SPECIAL ACT ON THE ESTABLISHMENT OF JEJU SPECIAL SELF-GOVERNING PROVINCE AND THE DEVELOPMENT OF FREE INTERNATIONAL CITY

영문법령 불러오는 중…

SPECIAL ACT ON THE ESTABLISHMENT OF JEJU SPECIAL SELF-GOVERNING PROVINCE AND THE DEVELOPMENT OF FREE INTERNATIONAL CITY — 법갈피

Article 9(Special Cases concerning Application of other Statutes upon Establishment of Jeju Self-Governing Province) #

(1) The provisions referring to a local government, Do, Si, or Gun in any other statute, shall each be deemed to include Jeju Self-Governing Province, and shall apply accordingly.

(2) The provisions referring to a member of a local council, a Do, Si, or Gun council in any other statute, shall each be deemed to include a member of Jeju Special Self-Governing Provincial Council, and shall apply accordingly.

(3) The provisions referring to the heads of local governments, Do Governors, or heads of Sis or Guns in any other statute, shall each be deemed to include the Jeju Special Self-Governing Province Governor (hereinafter referred to as the "Governor"), and shall apply accordingly.

(4) The provisions referring to local councils, or Do, Si, or Gun councils in any other statute, shall each be deemed to include the Jeju Special Self-Governing Provincial Council (hereinafter referred to as the "Provincial Council"), and shall apply accordingly.

(5) The provisions referring to ordinances or rules of a local government, Do, Si, or Gun in any other statute, shall each be deemed to include the relevant ordinances or rules of Jeju Self-Governing Province, and shall apply accordingly.

(6) The provisions referring to superintendents of education in any other statute, shall be deemed to include the Superintendent of the Provincial Office of Education of Jeju Special Self-Governing Province (hereinafter referred to as "Superintendent of the Provincial Office of Education"), and shall apply accordingly.

(7) The provisions specifying all or a part of the territory of a local government, Si, or Gun as a district or jurisdiction of an administrative agency, such as an office of education (including a district office of education) or police station, in any other statute, shall be deemed to include such district or jurisdiction of the Province's preceding administrative agency, and shall apply accordingly.

Article 17(Establishment of Supporting Committee for Jeju Special Self-Governing Province) #

(1) In order to achieve the purpose of this Act, a Supporting Committee for Jeju Self-Governing Province (hereinafter referred to as the "Supporting Committee") shall be established under the jurisdiction of the Prime Minister, to deliberate on the following matters concerning the performance targets of Jeju Special Self-Governing Province and the evaluation thereof, as well as for the development of a free international city:

1. Formulation and implementation of the master plan for the organization and administration of Jeju Self-Governing Province;

2. Enhancement of autonomy of Jeju Self-Governing Province in administration and finance, and the formulation of plans for granting administrative and financial preferential treatment to the Province pursuant to Article 4 (3);

3. Execution of agreements under Article 5 (3), and the utilization of the outcomes of such evaluation;

4. Review, etc. of legislative bills submitted under Article 19;

5. Incremental devolution of power held by central administrative agencies pursuant to Article 20;

6. Transfer of special local administrative agencies and the measures incidental thereto;

7. Designation and development of the Jeju Advanced Science and Technology Complex, and the cancellation of such designation;

8. Schemes to promote and develop the Jeju Free International City Development Center established under Article 166 (hereinafter referred to as the "Development Center") as well as coordination between the Development Center and local governments;

9. Promotion of liberalization of Jeju Self-Governing Province from administrative regulations;

10. Assistance to the inducement and establishment of foreign educational institutions and foreign medical institutions;

11. Creation of an international educational environment;

12. Management of landscape of Jeju Self-Governing Province;

13. Consultation and conciliation between the Governor and the heads of relevant central administrative agencies concerning subparagraphs 1 through 12;

14. Other matters deemed necessary by the chairperson of the Supporting Committee or the Governor and referred to a meeting thereof.

(2) The Supporting Committee shall be comprised of not exceeding 30 members, including one chairperson.

(3) The Prime Minister shall take the chair of the Supporting Committee, and the members shall be appointed or commissioned by the Prime Minister from among the heads of relevant central administrative agencies and from among those with abundant knowledge and experience.

(4) A working subcommittee shall be established under the Supporting Committee to examine the agenda items to be deliberated upon by the Supporting Committee, and to deal with matters delegated by the Supporting Committee.

(5) A working subcommittee referred to in paragraph (4) shall be comprised of not exceeding 25 members, including one chairperson; and the Minister of the Office for Government Policy Coordination shall take the chair thereof.

(6) Further details concerning the execution of agreements and the utilization of the outcomes of evaluation referred to in paragraph (1) 3 shall be determined by the chairperson, following deliberation by the Supporting Committee.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the organization, operation, etc. of the Supporting Committee and its working subcommittee shall be prescribed by Presidential Decree.

Article 31(Special Cases concerning Subject Matter of, and Requests for, Recall Elections) #

(1) Notwithstanding Article 7 (1) of the Recall of Elected Officials Act that applies mutatis mutandis under Article 24-2 (3) of the Local Education Autonomy Act, a person entitled to request a recall election pursuant to Article 7 (1) of the Recall of Elected Officials Act (hereinafter referred to as "person entitled to request a recall election") may file a request for a recall election on the Superintendent of the Provincial Office of Education, with the Election Commission that manages the affairs concerning recall elections pursuant to Article 30 (hereinafter referred to as the "competent Election Commission"), stating the ground for recall in detail, with a petition containing the signatures of at least 10/100 of the total number of persons entitled to request a recall election.

(2) When a request for a recall election on the Superintendent of the Provincial Office of Education is filed under paragraph (1), signatures of at least 1/100 of the total number of persons entitled to request a recall election in at least 1/2 of the administrative Sis, respectively, shall be obtained if at least three administrative Sis exist: Provided, That if two administrative Sis exist, signatures of at least 1/100 of the total number of persons entitled to request a recall election shall be obtained in each administrative Si.

(3) Notwithstanding Article 7 (2) of the Recall of Elected Officials Act, the requirement for signatures by administrative Si for a recall election on the Governor shall follow the requirement for signatures by administrative Si for a recall election on the Superintendent of the Provincial Office of Education, as prescribed in paragraph (2).

(4) Notwithstanding Article 7 (3) of the Recall of Elected Officials Act, when a request for a recall election on a member of the Jeju Self-Governing Provincial Council (excluding proportional representative members of the Jeju Self-Governing Provincial Council; hereafter referred to as "Provincial Council member" in this Section) has been filed, signatures of at least 1/100 of the total number of persons entitled to request a recall election in at least 1/2 of the Eups/Myeons/Dongs out of the total number of Eups/Myeons/Dongs shall be obtained, if at least three Eups/Myeons/Dongs exist in the constituency of the relevant Provincial Council member: Provided, That if two Eups/Myeons/Dongs in total exist in the constituency of the relevant Provincial Council member, signatures of at least 1/100 of the total number of the persons entitled to request a recall election shall be obtained, respectively.

Article 35(Application of the Recall of Elected Officials Act) #

The following subparagraphs shall govern where the Recall of Elected Officials Act applies to matters not expressly prescribed by this Act concerning recall: <Amended on Dec. 8, 2020>

1. "Article 7 (1) through (3)" in the provisions, with the exception of the subparagraphs, of Article 8 of that Act, shall be construed as "Article 7 (1) hereof and Article 31 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;" and "elective local public officials" in subparagraph 1 of that Article, shall be construed as "elective local public officials (including the Superintendent of the Provincial Office of Education; hereinafter the same shall apply)";

2. "Article 7 (1) through (3)" in subparagraph 1 of Article 11, Articles 12 (1) and 14 (1) of that Act, shall be construed as "Article 7 (1) hereof and Article 31 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City";

3. "Head of a local government" and "relevant local government" in Article 16 (1) of that Act, shall be construed as "the Governor and the Superintendent of the Provincial Office of Education" and "Jeju Self-Governing Province," respectively; and "Local Council member representing a district constituency" and "Local Council member" in paragraph (2) of that Article, shall be construed as "Provincial Council member" and "Provincial Council member," respectively;

4. "Deemed to be Presidential Decree," "Article 7," "Mayor/Do Governor," and "head of a Si/Gun/Autonomous Gu, council member representing a district constituency in a City/Do, and council member representing a district constituency in an autonomous Gu/Si/Gun" in the latter part of Article 27 (1) of that Act, shall be construed as "deemed to be Rules of the National Election Commission," "Article 7 (1) hereof and Article 31 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City," "the Governor and the Superintendent of the Provincial Office of Education," and "Provincial Council member," respectively; and "district where a recall election is held" in paragraph (2) of that Article (referring to the jurisdiction of the relevant Gu/Si/Gun in cases of recall elections on Local Council member representing a district constituency), shall be construed as "district where a recall election is held (referring to an administrative Si to which the place of resident registration belongs in cases of recall elections on Provincial Council member)";

5. "Offenses prescribed in Articles 28 through 33 and administrative fines prescribed in Article 35" in Articles 37 and 38 of that Act, shall be construed as "offences prescribed in Article 469 (1) through (7) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and administrative fines prescribed in Article 480 (4) through (6) (limited to administrative fines concerning recall of elected officials)."

Article 43(Personnel Hearings) #

(1) Notwithstanding related statutes, the Governor shall request the Provincial Council to hold a personnel hearing prior to the appointment of a local public official for extraordinary civil service as vice governor under the proviso of Article 123 (2) of the Local Autonomy Act. <Amended on Jan. 12, 2021>

(2) The Provincial Council shall establish a special committee for personnel hearings to hold personnel hearings for persons for whom the Governor requests to hold a personnel hearing under paragraph (1).

(3) The Provincial Council shall establish a special committee for personnel hearings to examine the requests for consent to the appointment of the chairperson of the Audit and Inspection Committee under Article 131 (5). <Amended on Jul. 11, 2023>

(4) The special committees for personnel hearings established under paragraphs (2) and (3), shall be deemed formed as at the time the request for consent to the appointment of the person who requires consent from the Provincial Council for appointment and the Governor’s request to hold a personnel hearing (hereinafter referred to as "request for consent to appointment, etc.") are presented to the Provincial Council, and shall subsist until a resolution on the request for consent to appointment, etc., is made at a plenary session or until the progress of the personnel hearing is reported at a plenary session.

(5) The special committees for personnel hearings shall hold a hearing on personnel (hereinafter referred to as "personnel hearing") to hear or examine the personnel matters pursuant to paragraphs (2) and (3).

(6) Except as provided in paragraphs (1) through (5), Articles 4 (2), 5 through 9, 10 (1) and (2), 11, 12 through 15, 15-2, and 16 through 18 of the Personnel Hearing Act shall apply mutatis mutandis to personnel hearings. In such cases, "committee" shall be construed as "special committee for personnel hearings;" "chairperson" as "chairperson of the special committee for personnel hearings;" "National Assembly" as "Provincial Council;" "Person having authority to appoint or nominate (including the President-Elect)" and "President or Chief Justice of the Supreme Court" as "Governor," respectively; "Speaker" as "Speaker of the Provincial Council;" and "Justices of the Constitutional Court, etc." and "candidate for public official under Article 65-2 (2) of the National Assembly Act” as "person subject to personnel hearing," respectively; and "State agency" as "local government."

(7) Except as provided in paragraphs (1) through (6), further details concerning the organization and operation of the special committees for personnel hearings, the operation of personnel hearings, methods for providing answers, hearing from prospective appointees, and other necessary matters, shall be prescribed by Provincial Ordinance.

Article 44(Special Cases concerning Authority for Autonomous Organization) #

(1) Notwithstanding Articles 68 (3) (limited to matters concerning the fixed number), 102 (3), 103 (2), 123 (1), the proviso of Article 123 (2) (limited to matters concerning the number), Articles 123 (6), 125 (2) (excluding matters concerning the class criteria), and 126 through 128 of the Local Autonomy Act, the following matters for Jeju Self-Governing Province may be prescribed by Provincial Ordinance: <Amended on Dec. 10, 2019; Jan. 12, 2021; Jul. 11, 2023>

1. Appointment of clerical public officials to the secretariat of the Provincial Council and procedures for such appointment;

2. Number and assigned duties of Vice Governors;

3. Standards for establishing and operating administrative bodies;

4. Standards for the fixed number of local public officials (including clerical public officials assigned to the Provincial Council);

5. Requirements for establishing organizations under the direct jurisdiction of the Governor, business offices, and branch offices;

6. Establishment of subordinate administrative bodies, etc.

(2) One Vice Governor of Jeju Self-Governing Province assigned under paragraph (1) shall be appointed as a State public official under the main clause of Article 123 (2) of the Local Autonomy Act. <Amended on Jan. 12, 2021>

(3) Notwithstanding Articles 2 and 3 of the Act on the Prescribed Number of State Public Officials Assigned to Local Governments, Jeju Self-Governing Province shall have no State public official, other than one Vice Governor appointed under paragraph (2): Provided, That it may have State public officials, following consultation with the Minister of the Interior and Safety pursuant to Articles 2 (excluding State public officials referred to in subparagraph 1) and 3 of the Act on the Prescribed Number of State Public Officials Assigned to Local Governments, if the Governor deems necessary. <Amended on Jul. 26, 2017>

(4) The Governor shall determine and publicly announce standards for establishing and managing administrative organizations in order to ensure the propriety in scale and streamlining of management of the relevant administrative organizations.

(5) Notwithstanding Article 34 (1) of the Libraries Act, the occupation category of the director of a government public library shall be prescribed by Provincial Ordinance and the director of a public library shall be a person with expertise in the relevant field. <Amended on Dec. 7, 2021>

Article 47(Special Cases concerning Personnel Management, including Provincial Personnel Committee) #

(1) The authority of the Minister of Education or the Minister of the Interior and Safety bestowed under Articles 30 (2) and 74 (2) of the Local Public Officials Act, shall be deemed the authority of the Superintendent of the Provincial Office of Education or the Governor, respectively. <Amended on Jul. 26, 2017>

(2) Notwithstanding Article 7 (1) of the Local Public Officials Act, a personnel committee may be established in an administrative Si (hereinafter referred to as "personnel committee of an administrative Si") and in a district office of education (hereinafter referred to as "personnel committee of a district office of education"), respectively, as prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019>

(3) Notwithstanding Articles 7 (2), (3), and (11), 8, 9 (1) and (2), 10 (2), 11, 32, 37 (1) and (4), 38 (excluding matters concerning the minimum working years, for each class, required for promotion), and 39 (excluding paragraphs (4) and (7)) of the Local Public Officials Act, the following matters may be prescribed by Provincial Ordinance: <Amended on Dec. 10, 2019; Oct. 8, 2021>

1. Matters concerning the organization of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education, and the appointment of their vice chairpersons;

2. Matters concerning the clerical employees of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education;

3. Matters concerning institutions administering various examinations;

4. Matters concerning the methods for appointing and recommending candidates for new employment;

5. Matters concerning the method of promotion and appointment, ranks of candidates for promotion and appointment, and the preparation of a list of candidates for promotion, and promotion examinations.

(4) Matters to be prescribed by Presidential Decree under the provision, with the exception of the subparagraphs, of Article 7 (5), Articles 8 (3) and (4), 10 (4), 25-3, and 27 (4), the proviso of Article 29-2, Article 30-3, the latter part of Article 30-5 (2), Articles 34 and 34-2, the main clause of Article 35 (1), the latter part of Article 35 (2), Article 36 (1) and (2), the main clause of Article 36 (4), Articles 36 (5) and 39-2 (4), the proviso of Article 41-4 (2), the former part of Article 41-4 (3), the proviso of Article 46-3, the proviso, with the exception of the subparagraphs, of Article 63 (2), Articles 67-2 (6), 67-3, and 76 (3) of the Local Public Officials Act may be prescribed by Provincial Ordinance. <Amended on Oct. 8, 2021>

(5) The chairpersons of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education established under paragraph (3) shall be elected by the Committee from among commissioned members thereof; while the number of commissioned members shall constitute a majority of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education, respectively. <Amended on Dec. 10, 2019>

(6) Notwithstanding Article 25-2 of the Local Public Officials Act, matters concerning the fields which foreigners may be employed in and appointed to, as well as the terms and procedures of such employment and appointment, may be prescribed by Provincial Ordinance: Provided, That no foreigner may be employed for, or appointed to any job related to or involving the exercise of government power, national security, and confidential information.

(7) Notwithstanding Article 29-4 (excluding paragraph (3)) of the Local Public Officials Act, matters necessary for the requirements for designation, appointment, and employment of positions open to the public and the procedures therefor, institutions administering examinations, and details for management, may be prescribed by Provincial Ordinance.

(8) Officials proficient in a foreign language may be preferentially treated in promotion, appointment, and employment, as prescribed by Provincial Ordinance.

(9) Notwithstanding the Local Public Officials Act and other relevant statutes, the Governor or the Superintendent of the Provincial Office of Education may otherwise prescribe the following matters, as prescribed by Presidential Decree: <Amended on Dec. 10, 2019>

1. Matters concerning administering examinations for public officials not subject to classification of ranks under Article 4 (2) of the Local Public Officials Act;

2. Matters concerning appointing by promotion under Article 39 (2) through (7) of the Local Public Officials Act;

3. Matters concerning filling vacancies under Article 41 (2) of the Local Public Officials Act.

Article 50(Performance-Based Contracting System) #

(1) Performance of a local public official of Grade IV or higher in general service in Jeju Self-Governing Province (hereinafter referred to as "official subject to evaluation") under Articles 38, 39 (5), and 76 of the Local Public Officials Act, shall be evaluated by methods, such as evaluating the level of achievement against the targets set forth in the relevant performance-based contract entered into (referring to an agreement between the official subject to evaluation and the evaluator concerning the utilization of performance targets, evaluation indicators, and evaluation results; hereinafter the same shall apply): Provided, That the Governor may evaluate the performance by conducting evaluation on the performance of the officials based on the relevant performance-based contracts, applying the standards for local public officials of at least Grade IV in general service, if he or she deems it proper to apply the method of evaluation based on the performance-based contract to the local public officials of Grade V or higher in general service (including public officials in research and technical advice services), as prescribed by Provincial Ordinance.

(2) "Performance target" in paragraph (1) means a desirable level to which the results and performance of a public official's service shall attain as at the time the period for evaluation terminates; while "evaluation index" means an index for measuring whether the public official has reached his or her performance target.

(3) Notwithstanding paragraph (1), a public official subject to evaluation may be exempted from such evaluation under the performance-based contract, if the period for which the public official actually remained in continuous service at the relevant grade, is less than three months due to temporary leave or removal from position, or on any other grounds. In such cases, his or her performance of service may be evaluated otherwise, as determined by the Governor.

(4) Further details necessary for evaluation under the performance-based contract, including, but not limited to, the appointment of an evaluator and confirmer for performance-based contract; the base date of performance evaluation; amendment to the terms and conditions of performance-based contract; performance evaluation for dispatched officials; counseling in relation to performance-based contract; the disclosure of, and objection to the results of performance evaluation; and utilization of the results of performance evaluation, shall be prescribed by the Governor.

Article 52(Qualification Examination System) #

(1) A local public official in general service of Grades I through III in Jeju Self-Governing Province and the Provincial Office of Education of Jeju Self-Governing Province shall be examined to determine whether he or she has quality standards and competency for the relevant grade or position (hereinafter referred to as "qualification examination”) in any of the following circumstances: <Amended on Dec. 10. 2019>

1. On every fifth anniversary after he or she is appointed as local public official in general service of Grade III: Provided, That a person appointed to a position open to the public during such period shall undergo such examination on every fifth anniversary from his or her appointment;

2. When he or she has been rated at the lowest level in the performance rating for two consecutive years, or has been rated at the lowest level for at least three years in total;

3. When he or she has not been assigned to any position without justifiable grounds under this Act or any relevant statute for two years in total.

(2) The qualification examination specified in paragraph (1) 1 shall be conducted within six months from the date the relevant ground arises; while the qualification examination specified in paragraph (1) 2 and 3 shall be conducted within three months from the date the relevant ground arises.

(3) The qualification examination shall be focused on the evaluation of performance and competency, and a public official shall be determined incompetent if it is deemed impracticable for him or her to continue his or her duties in the relevant grade or position: Provided, That any person who falls under the category provided for in paragraph (1) 1, shall be determined incompetent only if his or her performance constitutes the grounds specified in paragraph (1) 2, or if the period he or she has spent without being assigned to any position constitutes the grounds specified in paragraph (1) 3.

(4) The qualification examination specified in paragraph (1) shall be conducted by the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee, and the results thereof shall be notified to the Governor or the Superintendent of Provincial Office of Education, and the relevant public officials. <Amended on Dec. 10, 2019>

(5) The Governor or the Superintendent of the Provincial Office of Education shall require the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee to conduct the qualification examination for a public official under his or her jurisdiction, if he or she falls under any subparagraph of paragraph (1). <Amended on Dec. 10, 2019>

(6) Matters concerning the detailed guidelines and procedures for the qualification examination under paragraphs (1) through (5), the determination and evaluation of quality standards and competency by grade and position of persons subject to such qualification examination, and other matters, shall be prescribed by Provincial Ordinance, following deliberation and a resolution by the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee. <Amended on Dec. 10, 2019>

Article 79(Special Cases concerning Auxiliary Organizations) #

(1) Notwithstanding Article 30 (1) and (4) of the Local Education Autonomy Act, Deputy Superintendents shall be appointed to assist the Superintendent of the Provincial Office of Education; and matters concerning the fixed number and allocation of duties of the Deputy Superintendents shall be prescribed by Provincial Ordinance: Provided, That one of the Deputy Superintendents shall be appointed as State public official under Article 30 (1) of the Local Education Autonomy Act.

(2) Notwithstanding Article 30 (2) of the Local Education Autonomy Act, Deputy Superintendents (excluding the Deputy Superintendent appointed under the proviso of paragraph (1)) shall be appointed by the Superintendent of the Provincial Office of Education if such Deputy Superintendents are appointed as local public officials in extraordinary civil service.

(3) Notwithstanding Articles 30 (5) and 33 (1) of the Local Education Autonomy Act, auxiliary organizations may be established under the jurisdiction of the Superintendent of the Provincial Office of Education as necessary, but matters necessary in relation to the establishment, management, and number of such auxiliary organizations, may be prescribed by Provincial Ordinance.

(4) Notwithstanding Article 33 (2) of the Local Education Autonomy Act, no State public official, other than one Deputy Superintendent appointed under the proviso of paragraph (1), shall be assigned to any auxiliary organization established under the jurisdiction of the Superintendent of the Provincial Office of Education, an educational institution established under Article 32 of that Act, and a district office of education established under Article 80 of this Act: Provided, That such organization, institution, or office may have a State public official under Article 33 (2) of the Local Education Autonomy Act after consulting with the Minister of Education, if deemed necessary by the Superintendent of the Provincial Office of Education.

Article 91(Conclusion of Agreement with National Police) #

(1) Notwithstanding Article 90, an agreement shall be concluded between the Governor and the Commissioner of the Jeju Special Self-Governing Provincial Police Agency concerning the allocation of administrative affairs between the National Police and the Autonomous Police and the method for conducting such administrative affairs in dealing with the administrative affairs prescribed in subparagraphs 1 through 3 of that Article, and the agreement shall be publicly announced. In such cases, the Governor shall first consider the opinion of the Autonomous Police Commission. <Amended on Dec. 22, 2020; Dec. 29, 2020>

(2) Where the parties to the agreement fail to conclude the agreement due to a dispute between the parties in concluding the agreement under paragraph (1), the Minister of the Interior and Safety may arbitrate such dispute, upon request by the parties to the agreement, following deliberation and resolution by the Korean National Police Commission established under Article 7 of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as the "Korean National Police Commission"): Provided, That even where no request has been made by the parties to the agreement, the Minister of the Interior and Safety may arbitrate different opinions following deliberation and resolution by the Korean National Police Commission, where he or she deems that prompt arbitration is required where a deadlock in concluding the agreement substantially hinders public interest. <Amended on Jul. 26, 2017; Dec. 22, 2020>

(3) When the Minister of the Interior and Safety has arbitrated a dispute in concluding the agreement under paragraph (2), he or she shall, without delay, give written notice of the arbitration to the parties to the agreement, and the parties to the agreement in receipt of the written notice shall incorporate the details of the arbitration in the agreement. <Amended on Jul. 26, 2017>

(4) Matters necessary for the standards for allocation of administrative affairs between the National Police and the Autonomous Police, the method for conducting such affairs, and public announcement of the agreement prescribed in paragraph (1), shall be prescribed by Provincial Ordinance. In such cases, the opinion of the Commissioner of the Jeju Special Self-Governing Provincial Police Agency shall be sought. <Amended on Dec. 22, 2020>

Article 110(New Employment) #

(1) Autonomous police officials shall be newly employed through open competition.

(2) Any of the following persons may be newly employed as an autonomous police official (hereinafter referred to as "special employment") through a special employment examination: <Amended on Dec. 22, 2020>

1. A police official, if newly employed as an autonomous police official at the rank equivalent to his or her current rank;

2. A retired autonomous police or police official, if re-employed within two years from his or her date of retirement as an autonomous police official at the same rank as he or she held at the time of retirement or at the rank equivalent to that previously held;

3. A holder of a qualification certificate related to the prospective duty for which he or she will be employed, if it is inappropriate to employ an officer through open competition;

4. A person who has a record of service or research for, or expert knowledge about security guard duties of tourist attractions, environmental infrastructure, harbors, natural parks, public office buildings, etc. for at least five years;

5. A person who had enrolled in a school with a scholarship prescribed in Article 41-4 of the Local Public Officials Act and graduated from the school;

6. A person employed on a condition to work in a special area, such as an island or remote area;

7. A person who is proficient in a foreign language.

(3) Special employment specified in paragraph (2) may be made by means of qualified competition for many persons falling under identical grounds.

(4) A special examination for employment may be omitted where a police official is employed as an autonomous police official under paragraph (2) 1. <Amended on Dec. 22, 2020>

(5) Matters necessary in relation to the ranks of autonomous police officials eligible for special employment under paragraph (2); classification of qualification certificates related to prospected jobs for employment; records of service or research; and restrictions on transfer; and other matters; shall be prescribed by Provincial Ordinance.

Article 123(Special Cases concerning Tax Rate Adjustment) #

(1) Notwithstanding the tax rates set by the Local Tax Act (including standard tax rates and base rate for heavy taxation; hereinafter the same shall apply), the following tax rates of Jeju Self-Governing Provincial Tax may be increased or decreased, as prescribed by Provincial Ordinance, by up to 100/100 of the standard tax rate for the corresponding tax item set by the Local Tax Act: Provided, That if the tax rate of local resource facility tax is adjusted by Provincial Ordinance under subparagraph 6, the tax rate for buildings vulnerable to fire under Article 146 (3) 2 of that Act shall be 200/100 of the adjusted tax rate, and that for large buildings vulnerable to fire under Article 146 (3) 2-2 of that Act shall be 300/100 of the adjusted tax rate: <Amended on Dec. 31, 2019; Dec. 29, 2020; Jul. 11, 2023>

1. The acquisition tax rate set under Articles 11 through 15 of the Local Tax Act;

2. The registration and license tax rate for the registration of real estate set under Article 28 (1) 1 of the Local Tax Act;

3. The tax rate set under Article 81 (1) 1 of the Local Tax Act;

4. The property tax rate set under Articles 111 and 112 of the Local Tax Act;

5. The automobile tax rate set under Article 127 of the Local Tax Act;

6. The local resource facility tax rate set under Article 146 (1) and (3) 1 of the Local Tax Act;

7. The local education tax rate set under Article 151 of the Local Tax Act (excluding the standard tax rate set under paragraph (1) 3 of that Article).

(2) Notwithstanding Article 113 (1) 1 and 2 of the Local Tax Act, the property tax rate applicable to land subject to general aggregate taxation and separate aggregate taxation shall be classified as follows:

1. Land subject to general aggregate taxation: The tax base shall be either the aggregate amount of the values of the lots of land subject to general aggregate taxation owned by a taxpayer at Dong areas in each administrative Si (excluding part of Dong areas prescribed by Provincial Ordinance as being inappropriate for inclusion in Dong areas; hereafter in this Article, the same shall apply) or the aggregate amount of the values of the lots of land subject to general aggregate taxation owned by a taxpayer at Eup/Myeon areas in each administrative Si (including part of Dong areas prescribed by Provincial Ordinance as being inappropriate for inclusion in Dong areas; hereafter in this Article, the same shall apply), to which the property rate prescribed by Provincial Ordinance under paragraph (1) 4 shall apply, respectively;

2. Land subject to separate taxation: The tax base shall be either the aggregate amount of the values of the lots of land subject to separate taxation owned by a taxpayer at Dong areas in each administrative Si, or the aggregate amount of the values of the lots of land subject to separate aggregate taxation owned by a taxpayer at Eup/Myeon areas in each administrative Si, to which the property rate prescribed by Provincial Ordinance under paragraph (1) 4 shall apply, respectively.

(3) Notwithstanding Article 42 of the Local Tax Act, the leisure tax rate may be increased or decreased, as prescribed by Provincial Ordinance, by up to 100/100 of the leisure tax rate set under Article 42 (2) of that Act.

(4) Notwithstanding Article 34 of the Local Tax Act, the registration and license tax rates on licenses for other Sis referred to in Article 34 (1) of that Act, shall apply to Dong areas in each administrative Si; while the registration and license tax rates on licenses for Guns referred to in Article 34 (1) of that Act, shall apply to Eup/Myeon areas in each administrative Si. In such cases, the rate may be increased or decreased, as prescribed by Provincial Ordinance, by up to 100/100 of the registration and license tax rate on the relevant licenses.

(5) Notwithstanding Articles 81 (1) and 84-3 (1) of the Local Tax Act, the maximum tax rate of the resident tax for pro rata place of business portion (limited to tax amounts imposed under Article 81 (1) 2 of the Local Tax Act; hereafter in this paragraph, the same shall apply) and for pro rata employee portion shall be as follows, but the tax rates on places of business discharging pollutants under the proviso of Article 81 (1) 2 of that Act shall range from not more than the tax rate referred to in subparagraph 1 to 200/100 of the tax rate prescribed by Provincial Ordinance (500 won, if the rate is less than 500 won per square meter of the total ground area of the place of business): <Amended on Dec. 29, 2020>

1. Resident tax for pro rata place of business portion: 500 won per square meter of the total ground area of the place of business;

2. Resident tax for pro rata employee portion: 1/100 of the total wages of all employees.

Article 131(Establishment and Duties of Audit and Inspection Committee) #

(1) Notwithstanding Article 190 of the Local Autonomy Act (including cases applied mutatis mutandis under Article 3 of the Local Education Autonomy Act), and Article 81 of the Local Public Officials Act, an audit and inspection committee shall be established under the jurisdiction of the Governor (hereinafter referred to as the "Audit and Inspection Committee") to inspect, examine, check, analyze, and verify all duties, activities, etc. of organizations prescribed by Provincial Ordinance subject to audit and inspection, including Jeju Special Self-Governing Province and institutions affiliated therewith (hereinafter referred to as "organization subject to audit and inspection"), and individuals belonging thereto; and to deal with the findings therefrom under Article 135 of this Act (hereinafter referred to as "autonomous audit and inspection"). <Amended on Jan. 12, 2021>

(2) The Audit and Inspection Committee shall be comprised of not exceeding seven members, including one chairperson of the Audit and Inspection Committee (hereinafter referred to as the "chairperson of the Audit and Inspection Committee"), taking their genders into consideration.

(3) The members of the Audit and Inspection Committee shall be appointed or commissioned by the Governor from among persons with qualifications prescribed by Provincial Ordinance: Provided, That three of them shall be appointed or commissioned upon recommendation by the Provincial Council and one of them shall be appointed or commissioned upon recommendation by the Superintendent of the Provincial Office of Education. <Amended on Jul. 11, 2023>

(4) Where the Governor, the Provincial Council, or the Superintendent of the Provincial Office of Education intends to select or recommend members of the Audit and Inspection Committee, he or she or it shall undergo deliberation by a committee for the selection and recommendation of Audit and Inspection Committee members. <Newly Inserted on Jul. 11, 2023>

(5) The chairperson of the Audit and Inspection Committee shall be appointed by the Governor with the consent of the Provincial Council. <Newly Inserted on Jul. 11, 2023>

(6) The term of office of a member of the Audit and Inspection Committee who is not a public official under the jurisdiction of Jeju Self-Governing Province shall be three years. <Amended on Jul. 11, 2023>

(7) Details necessary for autonomous audit and inspection, such as the detailed methods and scope of autonomous audit and inspection and the standards for autonomous audit and inspection activities shall be determined by the chairperson of the Audit and Inspection Committee, following a resolution adopted by the Audit and Inspection Committee. <Amended on Jul. 11, 2023>

(8) The Audit and Inspection Committee shall have full autonomy in performing its duties, and its autonomy shall be honored to the maximum extent possible in compiling the budget for the organization, personnel affairs, and audit and inspection activities. <Amended on Jul. 11, 2023>

(9) Except as provided in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Audit and Inspection Committee and the committee for the selection and recommendation of Audit and Inspection Committee members under paragraph (4) shall be prescribed by Provincial Ordinance. <Amended on Jul. 11, 2023>

Article 134(Autonomous Audit and Inspection Plans) #

(1) The Audit and Inspection Committee shall formulate an autonomous audit and inspection plan covering the objectives, subject matter, organizations, and scope of an autonomous audit and inspection before conducting any audit and inspection in order to systematically and efficiently conduct autonomous audit and inspection: Provided, That the autonomous audit and inspection plan may be amended even in the course of conducting the audit and inspection, if necessary to amend the relevant autonomous audit and inspection plan.

(2) The Audit and Inspection Committee shall notify the heads of the organizations subject to autonomous audit and inspection, of the main items and details of an autonomous audit and inspection plan formulated under paragraph (1), as well as those of an amended plan, at least 30 days before the scheduled commencement date of such audit and inspection: Provided, That such notice is not required in an emergency requiring prompt audit and inspection, or if inevitable to achieve the effectiveness of the audit and inspection.

(3) The Audit and Inspection Committee shall notify the Board of Audit and Inspection, the Minister of Education, the Minister of the Interior and Safety, and the Governor (including the Superintendent of the Provincial Office of Education, if the relevant plan pertains to education, art, and science; hereafter in this Chapter, the same shall apply) of an autonomous audit and inspection plan formulated under paragraph (1) (referring to any amended plan, if amended) within two weeks after such plan is formulated. <Amended on Jul. 26, 2017>

(4) The Audit and Inspection Committee may request the following measures to be taken, if necessary for autonomous audit and inspection. In such cases, the relevant measures shall be limited to the minimum extent, and persons in receipt of such request shall comply therewith, unless there is good cause:

1. The organization subject to audit and inspection, and the individuals who work for such organization: Personal appearance or answering inquiries; submission of related data; sealing goods, etc.; research of the data in the electronic information system;

2. Other persons deemed involved to matters subject to audit and inspection: Request for personal appearance or answering inquiries and submission of related data.

(5) The Audit and Inspection Committee may require public officials in charge of audit and inspection in a central administrative agency, an official or employee of Jeju Self-Governing Province, an independent specialized institution, such as an accounting firm or research institution, or an expert to participate in the audit and inspection, and inspect, examine, and analyze the related matters when conducting the audit and inspection on business affairs requiring expertise or practical experience.

Article 139(Special Cases concerning Audit and Inspection) #

(1) No head of any central administrative agency may conduct any audit or inspection concerning the overall administrative affairs of organizations subject to the autonomous audit and inspection of the Audit and Inspection Committee referred to in Article 131 (1), or the specific policy, project, affairs, budget, etc. thereof: Provided, That the same shall not apply to the inspection of State administration conducted by the National Assembly, audit and inspection by the Board of Audit and Inspection, and matters for which a request for audit is made by residents pursuant to Article 21 of the Local Autonomy Act. <Amended on Jan. 12, 2021>

(2) Where the head of a central administrative agency deems necessary to conduct an audit and/or inspection of State administrative affairs and projects subsidized by the State, he or she shall request the Audit and Inspection Committee to conduct the audit and/or inspection.

(3) Upon receipt of a request made under paragraph (2), the Audit and Inspection Committee shall conduct the audit and/or inspection as requested, except in extenuating circumstances.

(4) The Audit and Inspection Committee shall notify the Board of Audit and Inspection, the head of the central administrative agency requesting the audit and/or inspection under paragraph (2), the Governor, and the organization subject to audit and/or inspection, of the findings from the audit and/or inspection conducted under paragraph (3).

(5) If the head of a central administrative agency deems that any of the findings from an audit and/or inspection notified under paragraph (4) are unsatisfactory, he or she may request the Audit and Inspection Committee to conduct a further audit and/or inspection. In such cases, the Audit and Inspection Committee shall conduct a further audit and/or inspection within 60 days, except in extenuating circumstances; and shall notify the head of the requesting central administrative agency, the Governor, and the organization subject to such audit and/or inspection, of the findings therefrom.

(6) Where the Audit and Inspection Committee is to conduct a further audit and/or inspection under paragraph (5), it shall allow a public official in charge of audit and/or inspection as recommended by the head of the requesting central administrative agency to participate in such further audit and/or inspection.

Article 140(Formulation of Comprehensive Plans) #

(1) The Governor shall formulate a comprehensive plan to develop a free international city, including the following matters (hereinafter referred to as "comprehensive plan"): <Amended on Dec. 10, 2019; Jul. 11, 2023>

1. Directions of long-term development of Jeju Self-Governing Province and basic policies for developing Jeju Self-Governing Province into an environment-friendly free international city;

1-2. Matters regarding population policy;

2. Promotion of international exchanges and cooperation, including the designation of Jeju Self-Governing Province as the "Island of World Peace";

3. Development of the tourism industry, and the use, development, and conservation of tourism resources;

4. Promotion of education and training of human resources;

5. Medical services, public health, and social welfare;

6. Promotion of the agriculture, forestry, and livestock industries and fisheries;

7. Promotion of local industries, including the high-tech knowledge industry, logistics industry, and finance industry;

8. Use, development, and conservation of land, water, and other natural resources;

9. Use, development, and conservation of the sea;

10. Conservation of the natural environment and prevention of the pollution thereof;

11. Development of the local community and the improvement of the habitat;

12. Preservation of local culture and the promotion of culture and arts;

13. Improving convenience in the lives of foreigners;

14. Matters concerning infrastructure, including roads, ports, harbors, and information communications;

15. Development of water resources, electric power, and other energy;

16. Construction and promotion of infrastructure for local informatization;

17. Funding necessary for development projects (referring to development projects executed under the comprehensive plan; hereinafter the same shall apply) and the formulation of an annual investment plan;

17-2. Matters regarding establishment of a system for implementing a comprehensive plan;

17-3. Matters regarding improving residents' welfare;

18. Other matters deemed necessary by the Governor.

(2) The Governor shall hold a hearing when intending to formulate a comprehensive plan, and shall submit it for deliberation by the Deliberative Committee on the Comprehensive Plan for Jeju Free International City established under Article 144.

(3) Comprehensive plans shall prevail over development plans formulated under other statutes: Provided, That the same shall not apply to matters concerning military affairs.

(4) Matters necessary for the procedures and methods for formulating comprehensive plans shall be prescribed by Presidential Decree.

Article 147(Approval to Implement Development Projects) #

(1) Any person who intends to implement a development project shall obtain approval therefor from the Governor: Provided, That if a person who intends to implement a development project, is the State or the Development Center, it shall seek the Governor's opinion.

(2) The scope of development projects that require approval for implementation thereof from the Governor or the Governor's opinion under paragraph (1), shall be prescribed by Provincial Ordinance.

(3) A person who intends to obtain approval to implement a development project or to seek an opinion under paragraph (1) shall formulate a project plan and submit it to the Governor, along with accompanying documents, as prescribed by Provincial Ordinance. In such cases, the project plan and its accompanying documents to be submitted to the Governor shall include the details for preferential employment of residents of Jeju Self-Governing Province.

(4) In receipt of a project plan and its accompanying documents submitted by a person who intends to obtain approval to implement a development project under paragraph (3), the Governor shall seek opinions of local residents, interested experts, etc., as prescribed by Provincial Ordinance, and if such opinions are deemed valid, he or she may grant approval to implement the project plan on condition that such opinions shall be reflected in the project plan. <Newly Inserted on Oct. 24, 2017>

(5) The Governor may grant approval to implement a development project under paragraph (1), as prescribed by Provincial Ordinance, on condition that any of the requirements, such as submitting relevant accompanying documents, not fulfilled shall be supplemented. <Newly Inserted on Oct. 24, 2017>

(6) The Governor may prioritize granting approval to implement a development project, as prescribed by Provincial Ordinance, if a person who intends to implement the development project is an association of farmers and fishermen. <Newly Inserted on Oct. 24, 2017>

(7) Every development project shall commence within one year from the date a development project is granted approval to implement under paragraph (1): Provided, That the Governor may extend the deadline only once by up to one year, if it is deemed inevitable to extend the deadline for commencement of the project. <Newly Inserted on Oct. 24, 2017>

(8) Approval to implement a development project shall become void on the date immediately after the deadline for commencement of the project expires, if the implementer fails to commence the project within the deadline for commencement of the project under paragraph (7) from the date the development project is granted approval to implement under paragraph (1). In such cases, the Governor shall publicly announce such fact, as prescribed by Provincial Ordinance. <Amended on Oct. 24, 2017>

(9) Upon receipt of an application filed by any person who intends to obtain approval to implement a development project under paragraph (1), the Governor shall assign a public official to deal with the affairs concerning the approval for implementation of the project, except in extenuating circumstances. <Newly Inserted on Oct. 24, 2017>

(10) Paragraphs (1) through (6) and (9) shall apply mutatis mutandis to amendments to the details of any existing development project: Provided, That the same shall not apply to any amendment to insignificant matters prescribed by Provincial Ordinance. <Amended on Oct. 24, 2017>

(11) Notwithstanding paragraphs (1) through (10), the Foreign Investment Promotion Act shall apply to development projects implemented with foreign investment. <Amended on Oct. 24, 2017>

(12) Notwithstanding paragraphs (1) through (10), the Industrial Sites and Development Act shall apply to industrial complex development projects. <Amended on Oct. 24, 2017>

(13) Whenever the Governor grants approval to implement a development project, he or she shall publicly announce such approval, as prescribed by Provincial Ordinance. The same shall also apply to amendments to the details of a development project, the implementation of which has been approved.

Article 148(Legal Fiction as Authorization and Permission) #

(1) The following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc.") shall be deemed obtained or performed when a person who intends to implement a development project obtains approval to implement the development project or seeks opinions under Article 147; and the public notification or announcement of permission, etc. under the relevant Acts shall be deemed granted, when approval to implement a development project is publicly notified or announced under Article 147 (13): <Amended on May 29, 2016; Dec. 27, 2016; Feb. 8, 2017; Oct. 24, 2017; Dec. 10, 2019; Jan. 29, 2020; Mar. 31, 2020; Dec. 27, 2022>

1. Building permits, reporting on building works under Articles 11 and 14 of the Building Act; and permission for and reporting on temporary buildings under Article 20 of that Act;

2. A permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

3. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of an implementation plan for occupancy or use (excluding land predesignated to be reclaimed under a reclamation license) under Article 17 of that Act; a reclamation license of public waters under Article 28 of that Act; public notification of a reclamation license under Article 33 of that Act; consultation about or approval for reclamation to be implemented by the State, etc. under Article 35 of that Act; and approval and public notification of an implementation plan for reclamation of public waters under Article 38 of that Act;

4. Permission for transfer, etc. under the proviso of Article 19 (1) of the Public Property and Commodity Management Act;

5. Recognition of a project under Article 20 (1) of the Act on Acquisition of and Compensation for Land for Public Works Projects;

6. Approval of a business plan under Article 15 of the Tourism Promotion Act; designation of a tourist attraction or tourism complexes under Article 52 of that Act; and approval of a development plan under Article 54 of that Act;

7. Permission to use administrative property under Article 30 of the State Property Act;

8. Determination of an urban or Gun management plan (limited to an urban and Gun management plan concerning urban or Gun planning facilities prescribed by Presidential Decree; and a district-unit planning zone and district-unit plan under Article 51 (3) of that Act) under Article 30 of the National Land Planning and Utilization Act; permission to engage in development activities under Article 56 of that Act; designation of the implementer of an urban or Gun planning facility project under Article 86 of that Act; and authorization of an implementation plan under Article 88 of that Act. In such cases, the determination of an urban and Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to an urban or Gun management plan relating to district-unit planning zones or district-unit plans under Article 51 (3) of that Act); approval of a topographic map under Article 32 (2) of that Act; designation of an area other than urban areas, among special-purpose areas under Article 36 of that Act, as an area for management planning; and designation of a development promotion district among special-purpose districts under Article 37 of that Act, shall be deemed made additionally for tourist development projects;

9. Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act; approval of a project plan for developing a tourism and resort complex in agricultural and fishing villages under Article 82 of that Act; approval of a project plan for developing a tourism farm under Article 83 of that Act; and reporting on a home-stay business entity under Article 86 of that Act;

10. Change or cancellation of an agricultural promotion area, etc. under Article 31 of the Farmland Act; and permission for or consultation on changing the use of farmland under Article 34 of that Act;

11. Permission to implement road works under Article 36 of the Road Act; permission to occupy and use a road under Article 61 of that Act; and consultation with or approval from the road management authority under Article 107 of that Act;

12. Designation of an urban development project implementer under Article 11 of the Urban Development Act; authorization for establishment of an association under Article 13 of that Act; and authorization, public notification, etc. of an implementation plan under Articles 17 and 18 of that Act;

13. Authorization of a plan to implement a project under Article 50 of the Act on the Improvement of Urban Areas and Residential Environments and Article 29 of Act on Special Cases concerning Unoccupied House or Small-Scale Housing Redevelopment;

14. Approval of an implementation plan to develop a logistics complex under Article 28 of the Act on the Development and Management of Logistics Facilities;

15. Approval of a plan to establish a private museum or a private art gallery under Article 18 of the Museum and Art Gallery Support Act;

16. Permission to construct a private road under Article 4 of the Private Road Act;

17. Permission for lumbering, etc., under Article 14 of the Erosion Control Work Act and cancellation of designation of land for erosion control under Article 20 of that Act;

18. Designation of an agro-industrial complex under Article 8 of the Industrial Sites and Development Act; designation of the implementer of an industrial complex development project under Article 16 of that Act; and approval of an implementation plan to develop an agro-industrial complex under Article 19 of that Act;

19. Approval to establish a factory under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;

20. Permission for and reporting on converting a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act; permission for and reporting on the temporary use of a mountainous district under Article 15-2 of that Act; permission for and reporting on lumbering, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act; permission for and reporting on activities within a forest protection zone under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act (excluding a protection zone for forest gene resources); and the cancellation of designation of a forest protection zone under Article 11 (1) 1 of that Act;

21. Approval of a comprehensive plan for maintaining small rivers under Article 6 of the Small River Maintenance Act; permission to implement small river construction works under Article 10 of that Act; and permission to occupy small rivers under Article 14 of that Act;

22. Authorization for a general water supply business or industrial water supply business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act; and authorization for installing an exclusive water supply system or exclusive industrial water supply system under Articles 52 and 54 of that Act;

23. Consultation about a plan for use of energy under Article 10 of the Energy Use Rationalization Act;

24. Approval of a hot spring development plan under Article 10 of the Hot Spring Act;

25. Permission to relocate a grave located on a third person's land, etc. under Article 27 of the Act on Funeral Services;

26. Permission for an electric generation business (excluding an electric generation business referred to in Article 303 (1) of this Act), electric transmission business, electric distribution business, or electric sales business under Article 7 of the Electric Utility Act; and authorization of or reporting on a plan to construct electric installations for electric utility under Article 61 of that Act; and authorization of or reporting on a plan for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;

27. Consultation on the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act;

28. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

29. Permission to change the form and quality of land under Article 21-2 (1) of the Grassland Act; and permission to change the use of grassland under Article 23 of that Act;

30. Approval of an implementation plan of a housing site development project under Article 9 of the Housing Site Development Promotion Act;

31. Reporting on waste disposal facilities (excluding facilities the Governor intends to establish) under Article 29 (2) 2 of the Wastes Control Act;

32. Selection of the site for waste disposal facilities under Article 9 of the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act; and approval of an installation plan of waste disposal facilities under Article 11-3 of that Act;

33. Authorization for installation of public sewerage (limited to excreta treatment facilities) under Article 11 of the Sewerage Act; permission to implement public sewerage construction works under Article 16 of that Act; and permission to occupy public sewerage under Article 24 of that Act;

34. Consultation with and approval of the river management agency under Article 6 of the River Act; permission to implement river works under Article 30 of that Act; permission to occupy rivers under Article 33 of that Act; and permission to use river water under Article 50 of that Act;

35. Permission for the implementation of a harbor development project under Article 9 (2) of the Harbor Act or approval of an implementation plan for a harbor development project under Article 10 (2) of the aforesaid Act;

36. Designation of an investment promotion zone under Article 162.

(2) The Governor shall pre-consult with the head of a relevant administrative agency when the Governor intends to approve implementing a development project or present his or her opinion under Article 147, where the project plan includes matters falling under any subparagraph of paragraph (1).

(3) Upon receipt of a request for consultation under paragraph (2), the head of a relevant administrative agency shall present his or her detailed opinion within 30 days after receipt of such request, and consultations shall be deemed made if no opinion is presented within the period.

(4) Where the agenda subject to consultation under paragraph (2) includes any matter to be deliberated upon by a relevant committee, the head of a relevant administrative agency shall consult based upon the results of deliberation done by the relevant committee.

(5) A person who intends to obtain constructive permission, etc. under paragraph (1) shall submit relevant documents prescribed by relevant Acts when he or she files an application for approval to implement the relevant development project.

Article 152(Establishment and Management of Special Land Account) #

(1) The Governor may establish and manage a special land account in order to facilitate the stabilization of land prices and the efficient development, supply, and desirable development of land for development purposes, and smoothly promote public projects by securing the land for public use at an early stage.

(2) The revenues of the special land account shall be as follows:

1. Contributions from the State and other local governments;

2. Funds transferred from the general accounts and other special accounts of Jeju Self-Governing Province.

3. Gains from real estate acquired as payment in kind under Article 117 of the Local Tax Act (including real estate acquired with funds from the special land account);

4. Gains from the disposal or leasing of public property;

5. Funds raised from the issuance of land bonds.

(3) Expenditure of the special land account shall be as follows:

1. Funds for the acquisition of land;

2. All expenses incurred in the management and operation of such special land account;

3. Repayment of issued land bonds;

4. Other funds necessary for projects prescribed by Provincial Ordinance to accomplish the purposes of the establishment of the special land account.

(4) Notwithstanding Articles 19 through 21, 28, 29, 36, 39, and 40 of the Public Property and Commodity Management Act, land acquired as payment in kind under paragraph (2) 3, and land acquired under paragraph (3) 1 may be disposed of by means of lease, exchange, transfer, and sale, as prescribed by Provincial Ordinance.

(5) Notwithstanding Article 47 (1) 6 of the Local Autonomy Act and Article 10 of the Public Property and Commodity Management Act, the Governor may acquire, or dispose of land for development purposes without a resolution by the Provincial Council in order to acquire, and dispose of such land in a stable manner. In such cases, the Governor shall report the results of the acquisition or disposal of the land for development purposes to the Provincial Council. <Amended on Jan. 12, 2021>

(6) Except as provided in paragraphs (1) through (5), matters necessary for establishing and managing the special land account shall be prescribed by Provincial Ordinance.

Article 160(Establishment of Special Account for Development Projects of Jeju Special Self-Governing Province) #

(1) A special account for development projects of Jeju Special Self-Governing Province (hereinafter referred to as "special account for development projects"), shall be established to secure and subsidize the project funds required for development projects.

(2) The special account for development projects, shall be managed and operated by the Governor.

(3) Revenues for the special account for development projects, shall be as follows:

1. Contributions from the State and other local governments;

2. Funds transferred from the general accounts and other special accounts of Jeju Self-Governing Province.

3. Contributions from individuals, corporations, associations, and other organizations;

4. Proceeds from lottery tickets distributed under Article 23 (1) of the Lottery Tickets and Lottery Fund Act;

5. Returns on investment under Article 461 (1);

6. Income, other than those specified in subparagraphs 1 through 5.

(4) Expenditures of the special account for development projects, shall be as follows: <Amended on May 29, 2016; May 16, 2023>

1. Funds for preserving and maintaining the local culture and the national heritage under Article 3 of the Framework Act on National Heritage;

2. Funds for promoting the agriculture, forestry, and livestock industry, and fisheries;

3. Funds for promoting the tourism industry;

4. Funds for improving the habitat, health and sanitation, and social welfare services;

5. Funds for improving and conserving the local environment;

6. Funds for promoting education, culture, and arts;

6-2. Transfer of funds to the funds created by Provincial Ordinance for soundly fostering and support to small and medium enterprises;

7. Providing loans to high priority development projects under Article 158, if any;

8. Subsidies or loans to the organizations of farmers and fishermen who are willing to invest in the development projects;

9. Subsidies or loans for projects jointly implemented by the local residents for increasing income;

10. Funds for purchasing land within a development project zone, where a local government is the project implementer;

11. Funds necessary for managing and operating the special account for development projects;

12. Funds for promoting local informatization projects;

13. Other funds necessary for projects prescribed by Provincial Ordinance in order to accomplish the objectives of the establishment of the special account for development projects.

(5) Matters necessary for the budget compilation and management of the special account for development projects shall be prescribed by Provincial Ordinance.

Article 165(Special Cases concerning Lease and Sale of State or Public Property) #

(1) Notwithstanding the relevant provisions of the State Property Act and the Public Property and Commodity Management Act, the Minister of Economy and Finance, the administration authority of State property, or the Governor may lease for use or profit from (hereinafter referred to as "lease"), or sell any land, factories, or other State or public property (hereafter in this Article, referred to as "property, etc.") owned by the State or Jeju Self-Governing Province under a free contract to the companies and international organizations moving into the Science and Technology Complex or investment promotion zones (hereafter in this Article, referred to as "occupant enterprise"). <Amended on Dec. 10, 2019>

(2) Notwithstanding Articles 35 (1) and 46 (1) of the State Property Act and Articles 21 (1) and 31 (1) of the Public Property and Commodity Management Act, the lease term may be set at up to 50 years, where any property, etc. owned by the State or Jeju Self-Governing Province is leased under paragraph (1). In such cases, the lease term may be renewed, but no renewed period may exceed 50 years for any renewal.

(3) Notwithstanding Article 18 of the State Property Act and Article 13 of the Public Property and Commodity Management Act, a factory or any other permanent structure may be constructed on the land, where any property, etc. owned by the State or Jeju Self-Governing Province is leased under paragraph (1). In such cases, the land may be leased on condition that the relevant structure is donated to the State or Jeju Self-Governing Province, or the land is reinstated for return at the end of the lease term, considering the type of such structure, etc.

(4) Notwithstanding Articles 32 (1) and 33 (including cases to which it applies mutatis mutandis under Article 47 of the State Property Act) of the State Property Act and Articles 22 (1), 23, 32, and 33 of the Public Property and Commodity Management Act, the amount of rent for the property leased under paragraph (1), shall be determined by Presidential Decree if it is State-owned property; or by Provincial Ordinance if it is public property, and may be denominated in a foreign currency when necessary.

(5) Notwithstanding Article 50 (1) and (2) of the State Property Act and Article 37 (1) of the Public Property and Commodity Management Act, the payment due date may be deferred or payment may be made in installments, as prescribed by Presidential Decree, in cases of State-owned property; or by Provincial Ordinance in cases of public property, if it is deemed impracticable for the purchaser of the property, etc. to pay the purchase price in a lump sum in selling the property, etc. to an occupant enterprise under paragraph (1).

(6) Notwithstanding the following Acts, the amount of rent for property, etc. leased to occupant enterprises under paragraph (1) may be exempted or reduced, as prescribed by Presidential Decree, in cases of State-owned property; or by Provincial Ordinance in cases of public property:

1. Article 34 of the Industrial Cluster Development and Factory Establishment Act and Article 38 of the Industrial Sites and Development Act, where any property, etc. is leased within the Science and Technology Complex;

2. Article 34 of the State Property Act (including cases to which it applies mutatis mutandis under Article 47 of that Act);

3. Articles 24 and 34 of the Public Property and Commodity Management Act.

(7) Where it is intended to sell public property to companies that move into the Science and Technology complex or investment promotion zones pursuant to paragraph (1), the relevant companies shall meet the requirements prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019>

(8) Article 27 the Industrial Sites and Development Act shall apply mutatis mutandis to the sale of State or public land within a development project area where the implementation of a development project has been approved under Article 147. <Newly Inserted on Dec. 10, 2019>

(9) Where it is intended to sell any public land to a person who has obtained approval to implement a development project pursuant to Article 147, the relevant person shall meet the requirements prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019>

(10) Notwithstanding the Public Property and Commodity Management Act, the Governor may lease public property to a person who has obtained approval to implement development projects under a free contract pursuant to Article 147 and, in such cases, paragraphs (2) through (4) and (6) shall apply to such lease. <Newly Inserted on Dec. 10, 2019>

Article 170(Business Affairs) #

(1) The Development Center shall engage in the following business affairs: <Amended on Dec. 10, 2019>

1. Formulating and executing a plan to operate the Development Center under Article 171 (1);

2. The following business affairs to develop the free international city:

(a) Acquisition, development, reserve, management, supply, and lease of land;

(b) Promotion of and support for the medical industry, health industry, and housing projects, in tourism complexes, industrial complexes, and English language education cities developed and managed by the Development Center

(c) Development of investment promotion zones and development and management of tourism complexes, industrial complexes, and English language education cities;

(d) Inducement, establishment, and operation of, and support for, foreign education institutions, international schools, and other education-related institutions;

(e) Inducement and establishment of foreign medical institutions, and support for the operation thereof;

(f) Business affairs referred to in items (a) through (e), entrusted by the State or Jeju Self-Governing Province;

(g) Other support projects for improving residents' income and internationalization;

(h) Other businesses incidental to those referred to in items (a) through (g);

(i) Projects that the Development Center may implement under other statutes;

3. The following business affairs to induce investments in relation to the free international city:

(a) Inducement of investments from domestic and foreign investors, and marketing and public relations activities therefor;

(b) Comprehensive support affairs, including counseling, guidance, public relations, and research for domestic and foreign investors, and civil affairs agent services;

4. The following profit-making business to raise funds required for developing the free international city:

(a) Operation of duty-free shops prescribed by Presidential Decree (hereinafter referred to as "designated duty-free shops");

(b) Outdoor advertisement businesses;

(2) The Development Center may establish a subsidiary and invest all or part of the capital therein, after obtaining a resolution by the board of directors to efficiently conduct the business affairs referred to in paragraph (1).

Article 198(Permission for Extension of Sojourn Areas) #

(1) The Minister of Justice may permit the extension of a sojourn area upon receipt of an application from a foreigner, if that foreigner, as a citizen of one of the nations determined and publicly announced by the Minister of Justice, having entered Jeju Self-Governing Province under Article 197, intends to move elsewhere within the Republic of Korea.

(2) Anyone who obtains permission under paragraph (1) may sojourn elsewhere within the Republic of Korea visa-free.

(3) The Minister of Justice may require the inviter of a foreigner or any other related person to guarantee the relevant foreigner's personal identity if necessary in relation to permission for extension of his or her sojourn area.

(4) The Minister of Justice may cancel permission for extension of sojourn area granted under paragraph (1), if the relevant foreigner falls under any of the following cases:

1. If the guarantor of his or her personal identity withdraws the guarantee or there is no longer a guarantor for his or her personal identity;

2. If it is found that he or she has obtained such permission by fraud or other improper means;

3. If he or she fails to comply with any of the conditions of such permission;

4. If critical grounds arise due to a change of circumstances, thereby becoming impracticable to maintain the status of permission any longer;

5. If his or her violation of this Act or any other Act is severe, or he or she violates any due order issued by an immigration control official in the course of performing his or her duties.

(5) When an immigration control official, a national police officer, or an autonomous police officer performs his or her duties, he or she may verify at an airport, port, ship, airplane, or by any other means of transportation whether a foreigner, who must obtain permission for extension of sojourn area under paragraph (1), obtains permission to move elsewhere within the Republic of Korea, when the foreigner moves elsewhere within the Republic of Korea for sojourn.

(6) The procedure for permission under paragraph (1), the procedure for guaranteeing personal identity under paragraph (3), the procedure for cancellation of such permission under paragraph (4), and the procedure for verifying such permission for extension of sojourn area under paragraph (5), shall be prescribed by Presidential Decree.

Article 211(Special Cases concerning Establishment and Operation of Educational Foundations) #

(1) The authority of the Minister of Education bestowed under Articles 10 (1) and 11, the latter part of Article 20 (2), Articles 33, 34 (2), 35 (2), 36 (2), 45 (2) through (4), 47 (1), 47-2, and 74 (5) (limited to the imposition and collection of administrative fines under devolved authority) of the Private School Act, shall become the inherent authority of the Superintendent of the Provincial Office of Education as for an educational foundation that establishes and operates a school referred to in Article 4 (1) 1 of that Act; and shall become the Governor's inherent authority as for an educational foundation that establishes and operates a private school referred to in Article 4 (3) 1 of that Act: Provided, That it shall become the Governor's inherent authority as for an educational foundation that establishes and operates a school and a private school specified in Article 4 (3) 1 of the Private School Act at the same time. <Amended on Dec. 10, 2019>

(2) Notwithstanding Article 4 (3) of the Private School Act, a person falling under any subparagraph of the same Article 4 (3) shall be subject to guidance or supervision of the Governor.

(3) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Education pursuant to Articles 5 (2) and 8-2, the former and latter parts, with the exception of the subparagraphs, of Article 10 (1), Articles 10 (3) and 10-2 (2), the proviso of Article 14 (4), Article 14 (6), the proviso of Article 18-2 (4), Article 18-2 (5), the proviso of Article 20-2 (2), the proviso of Article 21 (1), Articles 21 (6), 26 (3), and 26-2 (2), the proviso of Article 28 (1), Articles 28 (2), 29 (2), 31 (1) and (5), 32 (2), 35-2 (6), 36 (3), 53-2 (10), and 62 (5) of the Private School Act, may be prescribed by Provincial Ordinance. <Amended on May 29, 2016; Jul. 11, 2023>

(4) In applying Article 40 of the Private School Act to Jeju Self-Governing Province, “Minister of Education” shall be construed as “Minister of Education or the Governor.”

Article 218(Special Cases concerning Establishment and Management of Universities, Colleges, and Junior Colleges) #

(1) The authority of the Minister of Education bestowed under Articles 4 (2) and (3), 5, 24, 27 (2), 50-2 (2), 60 (1) and (2), 61 (1) and (3), 62, and 63 of the Higher Education Act shall become the Governor's inherent authority: Provided, That the authority of the Minister of Education shall not be transferred to the Governor regarding national schools specified in Article 3 of the Higher Education Act.

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Education under Articles 4 (1) and (3), 5 (2), 6 (2), 7 (2), 19 (1), and 20 (2), the proviso of Article 21 (1), Articles 23 (1) (limited to matters referred to in subparagraph 4), 24, 32 (excluding matters concerning the fixed numbers for health and medical care and for teachers’ training), 35 (6), 36 (2), 40 (2), 40-2, and 60 (2) of the Higher Education Act, may be prescribed by Provincial Ordinance: Provided, That matters concerning national schools specified in Article 3 of the Higher Education Act shall not be prescribed by Provincial Ordinance; and consultations with the Minister of Education shall be sought where matters referred to in Article 4 (1) of that Act are to be prescribed by Provincial Ordinance.

(3) Notwithstanding the Higher Education Act, universities that operate bachelor’s degree courses as well as associate degree courses (referring to universities and colleges, industrial colleges, and junior colleges defined in subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act; hereafter in this Article, the same shall apply) may be established and operated in Jeju Self-Governing Province.

(4) Articles 31, 35, 38, 40, 48 through 50, 50-2, 50-3, and 51 of the Higher Education Act shall apply mutatis mutandis to the term of school years; conferment of degrees; recognition of course completion; education commissioned by or to enterprises; advanced major courses; and transfer admission in bachelor's degree courses or associate degree courses in universities established pursuant to paragraph (3).

(5) Notwithstanding the proviso of Article 21 (1) of the Higher Education Act, universities established pursuant to paragraph (3) may provide their educational courses, either jointly or in collaboration with, a foreign university (including educational institutions equivalent to junior colleges).

Article 220(Special Cases concerning Establishment and Management of Foreign Educational Institutions) #

(1) A foreign educational foundation (referring to a foreign educational foundation defined in subparagraph 1 of Article 2 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City; hereinafter the same shall apply) may establish a foreign educational institution (referring to a foreign educational institution defined in subparagraph 5 of Article 2 of the Special Act on Designation and Management of Free Economic Zones; hereinafter the same shall apply).

(2) In establishing a foreign educational institution pursuant to paragraph (1), the establishment of a foreign educational institution corresponding to a school up to and including high school level, shall be subject to approval from the Superintendent of the Provincial Office of Education; and the establishment of a foreign university shall be subject to approval from the Governor.

(3) When the Superintendent of the Provincial Office of Education or the Governor approves the establishment of a foreign educational institution pursuant to paragraph (2), he or she shall submit the relevant case to the deliberative committee for establishment and operation of foreign educational institutions referred to in paragraph (5) (hereafter in this Article, referred to as the "Committee") for deliberation and resolution thereon.

(4) The criteria for establishing foreign educational institutions, procedures for establishment approval and other matters necessary for establishment, shall be prescribed by Provincial Ordinance: Provided, That when criteria for establishing foreign universities are prescribed by Provincial Ordinance, prior consultation with the Minister of Education shall be sought.

(5) The Committee shall be established under the jurisdiction of the Superintendent of the Provincial Office of Education and of the Governor, respectively, to deliberate on the establishment and operation of foreign educational institutions.

(6) Matters concerning the functions, organization, and operation of the Committees shall be prescribed by Provincial Ordinance.

(7) Except as otherwise expressly provided for in this Act, the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City shall apply to the establishment and operation of foreign educational institutions. In such cases, "Minister of Education" shall be construed as "Superintendent of the Provincial Office of Education" for foreign educational institutions falling under a school up to and including high school level; and as "Governor" for foreign universities; and "Presidential Decree" (excluding Presidential Decree under the main clause of Article 10 (1) of that Act) or "Ordinance of the Ministry of Education" as "Provincial Ordinance,” respectively.

(8) The State or Jeju Self-Governing Province may provide a foreign educational institution with funds necessary to purchase a site, construct facilities, or operate a school, or school sites, as prescribed by Presidential Decree.

(9) The number of local students who can be admitted to a foreign educational institution corresponding to a school up to and including high school level, which is established under paragraph (1), shall be determined by the head of the foreign educational institution within the ratio determined by Presidential Decree.

(10) Where Jeju Self-Governing Province provides support to a foreign educational foundation or institution pursuant to Article 13 or 14 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City, its participation in the decision-making body of the relevant foreign school foundation or institution and methods of participation may be separated prescribed by Provincial Ordinance, notwithstanding Article 15 (1) 1 of that Act.

Article 228(Management of International Schools) #

(1) Each international school's autonomy as to school management shall be guaranteed to the maximum extent in order to accomplish the objectives of establishment thereof.

(2) The academic curricula of an international school shall be determined by the head of the international school: Provided, That curricula for Korean as well sociology prescribed by Presidential Decree shall be determined by the Minister of Education. In such cases, the provisions concerning the curricula for the subjects, Korean and sociology, need not apply to foreigners entering schools under paragraph (5).

(3) The head of an international school may determine the following matters necessary for the management of the international school, as prescribed by Presidential Decree:

1. Class-related matter, such as academic years, semesters, number of days of classes, and class organization;

2. Grade systems, years required for graduation, etc.;

3. Use of course books for international schools;

4. Organization and management of the school operating committee;

5. Qualifications, methods, and procedures for admission.

(4) Matters concerning the enactment of school regulations; evaluation of schools and students attending schools; procedures for evaluation and disclosure of the results of evaluation; and collection of tuition fees and other charges of international schools, shall be prescribed by Provincial Ordinance: Provided, That matters concerning tuition fees for national or public international schools which are kindergarten, elementary schools, and middle schools, shall be governed by the Early Childhood Education Act and the Elementary and Secondary Education Act.

(5) The head of an international school may allow any foreigner deemed capable of taking courses for elementary school, middle school, or high school, to enroll in (including to re-admit, transfer-out of, and transfer-in to) the relevant courses.

(6) Article 216 (5) and (6) shall apply mutatis mutandis to the acknowledgement of academic background for graduates from international schools. In such cases, "autonomous school" shall be construed as “international school.”

(7) No student of an international school shall be disadvantaged without any reasonable ground due to his or her study in the international school. <Newly Inserted on Dec. 10, 2019>

Article 235(Designation as Island of World Peace) #

(1) The State may designate Jeju Self-Governing Province as the Island of World Peace to contribute to world peace and secure the stability and peace of the Korean Peninsula.

(2) The State and Jeju Self-Governing Province may implement the following projects necessary for performing the functions and role as the Island of World Peace referred to in paragraph (1):

1. Inducing organizations related to international peace and cooperation;

2. Establishing a research institute related to international cooperation;

3. Holding international conferences related to international peace and cooperation;

4. Projects related to exchanges and cooperation between South and North Korea;

5. Commemoration projects to propagate peace ideology;

6. Other projects for international peace and cooperation.

(3) Notwithstanding the State Property Act, the State may transfer a piece of State property under the jurisdiction of Seogwipo-si where Joint Military and Civilian Tourism Port is to be constructed pursuant to Article 236, to Jeju Self-Governing Province, gratuitously or on condition that substitute property be provided, or permit the use of such State property by Jeju Self-Governing Province without compensation in consultation with Jeju Self-Governing Province, if necessary for implementing commemoration projects under paragraph (2) 5. <Amended on Jul. 18, 2023>

(4) Where the State permits the use of any State property without compensation pursuant to paragraph (3), the State may determine the period of permission for use within 10 years, notwithstanding Article 35 (1) of the State Property Act. <Newly Inserted on Jul. 18, 2023>

(5) Where the period of permission for the use of State property permitted pursuant to paragraph (3) expires, the previous permission for use may be renewed for a period not exceeding 10 years, except as prescribed by Presidential Decree. <Newly Inserted on Jul. 18, 2023>

(6) Notwithstanding Article 18 (1) of the State Property Act, Jeju Self-Governing Province permitted to use State property pursuant to paragraph (3) may install permanent facilities on condition of reinstatement, if no limitation exists in conducting military operations. In such cases, the State shall require Jeju Self-Governing Province to take measures to guarantee the implementation of the expenses required for reinstatement, such as removal of the relevant permanent facilities, and the State Property Act shall apply to the standards and procedures for such measures. <Newly Inserted on Jul. 18, 2023>

(7) The State shall provide administrative and financial support necessary for implementing the projects referred to in paragraph (2). <Amended on Jul. 18, 2023>

(8) Matters necessary for the designation of the Island of World Peace, the implementation of projects, and administrative and financial support under paragraphs (1) through (7) shall be prescribed by Presidential Decree. <Amended on Jul. 18, 2023>

Article 236(Formulation of Regional Development Plans related to Joint Military and Civilian Tourism Port) #

(1) The Minister of the Interior and Safety shall formulate a development plan (hereafter in this Article, referred to as "regional development plan") to facilitate the development of the region where the Joint Military and Civilian Tourism Port is constructed (referring to a naval base and supplementary facilities of a cruise port to be newly constructed at Seogwipo-si in Jeju Self-Governing Province) and to improve the livelihood of residents. <Amended on Jul. 26, 2017>

(2) The regional development plan shall contain the following:

1. Matters concerning basic policies to facilitate projects for regional development (hereafter in this Article, referred to as "regional development project");

2. Scope of the regions eligible for regional development projects;

3. Matters concerning the development of the community and habitat;

4. Matters concerning the promotion of regional industries;

5. Matters concerning environmental conservation;

6. Matters concerning funding necessary for regional development projects, etc.;

7. Matters concerning project-specific annual investment plans;

8. Other matters deemed necessary for regional development.

(3) When the Minister of the Interior and Safety formulates or amends a regional development plan, he or she shall consult with the heads of relevant central administrative agencies and the Governor. <Amended on Jul. 26, 2017>

(4) To efficiently promote a regional development project in accordance with a regional development plan, the State and Jeju Self-Governing Province shall take necessary measures for a person who implements the regional development project within budgetary limits, such as providing subsidies or loans for funds, or the arrangement thereof.

(5) The State and Jeju Self-Governing Province shall endeavor to facilitate executing regional development projects by providing administrative or financial support to a person who implements a regional development project.

Article 243(Special Cases concerning Application of the Tourism Promotion Act to Encourage Foreign Investment) #

(1) Notwithstanding Article 21 of the Tourism Promotion Act, the Governor may permit a casino business referred to in Article 5 (1) of that Act (limited to foreigner-only casino businesses) to any person who intends to obtain permission for casino business and make foreign investment (referring to foreign investment defined in Article 2 (1) 4 of the Foreign Investment Promotion Act; hereafter in this paragraph, the same shall apply) in Jeju Self-Governing Province, in order to encourage foreign investment, if the person meets each of the following requirements. In such cases, the Governor may attach conditions to the permission, or permit at least two casino businesses based upon the amount of foreign investment referred to in subparagraph 1:

1. That the amount of foreign funds to be invested in the tourism business shall be at least five hundred million U.S. Dollars;

2. That the funds invested shall not be criminal proceeds, etc. defined in subparagraph 4 of Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (in such cases, criminal proceeds means those declared such finally and conclusively by court judgement);

3. That the investor’s credit status, etc. shall meet the conditions prescribed by Presidential Decree.

(2) A person who intends to obtain permission for a casino business under paragraph (1) shall file an application for permission to the Governor, along with documents prescribed by Provincial Ordinance, including, but not limited to, an investment plan.

(3) Matters necessary for the place and commencement time of business in relation to permission for a casino business under paragraph (1) shall be prescribed by Provincial Ordinance.

(4) A person who has obtained permission for a casino business under paragraph (1) shall be equipped with facilities and instruments referred to in Article 23 (1) of the Tourism Promotion Act before commencing the business.

(5) The Governor shall cancel permission the relevant person has obtained under paragraph (1), in any of the following circumstances:

1. If he or she fails to make an investment under paragraph (1) 1;

2. If the funds invested constitute criminal proceeds, etc. defined in subparagraph 4 of Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (in such cases, criminal proceeds means those declared such finally and conclusively by court judgement);

3. If he or she violates any condition of permission attached under the latter part, with the exception of the subparagraphs, of paragraph (1).

(6) Notwithstanding Article 11 of the Tourism Promotion Act, a person who has obtained permission under paragraph (1) may allow any third person to operate and manage facilities necessary for the operation and management of the casino business. In such cases, no entrusted manager shall become disqualified under Article 22 of the Tourism Promotion Act.

Article 244(Special Cases concerning the Tourism Promotion Act) #

(1) The authority of the Minister of Culture, Sports and Tourism bestowed under Articles 5 (1), 8 (4) and (8), 21, 21-2, 22 through 27, 35 (excluding paragraph (1) 9-2) through 40, 47 (1), 77, 78, and 86 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Tourism Promotion Act, shall become the Governor's inherent authority. <Amended on Dec. 11, 2018; Jul. 11, 2023>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Culture, Sports and Tourism under Articles 3 (1) 3 (b) and (2) (excluding matters concerning campground business), 4 (3) through (5), 5 (1) through (6), 6, 8 (2) and (8), 9, 10 (1) and (4), 11 (1) 2, 12, 13 (1) and (5), and 15 (1) through (3), the proviso, with the exception of the subparagraphs, of Article 16 (5), Articles 16 (5) 2, 17 (1), (4), and (6), and 20 (1) and (2) 1, the proviso of Article 20 (2) 2, Article 20 (5), the provision, with the exception of the subparagraphs, of Article 20 (5), Articles 20 (5) 7, 21 (1) 1 and 2 and (2), and 23 (1) and (2), the main clause of Article 24 (1), Articles 25 (2) through (4) and 26 (1), the former part of Article 26 (2), the provision, with the exception of the subparagraphs, of Article 28 (1), the former part, with the exception of the subparagraphs, of Article 28 (2), the main clause of Article 31 (1), the former part of Article 33 (1), Articles 33 (5) (excluding the details, period, methods, etc. of safety education), 34 (1), 35 (1) 8 and (3), and 37 (2), the main clause of Article 38 (1), the main clause of and proviso of Article 38 (2), the main clause, with the exception of the subparagraphs, of Article 40, Article 48 (2), the main clause of Article 52 (1), the latter part of Article 52 (5), the provision, with the exception of the subparagraphs, of Article 79, and the provision, with the exception of the subparagraphs, of Article 80 (3) (excluding subparagraph 4-2) of the Tourism Promotion Act, may be prescribed by Provincial Ordinance. <Amended on Jun. 12, 2018; Dec. 11, 2018; Dec. 10, 2019; Jul. 11, 2023>

Article 251(Registration, etc. of Resort Pension Business) #

(1) A person who intends to provide facilities to the members or joint owners of such facilities or any tourist, or run a business using them for accommodation (hereinafter referred to as "resort pension business") upon being equipped with facilities suitable for tourists' accommodation, cooking, and nature tours, shall file for registration with the Governor. The same shall apply where he or she intends to revise any important matter prescribed by Provincial Ordinance among the registered ones.

(2) A person who intends to engage in resort pension business shall formulate a business plan on the relevant business to obtain approval from the Governor before filing for registration of his or her business under paragraph (1). The same shall apply where he or she intends to amend the approved business plan.

(3) Notwithstanding Article 20 (1) of the Tourism Promotion Act, a person whose resort pensions business is registered or who has obtained approval of his or her business plan under paragraphs (1) and (2), may sell by units, or recruit members of the facilities of the resort pension business.

(4) The criteria and procedure for registration and registration for revision under paragraph (1), the criteria and procedure for approval and approval for any amendment to a business plan under paragraph (2), the standards for sale and recruiting for memberships under paragraph (3), and the purchase of facilities by unit and issuance of memberships, shall be prescribed by Provincial Ordinance.

(5) If a person to whom a resort pension business is transferred or who acquires a resort pension business through auction, etc. intends to assume the rights and obligations concerning registration, approval of, or reporting on the business plan, he or she shall report such transfer or acquisition to the Governor within one month from the date of such transfer or acquisition, as prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020>

(6) The Governor shall notify a reporting person of whether his or her report is accepted within 15 days from the date of receipt of such report under paragraph (5). In such cases, if the Governor fails to notify the reporting person of whether the report is accepted or an extension of the period of processing it under the statutes or regulations governing civil petitions within the period prescribed in the former part of this paragraph, the report shall be deemed accepted on the day following the date the period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing civil petitions, referring to the relevant processing period) expires. <Newly Inserted on Dec. 22, 2020>

(7) Where a report under paragraph (5) is accepted (including where a report is deemed accepted under the latter part of paragraph (6)), a person to whom a resort pension business is transferred or who acquires a resort pension business through auction, etc. shall succeed to the status of the person who registered the previous resort pension business or the person who has obtained approval of the business plan on the date of such transfer or acquisition. <Newly Inserted on Dec. 22, 2020>

(8) Where the business plan of a resort pension business or any amendment thereto is approved under paragraph (2), Article 76 (1) and (5) 1 of the National Land Planning and Utilization Act shall not apply to accommodation facilities and amenities therein, within the specific use areas or zones prescribed by Presidential Decree among the specific use areas or zones designated under that Act. <Amended on Dec. 22, 2020>

(9) Where a person whose resort pension business is registered or who has obtained approval of his or her business plan falls under any of the following cases, the Governor may cancel the registration or approval, suspend the business, or issue an order to improve the facilities or management within a given period not exceeding six months: <Amended on Dec. 22, 2020>

1. If the person who has obtained approval of his or her business plan under paragraph (2) fails to start or complete construction of the facilities of the resort pension business without just grounds, within the period prescribed by Provincial Ordinance;

2. If he or she uses any fraud or other improper means, or gives or accepts illicit funds or any other valuables in running the resort pension business or implementing the business plan;

3. If a project implementer violates this Act or an order or a disposition issued or made pursuant to this Act.

(10) Further details concerning the criteria for the disposition for cancellation or suspension under paragraph (9) shall be prescribed by Provincial Ordinance, considering the grounds or severity of the relevant violation. <Amended on Dec. 22, 2020>

(11) The Governor may take measures to close a place of business, if a person whose resort pension business is registered, continues his or her business even after his or her registration or approval is cancelled, or an order to suspend his or her business is issued under paragraph (9). In such cases, Article 36 of the Tourism Promotion Act shall apply mutatis mutandis to the method and procedure for closing places of business. <Amended on Dec. 22, 2020>

Article 267(Promotion of Agriculture, Forestry, Livestock Industry, Fisheries, and Food Industry) #

(1) The Governor shall formulate and promote plans to develop agriculture, forestry, the livestock industry, fisheries, and the food industry (hereinafter referred to as "development plan"), in order to enhance the competitiveness of agriculture, forestry, the livestock industry, fisheries, and the food industry; guarantee a stable income for farmers and fishermen; and pursue balanced development, congruent with other industries. In such cases, a development plan shall be deemed a plan to develop agriculture, rural communities, and the food industry under Article 14 (5) of the Framework Act on Agriculture, Rural Community and Food Industry and a plan to develop fisheries and fishing villages under Article 7 (5) of the Framework Act on Fishers and Fishing Villages Development.

(2) A development plan shall include the following matters:

1. Matters concerning fostering the breeding of seeds, seedlings, breeding stocks, and breeding shellfishes;

2. Matters concerning the establishment of environment-friendly production systems for agriculture, forestry, the livestock industry, and fisheries suitable for local conditions;

3. Matters concerning the development and dissemination of technologies for enhancing the competitiveness of agriculture, forestry, the livestock industry, and fisheries;

4. Matters concerning the improvement of structures for producing and distributing agriculture, forestry, the livestock industry, and fisheries;

5. Matters concerning fostering the processing industry for the produce of agriculture, forestry, the livestock industry, and fisheries;

6. Matters concerning advancing exports of the produce of agriculture, forestry, the livestock industry, and fisheries;

7. Matters necessary for promoting the tangerine industry and for improving the structure thereof;

8. Matters concerning various support and improvement of welfare, such as subsidies for income, etc. for the producers of agricultural products;

9. Matters concerning increasing income from sources, other than agriculture, by correlating agriculture, forestry, the livestock industry, and fisheries with other industries, such as the biotechnology industry and the scientific healing technology industry;

10. Matters concerning training human resources for agriculture, forestry, the livestock industry, and fisheries;

11. Matters concerning the promotion of the food industry;

12. A plan to develop agriculture, rural communities, and the food industry formulated by the Minister of Agriculture, Food and Rural Affairs under Article 14 (1) of the Framework Act on Agriculture, Rural Community and Food Industry and a master plan to develop fisheries and fishing villages formulated by the Minister of Oceans and Fisheries under Article 7 (1) of the Framework Act on Fishers and Fishing Villages Development;

13. Other matters necessary for developing agriculture, forestry, the livestock industry, fisheries, and the food industry.

(3) A rural community promotion fund shall be established, as prescribed by Provincial Ordinance, to raise and provide funds necessary for implementing development plans.

(4) The Development Center shall contribute the amount consulted on in advance with the Minister of Land, Infrastructure and Transport and the Minister of Economy and Finance pursuant to Article 51-2 (1) of the Act on the Management of Public Institutions to the rural community promotion fund established under paragraph (3), which equals to 5/100 of net profits stated on the income statement of the designated duty-free shop for the immediately preceding fiscal year: Provided, That even where the income statement of the duty-free shop for the immediately preceding fiscal year shows a net profit, where the income statement of the Development Center for the immediately preceding fiscal year indicated a net loss, the amount need not be contributed. <Amended on Jul. 11, 2023>

(5) The rural community promotion fund established under paragraph (3) shall be managed and operated by the Governor.

(6) The State and Jeju Self-Governing Province shall endeavor to provide funds preferentially to projects necessary to implement the development plan.

Article 280(Special Cases concerning Management of Mountainous Districts) #

(1) The authority of the Minister of the Korea Forest Service bestowed under Articles 8 (1), 9 (1) through (3), 11 (1), 13-2 (1) and (2), 14 (1) through (3), 15 (1), (3), and (4), 17 (1) and (2), 18 (1) through (3), 20, 21 (1), 22 (1) 2, 25-3 (1) 5, 25-5 (1), 29 (1), (2), (4), and (5), 30 (1) and (3), 37 (1) through (4), 38 (1) through (4), 39 (2) and (3), 40 (1) through (3), 41, 42 (1) and (2), 43 (1) and (2), 44 (1) and (2) (limited to matters related to devolved authority), 47 (1) (limited to investigations on matters related to devolved authority), 48 (1) through (3) (limited to compensation for loss due to activities related to devolved authority), 49 (limited to hearings related to devolved authority), 50 (limited to fees related to devolved authority), and 57 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Mountainous Districts Management Act, shall become the Governor's inherent authority. <Amended on Dec. 2, 2016>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Agriculture, Food and Rural Affairs under Article 8 (1) and (3), Article 9 (1) through (3), subparagraphs 3 through 5 and 10 of Article 10, Articles 11 (1) 4, 12 (1) 2 through 6, 8, and 10 through 16, and 12 (2) 3, and the provision, with the exception of the subparagraphs, of Article 12 (2) 4, the proviso of Article 12 (2) 4 (a), Articles 12 (2) 5 through 8, 12 (3) 2, 13 (4), 13-2 (3), and the main clause and proviso of 14 (1), 14 (4), the latter part, with the exception of the subparagraphs, of Article 15 (1), Article 15 (2) and (3), the main clause of Article 17 (1) 1 and 2, Articles 17 (2) and 18 (2) 1 and 2 and 18 (4), the main clause and proviso of Article 18 (5), the main clause, with the exception of the subparagraphs, of Article 20 (1), the main clause, with the exception of the subparagraphs, of Article 21 (1), Articles 21 (2) and (3), 22 (4), the main clause and proviso, with the exception of the subparagraphs, of Article 25 (1), Articles 25 (2) and 25 (3) 1 and 2, and 25 (4), the proviso, with the exception of the subparagraphs, of Article 25-2, Article 25-3 (1) 1, 2, and 4, subparagraphs 2 through 4 of Article 25-4, Articles 26 and 28 (1) 2 and 4, the main clause of Article 28 (1) 5, the provision, with the exception of subparagraphs, of Article 28 (2), Article 28 (2) 2 and 3, the former part of Article 28 (3), the former part of Article 29 (1), Articles 29 (3) and (5) and 30 (1) and (3), the main clause of Article 30 (5), the provision, with the exception of the subparagraphs, of Article 37 (1), Articles 37 (9) and 38 (1) and (2), the main clause, with the exception of the subparagraphs, of Article 39 (2), Article 39 (3) 2 and (5), the former part of Article 40 (1), Articles 40 (3) and (4), 42 (2) and (3), 43 (3), and 47 (5), the main clause and proviso, with the exception of the subparagraphs, of Article 50 (limited to fees collected under the Governor's authority),and Article 57 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Mountainous Districts Management Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 2, 2016; Apr. 18, 2017; Jul. 11, 2023>

Article 289(Special Cases concerning Permitted Fisheries) #

(1) The authority of the Minister of Oceans and Fisheries under Articles 49 (1) through (3) of the Fisheries Act and Article 61 (1) of the Aquaculture Industry Development Act related to aquaculture business (inland saline aquaculture business) under Article 43 of the Aquaculture Industry Development Act and to reported fishery business under Article 48 of the Fisheries Act shall become the Governor's authority. <Amended on Jul, 24, 2015; Aug. 27, 2019; Jan. 11, 2022>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Article 7 (3), the provisions, with the exception of the subparagraphs, of Article 7 (4), Articles 19 (1) 2, 27 (5), 28 (5) (limited to reserves for protection of fishery rights for set-net fisheries), 37 (1), 40 (4) (limited to matters regarding auxiliary vessels for coastal fishery business), 48 (1), the proviso of Article 48 (4), Article 49 (4) (limited to matters concerning reported fisheries), 62 (1), (3), and (4) 2, the former part of Article 62 (5), and Article 62 (6) of the Fisheries Act and Article 36 (5) (limited to the total allowable catch plan for fishery resources formulated by the Governor under paragraph (3) of that Article) of the Fishery Resources Management Act, and Articles 21 (6) and 23 (3) of the Fisheries Seed Industry Promotion Act may be prescribed by Provincial Ordinance. <Amended on Jan. 11, 2022; Jul. 11, 2023>

(3) Where a Provincial Ordinance is enacted with respect to auxiliary vessels for coastal fisheries (limited to fisheries that uses a non-powered fishing vessel, or a powered fishing vessel with the gross tonnage of less than 10 tons with scoop nets or lever nets for marine animals) pursuant to paragraph (2), if the quota or scale of an auxiliary vessel exceeds that of auxiliary vessels prescribed by the Fisheries Act and other relevant statutes, the quota or scale of the auxiliary vessel shall be pre-consulted on the Minister of Oceans and Fisheries.

(4) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Articles 32 (2), 41 (5), 42 (1), 43 (2) (limited to inland saline aquaculture business), and 50 (3) (limited to matters concerning inland saline aquaculture business) of the Aquaculture Industry Development Act, may be prescribed by ordinance of a City/Do. <Newly Inserted on Aug. 27, 2019>

Article 294(Special Cases concerning Development, Management, etc. of Fishing Villages and Fishery Harbors) #

(1) Notwithstanding Article 17 (3) and the main clause of Article 21 (2) of the Fishing Villages and Fishery Harbors Act, the Governor may designate a local fishery harbor under subparagraph 2 of Article 16 of that Act without consultations with the Minister of Oceans and Fisheries, or may formulate or amend a fishery harbor development plan under Article 19 (excluding national fishery harbors) of that Act.

(2) Notwithstanding Article 38 (10) of the Fishing Villages and Fishery Harbors Act, the Governor need not notify the relevant designating-authority of the permits granted for use or occupation of harbor facilities on condition that he or she manage the results separately. <Amended on Dec. 10, 2019>

(3) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Article 9 (1) 5, Article 9 (2), the proviso of Article 9 (3), the main clause of Article 9 (4), the main clause and proviso, with the exception of the subparagraphs, of Article 10 (1), the proviso of Article 10 (3), Articles 11 (1), 12 (2), and 13 (2), the main clause of and proviso of Article 14 (1), Articles 17 (2) and 18 (1) through (3), the main clause of Article 19 (1), the provision, with the exception of the subparagraphs, of Article 19 (2), Article 19 (5), the proviso of Article 19 (6), the main clause of and proviso of Article 21 (1), the proviso of Article 21 (2), Article 21 (3), the main clause, with the exception of the subparagraphs, of Article 23 (2), Article 23 (3), the proviso of Article 23 (4), Article 23 (6), the proviso of Article 26 (1), Article 26 (2) 1, 26 (3), the latter part of Article 26 (4), Articles 26 (7) and (8), 31 (2), 36, 37 (2), 38 (8) and (11), the proviso of Article 42 (1), and Article 44 (2) of the Fishing Villages and Fishery Harbors Act, may be prescribed by Provincial Ordinance: Provided, That matters concerning the State-owned fishery harbors defined in subparagraph 3 (a) of Article 2 of the Fishing Villages and Fishery Harbors Act, shall be excluded herefrom. <Amended on Dec. 10, 2019>

(4) The authority of the Minister of Oceans and Fisheries bestowed under Articles 7 (3) through (5), 9 (2) and (3), 10 (1) 1 and (2), 12 (2) and (3), 14 (1), 15, 19 (5), 23, 26 (1), (3), and (4), 27 (1) and (2), 28, 50, 51 (1), 54, 55, and 62 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Fishing Villages and Fishery Harbors Act, shall become the Governor's inherent authority. In such cases, the provisions of Articles 19 (5), 23, 26 (1), (3), and (4), 27 (1) and (2), and 28 of that Act shall be limited to national fishery harbors. <Amended on Dec. 10, 2019>

Article 303(Special Cases concerning Electric Utility Businesses) #

(1) The authority of the Minister of Trade, Industry and Energy (limited to the electric generation business utilizing wind power as new and renewable energy provided for in the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy) bestowed under Articles 7, 9, 10, 12, 13, 61 (1) through (5), 71, and 108 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Electric Utility Act and Articles 8 (1), 20, and 52 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Electrical Safety Management Act, shall become the Governor's inherent authority: Provided, That consultation with the Minister of Trade, Industry and Energy shall be held when granting permission to the electric generation business utilizing wind power exceeding 20,000 kilowatts. <Amended on Mar. 31, 2020; Oct. 18, 2022>

(2) A committee shall be established under the jurisdiction of the Governor to deliberate on matters concerning the permission, authorization, etc. of the electric generation business falling under paragraph (1) (only applicable where such business exceeds 3,000 kilowatts), and matters necessary for the composition, function, etc. thereof shall be prescribed by Provincial Ordinance.

(3) When the Governor has granted permission, authorization, etc. pursuant to paragraph (1), it shall be deemed deliberated upon by the Electrical Affairs Commission established under the Electric Utility Act, notwithstanding Articles 7 (2), 10 (2), and 12 (1) of that Act, where he or she has undergone deliberation by the committee pursuant to paragraph (2).

(4) Where an electric generation business utilizing wind power is included in the scope of a development project requiring approval pursuant to Article 147, the Governor may prescribe the detailed standards and procedures for electric generation businesses utilizing wind power by Provincial Ordinance, in consideration of regional characteristics, in addition to the matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Article 7 (6) of the Electric Utility Act.

(5) Matters to be prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Articles 10 (3) and 12 (5), the former part of Article 61 (1), Article 61 (2), the former part of Article 61 (3), and Article 61 (5) and (6) of the Electric Utility Act, and the former part of Article 8 (1) and (2), and Article 8 (3) and (5) of the Electric Safety Management Act, may be prescribed by Provincial Ordinance: Provided, That this shall be limited to electric generation businesses utilizing wind power as new and renewable energy provided for in the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy. <Amended on Mar. 31, 2020; Oct. 18, 2022>

Article 304(Public Management of Wind Power Resources) #

(1) The Governor shall manage wind power resources in Jeju Self-Governing Province as public resources.

(2) The Governor shall endeavor to appropriately manage and research wind power resources, offer follow-up management for wind power generation facilities, and develop and utilize wind power resources.

(3) A person who intends to obtain a license for electric generation business utilizing wind power under Article 303 (1) shall be any of the following persons:

1. A local public enterprise established by Jeju Self-Governing Province under the Local Public Enterprises Act and equipped with operation capabilities prescribed by Provincial Ordinance (including invested corporations and contributed corporations provided for in Article 2 (1) of the Act on the Operation of Institutions Provided with Investments or Funds by Local Governments);

2. A person with financial and technological capabilities above the criteria prescribed by Provincial Ordinance;

3. A person who intends to engage in small electric generation business utilizing wind power at less than the generation facility capacity prescribed by Provincial Ordinance.

(4) A person who installs and uses wind power generation facilities upon obtaining a license for electric power generation business utilizing wind power pursuant to paragraph (3) and Article 303 (1) shall take necessary measures for stable wind power generation, as prescribed by Provincial Ordinance.

(5) The Governor may take necessary measures, such as corrective orders or suspension of use, against a person who neglects to take measures under paragraph (4), as prescribed Provincial Ordinance.

(6) The Governor may designate and develop a wind power generation district, as prescribed by Provincial Ordinance, if necessary to develop wind power resources systematically and to facilitate wind power generation.

(7) The Governor may designate a surrounding area suffering disadvantages due to the designation of a wind power generation district under paragraph (6) as a village specialized in new and renewable energy, and provide administrative and financial support to such district, and further details may be prescribed by Provincial Ordinance.

Article 306(Formulation of Plans for Development of Health and Medical Services, etc.) #

(1) The Governor shall formulate a plan for development of health and medical services every four years, following deliberation by the Deliberative Committee on Health and Medical Services Policy established under paragraph (3), to create an environment to develop medical services in Jeju Self-Governing Province, and formulate and implement the implementation scheme for the plan for development of health and medical services every year. <Amended on Dec. 10, 2019>

(2) The plans for development of health and medical services referred to in paragraph (1) shall include the following matters:

1. Major policies and promotion schemes defined by step for development of health and medical services;

2. A scheme for inducing good hospitals and activating medical tourism;

3. A scheme for fostering public medical services and securing the public character and competitiveness;

4. Other matters deemed necessary for developing health and medical services.

(3) A Deliberative Committee on Health and Medical Services Policy shall be established under the jurisdiction of the Governor to deliberate on matters concerning permission for medical institutions under Article 307 and the formulation of plans for development of health and medical services.

(4) The Deliberative Committee on Health and Medical Services Policy established under paragraph (3) shall be comprised of persons with abundant knowledge of and experience in the fields of health and medical services, and matters necessary in relation to the functions, organization, and management of the Deliberative Committee on Health and Medical Services Policy, shall be prescribed by Provincial Ordinance.

(5) The Governor may evaluate the results of implementing the previous plan for development of health and medical services, as prescribed by Provincial Ordinance, to formulate a plan for development of health and medical services under paragraph (1). <Newly Inserted on Dec. 10, 2019>

Article 307(Special Cases concerning Establishment of Medical Institutions) #

(1) Notwithstanding Article 33 (2) of the Medical Service Act, a corporation established by a foreigner (referring to a foreigner defined in Article 2 (1) 1 of the Foreign Investment Promotion Act) may establish a medical institution (hereinafter referred to as "foreign medical institution") in Jeju Self-Governing Province subject to permission from the Governor. In such cases, the types of foreign medical institutions shall be general hospitals, hospital, dental hospitals, and convalescence hospitals defined in Article 3 (2) 3 of the Medical Service Act.

(2) The types of and requirements for a corporation, and conditions for establishing foreign medical institutions under paragraph (1) shall be prescribed by Provincial Ordinance.

(3) In permitting the establishment of a medical institution under paragraph (1), or prescribing Provincial Ordinance under paragraph (2), the Governor shall undergo prior deliberation by the Deliberative Committee on Health and Medical Services Policy. In such cases, the Governor shall obtain approval from the Minister of Health and Welfare before the completion of such deliberation.

(4) No foreign medical institution shall be deemed an intermediate care institution under Article 42 (1) of the National Health Insurance Act or a medical care institution under Article 9 (1) of the Medical Care Assistance Act.

(5) Where a foreign medical institution established pursuant to paragraphs (1) through (3) fails to meet any of the requirements for establishing foreign medical institutions, the Governor may revoke the permission for establishment of the foreign medical institution, as prescribed by Provincial Ordinance, following deliberation by the Deliberative Committee on Health and Medical Services Policy.

(6) Where a foreign medical institution is accredited as a medical institution of a foreign country determined and publicly announced by the Minister of Health and Welfare, it shall be deemed accredited as a medical institution under Articles 58 and 58-3 of the Medical Service Act. In such cases, the foreign medical institution shall submit the results of such evaluation to the Minister of Health and Welfare, who may publicly announce such results.

(7) Doctors and dentists working for a foreign medical institution may prepare medical certificates, report or certificates of postmortem examination, and prescriptions referred to in Articles 17 and 18 of the Medical Service Act in a foreign language, as prescribed by Provincial Ordinance. In such cases, such Provincial Ordinance shall be subject to prior consultation with the Minister of Health and Welfare.

(8) Doctors, dentists, or nurses working for a foreign medical institution may prepare records of medical examination and treatment, assistance in childbirth, nursing, and other records concerning medical examination and treatment under Article 22 of the Medical Service Act and electronic medical records under Article 23 of that Act in a foreign language, as prescribed by Provincial Ordinance. In such cases, such Provincial Ordinance shall be subject to prior consultation with the Minister of Health and Welfare.

Article 351(Basic Direction-Setting for Conservation and Maintenance of Natural Environment) #

(1) Jeju Self-Governing Province shall ensure environmentally sound and sustainable development in formulating and implementing its policies and plans, and preserve and maintain the natural environment so that residents can share benefits from the natural environment and so future generations can have equal opportunities in using the natural environment.

(2) Jeju Self-Governing Province shall enact the Framework Provincial Ordinance on the Environment and endeavor to formulate and implement a master plan to conserve the environment, which includes the following matters, so that the natural environment can be preserved and maintained systematically and residents can enjoy an affluent and healthy life style in the pleasant natural environment:

1. Goals of, and direction-setting for the conservation of the environment;

2. Analysis of the traits of the local environment and the future prospects thereof;

3. Plans, etc. to conserve and restore the natural environment and ecosystem;

4. Conservation and maintenance of urban and natural landscape;

5. Maintenance of the biosphere conservation zones in Jeju Self-Governing Province as designated by UNESCO.

(3) The Governor shall apply best endeavors to engage in cooperative activities and exchanges between the biosphere conservation zones to preserve and maintain the biosphere conservation zones in Jeju Self- Governing Province as designated by UNESCO, and shall manage the zones, as prescribed by Provincial Ordinance.

(4) The Governor shall endeavor to establish and execute the practical tasks that contain the fundamental values and philosophy to be shared by the entire local community to continue environmentally sustainable development.

(5) The Governor may establish an Environment Conservation Fund in Jeju Self-Governing Province, as prescribed by Provincial Ordinance, to raise the funds required for implementing the master plans to conserve the environment under paragraph (2).

(6) The Environment Conservation Fund established under paragraph (5) shall be raised from the following revenue sources: Provided, That the revenue sources referred to in subparagraphs 1 through 4, shall be limited to the portion attributed to Jeju Self-Governing Province: <Amended on Jan. 17, 2017>

1. Grants of expenses incurred in collection of environmental improvement charges under the Environmental Improvement Cost Liability Act;

2. Grants of expenses incurred in collection of emission charges under the Clean Air Conservation Act;

3. Grants of expenses incurred in collection of emission charges under the Water Environment Conservation Act;

4. Administrative fines imposed on violators of environment-related Acts, including the Environmental Impact Assessment Act, the Clean Air Conservation Act, and the Water Environment Conservation Act;

5. Funds transferred from the general accounts and other special accounts of Jeju Self-Governing Province.

(7) The State may provide financial support to the Environment Conservation Fund established under paragraph (5).

Article 351-3(Creation of Global Environment-Focused City) #

(1) The State and Jeju Self-Governing Province shall endeavor to develop Jeju Self-Governing Province into a city with a sustainable environment that sets a global example (hereinafter referred to as "global environment-focused city").

(2) The Governor shall formulate a master plan for the creation of a global environment-focused city (hereafter in this Article referred to as "master plan for the global environment-focused city") every 10 years in consultation with the heads of relevant central administrative agencies.

(3) A master plan for the global environment-focused city shall include the following:

1. Basic direction of the creation of the global environment-focused city;

2. Matters regarding the fields of ecology and nature, such as the conservation and restoration of ecosystems and natural scenery, recharge of water resources, the conservation of forest ecosystems and wetlands, the conservation, restoration, and utilization of biological resources, the enhancement of ecosystem services, and response to natural disasters;

3. Matters regarding the fields of living environment, such as the control of air, water, soil pollution, and other environmental pollution, recycling of resources, and waste management;

4. Matters regarding the field of urban environment, such as the creation of urban landscape, the securing of parks and green spaces, and the establishment of smart traffic systems, in consideration of the ecological environment;

5. Matters regarding the marine environment, such as the protection and restoration of marine organisms under protection, promotion of the health of marine ecosystems, the prevention and restoration of coastal erosion, the treatment of marine wastes, the management of fishery resources;

6. Matters regarding the field of response to climate change, such as conversion to a carbon neutral society, reduction of greenhouse gases, expansion of carbon sinks, and response to sea and air temperature increases;

7. Matters regarding the field of energy, such as promotion of the development and distribution of renewable energy, and energy efficiency;

8. Matters regarding the field of industrial structure conversion, such as fostering of smart and environment-friendly agriculture and green industries, training of environment-friendly technical human resources, and creation of green jobs;

9. Other matters regarding the creation of sustainable environment.

(4) Except as provided in paragraphs (2) and (3), matters necessary for the formulation and implementation of the mast plan for the global environment-focused city shall be prescribed by Provincial Ordinance.

[This Article Newly Inserted on Jul. 11, 2023]

Article 355(Absolute Conservation Zones) #

(1) The Governor may designate any of the following areas as a zone for protecting the unique traits of the natural environment (hereinafter referred to as "absolute conservation zone") with consent from the Provincial Council. Any amendment thereto shall also be subject to consent from the Provincial Council: <Amended on May 16, 2023; Jul. 11, 2023>

1. Areas of outstanding natural landscape, including Mt. Halla National Park, Oreum (meaning small volcanos dispersed across Jeju Self-Governing Province; hereinafter the same shall apply), valleys, rivers, lakes, waterfalls, islands, seashores, coasts, and lava caves;

2. Areas necessary for the conservation of water resources and national heritage under Article 3 of the Framework Act on National Heritage;

3. Habitats of wild animals;

4. Ecologically important natural forest areas;

5. Other areas prescribed by Provincial Ordinance for the conservation of the natural environment.

(2) The Governor shall immediately publicly announce the designation or change of an absolute conservation zone under paragraph (1), as prescribed by Provincial Ordinance, for each such designation or change.

(3) No one shall construct a building in violation of the purposes of the designation of any absolute conservation zone, install an artificial structure or any other facility, change the form and quality of land, parcel land, reclaim public waters, lumber, collect soil or rocks, construct a road, or engage in any similar activities in such zone under paragraph (1): Provided, That the same shall not apply to the activities referred to in any of subparagraphs 1 through 5, and permitted by the Governor:

1. Constructing climbing routes, promenades, forest roads, roads, public toilets, outdoor pavilions, meteorological observatory facilities, and park facilities under the Natural Parks Act, implemented by the State or Jeju Self-Governing Province;

2. Forestry projects implemented under a forest administration plan formulated pursuant to Article 13 of the Creation and Management of Forest Resources Act, without accompanying clear-cutting or changing the form and quality of the land;

3. Activities for academic survey and research purposes;

4. Extending or renovating buildings within the premises of existing religious facilities built before the designation of the absolute conservation area;

5. Other activities prescribed by Provincial Ordinance, to the extent that such activities do not damage or change the original form of natural resources.

(4) Notwithstanding the proviso of paragraph (3), any person who has commenced construction works or a project (including construction works or projects not requiring authorization, etc. under the relevant statutes) with authorization, permission, approval, etc. concerning the construction of a building, installation of an artificial structure or any other facility, or change of the form and quality of the land under the relevant statutes already obtained as at the time of the designation of the absolute conservation zone under paragraph (1), may continue the construction works or project without permission from the Governor.

Article 356(Relative Conservation Zones) #

(1) The Governor may designate any of the following areas as a zone for leading the conservation and proper development of the natural environment (hereinafter referred to as "relative conservation zone") with consent from the Provincial Council. The same shall also apply to any amendment thereto: <Amended on Jul. 11, 2023>

1. Areas requiring the conservation of the ecosystem or landscape, including Oreum, rivers, valleys, sides of main roads, and seashores;

2. Areas requiring conservation among the areas, other than absolute conservation zones.

(2) No one shall construct any building in violation of any of the purposes of designating a relative conservation zone, install any artificial structure or any other facility, change the form and quality of the land, or engage in any similar activities within the relative conservation zone designated under paragraph (1): Provided, That the same shall not apply to the following activities which are permitted by the Governor: <Amended on Apr. 18, 2017>

1. Constructing facilities referred to in Article 355 (3) 1;

2. An activity referred to in any of Article 355 (3) 2 through 5;

3. Constructing a museum or art gallery defined in Article 2 of the Museum and Art Gallery Support Act;

4. Constructing a building of up to two-stories (including auxiliary buildings and appurtenant parking lots) to engage in agriculture, forestry, livestock industry, or fisheries; or in connection with the income from accommodation, sale, etc.;

5. Constructing a building of up to two-stories on the land in a village area under Article 37 (1) 6 of the National Land Planning and Utilization Act or a district-unit planning zone under Article 51 (3) of that Act, or the land classified as a building site under Article 67 of the Act on the Establishment and Management of Spatial Data;

6. Constructing roads, observation facilities for river flow or groundwater, drainage systems, or building similar artificial structures or facilities incidental to agriculture, forestry, livestock industry, or fisheries;

7. Felling trees or collecting soil or rocks;

8. Installing or piling bulky goods;

9. Constructing other buildings, artificial structures, and facilities, or changing the form and quality of land of the type and scale prescribed by Provincial Ordinance.

(3) Article 355 (2) and (4) shall apply mutatis mutandis to relative conservation zones.

Article 357(Designation of Controlled Conservation Zones) #

(1) The Governor may designate an area necessary for conserving the groundwater resources, ecosystem, and landscape as a controlled conservation zone, among areas, other than Mt. Halla National Park, urban areas referred to in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, and islands within the territory of Jeju Self-Governing Province.

(2) Controlled conservation zones designated under paragraph (1) (hereinafter referred to as "controlled conservation zones") shall be categorized into a groundwater resource conservation zone, an ecosystem conservation zone, and a landscape conservation zone (hereinafter referred to as "conservation zone") based on their environmental features; conservation zones may be further graded, such as first grade and second grade. In such cases, the criteria for designating, and standards for grading conservation zones shall be prescribed by Provincial Ordinance.

(3) In designating a controlled conservation zone under paragraph (1), the Governor shall survey the following matters: <Amended on Jul. 11, 2023>

1. Groundwater resource conservation zones:

(a) Permeable elements of geological structures, such as respiratory caves, lave caves, and depression ground;

(b) Soil elements, such as pollution index of soil;

2. Ecosystem conservation zones:

(a) Vegetation elements, such as communities of rare, endangered, indigenous, and native plants, and natural forests;

(b) Animal elements in habitats, such as habitats of rare, endangered, and natural monumental animals, and forest areas;

3. Landscape conservation zones: Elements of scenic beauty, such as Oreum, rivers, hills, and the sides of main roads.

(4) The Governor shall obtain consent from the Provincial Council to designate a controlled conservation zone under paragraph (1).

(5) The Governor shall publicly notify the designation of a controlled conservation zone without delay, as prescribed by Provincial Ordinance, whenever such designation is made under paragraph (1).

(6) Paragraphs (3) through (5) shall apply mutatis mutandis to the alteration and cancellation of a controlled conservation zone. <Amended on Jul. 11, 2023>

(7) Notwithstanding paragraph (6), where a controlled conservation zone is incorporated into the Mt. Halla National Park or an urban area under subparagraph 1 of Article 6 of the National Land Planning Utilization Act, the designation of the relevant area as a controlled conservation zone shall be cancelled; in such cases, the relevant area shall be deemed designated as a conservation zone according to the following classifications: <Newly Inserted on Jul. 11, 2023>

1. Where the relevant area is incorporated into the Mt. Halla National Park: An absolute conservation zone;

2. Where a Grade I area by conservation zone is incorporated into an urban area: An absolute conservation zone;

3. Where a Grade II area by conservation zone is incorporated into an urban area: A relative conservation zone.

(8) The Governor shall publicly notify the details of the cancellation and the change of designation under paragraph (7), as prescribed by Provincial Ordinance. <Newly Inserted on Jul. 11, 2023>

(9) Notwithstanding Article 34 of the Natural Environment Conservation Act, Jeju Self-Governing Province shall utilize the controlled conservation zones designated under paragraphs (1) through (3) in formulating or implementing a land utilization and development plan: Provided, That an ecosystem and nature map prepared under Article 34 of the Natural Environment Conservation Act, may be utilized for developing the ecological research in Jeju Self-Governing Province. <Amended on Jul. 11, 2023>

Article 358(Restrictions on Activities in Controlled Conservation Zones) #

(1) The following activities may be restricted in a controlled conservation zone. In such cases, details of the restricted activities in each conservation zone, by grade, shall be prescribed by Provincial Ordinance:

1. The following activities within a groundwater resource conservation zone:

(a) Installing a waste water discharging facility;

(b) Installing a waste treatment facility;

(d) Installing a facility discharging livestock excreta;

(e) Changing the form and quality of land;

2. Destroying a forest and/or changing the form and quality of land in an ecosystem conservation zone;

3. Constructing a building, installing an artificial structure or other facility, and/or changing the form and quality of land in a landscape conservation zone.

(2) Paragraph (1) shall not apply to any of the following activities:

1. Remodeling a building or facility existing as at the time of designation of the relevant controlled conservation zone or extending such building or facility for the same purpose (limited to extension by up to twice the total area of an existing building);

2. Implementing a project already in progress (including a project for which authorization, permission, etc. has been applied) with authorization, permission, etc. under relevant statues as at the time of designation of the relevant controlled conservation zone (including designation of a grade);

3. Activities falling under any subparagraph of Article 355 (3);

4. Implementing a forest management plan or a forest afforestation or cultivation project, pursuant to the Creation and Management of Forest Resources Act;

5. Constructing a detached house, warehouse, barn (limited to facilities smaller than those subject to reporting for installation of facilities discharging livestock excreta), fruit grading place, and other similar facilities in a village area provided for in the National Land Planning and Utilization Act;

6. Installing facilities to repair or improve protective facilities without producing new pollutants or increasing the quantity of sewage or waste water among the facilities referred to in paragraph (1) 1 (a) through (d), already installed as at the time this Act enters into force;

7. Installing other public facilities prescribed by Provincial Ordinance, essential to be placed within the controlled conservation zone.

(3) Where a facility to be established in a controlled conservation zone under this Act or the ordinances under this Act, is a facility releasing sewage or waste water or a waste treatment facility, such facility shall be equipped with a treatment facility to keep the quality of water released from the relevant facility below the quality standards for waste water, as prescribed by Provincial Ordinance.

Article 362(Claims for Purchasing Land) #

(1) A land owner whose land is categorized as a building site (including buildings and fixtures on the relevant land; hereafter in this Article, the same shall apply) among the following land and cannot be used for its original purpose due to the designation as either of the following zones, may file a request with the Governor for purchase of the relevant land, as prescribed by Provincial Ordinance:

1. Land determined by Provincial Ordinance among land in a controlled conservation zone;

2. Land in an absolute conservation zone designated in an urban area under the National Land Planning and Utilization Act.

(2) Where necessary to achieve the objectives of the designation of absolute conservation zones and controlled conservation zones, the Governor may purchase the land under the subparagraphs of paragraph (1) following consultation with the owners within the budget. <Newly Inserted on Dec. 10, 2019>

(3) The Governor shall pay the price in cash when purchasing a plot of land under paragraph (2) or (7): Provided, That the price may be paid by issuing bonds under Article 139 of the Local Autonomy Act (hereafter in this Article, referred to as "conservation zone bonds"), in any of the following circumstances: <Amended on Dec. 10, 2019; Jan. 12, 2021>

1. Where the land owner prefers bonds;

2. Where the purchase price for the land owned by a non-resident or the land for non-business use exceeds a certain amount prescribed by Provincial Ordinance and such excess is paid.

(4) The repayment term of the conservation zone bonds shall not exceed ten years, and the annual interest rate shall be at least the average interest rate for one-year term deposit applied by banks conducting business nationwide among banks authorized under the Banking Act as at the time of issuing the bonds, and the specific repayment term and interest rate shall be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019>

(5) Except as otherwise expressly provided for in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the purchase price and procedures for purchase of the land purchased under paragraph (2) or (7). <Amended on Dec. 10, 2019>

(6) Except as provided in this Act, procedures for issuing conservation zone bonds, and other necessary matters, shall be governed by the Local Finance Act. <Amended on Dec. 10, 2019>

(7) The Governor shall purchase the land for which a request for purchase has been filed under paragraph (1), within four years after receipt of the request. <Amended on Dec. 10, 2019>

[Title Amended on Dec. 10, 2019]

Article 363(Special Cases concerning Strategic Environmental Impact Assessment) #

(1) Notwithstanding Article 16 or 44 of the Environmental Impact Assessment Act, anyone, other than the head of a central administrative agency, the Governor, a local public enterprise established by Jeju Self-Governing Province under the Local Pubic Enterprises Act, who implements a plan or project among master development plans subject to strategic environmental impact assessment under Article 9 of that Act or projects subject to small scale environmental impact assessment under Article 43 of that Act, shall request consultation with the Governor concerning the strategic environmental impact assessment or small-scale environmental impact assessment. <Amended on Dec. 10, 2019>

(2) In holding consultations concerning the strategic environmental impact assessment or small-scale environmental impact assessment under paragraph (1), the Governor shall seek and reflect the opinion of an institution specialized in environmental impact assessment under Article 364 (3), to the fullest extent possible.

(3) When the Governor consults on strategic environmental impact assessment under paragraph (1), he or she shall seek review and advice from an Advisory Committee on Strategic Environmental Impact Assessment for Jeju Self-Governing Province (hereafter in this Article, referred to as the "Advisory Committee"), in addition to undergoing the procedures under paragraph (2). <Newly Inserted on Dec. 10, 2019>

(4) Matters necessary for the composition and operation of the Advisory Committee shall be prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019>

(5) The authority of the Minister of Environment bestowed under Articles 16 through 19 and 21 of the Environmental Impact Assessment Act with respect to matters for which consultation is requested with the Governor pursuant to paragraph (1), shall become the Governor's inherent authority. <Newly Inserted on Dec. 10, 2019>

(6) Notwithstanding Article 148 (1) 8 of this Act or Article 50 of the Environmental Impact Assessment Act, a strategic environmental impact assessment shall be conducted with regard to a master development plan subject to strategic environmental impact assessment under paragraph (1). <Newly Inserted on Dec. 10, 2019>

Article 364(Special Cases concerning Consultation, etc. for Environmental Impact Assessment) #

(1) Notwithstanding Article 27 of the Environmental Impact Assessment Act, an business entity referred to in Article 22 of that Act, shall request consultation with the Governor concerning the environmental impact assessment report prepared pursuant to Article 27 of that Act: Provided, That the Governor shall seek and reflect the opinion of the Minister of Environment on the environmental impact assessment report to the fullest extent possible, if the project implementer is the head of a central administrative agency, the Governor, or a local public enterprise established by Jeju Self-Governing Province under the Local Public Enterprises Act. <Amended on Dec. 10, 2019>

(2) The Governor shall seek the opinion of an institution specialized in environmental impact assessment concerning the project, other than a project subject to the opinion of the Minister of Environment under the proviso of paragraph (1) in examining the assessment report submitted for the consultation under paragraph (1), and shall organize the Jeju Self-Governing Province Deliberative Committee on Environmental Impact Assessment (hereinafter referred to as the "Deliberative Committee on Impact Assessment") for deliberation on such assessment report.

(3) Institutions specialized in environmental impact assessment under paragraph (2) shall have good expertise to examine the items of assessment under Article 7 of the Environmental Impact Assessment Act, and the Governor shall designate and publicly announce institutions specialized in environmental impact assessment after consulting with the Minister of Environment.

(4) Matters necessary for the organization and management of the Deliberative Committee on Impact Assessment under paragraph (2), shall be prescribed by Provincial Ordinance.

(5) Matters necessary for managing and supervising the conclusions from consultation pursuant to Articles 39 and 40 of the Environmental Impact Assessment Act, regarding the projects for which consultation is conducted pursuant to the main clause of paragraph (1), shall be prescribed by Provincial Ordinance,: Provided, That consultation shall be conducted with the Minister of Environment when matters necessary for managing and supervising the projects that require the opinion of the Minister of Environment are determined, and the Minister of Environment shall annually verify whether the conclusions from consultation have been implemented pursuant to Articles 39 and 40 of the Environmental Impact Assessment Act and may take necessary measures for the management of implementation if such conclusions from consultation have not been implemented. <Amended on Dec. 10, 2019>

(6) The Governor may designate a manager related to Article 35 (3) of the Environmental Impact Assessment Act as a professional engineer or engineer in the occupational field of environment among the occupational fields of national technical qualification defined in subparagraph 3 of Article 2 of the National Technical Qualifications Act.

(7) Notwithstanding the proviso of Article 42 (1) of the Environmental Impact Assessment Act, Jeju Self-Governing Province may conduct an environmental impact assessment with regard to a project subject to mini environmental impact assessment under Article 43 of that Act, as prescribed by Provincial Ordinance: Provided, That the same shall not apply to projects subject to mini environmental impact assessment implemented by the head of a central administrative agency, the Governor, or a local public enterprise established by Jeju Self-Governing Province under the Local Public Enterprises Act. <Newly Inserted on Dec. 10, 2019>

(8) Where an environmental impact assessment is conducted under the main clause of paragraph (7), sectors subject to and specific items of environmental impact assessment, procedures for preparing environmental impact assessment reports, gathering opinions thereon, conducting consultations on environmental impact assessment reports, and managing the conclusions from consultations, and other necessary matters shall be prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019>

(9) The authority of the Minister of Oceans and Fisheries bestowed under Articles 34 (2) and (3), 36, 37, 39, and 40 of the Environmental Impact Assessment Act shall become the Governor's inherent authority: Provided, That such authority shall be limited to the authority over the following projects: <Amended on Dec. 10, 2019; Jan. 29, 2020>

1. A harbor development project implemented by the Minister of Oceans and Fisheries under Article 9 (1) of the Harbor Act;

2. A harbor development project implemented by a non-management authority with permission for implementation and approval of a harbor development project implementation plan under Articles 9 (2) and 10 (2) of the Harbor Act;

3. Development of an industrial complex regarding a harbor construction project, the implementation plan of which is approved under Article 17 or 18 of the Industrial Sites and Development Act.

(10) The authority of the Minister of Environment under Articles 8, 24, 28 through 35, 36 (1), (2), and (5), 37, 38, 40, 40-2, 41, 51, 52, 66, and 76 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Environmental Impact Assessment Act, shall become the Governor's inherent authority, and the authority of the President of Korea Environment Institute bestowed under Article 41 (1) and (2) of that Act, shall become the authority of the head of the institution specializing in environmental impact assessment bestowed under paragraph (3). <Amended on Dec. 10, 2019; Aug. 17, 2021; Jul. 11, 2023>

(11) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Article 8 (1) 5, 8 (3), 24 (4), the former part of Article 29 (1), Articles 31 (2) and (4), the subparagraphs of Article 32 (1), 33 (3), and 35 (2) and (3), the provision, with the exception of the subparagraphs, of Article 37, Articles 38 (2), 51 (4), 66 (3), and 76 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Environmental Impact Assessment Act may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Jul. 11, 2023>

Article 371(Special Cases concerning Conservation of Water Environment) #

(1) The authority of the Minister of Environment bestowed under Articles 12 (1) and (2), 17 (4), 20 (2), 32 (2), (5), and (8), 33, 34, 35 (3), 37 (1), (3), and (4), 39, 40, 42 (limited to orders for revocation or for suspension of operation with respect to devolved authority), 43 (1) through (3) (limited to the disposition of penalty surcharges with respect to devolved authority), 44, 45 (limited to the receipt or confirmation of reports on compliance with orders, issued under devolved authority), 53 (1), (7), and (8), 60 (1) and (5) through (7) (limited to matters provided for in Article 44 of that Act), 61 (2), 62 (1), 64 (limited to orders to cancel registration or to suspend operation, issued under devolved authority), 66 (1) and (2) (limited to the disposition for penalty surcharges with respect to devolved authority), 68 (1) and (2) (limited to reporting, inspections, etc. with respect to devolved authority), 72 (limited to hearings with respect to devolved authority), 73, and 82 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Water Environment Conservation Act, shall become the Governor's inherent authority. <Amended on Oct. 16, 2018>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 12 (3) and 13, the provision, with the exception of the subparagraphs, of Article 17 (1), Articles 17 (2) 7 and (4), 18 (2), 19 (2), and 19-3 (2) and (5), the former part of Article 20 (1), the former part of Article 20 (2), Article 32 (1), the main clause of Article 33 (1), the main clause of and proviso of Article 33 (2), Articles 33 (3), (6), (8), (9), and (11) 3, and 34 (1), the proviso of Article 35 (1), Article 35 (2) and (6), the former and latter parts of Article 37 (1), the former and latter parts of Article 37 (2), Articles 37 (3) (limited to matters related to the period in cases falling under paragraph (3)), 38 (3), 39, 45 (2), and 47 (1) and (5), the former and latter parts, with the exception of the subparagraphs, of Article 53 (1), Article 53 (5) 1 through 3 and (2), the main clause, with the exception of the subparagraphs, of Article 53 (5), Articles 53 (5) 1, (6) 2 and 3, (7), (8), and (10), and 59 (1) and (2), the former part of Article 60 (1), Article 60 (2) and (3), the main clause of Article 61 (1), Article 61 (2), the former and latter parts of Article 62 (1), Articles 62 (2) 5, 67 (1) (limited to education provided by the Governor), and 71 (limited to criteria for administrative dispositions with respect to the Governor's authority), the provision, with the exception of the subparagraphs, of Article 73 (limited to fees collected under the Governor's authority), and Article 82 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Water Environment Conservation Act, may be prescribed by Provincial Ordinance. <Amended on Oct. 16, 2018; Jul. 11, 2023>

(3) Where the Governor imposes and collects penalty surcharges under Articles 43 and 66 of the Water Environment Conservation Act pursuant to paragraph (1), the Minister of Environment shall pay to Jeju Self-Governing Province, expenses incurred in imposing and collecting such penalty surcharges by applying Article 41 (7) of that Act mutatis mutandis.

[This Article Wholly Amended on Jan. 17, 2017]

Article 372(Special Cases concerning Management of Sewage Treatment Facilities) #

(1) The authority of the Minister of Environment bestowed under Articles 25 (2) (limited to public sewage treatment facilities and excreta treatment facilities), 67 (1) through (3), and 80 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Sewerage Act, shall become the Governor's inherent authority.

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under the main clause, with the exception of the subparagraphs, of Article 7 (1), the proviso of Article 8 (2), Articles 8 (7) and 9 (3), the former part of Article 11 (2), Article 15 (1), the proviso of Article 16 (1), Articles 16 (2) and 19 (1), the provision, with the exception of the subparagraphs, of Article 19 (2), Article 19 (4), the provision, with the exception of the subparagraphs, of Article 23 (1), Articles 24, 25 (1) 3, and 27 (3), the latter part, with the exception of the subparagraphs, of Article 28, subparagraph 3 of Article 28, Article 34 (1) 3 and 4, the former part of Article 34 (2), Article 34 (4) and (5), the main clause of and proviso of Article 35 (1), Articles 36 (1), 37 (3), and 39 (2) through (4), the former part of Article 39 (7), the proviso of Article 39 (12), Articles 40 (1), (2), and (4), 41 (2) and (5), and 43 (1), the main clause of Article 44 (1), Articles 44 (2), (4), and (5), 45 (1), (2), (5), and (7), 47 (2), 49 (2), 50 (3) (limited to matters prescribed in Article 50 (2)), and 56 (limited to excreta collection and transportation business entities), the latter part of Article 65 (1), the main clause of Article 66 (1), Articles 67 (4) and 69 (4) (limited to identification concerning matters falling under the Governor's authority), and the provision, with the exception of the subparagraphs, of Article 70 (limited to fees collected under the Governor's authority) of the Sewerage Act and the main clause, with the exception of the subparagraphs, of Article 9 (1), Articles 9 (1) 7 and (5), and 10 (3) of the Act on Promotion and Support of Water Reuse may be prescribed by Provincial Ordinance. <Amended on Jan. 5, 2021; Dec. 13, 2022>

Article 376(Special Cases concerning Installation of Waste Disposal Facilities) #

(1) Where a person intends to develop, establish, or extend a tourist resort or tourism complex pursuant to Article 5 (2) of the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act within Jeju Self-Governing Province, the Governor may impose an amount equivalent to expenses incurred in installing a facility to dispose of wastes prescribed by Presidential Decree (hereafter the same shall apply in this Article) among those generated from the tourist resorts, etc., on him or her. In such cases, wastes generated from the tourist resorts, etc. shall be disposed of at treatment facilities (hereinafter referred to as "public disposal facility") installed by Jeju Self-Governing Province.

(2) The authority of the Minister of Environment bestowed under Article 5 (3) of the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act, shall become the Governor's inherent authority.

(3) Matters to be prescribed by Presidential Decree under Article 5 (3) of the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act, may be prescribed by Provincial Ordinance.

(4) The Governor shall use amounts received under the former part of paragraph (1), for the installation of the public disposal facility.

(5) When a person obligated to pay an amount equivalent to expenses incurred in installing a waste disposal facility under the former part of paragraph (1), fails to pay such amount by the due date, the Governor collect such amount in the same manner as delinquent local taxes are collected.

(6) Matters necessary for the methods for calculating the amount payable, that is equivalent to expenses incurred in installing a waste disposal facility under the former part of paragraph (1), procedures for payment, and the standards and unit price for disposal of wastes in the public disposal facility, shall be prescribed by Provincial Ordinance.

Article 380(Restriction on or Revocation of Permission for Development and Utilization of Groundwater) #

(1) The Governor shall not grant permission under Article 379 (1) for proper conservation and management of groundwater, in any of the following cases:

1. Where it is intended to produce and sell drinking spring water defined in subparagraph 3 of Article 3 of the Drinking Water Management Act;

2. Where it is intended to produce and sell saline drinking groundwater defined in subparagraph 3-3 of Article 3 of the Drinking Water Management Act;

3. Where it is intended to produce and sell soft drinks, liquor, etc. with a groundwater content-ratio of at least 98 percent;

4. Where a special control area for groundwater resources has been designated under Article 382;

5. Except as otherwise expressly provided for in subparagraphs 1 through 4, cases prescribed by Provincial Ordinance to prevent the pollution and excessive development of groundwater.

(2) The Governor may grant permission for development and utilization of groundwater under Article 379 (1), to the extent the conservation and management of groundwater may not be hindered, notwithstanding paragraph (1), in any of the following cases:

1. Where a local public enterprise established by Jeju Self-Governing Province pursuant to the Local Public Enterprises Act intends to perform activities falling under paragraph (1) 1 through 3;

2. Where it is intended to perform activities falling under paragraph (1) 3, using saline groundwater defined in subparagraph 3-2 of Article 3 of the Drinking Water Management Act in an area designated and publicly announced by the Governor;

3. Cases prescribed by Provincial Ordinance as those for supplying water for water supply service, developing public groundwater for agriculture necessary to ease droughts, etc.

(3) If a person who has obtained permission to develop and utilize groundwater, spring water, or saline groundwater or permission for revision thereof or permission for excavation that affects groundwater or permission for revision thereof under Article 379 (1) or (2) falls under any of the following cases, the Governor may cancel such permission: Provided, That the permission shall be cancelled in cases falling under subparagraph 1, or Article 10 (1) 1, 7, or 8 of the Groundwater Act: <Amended on Jul. 11, 2023>

1. If the business permission is cancelled under Article 48 (1) of the Drinking Water Management Act;

2. If he or she falls under any subparagraph of Article 10 (1) of the Groundwater Act.

Article 388(Establishment of Special Account for Management of Groundwater) #

(1) The Governor may establish a special account for management of groundwater with the following revenue sources to raise funds required for projects to properly develop, utilize, conserve, and manage groundwater. In such cases, Article 30-2 of the Groundwater Act shall not apply:

1. Price for raw groundwater referred to in Article 387;

2. Funds transferred from general accounts and other special accounts;

3. Borrowed funds;

4. Profits accrued from the management of funds referred to in subparagraphs 1 and 2;

5. Performance bonds deposited under paragraph (2);

6. Administrative fines collected under Article 480 (1) 2 and 3, and (2) 3 and 4;

7. Administrative fines collected under Articles 39 and 40 of the Groundwater Act.

(2) If the performance bond deposited under Article 14 of the Groundwater Act is in cash, it shall be deposited in the special account for management of groundwater.

(3) The special account for management of groundwater established under paragraph (1) shall be used for the following purposes: <Amended on Jul. 11, 2023>

1. Basic surveys of groundwater;

2. Formulation and implementation of integrated water management master plans;

3. Designation and management of special control areas for groundwater resources;

4. Reinstatement of tubular groundwater wells;

5. Purification of polluted groundwater;

6. Installation and operation of groundwater monitoring networks, and surveys on the status of the utilization of groundwater;

7. Repayment of borrowings under paragraph (1) 3;

8. Return of the performance bond deposited under paragraph (1) 5;

9. Other purposes prescribed by Provincial Ordinance for projects necessary for conserving and managing groundwater, such as development of alternative water resources.

(4) Matters necessary for the budget compilation, financial settlement, and management of the special account for management of groundwater established under paragraph (1), shall be prescribed by Provincial Ordinance.

Article 395(Special Cases concerning Employment Security) #

(1) Notwithstanding Article 11 of the Framework Act on Employment Policy and subparagraph 1 of Article 2-2 of the Employment Security Act, employment security offices shall be established and operated under the jurisdiction of the Governor for conducting employment security affairs, such as job placement and vocational guidance.

(2) Notwithstanding Article 4-4 of the Employment Security Act, the Governor may post vocational guidance counselors, other than public officials, to take charge of affairs, such as job placement, vocational guidance, and provision of employment information at employment security offices established under paragraph (1). In such cases, guidelines for placement of such vocational counselors and other necessary matters, shall be prescribed by Provincial Ordinance.

(3) The authority of the Minister of Employment and Labor bestowed under Articles 4-4 (1), 6 (2) and (3), 14 (2), 18 (1) (limited to overseas free job placement services), 19 (1) (limited to overseas fee-charging job placement services), 23 (1), 30 (1), 33 (1), (2), and (4), 35, 36 (1) and (2), 36-2 (2) and (3), 36-3, 37 (1) (excluding measures against domestic free or fee-charging job replacement services), 40-2 (1), 41 (1) through (3) and (5), 41-2, and 50 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Employment Security Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor.

(4) The authority of the head of an employment security office bestowed under Articles 8 through 10, 14 (1), and 15 through 17 of the Employment Security Act, shall become the Governor's inherent authority.

(5) Matters to be prescribed by Ordinance of the Ministry of Employment and Labor under Articles 4-4 (2) and 45-3 (2) of the Employment Security Act, may be prescribed by Provincial Ordinance.

Article 402(Special Cases concerning Industrial Accident Compensation Insurance) #

(1) The authority of the Minister of Employment and Labor bestowed under Articles 92 (2) and 129 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Industrial Accident Compensation Insurance Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor.

(2) The authority of the Minister of Employment and Labor bestowed under Articles 28 (1), 29, and 50 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor.

(3) The authority of the Minister of Employment and Labor under Articles 20 (limited to projects to support job creation, such as support for job sharing, permanent part-time employment, types of business with good prospects for growth, specialized regional industries, reshoring enterprises, employment of professional human resources, intergenerational win-win employment, and improvement of employment conditions, employment of the aged and the middle-aged (referring to the aged and the middle-aged defined, respectively, in subparagraphs 1 and 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion), 21 through 23 (limited to the authority regarding provision of subsidies for employee retention, subsidies for extension of employment of seniors, subsidies for employment of seniors aged 60 years or older, subsidies for reduction of wages in a business or a place of business which sets the retirement age at 60 or more, subsidies for reduction of working hours, incentives for employment security during the period of childbirth and child care, and incentives for promotion of employment), 24 (limited to the authority regarding provision of subsidies for employment security of construction workers), 25 (1) (limited to support for employment security and employment support services, such as subsidies for conversion into full-time employment, subsidies for conversion into permanent part-time employment, and subsidies for the improvement of employment conditions to assist work-family balance), 26 (limited to the subsidization of operating expenses for nurseries at a workplace, employment support projects for universities, and employment support projects for high schools in the field of technology), 29 (1) (limited to the subsidization of expenses incurred in training for developing workers' vocational abilities), 31 (limited to the instruction and supervision of consortium projects by small and medium enterprises and training projects for occupations selected with priority), 33 (limited to the authority regarding supplying employment information, building foundations to support employment, etc.: Provided, That the operation of computer networks regarding the building of foundation for employment stabilization and vocational ability development; projects for placement of specialists; collection and analysis of employment information and supply thereof to employment security offices; research, development, and diffusion of techniques regarding vocational guidance, such as consultation on vocation and training; evaluation of and support for supplying employment information, vocational guidance, and job placement; and employment insurance projects), 35, 53, 70, 73-2 (1), 75, 76-2 (1), 77-4 (1), 77-9 (1), and 108 (limited to cases necessary to conduct business of devolved authority), 109 (if necessary to conduct business affairs regarding devolved authority), 110 (if necessary to conduct business affairs regarding devolved authority), 112 (1), and 118 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Employment Insurance Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. <Amended on Dec. 10, 2019; Jul. 13, 2021; Jul. 11, 2023>

(4) The authority of the head of an employment security office bestowed under Articles 43 (1), (2) and (4), 44, 47, 51 (1) and (2), 52 (1), 56 (2), 57 (2), 58, 60 (1) through (3), 61 through 64, 65 (1) and (2), 66 (1), 67 (1), 68, 69, 73, 74, 77, the proviso of Article 77-3 (1) 3, Articles 77-3 (8), 77-5 (2) and (3), the proviso of Article 77-8 (1) 3, Articles 77-8 (8), 77-10 (2) and (3), 93 (3), 97 (2), 98, 103, and 111 of the Employment Insurance Act, shall become the Governor's authority. <Amended on Dec. 10, 2019; Jul. 13, 2021; Jul. 11, 2023>

Article 405(Special Cases concerning Transfer of Jeju Regional Labor Relations Commission) #

(1) Notwithstanding Articles 2 (2) and 4 (2) of the Labor Relations Commission Act, a Regional Labor Relations Commission shall be established under the jurisdiction of the Governor to take charge of cases provided for in Article 3 (2), (4), and (5) of that Act. In such cases, the Governor shall have overall control over the budget, personnel management, education, training, and other administrative affairs of the Regional Labor Relations Commission; and shall direct and supervise the public officials under his or her jurisdiction.

(2) The name and location of the Regional Labor Relations Commission established under paragraph (1) shall be prescribed by Provincial Ordinance.

(3) A secretariat shall be established to conduct the administrative affairs of the Regional Labor Relations Commission under paragraph (1), and matters necessary in relation to the organization and management of the secretariat shall be prescribed by Provincial Ordinance.

(4) Notwithstanding Article 6 (3) and (4) of the Labor Relations Commission Act, workers' members, employers' members, and public interest members of the Regional Labor Relations Commission shall be commissioned by the Governor; however, workers' members and employers' members shall be commissioned on the nomination of the chairperson of the Regional Labor Relations Commission from among those recommended by labor unions, and employers' organizations, respectively; while public interest members shall be commissioned on the nomination of the chairperson of the Regional Labor Relations Commission from among the candidate public interest members intended for commissioning, who become such candidate public officials for commissioning by being next in order by labor unions and employers' organizations from among those recommended by the chairperson of the Regional Labor Relations Commission, labor unions, and employers' organizations, respectively, and notwithstanding Article 9 (2) of that Act, the chairperson of the Regional Labor Relations Commission established under paragraph (1) shall be appointed by the Governor, from among at least two candidates recommended by the Chairperson of the Central Labor Relations Commission. <Amended on Dec. 10, 2019>

(5) Notwithstanding Article 11 (1) of the Labor Relations Commission Act, the standing members of the Regional Labor Relations Commission established under paragraph (1) shall be appointed by the Governor, upon recommendation by the chairperson of the Central Labor Relations Commission from among those qualified as members representing public interest under Article 8 of that Act.

(6) The authority of the chairperson of the National Labor Relation Commission bestowed under Article 14-3 (2) and (4) of the Labor Relations Commission Act, shall become the authority of the chairperson of a Regional Labor Relation Commission.

(7) Except as otherwise expressly provided for in this Act, the relevant provisions of the Labor Relations Commission Act, and other labor-related statutes shall apply mutatis mutandis to the Regional Labor Relations Commission established under the jurisdiction of the Governor pursuant to paragraph (1).

Article 406(Special Cases concerning Planning and Utilization of National Land) #

(1) The Governor may determine an urban and Gun management plan about the designation or change of a special-purpose area, other than special-purpose areas designated under Article 37 of the National Land Planning and Utilization Act, by prescribing the title of the special-purpose area and the purpose of designation, the prohibition and restriction on building works or other activities, and limitations on the usable area of land through development projects, as prescribed by Provincial Ordinance, if necessary considering local circumstances.

(2) Notwithstanding Articles 43 (2), 77, and 78 of the National Land Planning and Utilization Act, matters concerning the guidelines for the determination, structure, and installation, and the building-to-land ratio, floor area ratio, etc., of amusement facilities (including amusement and recreation facilities to be installed for the improvement of residents' welfare and conveniences and tourist facilities to be installed for the tourism and recreation of tourists) among urban and Gun planning facilities to be established in Jeju Self-Governing Province, may be prescribed by Provincial Ordinance: Provided, That no area for tourist accommodation shall exceed 30/100 of the total area. <Amended on May 29, 2016>

(3) The authority of the Minister of Land, Infrastructure and Transport and the heads of the relevant administrative agencies bestowed under Articles 10, 16 (2) (limited to consultation), 29 (2) (limited to subparagraph 4), 49 (2), 67 (5), 68 (3), and 70 (3) of the National Land Planning and Utilization Act, shall become the Governor's inherent authority. <Amended on Jan. 19, 2016>

(4) Notwithstanding Articles 8 (2), 16, and 30 (2) of the National Land Planning and Utilization Act, and paragraph (2) of the Addenda to the partially amended National Land Planning and Utilization Act (Act No. 7470), the Governor may designate or change a district, etc., formulate or amend a metropolitan urban plan, amend or determine on an urban and Gun management plan, or formulate an initial master urban and Gun plan without approval from, or consultation with, the Minister of Land, Infrastructure and Transport.

(5) For the purposes of paragraphs (3) and (4), "central urban planning committee" in Articles 8 (5), 10 (3), 16 (2), and 30 (3) of the National Land Planning and Utilization Act, shall be construed as "local urban planning committee."

(6) Where the Governor intends to permit, authorize, approve, or determine a plan which includes provisions concerning the legal fiction of determination of an urban and Gun management plan concerning the designation or change of a special-purpose area, zone, or district under the National Land Planning and Utilization Act by any other Act, he or she shall undergo deliberation by the local urban planning committee under Article 113 of that Act, notwithstanding Article 9 of that Act.

(7) Notwithstanding Article 59 (1) of the National Land Planning and Utilization Act, where the Governor intends to permit any activity specified in that paragraph under that Act, or intends to grant authorization, permission, approval, or to consult under any other Act, he or she shall undergo deliberation by the local urban planning committee under Article 113 of that Act.

(8) Notwithstanding Article 34 of the National Land Planning and Utilization Act, the Governor shall comprehensively review and adjust an urban and Gu management plan at intervals prescribed by Provincial Ordinance during the review period specified in that Article.

(9) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 8 (2) and (4) 4, the proviso of Article 30 (3), the proviso of Article 31 (2), the main clause of Article 39 (1), the proviso of Article 43 (1), Articles 49 (2), 51 (1) 10, (2) 2, and (3) 1 and 2, and 52 (1) 1, 2, and 8, (2), and (3), the provision, with the exception of the subparagraphs, of Article 56 (1), the proviso of Article 56 (2), Articles 56 (4) 3, 57 (2) and (4), 58 (1) 1 and (3), and 59 (1) (limited to activities prescribed by Presidential Decree) and (2) 6, the former part of Article 59 (3), the main clause, with the exception of the subparagraphs, of Article 60 (1), Article 60 (2), the main clause of Article 62 (1), Article 67 (1) 3, (2), (4), and (5), the proviso of Article 68 (2), Articles 68 (3), (4) 2, (6) 2, and (7), and 69 (1) and (5), the proviso of Article 70 (2), Articles 70 (3) and 76 (1), (2), and (5) 1, the provisions, with the exception of the subparagraphs, of Article 77 (1), Article 77 (2), the provision, with the exception of the subparagraphs, of Article 77 (3), the provision, with the exception of the subparagraphs, of Article 77 (4), the provision, with the exception of the subparagraphs, of Article 78 (1), Articles 78 (2) through (5), 81 (1), (2) 1 through 3, and (6), and 85 (1), the proviso of Article 85 (5), Article 88 (1) and (2), the proviso of Article 88 (4), Articles 88 (5), 98 (1), and 113 (1) 4, (2) 4, and (3), the main clause of and proviso of Article 113-2, and Articles 113-3 (1) 4 and 114 (2) of the National Land Planning and Utilization Act, may be prescribed by Provincial Ordinance. <Amended on Jan. 19, 2016>

Article 408(Special Cases concerning Building) #

(1) The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 15 (3), 23 (2) and (4), 25 (8) and (9), 69 (1), 71 (1) through (5) and (8), 72 (6) and (7), 77 (1) and (2), and 87 (1) of the Building Act, shall become the Governor's inherent authority. <Amended on Dec. 10, 2019>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 4 (5), 5 (1), 6, 8, 12 (1), and 13 (2), the provision, with the exception of the subparagraphs, of Article 14 (1), and Article 14 (1) 4 and 5, the main clause of and proviso of Article 16 (1), Articles 16 (2) and 17 (2), the main clause of and proviso of Article 19 (3), the provision, with the exception of the subparagraphs, of Article 19 (4), Articles 19 (6) and 20 (2) 3, (3), and (5), the main clause, with the exception of the subparagraphs, of Article 22 (2), Articles 22 (3) 2, 23 (1) 3 and (4), and 24 (5), the former part of Article 25 (1), Articles 25 (4) through (6) and (8), 26, 27 (1) through (3), 28 (1), 29 (1), 34, 37 (1) and (2), 40 (4), and 41 (1), the proviso of Article 42 (1), the main clause, with the exception of the subparagraphs, of Article 43 (1), Articles 43 (2) and 44 (1) 2 and (2), the main clause, with the exception of the subparagraphs, of Article 45 (1), Article 45 (3), the proviso of Article 46 (1), Article 46 (2), the main clause of Article 54 (1), Articles 57 (1), 58, and 59 (1) 1 and 2, and (2), the main clause of and proviso of Article 60 (1), Articles 61 (1), the provision, with the exception of the subparagraphs, of Article 61 (2), the provision, with the exception of the subparagraphs,, with the exception of the subparagraphs, of Article 61 (3), Articles 61 (3) 8 and 62, the former and latter parts of Article 64 (1), the main clause of and proviso of Article 64 (2), Article 69 (1) 1 (b) and 2 (b) and (c), subparagraphs 2 and 3 of Article 70, the latter part of Article 71 (1) 4, the latter part of Article 71 (1) 6, Article 71 (1) 7 and (5), the latter part of Article 71 (7), the latter part of Article 72 (1), the former part of Article 72 (5), Article 72 (7), the latter part of Article 72 (8), Article 73 (1) 2 and (3), the former and latter parts of Article 75 (2), Article 78 (4), the proviso of Article 79 (2), Article 79 (4), the proviso, with the exception of the subparagraphs, of Article 80 (1), and Articles 80 (1) 2, 83 (1) and (3), 85 (1) 5, 88 (1) 7, and 102 (2) of the Building Act, may be prescribed by Provincial Ordinance. <Amended on Apr. 30, 2019; Dec. 10, 2019>

(3) Notwithstanding the proviso of Article 60 (1) of the Building Act, the maximum height of a building for an area surrounded by roads, may be prescribed by Provincial Ordinance.

(4) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 15 (1) of the Act on the Management of Buildings (limited to the matters referred to in Article 12 (1) of that Act) and Article 30 (5) of that Act, may be prescribed by Provincial Ordinance. <Newly Inserted on Apr. 30, 2019>

Article 412(Special Cases concerning Road Management) #

(1) Notwithstanding Article 31 (1) of the Road Act, the Governor may inspect and design State-funded local highways. In such cases, the design of State-funded local highways shall be approved by the Minister of Land, Infrastructure and Transport.

(2) The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 25, 31 (1), 32 (1), 33 through 37, 39 (1), 40 (1), (2), and (4), 48, 52 (1), 55 through 57, 61, 62, 65, 66, 69, 70, 73, 76, 77, 82, 83, 89 through 91, 96 (excluding dispositions or measures taken against violators of Article 40 (3)), 97, 103, 106, 117 (4) (limited to the imposition and collection of administrative fines under devolved authority), and 118 of the Road Act, and related to general national highways among roads provided for in that Act, shall become the Governor's inherent authority.

(3) The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 5 and 9-3 (limited to a police officer assigned to special guard of important structures on general national highways) of the Registered Security Guard Act, shall become the Governor's inherent authority.

(4) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the main clause, with the exception of the subparagraphs, of Article 36 (1), Articles 36 (1) 3, 40 (2), 55 (2), and 61 (3), the former and latter parts of Article 62 (2), Article 66 (4), the provisions, with the exception of the subparagraphs, of Article 68, and subparagraph 3 of Article 68 of the Road Act may be prescribed by Provincial Ordinance. <Amended on Apr. 18, 2023>

(5) The designation of roads in the former Jeju-do as general national highways under Article 12 of the Road Act shall be cancelled; and the general national highways so cancelled shall be deemed designated as local highways by the Governor under Article 15 of that Act.

(6) Notwithstanding Article 21 of the Road Act, the Governor may approve or close the route of local highways, or reroute local highways. In such cases, the Governor shall notify the Minister of Land, Infrastructure and Transport of the results thereof.

(7) Notwithstanding the former part of Article 85 (1) of the Road Act, the State may subsidize expenses incurred in constructing, maintaining, or managing the following roads, if necessary:

1. Roads converted from general national highways to local highways under paragraph (5);

2. Local highways which meet the requirements referred to in Article 12 (1) of the Road Act.

(8) The Governor shall formulate plans for road construction and management that present directions of the construction or long-term maintenance, such as the maintenance and management, of roads referred to in subparagraphs of paragraph (7), in consultation with the Minister of Land, Infrastructure and Transport.

(9) Plans for road construction and management formulated under paragraph (8), shall be deemed plans for road construction and management formulated by the Minister of Land, Infrastructure and Transport under Article 6 of the Road Act.

Article 413(Special Cases concerning River Management) #

(1) The authority of the Minister of Environment bestowed under Articles 50 (1) through (3), 51 (1) and (2), 52 (2), (3), and (5), 53 (1) through (4), and 54 (2) of the River Act, shall become the Governor's inherent authority. <Amended on Jan. 17, 2017; Jun. 8, 2018; Dec. 31, 2020>

(2) The following authority of the Minister of Environment concerning national rivers bestowed under the River Act, shall become the Governor's inherent authority: <Amended on Jan. 17, 2017; Jun. 8, 2018; Dec. 10, 2019; Dec. 31, 2020>

1. Articles 5 (2), 6 (excluding where the project implementer is the head of a central administrative agency), 10, 12, 14, 15, and 27 (1) through (3), the main clause of Article 27 (5), Articles 27 (6) and (7), 28, 30, 32 (6), 33 (1) 2 (excluding multi-purpose dams), 3 (excluding multi-purpose dams and estuary dams), and 4, 36, 47, 48, 61 (1) and (2), 68 through 70, 74, 75, 78, 84, 85, 90, 91, and 98 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the River Act;

2. Formulating, amending, and publicly announcing master river plans under Article 25 of the River Act.

(3) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 5 (2), 6 (1), 12 (1) 2, and 27 (1) and (3), the provision, with the exception of the subparagraphs, of Article 27 (6), Articles 27 (7), 28 (3) and (4), and 30 (1), (4), and (5), the latter part of Article 30 (7), Article 30 (10), the former and latter parts, with the exception of the subparagraphs, of Article 33 (1), Article 33 (1) 6 and (4) 1 and 2, the proviso of Article 33 (4) 4, Articles 33 (4) 5, (7), and (8), 35 (3), and 37 (4), the provision, with the exception of the subparagraphs, of Article 37 (5), Article 37 (5) 2, the main clause and proviso, with the exception of the subparagraphs, of Article 38 (1), Article 45, subparagraphs 6 and 7 of Article 46, Articles 47 (1), 48 (4), 49 (2), 50 (1), (3) 4, and (4), 51 (4), 52 (1) and (4), 53 (1) 3, and 53 (3), the provision, with the exception of the subparagraphs, of Article 54 (1), Articles 54 (9), 66, 68, 73 (3), 76 (3), 79 (2), 80 (2), (3), and (5), 81 (2), 83 (2), and 84 (1), and the provision, with the exception of the subparagraphs, of Article 85 (1) of the River Act, may be prescribed by Provincial Ordinance. <Amended on Jun. 31, 2020; Dec. 10, 2019; Dec. 31, 2020>

(4) For the purposes of paragraphs (1) and (3), "National River Management Committee" in Articles 51 (1), 53 (2), and 54 (2) of the River Act, shall be construed as "Regional Water Resources Committee.” <Amended on Jan. 17, 2017>

(5) The authority of the Minister of Environment bestowed under Article 7 (1), (2), and (4), and Article 18 (1), (2), and (4) of the Act on the Investigation, Planning, and Management of Water Resources shall become the Governor's inherent authority. <Newly Inserted on Jan. 17, 2017; Jun. 8, 2018>

Article 415(Special Cases concerning Urban Development) #

(1) Notwithstanding Article 11 (1) 1 of the Urban Development Act, the head of an administrative Si may be designated as the implementer of an urban development project in the case of Jeju Self-Governing Province.

(2) Where the implementer of an urban development project in an urban development zone designated pursuant to Article 3 (1) of the Urban Development Act is designated, the Governor shall designate such implementer if the entity who implements the urban development project is the head of an administrative Si, notwithstanding the latter part of Article 11 (2) of the Urban Development Act.

(3) The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 5 (5), 11 (2), and 32 (6), the latter part of Article 58 (2), and Article 61 (2) of the Urban Development Act, shall become the Governor's inherent authority.

(4) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 3 (5), the proviso of Article 4 (1), the latter part of Article 4 (4), Articles 5 (1) 17, (3), and (4), and 6 (1), the latter part of Article 7 (1), Article 7 (2), the proviso of Article 8 (1), the former part of Article 9 (5), Article 9 (6) 2, the proviso of Article 10 (2) 1, the proviso of Article 10 (2) 2, the former part of Article 10 (4), the former part, with the exception of the subparagraphs, of Article 11 (2), Article 11 (3) and (4), the main clause of Article 11 (5), Articles 11 (8) 4 and 12 (1), the main clause of Article 12 (2), Articles 12 (3) and (4) and 13 (1), the proviso of Article 13 (2), Articles 15 (3) and 16 (4), the former part of Article 17 (1), the proviso of Article 17 (4), Article 17 (5), the latter part of Article 19 (3), the provision, with the exception of the subparagraphs, of Article 20 (2), Articles 20 (5) and (8), 21 (2) 1 through 3, and (3), and 22 (4), the main clause of Article 23 (1), Articles 23 (2) and (3), 25 (1), 26 (2), 27, and 28 (1) 6, (3), and (5), the proviso of Article 29 (2), the main clause of and proviso of Article 29 (3), Articles 31 (2), 40 (1), (4), and (5), 44 (3), 45, 46 (2), and 50 (1), the proviso of Article 53, Articles 55 (4) and (5) and 58 (1) and (3), the former part of Article 58 (4), the main clause of Article 59, Articles 60 (2) 9, 61 (1) 3 and 8, and (3), 62 (4), 63 (1) 3 and (3), and 72 (4) and (5) of the Urban Development Act, may be prescribed by Provincial Ordinance.

Article 416(Special Cases concerning Housing Site Development) #

(1) The authority of the Minister of Land, Infrastructure and Transport bestowed under Article 7 (1) of the Housing Site Development Promotion Act, shall become the Governor's inherent authority.

(2) Notwithstanding Article 3 (2) of the Housing Site Development Promotion Act, the Governor may designate an area for housing site development pursuant to paragraph (1) after consulting with the head of a relevant administrative agency and undergoing deliberation thereon by the City/Do Residence Policy Deliberation Committee established under Article 9 of the Framework Act on Residence.

(3) A person designated as the operator of a housing site development project pursuant to paragraph (1) may propose the designation of an area for housing site development to the Governor, notwithstanding Article 3-2 of the Housing Site Development Promotion Act.

(4) Administrative adjudications provided for in Article 27 of the Housing Site Development Promotion Act on matters under the Governor's inherent authority pursuant to paragraph (1) shall be introduced to the Governor in lieu of the Minister of Land, Infrastructure and Transport.

(5) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the main clause of and proviso of Article 3-3 (1), Article 3-3 (2), the former part of Article 6 (1), Article 6 (2) 2 and (3), the former and latter parts, with the exception of the items, of Article 7 (1) 4, Articles 7 (2) and 8 (1) 5 and (2), the former and latter parts of Article 9 (1), Article 9 (5), the latter part of Article 11 (2), Articles 12 (5), 12-2 (1) through (3), 13 (1), 17 (1) and (2), and 18 (2), the former part, with the exception of the subparagraphs, of Article 18-2 (1), Article 18-2 (1) 7 and (2), the proviso of Article 19-2 (1), Articles 21 (2), 23 (2), and 24 (1), the former part of Article 25 (1), the provision, with the exception of the subparagraphs, of Article 30 (2), and Article 35 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Housing Site Development Promotion Act, may be prescribed by Provincial Ordinance.

Article 417(Special Cases concerning Maintenance and Improvement of Urban Areas and Dwelling Conditions) #

(1) The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 10, 19 (7), 29 (4), 32 (2), 34 (1), the latter part of Article 98 (1), Article 101 (5) (excluded if the subject of approval is a Provincial Ordinance), and Article 111 (1) of the Act on the Improvement of Urban Areas and Residential Environments, shall become the Governor's inherent authority. <Amended on Feb. 8, 2017; Aug. 9, 2017>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under subparagraph 3 (b) of Article 2, part of subparagraph 3 (c) excluding its subitems (i) and (ii), subparagraph 3 (d), and subparagraphs 4 and 5 of Article 2, subparagraph 5 of Article 3, Article 5 (1) 13, Article 6 (3), the proviso of Article 7 (1), Article 7 (4), Article 8 (1), the proviso, with the exception of the items, of Article 9 (1) 10 excluding its items, Article 9 (1) 10 (d), Article 9 (1) 12, Article 10 (1) 1 and 2, the proviso of Article 12 (3), Article 12 (4), (5), and (7), Article 13 (5), Article 14 (2), Article 15 (3), the main clause of Article 16 (1), Article 16 (3), Article 17 (4) and (5), Article 19 (1) 7, Article 19 (2) 2, Article 19 (3), the provision, with the exception of the subparagraphs, of Article 19 (7), Article 21 (3), the proviso of Article 24 (3), Article 25 (1) 1 and 2, the main clause of Article 26 (2), the provision, with the exception of the subparagraphs, of Article 27 (1), the main clause of Article 27 (2), the former part, with the exception of the subparagraphs, of Article 27 (4), Article 28 (3), the proviso of Article 29 (4), Article 29 (9), the provision, with the exception of the subparagraphs, of Article 31 (1) excluding its subparagraphs, the former part of Article 31 (3), the latter part of Article 31 (4), Article 32 (1) 5, Article 32 (3) and (4), Article 34 (1) 7, Article 34 (5), Article 35 (2) 2, the proviso of Article 35 (5), Article 35 (9) and (10), Article 36 (3) and (4), Article 37 (2) 2 (b), Article 37 (3), Article 38 (2), Article 39 (2) 5, Article 40 (1) 18, Article 40 (4), Article 41 (2), the proviso of Article 41 (5), Article 41 (6), Article 45 (1) 13, Article 45 (6), Article 46 (4) and (5), Article 47 (3), Article 47 (5) 6, Article 47 (6), the main clause of and proviso of Article 50 (1), the main clause of Article 50 (9), Article 52 (1) 13, the main clause of and proviso of Article 55 (4), Article 55 (5), the main clause of Article 56 (1), Article 58 (2) excluding its subparagraphs, Article 59 (2), the former part of Article 59 (3), the former part of Article 61 (3), the proviso of Article 65 (1), the provision, with the exception of the subparagraphs, of Article 66, subparagraph 1 of Article 66, Article 67 (4) 3, Article 68 (2), the provision, with the exception of the subparagraphs, of Article 68 (4) , Article 68 (4) 6, the main clause of Article 69 (1), the main clause, with the exception of the subparagraphs, of Article 72 (1), Article 72 (1) 4, Article 72 (3), the latter part of Article 73 (3), the proviso, with the exception of the subparagraphs, of Article 74 (1), Article 74 (1) 9, Article 74 (4), Article 76 (2), the proviso of Article 78 (1), the proviso of Article 78 (2), Article 78 (4), Article 79 (3), the latter part of Article 79 (4), the latter part of Article 79 (5), the main clause of and proviso of Article 79 (6), the latter part of Article 80 (1), Article 80 (2), Article 82 (1), Article 83 (1), the main clause of Article 83 (5), Article 83 (6), Article 89 (4), Article 92 (2) 1, Article 94 (1) and (3), the former part, with the exception of the subparagraphs, of Article 95 (1), Article 95 (1) 2, Article 101 (1) 2, the main clause and proviso, with the exception of the subparagraphs, of Article 102 (1), Article 102 (2) and (3), subparagraph 5 of Article 103, Article 106 (2), Article 108 (2), Article 109 (6), Article 110 (1) 4, Article 110 (2), Article 111 (1) through (3), the main clause, with the exception of the subparagraphs, of Article 112 (1), the latter part of Article 113 (2), Article 115, Article 117 (1) 3, Article 118 (1), Article 122 (1) 7, Article 123 (1), Article 124 (1) 11, Article 124 (2) and (3), Article 124 (4) 3, Article 125 (1), Article 126 (2) 4 and 6, Article 128 (1), the provision, with the exception of the subparagraphs, of Article 128 (2), Article 128 (2) 3, and Article 140 (3) of the Act on the Improvement of Urban Areas and Residential Environments, may be prescribed by Provincial Ordinance. <Amended on Feb. 8, 2017; Aug. 9, 2017; Oct. 24, 2017; Mar. 16, 2021>

(3) Notwithstanding Article 4 (1) of the Act on the Improvement of Urban Areas and Residential Environments, the Governor may opt not to formulate a master plan for urban and residential environment rearrangement. <Amended on Feb. 8, 2017>

Article 427(Special Cases concerning Passenger Transport Service) #

(1) The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 4 (1) and (3), 8 (1), 9 (1), 10 (1) and (5), 13 (1), 14 (1), (2), and (4), 15 (1), 16 (1), 19 (2), 85 (1) (limited to revocation, orders, etc. imposed under devolved authority), 86 (limited to hearings held under devolved authority), 88 (1) and (3) (limited to penalty surcharges imposed under devolved authority), and 94 (5) (limited to the imposition and collection of administrative fines under devolved authority) of the Passenger Transport Service Act, shall become the Governor's inherent authority. <Amended on Mar. 21, 2017>

(2) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 4 (1) and (3) and 5 (1) 2 and 3 and (5), the former part of Article 8 (2), Articles 8 (5) and 9 (4), the proviso of Article 10 (1), the proviso of Article 10 (2), Article 10 (5) 4 and (6), the former part of Article 11, Article 14 (1), (2), and (4), the main clause of Article 16 (1), Articles 16 (2), 17, and 19 (1), the provision, with the exception of the subparagraphs, of Article 19 (2), Articles 19 (2) 3, 20 (2), (3), and (5), 21 (1) and (13), and 24 (2), the provision, with the exception of the subparagraphs, of Article 24 (4), Articles 25 (1) and 26 (1) 7 and 8, Articles 29, 30, and 31 (4), the proviso of Article 34 (2), Article 36 (1), the latter part of Article 38 (1), Articles 38 (2), 40 (4), and 41 (4), the proviso of Article 43 (1), Article 45 (2), the proviso of Article 46 (1), the main clause of Article 80, Article 84 (1), the main clause, with the exception of the subparagraphs, of Article 84 (2), Article 84 (2) 2 and (4), the main clause, with the exception of the subparagraphs, of Article 85 (1), Article 85 (2) and (3), the provision, with the exception of the subparagraphs, of Article 85 (4), and Article 88 (2), (4) 1, (5), and (6) of the Passenger Transport Service Act, may be prescribed by Provincial Ordinance. <Amended on Mar. 21, 2017; Dec. 10, 2019>

(3) Where matters to be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 5 (1) 2 and 3 of the Passenger Transport Service Act pursuant to paragraph (2) are prescribed by Provincial Ordinance, licensing standards for environmental conservation, such as possessing the environment-friendly motor vehicle defined in subparagraph 2 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles, may be added to the licensing standards for passenger transport business. <Newly Inserted on Dec. 10, 2019>

Article 428(Special Cases concerning Management of Motor Vehicles) #

(1) A person who files an application for registration for new acquisition, change, or transfer of a motor vehicle under Articles 8, 11, and 12 of the Motor Vehicle Management Act, shall submit to the Governor a document (hereafter in this Article, referred to as "garage certificate") evidencing that he or she has a garage for the motor vehicle (referring to a place suitable for the storage of a motor vehicle, including a parking lot, parking facility, and open space; hereinafter the same shall apply).

(2) The registration for new acquisition, change, or transfer of a motor vehicle under Articles 8, 11, and 12 of the Motor Vehicle Management Act may be rejected, if the applicant for such registration fails to submit the garage certificate under paragraph (1).

(3) A person who has registered the new acquisition, change, or transfer of a motor vehicle under paragraph (1) shall report the change of the garage to the Governor, as prescribed by Provincial Ordinance, if any changes are made to the garage different from that registered.

(4) In receipt of a report under paragraph (3), the Governor shall review the details thereof and, if such report conforms to the guidelines for securing a garage under this Act, shall accept the report. <Newly Inserted on Dec. 22, 2020>

(5) The Governor may issue an order to secure a garage (hereinafter referred to as "order to secure a garage"), as prescribed by Provincial Ordinance, if the person who has registered the new acquisition, change, or transfer of a motor vehicle under paragraph (1) falls under any of the following cases: <Amended on Dec. 22, 2020>

1. If the registered garage no longer exists;

2. If the registered garage becomes unsuitable as a garage;

3. If the registered garage is used for any other purpose.

(6) The Governor may keep the custody of the number plate of the motor vehicle under Article 10 of the Motor Vehicle Management Act against any person who fails to comply with an order to secure a garage. <Amended on Dec. 22, 2020>

(7) The types of motor vehicles for which a garage certificate shall be submitted under paragraph (1), the subject areas, the guidelines and method for securing a garage, procedures for confirmation, etc., shall be prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020>

(8) The authority of the Minister of Land, Infrastructure and Transport bestowed under Article 47 (1) and (2) of the Motor Vehicle Management Act, shall become the Governor's inherent authority: Provided, That matters related to the official approval for taximeters shall be excluded. <Amended on Dec. 22, 2020>

(9) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 29 (4) (limited to matters regarding installation of the maximum speed limit system for motor vehicles for car rental business under the Passenger Transport Service Act), 47 (1) and (2) (limited to the Governor's authority), the main clause and the proviso of Article 53 (1), Articles 53 (2) and 55 (1), the provisions, with the exception of the subparagraphs, of Article 56 (1), Article 56 (1) 4, the provisions, with the exception of the subparagraphs, of Article 58 (1), Articles 58 (4) 6 and 7 and 58 (5) and (7), and 58-2 (1) and (3), the proviso of Article 60 (1), Articles 60 (2) and (4), 62, 65 (1) and (2), 66 (6) (limited to matters under paragraph (1) of that Article), and 67 (1) of the Motor Vehicle Management Act may be prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020; Jul. 11, 2023>

(10) Deleted. <Jul. 11, 2023>

Article 434(Special Cases concerning Traffic Safety and Facilities) #

(1) The authority of the commissioner of a City/Do police agency or the chief of a police station bestowed under Articles 10 (1), 13 (4) 5, and 14 (1), the proviso of Article 14 (2), Articles 18 (2) and 22 (3) 4, the proviso of Article 25 (2), Article 28 (1), the proviso of Article 28 (2), Article 31 (1) 5 and (2) 2, subparagraph 7 of Article 32, subparagraph 3 of Article 33, and Article 34-2 of the Road Traffic Act, shall become the Governor's inherent authority. <Amended on Dec. 10, 2019; Dec. 22, 2020>

(2) Where the road management agency referred to in Article 70 of the Road Traffic Act is the Governor, he or she may take measures necessary for ensuring road safety and smooth traffic flows.

(3) Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of the Interior and Safety, Joint Ordinance of the Ministry of Education, the Ministry of the Interior and Safety, and the Ministry of Land, Infrastructure and Transport, or Joint Ordinance of the Ministry of Health and Welfare, the Ministry of the Interior and Safety, and the Ministry of Land, Infrastructure and Transport under Articles 3 (4) and (5), 12 (1) 2 and (2), 12-2 (1) 1 and 4, and 12-2 (2), 15 (2), 35 (1) 2, (4), and (5), and 50 (4) of the Road Traffic Act may be prescribed by Provincial Ordinance: Provided, That matters concerning the speed restriction within a children protection zone, senior protection zone, or protection zone of the disabled pursuant to Articles 12 and 12-2 of the Road Traffic Act, shall be excluded herefrom. <Amended on Jul. 26, 2017; Jul. 11, 2023>

(4) Notwithstanding Article 147 (1) of the Road Traffic Act, the Governor shall not entrust any of the following authority to the commissioner of a City/Do police agency or the chief of a police station: <Amended on Dec. 22, 2020>

1. Authority to install and maintain traffic signals and safety signs under the main clause of Article 3 (1) of the Road Traffic Act;

2. Authority to direct toll-road managers under the proviso of Article 3 (1) of the Road Traffic Act;

3. Authority to issue orders to bear costs under Article 3 (3) of the Road Traffic Act;

4. Authority to designate and maintain children protection zones under Article 12 (1) of the Road Traffic Act;

5. Authority to designate and maintain senior protection zones or protection zones of the disabled under Article 12-2 (1) of the Road Traffic Act.

(5) The Commissioner of the Jeju Special Self-Governing Provincial Police Agency may operate traffic safety facilities, such as traffic signals and safety signs, from the time the relevant grounds arise until such grounds cease, if necessary to perform guard duty, security guard duty, or any urgent mission. <Amended on Dec. 22, 2020>

(6) When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, the Governor may prohibit or restrict the traffic of pedestrians, motor vehicles, horses, or trams by designating a section in consultation with the Commissioner of the Jeju Special Self-Governing Provincial Police Agency, notwithstanding Article 6 (1) through (3) of the Road Traffic Act, and in such cases, he or she shall publicly announce such fact, as prescribed by Provincial Ordinance: Provided, That where the Commissioner of the Jeju Special Self-Governing Provincial Police Agency or the chief of a police station performs guard duty, security guard duty, or other urgent duties, he or she may prohibit or restrict the traffic of pedestrians, motor vehicles, horses, or trams in precedence over the Governor. <Amended on Mar. 27, 2018; Dec. 22, 2020>

Article 435(Deliberative Committee on Traffic Facilities) #

(1) A Jeju Provincial Deliberative Committee on Traffic Facilities (hereafter in this Article, referred to as the "Deliberative Committee on Traffic Facilities") shall be established under the jurisdiction of the Governor to ensure safe and smooth traffic flows.

(2) The Deliberative Committee on Traffic Facilities shall be comprised of between six and ten members, including one chairperson; and the members shall be appointed or commissioned by the Governor from among public officials performing traffic-related duties or persons with abundant knowledge of and experience in traffic. In such cases, non-public official members shall constitute a majority of the total members.

(3) The chairperson of the Deliberative Committee on Traffic Facilities shall be elected from among, and by, the non-public official members.

(4) The Deliberative Committee on Traffic Facilities shall deliberate on the following matters (where it deliberates on any matter referred to in subparagraphs 1 through 4, the relevant matter shall be excluded from deliberation in cases prescribed by Provincial Ordinance such as where it has been subject to deliberation under other statutes). In such cases, it shall first seek an opinion from the Commissioner of the Jeju Special Self-Governing Provincial Police Agency: <Amended on Dec. 10, 2019; Dec. 22, 2020>

1. New installation and relocation of pedestrian crossing zones;

2. New installation and relocation of signals;

3. Permission for, and abolition of, broken lines for left turns or U-turns at the median line;

4. Designation and abolition of one-way streets and changeable vehicular roads;

5. Other matters deemed to require deliberation for traffic safety and smooth traffic flows by the Governor or the Commissioner of the Jeju Special Self-Governing Provincial Police Agency.

(5) The Governor shall notify the Commissioner of the Jeju Special Self-Governing Provincial Police Agency of the matters deliberated upon by the Deliberative Committee on the Traffic Facilities, without delay; and the Commissioner of the Jeju Special Self-Governing Provincial Police Agency may request the Governor to take necessary measures, if necessary for ensuring traffic safety and smooth traffic flows. <Amended on Dec. 22, 2020>

(6) Matters necessary for the organization, management, etc. of the Deliberative Committee on Traffic Facilities shall be prescribed by Provincial Ordinance.

Article 438(Special Cases concerning Management and Reclamation of Public Waters) #

(1) Notwithstanding the provision, with the exception of the subparagraphs, of Article 4 (2) of the Public Waters Management and Reclamation Act, public waters prescribed in Article 4 (2) 2 of that Act shall be managed by the Governor.

(2) The authority of the Minister of Oceans and Fisheries bestowed under Articles 6, 8, 10, 13 through 15, 17 through 21, 55, 57, 58, and 66 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Public Waters Management and Reclamation Act concerning public waters within the harbor area of an international trade harbor under Article 3 (1) 1 of the Harbor Act, shall become the Governor's inherent authority.

(3) The authority of the Minister of Oceans and Fisheries bestowed under Articles 28 (1) 1 and 2 and (4), 33, 34, 35 (1), (3), and (5), 36 through 38, 39 (3), 45, 48, 49, 50 (2), 51 through 54, and 56 through 58 of the Public Waters Management and Reclamation Act concerning reclamation of public waters within the harbor area of an international trade harbor under Article 3 (1) 1 of the Harbor Act, shall become the Governor's inherent authority.

(4) The authority of the Minister of Oceans and Fisheries bestowed under Article 6 (2) (limited to matters related to the methods for confirming whether the derelict ships, etc. fall under each subparagraph of Article 6 (1) of that Act), Articles 22 (1) and (3), 23 (1) through (6), 25 (3), 26 (1), and 27 (1), the former part of Article 27 (2), Articles 28 (1) 1 and 2 and (2), the proviso of Article 35 (2), and Article 37 of the Public Waters Management and Reclamation Act, shall become the Governor's inherent authority.

(5) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under subparagraph 1 of Article 5, the main clause of Article 6 (1), the provision, with the exception of the subparagraphs, of Article 6 (3), Article 6 (4) and (5), the provision, with the exception of the subparagraphs, of Article 6 (6), Article 6 (7), the main clause, with the exception of the subparagraphs, of Article 8 (1), Article 8 (1) 4, the proviso of Article 8 (1) 5, Article 8 (3), (4), and (6), the main clause of Article 9, Article 10 (2), the main clause, with the exception of the subparagraphs, of Article 12, subparagraph 2 of Article 12, the main clause and proviso, with the exception of the subparagraphs, of Article 13 (1), Article 13 (1) 1 and 10, the former and latter parts of Article 13 (6), Article 14, the former and latter parts of Article 15 (1), Article 16 (1) and (2), the former and latter parts of Article 17 (1), the latter part of Article 17 (3), Articles 17 (4), (5), and (6), 18 (1), (2), (3) (excluding matters concerning the certificate of confirmation of completion inspection, authorized to be prescribed by Ordinance of the Ministry of Oceans and Fisheries), and (4), 19 (2), and 21 (4) and (5), the provision, with the exception of the subparagraphs, of Article 21 (6), Articles 21 (7) and 23 (2), the latter part of Article 23 (4), Articles 24 (1) 5, 25 (3), and 26 (4), the provision, with the exception of the subparagraphs, of Article 28 (1), the proviso of Article 28 (7), Articles 28 (8), 29, 30 (1) 4 and (3), 32 (1) and (3), and 33, the main clause, with the exception of the subparagraphs, of Article 34, subparagraph 1 of Article 34, the proviso of Article 35 (2), Article 36 (1), the former part of Article 37, the former part of Article 38 (1), the proviso of Article 38 (3), Articles 38 (5) and 43 (1) and (2), the proviso of Article 44 (1), Articles 45 (1) and (2), 46 (1) 1 and 3, and 46 (2) and (4), the proviso of Article 48 (1), Article 48 (2) and (3), the provision, with the exception of the subparagraphs, of Article 49 (1), Articles 49 (2), (4), and (5), 51, 52 (1) 2 and (2), 53 (3), and 54 (4), the main clause of and the proviso of Article 54 (9), Articles 54 (10), 55 (6), 56 (1), and 57 (3) of the Public Waters Management and Reclamation Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019>

(6) Notwithstanding Articles 22 (1) and 27 of the Public Waters Management and Reclamation Act, the Governor shall formulate, amend, or repeal, the reclamation master plan of public waters, following deliberation by a local deliberative committee on coast management established under Article 31 of the Coast Management Act.

Article 439(Special Cases concerning Management and Operation of Harbors) #

(1) Notwithstanding Article 4 (3) and (4) of the Harbor Act, a Jeju Self-Governing Province Harbor Policy Council shall be established under the jurisdiction of the Governor to deliberate on the delegated matters belonging to the Central Harbor Policy Council established under Article 4 (1) of that Act and matters concerning the development, management, and operation of harbors under the jurisdiction of Jeju Self-Governing Province, but matters necessary for the composition, functions, operation, etc. of the Council shall be prescribed by Provincial Ordinance.

(2) The authority of the Minister of Oceans and Fisheries bestowed under the main clause of Article 11, Articles 20, 24 (1), and 58 (1) and (2), the proviso of Article 58 (5), and Articles 58 (6), 59, and 96 (1) (limited to consultation and approval if the Governor has the authority to grant permits) through (3) of the Harbor Act, shall become the Governor's inherent authority. <Amended on Jan. 29, 2020>

(3) The authority of the Minister of Oceans and Fisheries bestowed under subparagraph 5 of Article 2, the proviso of Article 7 (3), Articles 9, 10 (2), (4), (5), and (7), 12 (1) through (3), the proviso of Article 12 (5), Articles 12 (6), 13 through 15, 21 through 23, 25 (1), 31 (1), 33 (1), 34, 41 through 43, 82, 83 (limited to dispositions or measures against violations of statutes related to devolved authority) through 89, 93 through 95, 100 (limited to hearings held under devolved authority), 101, 105, and 113 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Harbor Act, shall become the Governor's inherent authority. <Amended on Jan. 29, 2020>

(4) Notwithstanding Article 25 (2) of the Harbor Act, a license to manage harbor facilities or the establishment, alteration, extinguishment, and restriction on the disposal of a mortgage on such license shall take effect upon being registered in the register of licenses to manage harbor facilities prepared and kept by Jeju Self-Governing Province. <Amended on Jan. 29, 2020>

(5) Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Articles 10 (5) and 25 (3), the former part of Article 41 (1), the proviso of Article 42 (1), Articles 42 (2), 43 (4), and 83 (3), the main clause of and proviso of Article 86 (1), Articles 86 (2), 87 (7), and 105 (limited to where the Governor has the authority over permission, registration, or reporting) of the Harbor Act, may be prescribed by Provincial Ordinance. <Amended on Jan. 29, 2020>

(6) The authority of the Minister of Oceans and Fisheries bestowed under Articles 23, 24, 26, 27, and 30 (1) and (3) of the Act on the Arrival, Departure, etc. of Ships, shall become the Governor's inherent authority.

(7) Matters to be prescribed by Presidential Decree under Articles 27 (2) and 30 (2) of the Act on the Arrival and Departure of Ships, may be prescribed by Provincial Ordinance.

Article 469(Penalty Provisions in Relation to Recall Elections) #

(1) A person who conducts, or engages another person to conduct a campaign for a recall election in violation of Article 85 (2) of the Public Official Election Act, which shall apply mutatis mutandis under Article 20 (3) of the Recall of Elected Officials Act that applies under Article 35, shall be punished by imprisonment with labor for not exceeding five years.

(2) Any of the following persons shall be punished by imprisonment with labor for not exceeding five years, or by a fine not exceeding 30 million won:

1. A person who offers, expresses an intention to, or promises to offer money, goods, means of transportation, entertainment, other economic benefits, or a job, public or private, to a voter of a recall election (including those eligible for registration on a voters' list for recall elections; hereafter in this Article, the same shall apply) for the purpose of affecting the recall election;

2. A person who offers, or expresses an intention to, or promises to offer money, goods, or other economic benefits to a school or other public institution, social organization, religious organization, labor organization, youth organization, women's organization, senior citizens' organization, veterans' organization, clan organization, or any other institution, organization, or facility for the purpose of using it for a campaign for recall election;

3. A person who offers, or expresses an intention to, or promises to offer money, goods, food, or any other economic benefit to a picnic, alumni meeting, social meeting, fraternity gathering, mutual financing society, or any other gathering or event of residents in the constituency for the purpose of using it for a campaign for recall election;

4. A person who incites, solicits, abets, or aids any conduct provided for in subparagraphs 1 through 3;

5. A person who assaults, threatens, or illegally arrests or confines a voter of a recall election, or interferes with the freedom of the residents' recall election, by any improper means;

6. A person who opens a ballot box in violation of statutes, or removes, destroys, mutilates, hides, or seizes a ballot box (including an empty ballot box) or a voting paper in the ballot box;

7. A person who disseminates false information by means of speech, broadcasting, newspaper, telecommunications, magazine, poster, or propaganda document, or has a propaganda document containing false information in his or her possession for the purpose of affecting the result of a recall election;

8. A person who carries money or goods in a divided form to distribute to many voters of a recall election, such as wrapped gifts or envelopes containing money for the purpose of affecting the result of a recall election;

9. A person who is involved in the preparation of the voters' list of a recall election, and interferes with the inspection of such voters’ list or who neglects his or her duties related to such inspection abusing his or her power.

(3) Any of the following persons shall be punished by imprisonment with labor for not exceeding three years, or by a fine not exceeding 10 million won:

1. A person who accepts an offer, or expression of an offer, of an economic benefit or a job, public or private, prescribed in paragraphs (2) 1 through 3;

2. A person who votes, or attempts to vote in a recall election by misrepresenting his or her name, forging or altering an identification certificate, or by other improper means;

3. A person who causes another person to register on a voters' list for the residents' recall election by fraud means;

4. A person who supports, recommends, or objects to any person who wishes to become a candidate for a public official election under the Public Official Election Act or for a specific political party, or engages in an activity constituting an election campaign using an opportunity to participate in the activities for requesting signatures or a voting campaign for a recall election.

(4) A person who violates or causes another person to violate Article 85 (3) and (4) of the Public Official Election Act, which shall apply mutatis mutandis under Article 20 (3) of the Recall of Elected Officials Act that applies pursuant to Article 35, shall be punished by imprisonment with labor for not exceeding three years, or by a fine not exceeding six million won.

(5) Any of the following persons shall be punished by imprisonment with labor for not exceeding two years, or by a fine not exceeding five million won:

1. A person who conducts a campaign for recall election, in violation of Article 20 (1) of the Recall of Elected Officials Act which applies pursuant to Article 35.

2. A person who conducts a campaign for recall election, in violation of Article 20 (2) of the Recall of Elected Officials Act which applies pursuant to Article 35.

(6) Any of the following persons shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding five million won:

1. A person who requests signatures, in violation of Article 10 of the Recall of Elected Officials Act which applies pursuant to Article 35;

2. A person who conducts a campaign for recall election, in violation of the restrictions on a campaign for recall election pursuant to Article 18 of the Recall of Elected Officials Act which applies pursuant to Article 35.

(7) A person who falls under any subparagraph of Article 33 of the Recall of Elected Officials Act which applies pursuant to Article 35, shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding five million won.

Article 480(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won:

1. A person who organizes and operates the number of channels for re-transmitting foreign broadcasts, in violation of Article 206;

2. A person who fails to comply with the measures for limiting the volume of water collected or suspending the use thereof, or with the step-by-step measures as prescribed in Article 381 (1), (3), and (4);

3. A person who fails to install and operate rainwater utilization facilities, etc., in violation of Article 386.

(2) Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended on Dec. 10, 2019>

1. A person who fails to submit data under Article 162 (4), or refuses, obstructs, or evades such submission;

1-2. A person who fails to comply with measures necessary for adjusting production and shipment and conducting quality inspections under Article 268 (1);

1-3. A person who fails to take necessary measures for marine products and plants brought into or removed from, livestock removed from, livestock products, etc. brought into or removed from under Article 284 (2);

2. A person who violates the restriction on taking-out of Jeju black cows prescribed in Article 287 (2);

3. A person who violates a disposition, order, or measure issued or taken by the Governor to protect preserved resources under Article 361 (3);

4. A person who violates any provisions of Provincial Ordinance stipulating supervision over construction works for facilities to develop and utilize groundwater under Article 383 (2);

5. A person who supplies or uses agricultural chemicals publicly announced under Article 383 (3);

6. A person who fails to comply with a disposition or order issued by the Governor under Article 463 (1).

(3) Any of the following persons shall be subject to an administrative fine not exceeding five million won:

1. A person who uses the name “Jeju Free International City Development Center” or similar, in violation of Article 180;

2. A person who fails to perform his or her duties relating to registration for establishment under Article 232;

3. Deleted; <Dec. 10, 2019>

4. A person who violates restriction on taking-out of the fertilized eggs or semen of Jeju black cows or bulls prescribed in Article 287 (2).

(4) Any of the following persons shall be subject to an administrative fine not exceeding three million won:

1. A flagrant offender or quasi-flagrant offender prescribed in Article 211 of the Criminal Procedure Act who fails to comply with a request to accompany under Article 272-2 (4) of the Public Official Election Act which applies mutatis mutandis in the Recall of Elected Officials Act which applies pursuant to Article 35;

2. A person who takes an LPG motor vehicle to an area out of Jeju Self-Governing Province, in violation of Article 305 (3);

3. A person who fails to comply with matters concerning the designation and management of no-smoking areas prescribed by Provincial Ordinance under Article 320 (2).

(5) Any of the following persons shall be punished by an administrative fine not exceeding two million won:

1. A person who neglects the duty to report and submit under this Act or the Public Official Election Act, which applies mutatis mutandis in the Recall of Elected Officials Act pursuant to this Act;

2. The head of a school, public office, public institution, or organization, who fails to comply with a request of the Election Commission for a place to set up a polling station or a vote counting room without justifiable grounds;

3. A person who damages or spoils a voting slip sample that the Election Commission pasted up;

4. A person who refuses an inspection or request to submit data made by an immigration control official pursuant to Article 202 (1).

(6) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended on Dec. 10, 2019; Dec. 22, 2020>

1. A person commissioned as a clerk of recall election, clerk of recall election for absentees, or vote counting clerk who refuses, are derelicts in or neglects the performance of his or her duties without justifiable grounds;

2. A person who installs or posts a signboard, hanging board, or placard at a recall election campaign organization, in violation of this Act or Article 61 (6) of the Public Official Election Act, which applies mutatis mutandis in the Recall of Elected Officials Act pursuant to this Act;

3. A person who makes a speech or conducts an interview without placing a mark, in violation of this Act or Article 79 (6) of the Public Official Election Act, which applies mutatis mutandis in the Recall of Elected Officials Act pursuant to this Act;

4. A person who runs a business without filing a report on succession to status pursuant to Article 251 (5);

5. A person who fails to comply with an order to secure a garage under Article 428 (5);

6. A person who uses an off-road parking lot for any purpose other than a parking lot, in violation of Article 433-2 (1);

7. A person who fails to install necessary signs, in violation of Article 433-2 (2).

(7) Administrative fines referred to in paragraphs (1) through (6) shall be imposed and collected by the Governor (referring to the Superintendent of the Provincial Office of Education in cases falling under paragraph (3) 2), as prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019>

(8) Notwithstanding paragraph (7), the Ministry of Science and ICT shall be in charge of the imposition and collection of administrative fines referred to in paragraph (1) 1; Article 261 (10) and (11) of the Public Official Election Act shall apply mutatis mutandis to the imposition and collection of administrative fines referred to in paragraphs (4) through (6) (limited to matters concerning recall of elected officials); and Article 100 (4) of the Immigration Act shall apply to the imposition and collection of administrative fines referred to in paragraph (5) 4. <Amended on Jul. 26, 2017>

SPECIAL ACT ON THE ESTABLISHMENT OF JEJU SPECIAL SELF-GOVERNING PROVINCE AND THE DEVELOPMENT OF FREE INTERNATIONAL CITY

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application) #

Article 4(Responsibilities of the State) #

Article 5(Responsibilities on Part of Jeju Self-Governing Province) #

Article 6(Relationship to Other Statutes) #

Article 7(Establishment of Jeju Special Self-Governing Province) #

Article 8(Special Cases concerning Organization of Provincial Council and Executive Bodies) #

Article 9(Special Cases concerning Application of other Statutes upon Establishment of Jeju Self-Governing Province) #

Article 10(Abolition, Establishment, Division and Merger of Administrative Sis) #

Article 11(Heads of Administrative Sis) #

Article 12(Public Pre-Nomination of Prospective Head of Administrative Si) #

Article 13(Retirement of Head of Administrative Si) #

Article 14(Deputy Head of Administrative Si) #

Article 15(Administrative Organizations of Administrative Si) #

Article 15-2(Special Cases concerning Establishment of Committees) #

Article 16(Abolition, Establishment, Division, and Merger of Eups/Myeons/Dongs) #

Article 17(Establishment of Supporting Committee for Jeju Special Self-Governing Province) #

Article 18 #

Article 18-2(Establishment of Secretariat) #

Article 19(Submission of Legislative Bills and Deliberation on Legislation) #

Article 20(Incremental Devolution of Authority by Central Administrative Agencies) #

Article 21(Submission of Data) #

Article 22(Promotion of Deregulation) #

Article 23(Guidelines for Transfer) #

Article 24(Administrative Affairs to be First Transferred) #

Article 25(Measures To Be Taken following Transfer of Administrative Affairs) #

Article 26(Transfer of Administrative Affairs of Special Local Administrative Agencies, Other Than Those Subject to Transfer) #

Article 27(Prohibition of Establishment of Special Local Administrative Agencies) #

Article 28(Special Cases concerning Residents' Voting) #

Article 29 #

Article 30(Management of Affairs concerning Recall Elections on Superintendent of Provincial Office of Education) #

Article 31(Special Cases concerning Subject Matter of, and Requests for, Recall Elections) #

Article 32(Suspension of Exercise of Authority of Superintendent of Provincial Office of Education and Exercise of Authority on His or Her Behalf) #

Article 33(Notice of Results of Recall Elections on Superintendent of Provincial Office of Education) #

Article 34(Lawsuits on Recall Elections against Superintendent of Provincial Office of Education) #

Article 35(Application of the Recall of Elected Officials Act) #

Article 36(Special Cases concerning Fixed Number of Provincial Council Members) #

Article 37(Special Cases concerning Constituencies for Provincial Council Members) #

Article 38(Constituency Demarcation Committee for Provincial Council Members) #

Article 39(Policy Researcher) #

Article 40(Special Cases concerning Council Members' Expenses for Parliamentary Activities) #

Article 41(Reporting on Large-Scale Development Projects) #

Article 42(Special Cases concerning Audit and Inspection of Administrative Affairs) #

Article 43(Personnel Hearings) #

Article 44(Special Cases concerning Authority for Autonomous Organization) #

Article 45(Establishment and Operation of Residents' Autonomous Center) #

Article 46(Special Cases concerning Classification of Occupational Groups and Categories) #

Article 47(Special Cases concerning Personnel Management, including Provincial Personnel Committee) #

Article 48(Special Cases concerning Position Classification System) #

Article 49(Exemption from Control of Fixed Number Depending upon Total Amount of Budget in Nature of Personnel Expenditure) #

Article 50(Performance-Based Contracting System) #

Article 51(Extensive Enforcement of Performance-Based Remuneration System) #

Article 52(Qualification Examination System) #

Article 53(Removal from Position and Ex Officio Dismissal) #

Article 54(Special Cases concerning Special Promotion of Outstanding Public Officials) #

Article 55(Special Cases concerning Special Promotion) #

Article 56(Special Cases concerning Performance-Based Bonuses) #

Article 57(Public Recruitment Positions) #

Article 58(Nationwide Employment of Personnel) #

Article 59(Selection and Employment of Local Talents) #

Article 60(Management of Positions by Fields) #

Article 61(Personnel Exchanges and Dispatches between State and Jeju Self-Governing Province) #

Article 62(Special Cases concerning Education and Training) #

Article 63(Establishment of Board of Education) #

Article 64(Organization of Board of Education) #

Article 65(Election of Members of Board of Education) #

Article 66(Qualifications To Be Elected as Members of Board of Education) #

Article 67(Prohibition of Concurrent Offices) #

Article 68(Matters To Be Resolved on by Board of Education) #

Article 69(Initiation and Transfer of Bills) #

Article 70(Demand for Reconsideration and Promulgation of Municipal Ordinance concerning Education, Art, and Science) #

Article 71(Quorums for Proceedings and Resolutions) #

Article 72(Minutes of Board of Education) #

Article 73(Assistance in Administrative Affairs of Board of Education) #

Article 74(Election of Superintendent of Provincial Office of Education) #

Article 75(Qualifications to Become Candidates for Superintendent of Provincial Office of Education) #

Article 76(Retirement of Superintendent of Provincial Office of Education) #

Article 77(Application Mutatis Mutandis of the Act on Resident Initiative and the Local Autonomy Act) #