Article 1(Purpose) #
The purpose of this Act is to provide for matters necessary to promote balanced development between regions and enhance residents' welfare by boosting the economy in underdeveloped areas adjacent to, and arising from, the districts that are or were granted to the United States Armed Forces in the territories of the Republic of Korea for the national defense of the Republic of Korea.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 31, 2010; Oct. 20, 2020>
1. The term "granted district" means facilities and a district provided by the Republic of Korea to the United States of America for use by the United States Armed Forces in Korea pursuant to Article 2 of the Agreement under Article Ⅳ of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea;
2. The term "area adjacent to a granted district" means an area specified by Presidential Decree as the area of an Eup/Myeon/Dong (referring to an administrative Dong; the same shall apply hereinafter) in which a granted district is located and the area of an Eup/Myeon/Dong adjacent to the Eup/Myeon/Dong in which the granted district is located; provided, "granted districts" falling under subparagraph 1 shall be excluded herefrom;
3. The term "returned district" means a granted district returned by the United States of America to the Republic of Korea;
4. The term "area adjacent to a returned district" means an area specified by Presidential Decree as the area of an Eup/Myeon/Dong in which a returned district is located and the area of an Eup/Myeon/Dong adjacent to the Eup/Myeon/Dong in which the returned district is located; provided, "returned districts" falling under subparagraph 3 shall be excluded herefrom;
5. The term "comprehensive plan for development of areas, etc. adjacent to a granted district" means a comprehensive plan for the project to develop areas prescribed by subparagraphs 2 through 4 and to enhance the welfare of residents therein and various supportive measures (hereinafter referred to as "comprehensive plan");
6. The term "supported urban project zone" means an area designated and publicly notified, as prescribed by Presidential Decree, in order to revitalize the local economy of the area, which has made hollow by the relocation of a military base of the United States Armed Forces in Korea, and facilitate the development of underdeveloped areas;
7. The term "local government" means the Special Metropolitan City, a Metropolitan City, a Do, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) having jurisdiction over an area that falls under any of subparagraphs 1 through 4;
8. The term "Mayor/Do Governor" means the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor who has jurisdiction over an area specified in subparagraphs 1 through 4;
9. The term "head of a Si/Gun/Gu" means the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), having jurisdiction over an area specified in any provision of subparagraphs 1 through 4.
Article 3(Relationship to other Acts) #
This Act shall take precedence over other Acts with regard to matters regarding the development of an area adjacent to a granted district or an area adjacent to a returned district or the assistance in the utilization of such area; provided, the foregoing shall not apply to the Special Act on Support, etc. for Pyeongtaek-si, etc. Following Relocation of U.S. Military Bases in Korea.
Article 4 #
Deleted. <Dec. 29, 2009>
Article 5 #
Deleted. <Dec. 29, 2009>
Article 6 #
Deleted. <Dec. 29, 2009>
Article 7(Formulation of comprehensive plans) #
(1) Mayors/Do Governors shall formulate a comprehensive plan and submit it to the Minister of the Interior and Safety, as prescribed by Presidential Decree. In such cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor shall consult with the head of a Si/Gun/Gu or receive an application from the head of a Si/Gun/Gu. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020>
(2) The comprehensive plan under paragraph (1) shall include the following matters:
1. The goals of and basic direction-setting for developing areas adjacent to a granted district and areas adjacent to a returned district;
2. Matters regarding measures for preventing damage to people by the deployment and exercise of the U.S. Armed Forces in Korea;
3. Matters regarding the expansion and improvement of production infrastructure to increase job opportunities for local residents and their income;
4. Matters regarding the change of jobs of workers and the change of business of business operators in areas adjacent to a returned district;
5. Matters regarding projects to improve the residential environment, such as housing, waterworks, and sewerage;
6. Matters regarding projects to improve and expand cultural and welfare facilities, such as education, medical service, and welfare;
7. Matters regarding projects to expand and improve social overhead capital facilities, such as roads and railroads;
8. Matters regarding the conservation of the environment and the prevention of pollution;
9. Matters regarding the inducement, development, etc. of private enterprises;
10. Matters regarding the return of a granted district incorporated in a public project and the utilization of returned districts;
11. Matters regarding financing and financial support necessary for implementing the comprehensive plan;
12. Other matters deemed necessary to achieve the purposes of this Act.
(3) When the Minister of the Interior and Safety deems it necessary for formulating the comprehensive plan under paragraph (1), he or she may establish guidelines or standards through consultation with the head of each local government. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 8(Finalization and change of comprehensive plans) #
(1) The Minister of the Interior and Safety shall finalize the comprehensive plan prepared pursuant to Article 7 through consultation with the heads of related central administrative agencies, and the same applies to an amendment to the finalized matters; provided, this shall not apply to a change of minor matters specified by Presidential Decree. <Amended on Dec. 29, 2009; Feb. 22, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) When the Minister of the Interior and Safety establishes or revises the comprehensive plan pursuant to paragraph (1), he or she shall notify the heads of related central administrative agencies and related Mayors/Do Governors thereof without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) When the Minister of the Interior and Safety consults with the head of a related central administrative agency pursuant to paragraph (1), the head of the agency requested for consultation shall present his or her opinion within 30 days from the date of such request in the absence of special circumstances. <Added on Mar. 31, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[Title Amended on Feb. 22, 2012]
Article 9(Preparation of annual project plans) #
(1) Each Mayor/Do Governor shall prepare an annual project plan (hereinafter referred to as "project plan") in accordance with the comprehensive plan established under Article 8 (1) and shall submit it to the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The Minister of the Interior and Safety shall finalize a project plan under paragraph (1) through consultation with the heads of related central administrative agencies. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) When the Minister of the Interior and Safety finalizes a project plan under paragraph (2), he or she shall notify the heads of related central administrative agencies and related Mayors/Do Governors thereof without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor shall hear their opinions of the relevant head of a Si/Gun/Gu and reflect their opinions in the business plan under paragraph (1), except in extenuating circumstances. <Amended on Oct. 20, 2020>
Article 10(Project implementers) #
(1) A person who has (hereinafter referred to as "project") under a comprehensive plan or a project plan (hereinafter referred to as "project implementer") shall be any of the following persons: <Amended on Dec. 29, 2009; Oct. 20, 2020>
1. The State;
2. A local government;
3. Public enterprises and quasi-governmental agencies under Article 5 of the Act on the Management of Public Institutions;
4. A local public corporation under the Local Public Enterprises Act;
5. A person who has obtained approval for implementation of a project under Article 11 (1).
(2) The eligibility and scope of projects that may be implemented by a project implementor referred to in any subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
(3) If a person who intends to implement a project is a person engaged in agriculture, forestry, or fisheries or an organization of such persons, or an organization of business operators engaged in such business, the head of a local government may preferentially designate such person or such organization as a project implementor.
Article 11(Approval for implementation of projects) #
(1) A person who intends to implement a project (excluding persons falling under Article 10 (1) 1 through 4) shall obtain approval from the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu (hereinafter referred to as "project approval authority") by securing financial soundness in accordance with the criteria prescribed by Presidential Decree, such as capital; provided, if a project is to be implemented across at least two Sis/Guns/Gus, the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor shall approve the project in consultation with the head of the relevant Si/Gun/Gu.
(2) When a person to whom approval has been granted pursuant to paragraph (1) intends to modify any approved matter specified by Presidential Decree, he or she shall obtain approval for such modification from the approval authority.
(3) A person who intends to obtain approval to implement a project or approval for modifications under paragraph (1) or (2), shall submit a project plan and an investment plan to a project approval authority, as prescribed by Presidential Decree. In such cases, a person who intends to obtain approval for the implementation of a project shall submit documents proving that he or she has financial soundness under the main clause of paragraph (1).
(4) A project approval authority shall approve the implementation of a project or any modification thereto after examining the feasibility, etc. of a project plan and an investment plan submitted pursuant to paragraph (3).
(5) When a project approval authority approves the implementation of a project pursuant to paragraph (1) or approves modifications to a project pursuant to paragraph (2), he or she shall give public notice thereof, as prescribed by Presidential Decree.
(6) A project approval authority may revoke approval to implement a project or approval for modifications in any of the following cases:
1. Where a project implementor fails to commence the project within two years (three years, where the implementation of a project is approved pursuant to Article 29 (3)) from the date on which the implementation of the project is approved;
2. If a project operator is found to have obtained approval of an implementation of a project or any modification thereto by fraud or other wrongful means;
3. Where it is impossible to continue implementing a project due to a change of circumstances or where it is found that a project is likely to significantly undermine public interests.
Article 12(Return and disposal of granted districts) #
(1) Upon receiving a request from the head of a local government to return or relocate a granted district incorporated in a public project, the Minister of National Defense shall negotiate preferentially with the United States of America on such return.
(2) Grounds on which the head of a local government may request to return or relocate a granted district pursuant to paragraph (1) and the criteria for such granted districts shall be prescribed by Presidential Decree.
(3) The Minister of National Defense shall formulate a plan for managing returned districts with regard to the continuous use as national defense facilities, release from requisition, or sale of such returned districts within one year from the date of return and shall report the plan to the National Assembly.
(4) When a management plan is to be established under paragraph (3), the opinions heard from the heads of the competent local governments in advance shall be reflected in the plan.
(5) The Minister of National Defense shall remove structures on the ground, structures buried underground, dangerous substances, polluted soil, etc. before he or she releases a returned district from requisition or transfers, sells, or otherwise disposes of such district; provided, any of the following cases may be exempt from the foregoing provisions: <Amended on Mar. 28, 2008; Mar. 31, 2010; Oct. 20, 2020>
1. Where a project operator wishes to continue utilizing structures on the ground or structures buried underground; In such cases, the ground surface, underground facilities, dangerous goods, soil contamination, etc., except the ground objects or underground facilities that an applicant desires to utilize, shall be removed;
2. Where the Minister of National Defense bears the expenses incurred for removing structures on the ground, structures buried underground, dangerous substances, polluted soil, etc. and requests the head of the competent local government to reinstate such district.
(6) Except for cases specified by Presidential Decree, the standards for the purification of polluted soil according to the use of land after returned shall apply to the removal of polluted soil under paragraph (5). <Added on Mar. 31, 2010>
(7) If a competent local government desires to continue using structures on the ground or structures buried underground in a returned district for public use, the Minister of National Defense shall gratuitously assign such structures to the local government. <Added on Feb. 22, 2012>
Article 13(Special cases of regulation on returned districts) #
(1) With regard to military facilities for national defense necessary for implementing a project included in the comprehensive plan or a supported urban project zone, the Minister of National Defense shall preferentially review the relocation of the military facilities for national defense, the release from requisition, or the release from the military facility projection zone.
(2) A project implemented in an area adjacent to a returned district included in the comprehensive plan shall be deemed a public project under Article 20-2 (2) of the Act on Special Measures for Readjustment of Requisitioned Properties or Article 4 (2) of the Act on Special Measures for Readjustment of Expropriated or Used Lands under the Decree on Special Measures for Expropriation or Uses of Lands in Areas to Be Mobilized under Article 5 (4) of the Act on Special Measures for National Integrity.
Article 14(Subsidization of local governments for utilization of returned districts) #
(1) If the State-owned land in a returned district that a local government intends to use to implement a project included in the comprehensive plan falls under any of the following subparagraphs, the State may fully or partially subsidize expenses incurred in purchasing the land, as prescribed by Presidential Decree: <Amended on Mar. 31, 2010>
1. Land used as a river at the time a granted district is returned, or land to be incorporated as a river pursuant to the River Act;
2. Land that the competent local government intends to develop as a road or park.
(2) If a returned district falls under any of the following subparagraphs, the head of the competent central administrative agency may allow payment by installments over a period of 5 years or more but less than 20 years: <Amended on Mar. 31, 2010; Apr. 14, 2011>
1. Where a local government or a local public corporation directly engages in implementing a project;
2. Where an association comprised of requisitioned persons or expropriated persons implements a project;
3. Where a project is implemented as a measure for livelihood of residents in need due to the relocation of the U.S. Armed Forces in Korea or a measure for relocation of residents;
4. Where a project implementor prescribed in Article 10 (1) 5 implements a project as an urban or Gun planning facility project under subparagraph 10 of Article 2 of the National Land Planning and Utilization Act; provided, the foregoing shall be limited to cases where installment payments are made until before the closing of the special account for the relocation of military bases of the U.S. Armed Forces in Korea under Article 9 of the Special Act on Support, etc. for Pyeongtaek-si, etc. Following Relocation of U.S. Military Bases in Korea.
(3) Where a local government pays the price in installments pursuant to paragraph (2), the head of the competent central administrative agency may permit it to use, and profit from, the land or may lend the land to it from the date on which the first installment is paid on the condition that a building or any other permanent facility be built on the land in accordance with an installment payment agreement; provided, if a local government fails to pay the sale price on time, the sale contract may be cancelled pursuant to Article 52 of the State Property Act. <Added on Mar. 31, 2010>
(4) Where a returned district is sold to the private sector, the central government shall consult in advance with the head of the competent local government thereon to ensure that such sale conforms to the comprehensive plan under Article 7 and the land-use plan of the local government. <Amended on Mar. 31, 2010>
Article 15(Special cases concerning establishment of new factories) #
(1) Notwithstanding the provisions of Article 20 (1) of the Industrial Cluster Development and Factory Establishment Act and Articles 7 and 8 of the Seoul Metropolitan Area Readjustment Planning Act, a new factory (including a knowledge industrial center) with a factory building area of not less than 500 square meters may be built or a factory may be extended to one with a factory building area of not less than 500 square meters with regard to a project for developing an industrial complex or industrial site implemented in a returned district or an area adjacent to a returned district in an over-concentration control region or growth management region under Article 6 (1) 1 or 2 of the Seoul Metropolitan Area Readjustment Planning Act, in accordance with the comprehensive plan or a development plan of a supported urban project zone; provided, the construction of a new factory shall be limited to use for business types specified by Presidential Decree. <Amended on Mar. 31, 2010; Apr. 12, 2010>
(2) With regard to factories newly built or extended pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall separately allocate a total permissible quantity of factories in the Special Metropolitan City, Metropolitan City, or a Do having jurisdiction over an area adjacent to a returned district, subject to deliberation thereon by the Seoul Metropolitan Area Readjustment Committee under Article 21 of the Seoul Metropolitan Area Readjustment Planning Act, notwithstanding the provisions of Article 18 of said Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 20, 2020>
(3) With regard to a project implemented pursuant to paragraphs (1) and (2), the head of a Si/Gun/Gu shall be exempted from deliberation by the Seoul Metropolitan Area Readjustment Committee, if he or she implements a project for developing an industrial site as a large-scale development project or intends to permit, approve, or consult on such project, notwithstanding the provisions of Article 19 of the Seoul Metropolitan Area Readjustment Planning Act. <Amended on Oct. 20, 2020>
Article 16(Designation and development of foreign investment zones) #
(1) If necessary to induce investment that meets the standards prescribed by Presidential Decree to a returned district or an area adjacent to a returned district, the competent Mayor/Do Governor may designate the area in which investors desire to invest as a foreign investment zone, subject to deliberation by the Foreign Investment Committee under Article 27 of the Foreign Investment Promotion Act. <Amended on Mar. 31, 2010>
(2) The public notice, development, and management of a foreign investment zone referred to in paragraph (1) and the cancellation of such zone shall be governed by the Foreign Investment Promotion Act.
(3) Articles 9, 13, 14, 14-2, 14-3, and 17 of the Foreign Investment Promotion Act shall apply mutatis mutandis to support for foreign investment in a foreign investment zone referred to in paragraph (1).
Article 17(Special cases concerning relocation of schools) #
(1) Notwithstanding the provisions of Articles 7 and 8 of the Seoul Metropolitan Area Readjustment Planning Act, the head of a central administrative agency and a Mayor/Do Governor may permit, authorize, approve, or consult on the relocation or extension of a school, among population-concentrating facilities under subparagraph 3 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, to or in a returned district or an area adjacent to a returned district. <Amended on Mar. 31, 2010>
(2) Article 18 of the Seoul Metropolitan Area Readjustment Planning Act shall not apply to the relocation or extension of a school under paragraph (1).
(3) An eligible zone for an area adjacent to a returned district under paragraph (1) shall be prescribed by Presidential Decree.
Article 18(Special cases of establishment and operation of foreign educational institutions) #
(1) Notwithstanding the provisions of Article 3 of the Private School Act, a foreign school foundation may establish a foreign educational institution in a returned district or an area adjacent to a returned district specified by Presidential Decree with approval from a project approval authority: <Amended on Feb. 29, 2008; Mar. 31, 2010; Mar. 23, 2013; Feb. 18, 2020>
1. Foreign educational institutions equivalent to kindergartens defined in subparagraph 2 of Article 2 of the Early Childhood Education Act or schools specified in Article 2 of the Elementary and Secondary Education Act: The superintendent of education having jurisdiction over the region where the relevant foreign educational institution is to be established;
2. Foreign educational institutions equivalent to schools specified in Article 2 of the Higher Education Act: The Minister of Education.
(2) As to matters regarding the establishment and operation of, and support for foreign educational institutions under paragraph (1) and the appointment of faculty, Article 22 (3) through (9) of the Special Act on Designation and Management of Free Economic Zones and Article 12 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City shall apply mutatis mutandis. <Amended on Jan. 30, 2009; Mar. 31, 2010>
Article 19(Special cases for financial support for education) #
If the Minister of Education deems it necessary for achieving the educational objectives in relation to the development of a returned district or an area adjacent to a returned district, he or she may specially grant a local education subsidy under the Local Education Subsidy Act, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 31, 2010; Mar. 23, 2013>
Article 20(Designation of supported urban project zones) #
(1) To revitalize the local economy of an area which has become hollow as a consequence of the relocation of a military base of the U.S. Armed Forces in Korea, and facilitate the development of underdeveloped areas, the Minister of Land, Infrastructure and Transport may designate a supported urban project area, notwithstanding the provisions of Articles 8 and 22 of the National Land Planning and Utilization Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Any of the following persons may prepare necessary matters specified by Presidential Decree and propose the designation of a supported urban project zone to the Minister of Land, Transport and Maritime Affairs. The Minister of Land, Infrastructure and Transport may, in return, preferentially designate a person who proposes such designation as a project implementor (hereinafter referred to as "implementor of a supported urban development project"): <Amended on Feb. 29, 2008; Mar. 28, 2008; Mar. 31, 2010; Mar. 23, 2013>
1. The State;
2. A local government;
3. A public institution under Article 4 of the Act on the Management of Public Institutions;
4. Any local government-invested public corporation under the Local Public Enterprises Act;
5. A private developer qualified for the implementation of a project referred to in any of subparagraphs 2 through 6 of Article 22.
(3) When the Minister of Land, Infrastructure and Transport intends to designate or alter a supported urban project zone under paragraph (1), he or she shall consult in advance with the heads of related central administrative agencies and the head of the competent local government; provided, the foregoing shall not apply to the cancellation of a supported urban project zone nor to any modification to minor matters specified by Presidential Decree. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013>
(4) When the Minister of Land, Infrastructure and Transport designates, alters, or cancels a supported urban project zone, he or she shall give a public notice thereof in the official gazette, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) When the Minister of Land, Infrastructure and Transport intends to designate a supported urban project zone pursuant to paragraph (1), he or she shall hear opinions of residents, related experts, etc., as prescribed by Presidential Decree; provided, this shall not apply to any modification to minor matters specified by Presidential Decree. <Amended on Feb. 29, 2008;Mar. 23, 2013>
Article 21(Approval for development plans of supported urban project zones) #
(1) When the implementor of a supported urban development project intends to formulate a development plan of a supported urban project zone or intends to revise an approved development plan, as prescribed by Presidential Decree, it shall obtain approval from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the heads of related central administrative agencies and the head of the competent local government regarding the details of the development plan of the supported urban project zone, but the foregoing shall not apply to any modification to a minor matter specified by Presidential Decree. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall provide a public notice of the details of the approval or revised approval of a development plan under paragraph (1) through the official gazette, as prescribed by Presidential Decree, and shall forward copies of relevant documents to the head of the competent local government. In such cases, the head of the competent local government in receipt of copies of the relevant documents shall make them available for public perusal. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 22(Effects of designation of supported urban project zones) #
When a supported urban project zone is designated (including cases where such designation is altered) pursuant to Article 20 (1) or a development plan of a supported urban project zone is approved (including cases where such approval is revised) pursuant to Article 21 (1), any of the following designation or approval shall be deemed made or granted, and such project or plan shall be implemented in accordance with the procedure prescribed by any of the following Acts, whichever is relevant, except as specifically provided for in this Act: <Amended on Apr. 6, 2007; Apr. 11, 2007; Dec. 29, 2009; Apr. 14, 2011; May 30, 2011>
1. Approval or revised approval of an urban or Gun master plan under Article 22 of the National Land Planning and Utilization Act;
2. Designation of an urban development zone under Article 3 of the Urban Development Act or the establishment of an urban development project plan under Article 4 of said Act;
3. Designation of a housing site development zone under Article 3 of the Housing Site Development Promotion Act or approval of a housing site development plan under Article 8 of said Act;
4. Designation of a national industrial complex, general industrial complex, or urban high-tech industrial complex under Article 6, 7, or 7-2 of the Industrial Sites and Development Act;
5. Designating a general logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities;
6. A master plan for the development of tourism under Article 50 of the Tourism Promotion Act, a regional plan under Article 51 of said Act, the designation of a tourist destination under Article 52 of said Act, or approval of a development plan under Article 54 of said Act.
Article 23(Employment-stabilizing programs) #
(1) If the employment situation deteriorates, or is likely to deteriorate in an area adjacent to a returned district due to relocation of the U.S. Armed Forces in Korea, the Minister of Employment and Labor shall preferentially conduct employment-stabilizing programs under Article 19 of the Employment Insurance Act. <Amended on May 11, 2007; Jun. 4, 2010>
(2) When the Minister of Employment and Labor preferentially conducts employment-stabilizing programs pursuant to paragraph (1), he or she shall consult with the head of the competent local government on the implementation of such programs as necessary. <Amended on Jun. 4, 2010>
(3) A project implementor shall preferentially employ local residents in the neighborhood of its project site, as prescribed by Presidential Decree.
(4) If a business operator in an area adjacent to a returned district changes his or her type of business or promotes the rationalization of business management and thus maintains the employment relationship with existing employees or hires new employees, the State or a local government may grant such business operator a subsidy or a loan for part of facilities necessary for the change of the type of business or the rationalization of business management, the operating fund, or wages, as prescribed by Presidential Decree.
(5) A person who implements a project included in the comprehensive plan and deemed a public project pursuant to Article 13 (2) may specially provide original owners of land (including requisitioned or expropriated persons) and their heirs with land for means of their livelihood or other related facilities, as prescribed by Presidential Decree.
Article 24(Support for infrastructure) #
(1) The head of a related central administrative agency shall provide support necessary for establishing the infrastructure specified in Article 2 of the Act on Public-Private Partnerships in Infrastructure, including traffic facilities, electricity, waterworks, etc. preferentially in areas adjacent to a granted district, returned districts, and areas adjacent to a returned district. <Amended on Mar. 31, 2010>
(2) Notwithstanding Article 85 (1) of the Road Act, the head of a related central administrative agency shall provide subsidy to cover part of the expenses incurred by a local government in constructing a road. <Amended on Mar. 21, 2008; Jan. 14, 2014>
[Title Amended on Mar. 31, 2010]
Article 25(Support for social welfare and education of U.S. Armed Forces in Korea) #
(1) When a local government establishes welfare facilities, such as social welfare facilities, hospitals, and youth centers, in an area adjacent to a granted district, a returned district, or an area adjacent to a returned district, the head of a central administrative agency may preferentially subsidize the expenses incurred therein. <Amended on Mar. 31, 2010>
(2) The head of a local government shall consult with the commander of a military unit of the U.S. Armed Forces in Korea stationed in his or her jurisdiction to conduct education on the custom, laws, etc. of the Republic of Korea and trips to industrial and cultural facilities of the Republic of Korea on a regular basis to raise awareness of the Republic of Korea and prevent various incidents and accidents, and the State may preferentially subsidize the expenses incurred therein.
Article 26(Support for educational, cultural or tourism facilities) #
(1) The head of a central administrative agency shall subsidize the expenses to be incurred in appropriately establishing and inducing schools, cultural facilities, including culture and art centers, libraries, and museums, facilities for tourism, lodging, and amusement, and sports facilities (hereinafter referred to as "educational, cultural or tourism facilities") in an area adjacent to a granted district, a returned district, or an area adjacent to a returned district. <Amended on Mar. 31, 2010>
(2) Preferential authorization, permission, or similar may be granted to a person who intends to establish educational, cultural or tourism facilities in accordance with paragraph (1) or who intends to relocate such facilities established in any area other than an area adjacent to a granted district, a returned district, or an area adjacent to a returned district into an area adjacent to a granted district, a returned district, or an area adjacent to a returned district. <Amended on Mar. 31, 2010>
Article 27(Support for agriculture, forestry, maritime affairs and fisheries) #
(1) The central government or a local government may provide support, as prescribed by Presidential Decree, to nurture a production infrastructure for agriculture, forestry, maritime affairs, and fisheries in an area adjacent to a granted district. <Amended on Oct. 16, 2018>
(2) The State shall strive to supply agricultural livestock or fisheries products produced in an area adjacent to a granted district or an area adjacent to a returned district preferentially to military units. <Added on Oct. 16, 2018>
Article 28(Implementation of measures against environmental pollution and preventive measures) #
(1) The Minister of Climate, Energy and Environment shall conduct a basic environmental survey on areas adjacent to a granted district and areas adjacent to a returned district on a regular basis and shall establish and implement measures against environmental pollution and preventive measures based on such surveys; provided, basic environmental surveys on an area adjacent to a returned district shall be conducted until before the removal of polluted soil in a returned district under Article 12 (5) is completed. <Amended on Mar. 28, 2008; Feb. 22, 2012; Oct. 1, 2025>
(2) Methods and timing of the basic environmental surveys under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
Article 29(Legal fiction of authorization and permission) #
(1) When there is approval for implementation of a project or approval for modification thereto under Article 11 (1) or (2), a permission, authorization, designation, approval, consultation, reporting, cancellation, decision, consent, or similar under the following subparagraphs (hereinafter referred to as "authorization or permission") shall be deemed granted, made, or completed with regard to the matters on which consultation with the head of a related central administrative agency and the head of a local government is completed pursuant to paragraph (2): <Amended on Apr. 6, 2007; Apr. 11, 2007; Apr. 27, 2007; May 17, 2007; Mar. 21, 2008; Mar. 21, 2008; Mar. 28, 2008; Jan. 30, 2009; Jun. 9, 2009; Dec. 29, 2009; May 31, 2010; Apr. 14, 2011; May 30, 2011; Aug. 4, 2011; Mar. 23, 2013; May 22, 2013; Jan. 14, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Jan. 29, 2020; Oct. 20, 2020; Nov. 30, 2021>
1. Determination on an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; determination on a district unit planning zone under Article 51 of said Act; a permission to engage in development activities under Article 56 of said Act; designation of the implementor of an urban or Gun planning facility project under Article 86 of said Act; or authorization of an implementation plan under Article 88 of said Act;
2. Designation of an urban development zone under Article 3 of the Urban Development Act and approval from the Minister of Land, Infrastructure and Transport thereof; establishment of an urban development project plan under Article 4 of said Act; designation of an implementor under Article 11 of said Act; or approval of an implementation plan under Article 17 of said Act;
3. Designation of a housing site development zone under Article 3 of the Housing Site Development Promotion Act or approval of a housing site development plan under Article 8 of said Act;
4. Designation of a national industrial complex, a general industrial complex, or an urban high-tech industrial complex under Article 6, 7, or 7-2 of the Industrial Sites and Development Act;
5. Designation of a logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities or approval of an implementation plan for a logistics complex development project under Article 28 of said Act;
6. Formulation of the master plan for the development of tourism under Article 50 of the Tourism Promotion Act or a regional plan for the development of tourism under Article 51 of said Act; designation of a tourist destination or a tourism complex under Article 52 of said Act; approval of a development plan under Article 54 of said Act; or a permission to implement a development project under Article 55 (3) of said Act;
Article 30(Vesting and transfer of ownership of public facilities) #
(1) Where a project implementor establishes a new public facility or a new public facility in replacement of an existing public facility as a result of implementing a project under this Act, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the vesting of ownership of the public facility. In such cases, the project implementor shall be deemed to have obtained permission for development activities.
(2) Matters necessary for the standards for the appraisal of the asset value of a public facility, the ownership of which shall be vested or transferred pursuant to paragraph (1) or the expenses incurred in establishing such public facility shall be prescribed by Presidential Decree.
Article 31(Expropriation of land) #
(1) If necessary for implementing a project, a project implementor may expropriate (including "use"; the same shall apply hereinafter) land, goods, or rights prescribed in Article 2 of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter referred to as "land or other property").
(2) Except as provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation of land or other property under paragraph (1).
(3) A project operator may entrust the purchase of land, etc. to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 20, 2020>
(4) The Central Land Tribunal shall be the land tribunal having jurisdiction over adjudication on the expropriation of land or other property under paragraph (1).
(5) When the implementation of a project under Article 11 is approved and a development plan of a supported urban project zone under Article 21 is approved, approval of a project and the public notice on approval of the project under Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted or made, and a petition for adjudication shall be filed during the period for project implementation stipulated in the project plan under Article 9 and the development plan of the supported urban project zone under Article 21, notwithstanding the provisions of Articles 23 and 28 of said Act. <Amended on Oct. 20, 2020>
(6) A project implementor shall formulate and implement measures under Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the relocation of the persons who will lose access to their means of livelihood by providing the land or other property necessary for implementing the project.
Article 32(Supply of developed land) #
A project implementor may fully or partially collect the price for the land or any facility developed by it from the persons who intends to buy or use the land or facility, as prescribed by Presidential Decree.
Article 33(Special case of establishment of local public corporations) #
If necessary for implementing the comprehensive plan, the head of a local government may permit any person other than the local government to invest in a local public corporation by not less than 1/2 of its capital below the upper limit for investing as specified by municipal ordinance, notwithstanding the provisions of Article 53 (2) of the Local Public Enterprises Act.
Article 34(Subsidization and arrangement for project expenses) #
(1) The State and each Mayor/Do Governor may increase subsidies preferentially for projects included in the comprehensive plan specified by Presidential Decree and for social overhead capital projects that support the projects included in the comprehensive plan, notwithstanding the rate of differential subsidization under Article 10 of the Subsidy Management Act and the rate of subsidization under any other Act. In such cases, such rate of subsidization shall be specified by Presidential Decree. <Amended on Jul. 25, 2011>
(2) The Minister of the Interior and Safety may grant a special local subsidy under the Local Subsidy Act to support a project under the comprehensive plan, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) If necessary for efficiently implementing the comprehensive plan, the State or a local government may grant a subsidy or a loan to a project implementor under Article 10 (1) 5, arrange a loan, or take any other measure with regard to funds necessary for implementing such project, as prescribed by Presidential Decree.
(4) A project implementor under Article 10 (1) 5 may execute a public loan agreement, as provided for by the Introduction and Management of Public Loans Act.
(5) A project implementor under Article 10 (1) 5 or the implementor of a supported urban development project shall preferentially invest the development gains accrued from implementing the project or the supported urban project included in the comprehensive plan in infrastructure, such as roads, and facilities for culture, tourism, and welfare in the area adjacent to the granted district or the area adjacent to the returned district and its adjoining areas.
Article 34-2(Subsidization for implementation of comprehensive plan) #
The State or a local government may provide support necessary for implementing the comprehensive plan within budgetary limits.
[This Article Added on Mar. 28, 2008]
Article 35(Reduction of and exemption from taxes and charges) #
(1) If necessary for smoothly implementing the comprehensive plan or a development plan of a supported urban project zone, the State or a local government may fully or partially exempt persons who establish a company in an area adjacent to a granted district, a returned district, or an area adjacent to a returned district and persons who relocate their factories into an area adjacent to a granted district, a returned district, or an area adjacent to a returned district from taxes, as provided for by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, and ordinance of the competent local government. <Amended on Mar. 31, 2010>
(2) If necessary for smoothly implementing the comprehensive plan or a development plan of a supported urban project zone, the State or a local government may exempt a project implementor fully or partially from the development charge under the Restitution of Development Gains Act, the expenses for development of farmland under the Farmland Act, the expenses for development of substitute grassland under the Grassland Act, and charges for the occupancy and use of public waters under the Public Waters Management and Reclamation Act. <Amended on Oct. 24, 2017>
(3) If authorization, permission, or similar is granted pursuant to a relevant Act with regard to the implementation of a project included in the comprehensive plan or a development plan of a supported urban project, fees and charges that shall be otherwise imposed for such authorization, permission, or similar shall be exempt.
Article 36(Delegation of authority) #
The head of the relevant central administrative agency may delegate part of his or her authority under this Act to the Mayor/Do Governor or the head of a Si/Gun, as prescribed by Presidential Decree. <Amended on Oct. 20, 2020>
Article 37(Submission of Materials and Entry for Inspection) #
(1) A project approval authority may order a project implementor under Article 10 (1) 5 or (3) to submit materials or assign public officials under his or her control to enter a place of business to conduct an inspection. <Amended on Oct. 20, 2020>
(2) Public officials in charge of entry and inspection under paragraph (1) shall carry with them an identification card indicating their authority and shall produce it to relevant persons.
Article 38(Hearings) #
A project approval authority shall hold a hearing to revoke approval to implement a project or approval for modifications pursuant to Article 11 (6). <Amended on Oct. 20, 2020>
Article 39(Administrative fine) #
(1) A person who fails to comply with an order to submit materials pursuant to Article 37 (1), who submits false materials, or who rejects, interferes with, or evades an inspection shall be punished by an administrative fine not exceeding two million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by a project approval authority. <Amended on Oct. 20, 2020>
(3) Deleted. <Oct. 16, 2018>
(4) Deleted. <Oct. 16, 2018>
(5) Deleted. <Oct. 16, 2018>