Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Special Act on Support for Areas Adjacent to Districts Granted to the United States Armed Forces in Korea and matters necessary for the enforcement thereof.
Article 2(Scope of areas adjacent to districts granted) #
(1) “Areas prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Special Act on Support for Areas Adjacent to Districts Granted to the United States Armed Forces in Korea (hereinafter referred to as the “Act”) means the areas in Appendix 1.
(2) “Areas prescribed by Presidential Decree” in subparagraph 4 of Article 2 of the Act means the areas in Appendix 2.
Article 3(Scope of supported urban project zones) #
The zones designated and publicly notified under subparagraph 6 of Article 2 of the Act shall be zones with an area of 300,000 square meters or more, designated and publicly notified by the Minister of Land, Infrastructure and Transport after consultation with the heads of relevant central administrative agencies and the heads of local governments having jurisdiction under Article 20(3) of the Act from among areas falling under any of the following subparagraphs:
1. Areas of a local government (referring to an administrative city in the case of a Special Self-Governing Province; hereinafter the same shall apply in this Article) in which Eup, Myeon, or Dong prescribed in Appendix 2 is located;
2. Areas of a local government adjacent to the area referred to in subparagraph 1.
[This Article Wholly Amended on Sep. 13, 2016]
Article 4 #
Deleted. <Jun. 15, 2010>
Article 5 #
Deleted. <Jun. 15, 2010>
Article 6 #
Deleted. <Jun. 15, 2010>
Article 7 #
Deleted. <Jun. 15, 2010>
Article 8(Establishment of comprehensive plans) #
(1) When a Mayor/Do Governor establishes a comprehensive plan under Article 7(1) of the Act, he or she shall hold a public hearing to listen to the opinions of residents and relevant experts.
(2) When a Mayor/Do Governor intends to hold a public hearing under paragraph (1), he or she shall publicly announce the following matters at least once in at least 2 daily newspapers, the official gazette, the Internet website, or broadcasts, etc., that have the area of the relevant City/Do as their main distribution area, by no later than 14 days before the scheduled date of the public hearing: <Amended on Nov. 24, 2020>
1. The purpose of the public hearing;
2. The date, time, and venue of the public hearing;
3. An outline of the comprehensive plan;
4. Matters concerning applications for the presentation of opinions;
5. Other necessary matters.
(3) When a Mayor/Do Governor establishes a comprehensive plan under Article 7(1) of the Act, he or she shall listen to the opinions of the head of a Si/Gun/Gu and shall reflect them in the comprehensive plan unless there is a special reason to the contrary.
Article 9(Minor changes to comprehensive plans) #
“ Minor matters prescribed by Presidential Decree” in the proviso of Article 8(1) of the Act means any of the following matters: <Amended on Jun. 15, 2010>
1. A change in the area within the range not exceeding 30/100 of the original project plan area;
2. A change in the budget within the range not exceeding 30/100 of the budget required for the implementation of the finalized comprehensive plan.
Article 10(Targets and scope of projects) #
Targets and scope of projects under Article 10(2) of the Act shall be as follows: <Amended on Jun. 5, 2008, Jun. 20, 2008, Jun. 15, 2010, Apr. 10, 2012, Dec. 22, 2015, Jul. 2, 2019>
1. Housing construction projects (including incidental projects) and housing site preparation projects under the Housing Act;
2. Housing site development projects under the Housing Site Development Promotion Act;
3. Urban or county planning facility projects under the National Land Planning and Utilization Act;
4. Refurbishment projects under the Act on the Improvement of Urban Areas and Residential Environments;
5. Urban development projects under the Urban Development Act;
6. Promotion projects for urban refurbishment under the Special Act on the Promotion of Urban Renewal;
7. Rural area development projects under the Framework Act on Agriculture and Fisheries, Rural Community, and Food Industry;
7-2. Fishing village area development projects under the Framework Act on Fisheries and Fishing Villages Development;
8. Projects to create various industrial complexes under the Industrial Sites and Development Act;
9. Border area comprehensive development projects under the Border Area Support Act;
10. Projects to create tourist attractions and tourist complexes under the Tourism Promotion Act;
11. Relocation or expansion of schools under the Higher Education Act;
12. Projects to create parks and green areas under the Act on Urban Parks and Green Areas;
13. Projects to install sewerage under the Sewerage Act;
14. Other projects that the Minister of the Interior and Safety recognizes as necessary for the development or utilization of areas adjacent to districts granted, returned districts, or areas adjacent to returned districts and publicly notifies.
Article 11(Approval for implementation of projects) #
(1) A person who intends to obtain approval for the implementation of a project under Article 11(1) of the Act shall submit a project plan and investment plan including the following matters, and documents proving that he or she falls under any of the subparagraphs of paragraph (2), to the competent Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor where the project is to be implemented across 2 or more Sis/Guns/Gus; hereinafter referred to as "approving authority"): <Amended on May 25, 2021>
1. Name and purpose of the project;
2. Details and scale of the project;
3. Address of the project implementer and name of the representative;
4. Scale of the estimated project cost and methods of raising financial resources;
5. Implementation period of the project;
6. Location of the project (including a location map);
7. Plan to secure the required land;
8. Effects of the project;
9. Relevant drawings.
(2) "Financial soundness according to the criteria prescribed by Presidential Decree, such as capital" in the main clause of Article 11(1) of the Act means any of the following cases: <Added on May 25, 2021; Mar. 7, 2023>
1. Where a person has registered for a business type that performs general construction works (limited to civil engineering works and civil engineering and building works) under the Framework Act on the Construction Industry, and his or her capital or the appraised value of construction capability for the relevant year publicly announced under Article 23 of that Act is at least the annual average project cost (excluding compensation costs) required for the relevant project;
2. Where a person owns at least 50/100 of the land area of the project zone;
3. Where a person is a real estate trust company to which at least 1/3 of the land area of the project zone has been placed in trust;
4. Where the corporate bond evaluation or corporate credit evaluation by a credit rating company that has obtained authorization for credit rating business under Article 335-3 of the Financial Investment Services and Capital Markets Act is at least a grade publicly notified by the Minister of the Interior and Safety as appropriate for investment, and the person meets at least 2 of the following requirements, including the requirement in item a:
Article 12(Public notice of approval for projects) #
An approving authority shall publicly notify the following matters on a bulletin board, in the local official gazette, or on the internet website, etc., under Article 11(5) and (8) of the Act, and may publicly notify them in a daily newspaper that has the area of the relevant City/Do as its main distribution area, if necessary:
1. Name and purpose of the project;
2. Name and address of the project implementer;
3. Outline of the project;
4. Project implementation period;
5. Matters concerning land to be expropriated or used.
Article 13(Criteria for requesting return of districts granted) #
Districts granted for which a person may request return, relocation, etc., under Article 12(2) of the Act shall be any of the following areas among districts granted:
1. Areas necessary for the implementation of comprehensive plans and development plans for supported urban project zones;
2. Areas consistent with land use plans for the installation of public facilities of the relevant local government;
3. Areas scheduled for cancellation of grant or return among granted land due to relocation of the United States Armed Forces in Korea or non-use of bases and training grounds.
Article 14(Subsidies for expenses for purchasing State-owned land within returned districts) #
(1) Criteria for subsidizing purchase expenses under Article 14(1) of the Act shall be as follows: <Amended on Jun. 15, 2010>
1. In the case of roads and rivers: At least 60/100 of the purchase expenses;
2. In the case of parks: At least 60/100 of the purchase expenses if the relevant local government directly creates the park; and not more than 50/100 of the purchase expenses in other cases.
(2) In subsidizing purchase expenses to a local government under paragraph (1), the State may provide subsidies differentially in consideration of the financial conditions of the relevant local government, the ratio of the area of districts granted, and the ratio of the area of parks, roads, and rivers per resident, etc.
(3) Criteria for calculating the financial conditions of a local government, the ratio of the area of districts granted, and the ratio of the area of parks, roads, and rivers per resident under paragraph (2) shall be as prescribed in Appendix 3.
Article 15(Business types for which establishment of factories is permitted) #
Business types prescribed by Presidential Decree in the proviso of Article 15(1) of the Act shall be as prescribed in Appendix 4. <Amended on Dec. 17, 2008>
Article 16(Designation and development of foreign investment zones) #
"Investment meeting the criteria prescribed by Presidential Decree" in Article 16(1) of the Act means foreign investment falling under any of the following subparagraphs; in such cases, in calculating the amount of foreign investment, if a foreign investor is a foreign corporation whose stocks or shares are directly or indirectly owned by a national of the Republic of Korea (excluding those falling under Article 3 of the Enforcement Decree of the Foreign Investment Promotion Act) or a corporation of the Republic of Korea, the amount calculated by excluding the portion corresponding to the ownership ratio calculated according to the calculation methods under Article 116-2(11) and (12) of the Enforcement Decree of the Act on Restriction on Special Cases concerning Taxation from the investment amount shall be deemed the amount of foreign investment: <Amended on Jan. 17, 2011>
1. Where the amount of foreign investment is at least 10 million US dollars and a factory or facility is newly installed to engage in the manufacturing business or the business under Article 116-2(1) of the Enforcement Decree of the Act on Restriction on Special Cases concerning Taxation;
2. Where the amount of foreign investment is at least 5 million US dollars and a facility or place of business is newly installed to engage in any of the following businesses:
a. Engineering business under subparagraph 3 of Article 2 of the Engineering Industry Promotion Act;
b. Value-added communication business;
c. Research and development business;
d. Information processing and other computer operation-related business;
e. Science and technology service business;
f. Deleted; <Dec. 17, 2008>
g. Business falling under Article 116-2(3)3a through e of the Enforcement Decree of the Act on Restriction on Special Cases concerning Taxation;
h. Business falling under Article 116-15(1)2 through 6 of the Enforcement Decree of the Act on Restriction on Special Cases concerning Taxation;
i. Business that provides tourists with facilities of one type among the hotel businesses under Appendix 1, 2a through d of the Enforcement Decree of the Tourism Promotion Act or engages in the resort condominium business under subparagraph 3 of the same table;
j. Business that provides tourists with one or more types of facilities among specialized resort facilities under Appendix 1, 4a2)a) through r) of the Enforcement Decree of the Tourism Promotion Act.
Article 17(Scope of areas adjacent to returned districts according to special cases for relocation of schools) #
Areas adjacent to returned districts under Article 17(3) of the Act shall be as prescribed in Appendix 2.
Article 18(Establishment of foreign educational institutions) #
"Returned districts or areas adjacent to returned districts prescribed by Presidential Decree" in Article 18(1) of the Act means areas publicly notified by the Minister of Education after consultation with the heads of relevant central administrative agencies and the heads of local governments having jurisdiction as supported urban project zones including foreign investment zones designated under Article 16(1) of the Act. <Amended on Feb. 29, 2008, Jun. 15, 2010, Mar. 23, 2013>
Article 19(Special support for educational finance) #
The scope within which special support for local education subsidies may be provided under Article 19 of the Act shall be support projects necessary for the improvement of educational conditions of schools at each level located in a returned grant area or a surrounding area of a returned grant area in connection with the development of the returned grant area or the surrounding area of the returned grant area. <Amended on Jun. 15, 2010>
Article 20(Proposal for designation of supported urban project zones) #
(1) A person who intends to propose the designation of a supported urban project zone under Article 20(2) of the Act shall submit a proposal for designation of a supported urban project zone in Form 1 to the Minister of Land, Infrastructure and Transport, accompanied by the following documents and drawings; in such cases, the Minister of Land, Infrastructure and Transport shall verify the cadastral map and forest map through the shared use of administrative information under Article 36(1) of the Electronic Government Act: <Amended on Feb. 29, 2008; Dec. 31, 2008; May 4, 2010; Apr. 10, 2012; Mar. 23, 2013>
1. A survey report on the supported urban project zone in Form 2;
2. A location map at a scale of 1:25,000;
3. A topographic map at a scale of 1:50,000, indicating the boundaries of the supported urban project zone and the reasons for the determination thereof;
4. Deleted; <Dec. 31, 2008>
5. Documents stating the current status of the city;
6. Survey data on the current status of incorporated farmland and forests;
7. Photographs of the current status;
8. Data related to the wide-area transport system of the supported urban project zone;
9. Data necessary for environmental review, including the following matters:
a. Data on ecological characteristics, such as the vegetation of the supported urban project zone and the current status of development in its adjacent areas;
b. Current status of the degree of pollution and pollution sources in the supported urban project zone;
c. Prediction of impacts and measures to reduce impacts on the natural environment, such as ecosystems, and the living environment, such as air, water quality, soil, waste, noise, vibration, and odor, caused by the implementation of supported urban projects;
10. Documents concerning the approval or modified approval of an urban or county master plan under subparagraph 1 of Article 22 of the Act.
(2) "Changes to minor matters prescribed by Presidential Decree" in the proviso of Article 20(3) of the Act means changes falling under any of the following subparagraphs:
1. A change in the name of the supported urban project zone;
Article 21(Collection of opinions on designation of supported urban project zones) #
(1) Where the Minister of Land, Infrastructure and Transport intends to listen to the opinions of residents and relevant experts, etc. concerning the designation of a supported urban project zone under Article 20(5) of the Act, he or she shall publicly announce the name, location, area, etc. of the supported urban project zone to be designated and make the relevant documents available for public inspection for at least 14 days from the date of public announcement. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Residents and relevant experts who have opinions on the draft designation of a supported urban project zone publicly announced under paragraph (1) shall submit their opinions to the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu within 30 days from the date of public announcement, and the head of the Si/Gun/Gu shall immediately forward the submitted opinions to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) "Changes to minor matters prescribed by Presidential Decree" in the proviso of Article 20(5) of the Act means changes falling under any of the subparagraphs of Article 20(2).
Article 22(Approval of development plans for supported urban project zones) #
(1) Where a supported urban developer intends to obtain approval (including modified approval) for a supported urban development plan under Article 21(1) of the Act, he or she shall prepare an application for approval of a development plan for a supported urban project zone including the following matters and submit it to the Minister of Land, Infrastructure and Transport: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Type and name of the project;
2. Location and area of the project (including a location map);
3. Name and address of the project implementer and the name of the representative;
4. Implementation period of the project;
5. Plan for securing and using required land;
6. Details of any designation, approval, etc., deemed to have been made or obtained under the subparagraphs of Article 22 of the Act;
7. Other matters the Minister of Land, Infrastructure and Transport recognizes as necessary for the implementation of the project.
(2) "Changes to minor matters prescribed by Presidential Decree" in the latter part of Article 21(1) of the Act means changes falling under any of the following subparagraphs: <Amended on Jun. 15, 2010>
1. A change in the name of the project;
2. A change of less than 30/100 of the project area and a change in the land use plan for the changed area.
(3) Matters to be publicly notified by the Minister of Land, Infrastructure and Transport in the Official Gazette under Article 21(2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. The name of the project;
2. Name and address of the project implementer and the name of the representative;
3. Purpose and outline of the project;
4. Implementation period of the project;
5. Current status of land, etc., to be expropriated or used, and details of ownership and rights other than ownership.
Article 23(Preferential employment of local residents) #
(1) When a project implementer intends to preferentially employ local residents under Article 23(3) of the Act, he or she shall prepare a recruitment plan by field and an employment plan for special technicians and technical qualification holders, and request the head of a Si/Gun/Gu or the head of an employment security office under subparagraph 1 of Article 4 of the Employment Security Act (hereinafter referred to as "head of an employment security office") to recommend employment before commencing the project.
(2) Upon receiving a request for employment recommendation under paragraph (1), the head of a Si/Gun/Gu or the head of an employment security office shall take necessary measures, such as recommending employment, so that local residents can be preferentially employed.
Article 24(Support for change of business types and management rationalization) #
Under Article 23(4) of the Act, where a small or medium enterprise promotes a business change project under the Special Act on Promotion of Business Change of Small and Medium Enterprises, the Minister of SMEs and Startups may provide necessary project costs in accordance with the same Act. <Amended on Jul. 26, 2017>
Article 25(Support for land owners according to implementation of comprehensive plan projects) #
(1) A project implementer who performs a housing construction project or a housing site preparation or development project included in a comprehensive plan may preferentially sell or supply housing or land to the original owner of the land (including a requisitioned or expropriated person) and his or her heirs under Article 23(5) of the Act; provided, the preferential sale of housing shall be limited to cases where the house of the original owner of the land or his or her heirs is demolished due to the implementation of the project.
(2) A person who intends to receive preferential sale or supply of housing or land under paragraph (1) shall apply to the project implementer, accompanied by documents proving the fact of original ownership of the land, the fact of inheritance, or the fact of being requisitioned or expropriated.
Article 26(Fostering and support of production foundations for agriculture, forestry, oceans, and fisheries) #
Support for fostering production foundations for agriculture, forestry, oceans, and fisheries under Article 27 of the Act shall be provided by arranging loans for funds required to perform projects finalized in a comprehensive plan or by providing loans from relevant special accounts or funds.
Article 27(Methods and timing of basic environmental surveys) #
Methods, timing, etc., of basic environmental surveys under Article 28(2) of the Act shall be as follows: <Amended on May 22, 2012; Oct. 1, 2025>
1. The scope of basic environmental surveys shall include planning, surveys, and remediation measures for the quality of groundwater and surface water, atmosphere, soil, etc.;
2. Basic environmental surveys shall be conducted every 5 years; provided, where environmental pollution is confirmed as a result of a basic environmental survey or where an environmental pollution accident occurs, the cycle of basic environmental surveys may be adjusted;
3. Deleted; <May 22, 2012>
4. Matters necessary for the items, etc., of basic environmental surveys shall be determined by the Minister of Climate, Energy and Environment.
Article 28(Vesting of public facilities) #
The evaluation of the property value and installation costs of public facilities under Article 30(2) of the Act shall be based on the method of arithmetically averaging the amounts evaluated by two or more appraisal boards, etc. (referring to appraisal boards, etc. under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers). <Amended on Aug. 31, 2016; Jul. 2, 2019; May 25, 2021>
Article 29(Entrustment of business of purchasing land) #
(1) When a project implementer, other than a local government, entrusts the business of purchasing land, objects, or rights to the head of a Si/Gun/Gu under Article 31(3) of the Act, he or she shall clarify the land, objects, and rights to be purchased and the terms of entrustment.
(2) When a project implementer entrusts the purchase of land, objects, or rights under paragraph (1), he or she shall pay entrustment fees according to the rates in Appendix 5.
Article 30(Prepayments) #
(1) Cases where a project implementer may receive prepayments under Article 32 of the Act shall be as follows:
1. He or she shall have secured ownership of the land or facilities intended for sale (hereinafter referred to as "land, etc.") and have canceled any mortgage created on the relevant land, etc.; provided, if he or she fails to secure ownership of the land, etc. or cancel the mortgage due to unavoidable reasons, the project implementer, the owner of the land, etc., and the mortgagee shall submit a notarized joint agreement stating the following matters:
a. The owner of the land, etc. shall not transfer the relevant land, etc. to a third party or provide it as collateral;
b. If a person who has paid prepayments comes to use the relevant land, etc. after receiving authorization for completion or permission for use before authorization for completion, the owner of the land, etc. and the mortgagee shall transfer the ownership and cancel the mortgage without delay;
2. The progress rate of the development project for the land, etc. intended for sale shall have reached 30/100.
(2) A project implementer who intends to receive prepayments under paragraph (1) shall submit a letter of guarantee, insurance policy, certificate of fixed deposit, beneficiary certificate, etc. under the subparagraphs of Article 37(2) of the Enforcement Act on Contracts to Which the State Is a Party to the approving authority to guarantee the refund of prepayments in the event of non-performance of a pre-sale contract.
(3) After a project implementer pre-sells land or allows the use of facilities, he or she shall not provide the relevant land, etc. as collateral.
(4) If the approving authority determines that the project implementer fails to implement the project according to the details of the pre-sale contract or has no capacity to implement it, the approving authority may use the certificate of fixed deposit, beneficiary certificate, etc. for the refund of prepayments before the completion of the project.
(5) Where a project implementer submits a letter of guarantee or an insurance policy under paragraph (2), the amount of the guarantee or insurance shall be at least the sum of the prepayments and the amount equivalent to the agreed interest for the period of the guarantee or insurance (referring to the amount calculated based on the bill loan interest rate of general banks, excluding local banks).
(6) In cases of paragraphs (2) and (4), the commencement date of the guarantee or insurance period shall be before the date of receiving prepayments, and the expiry date shall be at least 30 days after the date of completion; provided, if the period for performance is extended, a letter of guarantee, etc. specifying the period calculated by adding the period to be extended to the original guarantee or insurance period as the guarantee or insurance period shall be submitted.
Article 31(Subsidy rates) #
(1) The subsidy rate for projects subject to the provision of subsidies under Article 34(1) of the Act (hereinafter referred to as "supported subsidy rate") shall be the rate obtained by adding 20/100 to the standard subsidy rate (hereinafter referred to as "standard subsidy rate") under Article 9(1)2 of the Subsidy Management Act. <Amended on Apr. 28, 2016>
(2) Notwithstanding paragraph (1), if the standard subsidy rate exceeds 80/100 or the rate obtained by adding 20/100 to the standard subsidy rate exceeds 80/100, the supported subsidy rate shall be 80/100.
Article 32(Support for local subsidies) #
Where a Mayor/Do Governor requests that there is a special financial demand due to special local issues, in addition to those subject to allocation under Articles 6, 9, and 9-2 of the Local Subsidy Act, the Minister of the Interior and Safety may review and grant special local subsidies among local subsidies every year within the limit of its operating resources, pursuant to Article 34(2) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 33(Support for funds) #
(1) The types of funds that the State or a local government may subsidize, lend, or arrange under Article 34(3) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 5, 2021>
1. Construction costs for ports, roads, and railways;
2. Project costs for the creation of parks and green spaces;
3. Construction costs for water supply facilities;
4. Project costs for resettlement measures;
5. Construction costs for sewage and waste treatment facilities;
6. Construction costs for utility tunnels (referring to underground facilities for the collective accommodation of underground utilities such as electricity, gas, and water supply facilities, telecommunications facilities, and sewage facilities) for various developments;
7. Construction costs for public facilities under the National Land Planning and Utilization Act, as determined by the Minister of Land, Infrastructure and Transport as necessary for urban development.
(2) The amount that the State or a local government may subsidize, lend, or arrange to a project implementer under paragraph (1) shall be within 80/100 of the total project cost.
Article 34(Identification of relevant officials) #
The identification of a relevant official under Article 37(2) of the Act shall be in Attached Form 3.
Article 35(Administrative fines) #
(1) Deleted. <Dec. 17, 2008>
(2) Deleted. <Dec. 17, 2008>
(3) Deleted. <Dec. 17, 2008>
(4) A notice of disposition of an administrative fine shall be in Attached Form 4, a notice of payment of an administrative fine shall be in Form 5, and a notice of demand for payment of an administrative fine shall be in Form 6. <Amended on Dec. 17, 2008>
(5) When a disposition of an administrative fine is made, matters concerning the imposition and receipt of the administrative fine shall be recorded and managed in the administrative fine receipt ledger in Form 7.