Special Act on Services to Prevent Dangers Resulting from Natural Disasters and Measures for Migration

Article 1(Purpose) #

This Act shall define the measures to prevent disaster as required to improve the areas vulnerable to the danger caused by disaster and prevent disaster and achieve permanent recovery from the disaster eventually to make contribution to protecting the lives and properties of the people.

Article 2(Definition) #

The following expressions, used in this Act, shall have the meanings attributed to them below: <amended on 2012 October 22>

1. "Services to prevent danger resulting from a disaster" means the public services to fundamentally improve the areas vulnerable to disasters by flood or wind..

2. "Areas to Be Improved against Danger by Disasters" means the areas designated by the administrator of the National Emergency Management Agency, the special metropolitan city mayor or other metropolitan city mayors or governors of a province or special self-governing province (hereinafter referred to as "Mayor, Governor") according to Article 12 of the Countermeasures against Natural Disaster Act, which defines the designated areas and determines improvements to secure such areas against dangers from natural disasters or areas frequently damaged by natural phenomena such as typhoons, floods, heavy rains or tidal waves or areas to be restored from damage by floodswhere forming a compound for mass migration is required in accordance with Article 6 of the said Act.

3. "Service Plan to prevent danger resulting from disasters" means the plan incorporating fundamental measures to comprehensively prevent danger by floods and winds in the Areas to Be Improved against danger by natural disasters.

4. "Implementing plans to enforce services to prevent danger by natural disasters" means implementing plans suggesting methods to promote services in detail and to execute such services to prevent danger by disasters.

5. "Measures for Migration" means a detailed plan to relocate residents who have lost their means of living and helping them through the implementation of the services to prevent danger by disasters.

Article 3(Committee to Deliberate the Proposed Services to Prevent Danger by Disasters) #

① In relation to services to prevent danger by disasters (hereinafter referred to as the "Service(s)", a Central Committee to Deliberate Proposed Services to Prevent Danger by Natural Disasters" (hereinafter referred to as "Central Deliberating Committee") shall be organized under the control of the administrator of the National Emergency Management Agency and the Local Committee to Deliberate Proposed Services to Prevent Danger by Natural Disasters (hereinafter referred to as "Local Deliberating Committee"), which is under the control of the Mayor, Governor, to examine and deliberate the following:

1. Matters to designate, change or cancel the Areas to be Improved against danger by natural disasters

2. Matters about the service plan to prevent danger by natural disasters

3. Matters about the plan to enforce the services to prevent danger by natural disasters

4. Measures to mitigate danger by natural disasters

5. Other matters related to the Service requested by Administrator of the National Emergency Management Agency or a Mayor, Governor.

② The Central Deliberating Committee shall be composed of no less than 20 but no more than 25 members including 1 chairman, and the Local Deliberating Committee shall be composed of no less than 15 but no more than 20 members including 1 chairman. Members of the Central Deliberating Committees shall be designated or delegated by the administrator of the National Emergency Management Agency and the members of the Local Deliberating Committee by Mayor, Governor from among the public officials of administrative agencies designated by the Presidential Decree or those corresponding to any of the following:

1. A person who is or was an associate professor teaching disaster prevention and urban planning at a college as defined by Clause 1, Article 2 of the Higher Education Act.

2. A person who is in a position as a chief researcher or higher in charge of disaster prevention and urban planning at an agency or organization as defined by Clauses 3 and 4 of Article 5 of the Act on the Management of Public Institutions.

3. A person who was a director of a pertinent administrative agency or in a similar position in charge of disaster prevention and urban planning.

4. Others who have professional learning and experiences in disaster prevention and urban planning.

③ The chairman of the Central Deliberating Committee shall be the administrator of the National Emergency Management Agency and the chairman of the Local Deliberating Committee shall be a Mayor, Governor and a public official under the control of a Mayor, Governor may act as a deputy of the chairman for the Local Deliberating Committee, if necessary.

④ Organization and management of the Central Deliberating Committee and the Local Deliberating Committee and tenure of the members shall be defined by the Presidential Decree.

Article 4(Application for Designating Areas to be Improved against Damage by Natural Disasters) #

① Business Deveoper as defined by Clause 1, Article 8 of the Countermeasures against Natural Disasters Act may apply for the designation of Areas to be Improved against damage by natural disasters (hereinafter referred to as "Areas to be Improved") with the Administrator of the National Emergency Management Agency or a Mayor, Governor according to the following after investigating the area(s) under management to prevent dangers fromnatural disasters by floods or winds, or areas to be restored from flood damage where forming a compound for mass migration is necessary. <amended on 2012 October 22>

1. Requirements for applications to be filed with the administrator of the National Emergency Management Agency

a. A business operator must be from a Special Metropolitan City, other Metropolitan City, Province or Special Self-Governing Province (hereinafter referred to as "City, Province")

b. The Area to Be Improved is larger than 100,000 square meters.

2. Requirements for applications to be filed with a Mayor, Governor: Business Developer must be someoneother than a Mayor, Governor, and the Area to be Improved must be less than 100,000 square meters

② If those corresponding with Clauses 2 through 4, Article 8 of the said Act apply for the designation of Areas to be Improved to the Administrator of the National Emergency Management Agency, it shall be discussed with and cooperated by the Mayor, Governor and if they apply for such designation to a Mayor, Governor, it shall be discussed with and cooperated by the mayor or head of a Gun (county) or the head of autonomous Gu (district) with jurisdiction over the area..

③ The following shall be attached to the application for the designation of Areas to be Improved in accordance with clauses 1 and 2 above:

1. Title, location and areas to be improved

2. Population, buildings, land use and infrastructures in the Areas to be Improved

3. Status of the damage by frequent wind and flood in the Areas to be Improved and drawings concerned

4. Status and drawings of topography and environment

5. Drawings showing the range of designated Areas to be Improved

6. Business plan to promote the Areas to be Improved

7. Others as defined by the Presidential Decree

④ In the event the application for designating Areas to be Improved is submitted to the administrator of the National Emergency Management Agency, the application shall be examined by the Local Deliberating Committee first.

Article 5(Requirements of Designating Areas to Be Improved) #

When an area is designated to be improved, the plan to enforce the services to prevent danger by natural disasters (hereinafter referred to as "Improvement Plan") shall fulfill each of the following conditions:

1. The basic direction of the services shall be beneficial to the public by preventing repeated danger from wind and floods

2. It shall correspond with the features of the pertinent area and conditions thereof

3. Measures to mitigate the damage by natural disasters shall be realizable

4. It shall correspond with other requirements as defined by the Presidential Decree

Article 6(Designate Areas to Be Improved) #

① The administrator of the National Emergency Management Agency or Mayor, Governor shall discuss with the competent administrative agency the applications for designating areas to be improved after collecting and referring to the opinions of the Mayor, Governor or mayor or head of a Gun (county) thereabout and designate the areas through the deliberations of the Central Deliberating Committee or Local Deliberating Committee. However, changes of minor issues as defined by the Presidential Decree shall be excluded from the above procedures.

② The administrator of the National Emergency Management Agency or Mayor, Governor shall make an announcement designating the Areas to be Improved (including when the designated Areas to be Improved change) and inform the Mayor, Governor having jurisdiction over the area (when such designation is made by a Mayor, Governor or the mayor or head of a Gun (county) and then the Mayor, Governor or the mayor or head of a Gun (county) shall proclaim the area as designated.

③ Mayor, Governor shall report such designated Areas to be Improved to the administrator of the National Emergency Management Agency within 15 days after the relevant announcement is made.

④ Any necessary matters in relation to the size, announcement or notice of the Areas to be Improved shall be defined by Presidential Decree, when the Areas to be Improved are designated.

Article 7(Restriction of Act, etc) #

① Those who desire to do acts such as construction of a building, installing structures, alteration of land shapes and quality, collecting soil and aggregates, dividing land or piling up goods in Areas to be Improved as defined by the Presidential Decree shall be permitted by a mayor or head of a Gun (county) having jurisdiction over the area(s). Changing matters already permitted shall also be subject to the permission of the mayor or head of the Gun (county) concerned.

② Notwithstanding clause 1 above, any act corresponding to any of the following can be done without permission:

1. An emergency act and measure to restore areas with damage caused by a disaster or take emergency measures

2. Other acts as defined by Presidential Decree

③ As per the acts which should be permitted according to clause 1 above, those who obtained permission in accordance with applicable laws and regulations at the time when the Areas to Be Approved were designated and announced or initiated construction work or business that was not subject to permission may continue the work or business after reporting it to the appropriate mayor or head of the Gun (county) according to the Presidential Decree.

④ The mayor or head of the Gun (county) may order those who violated clause 1 above to return the work or business to its original state. Should those who were ordered as such not fulfill the relevant obligation, the mayor or head of the Gun (county) may execute such order by proxy according to the Administrative Vicarious Execution Act.

⑤ Articles 57-60 and 62 of the National Land Planning and Utilization Act shall be applied except forthe provisions as set forth herein for permission according to clause 1 above.

⑥ Any permission obtained by clause 1 above shall be regarded as receiving permission according to Article 56 of the National Land Planning and Utilization Act.

Article 8(Business Developer) #

① Business Developer of the Service (hereinafter referred to as "Business Developer") shall be one of the following: <amended on 2010 May 17>

1. Local government

2. Professional agency specialized in disaster prevention and safety control as defined by Clause 6, Article 4 of the Natural Disaster Prevention Act.

3. A corporation invested and established alone by those corresponding to clauses 1 and 2 above to perform the Services or jointly with another corporation for the said purpose.

4. A corporation invested and established by those corresponding to clauses 1 and 2 above with a bank as defined by Article 2 of the Banking Act.

② Any matters required to establish a corporation, designate the proxy and award a contractor shall be defined by Presidential Decree.

Article 9(Approval of the Service Plan, etc) #

① Those applying for designating the Areas to Be Approved according to Article 4 herein shall prepare and submit a Service Plan to the administrator of the National Emergency Management Agency or Mayor, Governor for approval. In such case, when areas are designated to be Areas to Be Improved by Article 6 herein, they are regarded as being approved by the administrator of the National Emergency Management Agency or Mayor, Governor.

② Any changes of the Service Plan that are approved according to lause 1 above shall be subject to the approval of the administrator of the National Emergency Management Agency or Mayor, Governor. However, minor changes as defined by the Presidential Decree shall be exempted from the said approval.

③ Service Plan according to clause 1 above shall include the following:

1. Business developer

2. Purpose of business

3. Area of business (name, location and area)

4. Business period

5. Plan to reduce the damage by natural disaster

6. Plan for migration

7. Business performance method

8. Others as defined by Presidential Decree

Article 10(Approval of the Service Plan) #

① Business Developer shall prepare and submit a Service Plan to the administrator of the National Emergency Management Agency or Mayor, Governor for approval in accordance with Clause 1, Article 4 of the Natural Disaster Prevention Act.

② If the administrator of the National Emergency Management Agency or Mayor, Governor desires to approve the Service Plan, it shall be discussed and cooperated with the competent administrative agency and deliberated by the Central Deliberating Committee or Local Deliberating Committee.

③ Any approval according to clause 2 above shall be announced and such approval shall be informed to the Mayor, Governor or mayor or head of the Gun (county) and the approval made by Mayor, Governor shall be reported to the administrator of the National Emergency Management Agency. In such case, the said administrator may require supplements to the Service Plan.

④ Announcement of the approval according to clause 3 above shall include the particulars of the land to be expropriated or used.

⑤ Mayor, Governor or mayor or head of the Gun (county) shall announce the approval of clause 2 above to the residents.

⑥ Details to establish the Service Plan and announcement notice shall be defined by Presidential Decree.

⑦ The Administrator of the National Emergency Management Agency may apply the standard on preventing floodsby district unit according to Article 18 of the Natural Disaster Prevention Act to establish the Service Plan efficiently. If necessary, however, the administrator of the National Emergency Management Agency may enact and operate basic guidelines to mitigate danger by natural disasters.

Article 11(Measures for Migration) #

① Business Developer shall establish and implement the measures for migration in accordance with Item 6, Clause 3, Article 9 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.

② A disposing administrative agency shall discuss with the residents to be migrated when the measures for migration are established, taking the status of occupying the land and their livelihood into account.

③ Contents to be discussed with the residents and the migration procedures and other necessary matters in relation to establishing measures for migration shall be defined by Presidential Decree.

Article 12(Inspection of Completion) #

① When the Services are completed, Business Developer shall immediately request the administrator of the National Emergency Management Agency or Mayor, Governor to inspect the works completed.

② When the administrator of the National Emergency Management Agency or Mayor, Governor inspects the completion according to clause 1 above in relation to the licenseor permit shall be discussed with the head of the competent administrative agency in advance. In such case, inspection of completion of the relevant works according to the license or permit as defined by Clause 1, Article 17 of the said Act is regarded as being approved.

③ Mayor, Governor or mayor or head of a Gun (county) shall prepare a detailed plan for the district where the Service is completed and shall be included in the implementing plan announced according to Clause 3, Article 10 of the said Act for the operation and management of the district once the said Service is completed.

④ Documents and procedures required to inspect the completion according to clause 1 above shall be defined by Presidential Decree.

Article 13(Announcement and Report of the Services Completed) #

① If the administrator of the National Emergency Management Agency or Mayor, Governor acknowledges that the Service has been completed according to the implementing plan after completion of the inspection,

② When an announcement is made according to clause 1 above, designation of the Areas to Be Improved are regarded to be revealed on the date of such announcement.

③ Any matters required for the procedures and method of announcement shall be defined by Presidential Decree.

Article 14(Listening to the Opinions of the Residents) #

① The disposing administrative agency shall listen to the opinions of the residents for the following and any opinions suggested during the hearings shall be incorporated when they are deemed to be reasonable.

1. Application for designating the Areas to Be Improved

2. Establishment of implementing plan

3. Other matters as defined by Presidential Decree

② Any matters required for making announcements to the residents, or holding hearings or presentation and methods of listening to the opinions of the residents shall be defined by Presidential Decree.

Article 15(Access to Other Land, etc) #

① Business Developer may enter or use land temporarily occupied by others, if necessary, to investigate or survey the land to promote the designation of Areas to Be Improved, Service Plan and Implementing Plan and alter or remove obstacles therein such as trees, earth, rocks, etc.

② Those who want to enter, use such land temporarily, alter or remove obstacles therein such as trees, earth, rocks, etc shall obtain consent of those who own or occupy such land or obstacles (hereinafter referred to as "Stakeholders") in advance. In the case that Business Developer cannot obtain consent of the Stakeholders as they do not appear at theland or address or cannot be found, Business Developer shall obtain approval thereupon of the mayor or head of the Gun (county) having jurisdiction over such land.

③ Those who dothe behaviors as set forth in clause 1 above should carry a certificate showing such authority to present to the Stakeholders.

Article 16(Compensation for Loss or Damages Caused From Accessing the Land, etc) #

① Business Developer shall compensate the loss or damages, if any, incurred by the aforementioned behaviors in Article 15 hereinabove.

② Compensation for the loss or damages of clause 1 above shall be agreed upon by and between those who will offer compensation and those who incurred loss or damage

③ In the event that those who will offer compensation and those who will be compensated do not or cannot agree according to clause 2 above, either party may request the competent Land Tribunal to determine such compensation.

④ Provisions as set forth in Articles 83 through 87 of the Act on the Acquisition of Land, etc, for the Works of Public Interests and Compensation for Acquisition shall apply mutatis mutandis to the decision of the Land Tribunal in clause 3 above.

Article 17(Agenda of Relevant Authorization/ Permission) #

① In the event Business Developer obtained approval on the Implementing Plan of the Service according to Article 10 herein, approval, authorization, permission, discussion, consent, license, approval, disposition, release, order or designation of any of the following (hereinafter referred to as "Authorization/Permission") discussed or cooperated by and between the Administrator of the National Emergency Management Agency or Mayor, Governor and head of the competent administrative agency shall be regarded that such authorization/permission has been obtained, and when the administrator of the National Emergency Management Agency or Mayor, Governor announces approval on the Implementing Plan, such announcement shall be regarded as having been made in accordance with the applicable laws. <amended on 2008 March 21, 2009 January 30, 2009 June 9, 2010 April15, 2010 May 31, 2011 April14>

1. Permission according to Article 8 of the Building Act, report according to Article 9 of the said Act, change of permission or report according to Article 10 of the said Act, permission or report of temporary buildings according to Article 15 of the said Act and discussion on construction according to Article 25 of the said Act

2. Approval of the Implementing Plan according to Article 9 of the Special Act on Designation and Management of Free Economic Zones

3. Approval of extracting aggregates according to Article 22 of the Aggregate Extraction Act

4. Approval of occupation or use of public waters according to Article 8 of the Public Waters Management and Reclamation Act, approval of the implementing plan for occupying or using public waters according to Article 17 of the said Act, license for reclaiming public waters according to Article 28 of the said Act, discussion or approval according to Article 35 of the said Act or approval or announcement of the implementing plan to reclaim public waters according to Article 38 of the said Act

5. Deleted <2010 April 15>

6. Designation of a tourism area or tourism complex according to Article 52 of the Tourism Promotion Act, approval of the plan to establish tourism area or complex according to Article 54 of the said Act and approval for implementing establishment of the area or complex according to Article 55 of the said Act

7. Non-approval of adisposition according to Article 24 of the Mining Industry Act and disposition to reduce mining lots or cancel mining rights according to Article 34 of the said Act

8. Approval of use or making profit outof the State property according to Article 24 of the State Property Act

9. Decision on the management plan of a city, Gun (county) according to Article 30 of the National Land Planning and Utilization Act (except the decision and change of specific areas or district of use), approval of the development according to Article 56 of the said Act, designation of the developer of urban, Gun (county) planning facilities according to Article 86 of the said Act and authorization of the Implementing Plan according to Article 88 of the said Act

10. Approval on using infrastructures for agricultural production for other purposes according to Article 32 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a business plan for a tourism and recreation complex in rural and fishing villages

11. Change or release of the agriculture promoting area or area of specific use according to Article 31 of the Farmland Act, approval on converting farmland or discussion of such according to Article 34 of the said Act

12. Discussion with the Road Management Bureau or approval according to Article 5 of the Road Act, approval of implementation by Korea Highway Corporation according to Article 34 of the said Act and approval of occupying roads according to Article 38 of the said Act

13. Approval of opening private roads according to Article 4 of the Private Road Act

14. Approval of establishing a factory according to Clause 1, Article 13 of the Industrial Cluster Development and Factory Establishment Act, designation of the area to build a factory according to Article 23 of the said Act

15. Approval of converting mountainous areas according to Article 14 of the Management of Mountainous Districts Act, report of converting mountainous areas according to Article 15 of the said Act, approval, report of temporary use of mountainous areas according to Clause 2, Article 15 of the said Act

16. Approval of the behaviors in the forest protection area (except forest gene protection district) according to Clause 1, Article 9 of the Forest Protection Act, release of designation of forest protection areasaccording to Item 1, Clause 1, Article 11 of the said Act, approval and report of exploiting trees and forests according to Article 36 of the Management and Administration of State Forests Act and Article 9 of the Management and Administration of State Forest Act

17. Permission for construction at small rivers according to Article 10 of the Small River Maintenance Act and occupation of small rivers according to Article 14 of the said Act

18. Authorization of a business to supply water general and industrial facilities according to Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization of installing a private and industrial water supply systems according to Article 54 of the said Act

19. Discussion of the plan to use energy according to Article 8 of the Energy Use Rationalization Act

20. Designation of a logistics complex according to Article 22 of the Act on the Development and Management of Logistics Facilities and approval of the plan to develop a logistics complex according to Article 28 of the said Act

21. Registration of opening large scale shops according to Article 8 of the Distribution Industry Development Act

22. Authorization to excavate tombs according to Article 27 of the Funeral Services, etc Act

23. Authorization of the business forpower generation, transmission, distribution or selling electric goods according to Article 7 of the Electric Utility Act

24. Designation of Jeju Investment Promotion District according to Article 217 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of a Free International City

25. Approval of the business plan according to Article 16 of the Housing Act

26. Permission of use and profit according to Article 20 of the Public Property and Commodity Management Act

27. Report of commencing, changing or completion according to Clause 1, Article 86 of the Act on Land Surveys, Waterway Surveys and Cadastral Records

28. Discussion about the feasibility of supplying integrated energy according to Article 4 of the Integrated Energy Supply Act

29. Approval of the business plan according to Article 12 of the Installation and Utilization of Sports Facilities Act

30. Permission to change characteristics of theland according to Clause 2, Article 21 of the Grassland Act and converting the grassland according to Article 23 of the said Act

31. Deliberation of publishing maps, etc according to Clause 3, Article 15 of the Act on Land Surveys, Waterway Surveys and Cadastral Records

32. Approval of installing waste treatment plants and reporting on such according to Article 29 of the Wastes Control Act

33. Permission of public sewage works according to Article 16 of the Sewerage Act and occupancy of public sewage according to Article 16 of the said Act

34. Discussion with a managing agency for approval according to Article 6 of the River Act, permission of construction at a river according to Article 30 of the said Act and occupying a river according to Article 33 of the said Act

35. Permission of port construction according to Clause 2, Article 9 of the Harbor Act and approval of detailed plan according to Clause 2, Article 10 of the said Act

36. Business performed inside a military base according to Article 3 of the Protection of Military Bases and Installations Act and discussion about the business according to Clause 1, Article 10 of the said Act

② If a Business Developer wants to create an agenda such as authorization, permission according to clause 1 above, Business Developer shall submit relevant documentsas defined by applicable laws when apply for approval of the Implementing Plan.

③ If the administrator of the National Emergency Management Agency or a Mayor, Governor approves the Implementing Plan according to Clause 1, Article 10 and any of the matters of clause 1 above is contained therein, it shall be discussed with the head of the competent administrative agency. In such case, the head of the competent administrative agency shall submit his/her opinion thereupon within 30 days from when the administrator of the National Emergency Management Agency or Mayor, Governor requested a discussion about it.

④ In the case thatauthorization, permission is obtained in accordance with other laws as set forth in clause 1 above, any license fee or other fees or dues imposed by the competent lawsshall be exempted.

Article 18(Land Expropriation or Use) #

① Business Developer may expropriate or use the rights of the land or buildings located in Areas to Be Improved or the goods attached to the land, excluding the title to such land, building or goods, if such expropriation or use is deemed to be necessary.

② Act on the Acquisition of Land, etc for the Works of Public Interest and Compensation for Acquisition shall apply mutatis mutandis for the expropriation of land according to clause 1 above, unless special provision of this Act stipulates otherwise.

③ When particulars of the land to be expropriated are announced, adapting the said Act in accordance with Clause 4, Article 10, authorizing the business and making such announcement are regarded to be madeaccording to the said Act. Notwithstanding, however, Clause 1, Article 23 and Clause 1, Article 28 of the Act on the Acquisition of Land, etc for the Works of Public Interest and Compensation for Acquisition, the application for the ruling should be made by the last date to perform the Services.

④ If land or buildings are compensated in kind, compensation in kind may be made after the inspection of completion as set forth in Article 12 herein, notwithstanding Article 42 of the Act on the Acquisition of Land, etc for the Works of Public Interest and Compensation for Acquisition.

Article 19(Issue Land Redemption Bond) #

① Business Developer may issue a bond to be redeemed by the land or buildings established by the Services (hereinafter referred to as "Land Redemption Bond") as defined by Presidential Decree to pay part of the land cost, if the land owner wants. Those, however, who correspond to Items 3 and 4, Clause 1, Article 8 are not allowed to issue such bonds unless there is a payment guarantee by a financing institution is secured for the bond as defined by Presidential Decree.

② When a Business Developer wants to issue a Land Redemption Bond according to clause 1 above, it shall prepare and submit to a person authorized to designate the Areas to Be Improved for approval.

③ Method, procedures, conditions and others required to issue a Land Redemption Bond shall be defined by Presidential Decree.

Article 20(Advance Payment) #

Business Developer may be paid part or all of the amount in advance by those who want to be supplied with or use the land, buildings or structures to be formed by the Services.

Article 21(Implementation of the Services That Include Re-construction) #

① If housing reconstruction businessesas defined by Paragraph C, Clause 2, Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is included in the Services (hereinafter referred to as "Reconstruction Businesses"), provisions of the said Act shall apply mutatis mutandis to the Services.

② Notwithstanding Article 12 of the said Act, a safety diagnosis for reconstruction businesses may not be undertaken for Areas to Be Improved that include reconstruction.

Article 22(Relation with Other Laws) #

① This Act shall take precedence over other Acts in relation to the special cases applied to the Areas to Be Improved and the Services. In the case that any other Acts stipulate a provision to relax such special cases about the regulations as set forth herein, provision of such Act shall apply.

② Special cases defined by this Act are as below: <amended on 2008 February 29, 2009 June 9, 2011 July 21, 2013 March 23>

1. Notwithstanding Article 38 of the Housing Act, the standard on supplying housing may be set forth separately as defined by Presidential Decree to achieve the purpose of the Services.

2. Special cases about the Road Traffic Act are described in the following paragraphs:

a) The head(s) of the competent local governments may request a Commissioner of a District Police Agency or chief of the relevant police station to ban or restrict road traffic, if it is necessary to perform the Services.

b) The Commissioner of a District Police Agency or chief of the relevant police station who made such request shall take necessary measures immediately unless a special reason not to do it exists, in spite of Article 6 of the Road Traffic Act.

3. Special cases about the Rearrangement of Agricultural and Fishing Villages Act are as below:

a)Notwithstanding Clause 1, Article 24 of the Rearrangement of Agricultural and Fishing Villages Act, the competent local government (only those who manage the agricultural production infrastructures according to Article 17 ofthe said Act) may abolish agricultural infrastructures, if necessary, to implement the Services without approval of Mayor, Governor. In the event, that any facilities are required to substitute such infrastructures, they shall be installed after discussion with the administrative agency concerned.

b) In areas that have beendesignated and announced as areasto be rearranged such as marginal farmland in accordance with Article 94 of the Rearrangement of Agricultural and Fishing Villages Act, necessary facilities may be installed to perform the Services in addition to those stipulated in Article 92 of the said Act.

4. Special cases about the Farmland act are as follows:

a) Notwithstanding Clause 1, Article 36 of the Farmland Act, the competent local government may decide the farmland to be used temporarily for use other than cultivating agricultural products under the condition that the land should be restored for farmland after approved period of time

b) Notwithstanding Article 37 of the Farmland Act, the chief of the competent local government may allow for the converting farmland, if necessary, to perform the Services.

5. Special cases about the Act on Urban Parks, Greenbelts, etc are as follows:

a) Notwithstanding Clause 3, Article 24 of the Act on Urban Parks, Greenbelts, etc, the competent local government may decide on the objects to occupy an urban park and the standard of occupation thereof through issuance of an ordinance, if necessary, to perform the Services.

b) Notwithstanding Clause 3, Article 38 of the Act on Urban Parks, Greenbelts, etc, the competent local government may decide on the objects to occupy an urban park and the standard of occupation thereof by through issuance of an ordinance, if necessary, to perform the Services.

c) The objects that can occupy an urban park or greenbelt according to paragraphs a) and b) above shall be limited to the works for public interests that were discussed with the Minister of Land and Transportation.

6. Special cases about the Installation and Utilization of Sports Facilities Act are as below:

a) Notwithstanding Article 12 of the Installation and Utilization of Sports Facilities Act, those who want to operate sports facility businesses in Areasto Be Improved in accordance with Item 1, Clause 1, Article 10 of the said Act shall prepare and submit a business plan to the competent mayor or head of aGun (county) for approval. The same procedure shall apply to changing the business plan. However, minor changes as defined by Presidential Decree shall be exempted.

b) Notwithstanding Clause 1, Article 19 of the Installation and Utilization of Sports Facilities Act, those who were approved by the mayor or head of the Gun (county) shall resister the relevant sports facilities business with the mayor or head of the Gun (county) prior to commencing the business and, changes to any content of the registration shall apply the same procedures as above. However, minor changes of registration as defined by Presidential Decree shall be exempted.

c) Duties of a Mayor, Governor related to registered sports facilities in applying the Installation and Utilization of Sports Facilities Act to those who were approved or registered shall be regarded to be the duties of the competent mayor or head of the Gun (county).

d) Notwithstanding Article 11 of the Installation and Utilization of Sports Facilities Act, sports facilities to be installed in the Areas to Be Improved may be built in accordance with the installation plan as set forth in the Implementing Plan and the plan to use the site area.

7. In the event that the measures for migration according to Article 11 herein is incorporated with the Services, this Act shall apply mutatis mutandis to the site to form a housing complex for migration outside of the Areas to Be Improved.

8. The administrator of the National Emergency Management Agency shall request an evaluation of the strategic environmental impact or small scale environmental impact to be discussed according to Articles 16 and 44 of the Environmental Impact Assessment Act, in the event thatany plan subject to the evaluation of strategic environmental impact as defined by Article 9 of the Environmental Impact Assessment Act or development projects subject to the small scale evaluation of theenvironmental impact are included in the Service Plan submitted.

Article 23(Expenses) #

① All the expenses required for the Services shall be borne by Business Developer, unless the applicable law specifies otherwise.

② Expenses to install the following facilities in the Areas to Be Improved shall be borne by those who are not Business Developer according to the type of works as specified below andwithin the range as defined by Presidential Decree. In the case that it is decided in adifferent way during the course of discussion as set forth in Clause 2, Article 4 herein between the competent agencies, such expenses shall be paid accordingly:

1. Construction of road, water supply and sewage: paid by local governments

2. Installation of electric facilities, gas supply or regional heating facility: paid by suppliers of electricity, gas or heating to the relevant areas

3. Installation of communication facilities: paid by telecommunication service providers to the relevant areas

③ Installation of the facilities stipulated in clause 2 above shall be completed by the date applied for the inspection of completion according to Article 12 herein, unless any specials reasons exist not to comply with such date.

④ In the event Business Developer constructs the road, water supply or sewage facilities of clause 1 above under the discussion of the proviso of clause 2 above, Business Developer may request that the competent local government undertakesuch construction works on behalf of th Business Developer. In such case, expenses of construction shall be paid by Business Developer.

⑤ Article 23 of Housing Act shall apply mutatis mutandis to installing arterial facilities, unless this Act specifies otherwise.

Article 24(Limited Disposal of State and Public Land) #

① State of local government-owned land in the Areas to Be Improved should not be disposed of for purposes other than specific purposes decided upon to perform the Services.

② State or local government-owned land in the Areas to Be Improved that arerequired to perform the Services may be used at the disposal of Business Developer by free contract, notwithstanding the provisions as set forth in the State Property Act and Local Finance Act. In such case, revoking the use of land (limited to administrative property only) or disposal of the land shall be discussed by and between the Administrator of National Emergency Management Agency and the chief of the competent administrative agency in advance.

③ The chief of the competent administrative agency shall take necessary measures for such disposal within 30 days after the Administrator requests a discussion thereabout.

④ When the State or local government sells or rents state or public property in the Areas to Be Improved to Business Developer, the payment term for such sales or rent may be eased by long-term installments as defined by Presidential Decree in consideration of the conditions of development.

Article 25(Right of Redemption) #

① If all or part of the land expropriated is not required due to cancelling a designation of the Areas to Be Improved, cancellation or change of the Service plan or Implementing Plan thereof or any other reasons, the owner of the land at the time of expropriation or its general successor (hereinafter referred to as the "Person with Redemptive Right") may repurchase the land after paying back the compensation paid at the time of expropriation with the amount as defined by Presidential Decree.

② A Person with Redemptive Right can oppose against a third party by repurchase.

③ Article 92 of the Act on the Acquisition of Land, etc. for the Works of Public Interests and Compensation for Acquisition shall be applied to the expiration of the right of the Person with Redemptive Right.

Article 26(Delegate the Business of Land Purchasing) #

① Business Developer, who is not a local government, may delegate the business related to land compensation and measures of migration for the Service to the mayor or head of the Gun (county), who then accepts such delegation unless any special reasons exist not to do it.

② If a mayor or head of a Gun (county) who was delegated by Business Developer cannot perform the business of land compensation and measures for migration, then the mayor or head of a Gun (county) may re-delegate such business to an organization as defined by Item 2, Clause 1, Article 81 of the said Act.

Article 27(Reading and Delivery of Documents) #

① Business Developer may request the chief of the registry office or other competent administrative agency of reading, coping the necessary documents, duplicate or abstract or register free of charge to perform the Services.

② Business Developer may give a public notice in lieu of delivering the documents to the stakeholders according to the procedures as defined by the Presidential Decree, when the document cannot be delivered to the stakeholders because their address or residing place is unknown.

Article 28(Request for Providing Data) #

① Business Developer may request the chief of the competent administrative agency or related persons to provide necessary data to perform the Services.

② The chief the competent administrative agency shall accept the request of providing data, unless justifiable reasons exist not to do so.

Article 29(Supervision and Business Management) #

① The administrator of the National Emergency Management Agency or Mayor, Governor may cancel a designation or approval made according to this Act or order suspension ofconstruction, reconstruction or relocation of structures, falling under any of the following subparagraphs. However, following may be ordered by the Administrator of National Emergency Management Agency:

1. In the case an order or disposition made by this Act was breached

2. In the case a designation or approval according to this Act was obtained by false or illegal means

3. In the case that executing or continuing the Service is not required or is deemed not to be possible.\

4. In the case Business Developer does not commence or complete the construction works within the date as specified in the Service Plan

5. In the case the purpose of designating the Areasto Be Improved is deemed to not have been achieved afterconsidering the progress of the Services

② When the administrator of the National Emergency Management Agency makes disposition according to clause 1 above, a public notice shall be made in accordance with the Presidential Decree.

Article 30(Hearing) #

If the administrator of the National Emergency Management Agency or Mayor, Governor intend to cancel a designation or approval made by this Act according to Clause 1 Article 29 above, such cancellation shall go through a hearing or be deliberated by the Central Deliberating Committee or Local Deliberating Committee.

Article 31(Report and Inspection) #

① The administrator of the National Emergency Management Agency or Mayor, Governor may order Business Developer to report about the Service or submit data thereon, if necessary, to enforce this Act or request the relevant public officials to inspect the business related to the Service and request the chief of the competent administrative agency to provide necessary data.

② Public officials inspecting the business about the Service according to clause 1 above shall carry the certificate showing the authorization and present it to the related persons.

Article 32(Attribution of Public Facilities, etc) #

① If Business Developer installs new public facilities (excluding parking lots, playground, etc defined by the Presidential Decree) as one of the Services or any other facilities substituting existing public facilities, attribution of such facilities shall be discussed with the public institution of attribution when the Implementing Plan is established and Clause 99, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to such attribution.

② For registering public facilities and properties of clause 1 above, an approval letter for the Implementing Plan and completion certificate may replace the document proving the cause of registration required by the Registration of Real Estate Act.

③ In adapting the National Land Planning and Utilization Act according to clause 1 above, the administrative agency of roads, rivers or culverts of which responsible agency is uncertain shall be the Minister of Land and Transportation and administrative agency of others shall be the Minister of Planning and Finance. <amended on 2008 February 29, 2013 March 23>

Article 33(Assistance of State or Local Government Expenditures) #

The state or local government may assist with all or part of the funds required to build the land to be rented to the companies in the Areasto Be Improved or medical or educational facilities, housing or other convenient facilities therein to the Business Developer to promote the Service.

Article 34(Subsidizing Construction of Villages) #

The chief of thelocal governments may subsidize the costs to build a village with the Business Developer for the areas of restoration of flood damage where a mass migration complex is required in the Area to Be Improved and a standard of giving subsidy shall be prescribed by Presidential Decree.

Article 35(Delegation of Authority) #

The Administrator of National Emergency Management Agency may delegate part of his/her authority given by this Act to a Mayor, Governor according to Presidential Decree.

Article 36(Enforcement Decree) #

Any necessary matters to enforce this Act shall be prescribed by Presidential Decree.

Article 37(Penal Provision) #

Those who acted without obtaining permission or permission of change according to Article 7 herein shall be imprisoned for no more than one year or punished by a fine not exceeding KRW 20 million.

Article 38(Penal Provision) #

Those who fall under any of the following sub-paragraphs shall be imprisoned for no less than 6 months or punished by a fine not exceeding KRW 10 million:

1. Those who disturb Business Developer when entering the land according to Clause 1, Article 15 herein

2. Those who violated a disposition made or order released by an administrative agency in accordance with Clause 1, Article 29 herein.

3. Those who refused, avoided or disturbed the inspection which was carried in accordance with Clause 1, Article 31 herein or made false reports.

Article 39(Joint Penal Provisions) #

If a representative of a juristic person, an agent of a juristic person or an individual, employer or employee commits a violation as prescribed in Articles 37 and 38 herein in connection with the duties of the juristic person and individual, such doer shall not only be punished but also fined according to the relevant provisions. In the case, however, a juristic person or an individual was not neglectful of good attention and supervision to prevent the violation, such punishment or fine shall be exempted.

[amendment on 2008 December 26]