Article 13(Consultation on Dispositions by Administrative Agencies) #
(1) When the head of the relevant administrative agency intends to give permission or dispositions (hereinafter referred to as "permission, etc.") for any of the following matters in a protection zone, he or she shall consult with the Minister of National Defense or the commander of the jurisdictional unit, etc., according to standards for consultation, such as consultation procedures prescribed by Presidential Decree or review of operability prescribed by the Minister of National Defense. The same shall apply where a state agency or local government intends to conduct any of the following acts: Provided, That the same shall not apply to matters prescribed by Presidential Decree within the scope not interfering with the protection and management of protection zones and military operations: <Amended on Dec. 30, 2014; Jan. 19, 2016; Aug. 27, 2019>
1. Construction and expansion of buildings or installation of structures and alteration of the purpose of use of buildings;
2. Installation of roads, railways, bridges, canals, tunnels, waterways, underground facilities, etc. and their annexes and modifications thereof;
3. Reclamation or dredging of rivers or the sea, and construction of ports or modifications thereof;
4. Collection of minerals, soil, stone, and sand;
5. Excavation on the shore;
6. Afforestation or felling of trees;
7. Land clearing or modifications of topography;
8. Laying underground facilities or modifications thereof;
9. Installation of communication facilities and the use thereof;
10. Firing of firearms or detonation of explosives;
11. Conduct of sea transportation;
12. Establishment of fishery rights or aquaculture business rights and capture or collection of aquatic plants and animals;
13. Installation of buoys, day beacons and other beacons, and modifications thereof.
(2) When the head of the relevant administrative agency intends to grant permission, etc. for any of the following matters, paragraph (1) shall also apply:
1. Construction, installation, modification, or cultivation of buildings, structures, lights and plants in flight safety zones, which are feared to contravene Article 10 (1) 2 and 4, and (2);
2. Construction and installation of buildings and structures at a specific height prescribed by Presidential Decree and above in anti-aircraft defense coordination zones.
(3) A person who intends to obtain permission, etc. (hereafter referred to as "applicant for permission, etc. in this Article) may request counseling prior to applying for permission, etc. to the commander of the jurisdictional unit, etc. regarding whether matters falling under any of the subparagraphs of paragraph (1) or (2) do not interfere with the protection and management of protection zones and military operations, as prescribed by Presidential Decree. In such cases, the commander of the jurisdictional unit, etc. shall inform the applicant of the result of the prior counseling within 10 days from the date he or she received the request for counseling. <Newly Inserted on Sep. 1, 2015>
(4) The Minister of National Defense or the commander of the jurisdictional unit, etc. shall, when he or she receives a request for consultation under paragraph (1) or (2), notify the head of the relevant administrative agency of his or her opinion which is deliberated on by a competent Deliberation Committee on the Protection of Military Bases and Installations under Article 15 within 30 days (20 days in cases of informing the applicant of the result of the prior counseling under paragraph (3)). In such cases, he or she shall clearly state grounds for his or her opinion in detail. <Amended on Sep. 1, 2015>
(5) The Minister of National Defense or the commander of the jurisdictional unit, etc. may extend the deadline for notification under paragraph (4) by up to 10 days, on no more than one occasion. In such cases, he or she shall inform the head of the relevant administrative agency of the cause of such extension, state of proceeding, and extended deadline in advance. <Amended on Sep. 1, 2015>
(6) The Minister of National Defense or the commander of the jurisdictional unit, etc., notifying of his or her opinion pursuant to paragraph (4) may grant consent on condition that the applicant of permission, etc., should implement the relevant matter only where it is necessary for such applicant to remove a military obstacle by implementing matters prescribed by Presidential Decree, including installing alternative facilities. In such cases, none of the following matters shall be requested or restricted on the re-consultation thereof: <Newly Inserted on Dec. 24, 2018>
1. Matters directly unrelated to the relevant consultation matters including installing a unit welfare facility or providing fixtures therefor;
2. Unnecessarily excessive resources and equipment to remove military obstacles;
3. Other matters prescribed by Presidential Decree, as unreasonable or excessive conditions.
(7) Where the head of the relevant administrative agency who is notified of an opinion under paragraphs (4) and (5) has an objection to such opinion, he or she may demand re-consultation from the Minister of National Defense or the commander of the jurisdictional unit, etc. (referring to the immediately higher agency than the original consulting agency, but referring to the Minister of National Defense for matters falling under Article 10 (5); hereafter the same shall apply in paragraphs (8) and (9)) in accordance with the procedures prescribed by Presidential Decree. <Amended on Sep. 1, 2015; Dec. 24, 2018>
(8) An applicant for permission, etc. who has an objection to the result of consultation under paragraphs (4) and (5) may request the head of the relevant administrative agency to re-consult with the Minister of National Defense or the commander of the jurisdictional unit, etc. in accordance with the procedures prescribed by Presidential Decree. In such cases, the head of the relevant administrative agency shall comply therewith unless there is a compelling reason not to do so. <Amended on Sep. 1, 2015; Dec. 24, 2018>
(9) Paragraphs (4) and (5) shall apply mutatis mutandis where the Minister of National Defense or the commander of the jurisdictional unit, etc. is requested to re-consult under paragraphs (7) and (8): Provided, That where the Minister of National Defense re-consults matters falling under Article 10 (5), he or she shall, in lieu of the deliberation of the Deliberation Committee on the Protection of Military Bases and Installations of the Ministry of National Defense under Article 15 (1), undergo the deliberation of the Deliberation Committee on the Protection of Military Bases and Installation of the Joint Chiefs of Staff under paragraph (2) of that Article. <Amended on Sep. 1, 2015; Dec. 24, 2018>
(10) Where the head of the relevant administrative agency has granted permission, etc. for matters falling under paragraph (1) or (2) without undergoing consultation under paragraph (1) or (2) or fulfilling the terms and conditions of consultation, the Minister of National Defense or the commander of the jurisdictional unit, etc. may request the head of the relevant administrative agency to take necessary measures for restoration to original state, such as cancellation of permission, etc., suspension of acts, and dismantlement of facilities, and the head of the administrative agency who has received such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Sep. 1, 2015; Dec. 24, 2018>
(11) Notwithstanding Articles 19 and 40 of the Public Property and Commodity Management Act, where a local government implements matters prescribed by Presidential Decree, such as the installation of alternative facilities, etc. pursuant to paragraph (6), it may transfer the relevant alternative facilities, etc. to the State. <Newly Inserted on Feb. 6, 2024>