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SPECIAL ACT ON THE DEVELOPMENT OF THE EAST, WEST, AND SOUTH COAST AREAS AND INLAND AREAS — 법갈피

영문법령 / SPECIAL ACT ON THE DEVELOPMENT OF THE EAST, WEST, AND SOUTH COAST AREAS AND INLAND AREAS

SPECIAL ACT ON THE DEVELOPMENT OF THE EAST, WEST, AND SOUTH COAST AREAS AND INLAND AREAS

법률타법개정시행 2023-07-10국토교통부 · 제19430호 · 공포 2023-06-09

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to provide for matters necessary to develop the east, west, and south coast areas as well as the inland areas as new economic zones and international tourist attractions for Northeast Asia, thus contributing to the enhancement of national competitiveness and balanced regional development by stimulating the regional economy, culture, tourism as well as other industries and increasing regional exchanges and international cooperation. <Amended on Apr. 15, 2010; Jun. 9, 2023>

Article 2(Definitions) #

The terms used in this Act shall be defined as follows: <Amended on Apr. 15, 2010; Feb. 8, 2017>

1. The term "east, west, and south coast area (hereinafter referred to as "coast areas")" means a lower-level local government contiguous to the east, west, and/or south coastline, which refers to the areas designated under a comprehensive plan to develop the coast areas prescribed in Articles 5 (3) and 6;

1-2. The term "inland area" means a zone, other than the coast areas, suited for local governments to jointly promote cross-regional and cooperative projects with a view to increasing regional competitiveness, and designated under a comprehensive plan to develop the inland areas formulated and determined under Articles 5 and 6;

2. The term "comprehensive plan to develop the coast areas and inland areas (hereinafter referred to as "comprehensive plan")" means a comprehensive and basic plan jointly formulated and determined for each coast area or inland area under Article 6 to achieve the purpose set forth in Article 1 by the relevant Metropolitan City Mayors and Do Governors (hereinafter referred to as "Mayors/Do Governors")" in accordance with Article 5;

3. The term "development zone" means an area designated and publicly notified under Article 7 to implement a development project for the coast areas or inland areas;

3-2. The term "marine tourism promotion district" means a development zone designated and publicly notified under Articles 7 and 20-2 for the purpose of fostering tourism and recreation hubs that utilize coastal landscapes and promoting private investments necessary therefor;

4. The term "development project for the coast areas or inland areas (hereinafter referred to as "development project")" means a project implemented pursuant to a comprehensive plan.

Article 7(Designation of Development Zones) #

(1) To implement the development projects reflected in a comprehensive plan, the Minister of Land, Infrastructure and Transport may, upon receiving a request from the Mayors/Do Governors, designate a development zone, subject to prior consultation with the heads of relevant central administrative agencies and deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act, the National Park Committee under Article 9 (1) of the Natural Parks Act (limited to cases where any park area under Article 2 of that Act is involved), the Building Committee established within the Ministry of Land, Infrastructure and Transport in accordance with Article 4 of the Building Act, and the National Land Policy Committee, taking the following matters into consideration; the same shall also apply to any revision (excluding any revision to insignificant matters prescribed by Presidential Decree) to any designated development zone; provided, deliberation by the Building Committee shall be deemed completed where the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act, which is attended by at least 2 members representing the field of architecture, deliberates on matters subject to deliberation by the Building Committee under Article 4 of the Building Act: <Amended on Mar. 28, 2008; Dec. 31, 2008; Apr. 1, 2009; Apr. 15, 2010; May 30, 2011; Mar. 23, 2013; Jun. 9, 2020>

1. The development projects involved shall meet public interest objectives, leading to the unification of the coast areas and inland areas and contributing to the enhancement of national competitiveness by establishing economic axes;

2. The development projects involved shall be environmentally sustainable;

3. The development projects involved shall conform to the characteristics and conditions of the relevant localities;

4. The investment plan, etc. for the development projects involved shall be feasible;

5. The development projects involved shall meet other requirements prescribed by Presidential Decree.

(2) Where Mayors/Do Governors intend to request the designation of a development zone pursuant to paragraph (1), they shall prepare and submit a plan to develop the coast areas or inland areas (hereinafter referred to as "development plan"); provided, where any area prescribed by Presidential Decree is designated as a development zone, the relevant development plan may be prepared after the designation of the development zone. <Amended on Apr. 15, 2010>

(3) Mayors/Do Governors may request the designation of a development zone pursuant to paragraph (1) upon receiving a proposal from a person falling under any subparagraph of Article 11 (1). In such cases, any person who proposes the designation of a development zone shall prepare and submit the documents specified by Ministerial Decree of the Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013>

(4) Where Mayors/Do Governors request the designation or revision of a development zone pursuant to paragraph (1), they shall seek opinions in advance from residents and the heads of the relevant Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply), as prescribed by Presidential Decree; provided, the foregoing shall not apply to any revision to insignificant matters prescribed by Presidential Decree.

(5) Where the Minister of Land, Infrastructure and Transport designates or revises a development zone pursuant to paragraph (1), he or she shall give public notice thereof, as prescribed by Presidential Decree, and shall notify the heads of relevant administrative agencies and the heads of local governments thereof. In such cases, when a development zone is designated and publicly notified, the public notice of the topographic maps and other relevant materials shall also be given pursuant to Article 8 of the Framework Act on the Regulation of Land Use. <Amended on Apr. 1, 2009; Mar. 23, 2013>

(6) If any area subject to designation stretches over 2 or more Cities/Dos when a development zone in accordance with paragraphs (1) through (4) is designated or revised, a request for designation shall be made jointly by the relevant Mayors/Do Governors. <Amended on Jun. 9, 2020>

(7) Matters necessary for the scale of development zones, procedures for requesting the designation or revision thereto, and other relevant matters in the designation and revision of a development zone under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>

(8) Where Mayors/Do Governors intend to request the designation of a development zone in accordance with paragraph (1), they shall make such request with the materials prescribed by Presidential Decree, of the materials under the subparagraphs of Article 71 (1) of the Building Act, and the development zone so designated shall be deemed a special building zone under Article 69 of the Building Act. In such cases, Article 69 (2) 2 of the Building Act shall not apply only when a development zone includes a park area under Article 2 of the Natural Parks Act. <Added on Mar. 28, 2008; Jun. 9, 2020>

(9) Any construction works of a building prescribed by Presidential Decree within a development zone shall be subject to deliberation by the Building Committee established by the relevant Mayors/Do Governors or the heads of the relevant Sis/Guns/Gus pursuant to Article 4 (1) of the Building Act. <Added on Mar. 28, 2008>

(10) The period for consultation prescribed in paragraph (1) shall be 20 days which may be extended only once by up to ten days; provided, the period for consultation on strategic environmental assessment provided for in Articles 8 and 20-2 (2) 1 shall be as prescribed in the Environmental Impact Assessment Act. <Added on Feb. 8, 2017>

Article 9(Cancellation of Designation of Development Zones) #

(1) If a development zone designated under Article 7 falls under any of the following subparagraphs, the designation thereof may be cancelled, subject to deliberation by the National Land Policy Committee; provided, deliberation by the National Land Policy Committee may be waived for any case falling under subparagraph 3: <Amended on May 30, 2011>

1. The third anniversary of the date on which the relevant development plan was established and publicly notified, if no application has been filed for approval of an implementation plan under Article 14, or if an implementation plan has not been finalized with the opinions of the relevant Mayors/Do Governors reflected therein, by the third anniversary of the date on which the relevant development plan was established and publicly notified;

2. The second anniversary of the date on which the relevant implementation plan under Article 14 was approved and publicly notified, if parcels of the land involved have not been purchased up to the ratio prescribed by Presidential Decree, by the second anniversary of the date on which the relevant implementation plan was approved and publicly notified;

3. The date on which the completion of the development project is publicly announced.

(2) If the designation of a development zone is cancelled pursuant to paragraph (1) 1 or 2, the specific use area, specific use zone, or district unit planning zone specified in the National Land Planning and Utilization Act shall be deemed to have been reinstated to the former specific use area, specific use zone, or district unit planning zone designated prior to the designation to the relevant development zone or have been abolished.

(3) When the designation of a development zone is cancelled pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly notify the cancellation as prescribed by Presidential Decree, and notify the heads of relevant administrative agencies thereof. <Amended on Apr. 1, 2009; Mar. 23, 2013>

Article 12(Approval of Development Plans) #

(1) Mayors/Do Governors shall prepare a development plan and obtain approval thereof from the Minister of Land, Infrastructure and Transport. The foregoing shall also apply to any revision to the development plan so approved; provided, excluded herefrom is a modification to any insignificant matter prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013>

(2) Each development plan shall include the following matters; provided, a project within any natural park prescribed by Presidential Decree included in a park area under subparagraph 5 of Article 2 of the Natural Parks Act shall be limited to the project for the installation of facilities that meet the type and scale of park facilities prescribed by Presidential Decree, such as pleasure boat piers and esplanade: <Amended on Dec. 31, 2008; Apr. 15, 2010; Jun. 9, 2020>

1. The name, location and area of the development zone;

2. Purposes of designation of the development zone and the implementation period of the development project;

3. Matters concerning the division of the development zone, if the development zone is divided into 2 or more project sections to perform the development project;

4. Matters concerning the project implementer and the method of implementation;

5. A plan for environmental conservation and the prevention of pollution;

6. A plan for accommodation of population traffic management, and land use;

7. A plan for installation of facilities for public health, medical service, education and welfare;

8. A plan for installation of major infrastructure, such as roads, waterworks, and sewerage systems;

9. A plan for procurement of finances and an annual investment plan;

10. A plan for compensation and matters concerning the disposition of developed land;

11. A detailed list of the property subject to expropriation or use under Article 16 (1), if any;

12. A plan for apportionment of expenses necessary for establishing infrastructure in an area outside the development zone, if it is necessary to install such infrastructure outside the development zone;

13. Matters concerning the designation of an investment promotion district in the coast areas or inland areas;

14. Other matters prescribed by Presidential Decree.

(3) Where the Minister of Land, Infrastructure and Transport intends to approve a development plan pursuant to paragraph (1), he or she shall undergo deliberation thereon by the National Land Policy Committee; and where he or she approves such plan, he or she shall publicly notify it as prescribed by Presidential Decree and notify the heads of relevant administrative agencies and the heads of local governments thereof. <Amended on Apr. 1, 2009; May 30, 2011; Mar. 23, 2013>

(4) When a development plan is publicly notified, the following approval, determination, designation, formulation, etc. (hereinafter referred to as "approval, determination, etc.") shall be deemed to have been granted or made on the date of the public notice, with regard to matters on which prior consultations with the heads of relevant central administrative agencies have been conducted: <Amended on Apr. 15, 2010; Apr. 14, 2011; Jul. 24, 2015; Feb. 8, 2017; Apr. 17, 2018; Jun. 9, 2020>

1. Determination of an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act for change to an urban area or control area under subparagraph 1 or 2 of Article 6 of that Act or for designation as a district unit planning zone under Article 51 of the same Act (limited to an area designated as a marine tourism promotion district in cases of change to a control area);

2. Determination of an Urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act to change and release from a fisheries-resources protection zone pursuant to Article 40 of the aforesaid Act;

3. Formulation of, or amendment to, an urban/Gun basic plan under Article 18, 22, or 22-2 of the National Land Planning and Utilization Act, and approval thereof (where a development zone is designated in a Si/Gun, limited to cases where an amendment to the urban/Gun basic plan for areas other than the development zone has been formulated and submitted to the relevant Si/Gun);

4. Designation of an urban development zone under Article 3 of the Urban Development Act, and formulation of, or amendment to, an urban development plan under Article 4 of the aforesaid Act;

5. Designation of a prearranged area under Article 3 of the Housing Site Development Promotion Act, and formulation of a housing site development plan under Article 8 of the aforesaid Act;

6. Designation of a national industrial complex, general industrial complex, up-to-date city industrial complex under Article 6, 7, or 7-2 of the Industrial Sites and Development Act, and designation of an agricultural and industrial complex under Article 8 of the aforesaid Act;

7. Designation of a logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities;

8. The formulation of, or amendment to, a marine spatial master plan under Article 5 of the Act on Marine Spatial Planning and Management, and the formulation of, or amendment to, a marine spatial management plan under Article 7 of the same Act;

9. The formulation of, or amendment to, a basic plan to reclaim public waters under Article 22 or 27 of the Public Waters Management and Reclamation Act;

10. The formulation of, or amendment to, a basic river plan under Article 25 of the River Act;

11. The formulation of, or amendment to, a framework plan for sewerage management under Article 5 or 6 of the Sewerage Act;

12. Amendment to a park planning under Article 15 of the Natural Parks Act;

13. The formulation of, or amendment to, a basic harbor plan under Article 5 or 7 of the Harbor Act;

14. Implementation of a traffic impact assessment under Article 15 of the Urban Traffic Improvement Promotion Act;

15. Designation of a tourist destination or tourism complex prescribed in Article 52 of the Tourism Promotion Act.

(5) Mayors/Do Governors shall commission an expert in the area of urban planning, urban design, or architecture to a general planner to take charge of comprehensively conducting and coordinating the entire course of establishing a development plan. In such cases, Mayors/Do Governors who intend to commission such general planner shall hear the opinions of the heads of the relevant Sis/Guns/Gus in advance and seek advice from the joint council for the development of the coast areas or inland areas referred to in Article 22. <Added on Mar. 28, 2008; Apr. 15, 2010>

(6) Article 9 (3) of the Special Act on the Promotion of Urban Renewal shall apply mutatis mutandis to the eligibility requirements for, and duties and authority of, general planners under paragraph (5), and other matters concerning the management thereof. <Added on Mar. 28, 2008; Apr. 15, 2010>

Article 15(Constructive Authorization Permission) #

(1) When a project implementer has obtained approval of or approval of any revision to an implementation plan under Article 14 or heard opinions thereon, the following permission, authorization, designation, approval, consultations, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, made, given, or completed with regard to matters on which consultations with the heads of relevant central administrative agencies have been conducted; and when the implementation plan is publicly notified in accordance with Article 14 (3), the authorization, permission, etc. under the statutes mentioned in the following subparagraphs shall be deemed to have been publicly notified or publicly announced: <Amended on Jan. 30, 2009; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Feb. 8, 2017; Apr. 30, 2019; Jan. 29, 2020; Mar. 31, 2020; Jun. 9, 2020; Jul. 20, 2021; Dec. 27, 2022>

1. Permission under Article 11 of the Building Act, reporting under Article 14 of the aforesaid Act, change of matters permitted or reported under Article 16 of the aforesaid Act, permission for, or reporting on a temporary building under Article 20 of the aforesaid Act, and consultation on building works under Article 29 of the aforesaid Act;

2. Approval of an implementation plan under Article 9 of the Special Act on Designation and Management of Free Economic Zones;

3. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, and approval of, or reporting on an implementation plan for occupancy and use under Article 17 of the aforesaid Act, a reclamation license under Article 28 of the aforesaid Act, consultation or approval under Article 35 of the aforesaid Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the aforesaid Act;

4. Deleted; <Apr. 15, 2010>

5. Approval of a business plan under Article 15 of the Tourism Promotion Act, approval of a plan to develop tourist destinations and a tourism complex under Article 54 of the aforesaid Act, and permission to implement a development project under Article 55 of the aforesaid Act;

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

7. Determination of an Urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (the Urban/Gun management plan shall conform to the Urban/Gun basic plan, if the latter is in place), permission for development activities under Article 56 of the aforesaid Act, designation of a project implementer for planned urban facilities under Article 86 of the aforesaid Act, and authorization of an implementation plan under Article 88 of the aforesaid Act;

8. Approval to use any purpose, other than that of infrastructure for agricultural production under Article 23 of the Agricultural and Fishing Villages Improvement Act, and approval of a business plan for a tourism and resort complex in an agricultural or fishing village under Article 82 of the aforesaid Act;

9. Permission for, or consultation on the diversion of farmland under Article 34 of the Farmland Act and reporting on the diversion of farmland under Article 35 of the aforesaid Act;

10. Permission to implement road works by a person other than a road management authority under Article 36 of the Road Act, permission to occupy and use a road under Article 61 of the aforesaid Act, and consultation with, or approval by, the relevant road management authority under Article 107 of the aforesaid Act;

11. Designation of a project implementer for an urban development project under Article 11 of the Urban Development Act and authorization of an implementation plan for an urban development project under Article 17 of the aforesaid Act;

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

13. Permission to open a private road under Article 4 of the Private Road Act;

14. Permission to fell trees, etc. under Article 14 of the Erosion Control Work Act, and cancellation of the designation of an erosion control area under Article 20 of the aforesaid Act;

15. Permission to divert a mountainous district under Article 14 of the Mountainous Districts Management Act, and reporting on the diversion of a mountainous district under Article 15 of the aforesaid Act, and permission for, or reporting on the temporary use of a mountainous district under Article 15-2 of the aforesaid Act;

16. Permission for, or reporting on, cutting standing trees, etc. under Article 36 (1) or (5) of the Creation and Management of Forest Resources Act, permission for, or reporting on, activities inside a reserved forest under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act (excluding protected areas for forest genetic resources), and cancellation of the designation of a reserved forest under Article 11 (1) 1 of that Act;

17. Permission to implement a small river project under Article 10 of the Small River Maintenance Act, and permission to occupy and use a small river under Article 14 of the aforesaid Act;

18. Authorization for a general waterworks project or an industrial waterworks project under Article 17 or 49 of the Water Supply and Waterworks Installation Act, and authorization for the installation of private-use waterworks or private-use industrial waterworks under Article 52 or 54 of the aforesaid Act;

19. Permission to implement a fishery harbor development project under Article 23 of the Fishing Villages and Fishery Harbors Act;

20. Consultation on an energy use plan under Article 8 of the Energy Use Rationalization Act;

21. Approval of an implementation plan for a logistics complex development project under Article 28 of the Act on the Development and Management of Logistics Facilities;

22. Permission to implement a park project by a person, other than a park management agency under Article 20 of the Natural Parks Act (limited to the natural parks prescribed by Presidential Decree and the facilities that meet the criteria concerning the types and scale of park facilities prescribed by Presidential Decree, such as pleasure boat piers and esplanade, for which the determination of, or a revision to, the park plan has been publicly notified after deliberation by the park committee in the relevant park management agency);

23. Permission to open a grave under Article 27 of the Act on Funeral Services, Etc.;

24. Approval of a business plan under Article 15 of the Housing Act;

25. Permission to use and make profits under Article 20 of the Public Property and Commodity Management Act;

26. Reporting on the commencement, alteration or completion of a project under Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;

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

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

29. Permission to change the form and quality of land under Article 21-2 of the Grassland Act, and permission to divert grassland under Article 23 of the aforesaid Act;

40. Examination of the publication of maps, etc. under Article 15 (4) of the Act on the Establishment and Management of Spatial Data;

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

32. Approval for, or reporting on the installation of a wastes disposal facility under Article 29 of the Wastes Control Act;

33. Authorization for the installation of a public sewerage system (limited to a night soil treatment facility for the public sewerage system) under Article 11 of the Sewerage Act, permission to implement a public sewerage project under Article 16 of that Act, and permission to occupy and use a public sewerage system under Article 24 of that Act;

34. Consultation with, or approval of, the river management agency under Article 6 of the River Act, permission to implement a river project under Article 30 of the aforesaid Act, and permission to occupy, use, etc. a river under Article 33 of the aforesaid Act;

35. Permission for performance of harbor development project under Article 9 (2) of the Harbor Act, and approval of an implementation plan for harbor development project under Article 10 (2) of that Act;

36. Approval of an implementation plan for national industrial com plex development under Article 17 of the Industrial Sites and Development Act, approval of an implementation plan for general industrial complex development under Article 18 of the aforesaid Act, approval of an implementation plan for up-to-date city industrial complex development under Article 18-2 of the aforesaid Act, and approval of an implementation plan for agricultural and industrial complex development under Article 19 of the aforesaid Act;

37. A business license under Article 7 of the Electric Utility Act, and approval of, or reporting on plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;

38. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

39. Authorization of an implementation plan under Article 16 of the Development and Management of Deep Sea Water Act, and permission to engage in manufacturing deep sea drinking water under Article 27 of the aforesaid Act;

40. Approval for the establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act, and approval for the new establishment, etc. of a factory under Article 20 of the aforesaid Act;

41. Registration for the opening of a superstore under Article 8 of the Distribution Industry Development Act;

42. Permission to do acts in a protected zone under Article 9 of the Protection of Military Bases and Installations Act, and consultation on a disposition by an administrative agency under Article 13 of the aforesaid Act;

43. Prior consultation for development activities under Article 8 of the Baekdu-Daegan Protection Act.

(2) Any person who intends to obtain constructive authorization permission etc. under paragraph (1) shall submit relevant documents specified by the relevant Acts together, when he or she intends to file an application for the approval of or approval of any revision to an implementation plan or seek opinions thereon.

(3) When Mayors/Do Governors intend to approve an implementation plan or present their opinions thereon pursuant to Article 14, they shall consult in advance with the heads of relevant administrative agencies, if the implementation plan includes any matter falling under any subparagraph of paragraph (1).

(4) The period for consultation prescribed in paragraph (3) shall be 20 days. <Amended on Oct. 24, 2017>

(5) Where the heads of the relevant administrative agencies fail to submit their opinions within the period set forth in paragraph (4) (where the period for reply is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act, referring to such extended period), consultation shall be deemed to have been conducted. <Added on Oct. 24, 2017>

Article 18(Restrictions on Disposition of State-Owned or Public Land) #

(1) Any parcel of land owned by the State or a local government and located within an area for which a development plan was approved pursuant to Article 12 shall not be sold or otherwise transferred to any third party for any purpose other than the relevant development project, if the parcel of land is required for the project.

(2) Any property owned by the State or a local government and located within an area for which an implementation plan was approved pursuant to Article 14 may be sold to the relevant project implementer under a negotiated contract, notwithstanding the State Property Act, the Public Property and Commodity Management Act or any other statute or regulation. In such cases, the Mayors/Do Governors shall consult in advance with the head of the relevant administrative agency about the disuse and sale of the property.

(3) Upon receiving a request for consultation under the latter sentence of paragraph (2), the head of the relevant administrative agency shall take measures necessary for the disuse, sale, and other matters within 90 days from the date on which he or she was so requested.

(4) If it is not known which administrative agency is responsible for the management of State-owned property included in the property that is intended to be sold to a project implementer pursuant to paragraph (2), the Minister of Economy and Finance shall take responsibility for the management of such property or dispose of it, notwithstanding provisions of other statutes or regulations. <Amended on Apr. 1, 2009>

(5) When the Minister of Economy and Finance, the authorities responsible for the management of State-owned property, or the head of each local government concludes a sale contract in accordance with paragraph (2), he or she may make a special agreement that if the use of the property does not commence within an agreed period or the property is not used for a specific project he or she may cancel the contract. <Amended on Apr. 1, 2009; Jun. 9, 2020>

Article 19(Vesting of Ownership of Public Facilities) #

(1) Where the State or a local government, as a project implementer, installs any public facility, either new or as a replacement for a pre-existing public facility, as part of the development project implemented by it, the ownership of pre-existing public facility shall vest in the project implementer, while the ownership of the newly installed public facility shall vest in the State or the competent local government, whichever shall be responsible for the management of the facility, notwithstanding the State Property Act, the Public Property and Commodity Management Act, or any other statute or regulation. <Amended on Jun. 9, 2020>

(2) The ownership of any public facility newly installed by a project implementer, other than the State or a local government, as part of the development project implemented by him or her shall vest in the State or the competent local government, whichever shall be responsible for the management of the facility, while the property owned by the State or the competent local government and disused as a consequence of the replacement for the functions of the public facility as part of the development project implemented by him or her may be transferred to the relevant project implementer without charge to the extent that it covers the cost and expenses incurred in installation of the new public facility, notwithstanding the State Property Act, the Public Property and Commodity Management Act, or any other statute; provided, the value of the property owned by the State or the competent local government shall be appraised as on the day immediately following the approval date of the project, and if the appraised value of the disused property of the State or the competent local government is greater the project implementer shall be required to pay the difference.

(3) When a Mayor/Do Governor intends to approve the implementation of a development project in which the matters concerning the vesting and transfer of ownership of public facilities under paragraphs (1) and (2) are included or present his or her opinion thereon he or she shall hear the opinions from the competent management authorities or local government in advance.

(4) Each project implementer shall notify the competent management authorities or local government, before the completion of the relevant development project, of the type and detailed list of assets with regard to the public facilities, the ownership of which shall vest in the State or the competent local government under paragraphs (1) and (2) and assets, the ownership of which shall vest in, or shall be transferred to, the project implementer, and the ownership of such public facilities and assets shall be deemed to be vested or transferred to the State, the local government, or the project implementer at the time when a notice of approval for completion is given to the management authorities or the local government upon completion of the project. <Amended on Jun. 9, 2020>

(5) Where public facilities and property under paragraph (4) are to be registered, a written approval of the relevant implementation plan (referring to a document certifying the fact that an opinion on the implementation of the relevant development project has been heard, if the project implementer is the State) and a written authorization for completion may serve as substitutes for documents certifying the cause of registration under the Registration of Real Estate Act. <Amended on Jun. 9, 2020>

Article 20(Final Inspection) #

(1) Upon whole or partial completion of construction works of the development project, each project implementer (excluding the State or Mayors/Do Governors) shall prepare a project completion report for the final inspection of Mayors/Do Governors, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>

(2) Upon receiving the project completion report under paragraph (1), the Mayors/Do Governors shall conduct the final inspection without delay.

(3) If a Mayor/Do Governor recognizes as a result of the final inspection under paragraph (2) that the development project has been completed in conformity with the implementation plan, he or she shall issue a certificate of completion of final inspection to the project implementer and publicly announce the completion of the project, while if the project has not been completed in accordance with the implementation plan, he or she shall take necessary measures, such as corrective works, without delay. <Amended on Jun. 9, 2020>

(4) If the State or Mayors/Do Governors are project implementers, the State or Mayors/Do Governors shall publicly announce the completion of the project upon whole or partial completion of construction works of the development project. In such cases, if the project implementer is the State but is not the Minister of Land, Infrastructure and Transport, the project implementer shall consult in advance with the Minister of Land, Infrastructure and Transport and the Mayors/Do Governors, while if the project implementer is the Minister of Land, Infrastructure and Transport, he or she shall consult in advance with the Mayors/Do Governors. <Amended on Apr. 1, 2009; Mar. 23, 2013>

(5) In conducting final inspections in accordance with paragraph (2) or in publicly announcing the completion of projects in accordance with paragraph (4), the matters about which the State or Mayors/Do Governors have already consulted with heads of relevant administrative agencies in accordance with paragraph (7) in connection with the final inspection and the authorization for completion for the constructive authorization, permission, etc. in accordance with Article 15 shall be deemed to have passed or obtained the relevant final inspection and the authorization for completion. <Amended on Jun. 9, 2020>

(6) If a project implementer (excluding the State or Mayors/Do Governors) intends to be entitled to the constructive final inspection and authorization for completion under paragraph (5), he or she shall submit the relevant documents specified by relevant statutes together, when he or she files an application for the final inspection under paragraph (1). <Amended on Jun. 9, 2020>

(7) Where the State or a Mayor/Do Governor conducts final inspections under paragraph (2) or in publicly announcing the completion of projects in accordance with paragraph (4), he, she, or it shall, if an inspection or public announcement involves any matter pertinent to the final inspection and authorization for completion for the constructive authorization, permission, etc. in accordance with Article 15, consult in advance with heads of relevant administrative agencies. <Amended on Jun. 9, 2020>

Article 20-2(Special Cases concerning Designation of Marine Tourism Promotion Districts) #

(1) The Minister of Land, Infrastructure and Transport may designate a marine tourism promotion district at the request of Mayors/Do Governors, and shall publicly notify designation if he or she designates such district.

(2) Where the Minister of Land, Infrastructure and Transport intends to designate a marine tourism promotion district, in addition to performing the procedures prescribed in Article 7 (1), he or she shall conduct the following consultation or deliberation:

1. Consultations on strategic environmental impact assessment prescribed in Article 16 of the Environmental Impact Assessment Act (consultations shall be conducted regardless of whether the relevant matter is subject to strategic environmental impact assessment provided for in Article 9 of the Environmental Impact Assessment Act, and shall include consultations on impacts on natural scenery provided for in Article 28 of the Natural Environment Conservation Act);

2. Prior consultations on examination of factors influencing disasters prescribed in Article 4 of the Countermeasures against Natural Disasters Act;

3. Deliberation by the Central Committee for Deliberation on Coastal Management prescribed in Article 30 of the Coast Management Act.

(3) Where a comprehensive plan needs to be amended to designate a marine tourism promotion district, a Mayor/Do Governor shall submit a proposal of changes to the comprehensive plan jointly with the related Mayor/Do Governor when he or she requests the designation of a marine tourism promotion district referred to in paragraph (1).

(4) Where the Minister of Land, Infrastructure and Transport receives a request for designation of a marine tourism promotion district together with a proposal of changes to a comprehensive plan pursuant to paragraph (3), he or she may perform each of the following procedures, respectively necessary to change the comprehensive plan and to designate the marine tourism promotion district, at the same time for both purposes, and any decisions as to designation of the marine tourism promotion district and amendment to the comprehensive plan shall be made simultaneously:

1. Consultation with the heads of the relevant central administrative agencies;

2. Deliberation by the National Land Policy Committee.

(5) Where the Minister of Land, Infrastructure and Transport intends to designate a marine tourism promotion district, he or she shall take into account the following matters in addition to the matters specified in the subparagraphs of Article 7 (1):

1. The relevant district shall be consistent with the basic direction of the comprehensive plan;

2. The relevant district shall have good growth potential in areas such as tourism and recreation without harming the harmony with coastal scenery;

3. The relevant district shall have high potential for investment promotion and meet the criteria for area, investment scale, etc. prescribed by Presidential Decree.

(6) A marine tourism promotion district may include a park area defined in subparagraph 5 of Article 2 of the Natural Parks Act, limited to areas where park facilities defined in subparagraph 10 of the same Article are installed. In such cases, deliberation by the National Park Committee shall be conducted pursuant to Article 7 (1), and the proviso to Article 12 (2) shall not apply to the development plan for the relevant park area.

(7) Not only when a marine tourism promotion district falls under any subparagraph of Article 9 (1), but when a marine tourism promotion district fails to meet the criteria specified in paragraph (5) 3, the Minister of Land, Infrastructure and Transport may cancel the designation of the relevant marine tourism promotion district.

[This Article Added on Feb. 8, 2017]

SPECIAL ACT ON THE DEVELOPMENT OF THE EAST, WEST, AND SOUTH COAST AREAS AND INLAND AREAS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relations to other Plans) #

Article 4(Obligations of State) #

Article 5(Drafting of Comprehensive Plans) #

Article 6(Finalization of Comprehensive Plans) #

Article 7(Designation of Development Zones) #

Article 8(Consultation on Strategic Environmental Assessment) #

Article 9(Cancellation of Designation of Development Zones) #

Article 10(Restriction on Activities) #

Article 11(Project Implementers) #

Article 12(Approval of Development Plans) #

Article 13(Basic Surveys) #

Article 14(Approval of Implementation Plans) #

Article 15(Constructive Authorization Permission) #

Article 16(Expropriation and Use of Land) #

Article 17(Direct Use of Land) #

Article 18(Restrictions on Disposition of State-Owned or Public Land) #

Article 19(Vesting of Ownership of Public Facilities) #

Article 20(Final Inspection) #

Article 20-2(Special Cases concerning Designation of Marine Tourism Promotion Districts) #

Article 20-3(Special Cases concerning Application of Relevant Acts in Marine Tourism Promotion Districts) #

Article 21 #

Article 22(Joint Councils for Development of East, West, and South Coast Areas, or Inland Areas) #

Article 23(Planning Team for Development of East, West, and South Coast Areas, and Inland Areas) #

Article 23-2(Establishment of Organization Exclusively in Charge of Developing East, West, and South Coast Areas, or Inland Areas) #

Article 24(High-Tech Science and Technology Complexes) #

Article 25(Designation etc. of Investment Promotion Districts) #

Article 26(Cancellation of Designation of Investment Promotion Districts) #

Article 27(Financial Support for Moving-in Enterprises) #

Article 28(Promotion of Marine Tourism Industry) #

Article 29(Promotion of Cultural Tourism Industry) #

Article 29-2(Special Cases concerning Use of Abolished School Properties) #

Article 30(Special Cases in Application of the Installation and Utilization of Sports Facilities Act) #

Article 30-2(Application Mutatis Mutandis) #

Article 31(Grant of Subsidies from National Treasury) #

Article 31-2(Tax Exemption or Reduction) #

Article 32(Abatement of and Exemption from Charges) #

Article 33(Measures for Stabilization of Real Estate Prices and Deterrence of Reckless Development) #

Article 34(Supervision) #

Article 35(Hearings) #

Article 36(Delegation of Authority) #

Article 37(Penalty Provisions) #

Article 37-2(Penalty Provisions) #

Article 37-3(Penalty Provisions) #

Article 38(Joint Penalty Provisions) #

Article 39(Administrative Fines) #