SPECIAL ACT ON PROMOTION OF THE SAEMANGEUM PROJECT

Article 1(Purpose) #

The purpose of this Act is to contribute to balanced regional development and the enhancement of national competitiveness by developing, using, and preserving the area of the Saemangeum project, which has been created as a result of the Saemangeum land reclamation project, as sites for environment-friendly, multi-functional, high-tech complexes mainly for agriculture, industries, tourism, environment, and logistics.

Article 2(Definitions) #

The terms used in this Act shall be defined as follows: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10837, Jul. 14, 2011; Act No. 11020, Aug. 4, 2011>

1. The term "Saemangeum project area" means tide embankments created upon completion of the Saemangeum Seawall and the land, lakes, and marshes inside such embankments and the areas prescribed by Presidential Decree;

2. The term "Saemangeum project" means a comprehensive development project aimed at developing the Saemangeum project area in a comprehensive and systematic manner, including the following projects:

(a) Projects for rearranging agricultural and fishing villages under subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;

(b) Projects for developing industrial complexes under subparagraph 9of Article 2 of the Industrial Sites and Development Act;

(c) Projects for developing tourist destinations and tourism complexes under subparagraphs 6 and 7 of Article 2 of the Tourism Promotion Act;

(d) Projects for building infrastructure and urban/Gunplanning projects under subparagraphs 6 and 11 of Article 2 of the National Land Planning and Utilization Act;

(e) Projects for installing environmental preservation facilities under Article 19 of the Framework Act on Environmental Policy;

(f) Projects for installing energy facilities under subparagraphs 1 and 2 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;

(g) Other projects prescribed by Presidential Decree as may be necessary for developing, using and preserving the Saemangeum project area as sites for environment-friendly, multi-functional high-tech complexes;

(h) Public waters reclamation projects under subparagraph 4 of Article 2 of the Public Waters Management and Reclamation Act for implementing projects provided in items (a) through (g);

3. The term "master plan" means a long-term plan for the development of the Saemangeum project area, which classifies such project area into an agricultural zone, industrial zone, tourism zone, urban zone, scientific research zone, environmental zone, and logistics and energy zone according to specific land uses based on the assessment of future demand, and the establishment of a comprehensive action plan for its development;

4. The term "Saemangeum Lake" means lakes and marshes formed upon completion of the Saemangeum Seawall;

5. The term "foreigner" means a foreigner defined in Article 2 (1) 1 of the Foreign Investment Promotion Act;

6. The term "foreign-capital invested company" means a foreign-capital invested company defined in Article 2 (1) 6 of the Foreign Investment Promotion Act;

7. The term "public facilities" means public facilities defined in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act;

8. The term "reserved area" means an area that is included in the master plan under Article 5, the designation of any specific land use of which is reserved in order to flexibly respond to future demand for development.

Article 3(Relations to other Acts) #

This Act shall take precedence over any other Act in application of special cases for regulation to the Saemangeun project: Provided, That if any other Act has any provision more relaxed than the special cases for regulation under this Act, the corresponding provision of such Act shall apply.

Article 4(Relations to other Plans) #

The basic plans and implementation plans for the Saemangeun project under this Act shall take precedence over development plans under any other Act: Provided, That the foregoing shall not apply to the comprehensive national land plans under Article 6 (2) 1 of the Framework Act on the National Land and any plan under the Protection of Military Bases and Installations Act.

Article 5(Master Plan) #

(1) The Minister for Food, Agriculture, Forestry and Fisheries may draw upa master plan for the efficient promotion of the Saemangeum project and may also revise the master plan in response to changes in social and economic conditions as necessary.

(2) When the Minister for Food, Agriculture, Forestry and Fisheries intends to draw up or revise a master plan, he/she shall hear the opinion of the Governor of Jeollabuk-do thereon in advance, consult with the heads of the relevant central administrative agencies, and undergo deliberation by the Saemangeum Committee under Article 49 (hereinafter referred to as the "Saemangeum Committee"):Provided, deliberation by the Saemangeum Committee shall be waived for any minor matter specified by Presidential Decree.

(3) The master plan drawn uppursuant to paragraph (1) shall include the following matters:

1. Basic directions of the development project for each specific land use;

2. The location and area of the site for each specific land use;

3. The head of a competent central administrative agency responsible for each specific land use and the method of implementing projects therefor;

4. Measures for environmental conservation;

5. Measures for the procurement of financial resources;

6. Other matters specified by Presidential Decree.

(4) The Governor of Jeollabuk-do may propose matters concerning the master plan to the Minister for Food, Agriculture, Forestry and Fisheries. In such cases, the Minister for Food, Agriculture, Forestry and Fisheries may reflect such proposal in the master plan when he/she draws upor revises the master plan.

Article 5-2(Formulation, etc. of Plan to Build Interstate Infrastructure) #

(1) The Minister of Land, Transport and Maritime Affairs may, according to the master plan, formulate or modify a plan to build interstate infrastructure prescribed by Presidential Decree, such as roads, railways, ports, waterworks, or airports interlinking the agricultural zone, industrial zone, tourism zone, urban zone, scientific research zone, environmental zone, and logistics and energy zone, or interlinking the Saemangeum project area and other areas (hereinafter referred to as "plan to build interstate infrastructure").

(2) Where the Minister of Land, Transport and Maritime Affairs intends to formulate or modify the plan to build interstate infrastructure, he/she shall first seek opinions from the Governor of Jeollabuk-do and undergo deliberation by the Saemangeum Committee after consultations with the heads of the relevant central administrative agencies.

[This Article Newly Inserted by Act No. 10837, Jul, 14, 2011]

Article 6(Designation, etc. of Project Implementers) #

(1) The head of a competent central administrative agency responsible for each specific land use (hereinafter referred to as "head of a central administrative agency responsible for each specific land use"), such as the agricultural zone, industrial zone, tourism zone, urban zone, scientific research zone, environmental zone, and logistics and energy zone, shall designate an implementer of the relevant Saemangeum project (hereinafter referred to as "project implementer") among the following persons:

1. State agencies and local governments;

2. Public institutions under the Act on the Management of Public Institutions;

3. Local public enterprises under the Local Public Enterprises Act;

4. Private investors who meet the qualification requirements prescribed by Presidential Decree in terms of capital, etc.;

5. Corporations incorporated jointly with funding from persons falling under subparagraphs 1 through 4.

(2) A project implementer designated pursuant to paragraph (1) who corresponds to subparagraph 1 or 2 of the same paragraph may delegate part of its business to a person falling under any provisions of paragraph (1) 2 through 5 or a person to occupy the relevant land, subject to approval by the head of a central administrative agency responsible for each specific land use, as prescribed by Presidential Decree, if necessary to undertake the relevant Saemangeum project in an efficient manner.<Amended by Act No. 10837, Jul. 14, 2011>

Article 7(Approval, etc. of Basic Development Plan for each Specific Land Use) #

(1) A project implementer designated pursuant to Article 6 (1) shall prepare a basic development plan for each specific land use (hereinafter referred to as "basic plan"), such as the agricultural zone, industrial zone, tourism zone, urban zone, scientific research zone, environmental zone, and logistics and energy zone in the master plan and theplan to build interstate infrastructure, and shall obtain approval from the head of a central administrative agency responsible for each specific land use. <Amended by Act No. 10837, Jul. 14, 2011>

(2) Each basic plan shall include the following: <Amended by Act No. 10599, Apr. 14, 2011>

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

2. Basic direction-setting for and necessity of the development project;

3. A land use and development plan (including areas requiring the designation of the district unit planning zone under Article 51 (1) of the National Land Planning and Utilization Act);

4. A plan to build infrastructure;

5. Environmental conservation measures (including a plan for parks, greenbelts, and landscaping);

6. Plans for inducing industries and installing major business facilities (limited to cases related to each specific land use);

7. A financing plan;

8. Other matters prescribed by Presidential Decree.

(3) When the head of a central administrative agency responsible for each specific land use intends to approve a basic plan, he/she shall first seek opinions from the Governor of Jeollabuk-do and undergo deliberation by the Saemangeum Committee after consultations with the heads of the relevant central administrative agencies. The same shall also apply to revisions to any important matter prescribed by Presidential Decree.

(4) When the head of a central administrative agency responsible for each specific land use intends to approve a basic plan which contains any development project subject to consultation on strategic environmental impact assessment, he/she shall conduct a strategic environmental impact assessment pursuant to Articles 11 through 15 of the Framework Act on Environmental Policy and request consultation to the Minister of Environment or the head of a competent regional environmental office about the strategic environmental impact assessment pursuant to Article 16 of the aforesaid Act. <Amended by Act No. 10892, Jul. 21, 2011>

(5) When the head of a central administrative agency responsible for each specific land use approves, revises, or abolishes a basic plan, he/she shall give public notice thereof, as prescribed by Presidential Decree.

Article 8(Effects of Approval of Basic Development Plan) #

(1) When a basic plan is approved pursuant to Article 7, the following plans are also deemed established, approved or revised in accordance with the details of the basic plan: <Amended by Act No. 9758, Jun. 9, 2009; Act No. 10599, Apr. 14, 2011; Act No. 10837, Jul. 14, 2011>

1. The establishment of a basic plan for a project for rearranging infrastructure for agricultural production under Article 8 of the Rearrangement of Agricultural and Fishing Villages Act;

2. The establishment of, or a revision to, a zonal plan under Article 51 of the Tourism Promotion Act;

3. The establishment of, or a revision to, a basic Si/Gun urban plan and a basic urban/Gun plan under Article 22-2 of the National Land Planning and Utilization Act or approval thereof by the competent Do Governor (limited to cases where a draft revision to a basic urban/Gun plan prepared for an area subject to the establishment of a basic plan for each specific land use was submitted to, and approved by, the competent Do Governor);

4. A revision to a basic river plan under Article 25 of the River Act;

5. The establishment of, or a revision to, a basic plan for reclamation of public waters under Article 22 or 27 of the Public Waters Management and Reclamation Act.

(2) When the approval of a basic plan is publicly notified pursuant to Article 7 (5), any area falling under the parenthesized part of paragraph (2) 3 of the aforesaid Article is deemed designated and publicly notified as a district unit planning zone under Article 51 (1) of the National Land Planning and Utilization Act.<Amended by Act No. 10599, Apr. 14, 2011>

Article 9(Notification, etc. of Approval of Basic Plan) #

(1) When the head of a central administrative agency responsible for each specific land use approves a basic plan pursuant to Article 7, he/she shall notify, without delay, the head of a relevant central administrative agency and the Governor of Jeollabuk-do of the basic plan.

(2) The Governor of Jeollabuk-do shall, upon receiving the notice of approval of a basic plan pursuant to paragraph (1), take measures necessary for making the basic plan, as finalized and publicly notified, available to the general public for inspection, as prescribed by Presidential Decree.

Article 10(Approval, etc. of Development Implementation Plan for Each Specific Land Use) #

(1) Any project implementer who intends to implement the Saemangeum project shall prepare a development implementation plan for each specific land use (hereinafter referred to as "implementation plan") and obtain approval from the head of a central administrative agency responsible for each specific land use, as prescribed by Presidential Decree. The same shall also apply to any revision thereto.

(2) Each implementation plan shall include the following: Provided, That details provided in subparagraphs 6, 6-2, 8, and 10 may not be included in the implementation plan, in cases of public waters reclamation projects under subparagraph 2 (h) of Article 2: <Amended by Act No. 10837, Jul. 14, 2011>

1. The name, location, and area of the project site;

2. Basic direction-setting for and necessity of the development project;

3. The name (if the project implementer is a corporation, the names of the corporation and its representative) and address of the project implementer;

4. The implementation period and method of development of the project;

5. A ground plan and drawings for the project plan;

6. A land use plan (including plans for the inducement of industries and the establishment of major business facilities);

6-2. Class-I district unit planning (limited to the areas deemed designated and published as Class-I district unit planning zones pursuant to Article 8 (2)) established under Article 52 of the National Land Planning and Utilization Act;

7. An environmental management plan;

8. A plan to build infrastructure;

9. A financing plan and annual investment plans;

10. A disposition plan of developed land;

11. Other matters prescribed by Presidential Decree.

(3) When the head of a central administrative agency responsible for each specific land use intends to approve an implementation plan, he/she shall first seek opinions from the Governor of Jeollabuk-do and consult with the heads of relevant central administrative agencies, as prescribed by Presidential Decree. The same shall also apply to revisions to any important matter prescribed by Presidential Decree.

(4) Any project implementer who intends to obtain approval of his/her implementation plan pursuant to paragraph (1) shall undergo an environmental impact assessment under Articles 22 and 42 of the Environmental Impact Assessment Act in advance. <Amended by Act No. 10892, Jul. 21, 2011>

(5) When the head of a central administrative agency responsible for each specific land use approves an implementation plan or any revision thereto pursuant to paragraph (1), he/she shall publish matters prescribed by Presidential Decree in the Official Gazette and service each copy of relevant documents to the Governor of Jeollabuk-do and the relevant project implementer.

Article 11(Implementation of Projects) #

Any project implementer who intends to implement a project shall follow the procedures provided by the Tourism Promotion Act, the National Land Planning and Utilization Act, the Rearrangement of Agricultural and Fishing Villages Act, the Urban Development Act, the Act on Public-Private Partnerships in Infrastructure, the Industrial Sites and Development Act, the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, the Foreign Investment Promotion Act, the Balanced Regional Development and Support for Local Small and Medium Enterprises Act, the Framework Act on Environmental Policy, and other relevant Acts (hereinafter referred to as "relevant Acts, etc."), except as otherwise provided for by this Act.

Article 12(Restriction on Activities, etc.) #

(1) Any person who intends to conduct any activity prescribed by Presidential Decree within the Saemangeum project area (excluding an area for which a license to reclaim public waters is obtained), such as erection of buildings, installation of structures, alterations to the form and quality of land, gathering of soil or stones, division of land, and piling-up of goods, shall obtain permission from the head of a Si/Gun. The same shall also apply to changes in any permitted activity.

(2) Notwithstanding the provisions of paragraph (1), any of the following activities may be conducted without permission:

1. Activities conducted for emergency measures necessary for disaster relief or control;

2. Other activities prescribed by Presidential Decree.

(3) Any person who has already commenced construction works or a project in connection with any activity subject to permission under paragraph (1) may continue the works or project after filing a report with the head of a Si/Gun, as prescribed by Presidential Decree, if he/she had already obtained permission for the activity in accordance with relevant Acts and subordinate statutes, or if he/she was not required to obtain permission for such activity, at the time the implementation of the project and its implementation plan were authorized and publicly notified pursuant to Article 96 of the amended Agricultural Community Modernization Promotion Act (Act No. 4118) and Article 9-2 of the amended Public Waters Reclamation Act (Act No. 3901).

(4) The head of a Si/Gun may order any person who has violated paragraph (1) to restore the original state. In such cases, the head of the Si/Gun may execute restoration works on behalf of the person pursuant to the Administrative Vicarious Execution Act, if the person who was so ordered fails to perform his/her obligation.

(5) Except as otherwise provided by this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (1).

(6) If permission is granted pursuant to paragraph (1), permission under Article 56 of the National Land Planning and Utilization Act is deemed granted as well.

Article 13(Special Cases for the Public Waters Management and Reclamation Act) #

(1) If an implementation plan is approved pursuant to Article 10, the purpose of reclamation of the area for which a reclamation license has been granted under Article 28 of the Public Waters Management and Reclamation Act, the area subject to proposed reclamation, or the reclaimed area with the work completion authorization already granted (including cases on which consultation or approval has been completed or granted pursuant to Article 35 of the aforesaid Act; hereafter referred to as "reclamation area, etc." in this Article) is deemed changed to the use specified by relevant Acts, notwithstanding the provisions of Article 48 of the aforesaid Act and Article 3 of the Addenda to the amended Public Waters Reclamation Act (Act No. 5911). <Amended by Act No. 10272, Apr. 15, 2010>

(2) If the purpose of reclamation of the Saemangeum project area is changed, rights arising from a reclamation license may be transferred to any project implementer before the completion of the relevant reclamation works is authorized, notwithstanding the provisions of Article 35 (2) of the Public Waters Management and Reclamation Act. <Amended by Act No. 10272, Apr. 15, 2010>

(3) If any project implementer acquires the rights arising from reclamation under paragraph (2), he/she shall be deemed obtained a reclamation license in accordance with Article 28 of the Public Waters Management and Reclamation Act.<Amended by Act No. 10272, Apr. 15, 2010>

(4) Any project implementer who intends to have the purpose of reclamation changed pursuant to paragraph (1) shall consult with the Minister of Land, Transport and Maritime Affairs in advance with the implementation plan under Article 10 (2) attached to the application.

(5) Deleted. <by Act No. 10837, Jul. 14, 2011>

Article 14(Access, etc. to Other Persons' Land) #

(1) If necessary for implementing the Saemangeum project, any project implementer may gain access to other persons' land or temporarily use other persons' land as a materials storage yard or temporary road and may alter or remove trees, soil, stones, and other obstacles therefrom, if particularly necessary.

(2) Articles 130 (2) through (9), 131, and 144 (1) 1, 2, and 3 and (3) of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases falling under paragraph (1). In such cases, "implementer of a planned urban/Gunfacility project" shall be construed as "project implementer" under this Act.<Amended by Act No. 10599, Apr. 14, 2011>

Article 15(Constructive Authorization, Permission, etc. under other Acts) #

(1) When a project implementer obtained approval of an implementation plan pursuant to Article 10, any permission, authorization, reporting, decision, designation, license, consultation, consent, cancellation, deliberation, etc. under the relevant Acts specified in the following (hereinafter referred to as "authorization, permission, etc.") is deemed granted, made, given, or completed; whereas when the head of a central administrative agency responsible for each specific land use or the competent Mayor/Do Governor approves and publicly notifies an implementation plan in accordance with the procedures provided by relevant Acts, etc., the authorization, permission, etc. under the relevant Act specified in any of the following is deemed publicly notified or announced: <Amended by Act No. 9757, Jun. 9, 2009; Act No. 9763, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 10764, May 30, 2011; Act No. 10837, Jul. 14, 2011; Act No. 11037, Aug. 4, 2011>

1. Permission for the installation of a discharging facility, or permission for or reporting on a change of a discharging facility, under Article 11 of the Act on the Management and Use of Livestock Excreta;

2. Deliberation by the DeliberationCommittee on Construction Technology under Article 5 of the Construction Technology Management Act;

3. Deliberation by the competent building committee under Article 4 of the Building Act, a building permit under Article 11 of the aforesaid Act, a building report under Article 14 of the aforesaid Act, a building permit for, or a construction report on, a temporary building under Article 20 of the aforesaid Act, consultation about building works under Article 29 of the aforesaid Act, or a report on the construction of a structure under Article 83 of the aforesaid Act;

4. Permits to extract aggregate under Article 22 of the Aggregate Extraction Act;

5. Permits to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of the aforesaid Act, or approval of an implementation plan under Article 17 of the aforesaid Act (excluding the area subject to proposed reclamation with a reclamation license already granted), a reclamation license for public waters under Article 28 of the aforesaid Act, public notice for a reclamation license under Article 33 of the aforesaid Act, consultation or approval under Article 35 of the aforesaid Act, and authorization and public announcement of an implementation plan for reclamation of public waters under Article 38 of the aforesaid Act;

6. Deleted; <by Act No. 10272, Apr. 15, 2010>

7. Permission for use or profit under Article 20 of the Public Property and Commodity Management Act;

8. Approval of a business plan under Article 15 of the Tourism Promotion Act, designation of tourist destinations and tourism complexes under Article 52 of the aforesaid Act, approval of a development plan of tourist destinations and tourism complexes under Article 54 of the aforesaid Act, or permission for the implementation of a development project under Article 55 of the aforesaid Act;

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

10. Decision on an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the aforesaid Act, deliberation on development activities under Article 59 of the aforesaid Act, designation of an implementer of an urban/Gun planning facility project under Article 86 of the aforesaid Act, authorization of an implementation plan under Article 88 of the aforesaid Act, or public notification of an implementation plan under Article 91 of the aforesaid Act;

11. Approval for the use of infrastructure for agricultural production for any purpose other than its original purpose under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act or approval of a project plan for the development of a tourism and recreation complex in an agricultural or fishing village under Article 82 of the aforesaid Act;

12. Alteration or cancellation of an agriculture promotion area under Article 31 of the Farmland Act or permission or consultation for the conversion of farmland under Article 34 of the aforesaid Act;

13. Consultation with, or approval by, a road management agency under Article 5 of the Road Act (limited to matters concerning approval for routes beyond district under Article 16 of the aforesaid Act, public announcement of approval of routes under Article 17 of the aforesaid Act, determination of road zones under Article 24 of the aforesaid Act, permission for the implementation of road works by any person other than a road management agency under Article 34 of the aforesaid Act, permission for the occupancy and use of roads under Article 38 of the aforesaid Act, or designation of a clearance zone under Article 49 of the aforesaid Act);

14. Designation of urban development zones under Article 3 of the Urban Development Act, formulation of urban development plans under Article 4 of the aforesaid Act, hearing of opinions of inhabitants and others under Article 7 of the aforesaid Act, announcement of the designation of an urban development zone under Article 9 of the aforesaid Act, designation of a project implementer of an urban development project under Article 11 of the aforesaid Act (excluding project implementers under subparagraph 4 of Article 6), authorization of the establishment of an association under Article 13 of the aforesaid Act, authorization of an implementation plan for an urban development project under Article 17 of the aforesaid Act, or announcement of the authorization of an implementation plan under Article 18 of the aforesaid Act;

15. The establishment of, or a revision to, a basic plan for park greenbelts under Article 9 of the Act on Urban Parks, Greenbelts, etc.;

16. Examination of the analysis of impact on traffic and measures for improvement under Article 16 of the Urban Traffic Improvement Promotion Act;

17. Authorization for the implementation of a project under Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

18. Authorization for the execution of a project under Article 9 of the Act on the Development and Management of Logistics Facilities, designation of a logistics complex under Article 22 of the aforesaid Act, or approval of an implementation plan for the development of a logistics complex under Article 28 of the aforesaid Act;

19. Permission for opening private roads under Article 4 of the Private Road Act;

20. Permission for logging under Article 14 of the Work against Land Erosion or Collapse Act or cancellation of the designation of erosion control areas under Article 20 of the aforesaid Act;

21. Permission for, or reporting on, felling standing trees, etc. under Article 36 (1) or (4) of the Forest Resources Creation and Management Act or permission for, or reporting on, acts within a reserved forest (excluding a gene resources protection forest) under Article 9 (1) or (2) 1 or 2 of the Forest Protection Act;

22. Designation of a national industrial complex, a general industrial complex, or an up-to-date city industrial complex under Article 6, 7, or 7-2 of the Industrial Sites and Development Act, designation of an agricultural and industrial complex under Article 8 of the aforesaid Act, designation of an implementer of an industrial complex development project under Article 16 of the aforesaid Act, approval of an implementation plan for the development of a national industrial complex under Article 17 of the aforesaid Act, approval of an implementation plan for the development of a general industrial complex under Article 18 of the aforesaid Act, approval of an implementation plan for the development of an up-to-date city industrial complex under Article 18-2 of the aforesaid Act, or approval of an implementation plan for the development of an agricultural and industrial complex under Article 19 of the aforesaid Act;

23. Approval for the establishment, etc. of factories under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;

24. Permission for, or reporting on, the conversion of mountainous districts under Article 14 or 15 of the Management of Mountainous Districts Act, and permission for, or reporting on, the temporary use of mountainous districts under Article 15-2 of the aforesaid Act, and permits to collect earth and sand or reporting thereon under Article 25 of the aforesaid Act;

25. Reporting on the installation of a fire-fighting system under Article 13 (1) of the Fire-Fighting System Installation Business Act;

26. Consent to a building permit, etc. under Article 7 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;

27. Approval of a comprehensive plan for the maintenance of small rivers under Article 6 of the Small River Maintenance Act, permission for the implementation of a small river project under Article 10 of the aforesaid Act, or permission to occupy and use small rivers under Article 14 of the aforesaid Act;

28. Authorization for a general waterworks project under Article 17 of the Water Supply and Waterworks Installation Act, authorization for an industrial waterworks project under Article 49 or 50 of the aforesaid Act, or authorization for an exclusive potable water supply system or an exclusive industrial water supply system under Article 52 or 54 of the aforesaid Act;

29. Consultation about an energy use plan under Article 10 of the Energy Use Rationalization Act;

30. Registration of the establishment of a superstore under Article 8 of the Distribution Industry Development Act, designation of a joint collection and delivery center under Article 29 of the aforesaid Act, or designation of a joint collection and delivery center development promotion zone under Article 34 of the aforesaid Act;

31. Permission for the installation of a place of production, etc. under Article 6 (1) of the Safety Control of Dangerous Substances Act;

32. Prior consultations about the examination of disaster impact under Article 4 of the Countermeasures against Natural Disasters Act;

33. Reporting on the opening of a grave under Article 8 of the Act on Funeral Services, etc. or permission for the opening of a grave under Article 27 of the aforesaid Act;

34. Permission for a power generation, transmission, or distribution business or a power sales business under Article 7 of the Electric Utility Act or authorization of, or reporting on, a project plan for the installation of a private electricity system under Article 62 of the aforesaid Act;

35. Approval of a project plan under Article 16 of the Housing Act;

36. Designation of an implementer of a comprehensive regional development project under Article 38-4 of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act or approval of an implementation plan under Article 38-5 of the aforesaid Act;

37. Reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the Act on Land Survey, Waterway Survey and Cadastral Records;

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

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

40. Permission for a change of the form and quality of land under Article 21-2 of the Grassland Act or permission for the conversion of grassland under Article 23 of the aforesaid Act;

41. Examination on the publication of maps under Article 15 (3) of the Act on Land Survey, Waterway Survey and Cadastral Records;

42. Designation of a housing site development area under Article 3 of the Housing Site Development Promotion Act, designation, etc. of an implementer of a housing site development project under Article 7 of the aforesaid Act, establishment of a housing site development plan under Article 8 of the aforesaid Act, or approval of the implementation plan for a housing site development project under Article 9 of the aforesaid Act;

43. Approval of, or reporting on, the installation of waste treatment facilities under Article 29 of the Wastes Control Act;

44. Authorization for the installation of a public sewerage system (limited to human excreta treatment facilities) under Article 11 of the Sewerage Act, permission for the implementation of a public sewerage project under Article 16 of the aforesaid Act, or permission to occupy and use a public sewerage system under Article 24 of the Sewerage Act;

45. Consultation with, or approval by, a river management agency under Article 6 of the River Act (limited to cases concerning permission for construction works near or over rivers by any person other than a river management agency under Article 30 of the aforesaid Act and permission, etc. to occupy and use a river under Article 33 of the aforesaid Act);

46. Permission for the implementation of a port or harbor project under Article 9 (2) of the Harbor Act or approval of an implementation plan under Article 10 (2) of the aforesaid Act.

(2) Any project implementer who intends to obtain constructive authorization, permission, etc. shall also submit relevant documents specified by the relevant Acts, when he/she files an application for approval or approval for revisions of an implementation plan.

(3) When the head of a central administrative agency responsible for each specific land use approves an implementation plan or any revision thereto pursuant to relevant Acts, etc., he/she shall consult in advance with the heads of relevant administrative agencies, if the implementation plan contains matters falling under any subparagraph of paragraph (1).

(4) Uponreceipt of a request for consultation from the head of a central administrative agency responsible for each specific land use pursuant to paragraph (3), the head of a relevant administrative agency shall present his/her opinion within 20 days from the date of receiving such request for consultation; if he/she does not present his/her opinion within the said period, it is deemed that he/she has no opinion thereon.<Amended by Act No. 10837, Jul. 14, 2011>

Article 16(Expropriation or Use of Land, etc.) #

(1) If necessary for implementing the Saemangeum project within the Saemangeum project area, any project implementer may expropriate or use (hereinafter referred to as "expropriation, etc.") any parcel of land, goods, or rights under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter referred to as "land, etc."): Provided, That any project implementer under Article 6 (1) 4 or 5 shall purchase parcels of land corresponding to at least 2/3 of the area of land subject to the relevant development project and obtain consent from at least 1/2 of the total number of land owners.

(2) When the approval of a basic plan is publicly notified pursuant to Article 7 (5), a project approval and the public notification thereof is deemed granted or made pursuant to Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works.

(3) The Central Land Tribunal shall have jurisdiction over the adjudication on the expropriation, etc. of land, etc.

(4) Except as otherwise provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation, etc. of land, etc.

Article 17(Installation, etc. of Infrastructure) #

(1) Article 54 of the Urban Development Act shall apply mutatis mutandis to the installation, etc. of electric facilities, communication facilities, gas facilities, and district heating facilities.

(2) The State and each local government may preferentially subsidize expenses incurred in relation to the installation of infrastructure necessary for enabling the Saemangeum project area to smoothly operate its functions, such as railroads, airports, ports, harbors, waterworks, and sewerage systems, within budgetary limits.

Article 18(Pre-Delivery Inspections) #

(1) Each project implementer shall, upon completion of the whole or part of the Saemangeum project, submit a project completion report to the head of a central administrative agency responsible for each specific land use for pre-delivery inspection, as prescribed by Presidential Decree. In such cases, the head of a central administrative agency responsible for each specific land use may commission detailed inspections necessary for the confirmation of completion to any specialized inspection institution specified by Presidential Decree.

(2) The head of a central administrative agency responsible for each specific land use shall, if he/she approves the results of the pre-delivery inspection under paragraph (1) that the project has been completed in conformity with the implementation plan, issue a pre-delivery inspection certificate to the project implementer, while he/she shall order the project implementer to take necessary measures, such as corrective works, without delay if the project has not been completed in accordance with the implementation plan. In such cases, the head of a central administrative agency responsible for each specific land use shall consult in advance with the heads of relevant administrative agencies about the pre-delivery inspection for authorization, permission, etc. under any subparagraph of Article 15 (1).

(3) When a pre-delivery inspection certificate is issued pursuant to paragraph (2), the pre-delivery inspection or authorization for work completion for the relevant project following authorization, permission, etc. under any subparagraph of Article 15 (1) shall be deemed to have been completed.

(4) If it is desired to use the land or facilities developed or installed as a result of the Saemangeum project before the pre-delivery inspection certificate is issued pursuant to paragraph (2), such use shall be subject to permission by the head of the central administrative agency responsible for the relevant specific land use.

Article 19(Public Announcement of Completion of Projects) #

When the head of a central administrative agency responsible for each specific land use issues a pre-delivery inspection certificate to a project implementer pursuant to Article 18 (2), he/she shall publicly announce the completion of the project.

Article 20(Supply of Developed Land, etc.) #

When a project implementer intends to supply land, buildings, or structures developed as a result of the Saemangeum project, he/she shall obtain approval from the head of a central administrative agency responsible for each specific land use, as prescribed by Presidential Decree.

Article 21(Vesting of Ownership of Public Facilities, etc.) #

(1) Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the vesting of the ownership of a public facility, in cases where a project implementer has installed, as a result of the implementation of the Saemangeum project, any new public facility (excluding parking lots, playgrounds, or any other facility specified by Presidential Decree; hereafter the same shall apply in this Article) or a facility for replacement of a pre-existing public facility.

(2) For the purposes of the registration of public facilities and property under paragraph (1), a letter of approval of an implementation plan and a pre-delivery inspection certificate may take the place of a written statement certifying the grounds for registration under the Registration of Real Estate Act.

Article 22(Restriction on Disposition, etc. of State or Public Land) #

(1) No parcel of land within the Saemangeum project area that is owned by the State or a local government shall be sold or otherwise conveyed to any third party for any purpose other than the prescribed purposes of the Saemangeum project, if the parcel of land is required for the Saemangeum project.

(2) Notwithstanding the State Property Act or the Public Property and Commodity Management Act, any property within the Saemangeum project area that is owned by the State or a local government may be conveyed, by sale under a negotiated contract or any other manner, to a project implementer, if it is required to the Saemangeum project. In such cases, the head of a central administrative agency responsible for the relevant specific land use shall consult in advance with the Minister for Food, Agriculture, Forestry and Fisheries about the disuse (limited to cases where the property involved is administrative property), sale or other disposition of the property.

(3) Upon receiving a request for consultation under the latter part of paragraph (2), the Minister for Food, Agriculture, Forestry and Fisheries shall present his/her opinion within 60 days from the date of receiving such request.

(4) When the State or any local government sells any State or public property within the Saemangeum project area to a project implementer, it may provide partial relaxation of its conditions, such as allowing payments in long-term installments, taking the conditions of the development into consideration, as prescribed by Presidential Decree.

Article 23(Cancellation of Designation, etc. of Project Implementer) #

(1) If a project implementer falls under any of the following subparagraphs, the head of a central administrative agency responsible for each specific land use may cancel the designation as the project implementer, cancel any approval under this Act, order it to suspend or alter any other related work, or to reconstruct, alter, or relocate any facility or goods;

1. If the project implementer obtained the designation or approval under this Act by deceit or any other fraudulent means;

2. If the project implementer fails significantly to meet the scheduled work progress due to any cause for which it is liable;

3. If the project implementer becomes unable to continue the Saemangeum project due to a natural disaster or any other change in situation with regard to significant public needs;

4. If the project implementer violates an order to take necessary measures under Article 18 (2), such as corrective works;

5. If the project implementer violates an order to submit a report or data under Article 24 (1).

(2) When the head of a central administrative agency responsible for each specific land use makes a disposition or issues an order pursuant to paragraph (1), he/she shall announce it publicly, as prescribed by Presidential Decree.

Article 24(Reporting and Inspections, etc.) #

(1) If necessary for the implementation of this Act, the head of a central administrative agency responsible for each specific land use may order any project implementer to report or submit data on the current status of progress of the relevant Saemangeum project and may also assign public officials under his/her authority to enter the office or place of business of the project implementer or any other place as may be necessary to conduct an inspection on its business operations for the Saemangeum project.

(2) Any public official who conducts an inspection on business operations for the Saemangeum project pursuant to paragraph (1) shall carry an identification certifying his/her authority with him/her and produce it to persons involved.

(3) Necessary matters concerning an identification under paragraph (2) shall be prescribed by the head of a central administrative agency responsible for each specific land use.

Article 25(Environmental Management, etc. of Saemangeum Project Area) #

(1) When the head of a central administrative agency responsible for each specific land use approves a basic plan pursuant to Article 7, he/she shall establish and implement measures appropriate for environmental conservation in order to prevent the environment of the Saemangeum project area from being polluted, deteriorated, or harmed, as well as to manage and preserve the environment appropriately.

(2) The Minister of Environment shall check whether and how environmental measures are performed and conduct continued monitoring of water environment for managing the Saemangeum project area in good faith. <Amended by Act No. 10837, Jul. 14, 2011>

(3) If the Minister of Environment deems that the inflow of pollutants discharged from the Saemangeum project area or its neighboring area is likely to adversely affect the environmental management of the Saemangeum project area, he/she may request the head of a relevant central administrative agency or the Governor of Jeollabuk-do to take measures or actions for its improvement. <Amended by Act No. 10837, Jul. 14, 2011>

(4) If the Minister of Land, Transport and Maritime deems that the inflow of pollutants discharged from the Saemangeum project area to the sea is likely to adversely affect the environmental management of the sea surrounding the Saemangeum project area, he/she may request the head of a relevant central administrative agency or the Governor of Jeollabuk-do to take measures or actions for its improvement.

Article 26(Annual Investment Plans for Improvement of Water Pollution) #

(1) The State and each local government shall establish a plan for annual investment (hereinafter referred to as "annual investment plan") and submit it to the Minister of Environment in order to control water pollution in the Saemangeum project area beforehand and improve the quality of polluted water (including sources of pollution).

(2) The Minister of Environment shall collect annual investment plans, consult with the Minister of Strategy and Finance and the Minister for Food, Agriculture, Forestry and Fisheries, and take the results thereof before the Saemangeum Committee for deliberation.

(3) Details to be included in each annual investment plan shall be prescribed by Presidential Decree.

Article 27(Imposition, etc. of Water Consumption Charges) #

(1) The Minister of Environment may impose and collect water consumption charges on and from any of the following persons according to his/her water consumption in order to secure finances for water quality improvement projects: <Amended by Act No. 10837, Jul. 14, 2011>

1. A person who is supplied with raw water from the Saemangeum Lake;

2. A person who has installed exclusive waterworks under subparagraph 11 of Article 3 of the Water Supply and Waterworks Installation Act within the Saemangeum project area.

(2) Notwithstanding the provisions of paragraph (1), any of the following persons shall be exempt from water consumption charges:

1. A person who uses raw water from the Saemangeum Lake for agricultural purposes;

2. A person who uses raw water taken up for maintaining a river within the Saemangeum project area.

(3) Necessary matters concerning the method of calculating water consumption charges under paragraph (1), the method of imposition and collection, the procedure for payment thereof, and other relevant matters shall be prescribed by Presidential Decree.

(4) The Minister of Environment shall create a special account for water consumption charges for separate accounting. <Amended by Act No. 10837, Jul. 14, 2011>

(5) Water consumption charges shall be spent for the water quality improvement projects of the Saemangeum project area prescribed by Presidential Decree, subject to deliberation by the Saemangeum Committee.

Article 28(Designation and Control of Area with Sources of Water Pollution) #

(1) In order to prevent water from being polluted by wastewater, human excreta, or livestock wastewater flowing into the Saemangeum project area and to eliminate such sources of pollution, the Governor of Jeollabuk-do may designate and control any area with sources of pollution, such as wastewater, human excreta, or livestock wastewater, as a special control area, subject to consultation with the heads of relevant central administrative agencies, as prescribed by Presidential Decree.

(2) When the Governor of Jeollabuk-do designates a special control area, he/she shall include the control of such area in the annual investment plan and establish measures to eliminate sources of pollution.

(3) The Minister of Environment and the heads of relevant central administrative agencies may provide technical and financial assistance for the areas designated as a special control area pursuant to paragraph (1) with the aim of improving water quality and eliminating sources of pollution. <Newly Inserted by Act No. 10837, Jul. 14, 2011>

Article 29(Abatement of or Exemption from Charges, etc.) #

If necessary for supporting the Saemangeum project, the State and each local government may abate or exempt development charges, farmland preservation charges, development costs of substitute forest resources, installation costs of infrastructure, and rents or fees for occupying or using public waters or rivers, as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Management of Mountainous Districts Act, the National Land Planning and Utilization Act, the Public Waters Management and Reclamation Act, or the River Act.<Amended by Act No. 10272, Apr. 15, 2010>

Article 30(Grant, etc. of Subsidies) #

If any of the following events occurs, the State may grant a subsidy or long-term loan to any project implementer within budgetary limits, subject to deliberation by the Private Investment Project Committee under Article 5 of the Act on Public-Private Partnerships in Infrastructure, in order to efficiently promote the Saemangeum project:

1. If it is unavoidable to prevent a corporate project implementer under Article 6 from being dissolved;

2. If it is unavoidable to maintain rents or fees at an appropriate level;

3. If any facility project included in a private capital inducement project is marginally profitable in itself, but is likely to enhance efficiency, such as a substantial reduction in the construction period or costs, if it is carried out together with the entire projects, and if it is deemed difficult to carry out the relevant private capital inducement project smoothly, unless a subsidy or long-term loan is granted in advance.

Article 31(Special Cases for Designation of Free Economic Zone) #

The Minister of Knowledge Economy may designate part of the Saemangeum project area as a free economic zone pursuant to the Special Act on Designation and Management of Free Economic Zones.

Article 32(Special Cases for Lease of Land, Buildings, etc.) #

(1) Notwithstanding the provisions of Article 35 or 46 of the State Property Act or Article 21 or 31 of the Public Property and Commodity Management Act, the State or Jeollabuk-do may, if deemed necessary, lease any State or public land or building prescribed by Presidential Decree within the Saemangeum project area to a foreign-capital invested company, high-tech industrial company determined by Presidential Decree, or company engaged in tourism business for a term not exceeding 50 years. In such cases, the term of lease may be extended by not more than another 50 years. <Amended by Act No. 10837, Jul. 14, 2011>

(2) Notwithstanding the provisions of Article 18 of the State Property Act or Article 13 of the Public Property and Commodity Management Act, a person who has taken on lease of land pursuant to paragraph (1) may erect a factory or any other permanent structure on the land so leased. In such cases, the State or Jeollabuk-do shall attach a condition that such building or structure shall be donated to the State or Jeollabuk-do, or the land shall be returned after being reinstated, upon expiration of the term of lease, taking into consideration the type of the building or structure and other factors.

Article 33(Special Cases for the Installation and Utilization of Sports Facilities Act) #

Notwithstanding the provisions of Article 11 (2) of the Installation and Utilization of Sports Facilities Act, any project implementer may implement a development project according to the installation of the facilities and their site areas as specified in the implementation plan, if necessary for the Saemangeum project.

Article 34(Support to Private Capital Inducement Projects) #

The State and each local government may support any private developer who implements a private capital inducement project within the Saemangeum project area pursuant to Article 31 of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act.

Article 35(Special Cases for the Building Act) #

(1) If deemed necessary for the Saemangeum project, the Minister of Land, Transport and Maritime Affairs may designate part of the Saemangeum project area as a special building zone.

(2) Articles 69 through 77 of the Building Act shall apply mutatis mutandis to the designation of a special building zone under paragraph (1) and the procedure therefor.

(3) Notwithstanding the provisions of Article 70 of the Building Act, the Minister of Land, Transport and Maritime Affairs may include buildings erected by a private investor under subparagraph 4 of Article 6 in the category of the buildings that may be erected within a special building zone.

Article 36(Special Cases for the Management of Mountainous Districts Act) #

Notwithstanding the provisions of Article 6 (3) of the Management of Mountainous Districts Act, the Chief of the Korea Forest Service may, if necessary for the efficient development of the Saemangeum project area, cancel the designation of a preserved mountainous district within the Saemangeum project area.

Article 37(Management and Utilization of Reserved Areas) #

(1) Reserved areas may be utilized as agricultural zones and landscape conservation zones until there is demand for development, and the infrastructure for agricultural production under subparagraph 6 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act may be installed thereon to the minimum extent.

(2) The Minister for Food, Agriculture, Forestry and Fisheries shall lease or manage reserved areas so as to make it possible to implement projects smoothly whenever there is demand for development in the future.

(3) Further details of the lease or management under paragraph (2) shall be prescribed by Presidential Decree.

Article 38(Duty to Maintain and Manage Infrastructure for Agriculture, etc.) #

(1) The Minister for Food, Agriculture, Forestry and Fisheries shall manage, in good faith, the infrastructure for agriculture, tide embankment roads, the Saemangeum Lake, and other administrative facilities under his/her authority (hereinafter referred to as "agricultural infrastructure, etc.") in the Saemangeum project area.

(2) The Minister for Food, Agriculture, Forestry and Fisheries may designate the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act as the manager of the agricultural infrastructure, etc. for the bona fide management of the agricultural infrastructure, etc.

(3) The Korea Rural Community Corporation, which is designated as the manager of the agricultural infrastructure, etc. pursuant to paragraph (2), may take the following measures, whenever it deems necessary for the protection and management of the agricultural infrastructure, etc.:

1. Restriction or ban on access by any person, other than a person in charge of management;

2. Prohibition against the use of any explosive or hazardous substance for any purpose, other than agricultural ones;

3. Other activities specified by Presidential Decree in order to achieve purposes of the maintenance and management of the agricultural infrastructure, etc.

Article 39(Financial Resources for Maintenance and Management of Agricultural Infrastructure, etc.) #

(1) The Minister for Food, Agriculture, Forestry and Fisheries may secure finances for the maintenance and management of the agricultural infrastructure, etc. in the Saemangeum project area from the following sources of revenue:

1. Rents from the land, buildings, and other property managed by the Minister for Food, Agriculture, Forestry and Fisheries in the Saemangeum project area;

2. Gains on transfer of rights arising from reclamation licenses under Article 13 (2);

3. Revenue from the profit-making business under Article 40;

4. Other revenue specified by Presidential Decree.

(2) The State may, if it is impossible to fully cover the maintenance and management expenses with the revenue under paragraph (1), partially subsidize such expenses as may be necessary within budgetary limits.

(3) The Minister for Food, Agriculture, Forestry and Fisheries may entrust the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act with the affairs related to the operation and management of the financial resources for the maintenance and management of the agricultural infrastructure, etc., as prescribed by Presidential Decree.

Article 40(Profit-Making Business for Procurement of Financial Resources for Maintenance and Management) #

The Minister for Food, Agriculture, Forestry and Fisheries may run profit-making business by using the premises around tide embankments, reclaimed land, and freshwater lakes in the Saemangeum project area so as to procure financial resources for the maintenance and management of the agricultural infrastructure, etc.

Article 41(Taxation and Financing Support) #

(1) The State and each local government may abate or exempt national or local taxes for foreign-capital invested companies that relocate into the Saemangeum project area (hereinafter referred to as "resident foreign-capital invested companies"), as prescribed by the Restriction of Special Taxation Act, the Customs Act, and the Local Tax Act.

(2) Each local government may develop sites for lease to resident foreign-capital invested companies, abate or exempt rental payments for land or other property, and subsidize expenses necessary for the installation of medical facilities, educational facilities, residential houses, and various kinds of convenience facilities for foreigners in order to induce foreign-capital invested companies.

(3) Where a local government grants a subsidy pursuant to paragraph (2), the State shall also provide support, as prescribed by Presidential Decree.

(4) Notwithstanding the State Property Act, the Public Property and Commodity Management Act, or any other Act and subordinate statutes, the State and each local government may abate or exempt rental payments for any State or public property for a resident foreign-capital invested company, as prescribed by Presidential Decree.

(5) Notwithstanding the State Property Act, the Public Property and Commodity Management Act, or any other Act and subordinate statutes, the State and each local government may permit any resident foreign-capital invested company to use or take profits with, or lease or sell to such enterprise, any State or public property owned by the State or a local government by a negotiated contract.

Article 42(Supply of Residential Houses to Foreigners and Foreign-Capital Invested Companies) #

Where a project entity defined in subparagraph 7 of Article 2 of the Housing Act constructs and supplies private housing units in the Saemangeum project area, the project entity may specially supply 10/100 or less of the constructed units to foreigners specified by Presidential Decree (including overseas Koreans defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans) as non-home owners: Provided, That such special supply may exceed 10/100 if the Governor of Jeollabuk-do approves so.

Article 43(Provision of Foreign Language Services) #

(1) The State and each local government shall provide foreign language services, such as publication, acceptance, and processing of official documents in any foreign language, to improve convenience for resident foreign-capital invested companies and foreigners in the Saemangeum project area.

(2) Matters necessary for the scope and method of providing services pursuant to paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.

Article 44(Establishment and Operation, etc. of Foreign Educational Institutions) #

(1) Notwithstanding the provisions of Article 3 of the Private School Act, any foreign educational foundation may establish a foreign educational institution in the Saemangeum project area, subject to approval by the Minister of Education, Science and Technology.

(2) When the Minister of Education, Science and Technology intends to approve a foreign educational institution pursuant to paragraph (1), he/she shallundergo deliberation thereon by the Saemangeum Committee.

(3) The Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City shall apply mutatis mutandis to necessary matters concerning the qualifications of foreign educational foundations eligible for the establishment of foreign educational institutions under paragraph (1), the terms and conditions of approval of foreign educational institutions, and the establishment and operation of foreign educational institutions.

(4) The State shall not place restrictions on nationals who desire to be admitted to a foreign educational institution in the Saemangeum project area on the prerequisite of residing abroad or on any similar ground.

(5) The State or any local government may grant any foreign educational institution established in the Saemangeum project area a subsidy for the funds required for purchasing the building site, constructing facilities, or operating the school or may provide such institution with the building site.

(6) Notwithstanding the provisions of Article 21 of the Elementary and Secondary Education Act, Articles 6 and 32 (1) of the Public Educational Officials Act, and Articles 52 and 54-4 (1) and (3) of the Private School Act, any high school established in the Saemangeum project area for the purpose of nurturing international professionals through the education of international relations or of a specific region of any foreign country (hereinafter referred to as "international high school") may employ foreign teaching staff necessary for operating its curriculum under the terms and conditions of a contract determined with regard to the qualification for employment, employment term, remuneration, terms and conditions of service, achievements, and performance, as prescribed by Presidential Decree.

(7) Articles 23, 24, 26, 29, and 46 of the Elementary and Secondary Education Act may not apply to international high schools.

(8) Notwithstanding the provisions of Article 47 of the Elementary and Secondary Education Act, the head of each international high school may admit a foreigner recognized to have a junior high school diploma or higher.

Article 45(Establishment of Foreign Medical Institutions or Foreigner-Only Pharmacies) #

(1) Notwithstanding the provisions of Article 33 (2) of the Medical Service Act, any foreigner or corporation under the Commercial Act that a foreigner has established for the purpose of medical services and meets all of the following requirements may establish a foreign medical institution in the Saemangeum project area, subject to permission from the Minister of Health and Welfare. In such cases, the type of such foreign medical institution shall be a general hospital, hospital, dental hospital or intermediate care hospital under Article 3 of the Medical Service Act: <Amended by Act No. 9932, Jan. 18, 2010>

1. The institution shall be situated in the Saemangeum project area;

2. The ratio of the foreign investment therein under Article 5 (1) of the Foreign Investment Promotion Act shall not be less than 50/100;

3. The institution shall satisfy other requirements prescribed by Presidential Decree, such as the amount of capital.

(2) Any foreigner may open a foreigner-only pharmacy in the Saemangeum project area, if he/she files for registration with the Minister of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>

(3) When the Minister of Health and Welfare intends to grant permission to a foreign medical institution pursuant to paragraph (1), he/she shall undergo deliberation thereon by the Saemangeum Committee. <Amended by Act No. 9932, Jan. 18, 2010>

(4) A foreign medical institution or foreigner-only pharmacy established in accordance with this Act shall be deemed a medical institution or pharmacy established in accordance with the Medical Service Act or the Pharmaceutical Affairs Act.

(5) A foreign medical institution or foreigner-only pharmacy established in accordance with paragraph (1) or (2) shall not be deemed an intermediate care institution under the National Health Insurance Act, notwithstanding the provisions of Article 42 (1) of the aforesaid Act. <Amended by Act No. 11141, Dec. 31, 2011>

(6) Any holder of a foreign medical license, foreign dental license or foreign pharmaceutical license may work for a foreign medical institution or foreigners-only pharmacy established in the Saemangeum project area, if he/she conforms to the standards prescribed by the Minister of Health and Welfare. In such cases, no holder of a foreign medical license or foreign dental license shall deviate from the scope of services permitted for each type of medical person pursuant to Article 2 of the Medical Service Act. <Amended by Act No. 9932, Jan. 18, 2010>

(7) No pharmacist who works for a foreigner-only pharmacy shall prepare or sell any medicine for or to a Korean citizen.

(8) Any person who runs a foreigners-only pharmacy shall place signs indicating that it is a foreigner-only pharmacy inside and outside the facility so that Korean citizens can discern it.

(9) Except as otherwise provided by this Act, the establishment and operation of a foreign medical institution or foreigner-only pharmacy shall be governed by the Medical Service Act, the Pharmaceutical Affairs Act, or any Act separately specified.

Article 46(Re-Transmission of Foreign Broadcasting) #

Notwithstanding the provisions of Article 78-2 (7) of the Broadcasting Act, any composite cable broadcasting business operator whose broadcasting zone covers the Saemangeum project area may select and operate the coverage area and the number of foreign re-transmission channels, to the extent prescribed by Presidential Decree.

Article 47(Installation, etc. of Day Care Centers Exclusive for Foreigners' Children) #

The State, a local government or social welfare foundation under Article 16 of the Social Welfare Services Act (hereinafter referred to as "social welfare foundation") may establish and operate day care centers exclusive for foreigners' children for the effective child care for foreigners' children, and the State and each local government may support such social welfare foundation. In such cases, matters necessary for the establishment and operation of day care centers shall be prescribed by Presidential Decree.<Amended by Act No. 10789, Jun 7, 2011>

Article 48(Offering, etc. of Academic Courses of Foreign Universities) #

(1) Any foreign university (referring to any foreign educational institution equivalent to a university or junior college defined in subparagraph 1 or 4 of Article 2 of the Higher Education Act; hereinafter the same shall apply) may offer its academic courses (referring to any degree or non-degree course offered by a foreign university; hereafter the same shall apply in this Article) in a school under any subparagraph of Article 2 of the Higher Education Act.

(2) The provisions of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City governing the establishment and operation of foreign educational institutions shall apply mutatis mutandis to the offering and operation of academic courses by foreign universities.

Article 49(Establishment and Operation of Saemangeum Committee) #

(1) The Saemangeum Committee shall be established under the jurisdiction of the Prime Minister to deliberate on important matters, such as the efficient development, management, and the environmental conservation of the Saemangeum project area.

(2) The Saemangeum Committee shall deliberate on the following matters: <Amended by Act No. 10837, Jul. 14, 2011>

1. Matters concerning making important decisions on the Saemangeum project;

2. Matters concerning the master plan under Article 5;

2-2. Matters concerning the plan to build interstate infrastructure under Article 5-2;

3. Matters concerning basic plans under Article 7;

4. Matters concerning annual investment plans under Article 26;

5. Matters concerning water consumption charges under Article 27;

6. Matters concerning approval for foreign educational institutions under Article 44 (2);

7. Matters concerning permission for foreign medical institutions under Article 45 (1);

8. Other matters deemed necessary by the chairpersons and referred to the Committee for deliberation.

(3) The Saemangeum Committee shall be comprised of not more than 25 members, including two chairpersons.

(4) The Prime Minister and a person commissioned by the President shall take the chair of the Committee, and other members shall consist of non-governmental experts, etc. commissioned by the heads of relevant central administrative agencies, the Governor of Jeollabuk-do, and the Prime Minister.

(5) In organizing the Saemangeum Committee pursuant to paragraphs (3) and (4), at least 1/3 of its members shall be non-governmental experts who have abundant knowledge and experience contributable to the development and operation of the Saemangeum project area, such as experts in agriculture, environment, maritime affairs, urban issues, and culture.

(6) The Saemangeum Committee may, if necessary for its efficient operation, have sub-committees under its authority to deliberate on matters subject to deliberation under paragraph (2) as specified by Presidential Decree.

(7) Matters necessary for the organization and operation of the Saemangeum Committee and its sub-committees shall be prescribed by Presidential Decree.

Article 50(Establishment, etc. of Promotion and Planning Office of Saemangeum Project) #

(1) The promotion and planning office of the Saemangeum project (hereinafter referred to as the "Planning Office") shall be established under the jurisdiction of the Minister of the Prime Minister's Office for the smooth promotion and efficient management of the Saemangeum project.

(2) The Planning Office shall carry out the following matters for the integration and coordination of policies on the Saemangeum project:

1. Matters concerning the handling of administrative affairs of the Saemangeum Committee and the assistance therein;

2. Matters concerning the master plan for the development of the inland area (including the comprehensive action plan);

3. Matters concerning the coordination of basic plans for each specific land use;

4. Matters concerning the establishment and amendment of regulations on the Saemangeum project;

5. Matters concerning the preparation of measures for the improvement of water environment in the Saemangeum project area;

6. Matters concerning the consolidated control of disasters and accidents in the Saemangeum project area as well as the quality and volume of water in the freshwater lakes;

7. Matters concerning assistance in the promotion of inducement of investments in the Saemangeum project as well as public relations activities and external cooperation;

8. Matters requested by relevant agencies concerning the implementation of such project;

9. Other matters deemed necessary in connection with the Saemangeum project.

(3) Matters concerning the organization and operation of the Planning Office shall be prescribed by Presidential Decree.

Article 51(Delegation and Entrustment of Authority) #

(1) The head of a central administrative agency responsible for each specific land use may partially delegate his/her authority under this Act to the Governor of Jeollabuk-do, as prescribed by Presidential Decree.

(2) The Governor of Jeollabuk-do may partiallydelegate his/her authority under this Act or authority delegated pursuant to paragraph (1) to the head of a Si/Gun, as prescribed by Presidential Decree, or re-delegate it subject to approval by the head of a central administrative agency responsible for each specific land use.

(3) The Minister for Food, Agriculture, Forestry and Fisheries may partially entrust the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act with his/her authority under this Act, as prescribed by Presidential Decree.

(4) The Minister of Environment may partially entrust the heads of its affiliated agencies, the Korea Environment Corporation under the Korea Environment Corporation Act, the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act with his/her authority under this Act, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10837, Jul, 14, 2011]

Article 52(Penal Provisions) #

(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding fifty million won:

1. A person who deviates from the scope of services permitted for each type of medical person in violation of Article 45 (6);

2. A person who prepares or sells medicine for or to any Korean citizen in violation of Article 45 (7).

(2) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding thirty million won:

1. A person who constructs a building or conducts any similar activity without permission or permission for change under Article 12 (1) or who obtains such permission or permission for change in any fraudulent means;

2. A person who fails to receive a pre-delivery inspection under Article 18 (1) or a person who uses land or a facility without permission for use prior to completion under paragraph (4) of the aforesaid Article;

3. A person who obtains approval for a foreign educational institution by deceit or in any other fraudulent means in violation of Article 44 (1);

4. A person who enrolls students, or who operates a facility as a de facto school by using a word 'school' in its name, without approval by the Minister of Education, Science and Technology in violation of Article 44 (1).

(3) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding fifteen million won:

1. A person who violates a disposition made or an order issued pursuant to Article 23 (1);

2. A person who fails to report or submit data under Article 24 (1) or who submits a false report or false data;

3. A person who fails to place a sign of foreigner-only pharmacy in violation of Article 45 (8).

Article 53(Joint Penal Provisions) #

If the representative of a corporation or an agent, employee, or servant of a corporation or private individual commits an offense under Article 52 with regard to the business affairs of the corporation or private individual, not only shall such an offender be punished accordingly, but the corporation or the private individual shall also be punished by a fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply to cases where such corporation or private individual has not neglected to exercise reasonable care and supervision in connection with the relevant affairs in order to prevent such offense.

Article 54(Fines for Negligence) #

(1) Any person who selects and operates the coverage area and the number of foreign re-transmission channels in violation of Article 46 shall be punished by a fine for negligence not exceeding twenty million won.

(2) Any person who refuses or interferes with inspections under Article 24 (1) shall be punished by a fine for negligence not exceeding ten million won.

(3) Fines for negligence under paragraph (1) or (2) shall be imposed and collected by the head of a central administrative agency responsible for each specific land use or the Korea Communications Commission, as prescribed by Presidential Decree.