Article 1(Purpose) #
The purpose of this Act is to promote the welfare of residents, to ensure a pleasant living environment for them, and to contribute to revitalizing air traffic by preventing airport noise and efficiently pushing forward airport noise countermeasure projects and resident support projects in areas requiring countermeasures against noise.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Dec. 31, 2015; Mar. 29, 2016; Jun. 9, 2020>
1. The term "airport noise" means noise generated by an aircraft during take-off and landing at an airport;
2. The term "area requiring countermeasures against noise" means an area affected by airport noise, which is designated and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 5 (1) in order to push forward airport noise countermeasure projects and resident support projects;
3. The term "aircraft" means aircraft pursuant to subparagraph 1 of Article 2 of the Aviation Safety Act;
4. The term "airport" means an airport pursuant to subparagraph 3 of Article 2 of the Airport Facilities Act and an airport newly built by an airport development project implementer; provided, an airport concurrently serving as a base of air operations under the provisions of subparagraph 4 (a) through (c) of Article 2 of the Protection of Military Bases and Installations Act shall be excluded herefrom, but an airport located in Gangseo-gu, Busan Metropolitan City shall be included herein;
5. The term "manager of airport facilities" means a person who manages airport facilities pursuant to subparagraph 7 of Article 2 of the Airport Facilities Act;
6. The term "airport development project implementer" means a person who implements an airport development project pursuant to subparagraph 9 of Article 2 of the Airport Facilities Act;
7. The term "airport noise countermeasure project" means a project implemented to reduce airport noise and to create a pleasant living environment, which is referred to in Article 8 (1) 1, 4, 6, and 7;
8. The term "resident support project" means a project implemented to boost the welfare and income of residents living in an area requiring countermeasures against airport noise, which falls under Article 19 (1);
9. The term "noise level" means a value calculated in accordance with the method of calculation prescribed by Decree of the Ministry of Land, Infrastructure and Transport in consideration of a noise level generated by aircraft, the number of flights, time slots, etc.
Article 3(Relationship to other statutes) #
This Act shall prevail over other statutes with respect to the prevention of airport noise and support to an area requiring countermeasures against noise.
Article 4(Responsibilities of the State and local governments) #
(1) The State, a local government and a manager of airport facilities (hereinafter referred to as "facilities manager") and an airport development project implementer (hereinafter referred to as "project implementer") shall formulate and implement measures necessary for creating a pleasant and healthy living environment for residents living in an area requiring countermeasures against noise.
(2) The State, a local government, a facilities manager and a project implementer shall give priority to securing financial resources incurred in formulating and implementing countermeasures pursuant to paragraph (1).
Article 5(Designation and public notice of areas requiring countermeasures against noise) #
(1) The Minister of Land, Infrastructure and Transport shall designate and publicly notify an area requiring countermeasures against noise around an airport as a Class 1 area, Class 2 area, or Class 3 area, as prescribed by Presidential Decree, on the basis of estimated noise levels in consideration of future aviation demand. <Amended on Mar. 23, 2013; Jun. 9, 2020>
(2) The Minister of Land, Infrastructure and Transport shall investigate noise levels around an airport created by aircraft at airports, in order to designate and publicly notify areas requiring countermeasures against noise pursuant to paragraph (1). <Amended on Mar. 23, 2013; Dec. 31, 2015>
(3) When investigating noise levels as required under paragraph (2), the Minister of Land, Infrastructure and Transport shall request a person who has certified technical skills concerning the measurement, assessment, analysis, etc. of noise levels to conduct such investigation. <Amended on Dec. 31, 2015>
(4) Matters necessary for investigation of noise levels as required under paragraphs (2) and (3), including the cycles and methods of investigation, standards, etc. therefor, shall be prescribed by Presidential Decree. <Added on Dec. 31, 2015>
(5) Where the Minister of Land, Infrastructure and Transport designates and publicly notifies an area requiring countermeasures against noise pursuant to paragraph (1), he or she shall notify such fact to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") having jurisdiction over the relevant area requiring countermeasures against noise. <Added on Apr. 18, 2023>
(6) Where an area requiring countermeasures against noise is newly designated or an existing area requiring countermeasures against noise is changed, the head of a Si/Gun/Gu in receipt of notification under paragraph (5) shall notify any of the following persons of the fact of designation or change of the area requiring countermeasures against noise and the details of support and restrictions, etc. under this Act by mail, text message, etc.: <Added on Apr. 18, 2023>
1. Residents of the relevant area requiring countermeasures against noise;
2. The owners of land or buildings in the relevant area requiring countermeasures against noise;
3. Other persons prescribed by Decree of the Ministry of Land, Infrastructure and Transport.
Article 6(Restrictions on installation of facilities in areas requiring countermeasures against noise) #
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or Do Governor (hereinafter referred to as "Mayor/Do Governor"); a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu shall restrict the installation and use of facilities in an area requiring countermeasures against noise in order to prevent the spread of damage caused by airport noise; provided, he or she may permit the installation of facilities, such as the installation of soundproof facilities, etc., with certain conditions attached. <Amended on Apr. 18, 2023>
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may order a person who fails to satisfy conditions attached under paragraph (1) to do the following:
1. Changing the use of facilities;
2. Supplementing facilities designed to prevent damage caused by noise.
(3) When a Mayor/Do Governor or the head of a Si/Gun/Gu has permitted the installation of facilities in an area requiring countermeasures against noise according to the Building Act, he or she shall notify a facilities manager or a project implementer of the details of such permission (including the details of the conditions, if any).
(4) Matters necessary for kinds of facilities subject to restrictions on installation and use and the conditions under which such restrictions are valid, and so forth under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
Article 7(Formulation of mid-term plans for preventing airport noise and resident support) #
(1) Every five years, the Minister of Land, Infrastructure and Transport shall formulate a mid-term plan for preventing airport noise and resident support with respect to an area requiring countermeasures against noise (hereinafter referred to as "mid-term plan"). <Amended on Mar. 23, 2013>
(2) The following matters shall be included in a mid-term plan: <Amended on Mar. 23, 2013>
1. The basic direction-setting for countermeasures against airport noise;
2. A plan for reducing airport noise;
3. Airport noise countermeasure projects;
4. Resident support projects;
5. A funding plan and a fund allocation plan for each project;
6. A land utilization plan and direction-setting for space management;
7. Other matters deemed necessary by the Minister of Land, Infrastructure and Transport.
(3) When formulating a mid-term plan, the Minister of Land, Infrastructure and Transport shall collect the opinions of residents, experts, etc. in an area requiring countermeasures against noise and, if he or she deems such opinions reasonable, he or she shall reflect them in the plan. <Added on Dec. 31, 2015>
(4) Methods of and procedures for collecting opinions as provided for in paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. <Added on Dec. 31, 2015>
Article 8(Formulation of airport noise countermeasure project plan) #
(1) A facilities manager or a project implementer shall formulate and implement an annual airport noise countermeasure project plan (hereinafter referred to as "noise countermeasure project plan") that includes the following matters in accordance with a mid-term plan: <Amended on Dec. 31, 2015; Jan. 17, 2017; Aug. 14, 2018; Apr. 7, 2020; Jun. 9, 2020; Aug. 16, 2023>
1. A project for installing soundproof facilities and air conditioners;
2. A project for subsidizing public broadcasting license fees (limited to a facilities manager);
3. A project for partially subsidizing electricity costs of air conditioners installed in any of the following facilities (limited to a facilities manager):
(a) Schools prescribed in Article 9 of the Elementary and Secondary Education Act;
(b) Residential facilities and community facilities for residents as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, from among the facilities prescribed in Article 2 (2) 1 through 4 of the Building Act;
(c) Facilities for senior citizens and children prescribed in Article 2 (2) 11 of the Building Act;
4. A project for installing automatic noise measurement networks;
5. Deleted; <Dec. 31, 2015>
6. Compensation for loss and purchase of land, etc.;
7. Other matters which the Minister of Land, Infrastructure and Transport deems necessary to reduce airport noise and to create a pleasant living environment.
(2) Only facilities prescribed by the Decree of the Ministry of Land, Infrastructure and Transport, such as residential, educational, medical and public facilities located in an area requiring countermeasures against noise which is designated and publicly notified pursuant to Article 5 (1) shall be covered by installation or subsidization projects prescribed in paragraph (1) 1 and 2. <Amended on Mar. 23, 2013; Dec. 31, 2015; Jun. 9, 2020>
(3) A facilities manager or a project implementer shall implement any of the following projects if the owner of any of the facilities under paragraph (2) in an area excluded from areas requiring countermeasures against noise due to the change thereof makes a request to do so within five years from the date on which the area is excluded from the areas requiring countermeasures against noise: <Amended on Dec. 31, 2015>
Article 9(Duty of low-noise flight operation) #
(1) Aircraft taking off from or landing at an airport in an area requiring countermeasures against noise shall navigate in accordance with procedures to lower flight noise determined and publicly notified by the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "procedures for low noise navigation"). <Amended on Mar. 29, 2016>
(2) A facilities manager shall monitor whether any aircraft violates the noise standards at each measuring point prescribed in the procedures for low noise navigation, and notify the Minister of Land, Infrastructure and Transport of any aircraft that violates the noise standards, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
Article 10(Installation of automatic noise measurement networks) #
(1) A facilities manager or a project implementer shall install automatic noise measurement networks capable of investigating the actual noise levels in an area requiring countermeasures against noise, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in order to monitor whether aircraft meets the required noise standards at each measuring point and to use them to develop countermeasures against airport noise, etc. <Amended on Mar. 23, 2013; Nov. 28, 2017>
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may, if necessary, install additional automatic noise measurement networks or request a facilities manager or project implementer to change network installation sites in order to investigate actual noise levels in areas under his or her jurisdiction. <Added on Nov. 28, 2017>
Article 11(Compensation for loss) #
(1) Where the owner of a building or land located in a Class 1 area, or a Class 2 area, under Article 5 (1) or a Class 3 area prescribed by Decree of the Ministry of Land, Infrastructure and Transport as at the time an area requiring countermeasures against noise is designated and publicly notified removes the relevant building or fixture on the relevant land, he or she may claim compensation for loss caused by such removal or from a facilities manager or a project implementer. <Amended on Dec. 31, 2015>
(2) Where the owner of a building or land located in a Class 1 area, or a Class 2 area, under Article 5 (1), or the Class 3 area prescribed by Decree of the Ministry of Land, Infrastructure and Transport, as at the time an area requiring countermeasures against noise is designated and publicly notified, relocates the relevant building or fixture on the relevant land to an area outside the Class 3 area prescribed by Decree of the Ministry of Land, Infrastructure and Transport, he or she may claim compensation for loss caused by such relocation from a facilities manager or a project implementer. <Added on Dec. 31, 2015>
(3) The basis of compensation for loss and method of claiming therefor under paragraphs (1) and (2) and other relevant matters shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2015>
[Title Amended on Dec. 31, 2015]
Article 12(Claims for purchase of land) #
(1) The owner of land in a Class 1 area, or Class 2 area, under Article 5 (1), or the Class 3 area prescribed by Decree of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "land subject to purchase") may claim the purchase of a relevant land from a facilities manager or a project implementer. <Amended on Dec. 31, 2015>
(2) Where the land subject to purchase is farmland under the Farmland Act, its owner may request the Minister of Land, Infrastructure and Transport to purchase the land, notwithstanding paragraph (1). <Added on Jun. 9, 2020>
(3) The facilities manager or project implementer requested to purchase land under paragraph (1) or the Minister of Land, Infrastructure and Transport so requested under paragraph (2) shall comply with such request. <Amended on Jun. 9, 2020>
(4) Where the Minister of Land, Infrastructure and Transport purchases land under paragraph (3), the Minister shall use the financial resources prescribed in Article 23 (1) 1 or 2. <Added on Jun. 9, 2020>
(5) Where the Minister of Land, Infrastructure and Transport purchases land under paragraph (3), Article 13 (excluding paragraph (4)) and 14 shall apply mutatis mutandis to the matters regarding procedures for purchasing land and bearing of the associated expenses. In such cases, "facilities manager of project implementer" shall be construed as "Minister of Land, Infrastructure and Transport." <Added on Jun. 9, 2020>
[Title Amended on Jun. 9, 2020]
Article 13(Procedures for purchase of land) #
(1) A facilities manager or a project implementer shall notify a claimant for purchase of whether land of which he or she receives a claim for purchase is land subject to purchase and the estimated purchase price, etc. calculated, as prescribed by Presidential Decree, within two months from the date he or she receives a claim for purchase of the relevant land pursuant to Article 12 (1).
(2) When a facilities manager or a project implementer notifies the relevant land as land subject to purchase pursuant to paragraph (1), he or she shall purchase the relevant land subject to purchase within three years from the date he or she is so notified.
(3) The purchase price of land subject to purchase (hereinafter referred to as "purchase price") shall be the price assessed in consideration of the location, shape, surroundings, the current status of use, etc. of the relevant land based on the officially announced land prices under the Act on the Public Announcement of Real Estate Values. In such cases, the timing of and methods for calculating a purchase price shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016>
(4) A facilities manager or a project implementer shall contribute land he or she has purchased with funds including government subsidies and noise charges among funds raised pursuant to Article 23 (1) in accordance with Article 13 of the State Property Act.
(5) Where a facilities manager or a project implementer purchases land in accordance with the provisions of paragraphs (1) through (3), the procedures for purchase thereof and other necessary matters shall be prescribed by Presidential Decree.
Article 14(Bearing of expenses) #
(1) A facilities manager or a project implementer shall bear expenses incurred in conducting an appraisal, etc. to calculate the purchase price pursuant to Article 13 (3).
(2) Notwithstanding paragraph (1), where a claimant for purchase withdraws his or her claim for purchase without good cause, a facilities manager or a project implementer may have the claimant for purchase bear all or some of expenses incurred in conducting the appraisal, as prescribed by Presidential Decree; provided, this shall not apply where a purchase price is less than an estimated purchase price by more than a rate prescribed by Presidential Decree.
Article 15(Management of contributed land) #
(1) The Minister of Land, Infrastructure and Transport shall formulate a plan for managing contributed land to ensure that the contributed land under Article 13 (4) is used and managed appropriately for the purposes of this Act. <Amended on Mar. 23, 2013>
(2) A facilities manager or a project implementer may formulate a plan for implementing management of contributed land within the scope of a plan for managing contributed land under paragraph (1) to use or manage the relevant land.
Article 15-2(Special cases concerning request for purchase of sectional ownership) #
(1) The sectional owners of condominium buildings located in a Class 1 area, Class 2 area under Article 5 (1), or Class 3 area prescribed by Decree of the Ministry of Land, Infrastructure and Transport (referring to sectional owners under subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings) may request purchase of the relevant sectional ownership from a facilities manager or a project implementer. In such cases, the facilities manager or the project implementer shall purchase sectional ownership the purchase of which is requested, except in extenuating circumstances.
(2) Where a facilities manager or a project implementer purchases sectional ownership, Article 13 (1) through (3) and (5) shall apply mutatis mutandis to purchase procedures and the timing and methods for calculating purchase price; and Article 14 shall apply mutatis mutandis to expenses incurred in conducting an appraisal, etc. to calculate the purchase price.
(3) Article 13 (4) shall apply mutatis mutandis to the contribution of sectional ownership purchased by a facilities manager or a project implementer, and Article 15 shall apply mutatis mutandis to the management of sectional ownership contributed.
[This Article Added on Aug. 14, 2018]
Article 16(Establishment of noise levels for aircraft) #
The Minister of Land, Infrastructure and Transport shall establish noise levels for aircraft according to noise levels generated by aircraft operating at airports, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
Article 17(Imposition and collection of charges) #
(1) The Minister of Land, Infrastructure and Transport may impose and collect charges (hereinafter referred to as "noise charges") on and from owners, etc. of aircraft (referring to owners, etc. referred to in Article 7 of the Aviation Safety Act; hereinafter the same shall apply) landing at the airport designated as an area requiring countermeasures against noise within limits not exceeding 30/100 of landing charges (excluding value added tax) among the usage charges prescribed in Article 32 of the Airport Facilities Act according to the aircraft noise levels prescribed in Article 16. <Amended on Mar. 23, 2013; Mar. 29, 2016>
(2) The Minister of Land, Infrastructure and Transport may additionally impose and collect double charges under paragraph (1) as noise charges on and from owners, etc. of aircraft navigating in the middle of the night prescribed by Presidential Decree and owners, etc. of aircraft notified of violations of noise levels pursuant to Article 9 (2). <Amended on Mar. 23, 2013>
(3) Matters necessary for standards for imposition, procedures for collection of noise charges and procedures for adjustment of the amount imposed shall be prescribed by Presidential Decree.
(4) Where a person liable to pay noise charges under paragraph (1) or (2) fails to pay those charges by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect additional charges equivalent to 1/100 of noise charges. <Amended on May 21, 2014; Apr. 18, 2023>
(5) Where a person liable to pay noise charges under paragraph (1) or (2) fails to pay overdue noise charges, the Minister of Land, Infrastructure and Transport shall collect the amount calculated by multiplying the overdue noise charges by the interest rate prescribed by Presidential Decree in consideration of the period from the day following the payment deadline to the day before the payment date and interest rates applied to overdue loans by a financial company, etc., together with the additional charges prescribed in paragraph (4). In such cases, the total amount of additional charges shall not exceed 3/100 of the overdue noise charges. <Added on Apr. 18, 2023>
(6) Where a person liable to pay noise charges under paragraph (1) or (2) fails to pay those charges by the payment deadline, the Minister of Land, Infrastructure and Transport may urge him or her to pay them for a specified period, and where he or she fails to pay noise charges and additional charges under paragraphs (4) and (5) within the specified period, the Minister of Land, Infrastructure and Transport may collect the charges in the same manner as national taxes in arrears. <Added on May 21, 2014; Apr. 18, 2023>
Article 18(Formulation of support project plans) #
(1) A facilities manager or a project implementer shall formulate an annual resident support project plan (hereinafter referred to as "support project plan") within the scope of a mid-term plan.
(2) A facilities manager or a project implementer shall include areas outside an area requiring countermeasures against noise, which are located within a certain range prescribed by Presidential Decree (hereinafter referred to as "adjacent areas requiring countermeasures against noise") in a support project plan.
(3) When the Minister of Land, Infrastructure and Transport designates and publicly notifies an area requiring countermeasures against noise pursuant to Article 5 (1), he or she may designate and publicly notify such area, together with adjacent areas requiring countermeasures against noise in consultation with the head of a Si/Gun/Gu. <Amended on Mar. 23, 2013>
(4) When a facilities manager or a project implementer intends to formulate a support project plan, he or she shall consult with the head of the relevant Si/Gun/Gu concerning the type, size, etc., of resident support projects. <Amended on Dec. 31, 2015>
(5) A resident support project shall be implemented by the head of the relevant Si/Gun/Gu or the superintendent of education (limited to projects for the installation of school facilities); provided, projects prescribed by Presidential Decree, such as publicly invited projects, may be directly implemented by a facility manager or project implementer. <Amended on Dec. 31, 2015; Aug. 9, 2017; Aug. 16, 2023>
(6) Where a facilities manager or a project implementer intends to formulate a support project plan pursuant to paragraph (1) or to amend the existing support project plan, he or she shall obtain approval of the Minister of Land, Infrastructure and Transport; provided, this shall not apply to modification of minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(7) Matters necessary to formulate a support project plan shall be prescribed by Presidential Decree.
Article 19(Types of resident support projects) #
(1) Types of resident support projects shall be as follows: <Amended on Jan. 17, 2017>
1. Residents welfare project: Referring to projects prescribed by Presidential Decree as projects for improving residents' welfare, such as the establishment of common use facilities (library, sports park, etc.), educational and cultural projects, etc.;
2. Projects for boosting income: Referring to projects prescribed by Presidential Decree as projects that may contribute to boosting income, such as the establishment of a place for group work, joint farming facilities, etc.;
3. Other projects prescribed by Ordinance of the relevant local government under the criteria prescribed by Presidential Decree as the ones which can contribute to enhancing the welfare and income of residents.
(2) A facilities manager or a project implementer shall provide funds raised under Article 23 to the implementer of a residents support project within the scope not exceeding 75/100 of costs incurred in performing each project referred to in the subparagraphs of paragraph (1); provided, this shall not apply where a facility manager or a project implementer directly implements the project under the proviso of Article 18 (5). <Amended on Dec. 31, 2015; Aug. 16, 2023>
(3) Specifics such as rates of subsidization of projects and others referred to in paragraph (2) shall be prescribed by Presidential Decree.
Article 20(Designation of development areas in noise-damaged areas) #
Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "designating authority") acknowledges that systematic development is necessary in an area designated and publicly notified as an area requiring countermeasures against noise, he or she may designate a development area in a noise-damaged area. <Amended on Mar. 23, 2013>
Article 21(Implementation of development projects in noise-damaged areas) #
(1) A person designated by a designating authority from among the following persons shall implement a development project for a development area in a noise-damaged area; provided, a person falling under subparagraph 6 is eligible to implement such project only where he or she implements a development project jointly with a person falling under any of subparagraphs 1 through 5: <Amended on Jan. 19, 2016>
1. The State or a local government;
2. A public institution prescribed by Presidential Decree;
3. A local corporation established in accordance with the Local Public Enterprises Act;
4. A person meeting the requirements prescribed by Presidential Decree as a housing construction business entity registered pursuant to Article 4 of the Housing Act who is capable of implementing an urban development project (limited to cases where a housing complex prescribed in subparagraph 12 of Article 2 of the Housing Act and infrastructure involved therein are developed);
5. A person meeting the requirements prescribed by Presidential Decree as a person deemed capable of implementing a development project in a noise-damaged area in conformity with a development plan, such as getting a license to perform civil engineering business or civil engineering and construction business under the Framework Act on the Construction Industry;
6. A person meeting the requirements prescribed by Presidential Decree as a self-management real estate investment company or consigned-management real estate investment company established in accordance with the Real Estate Investment Company Act;
7. A corporation funded and established by at least two persons falling under any of subparagraphs 1 through 6 for the purpose of implementing a development project in a noise damaged area.
(2) Except as otherwise provided for in this Act, the designation of a development area in a noise-damaged area, methods of formulating and implementing a development project plan, etc. shall be governed by the Urban Development Act and the Special Act on the Promotion of Urban Renewal.
Article 22(Establishment and functions of committee on countermeasures against airport noise) #
(1) A facilities manager or a project implementer shall establish a committee on countermeasures against airport noise (hereinafter referred to as "committee on countermeasures against noise") for each airport designated and publicly notified as an area requiring countermeasures against noise in order to deliberate on the following matters: <Amended on Dec. 31, 2015; Apr. 7, 2020>
1. Matters concerning a plan for pursuing airport noise countermeasure projects and resident support projects;
2. Matters concerning methods of implementation of and priorities for airport noise countermeasure projects and resident support projects;
3. Outcomes of implementation of airport noise countermeasure projects and resident support projects and matters concerning improvement;
4. Other matters necessary to implement airport noise countermeasure projects and resident support projects.
(2) The Minister of Land, Infrastructure and Transport shall hear from the relevant committee on countermeasures against noise before formulating or changing any policy on the operation of aircraft prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which may affect noise levels of the area requiring countermeasures against noise, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 8, 2020>
(3) Matters necessary for the composition, operation, etc. of a committee on countermeasures against noise shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
Article 23(Funds) #
(1) Funds to be raised by a facilities manager and a project implementer to implement airport noise countermeasure projects and resident support projects shall consist of the following financial resources: <Amended on Mar. 23, 2013; Mar. 29, 2016>
1. Governmental subsidies;
2. Noise charges prescribed in Article 6 (1) 3 of the Act on Special Accounts for Traffic Facilities;
3. Project costs borne by a facilities manager or a project implementer; provided, in the case of a facilities manager, such project costs mean the airport profits prescribed by Decree of the Ministry of Land, Infrastructure and Transport out of overall airport profits, such as usage charges, etc. pursuant to Article 32 of the Airport Facilities Act.
(2) Funds under paragraph (1) may be used for the following projects:
1. Airport noise countermeasure projects;
2. Resident support projects;
3. Other matters prescribed by Presidential Decree.
Article 24(Implementation of airport noise countermeasure projects at one's own expense) #
(1) Where a facilities manager or a project implementer intends to implement an airport noise countermeasure project or a resident support project with his or her own money other than funds raised pursuant to Article 23, he or she shall formulate a project plan and obtain approval of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(2) A facilities manager or a project implementer shall complete an airport noise countermeasure project prescribed in paragraph (1) within five years from the date on which he or she obtains such approval.
(3) Where a facilities manager or a project implementer implements an airport noise countermeasure project and a resident support project by obtaining approval under paragraph (1), the Minister of Land, Infrastructure and Transport may choose not to impose charges prescribed in Article 17 (1) from the date on which he or she obtains approval pursuant to paragraph (1). <Amended on Mar. 23, 2013>
(4) Where a facilities manager or a project implementer fails to implement a project in accordance with the approved project plan under paragraph (1), the Minister of Land, Infrastructure and Transport may revoke his or her approval. <Amended on Mar. 23, 2013>
Article 25(Exemption from various charges) #
Facilities prescribed by Presidential Decree, such as facilities for common use, public use, etc., established by a resident support project pursuant to Article 18, shall be exempt from the relevant charges, as prescribed by the following Acts: <Amended on Aug. 9, 2017>
1. Development charges prescribed in Article 5 of the Restitution of Development Gains Act;
2. Farmland conservation charges prescribed in Article 38 of the Farmland Act;
3. Costs of developing substitute grassland prescribed in Article 23 of the Grassland Act;
4. Charges for the occupation and use of public waters under the Public Waters Management and Reclamation Act.
Article 26(Taxation support) #
The head of a local government may reduce or eliminate property tax, acquisition tax, and registration tax for residents in an area requiring countermeasures against noise, as prescribed by the Local Tax Act or other related Acts.
Article 26-2(Preferential treatment of regional enterprise) #
Where a facilities manager or project implementer enters into a contract for construction works, commodities, services, etc. prescribed by Presidential Decree, he or she may preferentially treat a person having the principal office placed under the control of the local government having jurisdiction over the relevant area requiring countermeasures against noise or adjacent areas requiring countermeasures against noise, as prescribed by Presidential Decree.
[This Article Added on May 18, 2021]
Article 26-3(Special cases concerning permission for use or lease of public property) #
(1) If the head of a Si/Gun/Gu having jurisdiction over an area requiring countermeasures against noise or an adjacent area requiring countermeasures against noise deems it necessary to improve the welfare or increase the income of local residents, they may permit the use of or lease, free of charge, facilities established as residents' support projects that are owned by the relevant local government to community organizations of local residents as prescribed by ordinance of the local government, notwithstanding the State Property and Goods Management Act.
(2) Specific details and conditions of permission to use or lease public property under paragraph (1) shall be governed by the Public Property and Commodity Management Act.
[This Article Added on Mar. 19, 2024]
Article 27(Reporting and inspections) #
(1) The Minister of Land, Infrastructure and Transport, when necessary, may have a facilities manager or a project implementer file a necessary report or submit materials on airport noise countermeasure projects or resident support projects, and cause a public official under his or her jurisdiction to enter an office, a place of business or other necessary places of a facilities manager or a project implementer to inspect books, documents, or other articles or to ask questions to interested persons. <Amended on Mar. 23, 2013>
(2) Where an inspection under paragraph (1) is to be conducted, a person subject to such inspection shall be informed of an inspection plan, such as the data and time, purpose and details of inspection, etc., by not later than seven days prior to the scheduled inspection; provided, this shall not apply to cases of emergency or cases where the objective of such inspection cannot be achieved if an inspection plan is known to a person subject to the inspection in advance.
(3) A public official who has access to necessary places and conducts inspections pursuant to paragraph (1) shall carry identification indicating his or her authority and present it to interested persons.
(4) Matters necessary for identification under paragraph (3) shall be prescribed by the Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
Article 28(Delegation of authority) #
The Minister of Land, Infrastructure and Transport may delegate part of his or her authority granted under this Act to the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree, and the head of such agency may re-delegate part of his or her authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
Article 29(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person who fails to implement a project in accordance with the approved project plan under Article 24 (1);
2. A person who fails to file a report pursuant to Article 27 (1) or files a false report, or who refuses, obstructs or evades an inspection;
3. A person who fails to submit materials pursuant to Article 27 (1) or submits false materials.
(2) The Minister of Land, Infrastructure and Transport shall impose and collect administrative fines prescribed in paragraph (1), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>