Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Special Act on Support for Five Islands of the Republic of Korea in the Yellow Sea and matters necessary for the enforcement thereof.
Article 2(Modification of important matters of comprehensive development plan) #
The term “important matters prescribed by Presidential Decree” in the latter part of Article 5 (1) of the Special Act on Support for Five Islands of the Republic of Korea in the Yellow Sea (hereinafter referred to as the “Act”) means an expansion or reduction of the total project cost or the total area of the target region under the comprehensive development plan for the five islands in the Yellow Sea (hereinafter referred to as the “comprehensive development plan”) by 10 percent or more.
Article 3(Composition and operation of the Five Islands in the Yellow Sea Support Committee) #
(1) Members of the Five Islands in the Yellow Sea Support Committee under Article 7 (1) of the Act (hereinafter referred to as the “Committee”) shall be the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017>
1. The Minister of Economy and Finance; the Minister of Education; the Minister of Unification; the Minister of National Defense; the Minister of the Interior and Safety; the Minister of Culture, Sports and Tourism; the Minister of Agriculture, Food and Rural Affairs; the Minister of Trade, Industry and Energy; the Minister of Health and Welfare; the Minister of Environment; the Minister of Land, Infrastructure and Transport; the Minister of Oceans and Fisheries; the Minister for Government Policy Coordination; and the Mayor of Incheon Metropolitan City;
2. Deleted. <Jul. 24, 2015>
(2) Deleted. <Jul. 24, 2015>
(3) The chairperson shall oversee the affairs of the Committee and represent the Committee.
(4) Matters to be referred to a meeting of the Committee shall be notified to its members at least 10 days before the meeting is held; provided, this shall not apply in urgent cases.
(5) Where the chairperson is unable to perform their duties due to unavoidable circumstances, a member designated in advance by the chairperson shall act on their behalf.
(6) A meeting of the Committee shall be convened with the attendance of a majority of the total members and resolutions shall be adopted with the consent of a majority of the members present.
(7) One secretary shall be appointed to handle the affairs of the Committee, and the Vice Minister of the Interior and Safety shall serve as the secretary. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(8) Deleted. <Jul. 24, 2015>
(9) Except as provided in paragraphs (1) and (3) through (7), matters necessary for the operation of the Committee shall be prescribed by the chairperson following deliberation by the Committee. <Amended on Jul. 24, 2015>
Article 4(State subsidy rates) #
Where a local government implements a project under the comprehensive development plan and the annual implementation plan pursuant to Article 8 (2) of the Act, and the standard subsidy rate (hereinafter referred to as “standard subsidy rate” in this Article) under the main sentence of Article 4 (1) and Appendix 1 of the Enforcement Decree of the Subsidy Management Act is less than 80 percent, the rate of subsidies (hereinafter referred to as “support subsidy rate” in this Article) shall be calculated by adding a rate determined by the Minister of Economy and Finance?based on the size, necessity, and urgency of the relevant project?to the standard subsidy rate, but if the resulting rate exceeds 80 percent, the support subsidy rate shall be 80 percent; provided, where the standard subsidy rate, the differential subsidy rate under Article 10 of the Subsidy Management Act, or the subsidy rate under other statutes is 80 percent or more, such rate shall apply as the support subsidy rate. <Amended on Oct. 26, 2011; Apr. 28, 2016>
Article 5(Special grants from local subsidies) #
Where the Mayor of Incheon Metropolitan City or the Head of Ongjin-gun requests special financial support due to the occurrence of special regional demands in the course of implementing projects under the comprehensive development plan and the annual implementation plan, the Minister of the Interior and Safety may, pursuant to Article 8 (3) of the Act, grant special local grant taxes from among the local grant taxes within the scope of available financial resources, in addition to those subject to grants under Articles 6, 9, 9-2, and 9-3 of the Local Subsidy Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 6(Priority support for resident safety facilities) #
The term “facilities prescribed by Presidential Decree” in Article 10 of the Act means the following facilities:
1. Civil defense alarm facilities;
2. Electricity and communication facilities that can be used in emergencies;
3. Other facilities deemed necessary by the Committee to ensure the safety of residents.
Article 7(Eligibility for subsidies for residency) #
(1) A person eligible to receive subsidies for residency under Article 12 of the Act (hereinafter referred to as “subsidies for residency” in this Article) shall be any of the following persons; provided, a person who receives a remote area service allowance under the Regulations on Allowances for Public Officials, the Regulations on Allowances for Local Public Officials, or other statutes or regulations shall be excluded: <Amended on Dec. 30, 2015>
1. A person who, as of the payment date of the subsidies for residency, has had their address registered in the five islands in the Yellow Sea pursuant to the Resident Registration Act for at least 6 months and has actually resided in such address for at least 6 months from the date of registration;
2. A marriage immigrant defined in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea who, as of the payment date of the subsidies for residency, has had their place of stay registered in the five islands in the Yellow Sea pursuant to Article 31 of the Immigration Act for at least 6 months and has actually stayed in such place for at least 6 months from the date of registration.
(2) Notwithstanding paragraph (1), where a person has registered an address in the five islands in the Yellow Sea pursuant to the Resident Registration Act, or a marriage immigrant has registered a place of stay in the five islands in the Yellow Sea pursuant to Article 31 of the Immigration Act, and gives birth to a child, the subsidies for residency shall be paid for the child from the month when the address is registered pursuant to the Resident Registration Act. <Amended on Dec. 30, 2015>
(3) The subsidies for residency shall be paid monthly to each eligible recipient; provided, if the recipient applies for the subsidies for residency to be paid to another person as specified in the following subparagraphs, it may be paid to such person: <Amended on Dec. 30, 2015>
1. Where the recipient falls under subparagraph 1 of paragraph (1) or paragraph (2): The head of household stated in the household resident registration record under Article 6 of the Enforcement Decree of the Resident Registration Act;
2. Where the recipient falls under subparagraph 2 of paragraph (1): The spouse.
(4) The monthly amount of the subsidies for residency per person shall be the amount determined and publicly notified by the Minister of the Interior and Safety within the budgetary limits. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(5) Matters concerning the application for, and the procedures, methods, and timing of payment of the subsidies for residency, other than those prescribed in paragraphs (1) through (4), shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 8(Support for maritime transportation costs of daily necessities) #
(1) The Minister of the Interior and Safety and local governments may, within the budgetary limits, subsidize part of the maritime transportation costs incurred in transporting daily necessities, such as oil, gas, coal briquettes, wood pellets, and other goods essential for daily life, from inland areas to the five islands in the Yellow Sea pursuant to Article 14 of the Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Matters necessary for the criteria, methods, and procedures for subsidizing maritime transportation costs by the Minister of the Interior and Safety under paragraph (1) shall be prescribed and publicly notified by the Minister of the Interior and Safety, and matters concerning the subsidies provided by local governments shall be prescribed by municipal ordinances of the relevant local governments. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 9(Support for tuition fees) #
(1) The Minister of the Interior and Safety and local governments may, within the budgetary limits, subsidize admission fees, tuition fees, and school operation support expenses for students attending schools established in the five islands in the Yellow Sea under Article 2 of the Elementary and Secondary Education Act pursuant to Article 15 (2) of the Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Where a student eligible for support under paragraph (1) receives compulsory education or receives tuition reduction or subsidies under other statutes, the relevant amount shall not be subsidized.
(3) The admission fees, tuition fees, and school operation support expenses under paragraph (1) shall be paid quarterly, and the timing, procedures, and methods of payment shall be prescribed and publicly notified by the Minister of the Interior and Safety; provided, matters concerning the portion subsidized by local governments shall be prescribed by municipal ordinances of the relevant local governments. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 10(Special grants from local education finances) #
In addition to those subject to grants under Articles 5 and 5-2 of the Local Education Subsidy Act, where the superintendent of education of Incheon Metropolitan City requests that there is a special financial demand due to the improvement of educational conditions of various levels of schools under Article 2 of the Regulations on the Establishment and Operation of Schools of Various Levels Equal to or Lower than High School established on the five Islands in the Yellow Sea or the operation of curricula, the Minister of Education may examine and grant special subsidies out of local education subsidies within the scope of financial resources for the operation thereof pursuant to Article 15 (3) of the Act. <Amended on Mar. 23, 2013>
Article 11(Admission to universities in excess of enrollment quotas) #
Where a person falling under any of the following subparagraphs is admitted to a university (including industrial universities, colleges of education, junior colleges, technical colleges, distance learning universities, and miscellaneous schools, but excluding graduate schools and graduate-level universities), such person shall be deemed admitted in excess of the enrollment quota pursuant to Article 15 (4) of the Act, notwithstanding Article 28 (1) of the Enforcement Decree of the Higher Education Act; in such cases, the total number of students admitted in each academic year under subparagraphs 1 and 2 shall not exceed 1 percent of the enrollment quota for the academic year, and the total number of students in each recruitment unit under subparagraphs 1 and 2 shall not exceed 5 percent of the enrollment quota for that unit in the academic year:
1. A student who resides in the five islands in the Yellow Sea with a person having parental authority under Article 909 of the Civil Act or with a guardian under Article 928 of that Act and has completed all courses at middle and high schools established in the five islands in the Yellow Sea;
2. A student who resides in the five islands in the Yellow Sea and has completed all courses at elementary, middle, and high schools established in the five islands in the Yellow Sea.
Article 12(Support for public facilities and welfare facilities) #
(1) The term “public facilities prescribed by Presidential Decree” in Article 16 (1) of the Act means the following facilities:
1. Transportation facilities;
2. Water supply and desalination facilities;
3. Sewage and wastewater treatment facilities;
4. Other public facilities deemed particularly necessary in the five islands in the Yellow Sea by the Committee.
(2) The term “welfare facilities prescribed by Presidential Decree” in Article 16 (2) of the Act means the following facilities:
1. Clinics;
2. Village welfare centers;
3. Other welfare facilities deemed particularly necessary in the five islands in the Yellow Sea by the Committee.
Article 13(Support for management activities of farmers and fishers) #
(1) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, and local governments may, pursuant to Article 18 of the Act, give priority in providing funds necessary for engaging in farming and fishing, such as funds for farming, fishing, facilities, and operation, to encourage the management activities of farmers and fishers residing in the five islands in the Yellow Sea. <Amended on Mar. 23, 2013>
(2) Where military threats or other military-related factors occur and make it difficult for farmers and fishers residing in the five islands in the Yellow Sea to engage in management activities due to the suspension of farming or fishing, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may, pursuant to Article 18 of the Act, allow a deferment of repayment or an extension of maturity or provide interest reduction for policy loans borrowed for farming or fishing, in accordance with standards prescribed and publicly notified by the Ministers, within a period of 2 years. <Amended on Mar. 23, 2013>
(3) Where military threats or other military-related factors occur and make it difficult for farmers and fishers residing in the five islands in the Yellow Sea to engage in management activities due to the suspension of farming or fishing, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may, pursuant to Article 18 of the Act, give priority in providing funds necessary for stabilizing their management. <Amended on Mar. 23, 2013>
Article 14(Subsidization of passenger ship operation losses) #
The term “passenger ship routes prescribed by Presidential Decree” in Article 20 of the Act means the passenger ship routes departing in the morning from Baengnyeongdo, Ongjin-gun, Incheon Metropolitan City and arriving at Incheon Port.
[This Article Added on Dec. 4, 2018]