SPECIAL ACT ON PROMOTION AND SUPPORT FOR SAEMANGEUM PROJECT

영문법령 불러오는 중…

SPECIAL ACT ON PROMOTION AND SUPPORT FOR SAEMANGEUM PROJECT — 법갈피

Article 8-2(Revocation of Designation of Development Project Implementers and Substitute Designation) #

(1) If a project implementer falls under any of the following subparagraphs, the Administrator of SDIA 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. Where the project implementer obtains designation or approval under this Act, by fraud or other improper means;

2. If the project implementer fails to apply for approval of a development plan under Article 9(1) within two years from the date of designation as a project implementer under Article 8 or fails to apply for approval of an integrated development plan for each use by which a development plan and an implementation plan are integrated under Article 11-2(1);

3. Where no application is filed for approval of an implementation plan referred to in Article 11(1) within two years from the date on which the development plan is approved and publicly notified pursuant to Article 9;

4. Where construction works or a project do not commence within one year from the day an implementation plan under Article 11 is approved publicly notified;

5. Where the project implementer is substantially behind the scheduled progress for reasons imputable to it;

6. Where it becomes impractical to continue implementing the Saemangeum Project due to a natural disaster or change of circumstances, such as necessity from important public interests, etc.;

7. Where the project implementer violates an order to take necessary measures, such as supplementary construction works, etc. under Article 20(2);

8. Where the project implementer violates an order to file a report or submit materials under Article 28(1).

(2) Where the Administrator of SDIA revokes the designation of a project implementer pursuant to paragraph (1), he or she may designate a substitute project implementer. In such cases, Article 8(1) and (2) shall apply mutatis mutandis to the designation of a project implementer.

(3) A project implementer designated alternatively under paragraph (2) shall succeed to the status of the former project implementer in connection with the respective approval of a development plan and an action plan prescribed in Article 9 and Article 11.

(4) When the Administrator of SDIA issues a disposition or order under paragraph (1) or designates a substitute project implementer under paragraph (2), he or she shall publicly notify such fact as prescribed by Presidential Decree.

(5) Where the Administrator of SDIA intends to revoke the designation of a project implementer or to revoke approval under this Act pursuant to paragraph (1), he or she shall hold a hearing.

[This Article Added on Jan. 29, 2020]

Article 8-3(Orders to Sell Land and Reclamation License) #

(1) Where the Administrator of SDIA revokes the designation of a project implementer pursuant to Article 8-2(1), he or she may order the project implementer substituted pursuant to paragraph (2) of the same Article to sell the land or the reclamation license the former project implementer purchased for the relevant project. In such cases, the Administrator of SDIA shall notify the substituted project implementer of such fact.

(2) Where the project implementer substituted pursuant to Article 8-2(2) receives an order to sell land under paragraph (1), he or she shall commence the consultation on the purchase of the relevant land or the reclamation license with the former project implementer without delay.

(3) The standard amount for consultation on purchase under paragraph (2) shall be the sum of the development cost and the amount obtained by multiplying the development cost by a statutory interest rate under the Civil Act in cases of land, and in cases of a reclamation license, the amount obtained by taking an arithmetic average of the development cost and the price appraised by at least two appraisers under the Act on Appraisal and Certified Appraisers. In such cases, methods, etc. for calculating the development cost shall be governed by Article 22(5).

(4) Where the Administrator of SDIA issues an order to sell land or a reclamation license pursuant to paragraph (1), when a project implementer has already sold the relevant land or reclamation license to a third party and obtained gains (in cases of land, referring to the amount calculated by deducting the development cost from the sales amount; and in cases of a reclamation license, referring to the amount calculated by deducting the cost of purchase agreement under paragraph (3) from the sales amount), such gains shall be restituted.

(5) The amount subject to restitution pursuant to paragraph (4) shall be imposed and collected in the same manner as delinquent national taxes.

[This Article Added on Jan. 29, 2020]

Article 9(Approving Development Plans by Land Use) #

(1) A project implementer designated pursuant to Article 8(1) shall formulate a development plan by land use (hereinafter referred to as "development plan") including the following matters, according to the relevant Master Plan and inter-regional infrastructure installation plan, and obtain approval from the Administrator of SDIA. This shall apply to the amendment of the development plan: <Amended on Aug. 11, 2015>

1. Outline of the development plan;

2. Project implementer;

3. Reclamation project plan (including a phased development plan);

4. Population accommodation;

5. Land utilization plan and transportation management plan;

6. Plans for landscape, parks, and green areas;

7. Infrastructure installation plan, such as roads, waterworks, sewerage, etc.;

8. Environmental conservation plan;

9. Duration of the development project and phased implementation plan;

10. Funding plans;

11. An area necessary to be designated as a district-unit planning zone under Article 51(1) of the National Land Planning and Utilization Act within the development district;

12. Other matters prescribed by Presidential Decree.

(2) Where the Administrator of SDIA intends to approve a development plan, he or she shall consult with the heads of relevant administrative agencies and shall undergo deliberation by the Saemangeum Committee. This shall also apply where he or she intends to approve alteration of important matters prescribed by Presidential Decree. <Amended on Aug. 11, 2015>

(3) The head of a relevant administrative agency, upon receipt of a request for consultation under paragraph (2), shall submit his or her opinion within 20 days from the receipt thereof; and if no opinion is submitted within such period, he or she shall be deemed to have no opinion; provided, the same shall not apply to the consultation on the strategic environmental impact assessment referred to in paragraph (4). <Added on Dec. 2, 2016>

(4) Where the Administrator of SDIA intends to approve a development plan which contains any development project subject to strategic environmental impact assessment under subparagraph 1 of Article 2 of the Environmental Impact Assessment Act, he or she shall prepare a strategic environmental impact assessment in writing and request consultation pursuant to Articles 11 through 16 of that Act. <Amended on Aug. 11, 2015; Dec. 2, 2016>

(5) Where the Administrator of SDIA approves a development plan or approves amendments thereof under paragraph (1) or (2), he or she shall publicly notify such fact, as prescribed by Presidential Decree and send copies of relevant documents to the heads of relevant local governments. In such case, in receipt of copies of relevant documents, the heads of relevant local governments shall make such copies available for inspection by the public. <Amended on Aug. 11, 2015; Dec. 2, 2016>

(6) The Administrator of SDIA may determine and publicly notify matters necessary for the formulation of a development plan. <Added on Dec. 2, 2016>

Article 11(Approving Development Implementation Plans by Land Use) #

(1) Where a project implementer intends to implement the Saemangeum Project, such implementer shall formulate a development implementation plan by land use (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree, and obtain approval from the Administrator of SDIA; and the same shall apply to the amendment thereof. In such cases, the implementation plan may be formulated by phase, such as reclamation, creation of sites, etc., for full or partial land use. <Amended on Aug. 11, 2015>

(2) An implementation plan shall include the following matters; provided, matters falling under subparagraphs 6, 7, 9, 11, and 12 may not be included in cases of a public water reclamation project under subparagraph 4 of Article 2 of the Public Waters Management and Reclamation Act: <Amended on Dec. 2, 2016>

1. Name, location, and size of the area subject to the implementation plan;

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

3. Name (for a corporation, the name of the corporation and name of its representative) and address of project implementers;

4. Period for project implementation and development methods;

5. Ground plans and design drawings of the project plan;

6. Plans for utilization of land (including plans to attract industries and to install major project facilities);

7. District-unit plans formulated pursuant to Article 49 of the National Land Planning and Utilization Act (applicable only to an area deemed designated and publicly notified as a district-unit planning zone pursuant to Article 10(2));

8. Plans for environmental management;

9. Plans to install infrastructure;

10. Funding plans and annual investment plans;

11. Plans for disposal of developed land;

12. Plans for landscape, parks, and green areas;

13. Other matters prescribed by Presidential Decree.

(3) Where the Administrator of SDIA intends to approve an implementation plan or the amendment thereof, he or she shall consult with the heads of relevant central administrative agencies, as prescribed by Presidential Decree. This shall also apply where he or she intends to approve the alteration of important matters prescribed by Presidential Decree in the implementation plan. <Amended on Aug. 11, 2015>

(4) Where a project implementer seeks approval of an implementation plan pursuant to paragraph (1), such implementer shall undergo environmental impact assessment under Articles 22 and 42 of the Environmental Impact Assessment Act, before obtaining approval.

(5) Where the Administrator of SDIA approves an implementation plan or the amendment thereof, he or she shall publicly notify such approval, as prescribed by Presidential Decree, inform the Jeonbuk Special Self-Governing Province Governor and the project implementer of such fact, and send copies of relevant documents to them. <Amended on Aug. 11, 2015; Dec. 26, 2023>

(6) Upon receipt of the information of approval of an implementation plan pursuant to paragraph (5), the Jeonbuk Special Self-Governing Province Governor shall take measures so that anyone can verify the implementation plan approved and publicly notified, as prescribed by Presidential Decree. <Amended on Dec. 26, 2023>

Article 11-3(Establishment of Integrated the Committee for Deliberation on Development of Saemangeum) #

(1) The Saemangeum Development and Investment Agency may establish an integrated committee for deliberation on developing Saemangeum (hereinafter referred to as the "Integrated Deliberation Committee") as a sub-organization of the Saemangeum Development and Investment Agency in order to review and deliberate on the following matters, such as urban planning, transportation, and disasters, in connection with approving an integrated plan under Article 11-2: <Amended on Jun. 9, 2020>

1. Urban or Gun management plans under the National Land Planning and Utilization Act;

2. Traffic impact assessments under Article 16 of the Urban Traffic Improvement Promotion Act;

3. Energy use plans under Article 10 of the Energy Use Rationalization Act;

4. Disaster impact assessments, etc. under Article 4 of the Countermeasures against Natural Disasters Act;

5. Educational environment assessments under Article 6 of the Educational Environment Protection Act;

6. Other matters referred by the Administrator of SDIA to the Integrated Deliberation Committee for deliberation as deemed necessary.

(2) The Integrated Deliberation Committee shall be comprised of a maximum of 30 members, including one chairperson and one vice chairperson.

(3) Members of the Integrated Deliberation Committee shall be appointed or commissioned from among the following persons: the chairperson shall be elected by committee members from among persons falling under subparagraph 2; and the chairperson may appoint a public official of the Saemangeum Development and Investment Agency as vice chairperson, from among the persons referred to in subparagraph 1, if necessary to facilitate deliberation: <Amended on Dec. 26, 2023>

1. Public officials who are members of the Senior Executive Service as the head of a related central administrative agency or as the head of a related division of Jeonbuk Special Self-Governing Province (referring to at least Grade III public officials, in the case of those of Jeonbuk Special Self-Governing Province) and public officials who are members of the Senior Executive Service and are in charge of related business affairs in the Saemangeum Development and Investment Agency;

2. Persons commissioned by the Administrator of SDIA, from among experts in urban planning, transportation, disasters, or other relevant area with abundant knowledge and experience in development projects;

3. Persons recommended by the chairperson of the Urban Planning Committee established by the Saemangeum Development and Investment Agency pursuant to Article 69(4), from among members of that committee;

4. Persons recommended by the chairperson of the Traffic Impact Assessment Deliberation Committee under Article 19 of the Urban Traffic Improvement Promotion Act, from among members of the Traffic Impact Assessment Deliberation Committee;

5. Persons recommended by the chairperson of the committee authorized to deliberate on energy use plans under Article 10 of the Energy Use Rationalization Act, from among members of that committee;

6. Persons recommended by the chairperson of the Disaster Impact Assessment Deliberation Committee under Article 4 of the Countermeasures against Natural Disasters Act, from among members of that committee;

7. Persons recommended by the chairperson of the City/Do Educational Environment Protection Committee established in Jeonbuk Special Self-Governing Province pursuant to Article 5 of the Educational Environment Protection Act, from among members of that committee.

(4) The chairperson of the Committee shall request chairpersons of the committees to which members falling under paragraph (3)3 through 7 belong to recommend committee members, and chairpersons of such committees shall recommend committee members within seven days from the date they are so requested.

(5) A majority of the members of the Integrated Deliberation Committee shall constitute a quorum, and any resolution thereby shall require a concurring vote of at least a majority of those present.

(6) The Integrated Deliberation Committee shall tape-record proceedings of each meeting and shall take minutes of each meeting.

(7) The minimum number of committee members from each category prescribed in the subparagraphs of paragraph (3) and other matters necessary for the organization, operation, etc. of the Integrated Deliberation Committee shall be prescribed by Presidential Decree.

[This Article Added on Dec. 31, 2018]

Article 13(Restrictions on Acts) #

(1) In the Saemangeum Project Area (excluding an area for which a license for reclaiming public waters was obtained pursuant to Article 28 of the Public Waters Management and Reclamation Act and which has not undergone inspection on completion pursuant to Article 45 of that Act), a person who intends to do an act prescribed by Presidential Decree, such as construction of buildings, installation of structures, alteration of the form and quality of land, collection of soil and stones, subdivision of land, stockpiling of articles, etc., shall obtain permission from the Administrator of SDIA. This shall also apply where such person intends to alter matters already permitted. <Amended on Aug. 11, 2015>

(2) Notwithstanding paragraph (1), any of the following acts may be done without obtaining permission:

1. An act done for emergency measures necessary for restoration from disaster or disaster control;

2. Other acts prescribed by Presidential Decree.

(3) With regard to activity requiring permission under paragraph (1), a person who has already obtained permission for an act under relevant statutes or regulations or has commenced construction or a project for activity that does not require permission as at the time the project implementation or implementation plan is authorized and publicly notified pursuant to Article 96 of the Agricultural Community Modernization Promotion Act as amended by Act No. 4118 and to Article 9-2 of the Public Waters Reclamation Act as amended by Act No. 3901, shall be allowed to continue the construction or project after reporting to the Administrator of SDIA, as prescribed by Presidential Decree. <Amended on Aug. 11, 2015>

(4) The Administrator of SDIA may issue an order of reinstatement to a person who violates paragraph (1). In such cases, where the person in receipt of the order fails to perform any of his or her obligations, the Administrator of SDIA may perform it as proxy pursuant to the Administrative Vicarious Execution Act. <Amended on Aug. 11, 2015>

(5) In addition to the provisions of this Act on permission under paragraph (1), Articles of 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis thereto.

(6) Where permission is obtained pursuant to paragraph (1), permission shall be deemed obtained pursuant to Article 56 of the National Land Planning and Utilization Act.

(7) Deleted. <Aug. 11, 2015>

Article 14(Special Cases concerning the Public Waters Management and Reclamation Act) #

(1) Where an implementation plan is approved pursuant to Article 11, the purpose of reclamation of land for which reclamation license is obtained pursuant to Article 28 of the Public Waters Management and Reclamation Act, of land slated for reclamation, or of reclaimed land for which completion of construction is authorized (including cases where consultation is held or approval is obtained pursuant to Article 35 of the aforesaid Act) shall be deemed to have been changed to a use determined by relevant statutes, etc., notwithstanding Article 48 of that Act and Article 3 of the Addenda to the Public Waters Reclamation Act (Act No. 5911).

(2) Where the purpose of reclamation of the Saemangeum Project Area is altered, a right to reclaim may be transferred to a project implementer before the completion of reclamation is inspected, notwithstanding Article 35(2) of the Public Waters Management and Reclamation Act.

(3) Where a project implementer obtains a right to reclaim pursuant to paragraph (2), such implementer shall be deemed to have obtained a reclamation license pursuant to Article 28 of the Public Waters Management and Reclamation Act.

(4) Where a public implementer creates land with his or her own finances after obtaining approval of an implementation plan, the land shall devolve on a project implementer, notwithstanding Article 46(1)2 through 4 of the Public Waters Management and Reclamation Act.

(5) Where a project implementer referred to in Article 8(1)4 or 5 intends to use any remaining reclaimed land acquired by the State under Article 46(1) of the Public Waters Management and Reclamation Act, the State may grant permission to use the relevant remaining reclaimed land or lend it for up to 50 years, notwithstanding Articles 35 and 46 of the State Property Act. In such cases, where the period of use permission or lease period has expired, the previous use permission or lease contract may be extended by the period not exceeding 50 years on only one occasion. <Amended on Dec. 2, 2016>

(6) Where a project implementer referred to in Article 8(1)4 or 5 intends to file a request, pursuant to Article 47(1) of the Public Waters Management and Reclamation Act, for the purchase of any remaining reclaimed land acquired by the State under Article 46(1) of that Act, he or she may file the request during the period of use permission or lease period referred to in paragraph (5). In such cases, the sale price of the relevant reclaimed land may be prescribed by Presidential Decree, notwithstanding Article 44 of the State Property Act. <Added on Dec. 2, 2016>

(7) Notwithstanding Article 4(2) of the Public Waters Management and Reclamation Act, public waters in the Saemangeum Project Area shall be managed by the Administrator of SDIA; provided, this shall not apply to the areas where the Minister of Agriculture, Food and Rural Affairs directly implements a project or affairs under Article 54. <Added on Aug. 11, 2015; Dec. 2, 2016>

Article 17(Authorization and Permission Deemed Granted under Other Statutes) #

(1) Where a project implementer obtains approval of an implementation plan, each permission, authorization, report, determination, designation, license, consultation, rescission, deliberation, etc. (hereinafter referred to as "authorization, permission, etc.") under the following statutes shall be deemed obtained or made; where the Administrator of SDIA or a Mayor/Do Governor approves or publicly notifies an implementation plan according to the procedures prescribed by relevant statutes, etc., each public notification or public announcement of authorization, permission, etc. under relevant statutes in the following shall be deemed made: <Amended on May 22, 2013; Jan. 14, 2014; Jun. 3, 2014; Jul. 24, 2015; Aug. 11, 2015; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Feb. 8, 2017; Oct. 24, 2017; Jan. 29, 2020; Mar. 31, 2020; Nov. 30, 2021; Jan. 2, 2024>

1. Permission to install discharge facilities and permission to alter the same and report on altering the same under Article 11 of the Act on the Management and Use of Livestock Excreta;

2. Deliberation by the construction technology deliberation committee under Article 5 of the Construction Technology Promotion Act;

3. Deliberation by the construction committee under Article 4 of the Building Act, permission for construction under Article 11 of that Act, reporting on construction under Article 14 of that Act, altering matters permitted and matters reported under Article 16 of that Act, permission for construction or reporting on installation of temporary buildings under Article 20 of that Act, consultation on construction under Article 29 of that Act, and reporting on installation of structures under Article 83 of that Act;

4. Permission to collect aggregate under Article 22 of the Aggregate Extraction Act;

5. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of that Act, approval of an implementation plan under Article 17 of that Act (excluding land slated for reclamation for which a reclamation license is obtained), reclamation license for public waters under Article 28 of that Act, public notification of a license under Article 33 of that Act, consultation or approval under Article 35 of that Act, and approval or public notification of an implementation plan for reclaiming pubic waters under Article 38 of that Act;

6. Permission to use or engage in profit-making under Article 20 of the Public Property and Commodity Management Act;

7. Approving a business plan under Article 15 of the Tourism Promotion Act, designation of tourist destinations and tourism complexes under Article 52 of that Act, approval of a development plan for tourist destinations and tourism complexes under Article 54 of that Act, and permission to implement a development project under Article 55 of that Act;

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

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

10. Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and approval of a plan for development of rural tourism and resort complexes under Article 82 of that Act;

11. Altering or canceling an agricultural promotion area, etc. under Article 31 of the Farmland Act; permission to divert farmland under Article 35 of that Act and consultation on permission to temporarily use farmland for other purposes under Article 36 of that Act;

12. Consultation with or approval by a road management agency under Article 107 of the Road Act (limited to designation and public notification of routes under Article 19 of that Act, designation of routes in areas outside of jurisdiction under Article 20 of that Act, determination of road zones under Article 25 of that Act, permission for road works granted to a person other than a road management agency under Article 36 of that Act, designation of roadside clear zones under Article 40 of that Act, and permission to occupy roads under Article 61 of that Act);

13. Designating an urban development zone under Article 3 of the Urban Development Act; formulating of an urban development project plan under Article 4 of that Act; hearing opinions of residents, etc. under Article 7 of that Act; publicly notifying the designation of an urban development zone under Article 9 of that Act; designating the implementer of an urban development project under Article 11 of that Act (excluding a project implementer under Article 8(1)4); authorizing establishment of an association under Article 13 of that Act; authorizing an implementation plan for an urban development project under Article 17 of that Act; and publicly notifying authorization for an implementation plan under Article 18 of that Act;

14. Formulation or amendment of a Master Plan for parks and green areas under Article 9 of the Act on Urban Parks and Green Areas;

15. Review of statement of traffic impact assessment under Article 16 of the Urban Traffic Improvement Promotion Act;

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

17. Authorization for project implementation under Article 9 of the Act on the Development and Management of Logistics Facilities, designation of a logistics cluster under Article 22 of that Act and approval of an implementation plan for developing a logistics cluster under Article 28 of that Act;

18. Permission for opening a private road under Article 4 of the Private Road Act;

19. Permission to fell trees, etc. under Article 14 of the Erosion Control Work Act, and rescission of designation of land treated for erosion or collapse control under Article 20 of that Act;

20. Permission for or reporting on felling standing timbers, etc. under Article 36 of the Creation and Management of Forest Resources Act;

21. Designating a national industrial complex, general industrial complex and high-tech city industrial complex under Articles 6, 7 and 7-2 of the Industrial Sites and Development Act; designating an agro-industrial complex under Article 8 of that Act; designating the implementer of an industrial complex development project under Article 16 of that Act; approving an implementation plan for the development of a national industrial complex under Article 17 of that Act; approving an implementation plan for the development of a general industrial complex under Article 18 of that Act; approving an implementation plan for the development of a high-tech city industrial complex under Article 18-2 of that Act; approving an implementation plan for the development of an agro-industrial complex under Article 19 of that Act; and designating and operating an industrial complex exclusively for lease under Article 46-6 of that Act;

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

23. Permission to divert a mountainous district and reporting thereon under Articles 14 and 15 of the Mountainous Districts Management Act, permission to temporarily use a mountainous district and reporting thereon under Article 15-2 of the Act, and permission to collect soil and stones and reporting on collection of soil and sand under Article 25 of that Act;

24. Reporting on installing a firefighting system under Article 13(1) of the Firefighting System Installation Business Act;

25. Consent to permission to construct a building, etc. under Article 6 of the Act on Installation and Management of Firefighting Systems;

26. Approving a comprehensive plan for maintenance of small rivers under Article 6 of the Small River Maintenance Act, permission to implement small river maintenance works under Article 10 of that Act, and permission to occupy small rivers under Article 14 of that Act;

27. Authorizing general waterworks business under Article 17 of the Water Supply and Waterworks Installation Act; authorizing industrial waterworks business under Articles 49 and 50 of that Act; authorizing the installation of private-use waterworks under Article 52 of that Act; and authorizing the installation of private-use industrial waterworks under Article 54 of that Act;

28. Consulting on an energy use plan under Article 10 of the Energy Use Rationalization Act;

29. Registration upon establishing a superstore under Article 8 of the Distribution Industry Development Act, designation of a joint collection and delivery center under Article 29 of that Act, and designation of a joint collection and delivery center development promotion zone under Article 34 of that Act;

30. Permission to establish a factory, etc. under Article 6(1) of the Act on the Safety Control of Hazardous Substances;

31. Consulting on disaster impact assessment, etc. under Article 4 of the Countermeasures against Natural Disasters Act;

32. Reporting on opening a grave under Article 8 of the Act on Funeral Services, permission for opening a grave under Article 27 of that Act;

33. Permission for electricity generation business, electric transmission business, electric distribution business, or electric sales business under Article 7 of the Electric Utility Act, and authorization for or reporting on a plan to build an electric installation for private use plan under Article 8 of that Act;

34. Approving a project plan under Article 15 of the Building Act;

35. Deleted; <Jun. 3, 2014>

36. Reporting on commencing, altering or completing a project under Article 86(1) of the Act on the Establishment and Management of Spatial Data;

37. Consulting on the feasibility of community energy supply under Article 4 of the Integrated Energy Supply Act;

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

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

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

41. Designation of a housing site development district under Article 3 of the Housing Site Development Promotion Act, designation, etc. of the implementer of housing site development business under Article 7 of that Act, formulation of a housing site development plan under Article 8 of that Act, and approval of an implementation plan for housing site development business under Article 9 of that Act;

42. Approval for or reporting on the installation of a waste treatment facility under Article 29 of the Wastes Control Act;

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

44. Consultation with or approval (limited to approval regarding permission for a river maintenance work by a person other than a river management agency under Article 30 of the River Act, permission to occupy and use a river under Article 33 of that Act) by river management agency under Article 6 of the River Act;

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

46. Formulation of a plan for execution of an intelligent transportation system under Article 76 of the National Transport System Efficiency Act, and formulation and approval of an implementation plan under Article 79 of that Act;

47. Permission to enter into a protected zone, etc. under Article 9 of the Protection of Military Bases and Installations Act, and consultation on permission, etc. with administrative agencies under Article 13 of that Act;

48. Permission for or reporting on installation of discharge facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act and Article 8 of the Noise and Vibration Control Act, and reporting on flying dust under Article 43 of the Clean Air Conservation Act;

49. Approving an implementation plan for a coastal maintenance project under Article 25 of the Coast Management Act;

50. Consultation on utilization of marine areas under Article 9 of the Marine Area Utilization Impact Assessment and marine area utilization impact assessment under Article 13 of the same Act;

51. Designation of a dairy district under Article 4 of the Dairy Promotion Act;

52. Permission for or reporting on an activity in a forest conservation zone (excluding a forest genetic resources conservation zone) under Article 9(1) and (2)1 and 2 of the Forest Protection Act, and cancellation of designation of a forest conservation zone under Article 11(1)1 of that Act;

53. Approval or consent to fell trees in a State forest under Article 9 of the State Forest Administration and Management Act.

(2) A project implementer, who intends to have authorization, permission, etc. deemed obtained or made, shall submit relevant documents prescribed by relevant statutes together as at the time such implementer files an application for approval of an implementation plan or for approval for the amendment thereof.

(3) In approving an implementation plan or the amendment thereof pursuant to relevant statutes, etc., the Administrator of SDIA shall consult in advance, with the head of relevant administrative agency where matters falling under any of the subparagraphs of paragraph (1) are included therein. <Amended on Aug. 11, 2015; Jun. 9, 2020>

(4) In receipt of a request for consultation from the Administrator of SDIA under paragraph (3), the head of the relevant administrative agency shall submit his or her opinion within 20 days from the receipt thereof; where an opinion is not submitted within such period, he or she shall be deemed to have no opinion. <Amended on Aug. 11, 2015>

(5) Where relevant administrative agencies differ in their opinions in the consulting process referred to in paragraph (3), the Administrator of SDIA may, where deemed necessary to coordinate them or to promptly proceed with consultation, organize a consultative council with relevant administrative agencies and operate it, as prescribed by Presidential Decree. In such cases, the heads of relevant administrative agencies shall require public officials under their control to attend the consultative council. <Added on Dec. 2, 2016>

(6) Where any approval, permission, etc. prescribed in the relevant statutes, etc. are deemed obtained under paragraph (1), the charges or fees to be imposed under the relevant statutes, etc. shall be exempt. <Added on Aug. 11, 2015; Dec. 2, 2016>

Article 22(Supply of Created Land) #

(1) Where a project implementer intends to supply land created by the Saemangeum Project or undeveloped land (hereinafter referred to as "created land, etc."), he or she shall formulate a supply plan for created land, etc. and obtain approval from the Administrator of SDIA. This shall also apply to the amendment of the supply plan. <Amended on Aug. 11, 2015>

(2) After concluding a contract with a person who intends to be supplied with undeveloped land and develop it (hereinafter referred to as "undeveloped land developer"), a project implementer shall obtain a detailed plan from such person, and include the plan in the details of an implementation plan.

(3) The Administrator of SDIA may revoke approval to supply undeveloped land or request a project implementer to take necessary measures, such as urging a project implementer to implement required measures, reinstate it, claim for compensation for damage, rescission of a contract for the supply of undeveloped land, etc., in any of the following cases: <Amended on Aug. 11, 2015>

1. Where the project implementer fails to use the land specified by the supply plan for undeveloped land under paragraph (1);

2. Where the undeveloped land developer fails to implement a project specified by the detailed plan under paragraph (2).

(4) A project implementer may rescind a contract for the supply of undeveloped land, as prescribed by Presidential Decree, in any of the following cases:

1. Where an undeveloped land developer fails to commence construction works within the deadline specified by a detailed plan;

2. Where an undeveloped land developer delays the implementation of a project past the project period specified by a detailed plan after commencing construction works;

3. Where an undeveloped land developer sells all or part of land supplied to a third party without obtaining approval from a project implementer;

4. Where supplied land is not used for the purpose specified in a detailed plan.

(5) The details of a supply plan for created land, etc., procedures and methods of supply, methods of determining a price, standards for selecting an undeveloped land developer, scope of affairs of a project implementer and an undeveloped land developer, methods of concluding a contract, and other necessary matters, shall be prescribed by Presidential Decree.

Article 33(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 efficient development and management of the Saemangeum Project Area and environmental conservation of the same.

(2) The Saemangeum Committee shall deliberate on the following: <Amended on Dec. 2, 2016; Mar. 20, 2018; Feb. 18, 2020; Jun. 9, 2020; Dec. 27, 2022>

1. Matters concerning a Master Plan under Article 6;

2. Matters concerning an installation plan for inter-regional infrastructure under Article 7;

3. Matters concerning a development plan under Article 9;

4. Matters concerning the supply of created land, etc. under Article 22;

5. Matters concerning the reserving of public land under Article 24;

6. Matters concerning annual investment plans under Article 30;

7. Matters concerning water use charges under Article 31;

8. Important matters concerning the Saemangeum Development Corporation under Article 36-2;

9. Important matters concerning the management and operation of a Saemangeum Project special account under Article 37;

10. Matters concerning approval of foreign educational institutions under Article 61(3);

11. Matters concerning permission for foreign medical institutions under Article 62(1);

12. Matters concerning the improvement of regulation on the Saemangeum Project;

13. Matters concerning the designation and the revocation of designation of an investment promotion zone;

14. Other matters referred by chairpersons as deemed necessary.

(3) The Saemangeum Committee shall be comprised of 30 or less members including two chairpersons. <Amended on Aug. 6, 2013>

(4) Persons commissioned by the Prime Minister and the President shall become the chairpersons; and the following persons shall become members: <Amended on Aug. 11, 2015; Dec. 26, 2023>

1. The heads of relevant central administrative agencies;

2. The Administrator of SDIA;

3. The Jeonbuk Special Self-Governing Province Governor;

4. Private specialists, etc. commissioned by the Prime Minister.

(5) Where the Saemangeum Committee is organized pursuant to paragraphs (3) and (4), at least 1/3 of its members shall be private specialists, etc. with substantial knowledge and experience in the fields of agriculture, environment, ocean, city, and culture, who can contribute to the development and operation of the Saemangeum Project Area.

(6) An executive secretary shall be appointed to efficiently operate and support the Saemangeum Committee, but shall be designated by the Prime Minister from among public officials affiliated with the Office for Government Policy Coordination and Saemangeum Development and Investment Agency. <Amended on Mar. 23, 2013>

(7) Where necessary for efficient operation, the Saemangeum Committee may establish subcommittees to deliberate on matters prescribed by Presidential Decree from among the matters subject to deliberation under paragraph (2).

(8) Other matters necessary for organizing and operating the Saemangeum Committee and subcommittees shall be prescribed by Presidential Decree.

Article 36-4(Capital and Investment) #

(1) The Corporation's capital shall be three trillion won and shall be divided into shares.

(2) The capital under paragraph (1) shall be invested by the State, local governments, public institutions under the Act on the Management of Public Institutions, local public enterprises under the Local Public Enterprises Act, or other person prescribed by Presidential Decree.

(3) The State may grant the Corporation a license for reclaiming public waters under Article 28(1) of the Public Waters Management and Reclamation Act in the Saemangeum Project Area (excluding the Saemangeumho Lake and the areas in which the Minister of Agriculture, Food and Rural Affairs directly implements projects under Article 54), as an investment in kind, before an implementation plan is approved. In such cases, notwithstanding Article 14(1) and (2), the license for reclaiming public waters (hereinafter referred to as "reclamation license") shall be deemed transferred, and the purpose of reclamation shall be deemed changed at the time the implementation plan is approved.

(4) The reclamation license granted to the Corporation as investment in kind under paragraph (3) shall be deemed a real right, and provisions regarding real property in the Civil Act shall apply to the reclamation license mutatis mutandis, except as provided in this Act.

(5) When the Corporation is granted a reclamation license as an investment in kind under paragraph (3), the Corporation shall notify the fact immediately to the competent reclamation license agency under Article 28(1) of the Public Waters Management and Reclamation Act.

(6) The classes of shares issued by the Corporation under paragraphs (1) through (3), the amount per share, and other necessary matters shall be stipulated by its Articles of Incorporation.

(7) Where the State or a local government makes an investment in the Corporation under paragraph (2) or (3), it may exercise its rights only to the extent of its investment, and the State Property Act shall apply to matters not provided in this Act. <Amended on Jun. 9, 2020>

[This Article Added on Mar. 20, 2018]

Article 36-9(Business Activities) #

(1) The Corporation shall perform the following projects: <Amended on Dec. 27, 2022; Dec. 3, 2024>

1. The following projects for developing land and a city within the scope of the Saemangeum Project:

a. Projects for acquisition, development, management, supply, and lease of land;

b. Projects for developing housing construction sites, sites for industrial facilities, and sites for the public facilities prescribed by Presidential Decree;

c. Urban development projects;

d. Projects for developing multi-functional complexes under a comprehensive plan for complexes for a function, such as housing, industrial functions, education, research, cultural functions, tourism, recreation, public administration, information and communications, welfare, or distribution (hereafter in this item referred to as "housing and other functions"), complexes for housing and other functions, and infrastructure;

e. Projects for land reclamation and landfill;

f. Integrated energy supply projects;

g. Projects for construction, rental, and management of buildings prescribed by Presidential Decree for public support in the Saemangeum project area;

2. The following profit-making projects and business for procuring funds required for the Saemangeum Project:

a. Installing, operating, and managing new and renewable energy systems under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;

b. Tramway business under the Tramway Transportation Act;

c. Other projects and business approved by the Administrator of SDIA;

3. Development of investment promotion zones, such as development of sites and installation of infrastructure;

4. The following business activities for soliciting investments:

a. Soliciting domestic and foreign investors and engaging in marketing and promotional activities for investments;

b. Comprehensive support activities, such as provision of consulting and information services to domestic and foreign investors, conduct of promotional activities and surveys, and processing of civil petitions for investors;

c. Other activities necessary to assist domestic and foreign investors in making investments;

5. Constructing, improving, supplying, and managing residential houses or buildings for public use or public service under an entrustment agreement;

6. Business activities entrusted by the State, a local government, or other persons;

7. Projects the Corporation may implement under other statutes.

(2) The Corporation may invest in, or contribute to, corporations engaging in business activities referred to in the subparagraphs of paragraph (1) or similar business activities, subject to resolution by its board of directors.

[This Article Added on Mar. 20, 2018]

Article 58(Taxation and Financial Support) #

(1) The State or local governments may reduce or exempt national taxes, customs duties, and local taxes imposed on foreign-capital invested companies relocating into the Saemangeum Project Area (hereinafter referred to as "relocating foreign-capital invested companies") and investors or occupant enterprises in the investment promotion zone, as prescribed by the Act on Restriction on Special Cases concerning Taxation, the Customs Act, and the Act on Restriction on Special Cases concerning Local Taxation. <Amended on Aug. 11, 2015; Dec. 27, 2022>

(2) To attract foreign-capital invested companies, the State or local governments may provide funds to foreign-capital invested companies. In such cases, Article 45-2(1) shall apply mutatis mutandis to matters necessary for the eligibility for, amounts, procedures, etc. of, such subsidization. <Amended on Aug. 11, 2015>

(3) To attract relocating foreign-capital invested companies, the State or local governments may purchase land for use permission, etc. or construct a building for use permission, etc. <Amended on Aug. 11, 2015>

(4) Notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, other statutes and regulations, where State or public property is leased to enterprises relocated to the Saemangeum Project Area, the State and a local government may reduce or exempt use fees or rents for such State or public property, as prescribed by Presidential Decree. <Amended on Aug. 11, 2015; Dec. 31, 2018>

(5) Notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, and other statutes or regulations, the State and a local government may allow enterprises, etc. relocated to the Saemangeum Project Area to use or profit from the State or public property owned by the State or local government, or may lease or sell it to them, through a negotiated contract. <Amended on Dec. 31, 2018; Jan. 29, 2020>

[Title Amended on Aug. 11, 2015]

Article 58-2(Exclusion from Application of Other Statutes to Relocating Foreign-Capital Invested Companies) #

(1) The following provisions shall not apply to relocating foreign-capital invested companies (limited to foreign-capital invested companies relocating into the land prescribed by Presidential Decree, such as land for industry and research, and tourism and leisure; hereafter in this Article the same shall apply). Where a foreign-capital invested company employs persons eligible for employment support, etc. under the following statutes, the Jeonbuk Special Self-Governing Province Governor may provide employment subsidies within the budget as prescribed by Provincial Ordinance: <Amended on Jan. 15, 2021; Dec. 26, 2023>

1. Article 24-2 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;

2. Article 12 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion;

3. Article 33-2 of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State;

4. Article 39 of the Act on Support for Persons Eligible for Veteran’s Compensation;

5. Article 28 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

6. Article 21(2) of the Act on Honorable Treatment of Persons of Distinguished Service during Special Military Missions and Establishment of Related Organizations.

(2) Notwithstanding Article 55 of the Labor Standards Act, a relocating foreign-capital invested company may grant unpaid holidays to its employees.

(3) Notwithstanding Articles 5 and 6 of the Act on the Protection of Temporary Agency Workers, the Minister of Employment and Labor may expand the scope of work permitted for temporary placement of workers or extend the period for temporary employment of workers, limited to the specialized categories of business that have undergone deliberation and resolution by the Saemangeum Committee. <Amended on Apr. 30, 2019>

[This Article Added on Aug. 11, 2015]

Article 61(Establishment and Operation of Foreign Educational Institutions) #

(1) Notwithstanding Article 3 of the Private School Act, foreign educational foundations may establish foreign educational institutions in the Saemangeum Project Area, after obtaining approval from each of the following persons: <Amended on Mar. 23, 2013; Feb. 18, 2020>

1. Foreign educational institutions equivalent to kindergartens defined in subparagraph 2 of Article 2 of the Early Childhood Education Act or schools specified in Article 2 of the Elementary and Secondary Education Act: The superintendent of education having jurisdiction over the region where the relevant foreign educational institution is to be established;

2. Foreign educational institutions equivalent to schools specified in Article 2 of the Higher Education Act: The Minister of Education;

(2) Notwithstanding paragraph (1)1, where a foreign educational institution equivalent to a school defined in subparagraph 2 of Article 2 of the Early Childhood Education Act or Article 2 of the Elementary and Secondary Education Act is to be established in the Saemangeum Project Area, the administrative district of which is not determined, it shall obtain approval from the Minister of Education. <Added on Feb. 18, 2020>

(3) Where the Minister of Education or the superintendent of education intends to approve a foreign educational institution pursuant to paragraphs (1) and (2), he or she shall undergo deliberation by the Saemangeum Committee. <Amended on Mar. 23, 2013; Feb. 18, 2020>

(4) 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 the matters necessary for the establishment and operation, etc. of foreign educational institutions under paragraph (1) including qualifications for foreign educational foundations eligible to establish foreign educational institutions and conditions for approval of foreign educational institutions. <Amended on Feb. 18, 2020>

(5) Where a Korean national desires to enroll in a foreign educational institution located in the Saemangeum Project Area, the State shall not restrict him or her on the ground of foreign residency requirements, etc. <Amended on Feb. 18, 2020>

(6) The State or local governments may subsidize the purchase of a site, construction of facilities, or operation of a school, or provide a site to a foreign educational institution to be established in the Saemangeum Project Area. <Amended on Feb. 18, 2020>

(7) In cases of a school located in the Saemangeum Project Area, which is a high school (hereinafter referred to as "international high school") with the aim of nurturing internationalized professionals with education in international relations, specific regions of foreign countries, etc., foreign teachers may be appointed as necessary for the operation of educational courses by determining the terms of an agreement, such as qualifications and period for appointment, wages, working conditions, past accomplishments, accomplishments, etc., as prescribed by Presidential Decree, notwithstanding Article 21 of the Elementary and Secondary Education Act, Articles 6 and 32(1) of the Educational Officials Act, and Articles 52 and 54-4 (1) and (3) of the Private School Act. <Amended on Feb. 18, 2020>

(8) International high schools may be allowed an exemption from the application of Articles 23, 24, 26, 29, and 46 of the Elementary and Secondary Education Act. <Amended on Feb. 18, 2020>

(9) Notwithstanding Article 47 of the Elementary and Secondary Education Act, the principal of an international high school may allow the admission of foreigners deemed to have secondary educational background or higher. <Amended on Feb. 18, 2020>

Article 62(Opening of Foreign Medical Institutions or Foreigner-Only Pharmacies) #

(1) Notwithstanding Article 33(2) of the Medical Service Act, a foreigner or a corporation established under the Commercial Act by a foreigner for the purpose of medical business, meeting all the following requirements, may open a foreign medical institution in the Saemangeum Project Area, with permission from the Minister of Health and Welfare. In such cases, the types of foreign medical institution shall be hospital, dental hospital, intermediate care hospital, or general hospital defined in Article 3 of the Medical Service Act: <Amended on Jan. 27, 2016>

1. That it shall be located in the Saemangeum Project Area;

2. That the percentage of foreign investment under Article 5(3) of the Foreign Investment Promotion Act shall be at least 50/100;

3. That it shall meet requirements prescribed by Presidential Decree, such as the scale of capital.

(2) Where a foreigner makes registration with the Minister of Health and Welfare, he or she may establish a foreigner-only pharmacy in the Saemangeum Project Area.

(3) Where the Minister of Health and Welfare grants permission to a foreign medical institution pursuant to paragraph (1), the Saemangeum Committee shall deliberate on such case.

(4) A foreign medical institution or foreigner-only pharmacy opened under this Act shall be deemed a medical institution or pharmacy established pursuant to the Medical Service Act or the Pharmaceutical Affairs Act.

(5) Notwithstanding Article 42(1) of the National Health Insurance Act, a foreign medical institution or foreigner-only pharmacy opened pursuant to paragraphs (1) and (2) shall not be deemed a medical care institution under that Act.

(6) A person with a foreign license for a physician, dentist, pharmacist, nurse, or medical technician may be engaged in a foreign medical institution or foreigner-only pharmacy established in the Saemangeum Project Area where he or she meets requirements determined by the Minister of Health and Welfare. In such cases, a person with a foreign license for a physician, dentist, pharmacist, nurse, or medical technician shall not deviate from the scope of work permitted for each kind under Article 2 of the Medical Service Act, Article 12 of the Nursing Act, or Article 3 of the Medical Service Technologists Act. <Amended on Sep. 20, 2024>

(7) A pharmacist associated with a foreigner-only pharmacy shall not prepare or sell medications to Korean nationals; provided, he or she may prepare or sell medications to a Korean national who is issued a prescription by a foreign medical institution.

(8) A person who opens a foreigner-only pharmacy shall indicate a mark inside and outside of the facility so that Korean nationals may recognize that its medical services are exclusively for foreigners.

(9) Matters concerning the establishment and operation of foreign medical institutions or foreigner-only pharmacies, in addition to those prescribed by this Act, shall be prescribed by the Medical Service Act, the Pharmaceutical Affairs Act, and separate statutes governing such matters.

Article 63(Special Cases concerning Permission for Foreigner-Only Casino Business) #

(1) Where a person who seeks permission to engage in casino business in the Saemangeum Project Area, intends to make a foreign investment and meets all the following requirements, the Minister of Culture, Sports and Tourism may grant permission to engage in casino business (limited to foreigner-only casino business) under Article 3(1)5 of the Tourism Promotion Act, notwithstanding Article 21(1) of that Act: <Amended on Aug. 11, 2015>

1. That the amount of foreign investment to be made in tourism business in the Saemangeum Project Area, shall be at least 500 million US dollars;

2. That the funds of investment shall not account for criminal proceeds falling under subparagraph 4 of Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, according to a final judgment of punishment;

3. That the land use of the area is for tourism and leisure;

4. That requirements prescribed by Presidential Decree, such as the credibility of the investor, shall be met.

(2) A person who seeks permission to engage in casino business under paragraph (1), shall apply for permission to the Minister of Culture, Sports and Tourism, along with documents prescribed by Presidential Decree, such as an investment plan. <Amended on Aug. 11, 2015>

(3) Matters necessary for permission to engage in casino business under paragraph (1), such as the place of business, timing to start business, etc. shall be prescribed by Presidential Decree.

(4) A person who obtains permission to engage in casino business pursuant to paragraph (1), shall prepare facilities and equipment under Article 23(1) of the Tourism Promotion Act by the time he or she commences business.

(5) Where a person who obtains permission pursuant to paragraph (1) falls under any of following, the Minister of Culture, Sports and Tourism shall revoke such permission: <Amended on Aug. 11, 2015>

1. Where he or she fails to make investment (referring to the investment specified in the investment plan) under paragraph (1)1;

2. Where the funds of investment account for criminal proceeds under subparagraph 4 of Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment according to a final judgment of punishment.

(6) Notwithstanding Article 11 of the Tourism Promotion Act, a person who obtains permission under paragraph (1) may entrust another person with such management of facilities necessary for the operation of casino business. In such cases, the person entrusted with the management shall not become disqualified under Article 22 of the Tourism Promotion Act.

(7) Where a person entrusted with management under the former part of paragraph (6), is disqualified under Article 22 of the Tourism Promotion Act, the Minister of Culture, Sports and Tourism may order a person who has obtained permission under paragraph (1) to suspend all or part of the relevant entrusted affairs, determining a period not exceeding six months, as prescribed by Ministerial Decree of the Culture, Sports and Tourism; provided, this shall not apply where the grounds for disqualification are removed within three months from the time such grounds for disqualification apply. <Added on Aug. 11, 2015; Jun. 9, 2020>

(8) The Minister of Culture, Sports and Tourism may conduct a preliminary examination for permission to engage in foreigner-only casino business, for a person who seeks permission to engage in casino business under paragraph (1), as prescribed by Presidential Decree. <Added on Aug. 11, 2015>

(9) Except as provided for in this Act, permission, etc. for casino business shall be governed by the Tourism Promotion Act; provided, this shall not apply to matters prescribed by Presidential Decree. <Amended on Aug. 11, 2015>

Article 69(Special Cases concerning Urban or Gun Plans) #

(1) In the Saemangeum Project Area, the Administrator of SDIA shall formulate or amend a basic urban or Gun plan and the Minister of Land, Infrastructure and Transport shall approve it, notwithstanding the provisions of the National Land Planning and Utilization Act. In such cases, "Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Do Governor, head of a Si, or head of a Gun" shall be deemed as "the Administrator of SDIA" for the purposes of that Act. <Amended on Mar. 23, 2013; Aug. 11, 2015; Jun. 9, 2020>

(2) In the Saemangeum Project Area, the Administrator of SDIA shall formulate and determine an urban or Gun management plan (excluding a plan for the designation or alteration of a special-purpose zone), notwithstanding the provisions of the National Land Planning and Utilization Act. In such cases, "Minister of Land, Infrastructure and Transport" shall be deemed as "the Administrator of SDIA" for the purposes of that Act. <Amended on Mar. 23, 2013; Aug. 11, 2015; Jun. 9, 2020>

(3) All or part of the matters stipulated by municipal ordinance of the relevant local government pursuant to the National Land Planning and Utilization Act, may be separately determined and publicly notified by the Administrator of SDIA, in consideration of the characteristics of the Saemangeum Project Area. In such cases, public notification by the Administrator of SDIA shall be deemed a municipal ordinance of the relevant local government. <Amended on Aug. 11, 2015>

(4) In the Saemangeum Project Area, an urban planning committee of the Saemangeum Project Area shall be established under the jurisdiction of the SDIA in lieu of a local urban planning committee under the National Land Planning and Utilization Act. In such cases, "Mayor/Do Governor, or head of a Si/Gun/Gu" shall be deemed as "the Administrator of SDIA," and "a City/Do or Si/Gun/Gu" shall be deemed as "SDIA" respectively for the purposes of that Act. <Amended on Aug. 11, 2015; Jun. 9, 2020>

(5) In the Saemangeum Project Area, the Administrator of SDIA shall designate an implementer of an urban or Gun planning facility project and approve an urban or Gun planning facility project implementation plan, notwithstanding the provisions of the National Land Planning and Utilization Act. In such cases, "the Minister of Land, Infrastructure and Transport" shall be deemed as "the Administrator of SDIA" for the purposes of that Act. <Amended on Mar. 23, 2013; Aug. 11, 2015; Jun. 9, 2020>

(6) Where necessary to promote the Saemangeum Project, the Administrator of SDIA may separately determine and publicly notify the building-to land ratio or floor area ratio within the Saemangeum Project Area by up to 150 percent, in compliance with standards prescribed by Presidential Decree, notwithstanding Article 77 or 78 of the National Land Planning and Utilization Act. In such cases, the public notification given by the Administrator of SDIA shall be deemed a municipal ordinance of the relevant local government in the Saemangeum Project Area. <Added on Dec. 2, 2016>

Article 70(Special Cases concerning Construction of Urban or Gun Planning Facilities) #

(1) In the Saemangeum Project Area, business affairs performed by a Mayor/Do Governor, a City/Do superintendent of education, and the head of a Si/Gun (including the business affairs concerning the areas over which the jurisdiction of local governments is not determined) shall be performed by the Administrator of SDIA according to the following. In such cases, "Mayor/Do Governor, City/Do superintendent of education, or head of a Si/Gun," shall be deemed as "the Administrator of SDIA," and "local government" shall be deemed as "SDIA" respectively: <Amended on Jun. 3, 2014; Aug. 11, 2015; Mar. 20, 2018; Feb. 18, 2020; Mar. 21, 2023; Aug. 8, 2023; Feb. 6, 2024; Oct. 22, 2024>

1. Business affairs concerning permission to produce high-pressure gas, reporting on facilities and improvement order, usage report, etc., under Articles 4, 10, and 20 of the High-Pressure Gas Safety Control Act;

2. Business affairs concerning the removal of derelict ships, etc., permission to occupy and use public waters, collection of occupancy or use fees, and management of public waters, under Articles 6, 8 through 14, 17 through 21, 55, 57, and 58 of the Public Waters Management and Reclamation Act;

3. Business affairs concerning the registration of, permission for, and reporting on tourism business, and the approval, etc. of plans for tourist accommodation business, under Articles 4, 5, 15, and 38 of the Tourism Promotion Act;

4. Business affairs concerning the formulation, etc. of local intelligent transportation system plans under Article 74 of the National Transport System Efficiency Act;

5. Business affairs concerning the installation, management, etc. of a utility tunnel under Article 44 of the National Land Planning and Utilization Act;

6. Business affairs concerning the formulation, etc. of local public transportation plans under Article 7 of the Act on the Support and Promotion of Utilization of Mass Transit System;

7. Business affairs concerning the approval of and reporting on plans for installation of urban gas supply facilities, reporting on installation of emergency supply facilities, submission of construction records, etc., supervision on construction works, temporary use of supply facilities, regular inspections and non-periodic inspections, orders to improve gas facilities, safety managers, reporting on and notification, etc. of violations, under Articles 11, 11-2, 14 through 17, 27, 29, 41, and 44-2 of the Urban Gas Business Act;

8. Business affairs concerning the formulation of and determination on plans for creation of urban parks, invalidation of determination on urban parks, establishment and management of urban parks, permission to occupy and use urban parks and the reinstatement thereof, restriction on activities in urban natural park areas, creation of greenbelts for specific causes, etc., under Articles 16, 16-2, 17, 19, 24, 25, 27, 37, and 38 of the Act on Urban Parks and Green Areas;

9. Business affairs concerning the installation, procedures and the like of art works at buildings under Article 9 of the Culture and Arts Promotion Act;

10. Business affairs concerning the protection, etc. of cultural heritage under the Act on Conservation and Utilization of Cultural Heritage, the Act on Conservation and Utilization of Natural Heritage, and the Act on Protection and Inspection of Buried Heritage;

11. Business affairs concerning the procedures for assigning registration numbers for registration of real estate under Article 49 of the Registration of Real Estate Act;

12. Business affairs concerning the permission for, reporting, etc. on felling standing timer, etc. under Article 36 of the Creation and Management of Forest Resources Act;

13. Business affairs concerning the confirmation and public notification of the standards for factory sites, approval for establishment, etc. of factories, consultation on the legal fiction of authorization, permission, etc., permission to construct factories and approval for use of factory buildings, approval for installation of manufacturing facilities, registration of factories, registration of factory buildings, consultation on establishment, etc. of factories, establishment of public service centers for the establishment of factories, and establishment, sale, etc. of knowledge industry centers, under Articles 9, 13, 13-2, 13-3, 13-5, 14, 14-2, 14-3, 15, 16, 16-2, 18, 19, 28-2, and 28-4 of the Industrial Cluster Development and Factory Establishment Act;

14. Business affairs concerning the permission for and reporting on conversion of mountainous districts, permission for and reporting on temporary use of mountainous districts, period for permission, etc. to convert mountainous districts, expenses incurred in creating forest replacement resources, approval for change of use, permission to collect earth or stone, reporting on collection of stone in stone collection complexes, prevention of disasters, reinstatement of converted mountainous districts, etc., and reinstatement, etc. of unlawfully converted mountainous districts, under Articles 14, 15, 15-2, 17, 19, 19-2, 21, 25, 27, 30, 37 through 40, 40-2, and 41 through 44 of the Mountainous Districts Management Act;

15. Business affairs concerning the reporting and permission on the installation of noise and vibration emission facilities, order for improvement, reporting on execution of an order, verification, etc., under Articles 8, 15, and 20 of the Noise and Vibration Control Act;

16. Business affairs concerning the maintenance, use, management, conservation, etc. of small rivers under the Small River Maintenance Act;

17. Business affairs concerning the licensing, registration, etc. of passenger transport business (limited to metropolitan bus and community shuttle bus transport business) under Article 4 of the Passenger Transport Service Act;

18. Business affairs concerning the reporting of acquisition and continuous possession of land by a foreigner, etc. under Articles 8 and 9 of the Act on Report on Real Estate Transactions;

19. Business affairs concerning the verification prior to the commencement of an information and communications construction project, pre-use inspection, and submission of the current status of pre-use inspection under Articles 36 and 72-2(3) of the Information and Communications Construction Business Act;

20. Business affairs concerning the installation, etc. of annexed parking lots under Article 19 of the Parking Lot Act;

21. Business affairs concerning the establishment, etc. of kindergartens, elementary schools, middle schools, and high schools, under subparagraph 5 of Article 20 and Article 32 of the Local Education Autonomy Act, and Articles 8 and 18 of the Early Childhood Education Act and Articles 4 and 6 of the Elementary and Secondary Education Act; provided, business affairs concerning the establishment, etc. of foreign educational institutions under Article 61 shall be excluded.

22. Duties regarding the public notification of the current status of a marker of survey control point, the examination, retention, and perusal of results of cadastral surveys, the restoration and perusal of the cadastral record, the issuance of an attested copy thereof, the use, etc. of cadastral computerized data, the management and administration of comprehensive real estate records, the application for new registration of land, the registration conversion, partition, annexation, and change of land category, and the cancellation of registration, dimensional changes, the amendment of matters registered in the cadastral record, the allocation of a new parcel number following a reorganization of administrative area, the subrogation of application, the adjustment of landowners, the entrustment of registration, the notice of cadastral adjustments, etc., reporting and inspection, and fees, etc., under Articles 8(4) and (5), 25, 27, 64, 66, 69, 74 through 76, 76-2 through 76-5, 77 through 85, 87 through 90, 99, and 106 of the Act on the Establishment and Management of Spatial Data;

23. Business affairs concerning the reporting on facilities subject to the control of soil contamination, soil contamination inspection, orders issued to persons installing specific facilities subject to the control of soil contamination, reports and inspection, etc., under Articles 12 through 14 and 26-2 of the Soil Environment Conservation Act;

24. Business affairs concerning the reporting on commercial wastes, reports and inspection, orders to take action for treatment of wastes, presentation of opinion, etc., under Articles 17, 39, 48, and 48-2 of the Wastes Control Act;

25. Business affairs concerning the access to other persons' land, compensation for damage, restriction on use, installation of hazard-prevention facilities, permission to occupy and use, bearing and apportionment of expenses, charges for burden-causing entities, etc., under Articles 8, 9, 22 through 24, 57, 58, and 61 of the Sewerage Act;

26. Business affairs concerning the designation, management, use, conservation, etc. of rivers under the River Act;

27. Business affairs concerning collecting opinions of residents, etc. under Article 25 of the Environmental Impact Assessment Act.

(2) Matters that are prescribed by municipal ordinance of a local government may be separately determined and publicly notified by the Administrator of SDIA in performing business affairs pursuant to paragraph (1), in consideration of the characteristics of the Saemangeum Project Area. In such cases, public notification of the Administrator of SDIA shall be deemed a municipal ordinance of the relevant local government in the Saemangeum Project Area. <Amended on Aug. 11, 2015>

(3) When the Administrator of SDIA performs business affairs of a Mayor/Do Governor, a City/Do superintendent of education, or the head of a Si/Gun pursuant to paragraph (1), he or she shall inform the relevant Mayor/Do Governor, relevant City/Do superintendent of education, or the head of the relevant Si/Gun, of the details of such business affairs. <Added on Aug. 11, 2015>

(4) Notwithstanding the provisions of relevant statutes and regulations, committees necessary to perform the business affairs specified in subparagraphs of paragraph (1) (hereafter referred to as "related committees" in this paragraph) may be established in the SDIA. In such cases, matters necessary for organizing and operating the related committees, matters subject to deliberation thereby, etc., shall be prescribed by Presidential Decree. <Added on Aug. 11, 2015>

Article 71(Special Cases concerning the Building Act and the Framework Act on Building) #

(1) In applying the Building Act and the Framework Act on Building in the Saemangeum Project Area, business affairs performed by the relevant Mayor/Do Governor or head of a Si/Gun/Gu shall be performed by the Administrator of SDIA pursuant to the same statutes. <Amended on Aug. 11, 2015; Jun. 9, 2020>

(2) Where the Administrator of SDIA performs the business affairs of a Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to paragraph (1), he or she shall inform the relevant Mayor/Do Governor or head of a Si/Gun/Gu of the details thereof. <Amended on Aug. 11, 2015>

(3) Notwithstanding the provisions of the Building Act, business affairs performed by the Administrator of SDIA under paragraph (1) shall undergo inspection and deliberation by a building committee established in the SDIA. <Amended on Aug. 11, 2015>

(4) Matters necessary for the organization and operation of the building committee under paragraph (3) and matters to be deliberated, etc. thereby, shall be prescribed by Presidential Decree.

(5) All or part of the matters prescribed by a municipal ordinance of the relevant local government pursuant to the Building Act and subordinate statutes and regulations and the Framework Act on Building and subordinate statutes and regulations may be separately determined and publicly notified by the Administrator of SDIA, in consideration of the characteristics of the Saemangeum Project. In such cases, public notification of the Administrator of SDIA shall be deemed a municipal ordinance of the relevant local government in the Saemangeum Project Area. <Amended on Aug. 11, 2015>

(6) The Administrator of SDIA may separately determine, in accordance with the standards prescribed by Presidential Decree taking into account the characteristics of the Saemangeum Project, and publicly notify the matters prescribed to be determined by Presidential Decree under Articles 5(1), 6, 8 and 12(1), the proviso to Article 19(3), Articles 19(6) and 20(2)3, (3) and (4), the proviso to Article 42(1), Articles 43(1), 43(2) and 59(1)2 and (2), the proviso of Article 60(1), Articles 61(1), 61(2), 61(3), Articles 61(3)8 and 69(1)1b and 2b and c, subparagraphs 2 and 3 of Article 70, the latter part of Article 71(1)4, Article 71(1)7 and (5), the former part of Article 71(7), and the former part of Article 72(5) of the Building Act. <Added on Dec. 2, 2016>

Article 75(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:

1. A person who deviates from the scope of work permitted for each kind of medical personnel, in violation of Article 62(6);

2. A person who prepares or sells medications to a Korean national not issued a prescription from a foreign medical institution, in violation of Article 62(7).

(2) A person who violates Article 36-20 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. In such cases, imprisonment with labor and a fine may be imposed concurrently. <Added on Mar. 20, 2018>

(3) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Mar. 23, 2013; Mar. 20, 2018; Feb. 18, 2020>

1. A person who constructs buildings, etc. without obtaining permission or permission for alteration under Article 13(1), or who obtains permission or permission for alteration by improper means;

2. A person who fails to undergo a construction completion inspection under Article 20(1) or uses land or a building without obtaining permission for use before completion of construction under paragraph (4) of the same Article;

3. A person who supplies undeveloped land without obtaining approval of a supply plan for undeveloped land pursuant to Article 22(1) or obtains approval of the supply plan by improper means;

4. A person who obtains approval of a foreign educational institution by fraud or other wrongful means, in violation of Article 61(1);

5. A person who recruits students without obtaining approval from the Minister of Education or superintendent of education, in violation of Article 61(1) or (2), or operates an institution as an actual school using the name of a school.

(4) A person who violates Article 36-16 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Mar. 20, 2018>

(5) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Dec. 2, 2016; Mar. 20, 2018; Jan. 29, 2020>

1. A person who violates a disposition or order under Article 8-2(1) (limited to a disposition or order issued for the reasons falling under any of subparagraphs 1 and 5 through 8 of the same paragraph);

2. A person who fails to report or submit data under Article 28(1), or makes a false report or submits false data;

3. A person who fails to attach a mark of a foreigner-only pharmacy in violation of Article 62(8).

SPECIAL ACT ON PROMOTION AND SUPPORT FOR SAEMANGEUM PROJECT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to Other Statutes) #

Article 4(Relationship to Other Plans) #

Article 5(Responsibilities of the State and Local Governments) #

Article 6(Formulation of Master Plans) #

Article 7(Formulation of Installation Plans for Inter-Regional Infrastructure) #

Article 8(Designation of Project Implementers) #

Article 8-2(Revocation of Designation of Development Project Implementers and Substitute Designation) #

Article 8-3(Orders to Sell Land and Reclamation License) #

Article 9(Approving Development Plans by Land Use) #

Article 10(Effects of Approving Development Plans) #

Article 11(Approving Development Implementation Plans by Land Use) #

Article 11-2(Approving Integrated Development Plan for Specific Uses) #

Article 11-3(Establishment of Integrated the Committee for Deliberation on Development of Saemangeum) #

Article 11-4(Procedures for Deliberation by the Integrated Deliberation Committee) #

Article 11-5(Designation of Saemangeum Investment Promotion Zones) #

Article 11-6(Cancellation of Designation of Investment Promotion Zones) #

Article 12(Implementation of Projects) #

Article 12-2(Overall Control and Management of Saemangeum Project) #

Article 13(Restrictions on Acts) #

Article 14(Special Cases concerning the Public Waters Management and Reclamation Act) #

Article 15(Entry into Other Person’s Land) #

Article 16(Compensation for Losses) #

Article 17(Authorization and Permission Deemed Granted under Other Statutes) #

Article 18(Expropriation and Use of Land) #

Article 19(Installation of Infrastructure) #

Article 20(Completion Inspections) #

Article 21(Public Announcement of Completion of Construction) #

Article 22(Supply of Created Land) #

Article 23(Advance Payment) #

Article 24(Reserving of Public Land) #

Article 25(Transfer of Jurisdiction of Public Facilities) #

Article 26(Restrictions on Disposal of State-Owned or Public Land) #

Article 27 #

Article 28(Report and Inspection) #

Article 28-2(Application Mutatis Mutandis to Projects outside Saemangeum Project Area) #

Article 29(Environmental Management of Saemangeum Project Area) #

Article 30(Annual Investment Plans to Reduce Water Quality Pollution) #

Article 31(Imposition of Water Use Charges) #

Article 32(Designation and Management of Areas in Which Sources of Water Quality Pollution Exist) #

Article 33(Establishment and Operation of Saemangeum Committee) #

Article 33-2(Establishment of the Saemangeum Project Support Bureau) #

Article 34(Establishment of the Saemangeum Development and Investment Agency) #

Article 35(Affairs of Administrator of SDIA) #

Article 36(Requests for Dispatch of Executive Officers and Employees) #

Article 36-2(Establishment) #

Article 36-3(Juristic Personality and Office) #

Article 36-4(Capital and Investment) #

Article 36-5(Redemption of Property Invested in Kind) #

Article 36-6(Registration) #

Article 36-7(Articles of Incorporation) #

Article 36-8(Appointment of Agent) #

Article 36-9(Business Activities) #

Article 36-10(Funding) #

Article 36-11(Issuance of Bonds and Debentures) #

Article 36-12(Treatment of Profits and Losses) #

Article 36-13(Supply of Land) #

Article 36-14(Payment of Land Price in Installments) #

Article 36-15(Prohibition of Use of Similar Names) #

Article 36-16(Duty of Confidentiality) #

Article 36-17(Supervision) #

Article 36-18(Request for Documents) #

Article 36-19(Legal Fiction as Public Officials in Application of Penalty Provisions) #

Article 36-20(Prohibition of Use of Undisclosed Information) #

Article 36-21(Relationship to Other Statutes) #

Article 37(Establishment of Special Account) #

Article 38(Revenue and Expenditure from Account) #

Article 39(Transfer from General Accounts and Other Special Accounts) #

Article 40(Loans) #

Article 41(Reserve Fund) #

Article 42(Carry-Over of Expenditure Budget) #

Article 43(Handling Surpluses) #

Article 44(Reduction of or Exemption from Charges) #

Article 45(Disbursement of Subsidies) #

Article 45-2(Financial Support) #

Article 46(Special Cases concerning Use Permission for Land and Buildings) #

Article 47(Special Cases concerning Installation and Use of Sports Facilities) #

Article 48(Support for Private Investment Promotion Projects) #