Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Act on the Use and Management of Reclaimed Land for Agriculture and Fisheries (hereinafter referred to as the "Act") and matters necessary for the enforcement thereof. <Amended on Sep. 24, 2014>
Article 2(Purpose of reclaimed land utilization projects) #
"Purposes prescribed by Presidential Decree, such as complexes for the production, processing, storage, and distribution of agricultural products, livestock products, fishery products, and forest products prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs" in subparagraph 3 of Article 2 of the Act means any of the following: <Amended on Sep. 24, 2014; Jul. 4, 2022>
1. Use as a production complex for agricultural products, etc. (referring to agricultural products, livestock products, fishery products, and forest products prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs under subparagraph 3 of Article 2 of the Act; hereinafter the same shall apply);
2. Use as a processing complex for agricultural products, etc.;
3. Use as a storage complex for agricultural products, etc.;
4. Use as a distribution facility complex for agricultural products, etc.;
5. Use as facilities related to the horse industry under subparagraph 1 of Article 2 of the Horse Industry Promotion Act;
6. Use as testing, research, and education and training facilities necessary for the purposes under subparagraphs 1 through 5;
7. Use for rural tourism and resort business under subparagraph 16 of Article 2 of the Agricultural and Fishing Villages Improvement Act (hereinafter referred to as "rural tourism and resort business") utilizing facilities, etc. installed according to the purposes under subparagraphs 1 through 6.
Article 3(Formulation of comprehensive plans for agricultural and fishery use of reclaimed land) #
"Other matters prescribed by Presidential Decree" in Article 5(2)8 of the Act means the following matters:
1. Matters concerning the installation of infrastructure, such as electricity, telecommunications, gas, and district heating facilities;
2. Matters concerning measures for coordinated development with other regions;
3. Matters concerning relevance to other development plans.
[Title Amended on Sep. 24, 2014]
Article 4(Minor changes to comprehensive plans) #
"Minor matters prescribed by Presidential Decree" in the proviso to Article 5(3) of the Act means any of the following: <Amended on Sep. 24, 2014>
1. Where the method of implementing a project is changed within the scope that does not alter the basic direction of agricultural and fishery use for each reclaimed land;
2. Where the area by use for agricultural and fishery use is changed within the limit of 10/100;
3. Where a major project plan finalized under other statutes is reflected in the comprehensive plan for agricultural and fishery use of reclaimed land under Article 5(1) of the Act, and such content is subsequently reflected following the change or abolition of the project plan.
Article 5(Formulation of implementation plans) #
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate an implementation plan for the agricultural and fishery use of reclaimed land under Article 5(5) of the Act (hereinafter referred to as the "implementation plan") by January 31 of each year. <Amended on Mar. 23, 2013; Sep. 24, 2014>
(2) If the Minister of Agriculture, Food and Rural Affairs formulates an implementation plan, the Minister shall finalize it after deliberation by the Reclaimed Land Management Committee under Article 7 of the Act (hereinafter referred to as the "Reclaimed Land Management Committee"). <Amended on Mar. 23, 2013>
(3) When the Minister of Agriculture, Food and Rural Affairs has formulated an implementation plan, he or she shall notify the heads of relevant central administrative agencies and the heads of local governments thereof. <Amended on Mar. 23, 2013>
Article 6(Composition and operation of Reclaimed Land Management Committee) #
(1) Members of the Reclaimed Land Management Committee (hereinafter referred to as "members") shall be the following persons; provided, the term of office for members under subparagraphs 3 through 7 shall be 2 years. <Amended on Mar. 23, 2013; Sep. 24, 2014; Feb. 28, 2017>
1. A person designated by the Minister of Agriculture, Food and Rural Affairs from among general service public officials in the Senior Executive Service of the Ministry of Agriculture, Food and Rural Affairs who are in charge of reclaimed land management;
1-2. A person designated by the Minister of Oceans and Fisheries from among general service public officials in the Senior Executive Service of the Ministry of Oceans and Fisheries who are in charge of fishery-related affairs;
2. A person designated by the Administrator of the Rural Development Administration from among general service public officials in the Senior Executive Service of the Rural Development Administration who are in charge of reclaimed land-related affairs;
3. A person commissioned by the Minister of Agriculture, Food and Rural Affairs upon recommendation by the President of the Korea Rural Community Corporation from among the executives and employees of the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act;
4. A person commissioned by the Minister of Agriculture, Food and Rural Affairs upon recommendation by the President of the Korea Agro-Fisheries and Food Trade Corporation from among the executives and employees of the Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act;
5. Up to 3 persons commissioned by the Minister of Agriculture, Food and Rural Affairs from among the representatives of agricultural or fishery corporations;
6. Up to 4 persons commissioned by the Minister of Agriculture, Food and Rural Affairs from among experts in agriculture or fisheries;
7. Up to 2 experts with extensive knowledge and experience in fields related to urban or Gun management plans, such as land use or the agriculture and forestry sectors, commissioned by the Minister of Agriculture, Food and Rural Affairs.
(2) The chairperson of the Reclaimed Land Management Committee (hereafter in this Article referred to as the "chairperson") shall represent the Reclaimed Land Management Committee and have general supervision and control of its business affairs.
Article 6-2(Dismissal and removal of members) #
The Minister of Agriculture, Food and Rural Affairs may dismiss or remove a member where the member falls under any of the following subparagraphs:
1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where the member engages in any misconduct in relation to his or her duties;
3. Where the member is deemed unfit as a member due to neglect of duties, injury to dignity, or other grounds;
4. Where the member fails to recuse himself or herself despite falling under any subparagraph of Article 7(1);
5. Where the member expresses that it is impracticable for him or her to perform his or her duties.
[This Article Added on Feb. 28, 2017]
Article 7(Exclusion, challenge, and recusal of members) #
(1) A member shall be excluded from the deliberation and resolution of the Reclaimed Land Management Committee on the following matters:
1. Matters in which the member, the member's relative, or a person who was the member's relative has an interest;
2. Matters in which an agency or organization to which a person under subparagraph 1 has belonged within the past 2 years has an interest;
3. Matters in which the member has testified, made a statement, or conducted an expert witness evaluation, or has been involved as an agent;
4. Matters in which the member or a public institution, corporation, or organization to which the member belongs is providing support, such as advice.
(2) A person who has a direct interest in matters subject to deliberation and resolution by the Reclaimed Land Management Committee may file a request with the Reclaimed Land Management Committee for a challenge to a member where there are circumstances making it difficult to expect a fair deliberation and resolution from such member, and the Reclaimed Land Management Committee shall determine such request by resolution. In such cases, the member subject to the request for challenge shall not participate in the resolution.
(3) Where a member falls under any of the grounds for exclusion under the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and resolution of the relevant agenda, and where paragraph (2) applies, he or she may recuse himself or herself from deliberation and resolution.
Article 8(Contents of reclaimed land utilization project plans) #
"Matters prescribed by Presidential Decree" in Article 8(1)10 of the Act means the following matters; provided, if no such matters exist, they shall be excluded: <Amended on Sep. 24, 2014>
1. A plan for matters requiring a determination of an urban or Gun management plan under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act;
2. Matters concerning the execution of small river works under Article 10 of the Small River Maintenance Act;
3. A plan for the acquisition and use of land, objects, and rights under the Act on Acquisition of and Compensation for Land for Public Works Projects;
4. Documents required for reviewing the impact of disasters caused by administrative plans under Article 4 of the Countermeasures against Natural Disasters Act;
5. Matters concerning the topography of a reclaimed land utilization project zone (which shall be prepared including a location map with a scale of at least 1:25,000 and a topographical map under Article 8(2) of the Framework Act on the Regulation of Land Use);
6. Measures to revitalize the local economy, such as the participation of local residents to increase non-agricultural or non-fishery income;
7. Matters concerning the management of infrastructure and public facilities necessary for the agricultural and fishery use of reclaimed land.
Article 9(Public notice of designation of reclaimed land utilization project zones) #
(1) When the Minister of Agriculture, Food and Rural Affairs designates a reclaimed land utilization project zone under Article 8(1) of the Act, he or she shall publicly notify the following matters (in cases of a modified designation, the modified matters) in the Official Gazette: <Amended on Mar. 23, 2013>
1. The name, location and area of the reclaimed land utilization project zone;
2. An outline of the reclaimed land utilization project plan (hereinafter referred to as the "project plan") under Article 8(1) of the Act;
3. The person who implements the reclaimed land utilization project (hereinafter referred to as the "project implementer");
4. Details of land, objects, and rights to be acquired or used under the Act on Acquisition of and Compensation for Land for Public Works Projects (limited to cases where applicable);
5. A location map with a scale of at least 1:25,000 and a topographical map under Article 8(2) of the Framework Act on the Regulation of Land Use.
(2) Where any matter falling under subparagraph 4 exists among the matters publicly notified pursuant to paragraph (1), the Minister of Agriculture, Food and Rural Affairs shall notify the project implementer, landowners, and other persons holding relevant rights of such fact without delay. <Amended on Mar. 23, 2013>
Article 10(Minor changes to reclaimed land utilization project zone) #
"Minor matters prescribed by Presidential Decree" in the proviso of Article 8(4) of the Act means any of the following:
1. Reduction of the area of a reclaimed land utilization project zone;
2. Expansion of the area of a reclaimed land utilization project zone (limited to expansion within 10 percent).
Article 11(Hearing of residents' opinions) #
(1) Where the Minister of Agriculture, Food and Rural Affairs intends to hold a public hearing regarding the designation of a reclaimed land utilization project zone under Article 9 of the Act, the Minister shall, at least 30 days prior to the scheduled date of the public hearing, publicly announce the following matters on the website of the Ministry of Agriculture, Food and Rural Affairs and in at least 2 daily newspapers distributed nationwide or primarily in the relevant region, and make relevant documents available for public inspection: <Amended on Mar. 23, 2013>
1. The purpose of the public hearing;
2. Scheduled date, time, and venue of the public hearing;
3. Outline of the proposed reclaimed land utilization project plan;
4. Matters concerning applications for presenting opinions;
5. Other matters necessary for holding the public hearing.
(2) Any person who has an opinion regarding the designation of a reclaimed land utilization project zone may submit such opinion to the Minister of Agriculture, Food and Rural Affairs from the date the inspection begins under paragraph (1) until 5 days after the conclusion of the public hearing. <Amended on Mar. 23, 2013>
Article 12(Public notice of revocation of designation of reclaimed land utilization project zones) #
When the Minister of Agriculture, Food and Rural Affairs revokes the designation of a reclaimed land utilization project zone under Article 10(1) of the Act, the Minister shall publicly notify the following matters in the Official Gazette: <Amended on Mar. 23, 2013>
1. Name, location, and area of the reclaimed land utilization project zone for which designation is revoked;
2. Dates of designation and revocation of the reclaimed land utilization project zone;
3. Grounds for the revocation of designation.
Article 13(Designation of reclaimed land utilization project implementers) #
"Private enterprise that meets the requirements for capital, etc. prescribed by Presidential Decree" in Article 11(1)6 of the Act means an agricultural or fishery corporation whose capital is at least 80 percent of the annual average project cost (excluding compensation costs) according to the annual investment plan under Article 8(1)6 of the Act. <Amended on Sep. 24, 2014; Dec. 9, 2014>
Article 14(Application for approval of implementation plans) #
(1) A person designated as a project implementer under the proviso of Article 11(1) of the Act shall establish a reclaimed land utilization project implementation plan (hereinafter referred to as "implementation plan") and apply for approval to the Minister of Agriculture, Food and Rural Affairs within 2 years from the date the reclaimed land utilization project zone is publicly notified; provided, this shall not apply where the project implementer requests an extension of the application period for unavoidable reasons and the Minister of Agriculture, Food and Rural Affairs recognizes such reasons. <Amended on Mar. 23, 2013>
(2) Where a local government, which is a project implementer, entrusts all or part of a reclaimed land utilization project under Article 11(2) of the Act, it shall notify the Minister of Agriculture, Food and Rural Affairs of such fact. <Amended on Dec. 9, 2014>
(3) "Other matters prescribed by Presidential Decree" in Article 12(2)8 of the Act means the following matters; provided, where no such matters exist, they shall be excluded: <Amended on Sep. 24, 2014>
1. Matters concerning the installation, relocation, demolition, reversion, transfer, or donation of infrastructure and public facilities necessary for the agricultural and fishery use of reclaimed land;
2. Detailed descriptions of land, objects, and rights to be acquired or used under the Act on Acquisition of and Compensation for Land for Public Works Projects (including names and addresses of landowners or persons holding the relevant rights);
3. Documents necessary for reviewing the impact of disasters caused by development projects under Article 4 of the Countermeasures against Natural Disasters Act;
4. Environmental impact assessment reports under Article 27(2) of the Environmental Impact Assessment Act;
5. Other matters necessary for consultation with the heads of relevant administrative agencies (including related documents).
(4) "Minor matters prescribed by Presidential Decree" in the proviso of Article 12(5) of the Act means the following:
1. Changes to the name and address of the project implementer;
2. Changes to the name of the reclaimed land utilization project;
3. Changes within 10/100 of the total project cost specified in the implementation plan approved under Article 12(1) of the Act (including implementation plans whose modification is approved);
Article 15(Restrictions on acts) #
(1) "Acts prescribed by Presidential Decree" in the former part of Article 13(1) of the Act means the following acts; provided, minor acts under Article 56(4)3 of the National Land Planning and Utilization Act shall be excluded: <Amended on Jul. 2, 2019>
1. Construction of a building: the construction, substantial repair, or alteration of purpose of use of a building (including a temporary building) under Article 2(1)2 of the Building Act;
2. Installation of structures: the installation of artificially constructed facilities (excluding buildings, including temporary buildings, under Article 2(1)2 of the Building Act);
3. Alteration of the form and quality of land: Acts of changing the shape of land by such methods as cutting, embanking, leveling, or paving, excavation of land, or reclamation of public waters (excluding cases for cultivation);
4. Extraction of soil, stone, gravel, or sand (excluding cases that do not impair the purpose of designating the reclaimed land utilization project zone or the natural landscape);
5. Subdivision of land;
6. Piling up of objects: Piling up objects that are difficult to move for at least 1 month (excluding cases where objects are piled up on a site within a reclaimed land utilization project zone determined not to be developed);
7. Deleted; <Feb. 28, 2017>
8. Planting and felling of bamboo and trees (excluding temporary planting of ornamental bamboo and trees in cultivated land).
(2) "Acts prescribed by Presidential Decree" in Article 13(2) of the Act means the construction (excluding substantial repair or change of use) of a building among those under paragraph (1)1, the total floor area of which is at least 500 square meters.
(3) "Acts prescribed by Presidential Decree" in Article 13(3) of the Act means any of the following acts:
1. Taking emergency measures necessary for disaster relief or disaster recovery;
2. Implementation of functional restoration projects under subparagraph 6 of Article 3 of the Regulations on Standards for Bearing Costs for Disaster Relief and Disaster Recovery; provided, acts subject to permission for development acts under Article 56 of the National Land Planning and Utilization Act shall be excluded.
(4) A person who intends to file a report under Article 13(4) of the Act shall report the progress of the relevant construction or project and the implementation plan to the competent head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply).
Article 16(Special cases concerning the National Land Planning and Utilization Act) #
Where the Minister of Agriculture, Food and Rural Affairs intends to determine matters differently from restrictions on construction, etc. under Article 76 of the National Land Planning and Utilization Act regarding the installation of facilities in the subparagraphs of Article 2 under Article 17 of the Act, the Minister shall include measures to install water pollution reduction facilities, such as sewage treatment facilities, in the relevant project plan. <Amended on Mar. 23, 2013>
Article 17(Timing for installation of infrastructure) #
(1) A project implementer who has obtained approval for an implementation plan under Article 12(1) of the Act shall notify electricity, telecommunications, gas, and heating suppliers in the relevant area of such fact.
(2) The timing for the installation of electricity, telecommunications, gas, and heating facilities under Article 20(2) of the Act shall be within the project implementation period specified in the implementation plan; provided, where an electricity, telecommunications, gas, or heating supplier in the relevant area has a good cause that makes completion within the project implementation period specified in the implementation plan difficult and determines a different timing for installation through consultation with the project implementer, such different timing shall apply.
(3) The scope of installation for each type of electricity, telecommunications, gas, and district heating facilities under Article 20(1) of the Act shall be as follows:
1. Electricity facilities: Electricity facilities from the main electricity facilities outside a reclaimed land utilization project zone to the boundary of an individual parcel of land (hereafter in this paragraph referred to as "individual parcel") abutting a road with a width of at least 6 meters within the reclaimed land utilization project zone or a road determined as a road zone under the Road Act;
2. Telecommunications facilities: Conduit facilities from trunk telecommunications facilities located outside the reclaimed land utilization project zone up to the boundary of an individual parcel within the reclaimed land utilization project zone, and cable facilities up to the first terminal;
3. Gas facilities: Gas supply facilities from trunk gas supply facilities located outside the reclaimed land utilization project zone up to the boundary of an individual parcel within the reclaimed land utilization project zone; provided, if a pressure regulating station is installed on an individual parcel within the reclaimed land utilization project zone, such gas supply facilities shall extend up to the pressure regulating station;
4. District heating facilities: Heat transport pipes from the branch point of trunk heat pipelines located outside the reclaimed land utilization project zone up to the shut-off valve at the entrance of each mechanical room of an individual parcel within the reclaimed land utilization project zone.
Article 18(Completion inspection) #
(1) A project implementer who intends to undergo a completion inspection under Article 21(1) of the Act shall submit an application for completion inspection prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, along with the following documents, to the Minister of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013>
1. A completion report (including as-built design documents and completion photographs);
2. A cadastral survey result map;
3. A report on area by use of land, and the floor plan;
4. A report of the devolving of public facilities, etc. and drawings thereof;
5. A comparative table of old and new cadastres;
6. A detailed statement of total project costs;
7. Documents necessary for consultation with the heads of relevant administrative agencies under the latter part of Article 21(3) of the Act.
(2) If the Minister of Agriculture, Food and Rural Affairs conducts a completion inspection pursuant to the former part of Article 21(2) of the Act, he or she may, where deemed necessary for efficient inspection, request a public institution, research institution, or other specialized institution or organization to review whether the construction works have been carried out in accordance with the approved implementation plan. <Amended on Mar. 23, 2013>
(3) Public announcement of completion of construction works under the former part of Article 21(2) of the Act shall be made by publishing the following matters in a daily newspaper distributed nationwide or mainly in the relevant area and on the website of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013>
1. The name of the reclaimed land utilization project;
2. Name and address of the project implementer;
3. The location of the project site of the reclaimed land utilization project;
4. The area of the project site of the reclaimed land utilization project and the area by use;
5. Date of completion of the construction works.
Article 19(Purposes of developed land) #
A project implementer [including a management agency where the project implementer entrusts business affairs concerning leasing or sale to a management agency under Article 23 of the Act (hereinafter referred to as "management agency"); hereafter the same shall apply in Articles 20, 21, 23, and 24] shall ensure that land or buildings developed through a reclaimed land utilization project are used, leased, or sold in accordance with the purposes under the subparagraphs of Article 2.
Article 20(Procedures and methods for leasing or selling developed land) #
(1) Where a project implementer intends to lease or sell land or buildings developed through a reclaimed land utilization project, it shall be done by competitive bidding; provided, in any of the following cases, they may be supplied by a negotiated contract: <Amended on Sep. 24, 2014>
1. Where no bidder succeeds in competitive bidding at least twice;
2. Where the land or buildings are used for testing or research projects for the development of agricultural or fisheries technology;
3. Where a head of a Si/Gun/Gu or the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter referred to as "Korea Rural Community Corporation") uses them for the purpose of rural tourism or resort business;
4. Where supply by negotiated contract is permitted under relevant statutes or regulations.
(2) Where a project implementer intends to lease or sell land or buildings developed through a reclaimed land utilization project, the project implementer shall publicly announce the following matters at least 10 days prior to the application deadline (5 days prior in cases of emergency or re-announcement); provided, this shall not apply where they are supplied by a negotiated contract under the proviso of paragraph (1) and the persons eligible for leasing or sale are limited:
1. The name and address of the project implementer and the name of its representative;
2. The location, area, and purpose of the land or buildings developed through the reclaimed land utilization project (including details of any prohibitions or restrictions on use, if any);
3. The timing, method, and conditions of lease or sale;
4. The estimated rent or estimated sale price and the method of determining the successful bidder (limited to cases of competitive bidding);
5. The application period and place for lease or sale;
6. Matters concerning the eligibility of applicants for lease or sale under Article 21;
7. Documents to be prepared when applying for a bid.
(3) A project implementer may preferentially lease up to 10/100 of land or buildings developed through a reclaimed land utilization project to an agricultural or fishery corporation composed of at least 1/2 of, or at least 10, farmers or fishers who have suffered damage from the relevant reclamation project pursuant to Article 22(3) of the Act. <Amended on Sep. 24, 2014>
Article 21(Eligibility for leasing or purchasing developed land) #
(1) Where a project implementer intends to lease or sell land or buildings developed through a reclaimed land utilization project in accordance with the disposition plan specified in the implementation plan, the project implementer shall lease or sell them to persons who fall under any of the following subparagraphs: <Amended on Sep. 24, 2014; Dec. 22, 2015; Jun. 27, 2017; Jul. 4, 2022>
1. Persons eligible for leasing:
a. An agricultural or fishery corporation located in the Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) where the relevant land or building is located;
b. A local government;
c. The Korea Rural Community Corporation;
d. An agricultural cooperative, the National Federation, and NongHyup Agribusinss Group incorporated under the Agricultural Cooperatives Act;
e. A cooperative and the National Federation under the Fisheries Cooperatives Act;
f. A cooperative or the National Federation under the Forestry Cooperatives Act;
g. An agricultural or fishery corporation consisting of farmers or fishers who have suffered damage due to the implementation of the relevant reclamation project;
2. Persons eligible for purchase:
a. Successor farmers or successor fishers under Article 8(1) of the Act on Fostering of and Support for Next Generation Farmers or Fishers and Young Farmers or Fishers, full-time farmers under Article 26 of the Framework Act on Agriculture and Fisheries, Rural Community, and Food Industry, and full-time fishers under Article 17 of the Framework Act on Fisheries and Fishing Villages Development;
b. An agricultural or fishery corporation located in the Si/Gun/Gu where the relevant land or building is located;
c. A person who is a person of distinguished service to the State or a bereaved family member thereof under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and who has continuously resided for at least 3 years in the Si/Gun/Gu where the relevant land or building is located;
d. A person recommended by the head of a Si/Gun/Gu having jurisdiction over the location of the relevant land or building because measures for resettlement are necessary due to the implementation of a public works project;
Article 22(Collection of assessments) #
(1) Assessments under Article 23(3) of the Act shall be collected based on the degree of benefit derived from using shared facilities; provided, when it is difficult to calculate the degree of such benefit, the entire cost shall be collected in accordance with a cost-sharing ratio calculated by considering the land area, total floor area of buildings, the number of employees, etc.
(2) A management agency may collect assessments under Article 23(3) of the Act on a monthly or quarterly basis, depending on the operational status of the land or buildings developed through a reclaimed land utilization project.
Article 23(Lease period of developed land) #
(1) The lease period for land or buildings developed through a reclaimed land utilization project shall be not more than 5 years (30 years in the case of land for the construction of permanent facilities for the purpose of production, processing, storage, or distribution of agricultural products, etc.). <Amended on Sep. 24, 2014; Jul. 4, 2022>
(2) Where a project implementer deems it necessary to maintain a contract before the expiration of the lease period under paragraph (1), the project implementer may renew the lease with the approval of the Minister of Agriculture, Food and Rural Affairs. In such cases, the lease period for the land (including land for the construction of permanent facilities) or buildings shall not exceed 5 years for each renewal. <Amended on Mar. 23, 2013>
(3) The lease area of land or buildings developed through a reclaimed land utilization project may be restricted as determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs, in consideration of the lessee's ability to pay rent. <Amended on Mar. 23, 2013>
(4) A project implementer may reduce the rent and late payment interest for land or buildings leased for cultivation purposes among the land or buildings developed through a reclaimed land utilization project, where damage of at least 30 percent occurs to crops due to a natural disaster under the Countermeasures against Natural Disasters Act. In such cases, the calculation of the damage rate and the reduction or exemption of rent and late payment interest shall be in accordance with the methods and standards determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 24(Processing of remaining business affairs after termination of lease) #
(1) "Business affairs prescribed by Presidential Decree, such as the processing of remaining business affairs" in Article 25(2) of the Act means business affairs concerning the production, processing, storage, or distribution of agricultural products, etc., for which contracts have already been concluded at the time the lease is terminated, and incidental affairs related thereto. <Amended on Sep. 24, 2014; Jul. 4, 2022>
(2) A person whose lease has been terminated shall process the business affairs under paragraph (1) within 3 months; provided, when a project implementer extends the period for a specified duration due to unavoidable reasons, such business affairs may be processed until the end of such period.
Article 25(State support) #
(1) "Facilities prescribed by Presidential Decree" in Article 27(1)3 of the Act means basic environmental facilities, such as sewage systems or water pollution prevention facilities, which are incidental to facilities for the agricultural and fishery use and management of reclaimed land. <Amended on Sep. 24, 2014>
(2) "Projects prescribed by Presidential Decree" in Article 27(3)3 of the Act means projects for reducing distribution costs necessary for exporting agricultural products, etc. produced on reclaimed land, within the extent permitted by the Marrakesh Agreement Establishing the World Trade Organization. <Amended on Sep. 24, 2014; Jul. 4, 2022>
Article 26(Evaluation of operation of reclaimed land) #
(1) Where the Minister of Agriculture, Food and Rural Affairs intends to evaluate the agricultural and fishery use and management of reclaimed land for each reclaimed land area under Article 31(1) of the Act, the Minister shall establish an evaluation plan and notify the project implementer and the management agency thereof. <Amended on Mar. 23, 2013; Sep. 24, 2014>
(2) The project implementer and the management agency shall submit documents necessary for the evaluation referred to in paragraph (1) to the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) The Minister of Agriculture, Food and Rural Affairs shall conduct an evaluation in accordance with the evaluation plan referred to in paragraph (1) and notify the project implementer and the management agency of the results thereof. <Amended on Mar. 23, 2013>
(4) The criteria for evaluation under Article 31(3) of the Act shall be as follows: <Amended on Sep. 24, 2014>
1. Conformity with the basic direction for the agricultural and fishery use of each reclaimed land and the degree of achievement of goals;
2. Efficiency in the process of implementing a reclaimed land utilization project;
3. Appropriateness of the use, lease, or sale of land or buildings developed through a reclaimed land utilization project;
4. Appropriateness of the management of proceeds from the use, lease, or sale of land or buildings developed through a reclaimed land utilization project;
5. Appropriateness of the management of infrastructure and public facilities necessary for the agricultural and fishery use of reclaimed lands.
Article 27 #
Deleted. <Dec. 9, 2014>
Article 28(Public notice of administrative dispositions) #
The public notice under Article 34(3) of the Act shall include the following matters:
1. The name of the reclaimed land utilization project;
2. Name and address of the project implementer;
3. The location of the reclaimed land utilization project zone;
4. Details of the violation;
5. Details of the administrative disposition.
Article 29(Delegation and entrustment of authority) #
(1) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor under Article 36(1) of the Act; provided, this shall not apply where the project implementer is the State, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province: <Amended on Mar. 23, 2013; Sep. 24, 2014>
1. Approval of an implementation plan under the latter part of Article 12(1) of the Act;
2. Consultation with the heads of relevant administrative agencies under Article 12(3) of the Act;
3. Public notice and notification of the approval of an implementation plan under Article 12(4) of the Act;
4. Authority concerning approval of modification of an implementation plan under Article 12(5) of the Act;
5. Completion inspection under Article 21(1) of the Act;
6. Issuance of a certificate of completion inspection and public notice of completion of construction under the former part of Article 21(2) of the Act;
7. Consultation with the head of a relevant administrative agency under the latter part of Article 21(3) of the Act;
8. Approval of experimental fishery for aquaculture and consultation with the heads of relevant central administrative agencies under the proviso of Article 21-2(1) and paragraph (2) of that Article of the Act;
9. Administrative dispositions and public notice under Article 34(1) and (3) of the Act;
10. Hearings under subparagraphs 2 and 3 of Article 35 of the Act;
11. Imposition and collection of administrative fines under Article 40(2) of the Act (limited to violations under Article 40(1)1 and 2 of the Act).
(2) The Minister of Agriculture, Food and Rural Affairs shall delegate the business affairs of providing farming convenience under Article 26 of the Act to the Administrator of the Rural Development Administration under Article 36(1) of the Act. <Amended on Mar. 23, 2013>
Article 29-2 Deleted <Dec. 30, 2016>
Article 30(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 40(2) of the Act shall be as set forth in the Appendix.