ENFORCEMENT DECREE OF THE ACT ON REDEVELOPMENT OF HARBORS AND DEVELOPMENT OF THEIR ENVIRONS

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ENFORCEMENT DECREE OF THE ACT ON REDEVELOPMENT OF HARBORS AND DEVELOPMENT OF THEIR ENVIRONS — 법갈피

Article 11(Procedures for proposing and processing project plans) #

(1) A person who intends to propose the formulation or modification of a project plan under Article 11 (1) of the Act shall submit a proposal containing the details specified in the subparagraphs of Article 9 (3) of the Act to the Minister of Oceans and Fisheries.

(2) If a proposal submitted under paragraph (1) contains omissions or unclear details, the Minister of Oceans and Fisheries may request the proposer to supplement it within a specified period; and if such proposal is deemed to fall under any of the following categories, the Minister may return the proposal:

1. If the details of the proposal are not in compliance with statutes or regulations and the objectives of the harbor redevelopment project;

2. If the Minister of Oceans and Fisheries is formulating a project plan for the relevant area under Article 9 of the Act.

(3) If the Minister of Oceans and Fisheries does not return a proposal under paragraph (2), the Minister may request a research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes (hereafter in this Article referred to as "research institute") to review the proposal within 15 days from the date of receipt, in order to assess its feasibility.

(4) Upon receipt of a request for review under paragraph (3), a research institute shall submit its opinion on the relevant proposal to the Minister of Oceans and Fisheries within 60 days from the date of receipt of the request and may present its opinion different from the relevant proposal with respect to all conditions for implementing the project, such as the appropriate project cost and rate of return; provided, if the research institute requests the supplementation of materials to assess the feasibility of the proposal, the Minister may extend the review period.

(5) The Minister of Oceans and Fisheries shall notify the proposer of the results of processing the relevant proposal, such as whether to implement the project plan proposed under Article 11 (1) of the Act, within 30 days from the date of receipt of the review opinion from the research institute as prescribed in paragraph (4), except in extenuating circumstances.

(6) When the Minister of Oceans and Fisheries notifies the proposer of the decision to implement the relevant project plan under paragraph (5), the Minister shall publicly announce the details of the relevant proposal in the Official Gazette, in at least 2 daily newspapers, and on the website of the Ministry of Oceans and Fisheries so that a third party other than the proposer may make a proposal within a fixed application period of at least 90 days; provided, the Minister need not provide a public announcement in any of the following cases: <Amended on Dec. 21, 2021>

1. Where the proposer is a local government, which is included as the sole participant in the composition plan of the project developer under subparagraph 6 of Article 7;

2. Where the proposer is a local government and a person specified in Article 15 (1) 6 of the Act has already been selected or is determined to be selected through competition or by other means in the composition plan of the project developer under subparagraph 6 of Article 7;

3. Where the proposer is a port authority established under the Port Authority Act, which is included as the sole participant in the composition plan of the project developer under subparagraph 6 of Article 7 and owns at least 50/100 of the land area of the relevant project zone.

(7) If a proposal is submitted under paragraph (1), the Minister of Oceans and Fisheries must not disclose the details of the proposal against the will of the proposer from the date of receipt of the proposal until the date of the public announcement of the proposal details under paragraph (6); and in cases of public announcement under paragraph (6), the Minister must not publicly announce the details that infringe on the original proposer's interests, except for matters necessary for third party proposals.

(8) If the Minister of Oceans and Fisheries makes a public announcement under paragraph (6), the Minister may publicly announce all conditions for implementing the project, such as the appropriate project cost and rate of return, which are different from the relevant proposal details, and the original proposer may revise the details of the original proposal and resubmit it by the deadline specified in the public announcement.

(9) If a third party has submitted a proposal meeting the requirements under paragraph (1) by the deadline specified in the public announcement under the main clause, with the exception of the subparagraphs, of paragraph (6), the Minister of Oceans and Fisheries shall review and evaluate the original proposal (or the modified proposal, if submitted by the original proposer) and any third party's proposal and shall determine the negotiating parties and the order of negotiation priority based on the results of the evaluation of the proposal, unless there is a compelling reason not to do so; in such cases, the Minister may give additional points to the original proposer within the scope classified as follows:

1. If the original proposer does not submit a modified proposal: 10 percent of the total score;

2. If the Minister of Oceans and Fisheries makes a public announcement that includes details different from those proposed by the original proposer under paragraph (8) and the original proposer resubmits a modified proposal accordingly: 5 percent of the total score.

(10) If no other proposal is submitted by the deadline specified in the public announcement under paragraph (6), and if no public announcement is made under the proviso, with the exception of the subparagraphs, of that paragraph, the Minister of Oceans and Fisheries may designate any of the following persons as a negotiating party: <Amended on Dec. 21, 2021>

1. The original proposer;

2. A project developer specified in the composition plan for the project implementation under subparagraph 6 of Article 7, which is included in the proposal submitted by the original proposer.

(11) If the Minister of Oceans and Fisheries concludes an agreement that includes the conditions of the project implementation, such as the total project cost, and other relevant details, with the negotiating party designated under paragraph (9) or (10), the party shall be deemed to have been designated as the project developer.

(12) Except as provided in paragraphs (1) through (11), details necessary for evaluating proposals and concluding agreements with negotiating parties shall be determined and publicly notified by the Minister of Oceans and Fisheries.

Article 15(Restrictions on acts) #

(1) The acts requiring permission under Article 14 (1) of the Act shall be as follows: <Amended on Aug. 26, 2020; Jan. 10, 2023>

1. Construction of a building and other relevant acts: Construction, substantial repairs, or changes in use of a building defined in Article 2 (1) 2 of the Building Act (including temporary buildings);

2. Installation of an artificial structure: Installation of an artificially manufactured structure (excluding buildings defined in Article 2 (1) 2 of the Building Act);

3. Altering of the shape and quality of land: An act of altering the shape of a parcel of land by methods such as cutting, filling, leveling, or paving, as well as land excavation or reclamation of public waters;

4. Extraction of soil and stone: An act of extracting soil and stone, such as earth, sand, gravel, and rocks; provided, those for the purpose of altering the shape and quality of land shall be governed by subparagraph 3;

5. Catching, collection, or aquaculture of aquatic animals and plants: Fishery activities and recreational fishing under subparagraphs 8 and 17 of Article 2 of the Fisheries Act and aquaculture under subparagraph 1 of Article 2 of the Aquaculture Industry Development Act;

6. Division of land;

7. Stacking of goods: An act of stacking goods that are not easily movable for a period of at least 1 month;

8. An act of felling or planting bamboo or other trees.

(2) "Acts prescribed by Presidential Decree, such as altering the shape and quality of land for cultivation" in Article 14 (2) 2 of the Act means the following acts:

1. Alteration of the shape and quality of land for cultivation;

2. Excavation of soil and stone within the scope that does not interfere with the harbor redevelopment project and does not damage the landscape;

3. Temporary planting of ornamental bamboo or trees on land that is not agricultural land.

(3) If a person who has commenced construction works or a project intends to file a report under Article 14 (3) of the Act, the person shall submit a report in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with the progress of the relevant construction works or project and the implementation plan, to the Minister of Oceans and Fisheries or the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) within 30 days from the date the relevant project zone is designated and publicly notified.

Article 16(Designation of project developers) #

(1) "Public institutions prescribed by Presidential Decree" in Article 15 (1) 3 of the Act means the following institutions:

1. The Jeju Free International City Development Center established under Article 166 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (applicable only to a harbor redevelopment project implemented in Jeju Special Self-Governing Province);

2. The Korea Tourism Organization established under the Korea Tourism Organization Act;

3. The Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act;

4. The Korea Water Resources Corporation established under the Korea Water Resources Corporation Act;

5. The Korea Railroad Corporation established under the Korea Railroad Corporation Act;

6. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act.

(2) “Private investors meeting the qualifications prescribed by Presidential Decree, such as capital” in Article 15 (1) 5 of the Act means any of the following persons:

1. A constructor registered in the business category of performing general construction works under the Framework Act on the Construction Industry;

2. A trust business entity under the Financial Investment Services and Capital Markets Act which is subject to external audit under Article 4 (1) of the Act on External Audit of Stock Companies;

3. A person who owns at least 50/100 of the area of land within the project zone;

4. A public and private joint corporation defined in subparagraph 13 of Article 2 of the Act on Public-Private Partnerships in Infrastructure;

5. A real estate trust company that is trusted with at least 1/3 of the area of land within the project zone;

6. A self-managed real estate investment trust and an entrusted management real estate investment trust defined in subparagraph 1 a and b of Article 2 of the Real Estate Investment Company Act.

(3) “Corporation meeting the standards prescribed by Presidential Decree” in Article 15 (1) 6 of the Act means a corporation in which the total capital invested by any person specified in paragraph (1) 1 through 5 of that Article constitutes at least 20/100 of its total capital.

Article 20(Approval of implementation plans for harbor redevelopment projects) #

(1) If a project developer seeks approval of an implementation plan for a harbor redevelopment project (hereinafter referred to as "implementation plan") under Article 17 (1) of the Act, the developer shall submit an application for approval of the implementation plan in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents and drawings:

1. A location map at a scale of 1:25,000;

2. A map prepared according to a cadastral map (referring to a map on which the use of land is recorded);

3. A floor plan for implementation and detailed drawings and specifications;

4. Fund plans and documents evidencing such plan (including annual investment plans, financing plans, and annual plans for recovering invested expenses and for other relevant details);

5. A written plan for the use, profit-making, management, and disposal of land and facilities to be developed;

6. An environmental impact assessment report under Article 27 of the Environmental Impact Assessment Act, as well as the consultation details notified under Article 29 of that Act and an action plan based on the details (applicable only where the relevant project is included in the scope of projects subject to environmental impact assessment under Article 31 (2) and Appendix 3 of the Enforcement Decree of that Act);

7. A traffic impact assessment report under Article 16 the Urban Traffic Improvement Promotion Act, as well as the review results of such report under Article 17 of that Act and an implementation plan based on the results (applicable only where the relevant project is included in the scope of projects subject to traffic impact assessment under Article 13-2 (3) and Appendix 1 of the Enforcement Decree of that Act);

8. Documents necessary for consultation on disaster impact assessments, etc. under Article 4 of the Countermeasures against Natural Disasters Act (applicable only where the relevant project is included in the scope of projects subject to consultation on disaster impact assessments, etc. under Article 6 and Appendix 1 of the Enforcement Decree of that Act);

9. Documents regarding the establishment, relocation, removal, vesting, alienation, transfer, and other similar actions for public facilities, such as harbor facilities;

10. A detailed statement of facilities to be retained;

11. Documents necessary for consultation with the heads of relevant administrative agencies under Article 19 (2) of the Act;

12. A report on the damage impact survey conducted by a research institute or educational institution specializing in fisheries and designated by the Minister of Oceans and Fisheries.

(2) If deemed necessary, the Minister of Oceans and Fisheries may approve an implementation plan separately by function, facility, or project section, in accordance with a phased implementation plan for the relevant harbor redevelopment project under subparagraph 7 of Article 7.

Article 29(Replotting for land owners) #

(1) If a project developer intends to replot land for a person who owns land within a project zone under Article 25 (1) of the Act, the developer shall request that the methods, procedures, and other relevant measures for replotting be determined in accordance with the following standards and incorporated in the project plan:

1. The value of the previous land subject to replotting shall be the amount presented by the project developer for consultation at the time of public announcement of compensation, and the value of replotting shall be based on the sale price of lots of land developed through the relevant harbor redevelopment project;

2. The area of replotting shall be based on the previous area of land, but the area shall be increased or decreased in consideration of regional conditions, the supply of and demand for land for the harbor redevelopment project, and other relevant factors;

3. The difference between the value of the previous land and the replotted value shall be settled in cash.

(2) If a project developer intends to perform replotting within a project zone under Article 25 (1) of the Act, the developer shall publicly announce the following on the relevant website:

1. The name and areas of the harbor redevelopment project;

2. A statement indicating that replotting will be performed on the land located within the project zone;

3. The terms and conditions of replotting;

4. The period for application for replotting and for consultation.

(3) If a person who owns land within a project zone intends to file an application for replotting under 25 (1) of the Act, the person shall submit an application for replotting to the relevant project developer, along with a land use plan, within the application period for replotting under paragraph (2) 4.

(4) Upon receipt of an application for replotting under paragraph (3), a project developer shall consult with the landowner who submitted the application, during the consultation period under paragraph (2) 4.

Article 32(Procedures for supply and development of raw land) #

(1) If a project developer intends to obtain approval, from the Minister of Oceans and Fisheries, of a supply plan for land in an uncreated state to develop part of a project zone in a nature-friendly or three-dimensional manner (hereinafter referred to as "raw land") under Article 28 (1) of the Act, the developer shall submit an application for approval of a supply plan for raw land to the Minister, along with a document that includes the following:

1. The location and area of the raw land to be supplied, and the objectives of the supply;

2. Matters regarding a person who is supplied with and develops the raw land (hereafter in this Article referred to as "raw land developer");

3. A plan for the development of the raw land, including plans for population accommodation, land utilization, traffic control, environmental conservation, major infrastructure installation, and other uses of the raw land;

4. Deleted; <Mar. 23, 2021>

5. The estimated supply price and the major terms and conditions of the contract;

6. Other matters that the Minister of Oceans and Fisheries deems necessary, considering the nature of the project, and determines in consultation with the project developer.

(2) Upon receipt of an application for approval of a supply plan for raw land under paragraph (1), the Minister of Oceans and Fisheries shall approve such plan only if the plan conforms to the relevant project plan.

(3) “Public Institutions prescribed by Presidential Decree” in Article 28 (1) 5 of the Act means public institutions specified in the subparagraphs of Article 16 (1).

(4) “Period prescribed by Presidential Decree” in the main clause of Article 28 (6) of the Act means the period that ends first among the following periods:

1. Five years from the date the completion of construction works is publicly announced under Article 36 of the Act;

2. Ten years from the date of the contract for the supply of raw land.

(5) “For purposes prescribed by Presidential Decree, such as housing for migration or public facilities” in the proviso of Article 28 (6) of the Act means cases where the raw land is intended to be used for any of the following purposes:

1. Sites for rental housing;

2. Sites for infrastructure;

3. Other sites for the installation of facilities that are difficult for the raw land developer to develop or operate directly.

(6) When any ground specified in the subparagraphs of Article 28 (8) of the Act occurs, a project developer may request the raw land developer to take corrective measures at least twice; and if the raw land developer fails to do so, the project developer may cancel the supply contract for raw land. In such cases, the raw land developer may present his or her opinion on the project developer's request for correction.

(7) A raw land developer shall be selected by means of a negotiated contract.

(8) The supply price of raw land shall be determined through consultation between a project developer and a raw land developer, based on the amount calculated by adding the appraised value of the raw land (referring to the amount appraised by an appraisal corporation, etc. defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers) to the construction cost of infrastructure, etc. installed by the project developer in the raw land.

(9) The scope of business affairs of a project developer and a raw land developer shall be determined by a supply contract for raw land, and the project developer shall be responsible for the business affairs under relevant statutes and regulations, such as applications for authorization, permission, etc. for the development of raw land.

Article 34(Criteria for calculation of livelihood support allowances and procedures for payment) #

(1) The criteria for calculating livelihood support allowances that may be paid to members of a port and transport union defined in subparagraph 2 of Article 2 of the Special Act on Assistance to the Reorganization of Harbor Human Resources Supply Systems (hereinafter referred to as "port and transport union") under Article 33 (1) of the Act shall be as specified in Appendix 1.

(2) A person who intends to receive livelihood support allowances under Article 33 (1) of the Act shall submit an application for the payment of such allowances to a project developer, along with the following documents:

1. Documents evidencing the length of service and the remaining period until retirement;

2. Documents evidencing the closure of a workplace due to the harbor redevelopment project (including partial closure);

3. Documents on whether the person has withdrawn from a port and transport union;

4. A certificate of employment (applicable only if currently employed).

(3) If a project developer has completed the review of an application for payment under paragraph (2), the developer shall notify the applicant of whether to provide support, the amount of support (if provided), and other relevant details.

(4) If necessary to review an application for payment under paragraph (2), a project developer may seek the opinions of a port and transport union or a council for livelihood measures under Article 34 (1) of the Act (hereinafter referred to as "council for livelihood measures").

(5) If a project developer has notified an applicant of the determination to pay livelihood support allowances under paragraph (3), the developer shall pay such allowances within 1 month from the date of notification.

(6) Except as provided in paragraphs (2) through (5), the details necessary for the application, review, notification, and other relevant procedures for the payment of livelihood support allowances, shall be determined and publicly notified by the Minister of Oceans and Fisheries.

Article 44(Delegation of authority) #

The Minister of Oceans and Fisheries shall delegate the following authority to the administrators of regional offices of oceans and fisheries under Article 44 of the Act:

1. Approval of an implementation plan, approval of modification thereof, seeking of opinions, and public notice under Article 17 (1), (3), (4), and (6) of the Act;

2. Revocation of approval of an implementation plan; orders for suspension or modification of construction works or for alteration, modification, relocation, removal, or restoration of facilities or objects; or other necessary dispositions and public notice under Article 18 (1) and (3) of the Act;

3. Consultation with the heads of relevant administrative agencies under Article 19 (2) of the Act;

4. Holding of meetings of the Integrated Council under Article 20 of the Act;

5. Access to another person’s land, temporary use of land, and modification or removal of obstacles under Article 21 of the Act;

6. Compensation for losses incurred by access to land, etc. under Article 22 of the Act;

7. Appropriation and use of land, etc. under Article 24 of the Act;

8. Approval of a supply plan for raw land and approval for modification thereof under Article 28 of the Act;

9. Confirmation of completion; issuance of a certificate of confirmation of completion; orders for necessary measures, such as supplementary works; and acceptance of reports on use before completion under Article 35 of the Act;

10. Public announcement of completion of construction works under Article 36 of the Act;

11. Measures to vest public facilities, etc. under Article 37 of the Act;

12. Measures to stabilize real estate prices under Article 41 of the Act;

13. Hearings on revocation of approval of implementation plans under subparagraph 2 of Article 42 of the Act;

14. Authorization for transfer of rights and obligations under Article 43 of the Act (limited to matters for which authority is delegated);

15. Imposition and collection of administrative fines under Article 49 of the Act.

ENFORCEMENT DECREE OF THE ACT ON REDEVELOPMENT OF HARBORS AND DEVELOPMENT OF THEIR ENVIRONS

Article 1(Purpose) #

Article 2(Details of harbor redevelopment master plans) #

Article 3(Public notice of harbor redevelopment master plans) #

Article 4(Modification of minor matters in master plans) #

Article 5(Details and methods of basic surveys) #

Article 6(Call for project proposals) #

Article 7(Details of project plans) #

Article 8(Methods of gathering opinions from residents) #

Article 9(Modification of minor matters in project plans) #

Article 10(Public notice of project plans) #

Article 11(Procedures for proposing and processing project plans) #

Article 12(Consolidation of harbor redevelopment project zones) #

Article 13(Minor modification of project zones) #

Article 14(Public notice of revocation of designation of project zones) #

Article 15(Restrictions on acts) #

Article 16(Designation of project developers) #

Article 17(Grounds for revocation of designation of project developers) #

Article 18(Public notice of designation of project developers) #

Article 19(Agency services for harbor redevelopment projects) #

Article 20(Approval of implementation plans for harbor redevelopment projects) #

Article 21(Details of implementation plans) #

Article 22(Seeking opinions of Mayors/Do Governors on implementation plans) #

Article 23(Public notice of implementation plans) #

Article 24(Modification of minor matters in implementation plans) #

Article 25(Grounds for revocation of approval of implementation plans) #

Article 26(Public notice of revocation of approval of implementation plans) #

Article 27(Integrated council for constructive authorization or permission) #

Article 28(Designation of general project managers) #

Article 29(Replotting for land owners) #

Article 30(Entrustment of land purchase) #

Article 31(Advance Payments) #

Article 32(Procedures for supply and development of raw land) #

Article 33(Subsidization for costs) #

Article 34(Criteria for calculation of livelihood support allowances and procedures for payment) #

Article 35(Composition and operation of council for livelihood measures) #

Article 36(Confirmation of completion) #

Article 37(Report on use before completion) #

Article 38(Matters to be publicly announced on completion of projects) #

Article 39(Public facilities other than those to be vested) #

Article 40(Sale in lots or lease of developed land) #

Article 41(Reinvestment of development gains) #

Article 42(Composition and operation of consultative council of occupants) #

Article 43(Transfer of rights or obligations) #

Article 44(Delegation of authority) #

Article 45(Re-examination of regulation) #

Article 46(Criteria for imposition of administrative fines) #