SPECIAL ACT ON RELOCATION OF GWANGJU MILITARY AIR BASE AND DEVELOPMENT OF PREVIOUS SITE

Article 1(Purpose) #

The purpose of this Act is to contribute to the smooth implementation of the Gwangju Military Air Base Relocation Project and the development of the area adjacent to the relocation site and the previous site by prescribing matters necessary for the relocation of the Gwangju Military Air Base and the support for the environs of the relocation site and the development of the previous site.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. "Gwangju Military Air Base" means the first combat venue group located in Doho-dong, Gwangsan-gu, Gwangju Metropolitan City;

2. "Gwangju Military Air Base Relocation Project" (hereinafter referred to as "relocation project") means a project to relocate Gwangju Military Air Base to a relocation site;

3. "Previous site" means an existing site where the Gwangju Military Air Base has been established;

4. "Relocation site" means a site where Gwangju Military Air Base is relocated and established;

5. "Area adjacent to the relocation site" (hereinafter referred to as "area adjacent to the relocation site") means an area determined by the Support Committee for Military Air Base Relocation Project under Article 20 of the Special Act on the Relocation of Military Air Bases and Support Therefor, as prescribed by Presidential Decree, and publicly notified by the Minister of National Defense, among Sis/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply) and Sis/Guns/Gus in which the relocation site is located and adjacent areas of noise-damaged areas adjacent thereto;

6. "Local government of the environs of the relocation site" means a Si/Gun/Gu publicly notified pursuant to subparagraph 5;

7. "Support project for the environs of the relocation site" (hereinafter referred to as "support project") means a project for which the Minister of National Defense and the head of the local government of the previous site formulates and implements a support plan pursuant to Article 11 of the Special Act on the Relocation of Military Air Bases and Support Therefor;

8. "Area adjacent to the previous site" means an area adjacent to the previous site, which is designated and publicly notified pursuant to Presidential Decree because it is deemed necessary to require planned management, among the areas adjacent to the previous site, which may be affected by the development of the previous site;

9. "Previous site development project" means a project to install tourism and commercial facilities by utilizing the previous site and to develop such facilities as a high-tech industrial complex, etc.;

10. "Local government of the previous site" means Gwangju Metropolitan City in which Gwangju Military Air Base is located.

Article 3(Responsibilities of the State and local governments) #

(1) The State and local governments shall mutually cooperate to facilitate and efficiently promote the relocation projects, support projects, and previous site development projects, and shall endeavor to promote the projects successfully.

(2) Local governments shall formulate a financing plan, etc. to ensure that relocation projects, support projects, and previous site development projects can be implemented in a stable manner and endeavor to reflect necessary financial resources.

Article 4(Relationship to other statutes) #

(1) This Act shall take precedence over other Acts with respect to relocation projects, support projects, and previous site development projects; provided, if other Acts provide for more lenient provisions than special cases concerning regulations under this Act, the provisions of such Acts shall apply.

(2) Except as otherwise expressly provided for in this Act, the Special Act on the Relocation of Military Air Bases and Support Therefor and Act on National Defense and Military Installations Projects shall apply to relocation projects and support projects.

Article 5(Relationship to other plans) #

Plans and implementation plans for relocation projects and support projects and former site development projects under this Act shall take precedence over plans under other Acts; provided, this shall not apply to comprehensive national land plans under Article 6(2)1 of the Framework Act on the National Land, urban or Gun master plans under subparagraph 3 of Article 2 of the National Land Planning and Utilization Act, and master plans for the management of protection zones, etc. under Article 16 of the Protection of Military Bases and Installations Act.

Article 6(Methods of relocation projects) #

(1) The Special Act on the Relocation of Military Air Bases and Support Therefor shall apply to the methods and procedures for relocation projects and support projects.

(2) Notwithstanding the State Property Act, the Minister of National Defense may, if necessary for the smooth relocation of military air base facilities, transfer facilities and land to be installed by a support project to the local government of the environs of the relocation site, notwithstanding the State Property Act. In such cases, the Minister of National Defense shall consult in advance with the Minister of Finance and Economy. <Amended on Oct. 1, 2025>

(3) Notwithstanding Article 55 of the State Property Act and Article 9 of the Special Act on the Relocation of Military Air Bases and Support Therefor, where project costs exceed the value of disused property in the course of implementing a relocation project and a support project, the State may provide support to the project implementer within budgetary limits at the request of the head of the relevant central government agency, and the specific scope, scale, procedures, methods, etc. of support shall be prescribed by Presidential Decree.

Article 7(Implementation of previous site development project) #

Except as otherwise expressly provided for in this Act, the procedures prescribed by relevant statutes, such as the National Land Planning and Utilization Act, the Urban Development Act, and the Regional Development Assistance Act, shall apply mutatis mutandis to the implementation of a previous site development project.

Article 8(Operator of previous site development project) #

(1) The implementer of the previous site development project (hereinafter referred to as "development project operator") shall be the operator under the relevant Acts referred to in Article 7.

(2) Where necessary to efficiently implement a development project for the previous site, a development project operator may have him or her perform all or part of the project on his or her behalf, as prescribed by Presidential Decree.

Article 9(Formulation of previous site development plan) #

(1) The development project operator shall formulate a development plan for the previous site development project (hereinafter referred to as "development plan"). In such cases, the development project operator, other than the head of the local government of the previous site, shall consult in advance with the head of the local government of the previous site, and shall submit the formulated development plan to the head of the local government of the previous site without delay.

(2) When the head of the local government of the previous site formulates or receives a development plan pursuant to paragraph (1), he or she shall publicly notify it as prescribed by Presidential Decree and make it available to the general public for inspection; provided, information subject to non-disclosure under Article 9(1) of the Official Information Disclosure Act among the details of the development plan may not be disclosed.

(3) A development project operator may modify a development plan at the request of the head of the local government of the previous site, upon receipt of a request from the head of the local government.

(4) The latter part of paragraph (1) and paragraph (2) shall apply mutatis mutandis to the procedures for modifying a development plan under paragraph (3); provided, this shall not apply where minor matters prescribed by Presidential Decree are modified.

Article 10(Formulation of implementation plan for previous site development project) #

(1) When a development project operator has formulated and publicly notified a development plan pursuant to Article 9, he or she shall formulate an implementation plan for the previous site development project (hereinafter referred to as "implementation plan for the previous site development project "), including matters prescribed by Presidential Decree, such as design documents and financing plans necessary for the implementation of the previous site development project.

(2) The implementation plan for the previous site development project may be formulated in phases. In such cases, the development project operator, other than the head of the local government of the previous site, shall consult in advance with the head of the local government of the previous site, and shall submit the implementation plan for the previous site development project to the head of the local government of the previous site without delay.

(3) The implementation plan for the previous site development project shall reflect matters necessary for improvement, etc. under Article 16(4) of the Urban Traffic Improvement Promotion Act and the results of environmental impact assessment under the Environmental Impact Assessment Act in the implementation plan for the previous site development project.

(4) When the head of the local government of the previous site formulates or receives an implementation plan for the previous site development project, he or she shall publicly notify it as prescribed by Presidential Decree and make it available for public perusal, as prescribed by Presidential Decree; provided, information subject to non-disclosure under Article 9(1) of the Official Information Disclosure Act among the details of the implementation plan for the previous site development project, may not be disclosed.

Article 11(Legal fiction of authorization and permission) #

(1) When the implementation plan for the previous site development project is publicly notified pursuant to Article 10(4), the following approval, permission, authorization, determination, reporting, designation, license, consultation, cancellation, examination, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, obtained, or made, and the authorization, permission, etc. under the following Acts shall be deemed to have been publicly notified or announced:

1. Deliberation by the Building Committee under Article 4 of the Building Act, building permission under Article 11 of that Act, reporting on building construction under Article 14 of that Act, modification of matters permitted or reported under Article 16 of that Act, permission for and reporting on building construction of temporary buildings under Article 20 of that Act, and consultation on building construction under Article 29 of that Act;

2. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

3. Permission to occupy and use or 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 for occupancy or use under Article 17 of that Act, a license to reclaim public waters under Article 28 of that Act, public notice under Article 33 of that Act, consultation on or approval of reclamation conducted by the State, etc. under Article 35 of that Act, approval of an implementation plan for reclamation of public waters under Article 38 of that Act, and approval of a change in the purpose of purchase under Article 49 of that Act;

4. Approval of a business plan under Article 15 of the Tourism Promotion Act, designation of a tourist destination under Article 52 of that Act, approval of a development plan under Article 54 of that Act, and permission to implement a development project under Article 55 of that Act;

5. formulation of implementation plans for intelligent transport systems under article 76 of the National Transport System Efficiency Act and formulation and approval of implementation plans under article 79 of that Act;

6. A permission to use administrative property under Article 30 of the State Property Act;

7. Formulation of items c (Installation of Infrastructure, etc.) and e (Designation of District-Unit Planning Zones and District-Unit Planning Zones) among urban or Gun management plans under subparagraph 4a through f of Article 2 of the National Land Planning and Utilization Act;

8. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act and approval of project plans for development of rural tourism and resort complexes under Article 82(2) of that Act;

9. Permission for or reporting on installation of emission facilities under Article 23 of the Clean Air Conservation Act and Article 33 of the Water Environment Conservation Act;

10. Designation of an implementer of an urban development project under Article 11 of the Urban Development Act and authorization of an implementation plan under Article 17 of that Act;

11. Permission to execute road works by a person other than a road management authority under Article 36 of the Road Act, Permission to occupy and use a road under Article 61 of that Act, and consultation or approval with a road management authority under Article 107 of that Act (limited to the designation and public notice of routes under Article 19 of that Act, determination of road zones under Article 25 of that Act, permission to execute road works by a person other than a road management authority under Article 36 of that Act, and permission to occupy and use a road under Article 61 of that Act);

12. Permission to build a private road under Article 4 of the Private Road Act;

13. Permission for felling, etc. under Article 14 of the Erosion Control Work Act, and cancellation of designation as land for erosion control under Article 20 of that Act;

14. Permission for and reporting on activities within forest conservation zones (excluding forest genetic resources protection zones) under Article 9(2)1 and 2 of the Forest Protection Act; cancellation of designation of a forest conservation zone under Article 11(1)1 of that Act; reporting on afforestation, felling, etc. of State forests under Article 9(3) of the State Forest Administration and Management Act; and permission for and reporting on felling standing timber, etc. of forests under Article 36 of the Creation and Management of Forest Resources Act;

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

16. Alteration or Cancellation of Preserved Mountainous Districts under Article 6 of the Mountainous Districts Management Act, permission for diversion of mountainous districts under Article 14 of that Act, and permission for or reporting on temporary use of mountainous districts under Article 15-2 of that Act;

17. Approval of a comprehensive plan for maintaining small rivers under Article 6 of the Small River Maintenance Act, permission to maintain small rivers, etc. under Article 10 of that Act, and permission to occupy and use small rivers, etc. under Article 14 of that Act;

18. Designation and modification of water source protection areas under Article 7 of the Water Supply and Waterworks Installation Act; authorization for general waterworks business under Article 17(1) of that Act; authorization for industrial waterworks business under Article 49 of that Act; authorization for private-use waterworks under Article 52 of that Act; and authorization for installation of private-use industrial waterworks under Article 54 of that Act;

19. Consultation on Energy Use Plans under Article 10 of the Energy Use Rationalization Act;

20. Designation of a logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities and approval of, or consultation on, an implementation plan for the development of a logistics complex under Article 28 of that Act;

21. Permission to open a grave under Article 27 of the Act on Funeral Services;

22. Authorization and reporting to execute a plan for works for setting up an electric installation for private use under Article 8 of the Electrical Safety Management Act;

23. Approval of a project plan under Article 15 of the Housing Act;

24. Permission to Use or Profit from Administrative Property under Article 20(1) of the Public Property and Commodity Management Act;

25. Consultation on appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;

26. Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act;

27. Approval for or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;

28. Authorization for the installation of a public sewerage system (referring only to excreta treatment plants) under Article 11 of the Sewerage Act, permission to implement a public sewerage project under Article 16 of that Act, permission to occupy and use a public sewerage system under Article 24 of that Act, and reporting on the installation of a private sewage treatment plant under Article 34(2) of that Act;

29. Consultation with or approval from a river management agency under Article 6 of the River Act, permission to execute river works and authorization of a river works execution plan under Article 30 of that Act, and permission to occupy and use a river under Article 33 of that Act;

30. Formulation of housing site development plans under Article 8 of the Housing Site Development Promotion Act and approval of implementation plans for housing site development projects under Article 9 of that Act;

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

32. Registration of establishment of superstores under Article 8 of the Distribution Industry Development Act.

(2) Article 24 through 26 of the Framework Act on the Administration shall apply to the standards and procedures for the legal fiction of authorization, permission, etc. under paragraph (1).

(3) Where authorization, permission, etc. is deemed granted pursuant to paragraph (1), fees, usage fees, etc. imposed pursuant to relevant Acts or municipal ordinances of a Metropolitan City/Do shall be exempted.

Article 12(Designation of special zones for previous sites) #

(1) The head of the relevant central administrative agency or the head of the local government of the previous site may designate the previous site as any of the following special zones:

1. Special tourist zones under Article 70 of the Tourism Promotion Act;

2. The special building zone under Article 69 of the Building Act;

3. Free economic zones under Article 4 of the Special Act on Designation and Management of Free Economic Zones;

4. Regulation-free special zones and special economic zones under article 2 of the Act on Special Cases concerning the Regulation of Regulation-Free Special Zones and Special Economic Zones for Specialized Regional Development;

5. Specialized complexes for smart cities under Article 29 of the Act on the Promotion of Smart City Development and Industry;

6. Special research and development zones under Article 4 of the Special Act on Promotion of Special Research and Development Zones.

(2) When the head of the relevant central administrative agency designates a special zone referred to in paragraph (1)2 through 6, he or she shall hear the opinion of the head of the local government of the previous site.

Article 13(Installation of infrastructure and preferential support) #

(1) Article 55 of the Urban Development Act shall apply mutatis mutandis to the installation of electricity, communications, gas, and district heating facilities and the burden of expenses incurred therein.

(2) The local government of the previous site may preferentially support the installation of infrastructure in the area adjacent to the previous site so that the functions of the city in which the previous site is located can be facilitated smoothly.

Article 14(Government's financial support) #

The State may, if necessary for a relocation project, grant a loan to a project implementer for expenses within budgetary limits, if necessary for the relocation project.

Article 15(Support for relocation areas) #

Where necessary to efficiently promote the relocation project, support projects may be conducted after deliberation by the Support Committee for Military Air Base Relocation Projects established under Article 20 of the Special Act on the Relocation of Military Air Bases and Support Therefor, if necessary.

Article 16(Reduction of or exemption from charges) #

Where necessary to facilitate the efficient implementation of a relocation project and a development project for the previous site, the State or a metropolitan local government may reduce or exempt a project operator (including a development project operator) from or impose a replacement forest resource development cost, river occupancy or use fee, public waters occupancy or use fee, infrastructure installation cost, and metropolitan transportation facility charge, as prescribed by the Mountainous Districts Management Act, the River Act, the Public Waters Management and Reclamation Act, the National Land Planning and Utilization Act, and the Special Act on the Management of Intercity Transportation in Metropolitan Areas.

Article 17(Invitation of private capital) #

A project implementer (including a development project implementer) may attract private capital for all or some of the expenses incurred in relocation projects, support projects, and previous site development projects, as prescribed by the Act on Public-Private Partnerships in Infrastructure.

Article 18(Preferential treatment of local enterprises) #

Where a project operator enters into a contract for construction works, goods, services, etc. prescribed by Presidential Decree, he or she may give preferential treatment to a person who has his or her principal place of business in an area where a relocation project or a support project is implemented, as prescribed by Presidential Decree.

Article 19(Preferential employment and participation of local residents) #

The project implementer may preferentially employ resettled persons and residents of the relocation area following the relocation project or have them participate therein.

Article 20(Special cases concerning installation, and use of sports facilities) #

Notwithstanding Article 11(2) of the Installation and Utilization of Sports Facilities Act, a project implementer (including a development project implementer) may implement a development project, if necessary for a relocation project, a support project, or a previous site development project, notwithstanding Article 11(2) of the Installation and Utilization of Sports Facilities Act.

Article 21(Special cases concerning creation of industrial complexes) #

Upon receipt of a request from the head of the relevant Metropolitan Government of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may change the type of an industrial complex by changing the functions of all or part of an industrial complex to revitalize an industrial complex in an area where a relocation project, a support project, or a previous site development project is implemented. In such cases, Article 13-2 of the Industrial Sites and Development Act shall apply to the change, etc.

Article 22(Financial support for foreign-invested enterprises) #

(1) The State and local governments of the previous site may provide financial support to foreign-invested enterprises defined in Article 2(1)6 of the Foreign Investment Promotion Act (hereinafter referred to as "relocating foreign-invested enterprises") which move into an area where a development project of the previous site is implemented. In such cases, Article 14-2 of the Foreign Investment Promotion Act shall apply mutatis mutandis to matters necessary for the eligibility, scale, procedures, etc. for such support in such cases.

(2) The State and local governments of the previous site may purchase land for which permission for use, etc. is granted or construct buildings for which permission for use, etc. is granted, in order to attract foreign-invested enterprises located in the previous site.