Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Special Act on the Construction of Integrated New Airport for DaeguGyeongbuk and matters necessary for the enforcement thereof.
Article 2(Designation of environs of previous site) #
(1) The environs of the previous site under subparagraph 4 of Article 2 of the Special Act on Construction of Daegu-Gyeongbuk Integrated New Airport (hereinafter referred to as the "Act") shall be an area designated and publicly notified by the head of the local government of the previous site in consideration of natural landscape, economic feasibility, administrative district, etc.
(2) Where the head of the local government of the previous site intends to designate the environs of the previous site pursuant to paragraph (1), the head shall consult in advance with the head of the relevant local government.
(3) When the head of the local government of the previous site has designated the environs of the previous site pursuant to paragraph (1), the head shall publicly notify the location and size of the area adjacent to the previous site in the official bulletin.
Article 3(Support for increase in national subsidies) #
(1) "Projects prescribed by Presidential Decree" in Article 7 (2) of the Act means projects eligible for subsidies under Article 4 (1) and attached Table 1 of the Enforcement Decree of the Subsidy Management Act.
(2) “Subsidy rate prescribed by Presidential Decree“ in Article 7 (2) of the Act means the rate calculated by adding the rate prescribed by the head of the relevant central administrative agency after consultation with the Minister of Economy and Finance to the basic subsidy rate under Article 4 of the Enforcement Decree of the Subsidy Management Act and Appendix 1 in consideration of the specificity of the environs of the relocation site of the integrated new airport, equity with other regions, financial conditions, etc.
Article 4(Livelihood support for migrants) #
(1) The implementer of the military air base relocation project under Article 8 (1) of the Act (hereinafter referred to as "relocation project implementer") may provide the following support pursuant to Article 7 (3) of the Act:
1. In cases of immigrants who wish to change jobs: Vocational training and job placement;
2. In cases of migrants (limited to persons engaged in agriculture) who do not wish to change their jobs: Arrangement of alternative land necessary for agriculture and education on farming.
(2) A migrant referred to in paragraph (1) shall be any of the following persons who resides continuously in a planned project area (a project area publicly notified pursuant to Article 4 (4) of the Act on National Defense and Military Installations Projects) for the construction of the Daegu-Gyeongbuk New Airport (hereinafter referred to as the "integrated new airport") until the date of concluding a contract under Article 17 of the Act on Acquisition of and Compensation for Land for Public Works Projects or the date of adjudication on expropriation under Article 34 of that Act (hereafter referred to "date of conclusion of a contract, etc." in this Article and Article 5) from January 12, 2023:
1. An owner of a residential building;
2. A tenant who resides in a building owned by another person;
3. A member of a household of a person referred to in subparagraph 1 or 2.
(3) Notwithstanding the requirements for residence under paragraph (2), in any of the following cases, he or she shall be deemed to have continuously resided for the period prescribed in the relevant subparagraph:
1. Where he or she does not reside in the Republic of Korea due to any of the following grounds: The period during which he or she does not reside in the Republic of Korea due to the relevant grounds:
(a) Nursing care due to a disease;
(b) Enlistment by conscription;
(c) Official duties;
(d) School attendance;
(e) Unavoidable reasons corresponding to items (a) through (d);
2. Where a general succession by inheritance, etc. is made before the date of conclusion of the contract, etc.: The period from the point of residence of the former resident to the date of general succession.
Article 5(Payment of special relocation and settlement subsidies and special livelihood stabilization subsidies) #
(1) The relocation project implementer may pay special relocation and settlement subsidies and special livelihood stabilization subsidies to migrants under Article 4 (2) 1 and 2 (including cases where the relevant relocated migrants are deemed to have continued to reside pursuant to paragraph (3) of that Article) in order to provide support necessary for relocation and settlement or livelihood stabilization pursuant to Article 7 (3) of the Act.
(2) Special relocation and settlement subsidies and special livelihood stability subsidies under paragraph (1) shall be classified as follows:
1. Special relocation and settlement subsidy: 20 million won per household;
2. Special livelihood stability subsidy: 2.5 million won per one person of a household; provided, it shall not exceed 10 million won per household.
(3) Where a person eligible for support under paragraph (1) intends to receive a special relocation and settlement subsidy or special livelihood stabilization subsidy, he or she shall file an application with the relocation project implementer by no later than 7 days before the date of conclusion of the contract until the scheduled date of relocation.
(4) The relocation project implementer shall determine detailed matters concerning the procedures for support, etc. under paragraph (3), post the details thereof on the website of the relevant relocation project implementer, and send them to the competent Do Governor having jurisdiction over the area where the military air base relocation project under Article 8 (1) of the Act is implemented.
Article 6(Scope of designation of prearranged areas for environs development) #
(1) The Minister of Land, Infrastructure and Transport may designate all or part of any of the following areas within 10 kilometers from the boundary of an area falling under any subparagraph of Article 11 (1) of the Act in connection with a project for constructing an integrated new airport, as prearranged envrions development areas:
1. Obstacle limitation surface and their areas adjacent thereto under subparagraph 14 of Article 2 of the Airport Facilities Act;
2. Flight safety zones and areas adjacent thereto under subparagraph 8 of Article 2 of the Protection of Military Bases and Installations Act;
3. Areas requiring measures against noise defined in subparagraph 4 of Article 2 of the Military Airfields and Military Firing Ranges Noise Prevention and Compensation Act and areas adjacent thereto;
4. Other areas deemed necessary by the Minister of Land, Infrastructure and Transport to efficiently promote the integrated new airport construction project.
(2) Where the Minister of Land, Infrastructure and Transport designates prearranged areas for environs development pursuant to Article 11 (1) of the Act, the Minister shall publicly notify the details thereof in the Official Gazette. In such cases, Article 8 (2) and (7) through (9) of the Framework Act on the Regulation of Land Use shall apply to the methods of public notice, standards for preparing topographic maps, notification to the heads of relevant Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply) and registration in the national land use information system.
(3) Where the Minister of Land, Infrastructure and Transport publicly notifies prearranged areas for environs development pursuant to paragraph (2), the Minister shall forward the details thereof to the Metropolitan City Mayor, Do Governor, or the head of a Si/Gun/Gu having jurisdiction over the prearranged area for environs development so that residents may peruse the details thereof for at least 14 days.
(4) The Minister of Land, Infrastructure and Transport may implement any of the following projects as the environs development project under Article 11 (2) of the Act:
1. Projects for the installation and improvement of infrastructure;
2. Support projects for urban development, maintenance, regeneration, and logistics revitalization, etc.;
3. A smart city construction project defined in subparagraph 1 of Article 2 of the Act on the Promotion of Smart City Development and Industry;
Article 7(Composition and operation of task force for integrated new airport construction) #
(1) The task force for integrated new airport construction under Article 12 (1) of the Act (hereafter referred to as the "task force" in this Article) shall perform the following affairs: <Amended on Oct. 18, 2023>
1. Any of the following affairs related to airport facilities construction under subparagraph 7 of Article 2 of the Airport Facilities Act;
(a) Research on statutes and regulations and systems related to the integrated new airports construction;
(b) Formulation and implementation of major policies related to the integrated new airport construction;
(c) Research and development to support the integrated new airport construction;
(d) Master plans under Article 4 of the Airport Facilities Act and implementation plans under Article 7 of that Act related to the construction of an integrated new airport;
(e) Promotion and management of projects related to the integrated new airport construction;
(f) The construction of infrastructure, including necessary means of transportation access following integrated new airport development;
(g) Support for fund-raising for the integrated new airport construction and attraction of private capital;
(h) Creation and management of an area prearranged for airport and aerodrome development publicly notified pursuant to Article 4 (6) of the Airport Facilities Act related to integrated new airport construction and their environs development;
(i) Promotion and external cooperation related to the integrated new airport construction;
2. Providing support and cooperation in affairs related to military air base relocation projects and under Article 8 (1) of the Act;
3. Other affairs necessary for the smooth promotion and management of the integrated new airport construction projects.
(2) The task force shall be comprised of one head and members.
(3) The head of the task force shall exercise overall control over the operation and affairs of the task force under the direction of the Minister of Land, Infrastructure and Transport, and direct and supervise members of the task force.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the task force shall be prescribed by Presidential Decree.
Article 8(Function and composition of consultative body for integrated new airport construction) #
(1) The consultative body for the new airport construction project (hereinafter referred to as the “consultative body” in this Article and Article 9) pursuant to Article 13 (2) of the Act shall consult the following matters:
1. Amendment of statutes and regulations related to the integrated new airports construction and improvement of systems therefor;
2. Major policies related to the integrated new airport construction;
3. Other matters requiring cooperation and coordination of opinions among related agencies in connection with a consolidated new airport construction project.
(2) The consultative body shall be comprised of 9 members, including 2 co-chairpersons.
(3) The co-chairperson of the Council (hereafter referred to as "co-chairperson" in this Article and Article 9) shall be the following persons:
1. The head of the Civil Aviation Office of the Ministry of Land, Infrastructure and Transport;
2. Deputy Minister of the Resources Management Office of the Ministry of Defense.
(4) The members of the consultative body shall be the following persons:
1. One person each appointed by the head of the agency to which he or she belongs, from among public officials in general service belonging to the Senior Executive Service of the Ministry of Land, Infrastructure and Transport or the Ministry of National Defense or public officials equivalent thereto;
2. One person designated by the Minister of National Defense from among Colonels or higher-ranking officers in charge of the relocation of a military air base in the Air Force;
3. One person designated by the head of the relevant local government, from among public officials of Grade III or higher in Daegu Metropolitan City and Gyeongsangbuk-do, from among public officials of Grade II or higher in Daegu Metropolitan City and Gyeongsangbuk-do;
4. One person each appointed by the head having jurisdiction, in consultation with the Minister of Land, Infrastructure and Transport, from among executive officers and employees in charge of airport development at the Korea Airports Corporation established under the Korea Airports Corporation Act and the Incheon International Airport Corporation established under the Incheon International Airport Corporation Act.
Article 9(Operation of consultative body for integrated new airport construction) #
(1) The co-chairpersons shall convene and preside over meetings of the consultative body.
(2) Where both the co-chairpersons are unable to perform their duties due to extenuating circumstances, a member appointed by the chairperson as the head of the Civil Aviation Office of the Ministry of Land, Infrastructure and Transport in advance shall perform the duties of the chairperson on their behalf.
(3) A majority of the members of the consultative body shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(4) Where necessary to perform its duties, the co-chairpersons may request necessary cooperation, such as requesting relevant public officials or relevant experts to attend a meeting of the consultative body to hear their opinions, or requesting relevant institutions, organizations, etc. to submit materials or opinions, if necessary.
(5) Except as provided in paragraphs (1) through (4), the details necessary for operating the consultative body shall be determined jointly by the co-chairpersons after resolution by the consultative body.
Article 10(Formulation of previous site development plan) #
(1) When the head of the local government of the previous site formulates or receives a development plan for the previous site pursuant to Article 15 (1) of the Act, he or she shall publicly notify the following matters in the official bulletin and make them available for public perusal for at least 14 days:
1. Title and purpose of previous site development projects;
2. Location and size of the previous site;
3. The implementer of a previous site development project (hereinafter referred to as "development project implementer") under Article 14 of the Act;
4. Method of perusing drawings and documents related to development plans for the previous site.
(2) "Where the person changes any minor matter prescribed by Presidential Decree" in the proviso of Article 15 (4) of the Act means the following cases:
1. Where the name, address or representative of the development project implementer is changed;
2. Where the implementation size of the previous site development project is corrected due to an error, etc. within the scope of not changing the implementation size of the previous site development project.
Article 11(Formulation of implementation plan of previous site development project) #
(1) When formulating an implementation plan for a development project for the previous site pursuant to Article 16 (1) of the Act, a development project implementer shall include the following matters:
1. Title and purpose of previous site development projects;
2. The location and size of the implementation area of the previous site development project;
3. The title and address of the development project implementer and the name of the representative of the implementer;
4. The implementation period of the previous site development project (including the required period for each process);
5. Matters concerning district-unit plans formulated pursuant to Article 52 of the National Land Planning and Utilization Act (hereinafter referred to as a "district-unit plan");
6. Relevant documents and drawings necessary for the determination of a district-unit plan;
7. Outline design documents;
8. A planned floor plan;
9. A financing plan;
10. An annual fund investment plan;
11. The location map of the implementation area of the previous site development project;
12. A detailed statement and a disposal plan of public facilities, etc. under Article 65 of the National Land Planning and Utilization Act;
13. A plan for existing buildings and artificial structures to be preserved.
(2) When the head of the local government of the previous site formulates or receives an implementation plan for development projects for the previous site pursuant to Article 16 (1) of the Act, he or she shall publicly notify the following matters in the official bulletin and make them available for public perusal for at least 14 days:
1. Matters referred to in paragraph (1) 1 through 5;
2. Methods for perusing related drawings and documents under paragraph (1) 6 through 13.
Article 12(Procedures for supporting project expenses and scope of support) #
(1) The State and local governments shall mutually cooperate to prevent excess project costs (where the project costs exceed the value of property disused in the course of implementing a military air base relocation project and a support project for the environs of the relocation site under Article 8 (1) of the Act, referring to the project costs equivalent to such excess; hereinafter the same shall apply), and where the head of the local government of the previous site is expected to incur excess project costs, the head shall endeavor to ensure that the previous site is efficiently utilized and the value of the site is improved to the maximum extent pursuant to Article 24 of the Special Act on the Relocation of Military Air Base and Support.
(2) The relocation project implementer, the implementer of a support project for the environs of the relocation site (hereinafter referred to as "relocation and support project implementer"), and the development project implementer shall report the current status of the project implementation, including the details of the execution of project costs, to the head of the relevant central government agency under Article 20 (2) of the Act (hereafter referred to as the "head of a central government agency" in this Article), as prescribed by the Minister of National Defense.
(3) Upon receipt of a report under paragraph (2), the head of a central government agency shall examine the appropriateness of the project costs. If advice is required in such cases, the head of the central government agency may organize and operate a project cost review committee, as prescribed by the Minister of National Defense.
(4) Where the head of a central government agency deems it necessary to examine the appropriateness of the project costs under paragraph (3) at the time of deliberation by the State Property Policy Deliberation Committee under Article 26 (1) of the State Property Act (hereafter referred to as the "Deliberation Committee" in this Article) on the project for the relocation of a military air base and the project for supporting the environs of the relocation site under Article 8 (1) of the Act, the head of the central government agency may submit the results of the relevant examination to the office of general administration under subparagraph 10 of Article 2 of that Act, as prescribed by the Minister of National Defense.
(5) Where the implementer of a relocation and support project deems that excess project expenses have been incurred as a result of deliberation by the Deliberative Committee, the implementer may file an application for subsidization of excess project expenses under Article 20 (2) of the Act. In such cases, the implementer of the relocation and support project shall submit an application for subsidization to the head of a central government agency, along with the detailed calculation details of the excess project expenses and evidentiary materials, etc., as prescribed by the Minister of National Defense.
Article 13(Recovery of subsidies for excess project costs) #
Where a relocation or support project implementer who has received subsidies for excess project costs falls under any of the following cases, the Minister of National Defense may recover the subsidies:
1. Where the implementer has received subsidies for excess project expenses by fraud or other improper means;
2. Where subsidies for excess project expenses have been erroneously paid due to an error, etc.
Article 14(Support for projects to induce private capital) #
(1) "Business right to develop neighboring land prescribed by Presidential Decree“ in Article 23 (1) 3 of the Act means the qualifications to implement the following projects:
1. Tourism complex development projects under Article 54 of the Tourism Promotion Act;
2. Urban development projects under Article 2 (1) 2 of the Urban Development Act;
3. Industrial complex development projects defined in subparagraph 9 of Article 2 of the Industrial Sites and Development Act;
4. A housing construction project and a housing site preparation project under Article 15 of the Housing Act;
5. Housing site development projects defined in subparagraph 4 of Article 2 of the Housing Site Development Promotion Act;
(2) "Matters prescribed by Presidential Decree" in Article 23 (1) 4 of the Act means the following:
1. Vicarious performance of measures for relocation of residents and compensation for losses;
2. Other matters necessary for promoting development projects of private developers.
Article 15(Preferential treatment of local companies) #
(1) "Contract for construction works, goods, services, etc. prescribed by Presidential Decree" in Article 25 of the Act means the following:
1. Contracts for the following:
(a) General construction works under subparagraph 5 of Article 2 of the Framework Act on the Construction Industry and specialized construction works under subparagraph 6 of that Article;
(b) Electrical construction under subparagraph 1 of Article 2 of the Electrical Construction Business Act;
(c) Information and communications construction projects under subparagraph 2 of Article 2 of the Information and Communications Construction Business Act;
(d) Firefighting system installation works under (1) 1 (b) of Article 2 of the Firefighting System Installation Business Act;
2. Contracts for manufacturing and purchasing equipment and materials, machinery, office devices, computer systems, etc. to implement the works under the items of subparagraph 1;
3. Contracts for services for the following affairs:
(a) Engineering activities under subparagraph 1 of Article 2 of the Engineering Industry Promotion Act;
(b) Design of buildings under subparagraph 3 of Article 2 of the Certified Architects Act and construction supervision under subparagraph 4 of that Article.
(2) Where a project implementer or a development project implementer under Article 8 of the Act intends to give preferential treatment to a person who has a principal place of business in an area where a project is implemented pursuant to Article 25 of the Act, the implementer shall determine standards for preferential treatment after consulting with the Minister of Economy and Finance in consideration of the nature of the contract, etc.
(3) Where a project implementer and a development project implementer under Article 8 of the Act have determined standards for preferential treatment pursuant to paragraph (2), the implementer shall post the details thereof on the website of the project implementer and the development project implementer under Article 8 of the Act and forward them to the competent Metropolitan City Mayor and Do Governor having jurisdiction over the area where the construction project for a new integrated airport and the development project for the previous site are implemented.
(4) The competent Metropolitan City Mayor and Do Governor shall post the standards for preferential treatment forwarded pursuant to paragraph (3) on the website of the relevant Metropolitan City or Do.
Article 16(Identification of public officials in charge of inspection) #
(1) The certificate under Article 32 (3) of the Act shall include the following matters:
1. The name and affiliation of an inspecting official;
2. The date of issue of the certificate;
3. The name of the issuer;
4. Other matters necessary to indicate that the holder of the relevant certificate is a public official in charge of inspection.
(2) The form of the certificate under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
Article 17(Matters subject to public notice of revocation of permission) #
The public notice under Article 34 (2) of the Act shall include the following matters:
1. The name of a project;
2. The name and address of the implementer of the integrated new airport construction project other than the Minister of Land, Infrastructure and Transport (in cases of a corporation, the name and address of the corporation and the name of its representative);
3. Details and grounds for the disposition or order;
4. Other matters the Minister of Land, Infrastructure and Transport deems it necessary to publicly notify in connection with a disposition or order.
Article 18(Standards for imposition of penalty surcharges) #
The standards for imposition of penalty surcharges such as their amounts under Article 35 (1) of the Act, which vary depending on the types and severity of violations, shall be as specified in the Appendix.
Article 19(Imposition and payment of penalty surcharges) #
(1) When imposing a penalty surcharge under Article 35 (1) of the Act, the Minister of Land, Infrastructure and Transport shall issue a written notification specifying the type of violation and the amount of the relevant penalty surcharge.
(2) Any person in receipt of notice under paragraph (1) shall pay a penalty surcharge to a receiving agency designated by the Minister of Land, Infrastructure and Transport within 20 days from the date of receipt of such notification.
(3) Upon receipt of a penalty surcharge under paragraph (2), the receiving agency shall issue a receipt to the payer and notify the Minister of Land, Infrastructure and Transport of the fact that the penalty surcharge has been paid without delay.