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ENFORCEMENT DECREE OF THE ACT ON NATIONAL DEFENSE AND MILITARY INSTALLATIONS PROJECTS

Wholly Amended by Presidential Decree No. 23529, Jan. 25, 2012

Amended by Presidential Decree No. 26636, Nov. 13, 2015

Presidential Decree No. 27096, Apr. 19, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on National Defense and Military Installations Projects and matters necessary for the implementation thereof.
 Article 2 (Designation, etc. of Project Owners)
(1) Where an entity referred to in any of the subparagraph 4 (a) through (d) (hereinafter referred to as “local government etc.”) of Article 3 of the Act on National Defense and Military Installations Projects (hereinafter referred to as the "Act") need to perform any of the following national defense and military installations projects to execute any public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as "public works"), he/she may request consultation with the Minister of National Defense on such projects:
1. A project to relocate national defense and military installations located in the area where the public works to be executed;
2. A project to install operation facilities replacing the existing operation facilities (referring to facilities necessary for military operations defined in subparagraph 1 (a) of Article 2 of the Act and facilities built in positions defined in subparagraph 1 (d) of the same Article; hereafter the same shall apply in this subparagraph) located adjacent to the area where the relevant public works are executed, the functions of which are lost due to the execution of the public works.
(2) Where the Minister of National Defense has consulted with a local government, etc. on a national defense and military installations project referred to in any of the subparagraphs of paragraph (1), he/she may designate the local government, etc. as the relevant project owner; and where designated, he/she shall notify the person designated as the project owner thereof.
(3) Where any of the following applies to a person designated as the project owner of a national defense and military installations project under paragraph (2), the Minister of National Defense may revoke such designation:
1. Where the project owner fails to apply for approval under Article 4 (1), 6 (1) or 8 (1) of the Act within one year from the date he/she is designated as the project owner of a national defense and military installations project pursuant to paragraph (2);
2. Where it is deemed impracticable for the project owner to execute the national defense and military installations project due to bankruptcy, insolvency, etc.
(4) Where it is necessary to execute a national defense and military installations project due to the integration or re-deployment of military units or des-repair, etc. of the national defense and military installations (excluding where a person referred to in any of subparagraphs 1 through 3 of Article 3 of the Act executes the national defense and military installations project), the Minister of National Defense may consult on such project with a person referred to in any item of subparagraph 4 of Article 3 of the Act (hereinafter referred to as "person subject to consultation").
(5) When the Minister of National Defense holds a consultation under paragraph (4), he/she shall first examine the following matters, and select a person subject to consultation, and matters necessary for the detailed criteria, procedures, etc. for selection shall be separately prescribed by the Minister of National Defense:
1. Funding ability: Financial standing, credit rating, funding plans, etc. of a person subject to consultation;
2. Project ability and a project plan: Ability to execute the project, feasibility of the project plan, etc.;
3. Record on performance of projects and the appropriateness of technical capabilities;
4. Other matters deemed necessary by the Minister of National Defense to execute the national defense and military installations project.
(6) Articles (2) and (3) shall apply mutatis mutandis, where the Minister of National Defense has consulted with a person subject to consultation on a national defense and military installations project referred to in paragraph (4). In such cases, "local government, etc." shall be construed as "person subject to consultation".
 Article 3 (Approval, etc. for National Defense and Military Installations Projects)
(1) Where the owner of a national defense and military installations project under Article 3 of the Act (hereinafter referred to as "project owner") intends to obtain approval of a plan for the national defense and military installations project (hereinafter referred to as "project plan") pursuant to the main body of Article 4 (1) of the Act, he/she shall file an application for approval of project plan in the form prescribed by Ordinance of the Ministry of National Defense, appending a project plan stating the matters referred to in the subparagraphs of Article 4 (2) of the Act.
(2) Where a project owner intends to modify or discontinue his/her project plan under the latter part of Article 4 (1) of the Act, he/she shall file an application with the Minister of National Defense for approval to modify or discontinue his/her project plan in the form prescribed by the Ordinance of the Ministry of National Defense, stating the grounds for and the details of the modification, or grounds for the discontinuation of the project plan.
(3) "Where he/she changes any minor matters prescribed by Presidential Decree" in the latter part of Article 4 (1) of the Act means any of the following:
1. Where the project owner changes the title of a project plan only without changing the details of the project;
2. Where the project owner shortens the duration of project execution by up to one year;
3. Where the project owner changes the project cost by up to ten percent of the total project cost;
4. Where the project owner decreases the project area by up to ten percent of the total project area;
5. Where the project owner changes the address or representative of the project owner;
6. Where the project cost is increased or decreased due to price fluctuations or settlement of accounts;
7. Where the project owner changes the scale, etc. of the site for facilities due to a correction of an error or omission, or based on survey results: Provided, That this shall not apply where the scale of land expropriated or used under Article 5 (1) of the Act is changed.
(4) "Matters prescribed by Presidential Decree, such as a method for execution of the project" in Article 4 (2) 11 of the Act means the following:
1. A topographic map or cadastral map showing the planned project area and the project plan;
2. Necessity for and effects of the project;
3. Execution method of the project;
(5) Where the Minister of National Defense intends to publicly announce a project plan under Article 4 (3) of the Act, he/she shall publish the following matters in a daily newspaper distributed in the prospective project area:
1. Name of the project;
2. Brief description of the project;
3. Location and scale of the planned project area;
4. Duration for project execution;
5. Project owner and his/her address;
6. Details of the land to be expropriated or used under Article 5 (1) of the Act.
(6) The Minister of National Defense shall forward the details of public announcement made under paragraph (5) to the Mayor of the competent Metropolitan Autonomous City, the Governor of the competent Special Self-Governing Province, or the head of the competent Si/Gun/Gu (the head of the competent Gu refers to the head of the competent autonomous Gu; hereinafter the same shall apply) to publicly announce such details in the Official Gazette and on the local government’s web-site to make such details available to the general public for inspection for at least 30 days. <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
(7) Any person who has an opinion on a project plan publicly announced under paragraphs (5) and (6) may submit a written opinion to the Minister of National Defense, the Mayor of a Metropolitan Autonomous City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu during the period for inspection referred to in paragraph (6). <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
(8) Upon receipt of opinions submitted under paragraph (7), the Mayor of the Metropolitan Autonomous City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu shall integrate and submit them to the Minister of National Defense, and even if no opinion is submitted, he/she shall notify the Minister of National Defense of such fact. <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
(9) In receipt of a request for consultation from the Minister of National Defense under Article 4 (3) of the Act, the heads of the related central administrative agencies and local governments shall notify the Minister of National Defense of their opinions on the project plan within 30 days after receipt of such request, in the absence of special circumstances.
(10) The Minister of National Defense shall include matters referred to in the subparagraphs of paragraph (5) when publicly announcing a project plan in the Official Gazette under Article 4 (4) of the Act.
 Article 4 (Approval of Action Plans for National Defense and Military Installations Projects)
(1) Where a project owner intends to obtain approval of the action plan for a national defense and military installations project under Article 6 (1) of the Act (hereinafter referred to as "action plan"), he/she shall file an application for approval of the action plan, accompanied by the action plan stating the matters referred to in subparagraphs of Article 6 (3) of the Act, with the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense.
(2) Where a project owner intends to modify or discontinue an action plan under the main sentence of Article 6 (2) of the Act, he/she shall file an application for approval to modify or discontinue the action plan in the form prescribed by the Ordinance of the Ministry of National Defense, stating the grounds for and the details of the modification, or grounds for the discontinuation.
(3) "Where he/she intends to change any minor matters prescribed by Presidential Decree" in the proviso to Article 6 (2) of the Act means any of the following:
1. Where the project owner changes the title of a project plan only without changing the details of the project;
2. Where the project owner shortens the duration of project execution by up to one year;
3. Where the project owner changes the project cost by up to ten percent of the total project cost;
4. Where the project owner changes the type, scale, location, etc. of equipment or facilities by up to ten percent of the total project cost approved;
5. Where the project owner decreases the project area by up to ten percent of the total project area: Provided, That where the project area approved is increased shall be excluded therefrom;
6. Where the project owner changes the address or representative of the project owner;
7. Where the project cost is increased or decreased due to price fluctuations or settlement of accounts;
8. Where the project owner changes the scale, etc. of the site for facilities due to correction of an error or omission, or based on survey results: Provided, That this shall not apply where the scale of land expropriated or used under Article 5 (1) of the Act is changed.
(4) The Minister of National Defense shall include the following matters when giving public notice of an action plan in the Official Gazette under Article 6 (4) of the Act:
1. Name of the project;
2. Brief description of the project;
3. Location and scale of the planned project area;
4. Duration for project execution;
5. Project owner and his/her address.
 Article 5 (Approval for Building, etc. of National Defense and Military Installations)
(1) A project owner who intends to build construct, overhaul, or change the use (hereinafter referred to as "building, etc.") of national defense and military installations under Article 8 (1) of the Act shall file an application for approval of building, etc., accompanied by the related documents, with the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense
(2) In granting approval for building, etc. under Article 8 (1) of the Act, the Minister of National Defense may seek advice from certified architects or other relevant experts.
(3) Upon granting approval for building, etc. under Article 8 (1) of the Act, the Minister of National Defense shall issue a written approval to the relevant project owner.
 Article 6 (Notification of Matters regarding Approval for Building, etc.)
Where the Minister of National Defense intends to notify the matters regarding approval for building, etc. under Article 8 (2) of the Act, he/she shall forward a copy of the written approval issued under Article 5 (3) to the Mayor of the relevant Metropolitan Autonomous City, the Governor of the relevant Special Self-Governing Province, or the head of the relevant Si/Gun/Gu (in cases falling under the proviso to Article 11 (1) of the Building Act, referring to the relevant Special Metropolitan City Mayor or the relevant Metropolitan City Mayor): Provided, That matters regarding classified national defense information may be notified after being appropriately redacted. <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
 Article 7 (Completion Inspections, etc.)
(1) Upon completing building, etc. of any national defense and military installations, the project owner shall file an application for completion inspection, accompanied by the related documents, with the Minister of National Defense, as prescribed by Ordinance of the Ministry of Defense.
(2) Where a completion inspection applied for under paragraph (1) is passed, the Minister of National Defense shall issue a completion inspection certificate to the relevant project owner.
(3) Upon issuing a completion inspection certificate under paragraph (2), the Minister of National Defense shall notify the results of the completion inspection to the Mayor of the relevant Metropolitan Autonomous City, the Governor of the relevant Special Self-Governing Province, or the head of the relevant Si/Gun/Gu (in cases falling under the proviso to Article 11 (1) of the Building Act, referring to the relevant Special Metropolitan City Mayor or the relevant Metropolitan City Mayor), accompanied by the following documents: Provided, That the Minister need not to notify of matters regarding classified national defense information in any of the following documents or may notify thereof after appropriately redacting them: <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
1. A copy of the completion inspection certificate;
2. An application to register in the building register;
3. A current-state drawing of the relevant buildings.
 Article 8 (Access, etc. to Land, etc. of Third Persons)
"Where a person is unable to consult on compensation for a loss for grounds prescribed by Presidential Decree" in Article 11 (4) of the Act means any of the following cases:
1. Where the land owner or a related person refuses to have consultation without just grounds;
2. Where the identity of the land owner or a related person, his/her address or place of residence, or any other place to which notification can be made is unknown.
 Article 9 (Delegation of Authority)
The Minister of National Defense shall delegate his/her authority over the following matters to the Commander of the Defense Installations Agency under Article 3 of the Decree on the Defense Installations Agency, in accordance with Article 15 of the Act: <Amended by Presidential Decree No. 26636, Nov. 13, 2015; Presidential Decree No. 27096, Apr. 19, 2016>
1. Approval for an action plan and approval for the modification or revocation of such plan as provided for in Article 6 of the Act;
2. Consultation with the head of a relevant administrative agency on any of the matters falling under the subparagraphs of paragraph (1) of Article 7 of the Act pursuant to paragraph (2) of the said Article;
3. Approval for building, etc. under Article 8 of the Act;
4. Completion inspections under Article 9 of the Act;
5. Examination on the suitability of national defense and military installations built before January 25, 2012 pursuant to Article 2 of the Addenda to the Act on National Defense and Military Installations Projects (Act No. 10926) and notification and announcement thereon to the heads of the relevant administrative agencies and the heads of the relevant Sis/Guns/Gus.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Any citation to the former Enforcement Decree of the Act on National Defense and Military Installations Projects or to any provision thereof in any other statute as at the time this Decree enters into force shall be deemed a citation to the corresponding provisions of this Decree, in lieu of the former provisions, if this Decree includes such corresponding provisions.
ADDENDA <Presidential Decree No. 26636, Nov. 13, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 (Transitional Measures concerning Entrustment of Authority over Approval, etc. for Action Plan)
Notwithstanding the amended provisions of Article 9, the former provisions shall apply to applications for approval of an action plan for a national defense and military installations project and approval of modification or discontinuation of such plan, which have been filed, and consultations on constructive authorization, permission, etc. with the heads of relevant administrative agencies which have been conducted, before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27096, Apr. 19, 2016>
This Decree shall enter into force on April 20, 2016.