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ENFORCEMENT DECREE OF THE SPECIAL ACT ON PROMOTION AND SUPPORT FOR SAEMANGEUM PROJECT

Presidential Decree No. 24720, Sep. 9, 2013

Amended by Presidential Decree No. 25358, May 22, 2014

Presidential Decree No. 25704, Nov. 4, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26416, Jul. 20, 2015

Presidential Decree No. 26517, Sep. 11, 2015

Presidential Decree No. 26763, Dec. 28, 2015

Presidential Decree No. 26930, Jan. 22, 2016

Presidential Decree No. 26972, Feb. 11, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28098, jun. 2, 2017

Presidential Decree No. 28190, Jul. 17, 2017

Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on Promotion and Support for Saemangeum Project and matters necessary for the enforcement thereof.
 Article 2 (Scope of Saemangeum Project Area)
"Area prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Special Act on Promotion and Support for Saemangeum Project (hereinafter referred to as the "Act") means any of the following areas: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. An area approved and publicly notified by the Administrator of Saemangeum Development and Investment Agency established under Article 34 of the Act (hereinafter referred to as the "Administrator of the Agency") according to the development plan by land use pursuant to Article 9 of the Act, to use such area as a site for a quarry, borrow pit, etc.;
2. A fishery harbor defined in subparagraph 3 of Article 2 of the Fishing Villages and Fishery Harbors Act (including prearranged area for fishery harbor development); a harbor defined in subparagraph 1 of Article 2 of the Harbor Act (including prearranged area for harbor development); and water-friendly harbor facilities defined in subparagraph 5 (d) of Article 2 of the same Act (including prearranged area for installation thereof) adjoining Saemangeum Sea Wall, which are included in the Master Plan and the approval for plans for the development of which have been obtained;
3. An area designated and publicly notified by the Administrator of the Agency among Gogunsando Islands located in the regions of Sinsido-ri, Munyeodo-ri, and Seonyudo-ri of Okdo-myeon, Gunsan-si, Jeollabuk-do.
 Article 3 Deleted. <by Presidential Decree No. 28098, Jun. 2, 2017>
 Article 4 (Land Use)
"Land for agriculture, industry and research, tourism and leisure, and cities behind the project area, etc. prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means the following land:
1. Farmland (including land for rural cities);
2. Land for industry and research;
3. Land for tourism and leisure;
4. Land for cities behind the project area;
5. Land for the environment and ecology;
6. Land for seawalls, land for waterproofing, and sites adjacent thereto (excluding parts designated for another use; hereafter the same shall apply in Article 35);
7. Land for projects to develop tourist attractions, such as ecological and activity parks, by utilizing quarries and borrow pits (hereinafter referred to as "projects for tourist attractions");
8. Other land recognized by the Administrator of the Agency as necessary to facilitate investment into the Saemangeum Project Area, such as land for international cooperation and mixed use development.
[This Article Wholly Amended by Presidential Decree No. 26972, Feb. 11, 2016]
CHAPTER II IMPLEMENTATION, ETC. OF SAEMANGEUM PROJECT
 Article 5 (Formulation, etc. of Master Plans)
(1) "Matters prescribed by Presidential Decree" in Article 6 (2) 9 of the Act means any of the following matters: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Measures to secure and obtain reclamation soil for reclamation of public waters;
2. Strategies to publicize the Saemangeum Project and to attract investment;
3. Measures to maintain and manage agricultural production infrastructure, such as seawalls and Saemangeumho Lake;
4. Other matters recognized by the Administrator of the Agency as necessary to achieve the objectives of the Saemangeum Project.
(2) "Insignificant alterations prescribed by Presidential Decree" in the proviso to Article 6 (3) of the Act means any of the following:
1. An alteration not exceeding 5/100 of the area of each land use;
2. Amending a land utilization plan referred to in Article 6 (2) 5 of the Act (excluding where the alteration of a plan for expansion of infrastructure under Article 6 (2) 4 of the Act is accompanied), which does not exceed 10/100 of the area of each relevant land use of the special-purpose area (referring to the special-purpose area defined in Article 36 (1) of the National Land Planning and Utilization Act; hereinafter the same shall apply) categorized in the development plan.
 Article 6 (Inter-Regional Infrastructure)
"Inter-regional infrastructure prescribed by Presidential Decree" in Article 7 of the Act means the facilities specified in the attached Table.
 Article 7 (Designation, etc. of Project Implementers)
(1) "Private investors meeting the qualification requirements prescribed by Presidential Decree, such as the amount of capital" in Article 8 (1) 4 of the Act means any of the following persons whose management soundness at least meets the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (excluding those falling under subparagraphs 3 and 5 through 7): Provided, That a corporation that is undergoing rehabilitation under the Debtor Rehabilitation and Bankruptcy Act shall be excluded herefrom: <Amended by Presidential Decree No. 25704, Nov. 4, 2014; Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 28098, Jun. 2, 2017>
1. A person registered in the business category for execution of general construction works under the Framework Act on the Construction Industry, whose amount of capital or appraised value of execution capacity publicly announced under Article 23 of the same Act, is at least the amount of annual average project cost required for the relevant development project (excluding compensation expenses; hereafter the same shall apply in this Article);
2. A person subject to external audit prescribed in Article 2 of the Enforcement Decree of the Act on External Audit of Stock Companies among trust business entities under the Financial Investment Services and Capital Markets Act;
3. A real estate investment company prescribed in the Real Estate Investment Company Act, which meets any of the following criteria and whose debt on financial statements is less than twice the amount of capital based on the investment reports publicly announced pursuant to Article 38 of the same Act; and on which no disposition referred to in Article 39 (2) 1 and (2) of the same Act or subparagraph 1 of Article 41 of the Enforcement Decree of the same Act, has been imposed during the preceding three years:
(a) The amount of the performance of annual average investment and management of assets conducted by methods falling under subparagraphs 1 through 3 and 6 of Article 21 of the Real Estate Investment Company Act during the preceding three years (in cases of an entrusted management real estate investment trust, referring to the annual average of the total amount of entrustment of investment and management recorded by asset management companies that have been entrusted by the relevant real estate investment trust to perform asset investment and management) shall be at least the annual average cost required for the relevant development project;
(b) The amount of capital specified in the business plan referred to in Article 9 (2) 2 of the Real Estate Investment Company Act shall be at least 15/100 of the total project cost required for the relevant development plan;
4. A real estate development business entity under the Act on the Management and Promotion of Real Estate Development Business, which meets all of the following requirements:
(a) Annual average amount of business performed during the recent three years reported to the Minister of Land, Infrastructure and Transport under subparagraph 1 of Article 17 of the Act on the Management and Promotion of Real Estate Development Business shall be at least the annual average project cost required for the relevant development project;
(b) No corrective order shall have been issued pursuant to Article 22 of the Act on the Management and Promotion of Real Estate Development Business; nor any business suspension disposition issued pursuant to Article 24 of the same Act, during the preceding three years;
5. A small and medium enterprise cooperative prescribed in Article 3 of the Small and Medium Enterprise Cooperatives Act that intends to supply all or part of the land created by the Saemangeum Project to the members belonging thereto by means of sale, lease, etc.;
6. Any of the following foreign-capital invested companies established for the purpose of implementing the Saemangeum Project (limited to where the result of the evaluation of corporate bonds or enterprise credit evaluation conducted by a credit rating company authorized to perform credit-rating business under Article 335-3 of the Financial Investment Services and Capital Markets Act; or an internationally recognized foreign credit-rating agency is of at least investment grade, and the equity capital in the recent year is at least 10/100 of the total project cost required for the relevant development project, or the total amount of sale is at least 30/100 of the total project cost required for the relevant development project):
(a) The total of foreign investment ratios of foreign investors referred to in subparagraph 5 of Article 2 of the Foreign Investment Promotion Act shall be at least 50/100;
(b) The amount of foreign investment shall be at least 5/100 of the total project cost required for the relevant development project;
7. A person who meets at least two of the following requirements, including item (a), and the result of the evaluation of whose corporate bonds or enterprise credit evaluation conducted by a credit rating company authorized to perform credit-rating business under Article 335-3 of the Financial Investment Services and Capital Markets Act, or by an internationally recognized foreign credit-rating agency is of at least investment grade:
(a) The equity capital in the preceding year is at least 10/100 of the total project cost required for the relevant development project; or the total sale is at least 30/100 of the total project cost required for the relevant development project (in cases of a corporation falling under Article 8 (1) 5 of the Act, the equity capital in the preceding year shall be at least 2.5/100 of the total project cost or 50 billion won);
(b) The debt ratio in the recent year is less than 1.5 times the industry average;
(c) It shall have accrued net profits for at least two years out of the recent three years.
(2) A person who intends to be designated as a project implementer under Article 8 (1) of the Act shall submit data, including the following matters, to the Administrator of the Agency. The same shall also apply to alteration of any of the following matters: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Type and scale of the project;
2. Name of the intended project implementer (in cases of a corporation, the name of the corporation and the name of its representative) and his/her address;
3. Location and size of the area where the project is to be implemented;
4. Purposes and methods for implementing the project;
5. Period for implementation of the project;
6. Details of projects, including detailed facility plan;
7. A detailed statement on amount of investment and funding plans;
8. Plans for the management and operation of facilities;
9. Revenue and expenditure plan, including use fees;
10. If he/she intends to obtain a government subsidy, the details thereof and reasons therefor;
11. Other matters necessary to implement the project.
 Article 8 (Designation of Joint Implementers)
Joint implementers that intend to implement a development project jointly under Article 8 (2) of the Act (referring to persons enumerated in Article 8 (1) 1 through 3 of the Act; hereinafter the same shall apply) shall be designated as joint implementers by submitting data, including the following information, to the Administrator of the Agency: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Names of the joint implementers;
2. Objectives of the joint implementation of the development project;
3. Outline of the project to be jointly implemented;
4. Matters concerning the financial soundness, securing of equity capital, etc. of the joint implementers;
5. Matters concerning the agreement on allocating duties among the joint implementers.
 Article 9 (Implementation of Development Projects by Proxy)
(1) The scope of duties relating to a development project, of which a public implementer may have a proxy perform under Article 8 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Formulation of a development implementation plan for each land use under Article 11 (1) of the Act (hereinafter referred to as 'implementation plan");
2. Works for reclamation of public waters;
3. Site creation works;
4. Infrastructure (referring to the infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act) works;
5. Sale of the land created.
(2) Where a public implementer intends to have a proxy perform a development project under Article 8 (3) of the Act, it shall submit a plan for the performance of the development project by proxy to the Administrator of the Agency, stating the following matters: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Name of the enterprise intended for a proxy (in cases of a corporation, the name of the corporation and the name of its representative) and its address;
2. An implementation plan including the outline, type, and period for implementation of the development project to be performed by proxy;
3. A funding plan necessary for the development project to be performed by proxy.
 Article 10 (Formulation, etc. of Development Plans)
(1) "Matters prescribed by Presidential Decree" in Article 9 (1) 12 of the Act means the following matters: <Amended by Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 27751, Dec. 30, 2016>
1. A topographic map or cadastral map specifying the development plan;
2. An urban disaster prevention plan;
3. An urban informatization plan;
4. A plan for underground facilities including utility tunnels;
5. A plan for the supply of community energy;
6. A plan for the protection of cultural assets;
7. A plan for securing quarries and borrow pits;
8. An analysis of demand and economic feasibility of land for each use;
9. Other matters recognized by the Administrator of the Agency as necessary under related Acts, etc. referred to in Article 12 of the Act (hereinafter referred to as "related Acts, etc.").
(2) "Important matters prescribed by Presidential Decree" in the latter part of Article 9 (2) of the Act means any of the following matters. In such cases, subparagraphs 1 through 3 shall include cases where the accumulated total of the alterations meets the criteria prescribed in the relevant subparagraph: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. An alteration exceeding 10/100 of the area to be developed or one million square meters;
2. An alteration of a land utilization plan referred to in Article 9 (1) 5 of the Act, which exceeds 10/100 of the relevant area for each use of the special-purpose area classified in the development plan;
3. An alteration of a funding plan in excess of 10/100 of the project cost;
4. Replacement of a project implementer.
(3) Upon approval of a development plan or approval of an amendment thereto under Article 9 (5) of the Act, the Administrator of the Agency shall announce the following matters in the Official Gazette: <Amended by Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 28098, Jun. 2, 2017>
1. Name of the project;
2. Outline of the project plan;
3. Period of project implementation and implementation plan by stage;
4. Project costs;
5. A land utilization plan;
6. A plan for environmental conservation;
7. Name of the project implementer (in cases of a corporation, the name of the corporation and the name of its representative) and his/her/its address;
8. Reasons for alterations (if any);
9. Methods of inspecting related drawings and specifications;
10. Other matters recognized by the Administrator of the Agency as necessary under related Acts, etc.
(4) The head of the related local government shall make the details of copies of the documents related to the development plan approved under Article 9 (5) of the Act, available for perusal by the public for at least 30 days from the date they are received. <Amended by Presidential Decree No. 28098, Jun. 2, 2017>
 Article 11 (Application for Approval, etc. of Implementation Plans)
(1) Pursuant to Article 11 (1) of the Act, a project implementer shall prepare and file an application for approval of an implementation plan, including the matters referred to the subparagraphs of paragraph (2) of the same Article, within two years from the date of approval and public announcement of the development plan: Provided, That the same shall not apply where the project implementer requests extension of the deadline for the application due to any extenuating circumstances acknowledged by the Administer of the Agency. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(2) "Matters prescribed by Presidential Decree" in Article 11 (2) 13 of the Act means the following matters: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. A plan to transfer and replace public facilities, land, etc.;
2. A topographic map or cadastral map specifying the development plan, the scale of which is at least 1/5,000;
3. A document stating the details of the locations, lot numbers, land categories, areas, ownership, and any rights other than ownership of the land, etc., to be expropriated or used, and the names and addresses of their owners and other persons holding the right thereto;
4. Matters concerning the provisions of Article 10 (1) 2 through 7;
5. Other matters recognized by the Administrator of the Agency as necessary to facilitate implementation of the development project for each land use.
(3) The head of a central administrative agency in receipt of a request for consultation about an implementation plan under Article 11 (3) of the Act shall send his/her opinion within 20 days from the receipt thereof; and if he/she fails to send his/her opinion within such period, the implementation plan shall be deemed to have undergone a consultation without objection. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(4) "Important matters of an implementation plan prescribed by Presidential Decree" in the latter part of Article 11 (3) of the Act means any of the following matters. In such cases, subparagraphs 1 through 3 shall include where the accumulated total of the alterations meets the criteria prescribed in the relevant subparagraph: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. An alteration exceeding 10/100 of the area to be developed or one million square meters;
2. Amending a land utilization plan referred to in Article 11 (2) 6 of the Act, which exceeds 10/100 of the relevant area for each use of the special-purpose area classified in the development plan;
3. An revision of project costs in excess of 10/100 thereof;
4. Replacement of a project implementer.
(5) Upon approval of an implementation plan or approval to amend the same under Article 11 (5) of the Act, the Administrator of the Agency shall announce the following matters in the Official Gazette: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Name of the project;
2. Objectives and outline of the project;
3. Location and size of the area where the project is to be implemented;
4. Period of project implementation;
5. A land utilization plan;
6. A plan for management of the environment;
7. Name of the project implementer (in cases of a corporation, the name of the corporation and the name of its representative) and his/her/its address;
8. Reasons for alterations (if any);
9. A document stating the details of the locations, lot numbers, land categories, areas, ownership, and any rights other than ownership of the land, etc. to be expropriated or used, and the names and addresses of its owners and persons holding the right thereto;
10. Methods of inspecting related drawings and specifications;
11. Other matters recognized by the Administrator of the Agency as necessary pursuant to related Acts, etc.
(6) The Governor of Jeollabuk-do shall make the details of the documents related to the development plan, approved or approved for alteration thereof under Article 11 (5) of the Act, available for perusal by the public for at least 30 days from the date they are received, by posting them on the website, or by other means. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
 Article 11-2 (Designation, etc. of General Project Manager)
(1) “Institution designated by Presidential Decree” in Article 12-2 (1) of the Act means any of the following institutions:
1. A public institution prescribed in the Act on the Management of Public Institutions;
2. A local public enterprise prescribed in the Local Public Enterprises Act.
(2) Where the Administrator of the Agency intends to designate a general project manager under Article 12-2 (1) of the Act, he/she shall gather and appraise proposals from persons who intend to be designated, by inviting public participation; and shall make designation in accordance with the result thereof.
(3) "Affairs prescribed by Presidential Decree" in Article 12-2 (2) 7 of the Act means the following affairs:
1. Analysis of locations of enterprises tailored to the demand of enterprises intending to occupy the Saemangeum Project Area;
2. Formulation or amendment of plans for installation of infrastructure;
3. Other matters determined by the Administrator of the Agency.
(4) Details necessary to perform duties of the person designated as the general project manager under Article 12-2 (1) of the Act shall be determined by the Administrator of the Agency.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 12 (Restriction on Acts, etc.)
(1) Acts subject to permission of the Administrator of the Agency under the former part of Article 13 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Construction, etc. of a building: Construction or substantial repair of a building defined in Article 2 (1) 2 of the Building Act (including temporary buildings) or alteration thereof for another use;
2. Erecting structures: Installation of facilities artificially manufactured (excluding the structures under Article 2 (1) 2 of the Building Act);
3. Changing the form and quality of land: Changing the form and quality of land by excavating, backfilling, levelling, paving, etc. the ground, and excavation of land or reclamation of public waters;
4. Gathering earth and rocks: Gathering earth and rocks, such as soil, sand, gravel and rock: Provided, That where such gathering aims at changing the form and quality of land, subparagraph 3 shall apply;
5. Partition of land;
6. Piling goods: Piling up goods that cannot be easily moved, for at least one month;
7. Planting and felling bamboo trees.
(2) Where the Administrator of the Agency intends to grant permission for acts referred to in the subparagraphs of paragraph (1) and where a project implementer is designated, he/she shall hear the opinion of the relevant project implementer. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(3) "Acts prescribed by Presidential Decree" in Article 13 (2) 2 of the Act means countermeasures for accidents or disasters to be taken under the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters, the Framework Act on Fire-Fighting Services; the Act on the Search and Rescue, etc. in Waters, Countermeasures against Natural Disasters Act; and the Framework Act on the Management of Disasters and Safety. <Amended by Presidential Decree No. 26930, Jan. 22, 2016>
(4) A person who intends to file a report with the Administrator of the Agency under Article 13 (3) of the Act shall prepare a report on the status of promoting the construction works or project as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and submit such report to the Administrator of the Agency, along with the following data: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. An application for permission made under the relevant Act and documents evidencing reported matters;
2. Photographs verifying the process as of the reporting date;
3. Drawings and specifications related to the construction works or project, including layout drawings (limited to changing the form and quality of land and gathering earth and rocks, etc.);
4. Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
 Article 12-2 (Sale Price of Remaining Reclaimed Land)
The sale price of remaining reclaimed land under Article 14 (6) of the Act shall be an amount equivalent to 75/100 of the estimated price determined under Article 42 (1) of the Enforcement Decree of the State Property Act. <Amended by Presidential Decree No. 28098, Jun. 2, 2017>
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 12-3 (Consultative Council for Granting Legal Fiction of Authorization, Permission, etc.)
(1) Where the Administrator of the Agency intends to hold a consultative council for granting legal fiction of authorization, permission, etc. under Article 17 (5) of the Act (hereinafter referred to as "consultative council"), he/she shall notify the heads of related administrative agencies of such fact of holding the consultative council by not later than seven days before holding it.
(2) Upon receipt of a notification under paragraph (1), the head of a related administrative agency shall submit his/her opinion at the consultative council about the legal fiction of the authorization, permission, etc. regarding the matters prescribed in Article 17 (1) 1 of the Act: Provided, That where it is impractical to submit his/her opinion about the relevant authorization, permission, etc., because of the need for additional examination of statutes, verification of the fact, etc., the head of the related administrative agency may submit his/her opinion within five days from the date the consultative council is held.
(3) Except as expressly provided for in paragraphs (1) and (2), matters necessary for the operation, etc. of a consultative council shall be determined by the Administrator of the Agency.
[This Article Newly Inserted by Presidential Decree No. 28098, Jun. 2, 2017]
 Article 13 (Infrastructure Subject to Preferential Subsidization)
"Facilities prescribed by Presidential Decree" in Article 19 (2) of the Act means the following facilities: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Expressways, general national highways, local highways, and State-funded local highways that connect the Saemangeum Project Area externally;
2. Main roads within the Saemangeum Project Area;
3. Airports, railroads and harbor facilities;
4. Parks and green areas;
5. Utility tunnel, waterworks, and sewage, and waste disposal facilities;
6. Facilities for supply of integrated energy;
7. Disaster-prevention facilities, such as rivers, storing ponds, and fire prevention facilities;
8. Other infrastructure deliberated on and resolved by the Saemangeum Committee under Article 33 of the Act (hereinafter referred to as the "Saemangeum Committee") as requiring preferential support to invigorate the Saemangeum Project Area.
 Article 14 (Completion Inspections)
(1) A project implementer who intends to undergo a completion inspection under Article 20 (1) of the Act shall submit a construction completion report, including the following matters, to the Administrator of the Agency: Provided, That where only a public water reclamation project defined in subparagraph 4 of Article 2 of the Public Waters Management and Reclamation Act has been implemented, matters referred to in subparagraphs 5 and 6 need not be included: <Amended by Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 28098, Jun. 2, 2017>
1. Name of the project implementer (in cases of a corporation, the name of the corporation and the name of its representative) and his/her/its address;
2. Name of the project;
3. Location and size of the area where the project has been implemented;
4. Period for implementing the project;
5. A land utilization plan;
6. An infrastructure plan.
(2) A construction completion report referred to in paragraph (1) shall be accompanied by the following documents and drawings: <Amended by Presidential Decree No. 28098, Jun. 2, 2017>
1. As-built drawings and specifications (including as-built photographs);
2. Cadastral survey result drawings issued by the head of a Si/Gun;
3. Plan for disposal of created land;
4. A report and drawings on the transfer of public facilities, land, etc. under Article 25 of the Act;
5. Detailed statement of land to be acquired by the project implementer and land, etc. to be transferred to the State or local governments under Article 46 (1) of the Public Waters Management and Reclamation Act and Article 51 of the Enforcement Decree of the same Act (excluding cases falling under Article 14 (4) of the Act);
6. A report on the size of land and a ground plan, by purpose of use.
(3) Where the Administrator of the Agency intends to conduct a completion inspection under paragraph (1), he/she shall notify such fact to the heads of the State agencies or local governments prearranged to acquire or manage the public facilities included in the construction completion report by at least five days prior to the completion inspection date, and the head of a State agency or local government who intends to participate in the completion inspection shall make notification on whether he/she will participate therein by no later than the date before the completion inspection. <Amended by Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 28098, Jun. 2, 2017>
(4) "Specialized inspection institution prescribed by Presidential Decree" in the latter part of Article 20 (1) of the Act means a construction technology service business entity registered under Article 26 of the Construction Technology Promotion Act (limited to where it differs from the supervisor of the relevant project). <Amended by Presidential Decree No. 25358, May 22, 2014>
(5) A project implementer who intends to obtain permission to use any land or facilities created or installed by the Saemangeum Project before they are completed under Article 20 (4) of the Act shall submit the following data to the Administrator of the Agency: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Documents explaining the reasons for, or urgency of, the use before the completion;
2. Progress of development or installation of land or facilities intended to be used;
3. Written opinion of the construction supervisor or superintendent concerning the usability, safety, etc. of the land or facilities to be used;
4. Drawings and photographs showing the completion stage of the land or facilities to be used;
5. Survey drawings indicating the land to be used.
 Article 15 (Public Announcement of Construction Completion)
The completion of construction under Article 21 of the Act shall be publicly announced in the Official Gazette:
1. Name of the project;
2. Name of the project implementer (in the case of a corporation, the name of the corporation and the name of its representative) and his/her/its address;
3. Location and size of the area where the project has been implemented;
4. Completion date of construction;
5. Matters concerning the administrative disposal of major facilities.
 Article 16 (Application for Approval of Plans for Supply of Created Land)
A project implementer who intends to obtain approval of a plan for supply of land created by the Saemangeum Project (hereinafter referred to as "created land") under Article 22 (1) of the Act shall submit a supply plan stating the following matters to the Administrator of the Agency, along with the divided drawing of each created land intended for supply: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Location, area and usage of supply of created land intended for supply;
2. Qualifications for and methods of selecting persons eligible for the supply;
3. Timing, methods and conditions of the supply;
4. Methods of determining supply prices;
5. Methods of publicly announcing the supply and matters to be announced;
6. Other matters recognized by the Administrator of the Agency as necessary to facilitate supply of created land.
 Article 17 (Methods, etc. for Supplying Created Land)
(1) A project implementer who intends to supply created land under Article 22 (1) of the Act shall supply it through competitive bid: Provided, That in any of the following cases, the land can be supplied by lot: <Amended by Presidential Decree No. 26763, Dec. 28, 2015; Presidential Decree No. 27444, Aug. 11, 2016>
1. Land for detached houses, which does not exceed 330 square meters;
2. Land for construction of national housing defined in subparagraph 5 of Article 2 of the Housing Act;
3. Land for construction of private rental housing defined in subparagraph 2 of Article 2 of the Special Act on Private Rental Housing or public housing defined in subparagraph 1-2 of Article 2 of the Special Act on Public Housing;
4. Industrial land.
(2) Notwithstanding paragraph (1), created land may be supplied by free contract in any of the following cases: Provided, That where the quantity applied for supply exceeds the planned quantity when the land is supplied under subparagraph 4, it shall be supplied by lottery: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Where land for public facilities, such as land for public office buildings and school facilities, that cannot be sold to the general public is supplied to the State, a local government or any other person able to install the relevant facilities under statutes;
2. Where the minimum area of land necessary to maintain and manage facilities to be maintained in accordance with the implementation plan is supplied;
3. Where land not exceeding 330 square meters is supplied to a person who has transferred, to the relevant project implementer, all the land owned by him/her (limited to where the area of the relevant land is at least 1,000 square meters; and including any goods or rights falling under Article 3 of the same Act which exist on the relevant land) within the zone where a projet implementer executes a development project, accepting the result of the consultation held under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (limited to where the land has been owned since before the date of public notification of the approval of an implementation plan under Article 11 (5) of the Act; and if the land has been owned thereafter, including where all the land owned by a former owner within the zone for development project to be implemented by the relevant project implementer has been acquired from him/her and where the land has been acquired by a court decision or inheritance);
4. Where industrial land or land for tourism and leisure is supplied to a foreign-capital invested company;
5. Where there has been no successful bidder or lottery winner at least twice, following competitive bidding or drawing lotteries;
6. Where land is supplied to an enterprise that has concluded an investment agreement with the Administrator of the Agency in accordance with the strategy to invite investments included in the Master Plan;
7. Other cases where land is eligible to be supplied by free contract under related statutes.
(3) In supplying created land, the project implementer may restrict the qualifications of persons to whom land for the specific facilities determined by the Administrator of the Agency, such as land for school facilities and medical facilities, is supplied. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(4) In determining the prices of created land, the project implementer may determine different prices by land use, supply conditions, and objects to be supplied, for the development of the Saemangeum Project Area.
(5) Where a project implementer intends to supply created land, he/she shall announce the following matters by no later than ten days (five days, in cases of urgency or resupply) before the deadline for the application for supply: Provided, That the same shall not apply to where the objects of supply are limited, in such cases as the land is to be supplied by a free contract under paragraph (2) or the qualifications of the objects of supply are restricted under paragraph (3):
1. Name of the project implementer (in cases of a corporation, the name of the corporation and the name of its representative) and its address;
2. Location, area and use (where any prohibition or restriction is imposed on the land use, including the details of the prohibition or restriction) of the created land;
3. Timing, methods and conditions for supply;
4. Supply prices;
5. Period and venue for filing applications for supply;
6. Qualification for application for supply;
7. Documents required for filing an application for supply.
(6) Detailed standards for the methods of supply, supply prices, etc. where created land is supplied under paragraphs (1) through (4), shall be separately determined and publicly notified by the Administrator of the Agency. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(7) Notwithstanding paragraphs (1) through (6), the supply of land created by an agricultural infrastructure rearrangement project defined in subparagraph 4 (a) of Article 2 of the Agricultural and Fishing Villages Improvement Act shall be governed by Article 14 (1) through (4) of the same Act and Articles 12 through 22 of the Enforcement Decree of the same Act. <Amended by Presidential Decree No. 28098, Jun. 2, 2017>
 Article 18 (Application, etc. for Approval of Supply Plan of Undeveloped Land)
(1) A project implementer who intends to obtain approval of a plan for supplying undeveloped land under Article 22 (1) of the Act shall submit a supply plan thereof, stating the following matters, to the Administrator of the Agency, along with a topographic map indicating the boundary of the undeveloped land to be supplied: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Location, area and purposes of supply of the undeveloped land to be supplied;
2. Matters concerning the person who intends to receive and develop the undeveloped land (hereinafter referred to as "undeveloped land developer");
3. A plan for developing undeveloped land, including a plan for accommodating population in the undeveloped land; a land use plan, a traffic management plan, an environment conservation plan; a plan for installing major infrastructure; and other plans for use of undeveloped land;
4. Conditions for use of undeveloped land;
5. Estimated supply prices and major terms and conditions of the contract;
6. Other matters recognized by the Administrator of the Agency as necessary for the smooth supply of undeveloped land.
(2) An undeveloped land developer under Article 22 (5) of the Act shall be selected by free contract.
(3) Supply prices of undeveloped land under Article 22 (5) of the Act shall be determined, following consultation between the project implementer and the undeveloped land developer, based on the amount obtained by adding the construction cost of infrastructure, etc. installed by the project implementer on the undeveloped land to the appraised value of the undeveloped land reflected in the implementation plan. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(4) The scope of duties of a project implementer and an undeveloped land developer under Article 22 (5) of the Act shall be determined by supply contact; and a project implementer shall take charge of the duties prescribed by related statutes, such as applying for authorization, permission, etc. for creation of undeveloped land.
 Article 19 (Supply of Land Created by Developing Undeveloped Land)
(1) Where any land created by developing undeveloped land falls under any of the following land, the undeveloped land developer may supply the relevant land. In such cases, the scope of the land that may be supplied shall not exceed 50/100 of the created land: <Amended by Presidential Decree No. 25704, Nov. 4, 2014; Presidential Decree No. 26972, Feb. 11, 2016>
1. Land for public facilities, such as land for public office buildings and school facilities, that cannot be sold to the general public;
2. Minimum area of land necessary for the maintenance and management of facilities to be retained;
3. Other land supplied as the Administrator of the Agency deems that it constitutes land for installation of facilities which are difficult for the undeveloped land developer to install or operate.
(2) Where an undeveloped land developer supplies land created after receiving undeveloped land, Article 17 (excluding paragraph (2) 3) shall apply mutatis mutandis to the methods of supply, restriction on qualifications of the objects of supply, supply prices, etc. In such cases, "project implementer" in Article 17 shall be construed as "undeveloped land developer."
 Article 20 (Rescindment, etc. of Contract to Supply Undeveloped Land)
Where any of the grounds prescribed in each subparagraph of Article 22 (4) of the Act arises, a project implementer may require the undeveloped land developer to rectify it on at least two occasions, fixing a reasonable period for such rectification and, if the undeveloped land developer fails to rectify it until the lapse of the period, rescind the contract to supply undeveloped land. In such cases, the undeveloped land developer may present his/her opinion on the project implementer's demand for rectification.
 Article 21 (Advance Payment)
(1) A project implementer who intends to receive payment of the price in advance under Article 23 (1) of the Act shall meet the requirements classified as follows: <Amended by Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 27751, Dec. 30, 2016>
1. A project implementer falling under any of Article 8 (1) 1 through 3 of the Act: It must first have obtained approval of the implementation plan of the relevant development project from the Administrator of the Agency;
2. A project implementer falling under Article 8 (1) 4 of the Act: It shall meet all of the following requirements after obtaining approval of the implementation plan of the relevant development project from the Administrator of the Agency:
(a) It shall secure ownership of the created land, etc. (referring to the "created land, etc." under Article 22 (1) of the Act; hereinafter the same shall apply) intended for supply (excluding where no ownership is verified due to the execution of a reclamation project) and ensure that there shall be no fetter on the exercise of the ownership thereof by cancelling or settling mortgages, etc. on the relevant created land, etc., if any: Provided, That where it fails to secure ownership of or to cancel or settle mortgages, etc. on the relevant created land, etc. in any extenuating circumstance, the project implementer, owner, mortgagees, etc. of the land shall submit a joint agreement including the following matters to the Administrator of the Agency after authenticating the agreement:
(i) The landowner shall not transfer the relevant created land, etc. or provide it to any third party as collateral;
(ii) Where a person who has made an advance payment becomes able to use the relevant created land, etc. by undergoing a completion inspection or obtaining permission to use it before receiving a completion inspection, the landowner or mortgagee, etc. shall promptly transfer the ownership and cancel or settle mortgages, etc.;
(b) The project to develop created land, etc. intended for supply shall have been commenced;
(c) To guarantee the refund of the advance payment in cases of a failure to fulfill a supply contract, the project implementer shall submit a letter of guarantee, etc. (referring to a letter of guarantee, a guarantee insurance policy, a term deposit certificate, a beneficiary certificate, etc. under Article 37 (2) of the Enforcement Decree of the Act on Contracts to which the State Is a Party; hereafter the same shall apply in this Article), stating the guaranteed or insured amount, period, etc., to the Administrator of the Agency;
3. A project implementer falling under Article 8 (1) 5 of the Act: It shall have commenced the development project after securing ownership of at least 30/100 of the area of created land, etc. intended for supply with approval of the implementation plan of the relevant development project granted by the Administrator of the Agency (excluding where no ownership is confirmed due to execution of a reclamation project).
(2) Upon receipt of an application for approval for receipt of an advance payment under Article 23 (2) of the Act from a project implementer, the Administrator of the Agency shall determine whether to approve it and notify the project implementer of the result. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(3) Where a project implementer fails to execute the project pursuant to the supply contract or is deemed to lack capability to perform it after receiving an advance payment, the Administrator of the Agency may use the relevant letter of guarantee, etc. for the refund of the advance payment. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
 Article 22 (Transfer of Jurisdiction of Public Facilities, etc.)
"Facility prescribed by Presidential Decree" in Article 25 (1) of the Act means agricultural production infrastructure registered with a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu under Article 17 of the Agricultural and Fishing Villages Improvement Act.
 Article 23 (Payment of Sale Prices of State or Public Property)
(1) The State and a local government may allow a project implementer to amortize the prices of the State or public property sold to the project implementer under Article 26 (4) of the Act in installments within 20 years. In such cases, the interest rate applicable to the remaining balance of the sale price shall not exceed four percent per annum.
(2) Except as expressly prescribed in paragraph (1), payment of the sales prices of the State or public property shall be governed by the provisions of the State Property Act and the Public Property and Commodity Management Act.
 Article 24 (Public Notification of Revocation, etc. of Designation of Project Implementer)
In making a public notification of the revocation, etc. of designation of a project implementer in the Official Gazette under Article 27 (2) of the Act, the Administrator of the Agency shall specify the following matters: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Name of the project;
2. Name of the project implementer (in the case of a corporation, the name of the corporation and the name of its representative) and its address;
3. Objectives and outline of the project;
4. Period for implementing the project;
5. Location and size of the area where the project has been implemented;
6. Grounds for revocation, etc.
CHAPTER III ENVIRONMENTAL MANAGEMENT OF SAEMANGEUM PROJECT AREA
 Article 25 (Annual Investment Plans to Reduce Water Quality Pollution)
An annual investment plan shall include the following matters pursuant to Article 30 (3) of the Act:
1. Outline of the project (name of the project, objectives of the project, details of the project, required project costs, period of implementing the project, project implementer, etc.);
2. The method for actually performing, and a plan for, annual investment;
3. A detailed implementation plan for the relevant year;
4. A funding plan;
5. Other matters deliberated on by the Saemangeum Committee concerning the projects to reduce pollution of water.
 Article 26 (Designation and Management of Special Management Areas)
(1) The Minister of Environment may designate a special management area pursuant to Article 32 of the Act where it is likely to cause significant harm to residents' health or property or the growth and development of living things by exceeding the criteria for water quality and hydroecology, or local environmental standards referred to in Article 12 (1) or (3) of the Framework Act on Environmental Policy.
(2) Where the Minister of Environment designates a special management area under paragraph (1), he/she shall determine and publicly notify the designated area, period of designation, etc. The same shall also apply to modification of any matter publicly notified.
(3) Where the Minister of Environment deems it necessary to revoke designation because the grounds for designation cease to exist or it is deemed necessary to revoke designation after attaining the purposes thereof, he/she may rescind the designation of the special management area in whole or in part.
(4) The Minister of Environment shall inspect a special management area at least once a month, and keep records and maintain the results thereof.
CHAPTER IV ORGANIZATIONS TO PROMOTE SAEMANGEUM PROJECT
 Article 27 (Organization, etc. of Saemangeum Committee)
(1) Members of the Saemangeum Committee under Article 33 (4) of the Act are as follows: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
1. The Minister of Strategy and Finance, The Minister of Science and ICT, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, The Minister of the Office of Government Coordination, the Administrator of the Agency, and the Governor of Jeollabuk-do;
2. Persons commissioned by the Prime Minister from among civilian experts in academic circles, research institutes, civic groups, etc. in the fields of agriculture, environment, maritime affairs, urban affairs or culture, who have extensive knowledge of and experience in the relevant field.
(2) Each of the co-chairpersons prescribed in Article 33 (4) of the Act (hereinafter referred to as "co-chairpersons") shall represent the Saemangeum Committee, respectively, and exercise overall control over its affairs.
(3) Where both of the co-chairpersons are unable to perform any of their duties in extenuating circumstances, a member pre-designated by the chairperson who is the Prime Minister shall act on their behalf.
(4) The terms of office of a chairperson commissioned by the President under Article 33 (4) of the Act and members commissioned under paragraph (1) 2 of this Article shall be two years, respectively. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(5) A majority of the members of the Saemangeum Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present.
(6) A co-chairperson may have the heads, etc. of institutions and local governments related to the agenda submitted to the Saemangeum Committee attend and speak at a meeting thereon.
(7) Except as expressly prescribed in this Decree, matters necessary for the operation of the Saemangeum Committee shall be determined by the co-chairpersons, following resolutions made by the Saemangeum Committee.
 Article 27-2 (Exclusion, Challenge and Recusal of Members)
(1) If a member of the Saemangeum Committee falls under any of the following cases, he/she shall be excluded from deliberation of the relevant agenda item:
1. Where he/she, or a person who is or was his/her spouse, becomes a party to the relevant agenda (where the party is a corporation, organization, etc., including the executives thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda;
2. Where he/she is a relative of a party to the relevant agenda;
3. Where he/she has given any testimony, statement or advice, or has conducted any research, service or appraisal, with respect to the relevant agenda item;
4. Where he/she or any corporation, organization, etc. where he/she belongs is or was an agent of a party to the relevant agenda item.
(2) If any ground exists for which it would be difficult to expect the impartial deliberation and resolution of any member, a party to the relevant agenda may file a request to challenge him/her with the Committee, and the Committee shall resolve thereon. In such case, the member subject to such request for challenge shall not participate in the resolution.
(3) Where a member falls under any cause for recusal referred to in subparagraphs of paragraph (1), he/she shall voluntarily abstain from the deliberation and resolution on the relevant agenda item.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 27-3 (Dismissal of Members)
Where a member commissioned under Article 27 (1) 2 falls under any of the following cases, the Prime Minister may dismiss such member from his/her office:
1. Where he/she becomes incapable of performing his/her duties due to mental incapacity;
2. Where he/she commits any irregularity in connection with his/her duties;
3. Where he/she is deemed unfit as a member due to neglect of duties, injury to dignity, or any other reason;
4. Where he/she fails to refrain himself/herself despite that he/she falls under a case set forth in any subparagraph of Article 27-2 (1);
5. Where he/she speaks his/her own mind that it is difficult for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 28 (Minutes)
(1) The executive secretary of the Saemangeum Committee shall prepare and keep minutes of meetings of the Saemangeum Committee.
(2) Minutes referred to in paragraph (1) shall contain details of each meeting; and the co-chairpersons and the executive secretary shall write their names thereon and seals the same.
 Article 29 (Subcommittees)
(1) The organization of the subcommittees referred to in Article 33 (7) and (8) of the Act and the matters to be deliberated on by each subcommittee shall be as follows:
1. Subcommittee on Land Development: Matters concerning the implementation of projects by land use and the installation of infrastructure;
2. Subcommittee on Environmental Measures: Matters concerning measures to improve water quality and the environment.
(2) Each subcommittee shall be comprised of up to ten members including one chairperson.
(3) The chairperson and members of each subcommittee shall be commissioned by the co-chairpersons.
(4) The chairperson of each subcommittee shall represent the relevant subcommittee, and convoke and preside over the subcommittee meetings.
(5) The chairperson of each subcommittee shall submit the matters resolved by the subcommittee to the Saemangeum Committee.
(6) A majority of the members of each subcommittee shall constitute a quorum, and any resolution thereby shall require the concurring vote of at least a majority of those present.
(7) Except as expressly prescribed in this Decree, matters necessary for operating subcommittees shall be determined by co-chairpersons, following resolution by the Saemangeum Committee.
 Article 30 (Allowances, etc.)
Members and staff members of the Saemangeum Committee or subcommittees, and other related experts may be paid allowances, and reimbursed travel expenses and other necessary expenses, within budgetary limits: Provided, That the same shall not apply where a public official attends a meeting of the Saemangeum Committee or a subcommittee in direct connection with his/her competent duties.
 Article 30-2 (Saemangeum Project Support Bureau)
(1) The Saemangeum Project Support Bureau established under Article 33-2 of the Act (hereinafter referred to as the "Support Bureau") shall perform the following duties:
1. Matters concerning the organization and operation of the Saemangeum Committee or subcommittees;
2. Coordination of opinions on pending issues regarding policies on projects related to multiple Ministries;
3. Coordination of major policies, including policies for agricultural and nonagricultural sectors, and development and environmental management;
4. Coordination of policies on attracting investment among related Ministries;
5. Management of conflicts over the Saemangeum Project between the central government and local governments, and among residents;
6. Support to the administrative system for improving water quality control of Saemangeumho Lake.
(2) Where necessary to perform its duties, the Support Bureau may request the related administrative agencies and other related institutions, organizations, etc. to dispatch public officials or executive officers or employees belonging thereto.
(3) Except as prescribed in paragraphs (1) and (2), matters necessary for the operation of the Support Bureau shall be determined by the Prime Minister.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 31 (Duties of Administrator of the Agency)
"Duties prescribed by Presidential Decree" in subparagraph 16 of Article 35 of the Act means the duties of installing or managing infrastructure in the Saemangeum Project Area.
 Article 31-2 (Scope, etc. of Partner Companies of Foreign-Capital Invested Companies)
(1) "Enterprise prescribed by Presidential Decree" in Article 45-2 (1) of the Act, other than each subparagraph, means an enterprise meeting all of the following requirements:
1. Its size of investment in the Saemangeum Project Area shall be at least one billion won or the number of regular employees shall be at least ten persons;
2. It shall be an enterprise that has any of the following relations with a foreign-capital invested company and shall be acknowledged by the Administrator of the Agency as maintaining a partnership therewith:
(a) It shall have a record of purchasing or selling raw materials, products or services;
(b) It shall have entered into a contract to provide or introduce technologies, or to conduct joint research and development of technologies;
(c) It shall have a cooperative relationship with a foreign-capital invested company in terms of management;
3. It shall not have received any support under Article 14 or 14-2 of the Foreign Investment Promotion Act.
(2) "Funds acknowledged by Presidential Decree" in Article 45-2 (1) 5 of the Act means funds acknowledged by the Administrator of the Agency as necessary for getting settled at an early stage.
(3) A person who intends to receive financial support under Article 45-2 (1) of the Act shall submit an application to the Administrator of the Agency, along with an investment plan including the following:
1. Total amount to be invested in the Saemangeum Project Area and the details of investment;
2. Scale of employment;
3. Ripple effects of technology;
4. Degree of contribution to the local economy;
5. Other matters determined and publicly notified by the Administrator of the Agency.
(4) Upon receipt of an application filed under paragraph (3), the Administrator of the Agency shall determine whether to provide financial support, following negotiation with the applicant and deliberation and resolution by the Saemangeum Committee.
(5) Where it is determined to provide financial support pursuant to paragraph (4), the Administrator of the Agency may pay the relevant funds in lump sum within one year from the date on which the support is determined, or in not exceeding ten installments, for a period not exceeding five years.
(6) Except as prescribed in paragraphs (1) through (5), detailed matters necessary for financial support, etc. shall be determined by the Administrator of the Agency, following deliberation by the Saemangeum Committee.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
CHAPTER V SUPPORT FOR SAEMANGEUM PROJECT
 Article 32 (Lease of Land, Buildings, etc.)
(1) "Enterprises ---<Omitted>--- prescribed by Presidential Decree" in the former part of Article 46 (1) of the Act means any of the following enterprises, the amount invested into which is at least one billion won (where the enterprise is not a small or medium enterprise prescribed in Article 2 (1) of the Framework Act on Small and Medium Enterprises or a middle-standing enterprise defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises, at least 30 billion won): <Amended by Presidential Decree No. 28098, Jun. 2, 2017>
1. An enterprise operating any of the following businesses or industries:
(a) Tourism business defined in subparagraph 1 of Article 2 of the Tourism Promotion Act;
(b) Cultural industries defined in subparagraph 1 of Article 2 of the Framework Act on the Promotion of Cultural Industries;
(c) An industry that produces electricity by using new energy defined in subparagraph 1 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy or renewable energy defined in subparagraph 2 of the same Article;
(d) Knowledge-based industries defined in subparagraph 8 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;
(e) An information and communications technology industry defined in subparagraph 2 of Article 2 of the Information and Communications Technology Industry Promotion Act;
(f) Business operated by establishing a superstore defined in subparagraph 3 of Article 2 of the Distribution Industry Development Act;
(h) Business that operates youth training facilities prescribed in subparagraph 1 of Article 10 of the Juvenile Activity Promotion Act;
(i) Business that operates a medical institution established under Article 33 of the Medical Service Act (excluding any medical clinic, dental clinic, oriental medical hospital, and midwifery clinic);
(j) Business that operates a training center referred to in subparagraph 10 (b) of attached Table 1 of the Enforcement Decree of the Building Act;
2. Except for the business and industries prescribed in items of subparagraph 1, an enterprise that operates any of the following businesses, from among those classified in Sectors of the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea in accordance with Article 22 of the Statistics Act:
(a) Manufacturing;
(b) Electricity, gas, steam and water supply;
(c) Wholesale and retail trade;
(d) Transportation;
(e) Accommodation and food service activities;
(f) Publication, video, broadcasting communication, and information services;
(g) Professional, scientific and technical activities;
(h) Business facilities management and supporting business;
(i) Education;
(j) Human health and social welfare services;
(k) Arts, sports and recreation-related services;
3. Other enterprises that operate a line of business separately determined and publicly notified by the Administrator of the Agency to facilitate the implementation of the Saemangeum Project.
(2) "The Saemangeum Project Area prescribed by Presidential Decree" in the former part of Article 46 (1) of the Act means the area defined in subparagraph 1 of Article 2 of the Act.
 Article 32-2 (Support for Private Investment Promotion Projects)
(1) "Right to develop adjacent land prescribed by Presidential Decree" in Article 48 (1) 3 of the Act means the qualifications to execute the following projects: <Amended by Presidential Decree No. 27444, Aug. 11, 2016>
1. A tourism complex development project defined in Article 54 of the Tourism Promotion Act;
2. An urban development project defined in Article 2 (1) 2 of the Urban Development Act;
3. An industrial complex development project defined in subparagraph 9 of Article 2 of the Industrial Sites and Development Act;
4. A housing construction project and housing site preparation project under Article 15 of the Housing Act;
5. A housing site development project defined in subparagraph 4 of Article 2 of the Housing Site Development Promotion Act.
(2) "Matters prescribed by Presidential Decree" in Article 48 (1) 4 of the Act means the following matters:
1. Vicarious execution of the affairs related to the plans to relocate residents and the compensation for loss;
2. Other matters necessary to facilitate development projects of private investors.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 33 (Special Cases to Period, etc. for Public Announcement of Designation of Areas, Districts, etc.)
The period for public announcement under Article 52 of the Act shall be three years from the date of designation of an area, district, etc.: Provided, That where it is difficult to publicly notify the topographic map because administrative districts are not finalized, it shall be two years from the date of finalization of the administrative districts.
 Article 34 (Preferential Treatment to Local Enterprises)
(1) "Contract for construction, items, services, etc. prescribed by Presidential Decree" in Article 53 of the Act means any of the following contracts:
1. A construction contract: A contract for general construction works or specialized construction works defined in the Framework Act on the Construction Industry; an electrical construction defined in the Electrical Construction Business Act; an information and communications construction project defined in the Information and Communications Construction Business Act; or fire-fighting system installation defined in the Fire-Fighting System Installation Business Act;
2. A contract to manufacture or purchase articles: A contract to manufacture or purchase various types of equipment, materials, machinery, office equipment, computer equipment, etc. to execute the construction works referred to in subparagraph 1;
3. A service contract: A service contract for engineering activities defined in the Engineering Industry Promotion Act or for design of a building and construction supervision under the Certified Architects Act.
(2) A project implementer shall determine the standards for preferential treatment of local enterprises, following consultation with the Minister of Strategy and Finance and the Minister of the Interior and Safety, taking the characteristics, etc. of the contract into consideration. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(3) A project implementer shall post the standards for preferential treatment of local enterprises determined pursuant to paragraph (2) on its website; and may request the Governor of Jeollabuk-do to post them on the website of Jeollabuk-do. In such cases, the Governor of Jeollabuk-do shall comply therewith, except in extenuating circumstances.
CHAPTER VI CREATION OF FARMLAND AND MANAGEMENT OF AGRICULTURAL INFRASTRUCTURE
 Article 35 (Scope of Creation of Farmland, etc.)
The scope of land use and zones in which the Minister of Agriculture, Food and Rural Affairs can directly implement projects and perform affairs under Article 54 (1) and (2) of the Act shall be as follows: <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
1. Farmland: All zones;
2. Land for rural cities: All zones;
3. Land for the environment and ecology: Zones determined to belong to the jurisdiction of the Minister of Agriculture, Food and Rural Affairs in the Master Plan;
4. Land for seawalls, land for waterproofing, sites adjacent thereto, and land for projects for tourist attractions: All zones.
 Article 36 (Protection and Management of Agricultural Infrastructure)
(1) Public institutions prescribed by Presidential Decree" in Article 55 (2) of the Act means the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter referred to as the "Korea Rural Community Corporation").
(2) "Acts prescribed by Presidential Decree" in Article 55 (3) 3 of the Act means the following activities:
1. Prohibition of activities that use water or surface of the water of Saemangeumho Lake without permission;
2. Restriction on, or prohibition of installation, of facilities likely to impede the functions of the agricultural infrastructure, etc. referred to in Article 55 (1) of the Act (hereinafter referred to as "agricultural infrastructure, etc.");
3. Installation of signs and safety facilities necessary to protect and manage agricultural infrastructure, etc.
 Article 37 (Revenues)
"Revenues prescribed by Presidential Decree" in Article 56 (1) 3 of the Act means the following revenues:
1. Subsidies, loans and debts;
2. Revenues from operating created funds;
3. Revenues from using agricultural infrastructure, etc. for purposes other than its original purpose.
 Article 38 (Entrustment of Operation and Management of Finances for Maintenance and Management)
(1) "Public institutions prescribed by Presidential Decree" in Article 56 (3) of the Act means the Korea Rural Community Corporation.
(2) Pursuant to Article 56 (3) of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the following affairs to the Korea Rural Community Corporation:
1. Affairs related to accounting concerning the operation and management of finances for maintenance and management;
2. Affairs related to the creation and management of finances under Article 56 (1) of the Act;
3. Other affairs determined by the Minister of Agriculture, Food and Rural Affairs concerning the operation and management of financial resources for maintenance and management.
(3) The Korea Rural Community Corporation shall keep accounting of the financial resources for maintenance and management separately from other accounting, to clarify the operation and management of financial resources for maintenance and management the accounting of which have been entrusted thereto.
 Article 39 (Prior Consultation about Profit-Making Business)
(1) The business that the Minister of Agriculture, Food and Rural Affairs is obligated to consult over in advance with the Administrator of the Agency under Article 57 (2) and (3) of the Act shall be profit-making business to be performed at an area of at least ten square meters developed for the purposes of tourism, resort and leisure. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(2) Where the Minister of Agriculture, Food and Rural Affairs intends to pre-consult with the Administrator of the Agency under Article 57 (2) and (3) of the Act, he/she shall forward the documents on the plan to develop the relevant profit-making business to the Administrator of the Agency. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(3) Upon receipt of a request for consultation over profit-making business under paragraph (2), the Administrator of the Agency shall provide his/her opinion within 20 days; and if he/she fails to provide his/her opinion within such period, the consultation shall be deemed made. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
CHAPTER VII IMPROVEMENT OF INVESTMENT ENVIRONMENT FOR FOREIGNERS AND FOREIGN-CAPITAL INVESTED COMPANIES
 Article 40 Deleted. <by Presidential Decree No. 26972, Feb. 11, 2016>
 Article 41 (Reduction or Exemption, etc. of Rents for State or Public Property)
(1) Where rents for State property are reduced or exempted under Article 58 (4) of the Act, the rents for the relevant national property shall be determined by the head of a central government agency defined in Article 6 of the National Finance Act (hereinafter referred to as "head of a central government agency"); and the amount thereof shall be obtained by multiplying the value of property calculated pursuant to Article 29 (2) of the Enforcement Decree of the State Property Act by a rate of at least 1/100.
(2) Such details as businesses eligible for reduction or exemption of rents for public property and reduction rate of rents under Article 58 (4) of the Act shall be prescribed by ordinance of the relevant local government taking into account the creation of employment and the effect on the invigoration of regional economy.
(3) A relocating foreign-capital invested company that intends to be granted reduction or exemption of rents for State or public property under Article 58 (4) of the Act shall file an application for the reduction or exemption with the head of the central government agency or the head of the local government concerned. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(4) When the State or a local government sells any State or public property under Article 58 (5) of the Act to a relocating foreign-capital invested company, if it is deemed impracticable for a purchaser to pay the purchase price in lump sum, it may be allowed to postpone the payment deadline or to pay in installments as classified below. In such cases, the applicable interest rate shall not exceed four percent per annum:
1. In the case of a State property: To postpone the deadline for payment by up to one year or to pay in installments within 20 years;
2. In the case of a public property: To postpone the deadline for payment or to pay in installments as prescribed by municipal ordinance.
(5) Except as expressly prescribed in the Act and this Decree, the use of or profiting from State and public property, or the lease or sale of such property under Article 58 (5) of the Act shall be governed by the provisions of the State Property Act and the Public Property and Commodity Management Act.
 Article 41-2 (Exclusion from Application of other Acts to Relocating Foreign-Capital Invested Companies)
"Land prescribed by Presidential Decree, such as land for industry and research, and tourism and leisure" in the former part of Article 58-2 (1) of the Act means the following land:
1. Land for tourism and leisure;
2. Land for industry and research.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 42 (Special Supply of Housing to Foreigners)
"Foreigners prescribed by Presidential Decree" in the main sentence of Article 59 of the Act means any of the following persons:
1. Employees of relocating foreign-capital invested companies;
2. Any of the following persons confirmed by the Governor of Jeollabuk-do:
(a) Teachers or employees of foreign educational institutions established under Article 61 of the Act;
(b) Employees of foreign medical institutions or foreigner-only pharmacies established under Article 62 of the Act;
(c) Childcare and teaching staff of foreigner-only childcare centers established under Article 65 of the Act;
(d) Faculty members or employees of foreign university education programs established under Article 66 of the Act;
(e) Employees of the United Nations organizations located in the Saemangeum Project Area; international economic cooperative organizations defined in Article 2 (1) of the Enforcement Decree of the Foreign Investment Promotion Act; and other international organizations.
 Article 43 (Provision of Foreign Language Services)
(1) In principle, the foreign language services under Article 60 (1) of the Act shall be provided in English, but other foreign languages may be used where deemed necessary.
(2) The scope of foreign language services to be provided pursuant to Article 60 (2) of the Act shall be as follows:
1. Statutes related to the Saemangeum Project;
2. Matters related to the implementation of the Saemangeum Project;
3. Various business manuals and guidance materials prepared by administrative agencies in regard to the implementation of the projects;
4. Documents to be sent to foreigners (including foreigners' organizations; hereafter the same shall apply in this Article) in the Saemangeum Project Area;
5. Replies to official documents submitted by foreigners in the Saemangeum Project Area;
6. Settlement of inquires and grievances reported by foreigners in the Saemangeum Project Area;
7. Various announcements and public notifications made by law;
8. Other matters deemed necessary for foreigners' convenience.
(3) Upon request by a foreigner, a related administrative agency shall provide materials falling under each subparagraph of paragraph (2) after translating them into English, and may provide interpretation services, if necessary.
(4) To provide foreign language services prescribed in each subparagraph of paragraph (2), a related administrative agency shall despatch necessary specialists, such as interpreters and translators, or prepare and keep related materials, etc.
(5) Upon request by a foreigner in the Saemangeum Project Area, a related administrative agency may assist him/her in the processing of civil affairs administration, such as the preparation and submission of documents requesting civil services.
 Article 44 (Appointment of Foreign Teachers, etc.)
(1) The qualifications for appointment of a foreign teacher necessary for the operation of educational courses of an international high school referred to in Article 61 (6) of the Act (hereinafter referred to as "international high school") shall be as follows:
1. A person who meets the qualifications prescribed in Article 21 (2) of the Elementary and Secondary Education Act and is qualified as a middle school teacher specified in the attached Table 2 of the same Act;
2. A person who has at least three years of experience in teaching after becoming qualified as a teacher in accordance with the law of his/her own country.
(2) Where necessary for the operation of the educational courses of an international high school, a person who has the authority to appoint teachers may appoint a foreigner as an instructor.
(3) The qualifications for a foreign instructor referred to in paragraph (2) shall be as follows:
1. A person who falls under any subparagraph of paragraph (1);
2. A person who has obtained at least bachelor's degree in accordance with the law of his/her own country.
(4) Where a foreigner who falls under paragraph (3) 2 is appointed as an instructor, he/she shall undergo training conducted by the head of the relevant international high school for at least one week within six months from the appointment.
(5) The contract for a foreign teacher under paragraph (1) shall be concluded every five years, and the appointment shall be made only for the subjects related to his/her mother tongue or subjects that the head of the international high school deems necessary; and the period of appointment of a foreign instructor under paragraph (2) shall not exceed one year, but may be extended by up to three years, if necessary.
(6) Remuneration of a foreign teacher and a foreign instructor under paragraphs (1) and (2) may be paid in accordance with their employment contracts, taking into account the provisions of Article 5 of the Public Officials Remuneration Regulations and attached Table 11 of the same Regulations.
(7) The services of a foreign teacher and a foreign instructor under paragraphs (1) and (2) shall be governed by the provisions of their employment contracts.
 Article 45 (Amount of Capital, etc. of Corporation under the Commercial Act Aiming at Engaging in Medical Business)
(1) "Requirements prescribed by Presidential Decree, such as the amount of capital" in Article 62 (1) 3 of the Act means following requirements:
1. Its amount of capital shall be at least five billion won;
2. It shall have built a cooperative system, such as conclusion of an agreement for operation, etc. with a medical institution which has been established and operated in accordance with foreign law;
3. It shall secure persons holding foreign licenses as physicians and dentists that meet the requirements determined by the Minister of Health and Welfare under Article 62 (6) of the Act, above the ratio determined by the Minister of Health and Welfare.
(2) Matters concerning the amount of capital referred to in paragraph (1) 1 shall be governed by the provisions in the Commercia Act concerning on the amount of capital.
(3) Matters necessary for the cooperation system referred to in paragraph (1) 2 and the procedures for approving the establishment of a foreign medical institution under Article 62 (1) of the Act shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 46 (Requirements on Foreign Investors for Permission for Casino Business)
"Requirements prescribed by Presidential Decree, such as the credibility of the investor" in Article 63 (1) 4 of the Act means the following requirements: <Amended by Presidential Decree No. 26517, Sep. 11, 2015; Presidential Decree No. 26972, Feb. 11, 2016; Presidential Decree No. 27751, Dec. 30, 2016>
1. Credit ratings issued by at least two credit rating companies (referring to credit rating companies defined in the Financial Investment Services and Capital Markets Act) or credit rating received from an internationally accredited foreign credit rating company shall be of at least investment grade;
2. The investment plan referred to in Article 47 (1) 3 shall contain the following matters:
(a) It shall operate at least three types of tourism business categorized under Article 3 of the Tourism Promotion Act, including hotel business;
(b) It shall invest at least 300 million U.S. dollars in tourism business until filing a report on the commencement of casino business under Article 48 (2); and shall complete all investments by investing a total of at least 500 U.S. dollars until two years passes after the commencement of its business;
3. As at the time an application for permission to engage in casino business is filed, it shall be equipped with any of the following facilities to be used as a business facility under Article 48 (1):
(a) Hotel business: A facility rated as five stars under Article 22 of the Enforcement Decree of the Tourism Promotion Act;
(b) International conference facility business: A facility registered under Article 4 of the Tourism Promotion Act.
 Article 47 (Application for Permission, etc. for Casino Business)
(1) A person who intends to apply for permission to engage in casino business under Article 63 (2) of the Act shall submit an application for permission to engage in casino business of a foreign investor prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (including an application in electronic form) to the Minister of Culture, Sports and Tourism, along with the following documents (including electronic documents). In such cases, the Minister of Culture, Sports and Tourism shall verify the corporation registration certificate by sharing administrative information under Article 36 (1) of the Electronic Government Act (limited to where the applicant is a corporation):
1. A document issued by the government of the relevant country or an agency delegated or entrusted with the authority substantiating that the applicant does not fall under any subparagraph of Article 7 (1) of the Tourism Promotion Act and any subparagraph of Article 22 (1) of the same Act; or a written statement of such purport prepared by the applicant and notarized by a notary public, which is verified by the consulate of a diplomatic mission of the Republic of Korea stationed in the relevant country, as prescribed in the Act on Notarial Acts Done at Diplomatic Missions Abroad;
2. Documents substantiating that it meets the requirements for permission prescribed in Article 63 (1) of the Act and subparagraphs 1 and 3 of Article 46 of this Decree;
3. An investment plan (including the project entity, location and area of land for the project, total period and time schedule of the project, analysis of project feasibility, land utilization plan by land use, scale and arrangement plan of facilities, amount to be invested, a funding plan specifying the deadline for investment and an investment agreement, and other matters recognized by the Minister of Culture, Sports and Tourism as necessary);
4. A plan for the operation of a casino;
5. Articles of incorporation (limited to a corporation).
(2) Where a person who has obtained permission to engage in casino business under Article 63 (1) of the Act intends to alter an investment plan referred to in paragraph (1) 3, he/she shall consult the Minister of Culture, Sports and Tourism.
 Article 47-2 (Request for Preliminary Examination)
(1) Where the Minister of Culture, Sports and Tourism intends to conduct a preliminary examination for permission for casino business exclusive for foreigners under Article 63 (8) of the Act, he/she may determine and announce the following matters:
1. Area eligible for permission;
2. Number of entities to be granted permission;
3. Standards, detailed procedures and methods for preliminary examination;
4. Other matters necessary for the sound operation of casino business and the promotion of tourism business.
(2) A person who intends to request a preliminary examination under paragraph (1) shall submit the following documents to the Minister of Culture, Sports and Tourism:
1. A document evidencing that an amount of at least 10/100 out of 500 million U.S. dollars (referring to the amount of foreign investment indicated as at the time the foreign-capital invested company is registered under Article 21 (1) of the Foreign Investment Promotion Act) has been paid under Article 63 (1) 1 of the Act;
2. Documents referred to in each subparagraph of Article 47 (1) (excluding documents evidencing that the applicant meets the requirements for permission prescribed in subparagraphs 1 and 3 of Article 46, from among the documents referred to in Article 47 (1) 2);
3. Any of the following evidentiary documents:
(a) A document evidencing the requirement for permission prescribed in subparagraph 1 of Article 46 is met;
(b) A document evidencing that an amount of at least 40/100 out of 500 million U.S. dollars has been deposited under Article 63 (1) 1 of the Act, as prescribed by an announcement made by the Minister of Culture, Sports and Tourism under paragraph (1);
(c) A document evidencing that the applicant has been recognized to be capable of making investment as prescribed by an announcement made by the Minister of Culture, Sports and Tourism under paragraph (1), such as a letter of commitment on loan or a letter of commitment on investment issued by a financial institution, etc.
(3) Upon receipt of requests to conduct preliminary examination under paragraph (2), the Minister of Culture, Sports and Tourism shall examine them and notify the result thereof within 90 days from the closing date of the receipt thereof: Provided, That if necessary to verify relevant facts, etc., the period may be extended by up to 30 days.
(4) In giving notice on the passing of preliminary examination under paragraph (3), the Minister of Culture, Sports and Tourism may make notification by indicating the following matters:
1. The applicant shall meet the deadline for investment specified in the investment plan referred to in Article 47 (1) 3;
2. The applicant shall acquire at least 2/3 of private land out of the land for the project and secure the ownership or right to use State or public land within two years from the date the notice on the pass is received;
3. The applicant shall apply for permission for casino business after meeting the requirements prescribed in each subparagraph of Article 63 (1) of the Act within four years from the date the notice on the pass is received: Provided, That the period may be extended only once by up to one year, where the Minister of Culture, Sports and Tourism deems there are justifiable grounds, such as the existence of difficulty of executing the investment plan referred to in Article 47 (1) 3, submitted at the time of preliminary examination as specified in the investment plan for reasons not attributable to the applicant for permission for casino business;
4. If any content of the investment plan referred to in Article 47 (1) 3 submitted as at the time of preliminary examination is amended, it shall be within the limit classified as below: Provided, That no alteration shall be made to the project entity and the location of land for the project:
(a) The reduction of the area of land for the project or the area for installation of facilities or the alteration of the area subject to land utilization plan by land use shall not exceed 10/100;
(b) No extension of the total period of project and the reduction of total project cost shall exceed 10/100;
5. The standards, procedures and methods for preliminary examination announced by the Minister of Culture, Sports and Tourism under paragraph (1) shall be satisfied;
6. Other matters recognized by the Minister of Culture, Sports and Tourism as necessary to verify the compliance with the investment plan, securement of land and facilities, transparent management of the investment, and the performance of the matters agreed on in the course of examination.
(5) Where a person in receipt of a notice on the passing of preliminary examination fails to fulfill the matters indicated pursuant to each subparagraph of paragraph (4), he/she shall undergo a preliminary re-examination.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
 Article 48 (Place, Timing for Commencement, etc. of Casino Business)
(1) The place for casino business under Article 63 (5) of the Act shall be located in the land for tourism and leisure in the Saemangeum Project Area where foreign investments (referring to foreign investments defined in Article 2 (1) 4 of the Foreign Investment Promotion Act) are made; and positioned at a hotel business referred to in Article 2 (1) 4 of the Enforcement Decree of the Tourism Promotion Act (limited to facilities rated five-star) or a subsidiary facility of an international conference facility business referred to in subparagraph 4 (a) of the same paragraph in which the applicant for permission for the casino business has invested. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(2) A person who intends to commence casino business shall submit a report on business commencement prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (including reports in electronic form) to the Minister of Culture, Sports and Tourism pursuant to Article 63 (3) of the Act, along with the following documents (including electronic documents):
1. A detailed statement on facilities and equipment installed pursuant to Article 23 (1) of the Tourism Promotion Act;
2. A document evidencing that at least 300 million U.S. dollars is invested in tourism business as specified in the investment plan referred to in Article 47 (1) 3.
(3) A person who has obtained permission for casino business shall submit, to the Minister of Culture, Sports and Tourism, a document evidencing that he/she has invested a total of at least 500 million U.S. dollars as specified in the investment plan referred to in Article 47 (1) 3, within 30 days from the second anniversary of the commencement of the business.
(4) Documents evidencing the investment under paragraphs (2) 2 and (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transportation.
(5) "Matters prescribed by Presidential Decree" in the proviso to Article 63 (9) of the Act means the matters concerning the restrictions on the permit referred to in Article 21 (2) of the Tourism Promotion Act. <Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016>
 Article 49 (Re-transmission of Foreign Broadcasts)
The area where a CATV broadcasting business entity is able to retransmit foreign broadcasts under Article 64 of the Act shall be the whole Saemangeum Project Area, and the number of channels on which foreign broadcasts are retransmitted shall not exceed 30/100 of the number of channels by television channel, radio broadcasting channel and data broadcasting channel being operated.
 Article 50 (Installation and Operation of Foreigner-Only Childcare Centers)
The installation and operation of foreigner-only childcare centers under Article 65 of the Act shall be governed by the Infant Care Act.
 Article 51 (Payment upon Ordinary Transactions)
"Scale smaller than that prescribed by Presidential Decree" in Article 67 of the Act means where the amount of a single ordinary transaction in the Saemangeum Project Area is 10,000 U.S. dollars.
 Article 51-2 (Special Cases to the National Land Planning and Utilization Act)
"Standards prescribed by Presidential Decree" in the former part of Article 69 (6) of the Act means 150/100.
[This Article Newly Inserted by Presidential Decree No. 28098, Jun. 2, 2017]
 Article 51-3 (Organization, Operation, etc. of Related Committees)
(1) Committees that can be established under the jurisdiction of Saemangeum Development and Investment Agency under Article 70 (4) of the Act are as follows: <Amended by Presidential Decree No. 28190, Jul. 17, 2017>
2. A local transport committee referred to in Article 110 of the National Transport System Efficiency Act;
3. A deliberative committee on registration of tourist accommodation business and tourist-use facility business referred to 17 of the Tourism Promotion Act;
4. A City/Do urban park committee and a Si/Gun urban park committee referred to in Article 50 of the Act on Urban Parks, Green Areas, Etc.;
5. A committee for deliberation on art works referred to in Article 14 of the Enforcement Decree of the Culture and Arts Promotion Act;
6. A City/Do cultural heritage committee referred to in Article 71 of the Cultural Heritage Protection Act;
7. A regional mountainous district management committee referred to in Article 22 of the Mountainous Districts Management Act;
8. A large-area small river management committee and a basic small river management committee referred to in Article 26 of the Small River Maintenance Act;
9. A regional water resources control board referred to in Article 32 of the Act on the Investigation, Planning, and Management of Water Resources.
(2) The organization and operation of each committee enumerated in each subparagraph of paragraph (1) shall be governed by the related Act referred to in each relevant subparagraph.
[This Article Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 52 (Building Committee to be Established under Saemangeum Development and Investment Agency)
(1) The subject-matter for inspection and deliberation by the Central Building Committee and the local building committee referred to in Articles 5 (1) and 5-5 (1) of the Enforcement Decree of the Building Act shall be the subject-matter for inspection and deliberation on the building committee to be established under the jurisdiction of Saemangeum Development and Investment Agency under Article 71 (3) of the Act.
(2) The building committee shall be comprised of not more than 30 members, including one chairperson and one vice chairperson.
(3) The chairperson of the building committee (hereinafter referred to as "building committee chairperson") shall be appointed or commissioned by the Administrator of the Agency from among committee members. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(4) Members shall be appointed or commissioned by the Administrator of the Agency from among related public officials and persons who have extensive knowledge of and experience in construction. <Amended by Presidential Decree No. 26972, Feb. 11, 2016>
(5) The term of office of members who are not public officials shall be two years.
(6) The chairperson of the building committee shall convoke and preside over its meetings.
(7) A majority of the members of the building committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present.
(8) Where deemed necessary to perform his/her duties, the building committee chairperson may have related experts attend and speak at a meeting or request related institutions and organizations to submit materials.
(9) Articles 27-2 and 27-3 shall apply mutatis mutandis to the exclusion, challenge and recusal of building committee members. <Newly Inserted by Presidential Decree No. 26972, Feb. 11, 2016>
 Article 52-2 (Special Cases to the Building Act)
Pursuant to Article 71 (6) of the Act, the Administrator of the Agency may separately determine and publicly notify the matters that are prescribed to be determined by Presidential Decree under Articles 5 (1), 6 and 8 and 12 (1), the proviso to Article 19 (3), Articles 19 (6), 20 (2) 3, (3) and (4), the proviso to Article 42 (1), Articles 43 (1) and (2), and 59 (1) 2 and (2), the proviso to Article 60 (1), Article 61 (1), (2) and (3), (3) 8, Article 69 (1) 1 (b) and 2 (b) and (c), subparagraphs 2 and 3 of Article 70, the latter part of Article 71 (1) 4, Article 71 (1) 7, 71 (5), the latter part of Article 71 (7), and the former part of Article 72 (5) of the Building Act, taking into consideration the following matters:
1. They shall conform to the arrangement plans by land use, plans for expansion of infrastructure, and plans for creation of land, such as land-use planning referred to in Article 6 (2) 3 through 5 of the Act;
2. They shall harmonize with surrounding environment, such as land inside of the Saemangeum Seawall and lakes and marshes;
3. Safety regarding evacuation, rescue, etc. shall be assured in preparation for disasters, such as tsunami, flood, and earthquake.
[This Article Newly Inserted by Presidential Decree No. 28098, Jun. 2, 2017]
 Article 53 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 74 (3) of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the Korea Rural Community Corporation with the affairs related to the implementation of a profit-making business for financing maintenance and management under Article 57 of the Act.
(2) Pursuant to Article 74 (4) of the Act, the Minister of Environment shall delegate the following authority to the Administrator of the Saemangeum Regional Environmental Office:
1. Examination of matters concerning the implementation of environmental measures, water quality monitoring, etc. under Article 29 (2) of the Act: Provided, That the authority for the affairs related to the installation of automatic measuring network and constant measurement for monitoring of water quality environment shall be excluded herefrom;
2. Requests to make improvements or to take measures, etc. where it is likely to negatively impact on environmental management, under Article 29 (3) of the Act;
3. Matters concerning the management of a special management area, including the examination thereof, under Article 32 (1) of the Act;
4. Technological and financial support to improve water quality and reduction of pollution sources under Article 32 (3) of the Act.
(3) Pursuant to Article 74 (4) of the Act, the Minister of Environment shall entrust the affairs related to the installation of automatic measuring network and constant measurement for monitoring of water quality environment under Article 29 (2) of the Act to the Korea Environment Corporation under the Korea Environment Corporation Act.
 Article 54 (Re-Examination of Regulation)
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of the every third year) and shall take necessary measures, such as making improvements: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
2. Matters to be included when formulating a development plan under Article 10 (1);
3. Data to be submitted when filing a report on activities under Article 12 (4);
4. Requirements for receiving advance payment under Article 21;
5. Types of contract eligible for preferential treatment to local enterprises under Article 34 (1);
6. Qualifications for appointment of foreign teachers under Article 44 (1);
7. Amount of capital, etc. of a corporation under the Commercial Act, the purpose of which is medical business under Article 45;
8. Requirements on foreign investors for permission to engage in casino business under Article 46;
9. Ratio of the number of channels on which foreign broadcasts are retransmitted under Article 49.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2013.
Article 2 (Repeal of other Acts and Statutes)
The Enforcement Decree of the Special Act on Promotion of the Saemangeum Project is hereby repealed.
Article 3 (Transitional Measures concerning Scope of Saemangeum Project Area)
Areas included in the Saemangeum Project Area under Article 2 of the former Enforcement Decree of the Special Act on Promotion of the Saemangeum Project as at the time this Decree enters into force shall be deemed included in the Saemangeum Project Area under this Decree.
Article 4 (Transitional Measures concerning Organization, etc. of Saemangeum Committee)
(1) Civilian members of the Saemangeum Committee commissioned by the Prime Minister and the chairpersons of subcommittees and members thereof commissioned by co-chairpersons as at the time this Decree enters into force shall be deemed commissioned as civilian members of the Saemangeum Committee, chairpersons of subcommittees and members thereof under Articles 27 (1) and 29 (3). In such cases, their terms of office shall be reckoned from the time they were commissioned under the former Enforcement Decree of the Special Act on Promotion of the Saemangeum Project.
(2) Matters necessary for operating the Saemangeum Committee and subcommittees determined by the co-chairpersons as at the time this Decree enters into force shall be deemed determined by the co-chairpersons under Articles 27 (7) and 29 (7).
Article 5 Omitted.
Article 6 (Relationship with other Statutes)
Where any other statutes cite the former Enforcement Decree of the Special Act on Promotion of the Saemangeum Project or any provisions thereof as at the time this Decree enters into force, it shall be deemed to have cited this Decree or the relevant provisions of this Decree in lieu of the former provisions, if any provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 25704, Nov. 4, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Presidential Decrees promulgated before this Decree enters into force but the dates of which they enter into force have not yet arrived, from among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on their respective enforcement dates.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26416, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26517, Sep. 11, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2015. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 26930, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26972, Feb. 11, 2016>
This Decree shall enter into force on February 12, 2016.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 28098, Jun. 2, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28190, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Presidential Decrees promulgated before this Decree enters into force but the dates of which they enter into force have not yet arrived, from among the Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on their respective enforcement dates.
Articles 2 through 8 Omitted.