ISLANDS DEVELOPMENT PROMOTION ACT
Act No. 3923, Dec. 31, 1986
Amended by Act No. 5125, Dec. 30, 1995
Act No. 6001, Aug. 31, 1999
Act No. 6654, Feb. 4, 2002
Act No. 7796, Dec. 29, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9570, Apr. 1, 2009
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 12918, Dec. 30, 2014
Act No. 13830, Jan. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15498, Mar. 20, 2018
The purpose of this Act is to help residents on islands increase their income and improve their welfare by renovating and expanding infrastructure for production, earning, and living and by improving their living conditions.
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| (1) | The term "islands" in this Act means areas surrounded by the ocean at full tide: Provided, That any of the following areas shall be excluded: |
| 1. | The main island of the Jeju Special Self-Governing Province; |
| 2. | Islands for which a period prescribed by Presidential Decree has passed since they were connected to the mainland by a breakwater or a bridge. |
| (2) | Paragraph (1) 2, above, shall not apply to islands which were designated to be eligible for development under Article 4 and for which development projects established under Article 6 have not been completed. |
[This Article Wholly Amended by Act No. 12918, Dec. 30, 2014]
| Article 2-2 (Day of Islands) |
| (1) | August 8 of each year shall be as the Day of Islands to raise public awareness of the value and importance of islands. |
| (2) | The State and local governments may hold events to meet the purpose of the Day of Islands. |
[This Article Newly Inserted by Act No. 15498, Mar. 20, 2018]
| Article 3 (Relationship with other Plans) |
| (2) | Development plans under this Act shall be formulated in line with development plans under other Acts. |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 4 (Designation of Islands Eligible for Development) |
| (1) | An island shall be designated as an island eligible for development (hereinafter referred to as "designated island"), if it is considered necessary to develop the island to achieve the purposes of this Act. |
| (2) | An island shall be designated by the Minister of the Interior and Safety at the request of the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), after deliberation by the committee for the deliberation on development of islands under Article 14 (hereinafter referred to as the "Island Development Deliberation Committee"). The same shall also apply to any amendment thereto. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 5 (Public Announcement of Designated Islands) |
The Minister of the Interior and Safety shall, after designating islands pursuant to Article 4, publicly announce the following matters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> | 1. | Objectives of the development; |
| 2. | The scope of islands subject to development and the development project; |
| 3. | Outline of the development project; |
| 4. | Duration of the development project. |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 6 (Formulation of Project Plans) |
| (1) | A Mayor/Do Governor having jurisdiction over a designated island shall prepare a project plan and submit it to the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may formulate guidelines and standards necessary to prepare a project plan under paragraph (1), after deliberation by the Island Development Deliberation Committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | A project plan under paragraph (1) shall include the following: |
| 1. | Matters concerning the improvement of residential environment and facilities necessary for increasing residents' income and improving their living standards; |
| 2. | Matters concerning the installation of infrastructure necessary for the promotion of industries and development of resources; |
| 3. | Matters concerning the improvement and expansion of means of transport, traffic systems, and telecommunications facilities necessary for the improvement of convenience in transportation and communications in islands; |
| 4. | Matters concerning the conservation of the national land, such as construction of breakwaters and tidal embankments and afforestation, necessary for preventing damage from a storm, flood, or other natural disaster; |
| 5. | Matters concerning the installation and improvement of facilities for education, welfare, medical service, cultural activities, and electricity, necessary for the promotion of residents' well-being; |
| 6. | Matters concerning the conservation of the islands’ environment; |
| 7. | Matters concerning assistance and subsidization for smooth distribution and supply of the necessities of life; |
| 8. | Matters concerning facilities necessary for national security; |
| 9. | Other matters necessary for the development of islands. |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 7 (Finalization of Project Plans) |
| (1) | A project plan under Article 6 shall be finalized after it is deliberated on by the Island Development Deliberation Committee and reported by the Minister of the Interior and Safety to the Prime Minister. The same shall also apply to proposed amendments to the final project plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | An insignificant matter specified by Presidential Decree in a finalized project plan pursuant to paragraph (1) may be modified by the competent Mayor/Do Governor. |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 8 (Finalization of Annual Project Plans) |
| (1) | The competent Mayor/Do Governor shall prepare a project plan for the following year on an annual basis (hereinafter referred to as "annual project plan") in compliance with a project plan established pursuant to Article 7 (1) and submit the same to the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall finalize an annual project plan after the plan successfully passes deliberation by the Island Development Deliberation Committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 9 (Project Implementers) |
| (2) | A project implementer under paragraph (1) may, if necessary to efficiently implement a development project, entrust the project to the State, a local government, a public institution under Article 4 of the Act on the Management of Public Institutions, or any other person specified by Presidential Decree. |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 10 (Financing of Projects) |
| (1) | The State and each local government shall grant or arrange subsidies or loans to project implementers to help them finance their project plans and shall take other necessary measures. |
| (2) | The ratio of the State's subsidization under paragraph (1) shall be specified by Presidential Decree. |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 11 (Appropriations in Budget) |
The head of each related central administrative agency and the head of the competent local government shall include project costs in the budget as necessary for efficiently implementing project plans.
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 12 (Measures under other Relevant Provisions) |
If a project implementer applies for permission, disposition, or another measure pursuant to a relevant Act in order to supply the land or waters in or around an island for the purpose of use specified in a project plan, the head of the related central administrative agency or the head of the competent local government shall take measures necessary for the development of such designated island, except under special circumstances.
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 13 (Tax Benefits) |
The Government may provide tax benefits required to efficiently carrying out a project plan.
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 14 (Establishment of Island Development Deliberation Committee) |
| (1) | The Ministry of the Interior and Safety shall establish the Island Development Deliberation Committee in order to have the Committee deliberate on the following matters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12918, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Designation of islands pursuant to Article 4; |
| 2. | Guidelines and standards for the preparation of project plans under Article 6 (2); |
| 4. | Other matters considered necessary by the chairperson of the Committee. |
| (2) | The Island Development Deliberation Committee shall be comprised of up to 20 members, including one chairperson and one vice chairperson. <Amended by Act No. 12918, Dec. 30, 2014> |
| (3) | The Minister of the Interior and Safety shall serve as the chairperson of the Island Development Deliberation Committee, while the vice chairperson shall be elected by, and from among its members. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12918, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Members shall be commissioned by the chairperson of the Committee from among Vice Ministers and Administrators of relevant central administrative agencies, public officials in general service who are members of the Senior Civil Service, specified by Presidential Decree. <Amended by Act No. 13830, Jan. 27, 2016> |
| (5) | The chairperson of the Committee may, where deemed necessary, request a relevant central administrative agency or a local government to present its opinions or submit data. |
| (6) | Other matters necessary to operate the Island Development Deliberation Committee shall be prescribed by Presidential Decree. <Amended by Act No. 13830, Jan. 27, 2016> |
[This Article Wholly Amended by Act No. 9570, Apr. 1, 2009]
| Article 15 Deleted. <by Act No. 6001, Aug. 31, 1999> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | Deleted. <by Act No. 5125, Dec. 30, 1995> |
ADDENDUM <Act No. 5125, Dec. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6001, Aug. 31, 1999>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6654, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9570, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That where any Act amended by Article 6 of this Addenda was promulgated before but its enforcement date has yet to arrive as at the time this Act enters into force, the amended parts of such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12918, Dec. 30, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13830, Jan. 27, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That where any Act amended by Article 6 of this Addenda was promulgated before but its enforcement date has yet to arrive as at the time this Act enters into force, the amended parts of such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15498, Mar. 20, 2018>
This Act shall enter into force six months after the date of its promulgation.