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ACT ON CONSTRUCTION OF DAMS AND ASSISTANCE, ETC. TO THEIR ENVIRONS

Act No. 6021, Sep. 7, 1999

Amended by Act No. 6587, Dec. 31, 2001

Act No. 6656, Feb. 4, 2002

Act No. 6655, Feb. 4, 2002

Act No. 6841, Dec. 30, 2002

Act No. 6916, May 29, 2003

Act No. 7158, Jan. 29, 2004

Act No. 7678, Aug. 4, 2005

Act No. 7715, Dec. 7, 2005

Act No. 8014, Sep. 27, 2006

Act No. 8283, Jan. 26, 2007

Act No. 8338, Apr. 6, 2007

Act No. 8371, Apr. 11, 2007

Act No. 8352, Apr. 11, 2007

Act No. 8351, Apr. 11, 2007

Act No. 8659, Oct. 17, 2007

Act No. 8733, Dec. 21, 2007

Act No. 8820, Dec. 27, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8976, Mar. 21, 2008

Act No. 9037, Mar. 28, 2008

Act No. 9597, Apr. 1, 2009

Act No. 9758, jun. 9, 2009

Act No. 10272, Apr. 15, 2010

Act No. 10331, May 30, 2010

Act No. 10580, Apr. 12, 2011

Act No. 10599, Apr. 14, 2011

Act No. 10760, May 30, 2011

Act No. 10892, Jul. 21, 2011

Act No. 11185, Jan. 17, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12989, Jan. 6, 2015

Act No. 14337, Dec. 2, 2016

Act No. 14480, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 14544, Jan. 17, 2017

Act No. 15624, jun. 8, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to rationally develop and use water resources and to promote the development of the national economy by providing for matters regarding the construction and management of dams, the revolving investment in the costs of dam construction, environmental measures following the construction of dams, and support for residents in the areas adjacent to dams.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. The term "dam" means a structure rising at least 15 meter high, built, by blocking the flow of a river, to be used as tap water, water for industrial use, water for agriculture, water for environmental reform industrial water, agricultural water, environmental water, power generation, flood control, transportation by ship, and other purposes (hereinafter referred to as "specific purposes"), including spillways, auxiliary dams, and other facilities or structures integrated into the relevant dam to maximize the utility of the dam;
2. The term "multipurpose dam" means a dam constructed by the Minister of Environment for two or more specific purposes (excluding facilities or structures to be used exclusively for a specific purpose);
3. The term "right to use a dam" means the right to secure a certain quantity of water reserved in a multipurpose dam in a certain area and use the water for a specific purpose;
4. The term "residents relocated from an area to be submerged" means persons who are to lose the basis of their livelihood due to the implementation of a dam construction project and thus become subject to measures for relocation, as provided for in Article 78 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 3 (Scope of Application)
This Act shall apply to multipurpose dams and dams constructed by any of the following persons, in order to supply tap water, water for industrial use, or water for environmental reform or to control floods: Provided, That Article 4 shall apply to all dams: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
1. The Minister of Environment;
2. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor");
3. The head of a Si/Gun;
4. Other persons prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
CHAPTER II CONSTRUCTION AND MANAGEMENT OF DAMS
SECTION 1 Construction of Dams
 Article 4 (Long-Term Dam Construction Plans)
(1) The Minister of Environment shall formulate a long-term dam construction plan once every ten years, in order to develop water resources in an efficient, environment-friendly manner, which shall include the following matters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. Basic principles of dam construction;
2. Prospects for water supply and demand for various purposes;
3. Dam construction plans for each water system (dams for agricultural purposes shall be limited to those with a water storage capacity of at least ten million tons);
4. A plan for securing financial resources;
5. Standards for selecting a dam construction site;
6. Schemes for minimizing the environmental impact of dam construction;
7. Other matters prescribed by Presidential Decree.
(2) Where the Minister of Environment intends to formulate a long-term dam construction plan pursuant to paragraph (1), he/she shall request the head of a relevant central administrative agency to formulate a long-term dam construction plan for dams under the agency's jurisdiction and to submit the plan to him/her. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) Where the Minister of Environment intends to formulate a long-term dam construction plan pursuant to paragraph (1), he/she shall review the propriety of the construction of a dam in advance, and gather opinions from local residents who are deemed to have a stake in the construction of the dam in relation to the planned construction of the dam in the relevant area. <Newly Inserted by Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
(4) The Minister of Environment shall disclose the opinions gathered from local residents under paragraph (3) and whether to reflect the results thereof in a long-term dam construction plan, as prescribed by Presidential Decree. <Newly Inserted by Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
(5) The Minister of Environment may establish a preview council that reviews the followings in order to review the propriety of the construction of a dam pursuant to paragraph (3): <Newly Inserted by Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
1. Objectives and necessity of a dam project;
2. An alternative to the construction of a dam and the feasibility thereof;
3. Possibility of accepting a dam project by local residents;
4. Other matters deemed necessary to determine whether to implement a dam project.
(6) Methods and procedures for reviewing the propriety of the construction of a dam under paragraph (3), the composition and operation of a preview council under paragraph (5), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14337, Dec. 2, 2016>
(7) Where the Minister of Environment intends to formulate a long-term dam construction plan pursuant to paragraph (1) after reviewing the priority and gathering opinions under paragraph (3), he/she shall hear the opinions thereon of competent Mayors/Do Governors, consult, in advance, with the heads of the relevant central administrative agencies, and refer the plan to the National Water Resources Management Committee under Article 29 of the Act on Survey, Planning and Management of Water Resources for resolution. In such case, matters on which the Committee for the Implementation of Electric Power Source Development Projects under Article 4 of the Electric Power Source Development Promotion Act has deliberated shall be excluded from deliberation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14337, Dec. 2, 2016; Act No. 14544, Jan. 17, 2017; Act No. 15624, Jun. 8, 2018>
(8) The Minister of Environment shall examine the feasibility of a long-term dam construction plan once every five years and shall factor outcomes thereof into the long-term dam construction plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
(9) Paragraphs (3), (4), and (7) shall apply mutatis mutandis where modification of a long-term dam construction plan is to be made: Provided, That paragraphs (3), (4) and (7) shall not apply mutatis mutandis where modification of minor matters prescribed by Presidential Decree is to be made. <Amended by Act No. 14337, Dec. 2, 2016>
(10) When the Minister of Environment formulates or modifies a long-term dam construction plan pursuant to paragraphs (1) and (9), he/she shall immediately submit the long-term dam construction plan formulated or modified to the National Assembly of the Republic of Korea and notify the heads of the relevant central administrative agencies and the competent Mayors/Do Governors thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Articles 5 and 6 Deleted. <by Act No. 7715, Dec. 7, 2005>
 Article 7 (Basic Plans)
(1) A person who intends to construct a dam (hereinafter referred to as "implementer of a dam construction project") shall formulate a basic plan for constructing a dam (hereinafter referred to as the "basic plan"), which shall include the following matters: Provided, That matters specified in subparagraph 12 shall be included only where a dam meets or exceeds the criteria prescribed by Presidential Decree pursuant to Article 41 (1): <Amended by Act No. 14337, Dec. 2, 2016>
1. Objectives of construction;
2. The name of the project and the location and surface area of the project site;
3. Size and type;
4. The water storage capacity and the distribution of stored water by purpose;
5. The name or title of the person to whom the right to use the dam is to be granted (hereinafter referred to as "grantee of dam usage rights") and the contents of the rights thereto;
6. The costs of dam construction (including the cost to be borne by the implementer of the dam construction project on the improvement of the areas adjacent to the dam under Article 42) and matters regarding the allocation of the cost;
7. The implementer of a dam construction project;
8. The project period;
9. The detailed list of the land, buildings, and other articles or rights to be expropriated or used;
10. Anticipated damage to the environment as a result of dam construction, a scheme for mitigating such damage, and the preservation of the quality of water in the dam;
11. Projects that can contribute to social, cultural and economic development of the areas adjacent to the dam and enhancement of the effectiveness of the dam;
12. The location and surface area of the site deemed designated as a development promotion zone under Article 9 (1) (limited to the boundaries of the area adjacent to the dam, as defined in Article 41 (4));
13. Other basic matters regarding the construction of the dam.
(2) If the implementer of a dam construction project, who is neither the Minister of Environment nor a Mayor/Do Governor, intends to formulate a basic plan pursuant to paragraph (1), he/she shall obtain the approval of the Minister of Environment (referring to the competent Mayor/Do Governor, if the head of a Si/Gun intends to formulate a basic plan). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) Where the Minister of Environment or a Mayor/Do Governor intends to formulate or approve a basic plan pursuant to paragraph (1) or (2), he/she shall, in advance, consult with the heads of relevant administrative agencies and hear the opinions of the relevant grantee of dam usage rights. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(4) When the Minister of Environment or a Mayor/Do Governor formulates or approves a basic plan, he/she shall publicly notify the plan, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(5) The provisions of paragraphs (1) through (4) shall apply mutatis mutandis where he/she intends to modify or repeal a basic plan (excluding modification of minor matters prescribed by Presidential Decree).
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 8 (Implementation Plans)
(1) The implementer of a dam construction project shall formulate an implementation plan for constructing a dam (hereinafter referred to as "implementation plan") after formulating a relevant basic plan, as prescribed by Presidential Decree.
(2) Where the implementer of a dam construction project, who is neither the Minister of Environment nor a Mayor/Do Governor, intends to formulate an implementation plan, he/she shall obtain the approval, in advance, of the Minister of Environment (referring to the competent Mayor/Do Governor, if the head of a Si/Gun intends to formulate an implementation plan). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) When the Minister of Environment or a Mayor/Do Governor formulates or approves an implementation plan pursuant to paragraph (1) or (2), he/she shall, without delay, publicly notify the details thereof and notify the heads of relevant administrative agencies and the grantee of dam usage rights thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(4) Paragraphs (1) through (3) shall apply mutatis mutandis where he/she intends to modify or repeal an implementation plan (excluding modification of minor matters prescribed by Presidential Decree).
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 9 (Legal Fiction of Authorization and Permission under Other Acts)
(1) When the Minister of Environment or a Mayor/Do Governor formulates, modifies, or approves a basic plan pursuant to Article 7 (1), (2), or (5), the area referred to in Article 7 (1) 12 shall be deemed designated as a development promotion zone under Article 9 (1) of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act; when a basic plan is publicly notified pursuant to Article 7 (4), the designation of a development promotion zone is deemed publicly notified. In such case, except as otherwise provided for in this Act, development promotion zones shall be governed by the Balanced Regional Development and Support for Local Small and Medium Enterprises Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) When the Minister of Environment or a Mayor/Do Governor formulates, modifies, or approves an implementation plan pursuant to Article 8 (1), (2), or (4), the permission, reporting, cancellation, consultation, approval, authorization, designation, etc. referred to in the following subparagraphs (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, made, or obtained; when an implementation plan is publicly notified pursuant to Article 8 (3), the public notification or public announcement of authorization, permission, etc. referred to in the following subparagraphs shall be deemed given or made: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12248, Jan. 14, 2014; Act No. 14337, Dec. 2, 2016; Act No. 14480, Dec. 27, 2016; Act No. 15624, Jun. 8, 2018>
1. The permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; the license for the reclamation under Article 28 of the same Act; or the approval of an implementation plan for the reclamation of public waters under Article 38 of the same Act;
2. The determination of an urban management plan under Article 30 of the National Land Planning and Utilization Act (only limited to facilities defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act); the permission to engage in development activities under Article 56 of the aforesaid Act; the designation of the implementer of an urban planning facility project under Article 86 of the aforesaid Act; or the authorization for an implementation plan under Article 88 of the aforesaid Act;
3. The consultation on the permission, etc. by an administrative agency under Article 13 of the Protection of Military Bases and Installations Act;
3-2. Permission to maintain and improve a road under Article 5 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, and permission to occupy and use a road under Article 18 of the aforesaid Act;
4. Permission to use infrastructure for agricultural production under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
5. The permission to consult on, divert farmland under Article 34 of the Farmland Act;
6. The permission to implement road works under Article 36 of the Road Act or the permission to occupy and use a road under Article 61 of the aforesaid Act;
7. The permission to open a private road under Article 4 of the Private Road Act;
8. The permission to cut trees, etc. under Article 14 of the Erosion Control Work Act or cancellation of the designation of an erosion control area under Article 20 of the aforesaid Act;
9. The permission for, or the reporting of, the diversion of a mountainous district under Article 14 or 15 of the Management of Mountainous Districts Management Act; the permission for, or the reporting of, the temporary use of a mountainous district under Article 15-2 of the aforesaid Act; the permission for gathering rocks and soil (limited to building stones) under Article 25 of the aforesaid Act; the permission for, or the reporting of, cutting standing timber under Articles 36 (1) or (4) of the Forest Resources Creation and Management of Forest Resources Act; or the permission for, or the reporting of, activities in a reserved forest (excluding a conservation zone for forest gene resources under Article 9 (1) and (2) 1 or 2 of the Forest Protection Act;
10. The permission to occupy and use under Article 14 of the Small River Maintenance Act;
11. The permission to engage in acts under Article 23 of the Natural Parks Act;
12. The permission to relocate graves under Article 27 (1) of the Act on Funeral Services, etc.;
13. The permission to develop grassland under Article 5 of the Grassland Act or the permission to divert grassland under Article 23 of the aforesaid Act;
14. The approval for, or the reporting of, the installation of a waste disposal facility under Article 29 of the Wastes Control Act;
15. The permission to implement a public sewerage system (limited to facilities for the treatment of excreta) under Article 11 of the Sewerage Act; the permission to implement a public sewerage project under Article 16 of the aforesaid Act; or the permission to occupy and use under Article 24 of the aforesaid Act;
16. The consultation on, or the approval for, matters subject to permission by the competent river management authorities under Article 6 of the River Act; the permission to implement a river project under Article 30 of the aforesaid Act; the permission to occupy and use a river under Article 33 of the aforesaid Act; or permission to use water from a river under Article 50 of the aforesaid Act.
(3) Where the Minister of Environment or a Mayor/Do Governor intends to formulate, modify, or approve a basic plan, which includes the following matters specified in Article 7 (1) 12, or an implementation plan, which includes any of the following matters specified in any subparagraph of paragraph (2), he/she shall, in advance, consult with the heads of the relevant administrative agencies. In such case, upon receiving a request for consultation on an implementation plan, the head of the relevant administrative agency shall present his/her opinions not later than 20 days after receiving such a request, and if he/she fails to present his/her opinions within the specified period, he/she shall be deemed to approve an implementation plan. <Amended by Act No. 11185, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 9-2 (Joint Conference on Legal Fiction of Authorization and Permission)
(1) In order to discuss agenda items such as authorization and permission with the heads of relevant administrative agencies pursuant to Article 9 (3), the Minister of Environment or a Mayor/Do Governor may hold a joint conference comprised of all relevant administrative agencies, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) The heads of the relevant administrative agencies referred to in Article 9 (3) shall request subordinate public officials to attend the joint conference held pursuant to paragraph (1).
[This Article Newly Inserted by Act No. 11185, Jan. 17, 2012]
 Article 10 (Access to Land)
(1) Where necessary to conduct an examination or land survey in connection with construction of the dam, the implementer of a dam construction project may enter or use land of a third party and may relocate or remove trees, rock, soil, or other obstacles therein, if deemed absolutely necessary.
(2) When the implementer of a dam construction project intends to enter land of a third party pursuant to paragraph (1), he/she shall notify the owner, occupant, or manager of the land of his/her intended date and place of entry no later than seven days before the intended date of entry: Provided, That if it is impossible to confirm the address or abode of the owner, occupant, or manager of the land, the implementer shall notify his/her intended date and place of entry to the head of the competent Si (in the case of a Special Self-Governing City, referring to the Special Self-Governing City Mayor, and in the case of a Special Self-Governing Province, referring to the Special Self-Governing Province Governor; hereinafter the same shall apply), Gun, or Gu (hereinafter referred to as "head of the competent Si/Gun/Gu") <Amended by Act No. 11185, Jan. 17, 2012; Act No. 14337, Dec. 2, 2016>
(3) Where the implementer of a dam construction project, other than an administrative authority, intends to enter land of a third party pursuant to paragraph (1), he/she shall obtain permission from the head of a competent Si/Gun/Gu. <Newly Inserted by Act No. 11185, Jan. 17, 2012>
(4) Where the implementer of a dam construction project intends to relocate or remove trees, rocks, soils or other obstacles pursuant to paragraph (1), he/she shall, in advance, obtain consent of the owner, occupant, or manager of such obstacles. <Amended by Act No. 11185, Jan. 17, 2012>
(5) If the implementer of a dam construction project is unable to obtain consent of the owner, occupant or manager of obstacles as required under paragraph (4) because it is impossible to confirm whereabouts of the owner, occupant or manager, he/she may relocate or remove such obstacles after giving notice thereof to the head of the competent Si/Gun/Gu: Provided, That if the implementer of a dam construction project is not an administrative authority, he/she shall obtain permission from the head of the competent Si/Gun/Gu. <Amended by Act No. 11185, Jan. 17, 2012>
(6) A person who intends to relocate or remove obstacles pursuant to paragraph (4) shall notify the owner, occupant or manager of such obstacles thereof no later than three days before the date when he/she intends to relocate or remove the obstacles: Provided, That this shall not apply in any case falling under paragraph (5). <Amended by Act No. 11185, Jan. 17, 2012>
(7) No person shall enter a housing site or land of a third party enclosed by walls or fences without the consent of the occupant of the land before sunrise or after sunset. <Amended by Act No. 11185, Jan. 17, 2012>
(8) No occupant of land shall obstruct or disallow activities of the implementer of a dam construction project, prescribed in paragraph (1), without good cause. <Amended by Act No. 11185, Jan. 17, 2012>
(9) A person who intends to conduct any act referred to in paragraph (1) shall carry an identification indicating his/her authority and present it to interested persons, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 11185, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(10) If any person suffers a loss due to an activity referred to in paragraph (1), the implementer of the relevant dam construction project shall compensate for the loss. <Amended by Act No. 11185, Jan. 17, 2012>
(11) The implementer of a dam construction project and a person who suffers a loss due to the project shall try to reach an agreement on compensation for such loss under paragraph (10). <Amended by Act No. 11185, Jan. 17, 2012>
(12) If the implementer of a dam construction project and a person who suffers a loss due to the project failed to, or were unable to, settle the compensation claims for such loss under paragraph (11), either party may file a petition for adjudication with the competent Land Expropriation Committee. <Amended by Act No. 11185, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 11 (Expropriation and Use of Land)
(1) The implementer of a dam construction project may expropriate or use land, buildings and other fixtures on the land, rights and interests, except ownership, in the land, buildings, and fixtures, mining rights, fishing rights, and the right to use water (hereinafter referred to as "land and other property"), as necessary for the construction of the dam.
(2) For purposes of paragraph (1), the public notification of a basic plan under Article 7 (4) shall be deemed public notification of the approval of a project and the public notification of the approval of the project under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, while a petition for adjudication shall be filed within the project period specified in the relevant basic plan, notwithstanding Articles 23 (1) and 28 (1) of the aforesaid Act.
(3) The Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation and use of land and other property under paragraph (1), except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 12 (Public Notification of Completion of Dam Construction)
(1) When the construction of a dam is completed, the Minister of Environment or the competent Mayor/Do Governor shall, without delay, give public notice of the following matters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. The fact that the construction of the dam is completed;
2. The river area, defined in subparagraph 2 of Article 2 of the River Act, in a dam construction area;
3. The fact that the relevant dam is a river facility defined in subparagraph 3 of Article 2 of the River Act.
(2) When the construction of a dam is completed, the implementor of the dam construction project, not the Minister of Environment or a Mayor/Do Governor, shall, without delay, file an application for approval for completion with the Minister of Environment (or the competent Mayor/Do Governor, if the implementer of the dam construction project is the head of a Si/Gun; hereafter the same shall apply in this Article), as prescribed by Presidential Decree, and the Minister of Environment shall issue a certificate of approval for completion of the project and shall give public notice of the matters specified in paragraph (1), if the dam is deemed to have been built in accordance with the relevant implementation plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) When public notice is given pursuant to paragraph (1) or (2), consent shall be deemed obtained pursuant to the proviso to the main sentence of subparagraph 3 of Article 2 of the River Act, and a river area shall also be deemed determined and publicly notified pursuant to Article 10 (3) of the aforesaid Act.
(4) When public notice is given pursuant to paragraph (1) or (2), inspection of the completion of the relevant work or project shall be deemed to have been conducted, approval for the completion of the project obtained, and public notice given accordingly following authorization or permission of the relevant construction work or project based on the legal fiction under Article 9 (2).
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 12-2 (Use of Dam before Public Notification of Completion of Construction of Dam)
(1) No implementer of a dam construction project shall use a dam unless he/she publicly notifies completion of the construction of the dam.
(2) Notwithstanding paragraph (1), the implementer of a dam construction project may use the relevant dam even before he/she publicly notifies completion of the construction of the dam for immediate water supply, flood control, etc., as he/she may deem necessary: Provided, That the foregoing shall be limited to cases where an implementer of a dam construction project who is not the Minister of Environment or the Mayor/Do Governor obtains approval from the Minister of Environment (where the head of a Si/Gun is the implementer of a dam construction project, referring to the Mayor/Do Governor). <Amended by Act No. 15624, Jun. 8, 2018>
[This Article Newly Inserted by Act No. 14337, Dec. 2, 2016]
 Article 13 (Vesting of Ownership of Public Facilities)
(1) Where the implementer of a dam construction project installs a new public facility or a public facility that replaces an existing public facility, the ownership of the existing public facility shall be vested in the implementer of the dam construction project without consideration, while the ownership of the new public facility shall be vested in the State or the competent local government, whoever shall manage the facility, for no consideration, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(2) Where the Minister of Environment or a Mayor/Do Governor intends to formulate, amend, or approve an implementation plan, which includes matters relating to the vesting of the ownership of a public facility under paragraph (1), he/she shall hear the opinions of the competent management agency responsible for management of the public facility: Provided, That if no management agency has yet to be designated, he/she shall hear the opinions of the competent management agency after such management agency is designated, but before the completion of the project is approved. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) The implementer of a dam construction project shall notify the competent management agency of the types and detailed list of public facilities, the ownership of which shall be vested in the implementer, or public facilities, the ownership of which shall be vested in the State or a local government, before construction of the dam is completed, and the ownership of such public facilities shall be vested in the persons specified in paragraph (1) on the date when the completion of dam construction is publicly notified pursuant to Article 12.
(4) For purposes of the registration of public facilities and land under the provisions of paragraphs (1) through (3), the public notification of the relevant implementation plan under Article 8 and the public notification of the completion of the relevant dam under Article 12 shall be made in lieu of a written document verifying the cause of registration under the Registration of Real Estate Act.
(5) The scope of public facilities referred to in paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 14 (Disposal of State or Public Property)
(1) Any asset situated on a project site and owned by the State or a local government may be leased or transferred to the implementer of a dam construction project, notwithstanding the State Property Act or the Public Property and Commodity Management Act.
(2) Where the Minister of Environment or a Mayor/Do Governor intends to formulate, amend, or approve an implementation plan, which involves the disposal of any State or public property under paragraph (1), he/she shall, in advance, consult with the management agency responsible for the management of the property. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) If it is unclear which administrative agency is responsible for the State property to be leased or transferred to the implementer of a dam construction project pursuant to paragraph (1), the Minister of Strategy and Finance shall be deemed a competent management agency.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
SECTION 2 Management of Dams
 Article 15 (Administrative Authorities Responsible for Dam Management and Managers Entrusted with Dam Management)
(1) Dams shall be managed by the Minister of Environment: Provided, That the dams constructed by a Mayor/Do Governor or the head of a Si/Gun shall be managed by the competent Mayor/Do Governor or the head of the competent Si/Gun. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) If the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun, who is responsible for the management of a dam under paragraph (1) (hereinafter referred to as "dam management agency") may entrust the management of the dam to a person who holds the right to use the dam (hereinafter referred to "dam usage right-holder") or a public institution under the Act on the Management of Public Institutions, which installs and operates dams as he/she may deem necessary for the management of the dam. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) Matters necessary for the entrustment of dam management under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 16 (Basic Principles of Dam Management)
Dams shall be managed properly to enhance public interests with water stored in the dams, to eliminate or mitigate injuries and losses, and to avoid the violation of a right to use a dam.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 17 (Dam Management Regulations)
(1) A dam management agency shall prescribe regulations for the management of the dam in compliance with the basic principles of dam management under Article 16, as prescribed by Presidential Decree.
(2) A person entrusted with the management of a dam under Article 15 (2) (hereinafter referred to as "dam custodian") shall prepare regulations on dam management and obtain approval thereof from the competent dam management agency. The foregoing shall also apply where he/she intends to amend the regulations on dam management.
(3) Where a dam management agency intends to establish or approve regulations on dam management pursuant to paragraph (1) or (2), it shall consult in advance with the heads of related central administrative agencies and shall hear opinions of the grantee of dam usage rights or the dam usage right-holder. The foregoing shall also apply where it is intended to amend the regulations on dam management.
(4) If deemed necessary for the efficient management of water resources, a dam management agency may order the dam custodian to amend the relevant regulations on dam management under paragraph (2), and require the person to submit a report on the management of the dam, or give instructions to the person, as necessary.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 18 (Measures to Prevent Hazards)
If a dam management agency or a dam custodian finds that a discharge of water stored in the relevant dam is likely to result in a significant change in the downstream, the agency or person shall notify the relevant Mayors/Do Governors of the intended discharge to prevent risks, as prescribed by Presidential Decree, and shall take measures to inform the general public thereof.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 18-2 (Projects for Management of Dams)
If necessary to manage a dam appropriately, the competent dam management agency or the dam custodian may implement the following projects, as prescribed by Presidential Decree:
1. Projects for eliminating or alleviating flood damage, traffic inconvenience, etc., caused by the dam;
2. Projects for enhancing the utility of the dam, such as projects for creating rest areas and installing sports facilities.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 18-3 (Evaluation of Dams)
(1) The Minister of Environment shall require a dam management authority to evaluate the dam spillway capacity, flood control capacity, etc. on a regular basis in order to better utilize the dam and efficiently manage water resources, and may utilize the results of the evaluation thereof in the formulation of a plan related to water resources, such as a long-term dam construction plan. <Amended by Act No. 15624, Jun. 8, 2018>
(2) Evaluation under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14337, Dec. 2, 2016]
SECTION 3 Special Cases concerning Construction and Management of Multipurpose Dams
 Article 19 (Grantees of Dam Usage Rights)
(1) In order to be granted the right to use a dam, a person shall file an application for the grant of the right to use the dam and shall satisfy the prerequisites specified in Article 25.
(2) An heir, a corporation incorporated in the course of a merger, or any other person who universally succeeds to a grantee of dam usage rights shall succeed to the status of the grantee of dam usage rights.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 20 (Bearing of Costs of Construction of Multipurpose Dams)
(1) A grantee of dam usage rights shall contribute an amount apportioned to him/her out of the cost of construction of the relevant multipurpose dam, as prescribed by Presidential Decree.
(2) The following costs and expenses shall be taken into consideration in apportioning the cost to be contributed by a grantee of dam usage rights under paragraph (1):
1. The estimate of investment calculated on the basis of utility obtained by using the water stored in the relevant multipurpose dam for the use for which the right to use the dam is to be granted;
2. The estimate of the cost necessary for the installation of a structure to be exclusively used for the purpose of use for which the right to use the dam is to be granted to obtain utility, up to the same level as the utility that the structure can provide.
(3) An amount calculated by subtracting the portion to be borne under paragraph (1) from the construction cost of the relevant multipurpose dam shall be borne by the National Treasury.
(4) If a grantee of dam usage rights fails to obtain the right to use the dam, the State shall refund the amount contributed by the person as a portion of cost pursuant to paragraph (1) to the person: Provided, That the refunding of such amount may be suspended until, if any, a third grantee of dam usage rights is designated, except where the relevant plan is abolished.
(5) Where the return of an amount contributed as a portion of cost pursuant to the proviso to paragraph (4), the State shall pay interest for the period of suspension, as prescribed by Presidential Decree.
(6) Matters necessary for the scope of cost necessary for the construction of a multipurpose dam, the payment method for the portion of cost to be contributed, the payment deadline for such contribution, and the refund of such contribution shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 21 (Prior Investment by State)
If it is necessary to control floods or to fulfill other special purposes, the Minister of Environment may build a multipurpose dam without designating a grantee of dam usage rights. In such case, the provisions governing a grantee of dam usage rights or a dam usage right-holder shall become applicable at the time the grantee of dam usage rights or the dam usage right-holder is designated. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 22 (Cost-Bearing by Local Governments)
The Minister of Environment may require the local governments that substantially benefit from the construction of a multipurpose dam (excluding the local government having jurisdiction over the area in which the dam is to be built) to bear the costs that otherwise shall be borne by the National Treasury pursuant to Article 20 (3) out of the costs necessary for the construction of the dam, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 23 (Beneficiary Contributions)
(1) The Minister of Environment may determine and impose some of expenses incurred in constructing a multipurpose dam as beneficiary contributions within the expected profit of each electricity generation business entity (referring to the expected increased profit during the period corresponding to the period of construction of the dam after completion of the construction of the dam), which increases due to the construction of the relevant multipurpose dam, with the fixed deadline for payment on a person who intends to conduct electricity generation business (referring to electricity generation business under subparagraph 3 of Article 2 of the Electric Utility Act) using water flowing through the river where the relevant multipurpose dam is constructed at the time an announcement of the completion of the construction of the dam under Article 12 (1) is made. <Amended by Act No. 15624, Jun. 8, 2018>
(2) Where a person who should pay beneficiary contributions pursuant to paragraph (1) fails to meet the deadline for payment, the Minister of Environment shall collect additional dues equivalent to 3/100 of beneficiary contributions which are unpaid from the date after the deadline for payment. <Amended by Act No. 15624, Jun. 8, 2018>
(3) In addition to matters provided for in paragraphs (1) and (2), methods for calculating and collecting beneficiary contributions or additional dues shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 14337, Dec. 2, 2016]
 Article 23-2 (Revocation and Alteration of Determination and Imposition, and Return of Beneficiary Contributions)
(1) Where any of the following reasons arises after the Minister of Environment has determined and imposed beneficiary contributions or additional dues (hereinafter referred to as "beneficiary contributions, etc." in this Article) pursuant to Article 23, he/she shall revoke the determination and imposition thereof: <Amended by Act No. 15624, Jun. 8, 2018>
1. Where a basic plan is abolished;
2. Where a person who is to bear beneficiary contributions, etc. becomes unable to receive a profit from the construction of the relevant multipurpose dam because a basic plan has been modified;
3. Where the relevant beneficiary becomes unable to receive a profit from the construction of the relevant multipurpose dam because permission, authorization, etc. for his/her business is revoked or altered at the time completion of the construction of the dam is announced.
(2) Where the expected profit of a person who is to bear beneficiary contributions, etc. pursuant to Article 23 is altered due to modifications to a basic plan, the Minister of Environment shall alter the determination and imposition of beneficiary contributions, etc. <Amended by Act No. 15624, Jun. 8, 2018>
(3) In cases falling under any of the following, the Minister of Environment shall return beneficiary contributions, etc. and added interest prescribed by Presidential Decree to a person who has paid beneficiary contributions, etc.: <Amended by Act No. 15624, Jun. 8, 2018>
1. Where there are overpaid or erroneously paid beneficiary contributions, etc.;
2. Where the determination and imposition of beneficiary contributions, etc. is revoked pursuant to paragraph (1);
3. Where beneficiary contributions, etc. decreases because the determination and imposition of beneficiary contributions, etc. is altered pursuant to paragraph (2).
[This Article Newly Inserted by Act No. 14337, Dec. 2, 2016]
 Article 23-3 (Filing Objection)
(1) Where a person who bears beneficiary contributions under Article 23 has an objection to the imposition thereof, he/she may file an objection within 60 days from the date of the imposition. <Amended by Act No. 14337, Dec. 2, 2016>
(2) Upon receipt of an objection under paragraph (1), the Minister of Environment shall decide thereon within 30 days from the date the objection is filed, and shall, without delay, notify the person who has raised the objection to the Minister's decision in writing. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) Where a person who bears beneficiary contributions under Article 23 has an objection to the imposition thereof, he/she may file a request for trial under the Administrative Appeals Act or an administrative litigation under the Administrative Litigation Act, irrespective of whether he/she files an objection pursuant to paragraph (1). <Amended by Act No. 14337, Dec. 2, 2016>
[This Article Newly Inserted by Act No. 10760, May 30, 2011]
 Article 24 (Granting of Right to Use Dam)
(1) The Minister of Environment shall grant the right to use a multipurpose dam to a person who intends to use the water stored in the dam for a specific use, upon receipt of an application therefrom. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) When the Minister of Environment grants the right to use a dam under paragraph (1), he/she shall clearly stipulate the following matters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. Objectives of the granting;
2. The highest and lowest levels of water to be secured in accordance with the right to use the relevant dam granted, and the water storage capacity.
(3) The matters under paragraph (2) 2 shall be determined in a way that maximizes the utility of the relevant dam.
(4) When the Minister of Environment gives public notice of the completion of a dam pursuant to Article 12, he/she shall, without delay, grant the right to use the dam to the grantee of dam usage rights. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(5) A grantee of dam usage rights is to be granted may use the water stored in the dam for a specific purpose with permission from the Minister of Environment, even before the right to use the dam is granted to that person under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 25 (Prerequisites for Granting of Right to Use Dam)
The Minister of Environment shall grant the right to use a dam to an applicant, only if the applicant satisfies the following prerequisites: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. If the purpose of using the water stored in the relevant multipurpose dam conforms to the purpose of obtaining the right to use the dam;
2. If the applicant has obtained permission or authorization necessary to use the water stored in the multipurpose dam.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 26 (Restrictions on Occupancy and Use of River for Specific Purposes)
A person who intends to use water stored in a multipurpose dam for a specific purpose shall obtain a permit to occupy and use the river under Article 33 of the River Act and a permit to use water from the river under Article 50 of the aforesaid Act and then shall obtain the right to use the dam under Article 24.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 27 (Refusal to Grant Right to Use Dam)
(1) The Minister of Environment may refuse to grant the right to use a dam to a person not designated in the relevant basic plan as a grantee of dam usage rights. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) In any of the following cases, the Minister of Environment shall refuse to grant the right to use a dam to the grantee of dam usage rights: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. If the grantee of dam usage rights fails to satisfy the prerequisites specified in Article 25;
2. If the grantee of dam usage rights fails to pay his/her contribution prescribed in Article 20 (1).
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 28 (Areas to be Covered by Stored Water)
The area for which stored water may be secured in accordance with the right to use a dam shall be limited to the area demarcated by a line along which the highest level of stored water, as defined in Article 24 (2) 2, abuts onto the land.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 29 (Nature of Right to Use Dam)
The right to use a dam shall be deemed a real right, and the provisions regarding real property shall apply mutatis mutandis to the right to use a dam, except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 30 (Restrictions on Disposal of Right to Use Dam)
(1) A right to use a dam shall not be the subject matter of any other right, except where such right becomes the subject matter of inheritance, a merger of, or other universal succession to, a corporation, a transfer, a disposition of tax in arrears, compulsory execution, or a mortgage.
(2) If a right to use a dam becomes subject to a registered mortgage, such right shall not be divided, merged, or waived, nor shall the purpose of the grant of the right be changed, unless the mortgagee consents thereto.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 31 (Revocation of Right to Use Dam)
(1) If the Minister of Environment cannot provide the same access to water in a river to any person other than the dam usage right-holder as before, as he/she intends to fully or partially revoke the permission to occupy and use the river under Article 33 of the River Act and the permission to use river water under Article 50 of the aforesaid Act, which have been granted to the dam usage right-holder, he/she shall cancel or modify the right to use the dam, along with revocation of the permission, etc. to occupy and use the dam granted to the dam usage right-holder. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) If it is necessary to provide access to use water river to any person, in addition to the dam usage right-holder, as the Minister of Environment intends to fully or partially revoke the permission to occupy and use a river under Article 33 of the River Act and the permission to occupy and use water in the river under Article 50 of the aforesaid Act, which have been granted to the dam usage right-holder, he/she may order the dam usage right-holder to fully or partially transfer the right to use the dam to a third party within a reasonable period of time. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) If the dam usage right-holder does not transfer his/her right to use the dam within the period specified pursuant to paragraph (2), the Minister of Environment may fully or partially revoke the right to use the dam, only where any person other than the dam usage right-holder is eligible to obtain permission to use river water on the same terms and conditions as those of the permission granted to the dam usage right-holder for the use of river water. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(4) If it is impossible to maintain the right to use a dam in any of the following cases, the Minister of Environment may fully or partially revoke or modify the right to use the dam. In such case, the Minister of Environment shall hear the opinions of the dam usage right-holder: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. If the water storage capacity has been changed as a result of the extension or reconstruction of the dam;
2. If the pattern of the use of water stored in the dam has changed.
(5) Where the Minister of Environment revokes or modifies the right to use a dam under paragraph (4), he/she shall amend and publicly notify the provisions regarding the distribution of stored water by purpose in the relevant basic plan publicly notified pursuant to Article 7 (4). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 32 (Registration)
(1) The right to use a dam, the creation, alteration, transfer, or dissolution of a mortgage relating thereto, or a restriction on the disposal of the right to use a dam shall be ineffective, unless entered in the register of rights to use a dam, which shall be kept in the Ministry of Environment. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) Except as otherwise provided for in paragraph (1), matters necessary for the registration of rights to use a dam and mortgages relating thereto shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 33 (Charges)
Except where the right to use a dam has been granted under Article 24 (4), a dam usage right-holder shall pay charges in an amount calculated using the formula prescribed by Presidential Decree to the National Treasury. The estimated amount of investment calculated in accordance with Article 20 (2) 1 shall be taken into consideration in calculating charges in such cases.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 34 (Refunds of Contributions)
(1) When the State revokes or alters a right to use a dam under Article 31, it shall partially refund the contributions paid pursuant to Article 20 (1) or charges paid pursuant to Article 33.
(2) The amount to be refunded pursuant to paragraph (1) shall be calculated in the same way as the relevant contributions or charges are calculated, but the amount to be refunded to a grantee of dam usage rights pursuant to Article 24 (4) shall not exceed an amount calculated by subtracting the depreciation cost calculated by the formula prescribed by Presidential Decree from the contributions paid pursuant to Article 20 (1).
(3) If the creation of a mortgage is registered over a right to use a dam, which is extinguished by revocation or alteration under Article 31, the State shall deposit the amount refundable under paragraph (1) in the competent court, except where the mortgagee consents to such revocation or alteration. In such cases, the mortgagee over the right to use a dam may exercise his/her rights on the refund so deposited.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 35 (Collection of Usage Charges)
(1) A dam usage right-holder or a grantee of dam usage rights may collect usage charges from persons who use water stored in the dam: Provided, That no usage charge shall be collected from a person who uses water from a river with the permission to use water from the river under Article 50 of the River Act.
(2) A dam usage right-holder or a grantee of dam usage rights shall take into consideration the volume of water used by a person who uses water stored in the dam in determining the amount of usage charges under paragraph (1), which shall not exceed the amount that he/she has contributed pursuant to Article 20 (1) or the amount he/she has paid pursuant to Article 33.
(3) When a dam usage right-holder or a grantee of dam usage rights intends to collect usage charges pursuant to paragraph (1), he/she shall determine the methods for calculating and collecting such usage charges and the deadline for payment, etc. and shall, in advance, obtain the approval of the Minister of Environment. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 36 (Apportionment of Expenses to Manage Multipurpose Dams)
(1) Expenses incurred in maintaining, repairing, or managing a multipurpose dam shall be borne by the National Treasury, the dam usage right-holder or the grantee of dam usage rights. No expenses to be borne by the manager entrusted with the management of the dam shall exceed his/her revenue from the entrusted management of the dam.
(2) Matters necessary for the allocation of expenses under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 37 (Compulsory Collection of Contributions)
(1) Where any person fails to pay contributions, additional dues or charges falling under any of the following, the Minister of Environment shall send a demand letter to the person urging him/her to pay the amount by the payment deadline specified by the Minister: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
1. Contributions under Article 20 (1);
2. Beneficiary contributions or additional dues under Article 23;
3. Charges under Article 33;
4. Contributions by a dam usage right-holder under Article 36.
(2) Where a person who received such demand made pursuant to paragraph (1) fails to pay contributions, additional dues, or charges by the deadline for payment, the Minister of Environment may collect such contributions, additional dues and money due in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14337, Dec. 2, 2016; Act No. 15624, Jun. 8, 2018>
(3) The right to collect contributions, additional dues, or charges under paragraph (1) shall be extinguished by prescription unless the right is exercised for five year. <Amended by Act No. 14337, Dec. 2, 2016>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 38 (Recognition of Multipurpose Dams)
(1) If it is found that a dam built by any person, other than the Minister of Environment, has great utility as a multipurpose dam, he/she may pay the amount of compensation as he/she deems reasonable to a person who built the dam, through negotiations with the person, and may designate the dam as a multipurpose dam defined in this Act. In such case, the Minister of Environment may grant the right to use the dam to a person who built the dam, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) Where the Minister of Environment designates a non-multipurpose dam as a multipurpose dam pursuant to paragraph (1), he/she shall publicly notify the following matters without delay, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. Grounds for recognizing the dam as a multipurpose dam;
2. Matters specified in Article 7 (1) 2 through 4;
3. Matters regarding compensation to the person who built the dam.
(3) If it is found that a dam under construction by any person, other than the Minister of Environment, has great utility as a multipurpose dam, the State may partially subsidize the costs of constructing the dam or may arrange a loan for the construction. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(4) When the State provides a subsidy or arranges a loan pursuant to paragraph (3), the Minister of Environment may require the recipient of such subsidy or loan to provide instructions on the construction of the dam or may require said person to inspect the dam facilities under construction or to submit a report thereon. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
CHAPTER III SUPPORT FOR LOCAL RESIDENTS IN DAM CONSTRUCTION AREA
 Article 39 (Support for Persons Not Relocated to Designated Settlement)
The implementer of a dam construction project may provide support to persons who fails to move to the designated settlement, among residents relocated from the area to be submerged, and other persons specified by Presidential Decree, as prescribed by Presidential Decree, taking into consideration the loss of their hometown and basis of their livelihood due to the construction of the dam.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 40 (Support for Persons Relocated from Area to be Submerged)
(1) If it is necessary to build houses for residents relocated from an area to be submerged and develop a basis of their livelihood, thus smoothing out the process of relocation and settlement, the Minister of Environment may request the Minister of Land, Infrastructure and Transport to give priority to helping them by tapping into the Housing and Urban Fund under the Housing and Urban Fund Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12989, Jan. 6, 2015; Act No. 15624, Jun. 8, 2018>
(2) If it is necessary to develop a basis of the livelihood of the residents relocated from an area to be submerged, the implementer of a relevant dam construction project may request the Minister of Environment to give priority to supporting them through the Housing and Urban Fund under the Housing and Urban Fund Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12989, Jan. 6, 2015; Act No. 15624, Jun. 8, 2018>
(3) The head of a local government having jurisdiction over a dam construction area or an area to which water will be supplied from the dam to be built and the dam custodian may provide vocational training programs to residents relocated from the area to be submerged and may take other measures necessary to provide livelihood support to those residents, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 41 (Projects on Improvement of Dam Environs)
(1) The head of a Si/Gun/Gu having jurisdiction over areas adjacent to the dam that meets or exceeds the criteria prescribed by Presidential Decree shall implement projects on the improvement of areas adjacent to dams (hereinafter referred to as "projects on the improvement of dam environs") during the period of dam construction in order to promote economic growth in the dam environs and improve the living environment, taking into consideration changes likely to occur due to the construction of the dam.
(2) Where a basic plan for constructing a dam of a size that meets the standard referred to in paragraph (1) is publicly notified, the Mayor/Do Governor having jurisdiction over the area in which the main body of the dam will be built shall, without delay, formulate a plan pertaining to projects on the improvement of dam environs and shall obtain the approval of the Minister of Environment: Provided, That the plan does not require the approval of the Minister of Environment, if the dam is built by a Mayor/Do Governor or the head of a Si/Gun. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) Where a Mayor/Do Governor intends to formulate a plan relating to the improvement of dam environs under paragraph (2), he/she shall, in advance, consult with the implementer of a relevant dam construction project and the head of a competent Si/Gun/Gu.
(4) Further details regarding the scope of dam environs under paragraph (1) and projects on the improvement of dam environs shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 42 (Financial Resources for Projects on Improvement of Dam Environs)
(1) No cost of projects on the improvement of dam environs shall exceed the standard amount calculated by adding a factor determined by the method prescribed by Presidential Decree, taking into consideration the water storage area, gross water storage capacity, and demand for development based on households from the submerged area, and local requirements, to the basic amount based on either of the following gross water storage capacity: <Amended by Act No. 11185, Jan. 17, 2012>
1. At least 20 million cubic meters but less than 150 million cubic meters: 30 billion won;
2. At least 150 million cubic meters: 40 billion won.
(2) The cost of the projects on the improvement of dam environs shall be borne by the implementer of the relevant dam construction project and the head of the competent Si/Gun/Gu.
(3) Specific guidelines for allocating the cost of projects on the improvement of dam environs under paragraph (2) and matters regarding the management of such projects shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 43 (Projects for Supporting Dam Environs)
(1) In order to boost the income of residents in the dam environs specified by Presidential Decree and to enhance the welfare of such residents, the competent dam management authority or the dam custodian shall formulate a project plan for supporting dam environs (hereinafter referred to as "projects for supporting dam environs") for each year after the construction of the dam is completed, as prescribed by Presidential Decree.
(2) Where a dam management authority or the dam custodian intends to formulate a project plan for supporting dam environs pursuant to paragraph (1), the dam management authority or the dam custodian shall consult, in advance, with the head of a Si/Gun/Gu having jurisdiction over the dam environs.
(3) When the dam custodian formulates a project plan for supporting dam environs pursuant to paragraph (1), the person shall submit such plan to the competent dam management authority.
(4) A project for supporting dam environs shall be implemented by any of the following persons, as prescribed by Presidential Decree:
1. The competent dam management agency or dam custodian;
2. The head of a Si/Gun/Gu having jurisdiction over the relevant dam environs.
(5) The extent of an area for which a project plan for supporting dam environs shall be formulated shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 44 (Financial Resources for Projects for Supporting Dam Environs)
(1) Funds necessary for projects for supporting dam environs shall be procured from the following sources: Provided, That contributions under subparagraphs 1 and 2 shall be provided only for a dam eligible for the projects for supporting dam environs under Article 43:
1. Contribution by the competent dam management agency or the dam usage right-holder;
2. Contribution by waterworks business entities supplying tap water or industrial water from the dam;
3. Loans;
4. Revenues accruing from the management of the funds procured.
(2) The competent dam management authority or the dam usage right-holder, or the waterworks business entities supplying tap water or industrial water from the dam shall pay an amount at either of the following rates as a contribution referred to in paragraph (1) 1 and 2, respectively:
1. Not more than 6/100 of revenues from the sale of power during the year immediately before the previous year;
2. Not more than 20/100 of the amount calculated by multiplying the volume of tap and industrial water sold during the year immediately before the previous year by a unit price of dam water set by the Korea Water Resources Corporation for the year immediately before the previous year.
(3) The funds procured pursuant to paragraph (1) for projects for supporting dam environs shall be managed by the competent dam management authority or the dam custodian. In such cases, the competent dam management authority or the dam custodian shall manage the funds for projects for supporting dam environs under paragraph (1) in a separate account.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 44-2 (Creation of Environment-Friendly Spaces in Dam Environs)
(1) In order to promote the development of dam environs, the head of a Si/Gun/Gu having jurisdiction over dam environs under Articles 41 and 43 may implement projects for creating space for recreational, cultural, and leisure activities (hereinafter referred to as "environment-friendly space"), including nature-learning places, ecology parks, and water sports facilities utilizing lakes, swamps, and surrounding scenery, as prescribed by Presidential Decree, to the extent that such projects do not adversely affect the total water pollution load control system under the Water Environment Conservation Act and other relevant Acts. <Amended by Act No. 14532, Jan. 17, 2017>
(2) Where the head of a Si/Gun/Gu intends to implement a project for creating environment-friendly space in dam environs pursuant to paragraph (1), he/she shall consult in advance with the competent dam management authority.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 44-3 (Preferential Establishment of Public Facilities)
The head of a central administrative agency or the head of the competent Si/Gun/Gu may prioritize constructing roads, bridges, waterworks, and other public facilities or implement other projects specified by Presidential Decree in dam environs in order to promote the economy in the dam environs and to improve habitats in the dam environs.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 44-4 (Installation of Public Sewerage)
(1) If necessary to perform an agreement made pursuant to the provisions of Articles 27 through 31 of the Environmental Impact Assessment Act (including re-consultation under Article 21 of the Environmental Impact Assessment Act and plans for environmental conservation under Article 33 of the aforesaid Act), the implementer of a dam construction project may be entrusted with installation of a public sewerage system from the competent public sewerage management authority under Article 74 (3) of the Sewerage Act and may install the public sewerage system during the construction period of the dam. <Amended by Act No. 10892, Jul. 21, 2011>
(2) The apportionment to a local government, of the cost of installing a public sewerage system under paragraph (1), may be reapportioned to either of the following persons:
1. A grantee of dam usage rights who is to use water stored in the dam for tap water and industrial water, if the dam is a multipurpose dam;
2. A waterworks business entity, if the dam is a dam for tap water or industrial water.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 45 (Authority of Minister of Environment)
(1) Where a basic plan for constructing a dam is publicly notified, the Minister of Environment shall make the following dispositions, etc. for the project site and the river area publicly notified under Article 12 (1) and (2), notwithstanding the River Act and the Aggregate Extraction Act: Provided, That if the dam is to be built by a Mayor/Do Governor or the head of a Si/Gun, a competent Mayor/Do Governor or the head of a competent Si/Gun shall make the following dispositions, etc.; if the management of the dam is entrusted pursuant to Article 15 (2), such dispositions, etc. shall be made by the dam custodian, within the scope of entrustment, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
1. Permission to implement river works under Article 30 of the River Act; the permission to occupy and use a river under Article 33 of the aforesaid Act; and the permission to use water from a river under Article 50 of the aforesaid Act;
2. Acceptance of a report on the devolution to rights and obligations under Article 5 (2) of the River Act from a person to whom the permission under subparagraph 1 has been granted;
3. Designation of an area in which camping, cooking, and fishing, which pollutes rivers with bait, such as past bait and fish meal, are prohibited;
4. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
5. The following dispositions made in relation to dispositions, etc. prescribed in subparagraphs 1 through 4:
(a) The revocation of a permission or the suspension of construction works under Article 69 or 70 of the River Act;
(b) The revocation of permission to extract aggregate or suspension of the extraction of aggregate under Article 31 of the Aggregate Extraction Act; and reinstatement order under Article 33 of the aforesaid Act.
(2) Where the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun, or a dam custodian intends to make any disposition under paragraph (1), he/she shall, in advance, consult with the heads of the relevant administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(3) Where the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun intends to make any disposition under paragraph (1), he/she shall, in advance, hear the opinions of the relevant dam custodian. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(4) A dam custodian may collect rents or usage charges from a person to whom permission has been granted under paragraph (1) 1 or 4 and may use such rents or usage charges to cover expenses incurred in managing the dam, notwithstanding the provisions of Article 37 (1) through (4) of the River Act.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 46 (Relationship to the River Act)
Except as otherwise provided for in this Act, the River Act shall apply to necessary matters regarding the construction and management of dams.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 47 (Hearings)
When a dam management authority intends to make either of the following dispositions, it shall hold a hearing:
1. An order to transfer a right to use the relevant dam under Article 31 (2);
2. The revocation of permission under Article 45 (1) 5.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 48 (Delegation of Authority)
(1) The Minister of Environment may delegate part of his/her authority granted under this Act to the heads of affiliated institutions or the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
(2) The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun may entrust part of his/her business, such as conducting investigations and research, or constructing a dam under this Act, to a corporation, organization or agency related to dams or cause them to act for him/herself. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 48-2 (Subsidized Construction of Dam)
The State or a Mayor/Do Governor may bear all or some of the expenses incurred by a local government in executing a dam construction project as the implementer for the cost incurred for the dam construction project, within budgetary limits.
[This Article Newly Inserted by Act No. 10760, May 30, 2011]
CHAPTER V PENALTY PROVISIONS
 Article 49 (Penalty Provisions)
Any executive officer or employee of a dam custodian who causes damage to the public or hinders flood control in violation of Article 18 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won.
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 50 Deleted. <by Act No. 7715, Dec. 7, 2005>
 Article 51 (Penalty Provisions)
Any person, other than an administrative authority, who engages in an activity specified in Article 10 (1) without permission or consent required under any provision of Article 10 (3) through (5) shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding three million won. <Amended by Act No. 11185, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
 Article 52 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations described in Article 49 or 51 in conducting the business affairs of such corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine under the relevant provisions; Provided, That where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such violation, the foregoing shall not apply.
[This Article Wholly Amended by Act No. 9597, Apr. 1, 2009]
 Article 53 (Administrative Fines)
(1) Any person who obstructs or refuses an act conducted pursuant to Article 10 (1) without good cause shall be punished by an administrative fine not exceeding three million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Environment or the competent Mayor/Do Governor (limited to administrative fines imposed for offenses committed in connection with a dam built by the Mayor/Do Governor), as prescribed by Presidential Decree. <Amended by Act No. 11185, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
[This Article Wholly Amended by Act No. 10760, May 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of Other Act)
The Specific Multi-purpose Dams Act is hereby repealed.
Article 3 (General Transitional Measures)
Any disposition, process and other acts performed under the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been performed under the provisions of this Act unless they are in conflict of this Act.
Article 4 (Transitional Measures concerning Area Intended for Construction of Multipurpose Dam)
(1) An area intended for the construction of a multipurpose dam designated and published under Article 5-3 of the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been designated and published as an area intended for the construction of a dam under Article 5.
(2) A permission granted by the Minister of Construction and Transportation for the acts under each subparagraph of Article 6 (1) in the area intended for the construction of a multipurpose dam under Article 5-3 (3) of the previous Specific Multi-purpose Dams Act at the time when this Act enter into force shall be deemed to have been granted by the head of Si/Gun/Gu under Article 6 (1).
(3) A person who raises livestock under Article 6 (1) 4 in the area intended for the construction of a multipurpose dam under Article 5-3 (3) of the previous Specific Multi-purpose Dams Act at the time when this Act enters into force may continue to do so, notwithstanding the provisions of Article 6: Provided, That he/she shall file a report thereon with the head of Si/Gun/Gu within 3 months from the date on which this Act enters into force.
Article 5 (Transitional Measures concerning Area Intended for River of Dam)
(1) An area intended for a river of dams being constructed for the tap and industrial water under the statutes other than the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been designated and published as an area intended for dam construction under Article 5.
(2) A permission granted by a river management agency for the acts under each subparagraph of Article 6 (1) in the area intended for a river of dams for the tap and industrial water under construction under the statutes other than the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been granted by the head of Si/Gun/Gu under Article 6 (1).
(3) A person who is performing the acts newly subjected to a permission under Article 6 (1) in the area intended for a river of a dam for the tap and industrial water under the statutes other than the previous Specific Multi-purpose Dams Act may continue to do so, notwithstanding the provisions of Article (6): Provided, That he shall file a report thereon with the head of Si/Gun/Gu within 3 months from the date on which this Act enters into force.
Article 6 (Transitional Measures concerning Existing Multipurpose Dams)
(1) A multipurpose dam constructed under the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been constructed under this Act.
(2) Dam management regulations prepared or approved under Article 32 of the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been prepared or approved under Article 17.
(3) A right for dam use established and any mortgage created for that purpose under Article 15 (1) of the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been established and created under Article 24.
(4) A plan devised for support projects for dam environs under Article 42-3 of the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been devised under Article 43.
Article 7 (Transitional Measures concerning Multipurpose Dam under Construction)
(1) A basic plan or an implementation pan devised for multipurpose dams under construction in accordance with Articles 5 and 5-2 of the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed to have been devised under Articles 7 and 8: Provided, That where a basic plan under Article 5 of the previous Multipurpose Dams Act has been devised, and where an implementation plan under Article 5-2 of the same Act has yet to be devised, the provisions of Article 5-2 and 5-5 of the previous Specific Multi-purpose Dams Act shall apply to a formulation of an implementation plan and a land expropriation with respect to a construction of the relevant dam.
(2) In the case of a dam for which an implementation plan has been devised and published under Article 5-2 of the previous Specific Multi-purpose Dams Act prior to December 31, 1996 from among the multipurpose dams under construction under the previous Specific Multi-purpose Dams Act, the support for those unsettled into resettlement lands under Article 39 shall be governed by Article 42 of the previous Specific Multi-purpose Dams Act.
(3) With respect to a multipurpose dam under construction in accordance with the previous Specific Multi-purpose Dams Act at the time when this Act enters into force, the consolidation project for dam environs under Articles 41 and 42 may be implemented under the conditions as prescribed by Presidential Decree.
Article 8 (Transitional Measures concerning Existing Dam for Tap and Industrial Water)
A dam constructed for the tap and industrial water under the statutes other than the previous Specific Multi-purpose Dams Act at the time when this Act enters into force shall be deemed a dam constructed for the tap and industrial water under this Act.
Article 9 (Transitional Measures concerning Dam for Tap and Industrial Water Under Construction)
With respect to a dam for the tap and industrial water under construction under the statutes other than the previous Specific Multi-purpose Dams Act at the time when this Act enters into force, the relevant statutes shall apply until a construction of such dam is completed, and with respect to a management after the completion of its construction, this Act shall govern: Provided, That with respect to a dam other than those already in use by obtaining an approval for use prior to the authorization of a completion of construction under relevant statutes, the consolidation project for dam environs may be executed by the mutatis mutandis application of Articles 41 and 42 under the conditions as prescribed by Presidential Decree.
Article 10 (Transitional Measures concerning River Area in Dam Construction Area)
(1) In applying the provisions of Article 45 with respect to permission, etc. for a river area in an area intended for dam construction or a dam construction area, the river area falling under each of the following subparagraphs shall be deemed a river area in an area intended for dam construction or a dam construction area under this Act:
1. A river area in an area intended for dam construction or in a dam construction area, in which a multipurpose dam was constructed or is under construction under the previous Specific Multi-purpose Dams Act;
2. A river area in which a dam for the tap or industrial water was constructed or is under construction under the statutes other than the previous Specific Multi-purpose Dams Act.
(2) In case where a permission has been granted under the River Act or the Aggregate Picking Act with respect to the acts falling under each subparagraph of Article 45 (1) in the river area under paragraph (1) 2 at the time when this Act enters into force shall be deemed to have been granted under Article 45 (1).
Article 11 (Transitional Measures concerning Penalty Provisions)
In applying the penalty provisions to any act committed prior to the enforcement of this Act, the provisions of the previous Specific Multi-purpose Dams Act shall apply.
Article 12 Omitted.
Article 13 (Relation with Other Statutes)
Where the previous Specific Multi-purpose Dams Act or its provisions are cited by other statutes at the time when this Act enters into force, and where this Act has any provisions corresponding to such citation, this Act or the corresponding provisions of this Act shall be deemed to have been cited.
ADDENDA <Act No. 6587, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Support for Those Not Relocated to Designated Settlement)
The amended provisions of Article 39 shall apply from the dam for which a basic plan pursuant to Article 7 has been first devised and publicly notified after January 1, 2001.
Article 3 (Applicability to Financial Resources for Projects for Rearrangement of Dam Environs)
The amended provisions of Article 42 shall apply from the dam for which a basic plan pursuant to Article 7 has been first devised and publicly notified after January 1, 2001.
Article 4 (Transitional Measures concerning Existing Dams)
(1) With respect to the dams which have been completed and publicly notified before March 7, 2000, the projects on the improvement of dam environs may be executed by applying mutatis mutandis the provisons of Article 41 and previous Article 42.
(2) The expenses to be borne by the implementer of a dam construction project from among the expenses for projects on the improvement of dam environs under paragraph (1), shall be borne by the dam management agency, a dam usage right-holder, or the tap water business entity from the dams for living and industrial water.
(3) The amount borne by a dam usage right-holder under paragraph (2) shall, in applying the provisions of Article 35 (2), be included in the contributions of the grantee of dam usage rights or in the charges of the dam usage right-holder.
(4) The dam subject to a project on the improvement of dam environs under paragraph (1), devising of plans and time for execution and financial resources shall be prescribed by Presidential Decree.
Article 5 (Applicability to Financial Resources for Projects for Supporting Dam Environs)
The amended provisions of Article 44 shall apply from the portion of the first contributions by a dam usage right-holder to create the financial resources for a project for supporting dam environs after January 1, 2003.
ADDENDA <Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 7158, Jan. 29, 2004>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Financial Resource for Projects for Supporting Dam Environs) The amended provisions of Article 44 shall apply from the portion of contributions by the dam management agency, the dam usage right-holder or the tap water business entity from dams for living and industrial water, for the first time after an enforcement of this Act, in order to create the financial resource for projects for supporting dam environs.
(3) (Transitional Measures concerning Dams for Flood Control under Construction) With regard to a construction of dams for flood control under construction as referred to other Acts at the time of enforcement of this Act, the relevant Act shall be applied not later than the time when the relevant construction is completed, notwithstanding the amended provisions of Article 3, but with regard to the management after the completion of construction, this Act shall govern: Provided, That the project on the improvement of dam environs may be implemented by applying mutatis mutandis the provisions of Articles 41 and 42, under conditions as prescribed by Presidential Decree.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7715, Dec. 7, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 8659, Oct. 17, 2007>
This Act shall enter into force on April 7, 2008.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 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.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9597, Apr. 1, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation; Provided, That the amended provisions of Articles 51 and 53 shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall apply to the imposition of punishment for acts committed before this Act enters into force.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10760, May. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11185, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Financial Resources for Projects for Rearrangement of Dam Environs)
The amended provisions of Article 42 shall apply to dams for which a basic plan is formulated and publicly notified on or after January 1, 2009.
Article 3 (Transitional Measure concerning Consultation on Authorization, Permission, etc.)
Where consultation on a case has been requested pursuant to previous provisions before this Act enters into force, such case shall be governed by such previous provisions, notwithstanding the amended provisions of Article 9 (3).
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14337, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Review of Propriety and Gathering of Opinions from Local Residents concerning Construction of Dam)
The amended provisions of Article 4 shall apply beginning with cases where the Minister of Land, Infrastructure and Transport intends to formulate or alter a long-term dam construction plan after this Act enters into force.
Article 3 (Applicability to Additional Dues for Beneficiary Contributions)
(1) The amended provisions of Articles 23 (2) and 23-2 (1) and (2) (limited to part concerning additional dues) shall apply beginning with additional dues for beneficiary contributions determined and imposed after this Act enters into force.
(2) The amended provisions of Article 37 shall apply beginning with cases where the Minister of Land, Infrastructure and Transport compulsorily collects additional dues after this Act enters into force.
Article 4 (Applicability to Return of Beneficiary Contributions)
The amended provision of Article 23-2 (3) shall also apply to cases where beneficiary contributions, etc. have been overpaid or erroneously paid, the determination or imposition of beneficiary contributions, etc. has been revoked, or beneficiary contributions, etc. have decreased because the determination or imposition of beneficiary contributions, etc. was altered.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date) This Act shall enter into force one year after the
date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, amended parts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14544, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 15624, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 4 of the Addenda, amended parts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 5 Omitted.