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ACT ON THE MANAGEMENT AND DISPOSAL OF PROPERTY HELD BY THE STATE OR LOCAL GOVERNMENTS FOLLOWING THE IMPLEMENTATION OF AGREEMENT UNDER ARTICLE Ⅳ OF THE MUTUAL DEFENSE TREATY BETWEEN THE REPUBLIC OF KOREA AND THE UNITED STATES OF AMERICA, REGARDING FACILITIES AND AREAS AND THE STATUS OF UNITED STATES ARMED FORCES IN THE REPUBLIC OF KOREA

Act No. 1905, Mar. 3, 1967

Amended by Act No. 2950, Dec. 31, 1976

Act No. 5454, Dec. 13, 1997

Act No. 9401, Jan. 30, 2009

Act No. 10825, Jul. 14, 2011

 Article 1 (Purpose)
The purpose of this Act is to provide for special cases regarding the management and disposal of property granted by the State or a local government to the Armed Forces of the United States of America following the implementation of the Agreement under Article Ⅳ of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of the Armed Forces of the United States of America in the Republic of Korea.
[This Article Wholly Amended by Act No. 10825, Jul. 14, 2011]
 Article 2 (Notification of Decision on Grant and Consultation thereon)
When a decision is made to grant any property of the State or a local government to the Armed Forces of the United States of America (hereinafter referred to as the "United States") pursuant to Article Ⅱ of the Agreement under Article Ⅳ of the Mutual Defense Treaty between the Republic of Korea and the United States regarding Facilities and Areas and the Status of the United States Armed Forces in the Republic of Korea (hereinafter referred to as the "Agreement"), the Minister of National Defense shall notify the Minister of Strategy and Finance, the head of the central governmental office or the head of the local government who has jurisdiction over the property, of such decision and shall consult therewith on measures necessary for the grant.
[This Article Wholly Amended by Act No. 10825, Jul. 14, 2011]
 Article 3 (Management of Granted Property)
The property of the State or a local government, granted to the United States Armed Forces pursuant to Article Ⅱ of the Agreement, shall be under the jurisdiction of the Minister of National Defense during the period of grant.
[This Article Wholly Amended by Act No. 10825, Jul. 14, 2011]
 Article 4 (Transfer of Control)
(1) Upon receipt of a notice from the Minister of National Defense pursuant to Article 2, the head of the central governmental office with jurisdiction over the State property shall transfer the control (hereinafter referred to as "transfer of control") over the relevant property to the Minister of National Defense without delay.
(2) The transfer of control shall be made without consideration, notwithstanding Article 17 of the State Property Act.
[This Article Wholly Amended by Act No. 10825, Jul. 14, 2011]
 Article 5 (Free Loan)
(1) Upon receipt of a notice from the Minister of National Defense pursuant to Article 2, the head of a local government shall lend the relevant property to the Minister of National Defense without delay.
(2) The loan of property of a local government under paragraph (1) shall be made without consideration.
[This Article Wholly Amended by Act No. 10825, Jul. 14, 2011]
 Article 6 (Return)
(1) When any property of the State or a local government, which is under the jurisdiction of the Minister of National Defense pursuant to Article 3, is returned by the United States without any reservation attached thereto to reuse it, the Minister of National Defense shall transfer jurisdiction over, or return, the property to the head of the central governmental office or the local government that originally had jurisdiction over the property: Provided, That when the Minister of National Defense considers it necessary for any military purpose, he/she may retain jurisdiction over the property, subject to consultation with the head of the central governmental office that originally had jurisdiction over the property and the Minister of Strategy and Finance or the head of the competent local government.
(2) When the Minister of National Defense transfers jurisdiction over, or returns, any property of the State or a local government pursuant to paragraph (1), he/she shall not be responsible for the reinstatement of the property.
(3) As to the transfer of jurisdiction under paragraph (1), Article 4 (2) shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 10825, Jul. 14, 2011]
 Article 7 Deleted.<by Act No. 10825, Jul. 14, 2011>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date when the Agreement takes effect.
(2) (Transitional Measures) With regard to property of the State or a local government, used by the United States Armed Forces when this Act enters into force, it shall be deemed that the jurisdiction over such property has been transferred or that such property has been lent pursuant to this Act, but the procedure under Articles 4 and 5 shall be completed within 90 days from the date this Act enters into force.
ADDENDA<Act No. 2950, Dec. 31, 1976>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM<Act No. 10825, Jul. 14, 2011>
This Act shall enter into force on the date of its promulgation.