SPECIAL ACT ON ASSISTANCE TO THE EXPO 2012 YEOSU KOREA
Wholly Amended by Act No. 11543, Dec. 11, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12738, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13055, Jan. 20, 2015
Act No. 14350, Dec. 2, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14804, Apr. 18, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the balanced development of national territory by accelerating the revitalization of marine tourism, the advancement of ocean science and technology, the development of the marine and fisheries industry, the rational and sustainable development, management and preservation of marine and fishery resources, the coastal and marine environment, by inheriting and commemorating the outcomes of EXPO 2012 Yeosu Korea and by efficiently utilizing EXPO facilities. <Amended by Act No. 14804, Apr. 18, 2017>
The terms used in this Act shall be defined as follows:
1. | The term "EXPO facility" means a facility prescribed by Presidential Decree that has been installed or is to be installed in the special ocean EXPO zones to hold the EXPO 2012 Yeosu Korea (hereinafter referred to as the "EXPO") or for the ex-post utilization thereof; |
2. | The term "ex-post utilization of the EXPO" means inheriting and developing the spirit and outcomes of the EXPO, efficiently managing (including selling, leasing and developing) EXPO facilities, and performing EXPO commemorative projects, etc. after holding the EXPO; |
3. | The term "special ocean EXPO zone" means a zone designated and publicly announced under Article 15 (1) to efficiently promote ex-post utilization of the EXPO; |
4. | The term "Yeosu Declaration" means a declaration adopted at the EXPO, which has reevaluated the sea as the source of tackling global common issues, such as climate change, resource scarcity and food shortage and green growth, and has announced the efforts of the international society for wise use of the sea and protection of the marine environment; |
5. | The term "Yeosu Project" means international cooperation programs to help developing countries to improve their ability to cope with marine issues in accordance with the spirit of the Yeosu Declaration. |
Article 3 (Relationship with Other Acts) |
This Act shall apply in preference to other Acts pertaining to matters concerning ex-post utilization of EXPO facilities.
CHAPTER II EXPO 2012 YEOSU KOREA FOUNDATION
Article 4 (Establishment of EXPO 2012 Yeosu Korea Foundation) |
(1) | There is hereby established an EXPO 2012 Yeosu Korea Foundation (hereinafter referred to as the "Foundation") in order to inherit and commemorate the outcomes from the EXPO and to perform projects, etc. related to ex-post utilization of the EXPO. |
(2) | The Foundation shall be a corporation and shall be duly incorporated by completing the registration for incorporation at the registry office having jurisdiction over its principal place of business. |
(3) | The Foundation shall perform the following projects to achieve the purposes provided for in paragraph (1): <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Formulation and implementation of the ex-post utilization plan of the EXPO; |
2. | All projects for inheriting and commemorating the outcomes from the EXPO; |
3. | The following projects related to the ex-post utilization of the EXPO: |
(a) | Sales projects for commemorating the EXPO; |
(b) | Sale of EXPO facilities and site, and inducement of private investments; |
(c) | Other projects prescribed by Presidential Decree in relation to the ex-post utilization of the EXPO; |
4. | Supporting projects related to the Yeosu Declaration and the Yeosu Project; |
5. | Supporting projects to revitalize marine tourism on the southern coast of Korea; |
6. | Cooperation with nations that participated in the EXPO and the Bureau of International Exhibitions; |
7. | Projects incidental to those referred to in subparagraphs 2 through 6; |
8. | Other projects authorized by the Minister of Oceans and Fisheries to achieve the purposes for which the Foundation is incorporated. |
(4) | The Foundation shall have a chairperson, not more than eight directors, and one auditor. In such cases, the chairperson shall be full-time and matters concerning other executives shall be determined by the articles of incorporation. |
(5) | The term of office of the executive officers shall be three years, and the consecutive appointment may be permitted. <Amended by Act No. 14350, Dec. 2, 2016> |
(6) | The chairperson shall be appointed by the Minister of Oceans and Fisheries upon the recommendation by the board of directors, and the directors and auditor shall be appointed by the chairperson upon approval by the Minister of Oceans and Fisheries, as stipulated in the articles of incorporation, on condition that at least one director recommended by the Governor of Jeollanam-Do and Mayor of Yeosu-Si respectively shall be included. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14350, Dec. 2, 2016> |
(7) | Except as otherwise expressly provided for in this Act, the provisions concerning incorporated foundations under the Civil Act shall apply mutatis mutandis to the Foundation. |
Article 5 (Financial Resources) |
(1) | Funds required for the operation and projects of the Foundation shall be raised from the following financial resources: <Amended by Act No. 13055, Jan. 20, 2015> |
1. | Contributions, subsidies and donations and articles from the State, local governments or other entities; |
2. | Income from the projects prescribed in Article 4 (3); |
(2) | The Foundation may manage the financial resources separate from others to implement supporting projects related to the Yeosu Project. |
(3) | Other matters necessary for the financial operation and management of the Foundation shall be prescribed by Presidential Decree. |
Article 6 (Lease, etc. of Public Property) |
(1) | If deemed necessary to assist the Foundation, a local government may gratuitously lease public property to the Foundation or allow it to gratuitously use or profit from public property, or may transfer other commodities or allow it to gratuitously use them within the extent that the use thereof is not hindered. |
(2) | Where it is intended to gratuitously lease any public property or commodities or to allow gratuitous use of, or profit from such public property or commodities, or to make any transfer under paragraph (1), the terms, conditions, procedures, etc. thereof shall be determined by a contract between the managing authorities of the relevant property or commodities and the Foundation. |
Article 7 (Borrowing Funds) |
Where deemed necessary for performing projects, the Foundation may borrow funds upon obtaining approval therefor from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
Article 8 (Exemption from Obligations to Purchase Bonds, etc.) |
Where the Foundation acquires, etc. any chattels or real estate for the projects provided for in Article 4 (3) (excluding profit-making projects), its obligation to purchase various bonds, etc. under relevant Acts and subordinate statutes may be exempted in the same manner as applicable to State agencies.
Article 9 (Requests for Provision of Data) |
The Foundation may request relevant administrative agencies, public institutions, educational institutions, research organizations, etc. to provide EXPO-related survey reports, theses and other data.
Article 10 (Approval, etc. of Project Plans) |
(1) | The Foundation shall prepare a project plan and a budget bill for the following year and obtain approval from the Minister of Oceans and Fisheries before the commencement of the relevant fiscal year. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Foundation shall submit a settlement report of revenues and expenditures of the relevant fiscal year to the Minister of Oceans and Fisheries within three months after the end of each fiscal year, along with the project performance of the relevant fiscal year. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER III INHERITANCE AND COMMEMORATION OF SPIRIT AND OUTCOMES FROM THE EXPO
Article 11 (Establishment and Operation of Memorial Hall of EXPO 2012 Yeosu Korea) |
In order to inherit and commemorate the outcomes from the EXPO, the Foundation may establish and operate a memorial hall of the EXPO 2012 Yeosu Korea.
Article 12 (Inheritance of Spirit of EXPO by State and Local Governments) |
The State and local governments shall, in connection with the ex-post utilization of the EXPO, endeavor to realize the spirit of the EXPO through the propagation of future vision of the oceans, the expansion of marine cultural facilities, and the development of marine tourism resources, etc. in the whole area of the southern coast of Korea, including the EXPO venues.
Article 13 (Participation and Cooperation of Civic Societies, etc.) |
Civic societies, etc. shall fully participate and cooperate in the projects implemented by the State and local governments in order to realize the spirit of the Yeosu Declaration. In such case, the local governments, etc. may provide expense, in whole or in part, necessary for activities of local civic societies to realize the spirit of Yeosu Declaration and inherit and commemorate the outcomes from the EXPO. <Amended by Act No. 14350, Dec. 2, 2016>
CHAPTER IV EX-POST UTILIZATION OF EXPO FACILITIES
Article 14 (Formulation and Implementation of Plans for Ex-Post Utilization of EXPO Facilities) |
(1) | To ensure the efficient ex-post utilization of EXPO facilities, the Foundation shall formulate a plan for the ex-post utilization of EXPO facilities (hereafter referred to as "plan" in this Article) and obtain approval therefor from the Minister of Oceans and Fisheries. In such cases, the Foundation shall take the conditions of the surrounding environment and geographical characteristics into consideration so that the EXPO facilities can be utilized ex-post in an environment-friendly manner. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | When the Minister of Oceans and Fisheries intends to approve the plan, he/she shall have prior consultation with the head of the relevant central administrative agency and the relevant local government. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14350, Dec. 2, 2016> |
(3) | Upon receipt of a request for consultation under paragraph (2), the head of the relevant central administrative agency and the relevant local government shall submit their opinion to the Minister of Oceans and Fisheries within 14 days after receiving the request, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14350, Dec. 2, 2016> |
(4) | When the Minister of Oceans and Fisheries approves the plan, he/she shall send the relevant documents to the heads of the relevant administrative agencies and the chairperson of the Foundation and publicly announce the approved plan in the Official Gazette. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | Paragraphs (1) through (4) shall apply mutatis mutandis to alterations of the plan: Provided, That paragraphs (2) and (3) shall not apply mutatis mutandis to the alteration of insignificant matters prescribed by Presidential Decree. |
(6) | Matters necessary for standards for formulating the plan and the public notice thereof and other matters shall be prescribed by Presidential Decree. |
Article 15 (Designation of Special Ocean EXPO Zones) |
(1) | The Minister of Oceans and Fisheries shall designate and publicly notify a special ocean EXPO zone (hereinafter referred to as "special zone") in accordance with the ex-post utilization plan of EXPO facilities approved under Article 14. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | When the Minister of Oceans and Fisheries intends to designate a special zone under paragraph (1) or alter a designated special zone, he/she shall hear the opinions of the competent Do Governor, Mayor and residents and consult with the heads of the relevant central administrative agencies, as prescribed by Presidential Decree: Provided, That this shall not apply where insignificant matters prescribed by Presidential Decree are altered. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | When the Minister of Oceans and Fisheries designates a special zone or alters a designated special zone under paragraph (1) or (2), he/she shall publicly notify the relevant documents, including a topographical map referred to in Article 8 (2) of the Framework Act on the Regulation of Land Use in the Official Gazette and send the copies of the relevant documents to the competent Do Governor and Mayor. In such cases, the competent Do Governor and Mayor in receipt of the copies of the relevant documents shall make them available to the general public for inspection for at least 14 days. <Amended by Act No. 11690, Mar. 23, 2013> |
Article 15-2 (Support for Boosting Special Zone) |
The State or local governments may provide support necessary to boost special zone including inviting training and education programs, meetings or events, and improving landscape of special zone by using EXPO facilities in order to increase participation from the private sector in developing and fostering the special zone.
[This Article Newly Inserted by Act No. 13055, Jan. 20, 2015]
Article 16 (Restriction on Acts, etc.) |
(1) | Any person who intends to construct a building, install a structure, change the form or quality of land, extract earth, stones, gravels and sand, capture or raise any marine animals and plants, subdivide land or pile stuffs, or do other acts prescribed by Presidential Decree in a special zone designated and publicly notified under Article 15 (1) shall obtain permission therefor from the competent Do Governor or Mayor. The same shall also apply where he/she intends to alter any permitted matters. |
(2) | Where the competent Do Governor or Mayor intends to grant permission or permission for alteration under paragraph (1), he/she shall first hear the opinion of the Minister of Oceans and Fisheries, if the act, etc. for which such permission is sought is likely to significantly hinder the projects related to the ex-post utilization of EXPO facilities and constitutes acts prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
Article 17 (Implementers of Projects Related to Ex-Post Utilization of EXPO Facilities) |
The Foundation may perform projects related to the ex-post utilization of EXPO facilities either directly or authorize any of the following entities to perform such projects by designating such entities as implementers: <Amended by Act No. 14350, Dec. 2, 2016>
3. | Private investors meeting the qualification requirements prescribed by Presidential Decree, including capital; |
4. | Corporations established by investment made by at least two entities falling under any of subparagraphs 1 through 3 and 3-2 to perform projects related to the ex-post utilization of EXPO facilities. |
Article 18 (Approval, etc. of Implementation Plans) |
(1) | Where the implementer of a project related to the ex-post utilization of EXPO facilities (hereinafter referred to as "project implementer") intends to perform such project, he/she shall prepare an implementation plan which includes the matters prescribed by Presidential Decree, such as the size and details of the project related to the ex-post utilization of EXPO facilities, the project period and the financing plan and obtain approval therefor from the Minister of Oceans and Fisheries, and the same shall also apply where he/she intends to alter an approved implementation plan: Provided, That this shall not apply where he/she intends to alter insignificant matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | When the Minister of Oceans and Fisheries approves an implementation plan or the alteration thereof, he/she shall publicly notify such fact in the Official Gazette without delay and send the copies of relevant documents to the competent Do Governor and Mayor. In such cases, the competent Do Governor and Mayor in receipt of the copies of the relevant documents shall make them available to the general public for inspection for at least 14 days. <Amended by Act No. 11690, Mar. 23, 2013> |
Article 19 (Constructive Authorization, Permission, etc. under Other Acts) |
(1) | When the Minister of Oceans and Fisheries grants approval for an implementation plan or alteration thereof, the matters consulted with the heads of the relevant administrative agencies under paragraph (3) on the following permission, authorization, determination, licenses, consultation, consent, approval, reports, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") for the implementation plan shall be deemed to have obtained the relevant authorization, permission, etc. and where an implementation plan is publicly notified under Article 18 (2), authorization, permission, etc. under the following Acts shall be deemed publicly notified or announced: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3. 2014; Act No. 14532, Jan. 17, 2017> |
12. | A permission to fell, extract earth, rock, etc. under Article 14 of the Erosion Control Act and cancellation of designation of land treated for erosion control under Article 20 of the same Act; |
16. | Permission for or reports on the installation of water pollutants discharging facilities under Article 33 of the Water Environment Conservation Act; |
(2) | When a project implementer who intends to obtain constructive authorization, permission, etc. under paragraph (1) applies for approval of an implementation plan or alteration thereof, he/she shall also submit relevant documents prescribed by relevant Acts. |
(3) | In granting approval of an implementation plan or alteration thereof, the Minister of Oceans and Fisheries shall consult with the heads of the relevant administrative agencies in advance, if such implementation plan or alteration includes a matter falling under any subparagraph of paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | The head of a relevant administrative agency in receipt a request for consultation from the Minister of Oceans and Fisheries under paragraph (3) shall submit his/her opinion within 20 days after receipt of such request. <Amended by Act No. 11690, Mar. 23, 2013> |
Article 20 (Application Mutatis Mutandis of Other Acts) |
Articles 59 (2) and (3), 61, 62, 75 and 80 of the Harbor Act shall apply mutatis mutandis to projects related to ex-post utilization of EXPO facilities. In such cases, "harbor redevelopment project" shall be construed as "project for ex-post utilization of EXPO facilities." <Amended by Act No. 14350, Dec. 2, 2016>
Article 21 (Tax Reductions and Exemptions) |
If necessary for the development and promotion of a special zone, the State and local governments may reduce or exempt national taxes and local taxes to be borne by implementers of projects related to the ex-post utilization of the EXPO or enterprises, etc. that start a business or newly established in the special zone, as prescribed by the Restriction of Special Taxation Act and other related statutes.
Article 22 (Reduction of, and Exemption from, Charges, etc.) |
The State and local governments may reduce or exempt the following charges, etc. if necessary for expedite the sale and lease of EXPO facilities and sites:
Article 23 (Projects to Sell Housing Sites, etc.) |
Articles 24 and 25 Deleted. <by Act No. 14350, Dec. 2, 2016> |
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 26 Deleted. <by Act No. 13055, Jan. 20. 2015> |
Article 27 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
Article 28 Deleted. <by Act No. 13055, Jan. 20. 2015> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Preparation for Incorporation of Foundation)
(1) | The Minister of Oceans and Fisheries shall commission not more than five incorporators within two months from the promulgation date of this Act and assign them to take charge of the affairs concerning the incorporation of the Foundation and appointment of the executives at the time of its incorporation. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Incorporators shall prepare the articles of incorporation and obtain authorization from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | The chairperson of the Foundation at the time of its incorporation shall be appointed by the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | When the incorporators obtain authorization under paragraph (2), they shall transfer the affairs to the chairperson of the Foundation after completing the registration for incorporation of the Foundation without delay under joint names. |
(5) | The incorporators shall be deemed dismissed when the affairs are fully transferred under paragraph (4). |
(6) | Expenses spent for incorporation of the Foundation until the Foundation is incorporated shall be borne by the Organizing Committee for EXPO 2012 Yeosu Korea following prior consultation with the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
Article 3 (Special Cases concerning Cancellation of Designation, etc. of Zones for EXPO Support Facilities)
(1) | Article 58 of the Harbor Act shall apply mutatis mutandis to the cancellation of designation of zones for EXPO support facilities designated and publicly announced as at the time this Act enters into force. In such cases, "harbor redevelopment project" shall be construed as "project for EXPO support facilities" and "the Central Council" as "the Support Committee", respectively. |
(2) | Articles 59 (2) and (3), 61 and 62 of the Harbor Act shall apply mutatis mutandis to procedures for completion of construction of zones for EXPO support facilities being taken as at the time this Act enters into force. In such cases, "harbor redevelopment project" shall be construed as "project for EXPO support facilities" and "the Minister for Oceans and Fisheries" shall be construed as "the competent Governor", respectively. <Amended by Act No. 11690, Mar. 23, 2013> |
Article 4 (General Transitional Measures)
Article 5 (Transitional Measures concerning Organizing Committee for EXPO 2012 Yeosu Korea)
At the same time the Organizing Committee for EXPO 2012 Yeosu Korea under the former Act is dissolved, the Foundation shall succeed to all rights and duties of the Organizing Committee (including the obligations to repay financed funds in accordance with the plans for ex-post utilization, etc. under Article 25 of the former Act).
Article 6 (Transitional Measures concerning Ex-Post Utilization Plans)
(1) | Parts concerning ex-post utilization in the plans formulated under Article 25 of the former Act shall be deemed a plan formulated under Article 14 (1). |
(2) | Development project zones designated and publicly announced under Article 28 of the former Act shall be deemed the special zones designated and publicly announced under Article 15. |
(3) | Project implementers designated under Article 30 of the former Act shall be deemed designated under Article 17. |
(4) | Implementation plans approved under Article 31 of the former Act shall be deemed approved under Article 18. |
Article 7 (Transitional Measures concerning Projects for EXPO Support Facilities)
Projects for EXPO support facilities being performed under the former Act as at the time this Act enters into force shall be governed by the former provisions.
Article 8 (Relationship with other Acts and Subordinate Statutes)
Where other Acts or subordinate statutes cite the former Acts or any provisions thereof as at the time this Act enters into force, the relevant provisions of this Act shall be deemed cited in lieu of the former provisions, if any provisions corresponding thereto exist herein.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 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. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted)
Articles 2 through 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among Acts amended under Article 6 of Addenda, the amendments to Acts which have been promulgated before this Act enters into force, but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13055, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14350, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 (Applicability to Term of Office etc. of Executive Officers)
The amendments to Article 4 shall apply beginning from executive officers first appointed after this Act enters into force.
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 Acts amended under Article 6 of Addenda, the amendments to Acts which have been promulgated before this Act enters into force, but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14804, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.