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SPECIAL ACT ON SUPPORT FOR FIVE ISLAND OF THE REPUBLIC OF KOREA IN THE YELLOW SEA

Act No. 10418, Dec. 27, 2010

Amended by Act No. 11690, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 13400, Jul. 20, 2015

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to increasing income, stabilization of the livelihood and promotion of the welfare of residents of the five islands in the Yellow Sea by improving their living conditions through maintenance and expansion of production, income and residence infrastructure of the five islands having suffered from damage by military threats from North Korea due to the realities of the division of Korea into two halves and their unique geographic circumstances.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "five islands in the Yellow Sea" means Baekryeong-do, Daecheong-do, Socheong-do, Yeonpyeong-do, Soyeonpyeong-do and neighboring waters belonging to Ongjin-gun, Incheon Metropolitan City;
2. The term "comprehensive development plan for the five islands in the Yellow Sea" means a comprehensive master plan established as prescribed in Article 5 in order to accomplish the purposes prescribed in Article 1;
3. The term "development projects" means all kinds of projects implemented according to the comprehensive development plan for the five islands in the Yellow Sea (hereinafter referred to as "comprehensive development plan").
 Article 3 (Responsibilities of State, etc.)
(1) The State and local governments shall establish and implement comprehensive policies for the development of and support to the five islands in the Yellow Sea and devise support measures therefor.
(2) The State and local governments shall provide financial support within budgetary limits so that the comprehensive development plan can be implemented efficiently.
 Article 4 (Relationship with other Acts)
(1) This Act shall apply to the development of and support to the five islands in the Yellow Sea in preference to other Acts.
(2) Except as provided for in this Act, the Border Area Support Act shall apply with regard to the development of and support to the five islands in the Yellow Sea pursuant to this Act.
 Article 5 (Establishment of Comprehensive Development Plan)
(1) The Minister of the Interior and Safety shall prepare a comprehensive development plan after hearing the opinions of the heads of relevant local governments and residents, and affirm such plan after consulting with the heads of relevant central administration agencies and the deliberation of the committee for the support of the five islands in the Yellow Sea pursuant to Article 7. The same shall also apply to revisions of important matters in the confirmed comprehensive development plan prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The comprehensive development plan shall include the following:
1. Matters concerning the basic policy direction for the development of and support to the five islands in the Yellow Sea;
2. Matters concerning the creation of safe living conditions for the residents of the five islands in the Yellow Sea;
3. Matters concerning the use, development and preservation of neighboring sea of the five islands in the Yellow Sea, development of marine tourism resources, and promotion of agriculture and fisheries;
4. Matters concerning education, health, medical services and social welfare and the improvement of living conditions;
5. Matters concerning the expansion and maintenance of social overhead capital such as roads, ports and waterworks;
6. Matters concerning residents' traffic to and from the main land and the swift distribution and supply of daily supplies;
7. Matters concerning the security measures for the safety of the residents;
8. Matters concerning the use, development and preservation of the five islands in the Yellow Sea and the support of residents.
 Article 6 (Establishment of Annual Implementation Plans)
The Minister of the Interior and Safety shall establish an annual implementation plan to be promoted in accordance with the comprehensive development plan established and affirmed pursuant to Article 5 and confirm such plan after consultations with the heads of central administrative agencies and the deliberation of the committee to support the five islands in the Yellow Sea referred to in Article 7. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 7 (Committee to Support Five Islands in Yellow Sea)
(1) In order to deliberate on the following matters for the development of and support to the five islands in the Yellow Sea, a committee is hereby established to support the five islands in the Yellow Sea (hereinafter referred to as the "Committee") under the jurisdiction of the Prime Minister:
1. Matters concerning the establishment and modification of the comprehensive development plan;
2. Matters concerning the establishment and modification of annual implementation plans;
3. Other matters the chairperson deems necessary.
(2) The Committee shall be comprised of 15 or less members, including one chairperson.
(3) The Prime Minister shall become the chairperson of the Committee.
(4) The chairperson may request the relevant central administrative agencies and local governments to submit related documents when he/she deems it necessary.
(5) Other necessary matters, such as organization, operation, etc. of the Committee, shall be prescribed by Presidential Decree.
 Article 8 (Support, etc. of Project Expenses)
(1) In order to efficiently promote the comprehensive development plan and annual implementation plans, the State and local governments may grant subsidies, extend loans or facilitate funding necessary for the implementers of development projects or may take other necessary measures.
(2) Notwithstanding differential subsidy rates pursuant to Article 10 of the Act on the Budgeting and Management of Subsidies and subsidy rates pursuant to other Acts, the State's subsidies for projects implemented by local governments according to the comprehensive development plan and an annual implementation plan shall be granted with increased rates, and the rates shall be prescribed by Presidential Decree.
(3) The Minister of the Interior and Safety may grant special support for local subsidies pursuant to the Local Subsidy Act, as prescribed by Presidential Decree, for the purpose of supporting the comprehensive development plan and annual implementation plans. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 9 (Reduction of and Exemption from Taxes, Charges, etc.)
(1) Where it is necessary for the prompt implementation of the comprehensive development plan and the mitigation of economic burden of residents, etc., the State and local governments may grant taxation support, such as tax reduction and exemption to the residents of the five islands in the Yellow Sea, etc. as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, other tax related Acts and municipal ordinances of local governments.
(2) Where it is necessary for the prompt implementation of development projects reflected in the comprehensive development plan, the State and local governments may grant reduction of or exemption from the following charges, etc. to the implementers of the development projects:
1. Rates for farmland preservation pursuant to the Farmland Act;
2. Rates for creating substitute forest resources pursuant to the Mountainous Districts Management Act;
3. Development rates pursuant to the Restitution of Development Gains Act;
4. Rates for creating substitute grassland pursuant to the Grassland Act;
5. Rates for occupancy and use of public waters pursuant to the Public Waters Management and Reclamation Act;
6. Rates for occupancy and use of running water and land and rates for the collection of products from small rivers, such as earth, rocks, sand, and aggregate, pursuant to the Small River Maintenance Act.
 Article 10 (Preferential Support to Resident Safety Facilities)
In order to secure the safety of residents residing on the five islands in the Yellow Sea, the State and local governments shall establish facilities for resident evacuation, emergency water supply and etc. prescribed by Presidential Decree, and may subsidize management expenses therefor.
 Article 11 (Support to Improve Old Houses)
(1) The State and local governments shall prepare measures to improve the residing condition of residents residing on the five islands in the Yellow Sea.
(2) In order to improve conditions of residency as prescribed in paragraph (1), the State may partially subsidize expenses incurred in the construction of houses and the repair, mending, etc. of old houses requiring improvement.
 Article 12 (Subsidies for Residency on Five Islands in Yellow Sea)
(1) In order to support the stable livelihood of residents, the State may grant subsidies for residency to the following residents who have resided on the five islands in Yellow Sea for longer than a certain period: <Amended by Act No. 13400, Jul. 20, 2015>
1. Persons who registered their addresses on the five islands in the Yellow Sea as prescribed by the Resident Registration Act;
(2) Matters necessary for the persons eligible to receive subsidies for residency and standards for the payment and methods thereof pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 13 (Reduction of and Exemption from Public Utility Charges and National Health Insurance Premiums)
The State, local governments, etc. may grant reduction of or exemption from public utility charges, such as TV broadcasting fees, waterworks charges, electricity charges, telephone charges, water charges, etc., and national health insurance premiums.
 Article 14 (Support, etc. to Transportation of Daily Necessities)
The State and local governments shall examine trends of prices of daily necessities, marine transportation expenses, etc. on the five islands in the Yellow Sea and make efforts to maintain parity with those of the mainland and may partially subsidize the marine transportation expenses of daily necessities, as prescribed by Presidential Decree.
 Article 15 (Education Support)
(1) The State and local governments shall establish and implement policies necessary for the expansion of educational opportunities for residents and their offspring and for the reduction of educational fees and for the improvement of educational environment.
(2) The State and local governments may subsidize school tuitions, etc. for students attending schools as defined in Article 2 of the Elementary and Secondary Education Act established on the five islands in the Yellow Sea, as prescribed by Presidential Decree.
(3) Where the Minister of Education deems it necessary in relation to the educational support on the five islands in the Yellow Sea, he/she may specially provide grants as specified in the Local Education Subsidy Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the offspring of a resident on one of the five islands in the Yellow Sea enters a school as defined in Article 2 of the Higher Education Act, the Minister of Education may deem such case distinct from the entrance quota, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 16 (Support to Public Facilities and Welfare Facilities)
(1) The State and local governments shall preferentially establish or support roads, ports, waterworks and other public facilities prescribed by Presidential Decree.
(2) The State and local governments shall preferentially establish or support asylums for the aged, welfare centers for the disabled, day-care centers, hospitals, and other welfare facilities prescribed by Presidential Decree.
 Article 17 (Preferential Support to Education on Unification, Cultural and Tourism Facilities, etc.)
(1) In order to make the five islands in the Yellow Sea a place for education on security, tourism, unification and reconciliation of the Korean peninsula and to promote education on unification, the State and local governments may promote programs to visit and make a trip to the five islands in the Yellow Sea, and subsidize expenses to the related agencies or organizations.
(2) The State and local governments shall endeavor to have cultural facilities including libraries, museums and cultural and art centers, facilities for tourism, lodging and entertainment, and sports facilities adequately established and maintained on the five islands in the Yellow Sea.
 Article 18 (Support to Management Activities, etc. of Farmers, Fishermen, and Micro Enterprises)
(1) In order to encourage the management activities of farmers and fishermen, and micro enterprises defined in Article 2 of the Act on the Protection of and Support for Micro Enterprises, residing on the five islands in the Yellow Sea, the State and local governments shall establish and implement measures to provide necessary funds preferentially, to postpone or extend deadlines for repayment of loans for funds used for farming, fishing, facilities, working funds, and funds for operation of micro enterprises, or to support interest payments thereof, etc. as prescribed by Presidential Decree. <Amended by Act No. 13400, Jul. 20, 2015>
(2) The State and local governments may devise support measures when any fisherman residing on the five islands in the Yellow Sea, sustains damage from harm to fishing gear, etc., done by a vessel of any nation. <Newly Inserted by Act No. 13400, Jul. 20, 2015>
(3) The Ministry of Maritime Affairs and Fisheries shall strive to expand fishing zone and extend fishing hours for the fishermen residing on the five islands in the Yellow Sea to increase their income, as long as safe fishing is guaranteed. <Newly Inserted by Act No. 13400, Jul. 20, 2015>
 Article 19 (Facilities to Prevent Illegal Fishing)
The State may support projects necessary to install facilities to help safe fishing of the fishermen working in the five islands in the Yellow Sea and to prevent any damage from illegal fishing.
[This Article Newly Inserted by Act No. 13400, Jul. 20, 2015]
ADDENDUM
This Act shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Acts amended by Article 6 of this Addenda which are promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date of each relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13400, Jul. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts 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 6 Omitted.