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ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE RELOCATION OF MILITARY AIR BASES AND SUPPORT THEREFOR

Presidential Decree No. 24782, Oct. 4, 2013

Amended by Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26994, Feb. 29, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28581, Jan. 16, 2018

CHAPTER I GENERAL
 Article 1 (Purpose)
The purpose of this Decree is to provide matters as delegated by the Special Act on the Relocation of Military Air Bases and Support Therefor and matters necessary for the enforcement thereof.
 Article 2 (Scope of Military Air Base)
“A military air base prescribed by Presidential Decree” in Article 2 (1) of the Special Act on the Relocation of Military Air Bases and Support Therefor (hereinafter referred to as the “Act”) means the tactical air operation base under subparagraph 1 (a) through (p) of Table 2 attached to the Protection of Military Bases and Installations Act.
 Article 3 (Determination on Environs of the Relocation Site)
The environs of the relocation site (hereinafter referred to as the “environs of the relocation site”) under Subparagraph 5 of Article 2 of the Act shall be determined by the support committee for the military air base relocation project (hereinafter referred to as the “Support Committee”) under Article 20 of the Act among areas of the following subparagraphs, and shall be publicly notified to the public of its location and scale by the Minister of National Defense:
1. A Si/Gun/Gu (meaning an autonomous Gu; hereinafter the same shall apply) where the relocation site is located;
2. An area having a noise impact level of more than 80 (WECPNL) under Subparagraph 9 of Article 2 of the Airport Noise Prevention and Areas Assistance Act among Si/Gun/Gu adjacent to Si/Gun/Gu where the relocation site is located.
CHAPTER II SELECTION OF RELOCATION SITE
 Article 4 (Proposal of Military Air Base Relocation)
(1) The head of a local government for the previous site shall, if the relocation of a military air base is proposed pursuant to Article 4 (1) of the Act, prepare the written proposal for relocation including the following matters and submit it to the Minister of National Defense:
1. The utilization plan for the previous site;
2. The relocation project for a military air base (hereinafter referred to as the “relocation project”), the implementation method, required resources and resources procurement plan for the support project (hereinafter referred to as the “support project”) in the environs of the relocation site;
3. The result of opinion convergence from residents of the relevant local governments and local council through the public hearing, etc.
(2) The Minister of National Defense shall, after reviewing the feasibility of the written proposal for relocation pursuant to paragraph (1), notify the result to the head of the local government for the previous site.
(3) Detailed matters concerning the preparation of the written proposal for relocation pursuant to paragraph (1) and the feasibility study pursuant to paragraph (2) shall be prescribed by the Minister of National Defense.
 Article 5 (Selection of Preliminary Relocation Candidate Site for Military Air Base)
(1) “Areas that meet the requirements prescribed by Presidential Decree” in Article 4 (2) of the Act means the ones that satisfy all the requirements under the attached Table.
(2) The Minister of National Defense may request the investigation and research to the specialized institution, if necessary, to review the suitability, etc. of the site of a military air base under Article 4 (2) of the Act.
 Article 6 (Composition and Operation of Selection Committee for Military Air Base Relocation Site)
(1) The selection committee for military air base relocation site under Article 6 (1) of the Act (hereinafter referred to as the “Selection Committee”) shall be comprised of not more than 20 members including one chairperson.
(2) The term of office of members commissioned under Article 6 (2) of the Act shall be three years.
(3) The chairperson (hereinafter referred to as the “Chairperson”) of the Selection Committee shall represent the Selection Committee, manage all the affairs of the Selection Committee, and convene and chair meetings of the Selection Committee.
(4) Where the Chairperson fails to perform his/her duties due to any unavoidable ground, the member who he/she has appointed in advance acts on behalf of his/her duties.
(5) The Chairperson shall, in order to convene a meeting, notify each member of the date, place and agenda of the meeting seven days before holding the meeting.
(6) The meeting of the Selection Committee shall open with a majority of Committee members on the register present, and its determination shall be made with a majority of those in attendance.
(7) The Selection Committee may, if deemed necessary for deliberation, request necessary cooperation such as having the relevant public officials and experts participate in the meeting, or requesting the relevant agency, association, etc. to submit data and opinions.
(8) Allowances and travel expenses may be paid to members and the relevant experts who are present at the meeting of the Selection Committee within budgetary limits. Provided, That where the member as a public official attends the meeting directly related to duties under his/her jurisdiction, it shall not be paid.
(9) Matters necessary for the operation of the Selection Committee except as expressly provided for in paragraphs (1) through (8) shall be determined by the Chairperson following the resolution of the Selection Committee.
 Article 7 (Establishment, etc. of Working Committee for Selection of Military Air Base Relocation Site)
(1) The Working Committee for selection of military air base relocation site (hereinafter referred to as the “Working Committee for Selection”) shall be placed in the Selection Committee, in order to examine agenda to be deliberated and resolved by the Selection Committee in advance, and handle matters entrusted by the Selection Committee.
(2) The Working Committee for Selection shall be comprised of not more than 20 members including one chairperson.
(3) The Chairperson of the Working Committee for Selection shall be the Vice Minister of National Defense, and members are composed with ones of the following subparagraphs: <Amended by Presidential Decree No. 28581, Jan. 16, 2018>
1. From among public officials in general service belonging to Senior Executive Service of the Ministry of Strategy and Finance, the Ministry of National Defense, the Ministry of Land, Infrastructure and Transport and a central administrative agency related to selection of military air base relocation site, each one person appointed by the head of the relevant agency;
2. From among general-level officers, one person appointed by the Minister of National Defense;
3. Deputy Mayor or Vice Governor of the Special Metropolitan City, a Metropolitan City and Do having jurisdiction over the environs of relocation site including the previous site and the preliminary relocation candidate site for military air base (hereinafter referred to as the “preliminary relocation candidate site”) pursuant to Article 4 (2) of the Act;
4. Deputy head of Si/Gun/Gu having jurisdiction over the environs of relocation including the previous site and the preliminary relocation candidate site;
5. In addition, a person commissioned by the Chairperson of the Working Committee for Selection in consideration of the gender among people having abundant knowledge and experience in regard to the relocation of the airport facilities or military facilities.
(4) The term of office of commissioned members pursuant to paragraph (3) 5 shall be three years. <Amended by Presidential Decree No. 28581, Jan. 16, 2018>
(5) The Working Committee for Selection shall have one executive secretary in order to deal with affairs of the Working Committee for Selection, who shall be the head of the Military Air Base Relocation Bureau under Article 22 (2) of the Act.
(6) With respect to the meeting of the Working Committee for Selection, the provisions of Article 6 (3) through (9) shall apply mutatis mutandis. In such cases, the “Selection Committee” shall be construed as the “Working Committee for Selection.”
 Article 8 (Disqualification of, Challenge to, and Voluntary Refrainment by Member)
(1) Members of the Selection Committee and the Working Committee for Selection shall, in cases falling under any of the following subparagraphs, be disqualified from the deliberation and resolution of the relevant agenda.
1. Where a member, his/her spouse or his/her former spouse shall be a person directly involved in the relevant agenda (where a person directly involved is a juristic person or an organization, etc., whose executive member shall be included; hereinafter the same shall apply in this subparagraph and subparagraph (2)), or shall be a joint holder of any right or a person holding liabilities jointly with a person directly involved in the agenda;
2. Where a member shall be a present or former relative of a person directly involved in the relevant agenda;
3. Where a member shall have conducted advice, research, service (including the subcontract), appraisal or investigation with respect to the relevant agenda;
4. Where a member, a juristic person or association a member belongs to, etc. shall be a present or former agent of a person directly involved in the relevant agenda;
5. Where an enterprise, etc. in which a member has been working as a member, executive officer or employee, or has worked for the most recent three years shall have conducted advice, research, service (including the subcontract), appraisal or investigation with respect to the relevant agenda.
(2) A person directly involved in the relevant agenda may, in cases there exists a difficult circumstance to anticipate the fair deliberation or resolution by the member, request an application for challenge to the Selection Committee or the Working Committee for Selection, which shall be determined by the resolution of the Selection Committee or the Working Committee for Selection. In such cases, the member subject to an application for challenge shall not participate in its resolution.
(3) A member of the Selection Committee and the Working Committee for Selection shall, in cases falling under the reason for disqualification pursuant to each Subparagraph of paragraph (1), notify the Committee of the fact, and shall voluntarily refrain from the deliberation and resolution of the relevant agenda.
 Article 8-2 (Dismissal of Commissioned Member)
(1) The Minister of National Defense may dismiss a commissioned member if the member falls under any of the following:
1. Where the member is no longer able to perform the duties due to mental disorder;
2. Where the member engages in misconduct in relation to his or her duties;
3. Where the member is deemed unqualified as a member due to neglect of duty, injury to dignity, or other grounds;
4. Where the member does not voluntarily refrain even though he/she falls under any of the subparagraphs of Article 8 (1);
5. Where the member expresses his/her intention it is impracticable to perform his/her duties;
(2) The Chairperson of the Committee may dismiss a commissioned member under Article 7 (3) 5 if the member falls under any of the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 28581, Jan. 16, 2018>
[This Article Newly Inserted by Presidential Decree No. 26994, Feb. 29, 2016]
CHAPTER III SUPPORT PROJECT FOR ENVIRONS OF RELOCATION SITE
 Article 9 (Establishment of Support Plan for Environs of the Relocation Site)
(1) The support plan (hereinafter referred to as the “Support Plan”) for the environs of the relocation site pursuant to the main sentence of Article 11 (1) of the Act shall include the following matters:
1. Matters concerning the objective of support and the basic direction-setting with regard to the environs of the relocation site;
2. The Support Plan by project (including the name, outline, scale, period, effect, etc. of the project);
3. The Support Plan by field and by year;
4. The required financial resources and the procurement plan for financial resources;
5. Other matters necessary for the support regarding the environs of the relocation site.
(2) The head of the central administrative agency concerned and the head of the local government who have been requested to consult pursuant to the latter part of Article 11 (1) of the Act shall, unless there exists extraordinary grounds, notify of his/her opinion within 30 days from the date being requested.
(3) The Minister of National Defense and the head of the local government for the previous site shall, for holding a public hearing, publicly announce items of the following subparagraphs on the website of the relevant agency, the publication of the local government of the environs of the relocation site and more than two kinds of daily newspaper which cover the environs of the relocation site as a major supply area for at least one time by 14 days prior to due date of a public hearing:
1. Purpose of holding a public hearing;
2. Scheduled time and venue for holding a public hearing;
3. Outline of the Support Plan and the major project contents;
4. Matters concerning the application for presenting opinions;
5. Other necessary matters.
(4) The Minister of National Defense and the head of the local government for the previous site shall, for modifying the Support Plan having established, undergo the consultation, gathering of consensus and deliberation under the latter part of Article 11 (1) of the Act and paragraphs (2) and (3) of the same Article.
 Article 10 (Establishment, etc. of Support Implementation Plan by Year)
(1) The support implementation plan (hereinafter referred to as the “implementation plan”) by year under Article 12 (1) of the Act shall include the following matters:
1. Basic objectives and overview of the project;
2. Contents and priority of the project;
3. The required financial resources and the procurement plan for financial resources by the project;
4. Implementation period of the project;
5. Effect of the project;
6. Performance and result analysis of the implementation plan for last year;
7. Other matters necessary for pursuing the implementation plan.
(2) The head of the central administrative agency concerned shall, through the consultation with the Minister of National Defense and the head of the relevant local government, establish the implementation plan, and submit the implementation plan for the next year and documents related thereto to the Support Committee by September, 30 every year.
 Article 11 (Procedure, etc. of Support Project)
(1) A person who intends to obtain approval of implementation or an approval of modification under Article 13 (1) or (2) of the Act shall submit the project plan and investment plan including the following matters to the head of the central administrative agency concerned. In such cases, documents provided for by the relevant statutes such as the environmental impact assessment report, etc. shall be attached:
1. Name and purpose of the Support Project;
2. Contents and scale of the Support Project;
3. Implementation period of the Support Project;
4. Area subject to the Support Project (including the location map);
5. If necessary for the land, the method for acquisition thereof;
6. Effect of the Support Plan;
7. Related map;
8. Required financial resources and procurement plan for financial resources;
9. Other matters necessary for the implementation of the Support Project.
(2) “Important matters prescribed by Presidential Decree” in the main sentence of Article 13 (2) of the Act mean matters of the following subparagraphs:
1. Name and purpose of the Support Project;
2. Contents and scale of the Support Project;
3. Implementation period of the Support Project;
4. Area subject to the Support Project;
5. Required financial resources and procurement plan for financial resources.
(3) “Standard prescribed by Presidential Decree” in the main sentence of Article 13 (4) of the Act means that the head of the central administrative agency concerned notifies by determining the detailed standard for the following matters:
1. Propriety of the project plan and investment plan;
2. Compatibility with the relevant statutes;
3. Propriety of the procurement plan for financial resources;
4. Propriety of the implementation capability for the Support Project.
(4) The head of the central administrative agency concerned shall, in cases having approved the Support Project, publicly notify matters of the following subparagraphs on Official Gazette under Article 13 (5) of the Act:
1. Name and objective of the Support Project;
2. Name and address of a project operator;
3. Overview of the Support Project;
4. Implementation period of the Support Project;
5. Area subject to the Support Project;
6. Matters concerning the land to expropriate from or use.
CHAPTER IV SPECIAL CASES OF SUPPORT CONCERNING ENVIRONS OF RELOCATION SITE
 Article 12 (Support for Increasing Subsidy from National Treasury)
(1) “Projects prescribed by Presidential Decree” in Article 17 of the Act means the project entitled to the payment of subsidy under Article 4 (1) and Table 1 attached to the Enforcement Decree of the Subsidy Management Act.
(2) “Subsidy ratio prescribed by Presidential Decree” in Article 17 of the Act means the ratio calculated by adding the ratio determined through consultation with the Minister of Strategy and Finance to the basic subsidy ratio under Article 4 and Table 1 attached to the Enforcement Decree of the Subsidy Management Act, in consideration of the distinctiveness of the environs of the relocation site, the equity with other areas, the financial condition, etc., by the head of the central administrative agency concerned.
 Article 13 (Special Cases of Contract Method)
(1) The head of the central administrative agency concerned shall determine the standard for preference under Article 18 (1) of the Act through the consultation with the Minister of Strategy and Finance and the Minister of the Interior and Safety in consideration of the nature of the contract. In such cases, the head of the central administrative agency concerned shall post the standard for preference on the website of the relevant administrative agency. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(2) The head of the local government having jurisdiction shall determine the standard for preference under Article 18 (2) of the Act as municipal ordinance of the relevant local government through the consultation with the Minister of Strategy and Finance and the Minister of the Interior and Safety in consideration of the nature of the contract. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
CHAPTER V SUPPORT COMMITTEE FOR MILITARY AIR BASE RELOCATION PROJECT
 Article 14 (Deliberation Matters of Support Committee)
The Support Committee shall deliberate the following matters:
1. Matters concerning the decision of the environs of the relocation site;
2. Matters concerning the Support Plan;
3. Matters concerning the implementation plan;
4. Other matters deemed necessary for the support of the environs of the relocation site by the Chairperson of the Support Committee.
 Article 15 (Composition and Operation of Support Committee)
(1) “Central administrative agency prescribed by Presidential decree” in Article 20 (3) 1 of the Act means the central administrative agency to be appointed by the Prime Minister in consideration of the relevance with the support for the environs of the relocation site.
(2) For the meeting of the Support Committee, the provisions of Article 6 (3) through (9) shall apply mutatis mutandis. In such cases, the “Selection Committee” shall be deemed to be the “Support Committee.”
 Article 16 (Composition and Operation of Working Committee for Support)
(1) The Working Committee (hereinafter referred to as the “Working Committee for Support”) under Article 20 (6) of the Act shall be comprised of not more than 30 members including one chairperson.
(2) The Chairperson of the Working Committee for Support shall be the Vice Minister of National Defense, its members shall be appointed from the following:
1. From among public officials in general service belonging to Senior Executive Service of the central administrative agency under Article 20 (3) 1 of the Act, one person appointed by the head of the relevant administrative agency;
2. Deputy Mayor or Vice Governor of the Special Metropolitan City, a Metropolitan City and Do having jurisdiction over the environs of the relocation site;
3. Deputy head of Si/Gun/Gu having jurisdiction over the environs of the relocation site;
4. In addition, a person who has been commissioned by the Chairperson of the Working Committee for Support in consideration of the gender among people having abundant knowledge and experience in regard to the relocation of the airport facilities or military facilities.
(3) The term of office of commissioned members pursuant to subparagraph 4 of paragraph 2 shall be two years.
(4) The Working Committee for Support shall have one executive secretary in order to deal with affairs of the Working Committee for Support, who shall be the head of the Military Air Base Relocation Bureau under Article 22 (2) of the Act.
(5) With respect to the meeting of the Working Committee for Support, the provisions of Article 6 (3) through (9) shall apply mutatis mutandis. In such cases, the “Selection Committee” shall be construed as the “Working Committee for Support.”
 Article 17 (Disqualification of, Challenge to and Voluntary Refrainment by Member)
With respect to the disqualification of, challenge to, voluntary refrainment by, and dismissal of members of the Support Committee and the Working Committee for Support, Article 8 and Article 8-2 shall apply mutatis mutandis. In such cases, the “Minister of National Defense” shall be construed as the “Prime Minister,” the “Selection Committee” as the “Support Committee”, and the “Working Committee for Selection” as the “Working Committee for Support.” <Amended by Presidential Decree No. 26994, Feb. 29, 2016>
 Article 18 (Standard for Designation of Foreign Investment Zone)
“The investment falling under the standard prescribed by Presidential Decree” in Article 21 (1) of the Act means the case in which a factory or facility shall be established newly in order to manage any of the following projects, and in which the amount of foreign investment shall exceed 10 million US dollars. In such cases, when calculating the amount of foreign investment, where a foreign investor is a foreign juristic person who possesses stocks or contributed shares directly or indirectly under the name of a national of Republic of Korea (excluding a person falling under Article 3 of the Foreign Investment Promotion Act) or a juristic person of Republic of Korea, a part falling under occupancy ratio computed under the calculation method of Article 116-2 (11) and (12) of the Restriction of Special Taxation Act shall be excluded from the amount of foreign investment:
1. The manufacturing industry;
 Article 19 (Consultant for Military Air Base Relocation Bureau)
(1) The Military Air Base Relocation Bureau under Article 22 (1) of the Act may have a consultant to receive advice concerning its duties.
(2) The consultants are commissioned by the Minister of National Defense upon receipt of the recommendation of the head of the Military Air Base Relocation Bureau among people having abundant knowledge and experience in regard to the relocation of airport facilities and military facilities.
(3) The consultants may be provided with allowances and travel expenses within the budgetary limits.
 Article 20 (Function of Military Air Base Relocation Bureau)
“Matters prescribed by Presidential Decree” in Article 22 (3) 5 of the Act means the following matters:
1. Request and implementation of the budget in relation with the management and supervision of the relocation project;
2. Cooperation of duties concerning the relocation project with the relevant central administrative agency and local government;
3. Other matters prescribed by the Minister of National Defense as necessary for the relocation project.
ADDENDUM
This Decree shall enter into force on October 6, 2013.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That, among Presidential Decrees amended under Article 5 of the Addenda, Presidential Decrees which have been promulgated before this Decree enters into force, but of which the enforcement dates have not arrived shall enter into force on the enforcement date of the relevant Presidential Decree respectively.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26994, Feb. 29, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended under Article 8 of the Addenda, the amended provisions of Presidential Decrees which have been promulgated before this Decree enters into force, but of which the enforcement dates have not arrived shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28581, Jan. 16, 2018>
This Decree shall enter into force on the date of its promulgation.