SPECIAL ACT ON PROMOTION AND SUPPORT FOR SAEMANGEUM PROJECT
Act No. 11542, Dec. 11, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 11794, May 22, 2013
Act No. 11965, Jul. 30, 2013
Act No. 12019, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12644, May 21, 2014
Act No. 12736, jun. 3, 2014
Act No. 12737, jun. 3, 2014
Act No. 12738, jun. 3, 2014
Act No. 12959, Dec. 31, 2014
Act No. 13433, Jul. 24, 2015
Act No. 13483, Aug. 11, 2015
Act No. 13805, Jan. 19, 2016
Act No. 13854, Jan. 27, 2016
Act No. 14341, Dec. 2, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14569, Feb. 8, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15515, Mar. 20, 2018
Act No. 15607, Apr. 17, 2018
Act No. 16141, Dec. 31, 2018
Act No. 16413, Apr. 30, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the balanced development of national land and to the enhancement of national competitiveness by developing and using the Saemangeum Project Area as an environmentally friendly high-tech complex.
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 11965, Jul. 30, 2013; Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016>
| 1. | The term "Saemangeum Project Area" means a seawall and tidal embankments created upon completion of the Saemangeum Sea Wall, and land, lake, marshes, and any other area prescribed by Presidential Decree inside the seawall; |
| 2. | The term "Saemangeum Project" means the project implemented after obtaining approval of a development implementation plan by land use pursuant to Article 11 to develop, manage and maintain the Saemangeum Project Area comprehensively and systematically: |
| (a) | through (h) Deleted; <by Act No. 14341, Dec. 2, 2016> |
| 3. | The term "Master Plan" means a long-term plan to develop the Saemangeum Project Area, for which a comprehensive development plan is formulated to determine the use of land and to develop the Saemangeum Project Area based on forecasts of future demand; |
| 4. | The term "land use" means the use of land in the Saemangeum Project Area, according to the classification of land prescribed by Presidential Decree, such as for agriculture, industry and research, tourism and leisure, and urban hinterland; |
| 5. | The term "Saemangeumho Lake" means a lake and marshes formed following the completion of the Saemangeum Sea Wall; |
| 9. | The term "undeveloped land" means land reclaimed after obtaining approval of an implementation plan for the Saemangeum Development Project, and whose site preparation work is not yet complete. |
| Article 3 (Relationship with Other Statutes) |
This Act shall prevail over other statutes in applying special cases regarding regulations for the Saemangeum Project: Provided, That where another Act has any provision more relaxed than the special cases under this Act, the corresponding provision of such Act shall apply.
| Article 4 (Relationship with Other Plans) |
| Article 5 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall mutually cooperate to efficiently facilitate the Saemangeum Project, and endeavor for the successful promotion of the Saemangeum Project. |
| (2) | The State and local governments shall formulate a fund-raising plan, etc. and endeavor to have necessary funds reflected so that the Saemangeum Project is stably promoted. |
CHAPTER II IMPLEMENTATION OF SAEMANGEUM PROJECT
| Article 6 (Formulation of Master Plans) |
| (1) | The Administrator of Saemangeum Development and Investment Agency under Article 34 (hereinafter referred to as the "Administrator of the Agency") shall formulate a Master Plan to efficiently facilitate the Saemangeum Project, and may amend the Master Plan as necessary following changes in social and economical circumstances, etc. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | A Master Plan shall include the following matters: |
| 1. | Outline and objectives of a development project; |
| 2. | Spatial structures and indexes of main plans; |
| 3. | Arrangement plans by land use; |
| 4. | Infrastructure expansion plans; |
| 5. | Land plans, such as land utilization plans, etc.; |
| 6. | Water quality management plans; |
| 7. | Phased development plans to promote projects; |
| 9. | Other matters prescribed by Presidential Decree. |
| (3) | Where the Administrator of the Agency intends to formulate or amend a Master Plan pursuant to paragraph (1), he or she shall consult with the heads of relevant administrative agencies, and the Saemangeum Committee under Article 33 (1) (hereinafter referred to as the "Saemangeum Committee") shall deliberate on the relevant case: Provided, That this shall not apply to insignificant alterations prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| (4) | The Governor of Jeollabuk-do may propose matters regarding the Master Plan to the Administrator of the Agency. In such cases, the Administrator of the Agency may include such matters in the formulation or amendment of the Master Plan. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 7 (Formulation of Installation Plans for Inter-Regional Infrastructure) |
| (1) | The Administrator of the Agency may interconnect the uses of land according to the Master Plan or formulate or amend a plan to install inter-regional infrastructure prescribed by Presidential Decree (hereinafter referred to as "inter-regional infrastructure installation plan"), such as roads, railroads, ports, waterworks, airports, etc. connecting the Saemangeum Project Area and other areas. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | If the Administrator of the Agency intends to formulate or amend an inter-regional infrastructure installation plan, he or she shall consult with the heads of relevant administrative agencies and submit it for deliberation by the Saemangeum Committee. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 8 (Designation of Project Implementers) |
| (1) | The Administrator of the Agency shall designate a Saemangeum Project implementer from among the following persons. In such cases, where necessary for efficiently implementing a development project, he or she may separately designate an implementer of a project for reclamation of public waters defined in subparagraph 4 of Article 2 of the Public Waters Management and Reclamation Act: <Amended by Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016; Act No. 16141, Dec. 31, 2018> |
| 1. | The State and local governments; |
| 4. | Private investors meeting the qualifications prescribed by Presidential Decree, such as the amount of capital; |
| 5. | A corporation established to implement the Saemangeum Project, in which the total investment ratio of at least one person falling under any of subparagraphs 1 through 4, exceeds 50/100. |
| (2) | Where persons falling under paragraph (1) 1 through 3 (hereafter referred to as "public implementer" in this Article and Article 14) conclude a contract for efficiently developing the Saemangeum Area, the Administrator of the Agency may designate them as joint implementers, as prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | Where necessary for efficiently developing a development project, a public implementer may request any of the following persons to perform part of the development project by proxy: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | Public institutions referred to in paragraph (1) 2; |
| 2. | Local public enterprises referred to in paragraph (1) 3; |
| 3. | Private investors referred to in paragraph (1) 4; |
| 4. | A corporation referred to in paragraph (1) 5; |
| 5. | Persons who are to be resident on land created by the development project. |
| Article 9 (Approving Development Plans by Land Use) |
| (1) | A project implementer designated pursuant to Article 8 (1) shall formulate a development plan by land use (hereinafter referred to as "development plan") including the following matters, according to the relevant Master Plan and inter-regional infrastructure installation plan, and obtain approval from the Administrator of the Agency. This shall apply to the amendment of the development plan: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | Outline of the development plan; |
| 3. | Reclamation project plan (including a phased development plan); |
| 4. | Population accommodation; |
| 5. | Land utilization plan and transportation management plan; |
| 6. | Plans for landscape, parks, and green areas; |
| 7. | Infrastructure installation plan, such as roads, waterworks, sewerage, etc.; |
| 8. | Environmental conservation plan; |
| 9. | Duration of the development project and phased implementation plan; |
| 12. | Other matters prescribed by Presidential Decree. |
| (2) | Where the Administrator of the Agency intends to approve a development plan, he or she shall consult with the heads of relevant administrative agencies and shall undergo deliberation by the Saemangeum Committee. This shall also apply where he or she intends to approve alteration of important matters prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | The head of a relevant administrative agency, upon receipt of a request for consultation under paragraph (2), shall submit his or her opinion within 20 days from the receipt thereof; and if no opinion is submitted within such period, he or she shall be deemed to have no opinion: Provided, That the same shall not apply to the consultation on the strategic environmental impact assessment referred to in paragraph (4). <Newly Inserted by Act No. 14341, Dec. 2, 2016> |
| (4) | Where the Administrator of the Agency intends to approve a development plan which contains any development project subject to strategic environmental impact assessment under subparagraph 1 of Article 2 of the Environmental Impact Assessment Act, he or she shall prepare a strategic environmental impact assessment in writing and request consultation pursuant to Articles 11 through 16 of the same Act. <Amended by Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016> |
| (5) | Where the Administrator of the Agency approves a development plan or approves amendments thereof, he or she shall publicly notify such fact, as prescribed by Presidential Decree and send copies of relevant documents to the heads of relevant local governments. In such case, in receipt of copies of relevant documents, the heads of relevant local governments shall make such copies available for inspection by the public. <Amended by Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016> |
| (6) | The Administrator of the Agency may determine and publicly notify matters necessary for the formulation of a development plan. <Newly Inserted by Act No. 14341, Dec. 2, 2016> |
| Article 10 (Effects of Approving Development Plans) |
| (1) | Where a development plan is approved or the amendment thereof is approved, the following formulation, approval, or amendment shall be deemed included in the details of the development plan: <Amended by Act No. 15607, Apr. 17, 2018> |
| 3. | Formulating an urban or Gun Master Plan of a Si/Gun or the amendment thereof under Article 22-2 of the National Land Planning and Utilization Act and approval therefor by a Do Governor (limited to where an altered proposal to an urban Master Plan for an area for which a Master Plan by land use is formulated, submitted to the Do Governor, and approved by the Do Governor); |
| 7. | Amending a marine spatial master plan under Article 5 of the Act on Marine Spatial Planning and Management or a marine spatial management plan under Article 7 of the same Act; |
| (2) | Where approval or approval for amendment is publicly notified pursuant to Article 9 (5), an area falling under paragraph (1) 11 shall be deemed designated and publicly notified as a district-unit planning zone. <Amended by Act No. 14341, Dec. 2, 2016> |
| Article 11 (Approving Development Implementation Plans by Land Use) |
| (1) | Where a project implementer intends to implement the Saemangeum Project, such implementer shall formulate a development implementation plan by land use (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree, and obtain approval from the Administrator of the Agency; and this shall apply to the amendment thereof. In such cases, the implementation plan may be formulated by phase, such as reclamation, creation of sites, etc., for full or partial land use. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | An implementation plan shall include the following matters: Provided, That matters falling under subparagraphs 6, 7, 9, 11, and 12 may not be included in cases of a public water reclamation project under subparagraph 4 of Article 2 of the Public Waters Management and Reclamation Act: <Amended by Act No. 14341, Dec. 2, 2016> |
| 1. | Name, location, and size of the area subject to the implementation plan; |
| 2. | Basic direction-setting for and necessity of development projects; |
| 3. | Name (for a corporation, the name of the corporation and name of its representative) and address of project implementers; |
| 4. | Period for project implementation and development methods; |
| 5. | Ground plans and design drawings of the project plan; |
| 6. | Plans for utilization of land (including plans to attract industries and to install major project facilities); |
| 8. | Plans for environmental management; |
| 9. | Plans to install infrastructure; |
| 10. | Funding plans and annual investment plans; |
| 11. | Plans for disposal of developed land; |
| 12. | Plans for landscape, parks, and green areas; |
| 13. | Other matters prescribed by Presidential Decree. |
| (3) | Where the Administrator of the Agency intends to approve an implementation plan or the amendment thereof, he or she shall consult with the heads of relevant central administrative agencies, as prescribed by Presidential Decree. This shall also apply where he or she intends to approve the alteration of important matters prescribed by Presidential Decree in the implementation plan. <Amended by Act No. 13483, Aug. 11, 2015> |
| (5) | Where the Administrator of the Agency approves an implementation plan or the amendment thereof, he or she shall publicly notify such approval, as prescribed by Presidential Decree, inform the Governor of Jeollabuk-do and the project implementer of such fact, and send copies of relevant documents to them. <Amended Act by No. 13483, Aug. 11, 2015> |
| (6) | Upon receipt of the information of approval of an implementation plan pursuant to paragraph (5), the Governor of Jeollabuk-do shall take measures so that anyone can verify the implementation plan approved and publicly notified, as prescribed by Presidential Decree. |
| Article 11-2 (Approving Integrated Development Plan for Specific Uses) |
| (1) | Notwithstanding Articles 9 and 11, a project implementer may prepare an integrated development plan for specific uses (hereinafter referred to as "integrated plan") by integrating an implementation plan with a development plan to obtain approval of such plan from the Administrator of the Agency, and the same shall also apply to an amendment to such plan. The approval of an integrated plan shall be deemed the approval of both a development plan and an implementation plan. |
| (2) | An integrated plan shall include all matters necessary for a development plan under Article 9 (1) and an implementation plan under Article 11 (2). |
| (3) | In regard of an integrated plan, Articles 4, 11, 14, 17, 18, 20, 22, 25, 36-4, and 47 shall apply mutatis mutandis. In such cases, "implementation plan" shall be construed as "integrated plan". |
| (4) | When the Administrator of the Agency intends to approve an integrated plan, he or she shall submit the integrated plan to the Saemangeum Committee for deliberation after consulting with the heads of related administrative agencies thereon, and Article 50 of the Environmental Impact Assessment Act shall apply where an integrated plan includes any matter subject to a strategic environmental impact assessment under subparagraph 1 of Article 2 of the same Act. |
[This Article Newly Inserted by Act No. 16141, Dec. 31, 2018]
| Article 11-3 (Establishment of Integrated the Committee for Deliberation on Development of Saemangeum) |
| (1) | The Saemangeum Development and Investment Agency may establish an integrated committee for deliberation on developing Saemangeum (hereinafter referred to as the "Integrated Deliberation Committee") as a sub-organization of the Saemangeum Development and Investment Agency in order to review and deliberate on the following matters, such as urban planning, transportation, and disasters, in connection with approving an integrated plan under Article 11-2: |
| 6. | Other matters referred by the Administrator of the Agency to the Integrated Deliberation Committee for deliberation as deemed necessary. |
| (2) | The Integrated Deliberation Committee shall be comprised of a maximum of 30 members, including one chairperson and one vice chairperson. |
| (3) | Members of the Integrated Deliberation Committee shall be appointed or commissioned from among the following persons: the chairperson shall be elected by committee members from among persons falling under subparagraph 2; and the chairperson may appoint a public official of the Saemangeum Development and Investment Agency as vice chairperson, from among the persons referred to in subparagraph 1, if necessary to facilitate deliberation: |
| 1. | Public officials who are members of the Senior Executive Service as the head of a related central administrative agency or as the head of a related division of Jeollabuk-do (referring to at least Grade-III public officials, in the case of those of Jeollabuk-do) and public officials who are members of the Senior Executive Service and are in charge of related business affairs in the Saemangeum Development and Investment Agency; |
| 2. | Persons commissioned by the Administrator of the Agency, from among experts in urban planning, transportation, disasters, or other relevant area with abundant knowledge and experience in development projects; |
| 3. | Persons recommended by the chairperson of the Urban Planning Committee established by the Saemangeum Development and Investment Agency pursuant to Article 69 (4), from among members of that committee; |
| (4) | The chairperson of the Committee shall request chairpersons of the committees to which members falling under paragraph (3) 3 through 7 belong to recommend committee members, and chairpersons of such committees shall recommend committee members within seven days from the date they are so requested. |
| (5) | A majority of the members of the Integrated Deliberation Committee shall constitute a quorum, and any resolution thereby shall require a concurring vote of at least a majority of those present. |
| (6) | The Integrated Deliberation Committee shall tape-record proceedings of each meeting and shall take minutes of each meeting. |
| (7) | The minimum number of committee members from each category prescribed in the subparagraphs of paragraph (3) and other matters necessary for the organization, operation, etc. of the Integrated Deliberation Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16141, Dec. 31, 2018]
| Article 11-4 (Procedures for Deliberation by the Integrated Deliberation Committee) |
| (1) | Where a project implementer intends to have an integrated plan undergo deliberation by the Integrated Deliberation Committee, such implementer shall file an application for approval of the integrated plan, along with the documents relevant to the subparagraphs of Article 11-3 (1). |
| (2) | A project implementer may submit a written final opinion to the Integrated Deliberation Committee, and the Integrated Deliberation Committee shall comprehensively review matters relevant to approval, the project implementer's written final opinion, written opinions from related agencies, etc. in deliberating on a plan. |
| (3) | Any review and deliberation conducted by the Integrated Deliberation Committee shall be deemed to have been conducted also by the following committees: |
[This Article Newly Inserted by Act No. 16141, Dec. 31, 2018]
| Article 12 (Implementation of Projects) |
Where a project implementer intends to implement a project, such implementation except for the matters provided for in this Act shall be governed by procedures prescribed by relevant statutes (hereinafter referred to as "relevant statutes, etc."), such as the Tourism Promotion Act, the National Land Planning and Utilization Act, the Rearrangement of Agricultural and Fishing Villages Act, the Urban Development Act, the Act on Public-Private Partnerships in Infrastructure, the Industrial Sites and Development Act, the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, the Foreign Investment Promotion Act, the Regional Development Assistance Act, the Framework Act on Environmental Policy, the Harbor Act. <Amended by Act No. 12737, Jun. 3, 2014; Act No. 13483, Aug. 11, 2015>
| Article 12-2 (Overall Control and Management of Saemangeum Project) |
| (1) | For the efficient facilitation of the Saemangeum Project, the Administrator of the Agency may designate an institution prescribed by Presidential Decree, which specializes in the field of urban planning and urban design, building, etc., as a general project manager. |
| (2) | The general project manager designated under paragraph (1) shall provide the following support: Provided, That such support shall exclude the projects and affairs directly implemented by the Minister of Agriculture, Food and Rural Affairs pursuant to Article 54: |
| 1. | Formulation or amendment of a Master Plan, development plan, and implementation plan; |
| 2. | Examination of funding plans and detailed investment plan included in a development plan and implementation plan; |
| 3. | Suitability analysis at the time of designation of a project implementer; |
| 4. | Plans for process management and coordination among individual development projects; |
| 5. | Business analysis of each project for creation of land; |
| 6. | Analysis of land supply suitability; |
| 7. | Other affairs prescribed by Presidential Decree. |
| (3) | Except for the matters provided for in paragraphs (1) and (2), matters necessary for the designation, operation, etc., of a general project manager shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 13 (Restrictions on Acts) |
| (1) | In the Saemangeum Project Area (excluding an area for which a license for reclaiming public waters was obtained pursuant to Article 28 of the Public Waters Management and Reclamation Act and which has not undergone inspection on completion pursuant to Article 45 of the same Act), a person who intends to do an act prescribed by Presidential Decree, such as construction of buildings, installation of structures, alteration of the form and quality of land, collection of soil and stones, subdivision of land, stockpiling of articles, etc., shall obtain permission from the Administrator of the Agency. This shall also apply where such person intends to alter matters already permitted. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | Notwithstanding paragraph (1), any of the following acts may be done without obtaining permission: |
| 1. | An act done for emergency measures necessary for restoration from disaster or disaster control; |
| 2. | Other acts prescribed by Presidential Decree. |
| (3) | With regard to activity requiring permission under paragraph (1), a person who has already obtained permission for an act under relevant statutes or regulations or has commenced construction or a project for activity that does not require permission as at the time the project implementation or implementation plan is authorized and publicly notified pursuant to Article 96 of the Agricultural Community Modernization Promotion Act as amended by Act No. 4118 and to Article 9-2 of the Public Waters Reclamation Act as amended by Act No. 3901, shall be allowed to continue the construction or project after reporting to the Administrator of the Agency, as prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| (4) | The Administrator of the Agency may issue an order of reinstatement to a person who violates paragraph (1). In such cases, where the person in receipt of the order fails to perform any of his or her obligations, the Administrator of the Agency may perform it as proxy pursuant to the Administrative Vicarious Execution Act. <Amended by Act No. 13483, Aug. 11, 2015> |
| (7) | Deleted. <by Act No. 13483, Aug. 11, 2015> |
| Article 14 (Special Cases concerning the Public Waters Management and Reclamation Act) |
| (1) | Where an implementation plan is approved pursuant to Article 11, the purpose of reclamation of land for which reclamation license is obtained pursuant to Article 28 of the Public Waters Management and Reclamation Act, of land slated for reclamation, or of reclaimed land for which completion of construction is authorized (including cases where consultation is held or approval is obtained pursuant to Article 35 of the aforesaid Act) shall be deemed to have been changed to a use determined by relevant statutes, etc., notwithstanding Article 48 of the same Act and Article 3 of the Addenda to the Public Waters Reclamation Act (Act No. 5911). |
| (5) | Where a project implementer referred to in Article 8 (1) 4 or 5 intends to use any remaining reclaimed land acquired by the State under Article 46 (1) of the Public Waters Management and Reclamation Act, the State may grant permission to use the relevant remaining reclaimed land or lend it for up to 50 years, notwithstanding Articles 35 and 46 of the State Property Act. In such cases, where the period of use permission or lease period has expired, the previous use permission or lease contract may be extended by the period not exceeding 50 years on only one occasion. <Amended by Act No. 14341, Dec. 2, 2016> |
| (7) | Notwithstanding Article 4 (2) of the Public Waters Management and Reclamation Act, public waters in the Saemangeum Project Area shall be managed by the Administrator of the Agency: Provided, That this shall not apply to the areas where the Minister of Agriculture, Food and Rural Affairs directly implements a project or affairs. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
| Article 15 (Entry into Other Person’s Land) |
| (1) | Where necessary for the implementation of the Saemangeum Project, a project implementer may enter other person’s land or use it as a place to stockpile materials or as a temporary passageway; where especially necessary, he or she may change or remove trees, earth, stones, and other obstacles. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis even to public officials or staff members who obtain permission from the Minister of Land, Infrastructure and Transport or the Administrator of the Agency, who are public officials of administrative agencies or staff members of institutions or organizations related to the Saemangeum Project. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| Article 16 (Compensation for Loss) |
| (1) | Where a person suffers loss due to an act under Article 15 (1) or (3), a project implementer, the Minister of Land, Infrastructure and Transport, or the Administrator of the Agency, shall compensate the person for such loss. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| Article 17 (Authorization and Permission Deemed Granted under Other Statutes) |
| (1) | Where a project implementer obtains approval of an implementation plan, each permission, authorization, report, determination, designation, license, consultation, rescission, deliberation, etc. (hereinafter referred to as "authorization, permission, etc.") under the following statutes shall be deemed obtained or made; where the Administrator of the Agency or a Mayor/Do Governor approves or publicly notifies an implementation plan according to the procedures prescribed by relevant statutes, etc., each public notification or public announcement of authorization, permission, etc. under relevant statutes in the following shall be deemed made: <Amended by Act No. 11794, May 22, 2013; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13433, Jul. 24, 2015; Act No. 13483, Aug. 11, 2015; Act No. 13805, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017; Act No. 14569, Feb. 8, 2017; Act No. 14912, Oct. 24, 2017> |
| 14. | Formulation or amendment of a Master Plan for parks and green areas under Article 9 of the Act on Urban Parks and Green Areas; |
| 32. | Reporting on opening a grave under Article 8 of the Act on Funeral Services, permission for opening a grave under Article 27 of the same Act; |
| 33. | Permission for electricity generation business, electric transmission business, electric distribution business, or electric sales business under Article 7 of the Electric Utility Act, and authorization for or reporting on a plan to build an electric installation for private use plan under Article 62 of the same Act; |
| 35. | Deleted; <by Act No. 12737, Jun. 3, 2014> |
| 36. | Reporting on commencing, altering or completing a project under Article 86 (1) of the Act on the Establishment and Management of Spatial Data; |
| 40. | Examination for map production, etc. under Article 15 (3) of the Act on the Establishment and Management of Spatial Data; |
| (2) | A project implementer, who intends to have authorization, permission, etc. deemed obtained or made, shall submit relevant documents prescribed by relevant statutes together as at the time such implementer files an application for approval of an implementation plan or for approval for the amendment thereof. |
| (3) | In approving an implementation plan or the amendment thereof pursuant to relevant statutes, etc., the Administrator of the Agency shall consult in advance, with the head of relevant administrative agency where matters falling under any of the subparagraphs of paragraph (1) are included therein. <Amended by Act No. 13483, Aug. 11, 2015> |
| (4) | In receipt of a request for consultation from the Administrator of the Agency under paragraph (3), the head of the relevant administrative agency shall submit his or her opinion within 20 days from the receipt thereof; where an opinion is not submitted within such period, he or she shall be deemed to have no opinion. <Amended by Act No. 13483, Aug. 11, 2015> |
| (5) | Where relevant administrative agencies differ in their opinions in the consulting process referred to in paragraph (3), the Administrator of the Agency may, where deemed necessary to coordinate them or to promptly proceed with consultation, organize a consultative council with relevant administrative agencies and operate it, as prescribed by Presidential Decree. In such cases, the heads of relevant administrative agencies shall require public officials under their control to attend the consultative council. <Newly Inserted by Act No. 14341, Dec. 2, 2016> |
| (6) | Where any approval, permission, etc. prescribed in the relevant statutes, etc. are deemed obtained under paragraph (1), the charges or fees to be imposed under the relevant statutes, etc. shall be exempt. <Newly Inserted by Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016> |
| Article 18 (Expropriation and Use of Land) |
| (1) | Where necessary for the implementation of the Saemangeum Project in the Saemangeum Project Area, a project implementer may expropriate or use (hereinafter referred to as "expropriation, etc.") land, articles or rights (hereinafter referred to as "land, etc.") pursuant to Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects: Provided, That the project implementer under Article 8 (1) 4 or 5 shall purchase land at least 2/3 of the size of land for a development project and obtain consent from at least a half of the total number of land owners. |
| (2) | Where approval of an implementation plan is publicly notified pursuant to Article 11 (5), project approval and public notification of project approval under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall be deemed to exist. |
| (3) | The Central Land Tribunal shall be the competent land tribunal for the adjudication of expropriation, etc. of land, etc. |
| (4) | The Act shall apply mutatis mutandis to expropriation, etc. of land, etc. except where specifically prescribed by this Act. |
| Article 19 (Installation of Infrastructure) |
| (2) | To efficiently perform the function of the Saemangeum Project Area, the State and local governments shall preferentially subsidize installation of facilities prescribed by Presidential Decree, such as roads, railroads, ports, waterworks, sewerage systems, etc. within budgetary limits. |
| Article 20 (Completion Inspections) |
| (1) | Where a project implementer fully or partially completes the Saemangeum Project, such implementer, without delay, submit a completion report to the Administrator of the Agency, as prescribed by Presidential Decree, and undergo a completion inspection. In such cases, the Administrator of the Agency may request a specialized inspection institution prescribed by Presidential Decree to conduct a detailed inspection necessary for the confirmation of completion. <Amended by Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016> |
| (2) | Where the Administrator of the Agency deems construction implemented as approved after conducting a completion inspection under paragraph (1), he or she shall deliver a completion inspection certificate to the project implementer; if the construction works have not been implemented as the implementation plan, he or she shall, without delay, order the project implementer to take necessary measures, such as supplementary construction works, etc. In such cases, the Administrator of the Agency shall consult, in advance, with the heads of relevant administrative agencies over a completion inspection with regard to the authorization, permission, etc. under the subparagraphs of Article 17 (1). <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | Where a completion inspection certificate under paragraph (2) is obtained, the completion inspection, completion authorization, etc. of the relevant project with regard to the authorization, permission, etc. under the subparagraphs of Article 17 (1), shall be deemed conducted or obtained. |
| (4) | To use land and facilities created or installed by the Saemangeum Project before obtaining a completion inspection certificate under paragraph (2), permission for use before completion of construction shall be obtained from the Administrator of the Agency. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 21 (Public Announcement of Completion of Construction) |
The Administrator of the Agency shall announce completion of construction when he or she delivers a completion inspection certificate to a project implementer pursuant to Article 20 (2). <Amended by Act No. 13483, Aug. 11, 2015>
| Article 22 (Supply of Created Land) |
| (1) | Where a project implementer intends to supply land created by the Saemangeum Project or undeveloped land (hereinafter referred to as "created land, etc."), he or she shall formulate a supply plan for created land, etc. and obtain approval from the Administrator of the Agency. This shall also apply to the amendment of the supply plan. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | After concluding a contract with a person who intends to be supplied with undeveloped land and develop it (hereinafter referred to as "undeveloped land developer"), a project implementer shall obtain a detailed plan from such person, and include the plan in the details of an implementation plan. |
| (3) | The Administrator of the Agency may revoke approval to supply undeveloped land or request a project implementer to take necessary measures, such as urging a project implementer to implement required measures, reinstate it, claim for compensation for damage, rescission of a contract for the supply of undeveloped land, etc., in any of the following cases: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | Where the project implementer fails to use the land specified by the supply plan for undeveloped land under paragraph (1); |
| 2. | Where the undeveloped land developer fails to implement a project specified by the detailed plan under paragraph (2). |
| (4) | A project implementer may rescind a contract for the supply of undeveloped land, as prescribed by Presidential Decree, in any of the following cases: |
| 1. | Where an undeveloped land developer fails to commence construction works within the deadline specified by a detailed plan; |
| 2. | Where an undeveloped land developer delays the implementation of a project past the project period specified by a detailed plan after commencing construction works; |
| 3. | Where an undeveloped land developer sells all or part of land supplied to a third party without obtaining approval from a project implementer; |
| 4. | Where supplied land is not used for the purpose specified in a detailed plan. |
| (5) | The details of a supply plan for created land, etc., procedures and methods of supply, methods of determining a price, standards for selecting an undeveloped land developer, scope of duties of a project implementer and an undeveloped land developer, methods of concluding a contract, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 23 (Advance Payment) |
| (1) | A project implementer may receive payment of all or part of the price of created land, etc. in advance from a person intending to be supplied with such land, etc., as prescribed by Presidential Decree. |
| (2) | Where a project implementer intends to receive payment of all or part of the price of land etc. in advance pursuant to paragraph (1), he or she shall obtain approval from the Administrator of the Agency. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 24 (Reserving of Public Land) |
| (1) | The Government may reserve and manage land by land use, which is necessary for public use on a long-term basis. |
| (2) | The scale and use of land to be reserved pursuant to paragraph (1) shall be determined through deliberation of the Saemangeum Committee, and detailed matters necessary for reserving and managing it shall be prescribed by Presidential Decree. |
| (3) | The Public Land Reservation Act shall apply to the reserving of public land under paragraph (1) in addition to those prescribed by this Act. |
| Article 25 (Transfer of Jurisdiction of Public Facilities) |
| (1) | Where a project implementer newly installs a public facility (excluding a parking lot, sports grounds, or facility prescribed by Presidential Decree; hereafter the same shall apply in this Article) or a facility replacing existing public facility, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the transfer of jurisdiction thereof. |
| (2) | With regard to the registration of public facilities and property under paragraph (1), a written approval of an implementation plan and a completion inspection certificate may be issued in lieu of documents evidencing the reason for registration under the Registration of Real Estate Act. |
| Article 26 (Restrictions on Disposal of State-Owned or Public Land) |
| (1) | Land owned by the State or a local government and located in the Saemangeum Project Area, necessary for the Saemangeum Project, shall not be disposed of, such as by sale, etc., for any purpose other than that determined by the Saemangeum Project. |
| (2) | Property owned by the State or a local government and located in the Saemangeum Project Area, which is necessary for the Saemangeum Project, may be disposed of, such as by sale, etc., by a negotiated contract with a project implementer, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act. In such cases, the management agency of the property shall consult in advance, with the head of the relevant central administrative agency on disposal, such as abrogation of the right to use the property (limited to administrative property), sale, etc. |
| (3) | In receipt of a request for consultation under the latter part of paragraph (2), the head of the relevant central administrative agency shall notify his or her opinion within 60 days from the date of receipt of such request. |
| (4) | Where the State or a local government sells State property or public property located in the Saemangeum Project Area to a project implementer, they may be lenient with part of conditions, such as long-term installment payment, etc., as prescribed by Presidential Decree, in consideration of the conditions for development. |
| Article 27 (Revoking Designation of Project Implementers) |
| (1) | The Administrator of the Agency may revoke the designation of a project implementer, revoke approval under this Act, and order suspension or alteration of relevant construction, and the renovation, alteration, transfer, etc. of facilities or articles, where a project implementer falls under any of the following cases: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | Where the project implementer obtains designation or approval under this Act, by fraud or other wrongful means; |
| 2. | Where construction falls behind schedule due to a reason attributable to the project implementer; |
| 3. | Where it becomes impractical to continue implementing the Saemangeum Project due to a natural disaster or change of circumstances, such as necessity from important public interests, etc.; |
| 4. | Where an order to take necessary measures, such as supplementary construction works, etc. under Article 20 (2), is violated; |
| 5. | Where an order to report or to submit data under Article 28 (1) is violated. |
| (2) | Where the Administrator of the Agency issues a disposition or an order under paragraph (1), he or she shall publicly notify it, as prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | Where the Administrator of the Agency intends to revoke the designation of a project implementer or to revoke approval under this Act pursuant to paragraph (1), he or she shall hold a hearing. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 28 (Report and Inspection) |
| (1) | Where necessary for the implementation of this Act, the Administrator of the Agency may request a project implementer to report on the progress, etc. of the Saemangeum Project or order him or her to submit data; and may request affiliated public officials to enter the offices and places of business of a project implementer and other necessary places and to inspect performance of duties regarding the Saemangeum Project. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | Pubic officials inspecting duties regarding the Saemangeum Project pursuant to paragraph (1) shall carry a certificate indicating authority and produce it to interested parties. |
| (3) | Matters necessary for a certificate under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by 11690, Mar. 23, 2013> |
| Article 28-2 (Application Mutatis Mutandis to Projects outside Saemangeum Project Area) |
| (1) | Where a project implementer intends to implement a project directly related to the Saemangeum Project (limited to projects for the construction of inter-regional infrastructure prescribed by Presidential Decree, such as a road, a railroad, a harbor, a port, and waterworks) in any area adjacent to the Saemangeum Project Area, such implementer shall prepare an implementation plan pursuant to Article 11 and obtain approval thereof from the Administrator of the Agency, and the Administrator of the Agency shall publicly notify the approval of such implementation plan, upon approval. |
| (2) | Articles 11, 13, 15 through 21, 23, 25, 26, 28, and 74 through 76 shall apply mutatis mutandis to an area in regard of which the approval of an implementation plan for a project outside the Saemangeum Project Area has been publicly notified under paragraph (1). In such cases, "Saemangeum Project Area" shall be construed as "area in regard of which the approval of an implementation plan for a project outside the Saemangeum Project Area has been publicly notified". |
[This Article Newly Inserted by Act No. 16141, Dec. 31, 2018]
CHAPTER III ENVIRONMENTAL MANAGEMENT OF SAEMANGEUM PROJECT AREA
| Article 29 (Environmental Management of Saemangeum Project Area) |
| (1) | To prevent environmental pollution of the Saemangeum Project Area, damage thereto, and danger therefrom and to adequately manage and conserve environment, the Minister of Environment shall formulate and implement appropriate environmental conservation measures. |
| (2) | To manage the Saemangeum Project Area with due conscientiousness, the Minister of Environment shall examine matters regarding the implementation of environmental measures and continuously implement water quality monitoring, etc. |
| (3) | Where the Minister of Environment deems that the influx of pollutants discharged from the Saemangeum Project Area and surrounding areas may have negative impact on the environmental management of the Saemangeum Project Area, he or she may request the heads of the relevant administrative agencies or the Governor of Jeollabuk-do to make improvements or to take other measures, etc. |
| (4) | Where the Minister of Environment deems that the influx of pollutants discharged from the Saemangeum Project Area and surrounding areas into the sea may have negative impact on the environmental management of sea areas nearby the Saemangeum Project Area, he or she may request the heads of the relevant administrative agencies or the Governor of Jeollabuk-do to make improvements or to take other measures, etc. <Amended by 11690, Mar. 23, 2013> |
| Article 30 (Annual Investment Plans to Reduce Water Quality Pollution) |
| (1) | The State and local governments shall formulate a plan to make annual investments to control water quality pollution of the Saemangeum Project Area (hereinafter referred to as "annual investment plan") in advance and to improve the quality of polluted water (including source of pollution) and submit it to the Minister of Environment. |
| (2) | The Minister of Environment shall combine annual investment plans, consult with the Minister of Economy and Finance and the Minister of Land, Infrastructure and Transport, and submit the results for deliberation by the Saemangeum Committee. <Amended by 11690, Mar. 23, 2013> |
| (3) | Matters that are to be included in annual investment plans shall be prescribed by Presidential Decree. |
| Article 31 (Imposition of Water Use Charges) |
| (1) | To raise finances for a Saemangeum water quality improvement project, the Minister of Environment may impose and collect water use charges according to the quantity of water use on and from any of the following persons: |
| 1. | A person who is supplied with raw water from Saemangeumho Lake; |
| (2) | Notwithstanding paragraph (1), any of the following persons shall be exempt from water use charges: |
| 1. | A person who uses raw water from Saemangeumho Lake as water for agricultural use; |
| 2. | A person who uses raw water from Saemangeumho Lake as water flow for river maintenance in the Saemangeum Project Area. |
| (3) | The method of calculating water use charges under paragraph (1), method of imposition and collection, procedures for payment and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | The Minister of Environment shall establish a separate account for water use charges and keep accounting records separating from other accounts. <Amended by Act No. 13483, Aug. 11, 2015> |
| (5) | Water use charges shall be administered for a Saemangeum water quality improvement project after deliberation by the Saemangeum Committee, as prescribed by Presidential Decree. |
| Article 32 (Designation and Management of Areas in Which Sources of Water Quality Pollution Exist) |
| (1) | To prevent water quality pollution caused by waste water, excreta, and livestock wastewater flowing into the Saemangeum Project Area and to remove sources of pollution, the Minister of Environment may designate and manage an area in which sources of water quality pollution, such as waste water, excreta, livestock wastewater, etc., exist as a special management area, as prescribed by Presidential Decree, after consultation with the heads of relevant administrative agencies. |
| (2) | Where the Minister of Environment designates a special management area, he or she shall manage it by including it in an annual investment plan and formulate measures to reduce sources of pollution. |
| (3) | The Minister of Environment and heads of relevant central administrative agencies may grant technological and financial support for the improvement of water quality and reduction of sources of pollution to an area designated as a special management area pursuant to paragraph (1). |
| (4) | Where necessary to achieve the objectives of the designation of a special management area, the Minister of Environment may purchase land, etc. in the special management area, in consultation with the owner of the land. In such cases, Articles 67 (1), 70, 71, 74, 75, 75-2, 76, 77, and 78 (5) through (7) and (9) of the Act on Acquisition of and Compensation for Land for Public Works Projects, shall apply mutatis mutandis to the period, methods, standards, etc. for calculation of the purchase price. <Newly Inserted by Act No. 12644, May 21, 2014> |
[Pursuant to Article 2 of the Addenda to the Act No. 12644 dated May 21, 2014, paragraph (4) of this Article shall be valid until December 31, 2019]
CHAPTER IV ORGANIZATIONS TO PROMOTE SAEMANGEUM PROJECT
| Article 33 (Establishment and Operation of the Saemangeum Committee) |
| (1) | The Saemangeum Committee shall be established under the jurisdiction of the Prime Minister to deliberate on important matters, such as efficient development and management of the Saemangeum Project Area and environmental conservation of the same. |
| (2) | The Saemangeum Committee shall deliberate on the following: <Amended by Act No. 14341, Dec. 2, 2016; Act No. 15515, Mar. 20, 2018> |
| 1. | Matters regarding a Master Plan under Article 6; |
| 2. | Matters regarding an installation plan for inter-regional infrastructure under Article 7; |
| 3. | Matters regarding a development plan under Article 9; |
| 4. | Matters regarding the supply of created land, etc. under Article 22; |
| 5. | Matters regarding the reserving of public land under Article 24; |
| 6. | Matters regarding annual investment plans under Article 30; |
| 7. | Matters regarding water use charges under Article 31; |
| 8. | Important matters regarding the Saemangeum Development Corporation under Article 36-2; |
| 9. | Important matters regarding the management and operation of a Saemangeum Project special account under Article 37; |
| 10. | Matters regarding approval of foreign educational institutions under Article 61 (2); |
| 11. | Matters regarding permission for foreign medical institutions under Article 62 (1); |
| 12. | Matters regarding the improvement of regulation on the Saemangeum Project; |
| 13. | Other matters referred by chairpersons as deemed necessary. |
| (3) | The Saemangeum Committee shall be comprised of 30 or less members including two chairpersons. <Amended by Act No. 12019, Aug. 6, 2013> |
| (4) | Persons commissioned by the Prime Minister and the President shall become the chairpersons; and the following persons shall become members: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | The heads of relevant central administrative agencies; |
| 2. | The Administrator of the Agency; |
| 3. | The Governor of Jeollabuk-do; |
| 4. | Private specialists, etc. commissioned by the Prime Minister. |
| (5) | Where the Saemangeum Committee is organized pursuant to paragraphs (3) and (4), at least 1/3 of its members shall be private specialists, etc. with substantial knowledge and experience in the fields of agriculture, environment, ocean, city, and culture, who can contribute to the development and operation of the Saemangeum Project Area. |
| (6) | An executive secretary shall be appointed to efficiently operate and support the Saemangeum Committee, but shall be designated by the Prime Minister from among public officials affiliated with the Office for Government Policy Coordination and Saemangeum Development and Investment Agency. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | Where necessary for efficient operation, the Saemangeum Committee may establish subcommittees to deliberate on matters prescribed by Presidential Decree from among the matters subject to deliberation under paragraph (2). |
| (8) | Other matters necessary for organizing and operating the Saemangeum Committee and subcommittees shall be prescribed by Presidential Decree. |
| Article 33-2 (Establishment of the Saemangeum Project Support Bureau) |
| (1) | The Saemangeum Project Support Bureau shall be established (hereinafter referred to as the "Support Bureau") under the jurisdiction of the Prime Minister to efficiently facilitate and assist with the Saemangeum Project. |
| (2) | The Support Bureau shall integrate and coordinate policies related to the Saemangeum Project and perform affairs related to the operation, etc. of the Saemangeum Committee. |
| (3) | Matters necessary for the organization and operation of the Support Bureau shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 34 (Establishment of the Saemangeum Development and Investment Agency) |
| (1) | The Saemangeum Development and Investment Agency (hereinafter referred to as the "Agency") shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport to efficiently facilitate and manage the Saemangeum Project. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| (2) | The Agency shall have one Administrator and one deputy Administrator; the Administrator shall be a public official in political service; and the deputy Administrator shall be a state public official in general service of the Senior Civil Service. <Amended by Act No. 12644, May 21, 2014; Act No. 13483, Aug. 11, 2015> |
| (3) | The organization and operation of the Agency and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 35 (Duties of Administrator of the Agency) |
The Administrator of the Agency shall perform the following duties regarding the integration, coordination, and execution of policies related to the Saemangeum Project: <Amended by Act No. 13483, Aug. 11, 2015>
| 1. | Matters regarding support for the Saemangeum Committee; |
| 2. | Matters regarding the formulation of a Master Plan under Article 6 and amendment thereof; |
| 3. | Installation and management of inter-regional infrastructure and auxiliary facilities under Article 7; |
| 4. | Designation of a project implementer under Article 8; |
| 5. | Formulation and amendment of a development plan under Article 9 and approval of and amendment of an implementation plan under Article 11; |
| 6. | Permission to do acts in the Saemangeum Project Area under Article 13; |
| 8. | Approving a supply plan for created land, etc. under Article 22; |
| 10. | Matters regarding the management and operation of a Saemangeum Project special account under Article 37; |
| 11. | Matters regarding the management of disasters and calamities in the Saemangeum Project Area; |
| 12. | Publicity to attract business investment in the Saemangeum Project Area, cooperation with the outside and support for attracting such business investment; |
| 13. | Profit-making business using land in the Saemangeum Project Area and Saemangeumho Lake; |
| 14. | Overall coordination of the Saemangeum Project; |
| 15. | Duties prescribed by this Act or other statutes as those of the Administrator of the Agency; |
| 16. | Other duties prescribed by Presidential Decree. |
| Article 36 (Requests for Dispatch of Executive Officers and Employees) |
| (1) | Where necessary for the implementation of duties, the Administrator of the Agency may request the dispatch of public officials affiliated with relevant administrative agencies, and executives officers and employees of relevant institutions, corporations, organizations, etc., or request them to hold a concurrent post at the Agency. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | Where necessary for performing his or her duties, the Administrator of the Agency may employ specialists in the relevant fields as public officials on a fixed-term basis. <Amended by Act No. 13483, Aug. 11, 2015> |
CHAPTER IV-2 SAEMANGEUM DEVELOPMENT PROJECT
| Article 36-2 (Establishment) |
The Saemangeum Development Corporation (hereinafter referred to as the "Corporation") shall be established for efficiently and expeditiously implementing the Saemangeum Project.
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-3 (Juristic Personality and Office) |
| (1) | The Corporation shall have juristic personality. |
| (2) | The address of the Corporation's principal office shall be stipulated by its Articles of Incorporation. |
| (3) | If necessary to perform its operations, the Corporation may have branches or sub-offices, as stipulated by its Articles of Incorporation. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-4 (Capital and Investment) |
| (1) | The Corporation's capital shall be three trillion won and shall be divided into shares. |
| (3) | The State may grant the Corporation a license for reclaiming public waters under Article 28 (1) of the Public Waters Management and Reclamation Act in the Saemangeum Project Area (excluding the Saemangeumho Lake and the areas in which the Minister of Agriculture, Food and Rural Affairs directly implements projects under Article 54), as an investment in kind, before an implementation plan is approved. In such cases, notwithstanding Article 14 (1) and (2), the license for reclaiming public waters (hereinafter referred to as "reclamation license") shall be deemed transferred, and the purpose of reclamation shall be deemed changed at the time the implementation plan is approved. |
| (4) | The reclamation license granted to the Corporation as investment in kind under paragraph (3) shall be deemed a real right, and provisions regarding real property in the Civil Act shall apply to the reclamation license mutatis mutandis, except as otherwise provided in this Act. |
| (6) | The classes of shares issued by the Corporation under paragraphs (1) through (3), the amount per share, and other necessary matters shall be stipulated by its Articles of Incorporation. |
| (7) | Where the State or a local government makes an investment in the Corporation under paragraph (2) or (3), it may exercise its rights only to the extent of its investment, and the State Property Act shall apply to matters not provided in this Act. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-5 (Redemption of Property Invested in Kind) |
| (1) | Where the State grants a reclamation license to the Corporation as an investment in kind under Article 36-4 (3), the reclamation license shall be subject to mutual redemption, between the State and the Corporation, of the property invested in kind and the shares acquired as the price for the property within 20 years from the date of investment. |
| (2) | Where the property invested in the Corporation in kind under paragraph (1) is redeemed, the Corporation shall pay the price in cash (or by developed land or reclamation license if it is impracticable to pay the price in cash) equivalent to the value of the investment determined under the main sentence of Article 62 of the State Property Act at the time of investment in kind, notwithstanding the market value as at the time of payment. |
| (3) | Where the shares acquired by the State under paragraph (1) are redeemed, the State shall return such shares, based on the value at the time of investment in kind, notwithstanding the market value as at the time of returning the shares. |
| (4) | Matters necessary for the procedure, method, etc. for the redemption under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-6 (Registration) |
| (1) | The Corporation shall be duly incorporated when its establishment is registered with the registry having jurisdiction over its principal office. |
| (2) | The provisions regarding registration in the Civil Act shall apply mutatis mutandis to registering establishment under paragraph (1), registering establishment of its office, registering relocation, amending the registration, and registering other matters of the Corporation. |
| (3) | The Corporation shall have no valid right or defense against a third party with regard to any matter required to be registered, unless the matter has been registered. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-7 (Articles of Incorporation) |
| (1) | The Corporation's Articles of Incorporation shall include provisions regarding the following: |
| 3. | The address of its principal office; |
| 4. | Business operations and matters regarding the performance of such operations; |
| 5. | Matters regarding property and accounting; |
| 6. | Matters regarding executive officers and employees; |
| 7. | Matters regarding the board of directors; |
| 8. | Matters regarding the amendment of the Articles of Incorporation; |
| 9. | Matters regarding public notification; |
| 11. | Other matters prescribed by Presidential Decree. |
| (2) | When the Corporation intends to formulate or amend its Articles of Incorporation, it shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport. In this regard, the Minister of Land, Infrastructure and Transport shall preconsult with the Minister of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-8 (Appointment of Attorney-in-Fact) |
An employee appointed by the President of the Corporation, as stipulated by the Articles of Incorporation, may conduct all judicial or extra-judicial acts necessary to perform business operations of the Corporation.
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-9 (Business Activities) |
| (1) | The Corporation shall engage in the following business activities: |
| 1. | The following projects for developing land and a city within the scope of the Saemangeum Project: |
| (a) | Projects for developing housing construction sites, sites for industrial facilities, and sites for the public facilities specified by Presidential Decree; |
| (b) | Urban development projects; |
| (c) | Projects for developing multi-functional complexes under a comprehensive plan for complexes for a function, such as housing, industrial functions, research, cultural functions, tourism, recreation, public administration, information and communications, welfare, or distribution (hereafter in this item referred to as "housing and other functions"), complexes for housing and other functions, and infrastructure; |
| (d) | Projects for land reclamation and landfill; |
| (e) | Integrated energy supply projects; |
| 2. | The following profit-making projects and business for procuring funds required for the Saemangeum Project: |
| (c) | Other projects and business approved by the Administrator of the Agency; |
| 3. | The following business activities for soliciting investments: |
| (a) | Soliciting domestic and foreign investors and engaging in marketing and promotional activities for investments; |
| (b) | Comprehensive support activities, such as provision of consulting and information services to domestic and foreign investors, conduct of promotional activities and surveys, and processing of civil petitions for investors; |
| (c) | Other activities necessary to assist domestic and foreign investors in making investments; |
| 4. | Constructing, improving, supplying, and managing residential houses or buildings for public use or public service under an entrustment agreement; |
| 5. | Business activities entrusted by the State, a local government, or other persons; |
| 6. | Projects the Corporation may implement under other statutes. |
| (2) | The Corporation may invest in, or contribute to, corporations engaging in business activities referred to in the subparagraphs of paragraph (1) or similar business activities, subject to resolution by its board of directors. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| (1) | The Corporation shall procure funds required for operation and business activities from the following financial sources: |
| 2. | Borrowings (including funds borrowed and goods imported from foreign countries; hereinafter the same shall apply); |
| 3. | Funds raised by issuing bonds and debentures under Article 36-11; |
| 4. | Funds raised by asset-backed securitization under the Asset-Backed Securitization Act, and by other method prescribed by Presidential Decree for real property financing; |
| 5. | Gains on asset management; |
| 6. | Income from profit-making business; |
| (2) | Where the Corporation borrows a loan from a foreign country, the Government may guarantee the payment of the principal of, and interest on, the loan. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-11 (Issuance of Bonds and Debentures) |
| (1) | The Corporation may issue bonds and debentures (including land redemption bonds; hereinafter the same shall apply) for a maximum of five times the aggregate of its paid-in capital and reserves, subject to resolution by the board of directors. |
| (2) | The Government may guarantee the payment of the principal of, and interest on, the bonds and debentures issued by the Corporation. |
| (3) | A claim for principal of the bonds and debentures shall be time-barred after five years, whereas a claim for interest thereon shall be time-barred after three years. |
| (4) | Land redemption bonds shall be redeemed in exchange for land or buildings on the date of redemption, as stated on such bonds: Provided, That where land redemption bonds issued under different terms and conditions, they may be redeemed by paying principal and interest determined at the interest rate specified by Presidential Decree at the request of the holder of such bonds. |
| (5) | Matters necessary for conditions, methods of issuing bonds and debentures, interest rate, the period of redemption, etc. shall be prescribed by Presidential Decree. |
| (6) | When the Corporation intends to issue bonds and debentures under paragraph (1), it shall formulate a plan to issue bonds and debentures each year, as prescribed by Presidential Decree, subject to resolution by the board of directors, and shall obtain approval from the Minister of Land, Infrastructure and Transport. In this regard, the Minister of Land, Infrastructure and Transport shall preconsult with the Minister of Agriculture, Food and Rural Affairs. |
| (7) | Where the Corporation intends to amend a plan approved under paragraph (6) to issue bonds and debentures, it shall obtain approval of such amendment from the Minister of Land, Infrastructure and Transport. In such cases, paragraph (6) shall apply mutatis mutandis. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-12 (Treatment of Profits and Losses) |
| (1) | At the close of every business year, if the Corporation has earned profits, it shall appropriate the profits in the following order: |
| 1. | Offsetting losses brought forward; |
| 2. | Setting aside at least 2/10 of the profits as earned surplus reserve until the amount reaches 1/2 of the capital; |
| 3. | Setting aside at least 2/10 of the profits as business extension reserve until the amount equals the capital; |
| 4. | Distributing profits as dividends. |
| (2) | The Corporation shall offset losses realized at the close of each fiscal year against the business extension reserve set aside under paragraph (1) 3 and then against the earned surplus reserve under paragraph (1) 2: Provided, That, if losses still remain, the remaining losses shall be carried forward to the following fiscal year. |
| (3) | The earned surplus reserve and business extension reserve under paragraph (1) 2 and 3 may be transferred to capital, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-13 (Supply of Land) |
| (1) | The Corporation shall supply land for specific uses. |
| (2) | Except as otherwise provided in other statutes or regulations, the Corporation shall determine and implement guidelines for the supply of land (hereinafter referred to as "supply guidelines"), including the following: |
| 2. | Specific uses of supplied land; |
| 3. | Methods of determining supply prices; |
| 4. | Other necessary matters. |
| (3) | When the Corporation intends to determine the supply guidelines under paragraph (2) or amend such supply guidelines, it shall obtain approval thereof from the Administrator of the Agency in advance. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-14 (Payment of Land Price in Installments) |
The Corporation may accept the payment of land price in installments over a certain period, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-15 (Prohibition of Use of Similar Names) |
No person other than the Corporation under this Act shall use the name "Saemangeum Development Corporation" or similar.
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-16 (Duty of Confidentiality) |
No person who serves or served as an executive officer or employee of the Corporation shall divulge or appropriate any confidential information acquired in the course of his or her duties.
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-17 (Supervision) |
| (1) | The Administrator of the Agency shall supervise over the following business operations of the Corporation: |
| 1. | Annual business plans, business performance, and annual settlement of accounts; |
| 2. | Appropriate performance of business activities referred to in Article 36-9; |
| 3. | Projects entrusted by the Administrator of the Agency to the Corporation under this Act; |
| 4. | Business activities prescribed by other statutes or regulations. |
| (2) | Upon receiving a request from the Minister of Agriculture, Food and Rural Affairs, the Corporation shall provide information about the matters referred to in paragraph (1). |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-18 (Request for Documents) |
| (1) | If deemed necessary for business operations, the Corporation may request a registry or other related administrative agency or an involved person for permission to inspect or photocopy a document or for issuance of certified or plain copies of such document. |
| (2) | A person who receives a request for issuance of a document or the like under paragraph (1) shall comply with such request, unless there is a compelling reason not to do so. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-19 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-20 (Prohibition of Use of Undisclosed Information) |
| (1) | No executive officer or employee of the Corporation shall cause the Corporation to supply any house, land, etc. to him or her or a third party by using information related to its business operations but undisclosed to the general public. |
| (2) | The Corporation shall take disciplinary action against any executive officer or employee violating paragraph (1), as stipulated by its Articles of Incorporation or internal regulations. |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
| Article 36-21 (Relationship with Other Statutes) |
[This Article Newly Inserted by Act No. 15515, Mar. 20, 2018]
CHAPTER V SAEMANGEUM PROJECT SPECIAL ACCOUNT
| Article 37 (Establishment of Special Account) |
A Saemangeum Project special account may be established to efficiently facilitate the Saemangeum Project.
| Article 38 (Revenue and Expenditure from Account) |
| (1) | The revenues from the special account are as listed hereunder: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Transfer from general accounts and other special accounts; |
| 3. | Rental fees and sales from state property in the Saemangeum Project Area and other earnings from such property: Provided, That this shall exclude earnings from land and facilities appropriated and managed by the Minister of Agriculture, Food and Rural Affairs pursuant to Articles 54 and 55; |
| 4. | Contributions and subsidies; |
| 6. | Earnings using land in the Saemangeum Project Area and Saemangeumho Lake: Provided, That this shall exclude earnings from land and facilities appropriated and managed by the Minister of Agriculture, Food and Rural Affairs pursuant to Articles 54 and 55; |
| 7. | Repayment of loans from funds of the special account, interest income, and other earnings; |
| 8. | Earnings from other profit-making business. |
| (2) | The expenditures from the special account are as listed hereunder: |
| 1. | Expenses incurred in creating land under subparagraph 4 of Article 2; |
| 2. | Expenses incurred in installing, maintaining and managing infrastructure under Article 19; |
| 3. | Expenses incurred in purchasing the site of, constructing, moving, etc. public facilities prescribed by Presidential Decree, such as buildings, etc. of administrative agencies to be located in the Saemangeum Project Area; |
| 4. | Repayment of principal and interest of deposits under paragraph (1) 2; |
| 5. | Repayment of principal and interest of loans under Article 40; |
| 6. | Investment or loan of funds needed for a Saemangeum Project implementer to implement a project; |
| 7. | Other expenditures prescribed by Presidential Decree with regard to the Saemangeum Project. |
| (3) | Other matters necessary for the establishment, operation, and management of the special account, shall be prescribed by Presidential Decree. |
| Article 39 (Transfer from General Accounts and Other Special Accounts) |
To procure finances for expenditure, the special account may receive transfers from general accounts, other special accounts, or funds, as prescribed by the budget.
| (1) | If finances for expenditure of the special account are deficient, a long-term loan may be made for the amount resolved by the National Assembly at the cost of the special account. |
| (2) | Where money for expenditure is temporarily in shortage, the special account may make a temporary loan at the cost of the account. |
| (3) | The principal and interest of a temporary loan under paragraph (2) shall be repaid within the same fiscal year. |
| Article 41 (Reserve Fund) |
To replenish unpredictable, extraordinary expenditures or expenditures in excess of the budget, an appropriate amount may be earmarked in the expenditure budget as a reserve fund.
| Article 42 (Carry-Over of Expenditure Budget) |
Any surplus funds in the expenditure budget not expanded during relevant fiscal year may be carried over to the next year and used in the next year notwithstanding Article 48 of the National Finance Act.
| Article 43 (Handling Surpluses) |
A surplus in final accounts shall be carried over to the revenue of the following year.
CHAPTER VI SUPPORT FOR SAEMANGEUM PROJECT
| Article 44 (Reduction of or Exemption from Charges) |
Where necessary for support for the Saemangeum Project, the State and local governments shall be allowed to grant reduction of or exemption from development charges, farmland conservation charges, expenses incurred in creating substitute forest resources, charges for installing infrastructure, charges for occupying and using public waters, charges for occupying and using a river, expenses incurred in creating substitute grassland, charges for causing traffic congestion, cooperation charges on conservation of ecosystem, environmental improvement charges and inter-regional transportation facilities charges, as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Mountainous Districts Management Act, the National Land Planning and Utilization Act, the Public Waters Management and Reclamation Act, the River Act, the Grassland Act, the Urban Traffic Improvement Promotion Act, the Natural Environment Conservation Act, the Environmental Improvement Cost Liability Act and the Special Act on the Management of Intercity Transport in Metropolitan Areas.
| Article 45 (Disbursement of Subsidies) |
Where any of the following subparagraphs applies, the State may grant subsidies or long-term loans to a project implementer within budgetary limits after deliberation by the private investment project deliberation committee under Article 5 of the Act on Public-Private Partnerships in Infrastructure to efficiently facilitate the Saemangeum Project: | 1. | Where unavoidable grounds exist for the prevention of dissolution of a project implementer, who is a corporation, under Article 8; |
| 2. | Where unavoidable grounds exist for the maintenance of use fees at an appropriate level; |
| 3. | Where a private investment promotion project is deemed not carried on efficiently if a subsidy is not granted or a long-term loan is not extended, when the profitability of facility business included in the private investment promotion project is low in itself, but the efficiency, such as a considerable reduction in the construction period, cost, etc., of the facility business, can be enhanced if it is carried on together with the whole business. |
| Article 45-2 (Financial Support) |
| (1) | The State or a local government may provide, as prescribed by Presidential Decree, funds necessary for the following use to a company prescribed by Presidential Decree (hereinafter referred to as "partner company"), among partner companies for foreign-capital invested companies that relocate to the Saemangeum Project Area: <Amended by Act No. 14341, Dec. 2, 2016> |
| 1. | Purchase cost, use fee, rent, or construction cost of land or buildings; |
| 2. | Purchase cost of capital goods and research equipment and materials, and installation cost of infrastructure including electricity and communication facilities; |
| 3. | Installation cost of various convenience facilities for foreigners, such as medical facilities, education facilities, and housing; |
| 4. | Employment subsidies and subsidies for education and training; |
| 5. | Other funds deemed by Presidential Decree. |
| (2) | To attract partner companies, the State or local governments may purchase land to grant permission or lease to partner companies for their use (hereinafter referred to as “use permission, etc.”) or construct a building for use permission, etc. <Amended by Act No. 14341, Dec. 2, 2016> |
| (3) | Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes and regulations, the State or a local government may allow partner companies to use or profit from the State or public property owned by the State or local government, or lease or sell it to them, through a negotiated contract. <Amended by Act No. 14341, Dec. 2, 2016> |
[This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 46 (Special Cases concerning Use Permission for Land and Buildings) |
| (1) | Where deemed necessary, the State or local governments may grant permission, etc. to use state-owned or public land or buildings, etc. in the Saemangeum Project Area prescribed by Presidential Decree by up to 50 years, to foreign-capital invested companies, partner companies, foreign educational institutions, foreign medical institutions, and other companies prescribed by Presidential Decree, which relocate into the Saemangeum Project Area, notwithstanding Articles 35 and 46 of the State Property Act and Articles 21 and 31 of the Public Property and Commodity Management Act. In such cases, the period for use permission, etc. may be extended by up to 50 years. <Amended by Act No. 13483, Aug. 11, 2015; Act No. 14341, Dec. 2, 2016> |
| (2) | Notwithstanding Article 18 of the State Property Act and Article 13 of the Public Property and Commodity Management Act, a person who has obtained permission, etc. to use land pursuant to paragraph (1), may construct a factory or other necessary permanent facility on the land obtained for use permission, etc. In such cases, in consideration of the kind, etc. of the relevant facility, the State or local governments shall impose a condition that such land shall be donated to the State or local governments or that such land shall be returned after it is reinstated, when the period for use permission, etc. ends. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 47 (Special Cases concerning Installation and Use of Sports Facilities) |
| Article 48 (Support for Private Investment Promotion Projects) |
| (1) | The State or local governments may support private developers who perform private investment promotion projects in the Saemangeum Project Area in the following matters: |
| 1. | Permission to occupy and use public facilities; |
| 2. | Vicarious execution of the affairs related to the purchase of land, facilities, etc. necessary for the projects; |
| 3. | Granting the right to develop adjacent land prescribed by Presidential Decree to the extent that the profitability for the private developers can be guaranteed; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | Where a person obtaining permission to occupy and use the public facilities referred to in paragraph (1) 1, exists separately, the State or a local government may request permission for the occupation and use from the relevant person obtaining such permission; and the person in receipt of the request shall comply therewith except in extenuating circumstances. |
[This Article is Wholly Amended by Act No. 13483, Aug. 11, 2015]
| Article 49 (Special Cases concerning Designation of Special Building Zones) |
| (1) | Where the Administrator of the Agency deems it necessary for the Saemangeum Project, he or she may designate part of the Saemangeum Project Area as a special building zone, notwithstanding Article 69 of the Building Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14341, Dec. 2, 2016> |
| (2) | Articles 69 through 77 of the Building Act shall apply mutatis mutandis to the designation, procedures, etc. of a special building zone under paragraph (1). In such cases, the “Minister of Land, Infrastructure and Transport” shall be deemed the “Administrator of Saemangeum Development and Investment Agency”. <Amended by Act No. 14341, Dec. 2, 2016> |
| (3) | Notwithstanding Article 70 of the Building Act, the Administrator of the Agency may include any building built by a project implementer referred to in Article 8 (1) 4 or 5 in buildings that can be built in a special building zone. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14341, Dec. 2, 2016> |
| (4) | In designating a special building zone or including any building in buildings that can be built in a special building zone pursuant to paragraph (1) or (3), the Administrator of the Agency shall consult with the Minister of Land, Infrastructure and Transport in advance. <Newly Inserted by Act No. 14341, Dec. 2, 2016> |
| Article 50 (Special Cases concerning Designation of Mountain Conservation Districts) |
Notwithstanding Article 6 (3) of the Mountainous Districts Management Act, where necessary for the efficient development of the Saemangeum Project Area, the Minister of the Korea Forest Service may rescind the designation of a mountain conservation district in the Saemangeum Project Area.
| Article 51 (Special Cases concerning Application for Rectifying Land Register) |
Notwithstanding subparagraph 18 of Article 2 and Article 86 of the Act on the Establishment, Management of Spatial Data, the Administrator of the Agency shall be deemed a competent cadastral authority under the same Act until the names and jurisdictions of local governments under Article 4 of the Local Autonomy Act are determined, after this Act enters into force. <Amended by Act No. 12738, Jun. 3, 2014; Act No. 13483, Aug. 11, 2015>
| Article 52 (Special Cases concerning Period for Public Notification of Designation of Areas and Districts) |
| Article 52-2 (Special Cases concerning Creation and Management of Industrial Complexes) |
| (2) | At a request from the Administrator of the Agency, the Minister of Land, Infrastructure and Transport may convert an industrial complex within the Saemangeum Project Area into a national industrial complex by modifying functions of all or part of the industrial complex so as to vitalize the industrial complex. In such cases, Article 13-2 (3) through (5) of the Industrial Sites and Development Act shall apply mutatis mutandis to the procedures for conversion, etc. <Newly Inserted by Act No. 16141, Dec. 31, 2018> |
[This Article Newly Inserted by Act No. 14341, Dec. 2, 2016]
| Article 53 (Preferential Treatment to Local Enterprises) |
Where a project implementer intends to conclude a contract for construction, items, services, etc. prescribed by Presidential Decree, such implementer may accord preferential treatment to a person who has a main business office in Jeollabuk-do, as prescribed by Presidential Decree.
CHAPTER VII CREATION OF FARMLAND AND MANAGEMENT OF AGRICULTURAL INFRASTRUCTURE
| Article 54 (Special Cases concerning Creation of Land for Agriculture) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may directly implement projects and duties prescribed in Articles 8, 9, 11, 12, 17, 20 through 23, 27, and 28 regarding land for agriculture and the land uses prescribed by Presidential Decree from among land uses. In such cases, the implementation shall conform to a Master Plan under Article 6. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The zones of farmland, etc. in which the Minister of Agriculture, Food and Rural Affairs can directly implement projects pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 55 (Obligations to Maintain and Manage Agricultural Infrastructure) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall manage management facilities, such as agricultural infrastructure, seawalls and Saemangeumho Lake (hereinafter referred to as "agricultural infrastructure"), with due care. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | To manage agricultural infrastructure in the Saemangeum Project Area with due care, the Minister of Agriculture, Food and Rural Affairs may designate public institutions prescribed by Presidential Decree, such as the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter referred to as the "Korea Rural Community Corporation"), etc., as a manager of agricultural infrastructure. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Public institutions designated as a manager of agricultural infrastructure, etc. pursuant to paragraph (2), such as the Korea Rural Community Corporation, etc., may take the following measures if deemed necessary for the protection and management of agricultural infrastructure, etc.: |
| 1. | Restricting or prohibiting persons, other than a person managing the agricultural infrastructure, etc., from entering the place; |
| 2. | Prohibiting the use of explosives, harmful substances, etc. for any purpose other than the purpose for the Saemangeum Project; |
| 3. | Other acts prescribed by Presidential Decree for the attainment of the purpose of maintenance and management of agricultural infrastructure, etc. |
| Article 56 (Finances for Maintenance and Management of Agricultural Infrastructure) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may secure finances to be used for the maintenance and management of agricultural infrastructure, etc. of the Saemangeum Project Area, from the following revenues: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Rents of land, buildings, etc. in the Saemangeum Project Area managed by the Minister of Agriculture, Food and Rural Affairs; |
| 2. | Revenues from profit-making business under Article 57; |
| 3. | Other revenues prescribed by Presidential Decree. |
| (2) | Where expenses incurred in relation to maintenance and management are not met with revenues under paragraph (1), the State may partially subsidize such maintenance and management within budgetary limits. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may entrust public institutions prescribed by Presidential Decree, such as the Korea Rural Community Corporation, with matters regarding the operation and management of finances for the maintenance and management of agricultural infrastructure, etc., as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 57 (Profit-Making Business to Finance Maintenance and Management) |
| (1) | To finance the maintenance and management of agricultural infrastructure, etc., the Minister of Agriculture, Food and Rural Affairs may conduct profit-making business using seawalls and surrounding sites, land for agriculture in the Saemangeum Project Area, and part of the Saemangeumho Lake. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | When the Minister of Agriculture, Food and Rural Affairs conducts profit-making business under paragraph (1), he or she shall have a prior consultation with the Administrator of the Agency. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| (3) | The subject-matter and procedures of consultation under paragraph (2) shall be prescribed by Presidential Decree. |
CHAPTER VIII IMPROVEMENT OF INVESTMENT CIRCUMSTANCES FOR FOREIGNERS AND FOREIGN-CAPITAL INVESTED COMPANIES
| Article 58 (Taxation and Financial Support) |
| (1) | The State or local governments may reduce or exempt national taxes, customs duties, and local taxes imposed on foreign-capital invested companies relocating into the Saemangeum Project Area (hereinafter referred to as "relocating foreign-capital invested companies"), as prescribed by the Restriction of Special Taxation Act, the Customs Act, and the Restriction of Special Local Taxation Act. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | To attract foreign-capital invested companies, the State or local governments may provide funds to foreign-capital invested companies. In such cases, Article 45-2 (1) shall apply mutatis mutandis to matters necessary for the eligibility for, amounts, procedures, etc. of, such subsidization. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | To attract relocating foreign-capital invested companies, the State or local governments may purchase land for use permission, etc. or construct a building for use permission, etc. <Amended by Act No. 13483, Aug. 11, 2015> |
| (4) | Notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, other statutes and regulations, where State or public property is leased to enterprises relocated to the Saemangeum Project Area, the State and a local government may reduce or exempt use fees or rents for such State or public property, as prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015; Act No. 16141, Dec. 31, 2018> |
| (5) | Notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, and other statutes or regulations, the State and a local government may allow enterprises relocated to the Saemangeum Project Area to use or profit from the State or public property owned by the State or local government, or may lease or sell it to them, through a negotiated contract. <Amended by Act No. 16141, Dec. 31, 2018> |
| Article 58-2 (Exclusion from Application of Other Statutes to Relocating Foreign-Capital Invested Companies) |
| (1) | The following provisions shall not apply to relocating foreign-capital invested companies (limited to foreign-capital invested companies relocating into the land prescribed by Presidential Decree, such as land for industry and research, and tourism and leisure; hereafter in this Article the same shall apply). Where a foreign-capital invested company employs persons eligible for employment support, etc. under the following statutes, the Governor of Jeollabuk-do may provide employment subsidies within budgetary limits as prescribed by Provincial Ordinance: |
| 3. | Article 33-2 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State; |
| 6. | Article 21 (2) of the Act on Honorable Treatment of Persons of Distinguished Service during Special Military Missions and Establishment of Related Organizations. |
| (3) | Notwithstanding Articles 5 and 6 of the Act on the Protection of Temporary Agency Workers, the Minister of Employment and Labor may expand the scope of work permitted for temporary placement of workers or extend the period for temporary employment of workers, limited to the specialized categories of business that have undergone deliberation and resolution by the Saemangeum Committee. <Amended by Act No. 16413, Apr. 30, 2019> |
[This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 58-3 (Maintenance of Industrial Peace) |
The employers and employees of relocating foreign-capital invested companies shall endeavor to maintain industrial peace by strictly observing the procedures regarding labor disputes prescribed in the related statutes.
[This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 59 (Supply of Housing to Foreigners) |
Where a business entity defined in subparagraph 10 of Article 2 of the Housing Act builds and supplies privately-built houses in the Saemangeum Project Area, foreigners prescribed by Presidential Decree who do not have ownership of any house (including overseas Koreans under subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans) may be granted special supply within 10/100 of the construction volume: Provided, That where approval is obtained from the Governor of Jeollabuk-do, special supply may be made in excess of 10/100. <Amended by Act No. 13805, Jan. 19, 2016>
| Article 60 (Provision of Foreign Language Services) |
| (1) | The State and local governments shall render foreign-language services, such as publishing, receiving, handling, etc. official documents in foreign languages to enhance convenience for relocating foreign-capital invested companies and foreigners in the Saemangeum Project Area. |
| (2) | The scope and method of providing services under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 61 (Establishment and Operation of Foreign Educational Institutions) |
| (1) | Notwithstanding Article 3 of the Private School Act, foreign educational foundations may establish foreign educational institutions in the Saemangeum Project Area, after obtaining approval from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Education intends to approve foreign educational institutions pursuant to paragraph (1), the Saemangeum Committee shall deliberate on the case. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a Korean national desires to enroll in a foreign educational institution located in the Saemangeum Project Area, the State shall not restrict him or her on the ground of foreign residency requirements, etc. |
| (5) | The State or local governments may subsidize the purchase of a site, construction of facilities, or operation of a school, or provide a site to a foreign educational institution to be established in the Saemangeum Project Area. |
| (6) | In cases of a school located in the Saemangeum Project Area, which is a high school (hereinafter referred to as "international high school") with the aim of nurturing internationalized professionals with education in international relations, specific regions of foreign countries, etc., foreign teachers may be appointed as necessary for the operation of educational courses by determining the terms of an agreement, such as qualifications for appointment, wages, work conditions, past accomplishments, accomplishments, etc., as prescribed by Presidential Decree, notwithstanding Article 21 of the Elementary and Secondary Education Act, Articles 6 and 32 (1) of the Educational Officials Act, and Articles 52, 54-4 (1), and (3) of the Private School Act. |
| Article 62 (Opening of Foreign Medical Institutions or Foreigner-Only Pharmacies) |
| (1) | Notwithstanding Article 33 (2) of the Medical Service Act, a foreigner or a corporation established under the Commercial Act by a foreigner for the purpose of medical business, meeting all the following requirements, may open a foreign medical institution in the Saemangeum Project Area, with permission from the Minister of Health and Welfare. In such cases, the types of foreign medical institution shall be hospital, dental hospital, intermediate care hospital, or general hospital defined in Article 3 of the Medical Service Act: <Amended by Act No. 13854, Jan. 27, 2016> |
| 1. | That it shall be located in the Saemangeum Project Area; |
| 3. | That it shall meet requirements prescribed by Presidential Decree, such as the scale of capital. |
| (2) | Where a foreigner makes registration with the Minister of Health and Welfare, he or she may establish a foreigner-only pharmacy in the Saemangeum Project Area. |
| (3) | Where the Minister of Health and Welfare grants permission to a foreign medical institution pursuant to paragraph (1), the Saemangeum Committee shall deliberate on such case. |
| (6) | A person with a foreign license for a physician, dentist, pharmacist, nurse, or medical technician may be engaged in a foreign medical institution or foreigner-only pharmacy established in the Saemangeum Project Area where he or she meets requirements determined by the Minister of Health and Welfare. In such cases, a person with a foreign license for a physician, dentist, pharmacist, nurse, or medical technician shall not deviate from the scope of work permitted for each kind under Article 2 of the Medical Service Act or Article 3 of the Medical Service Technologists Act. |
| (7) | A pharmacist associated with a foreigner-only pharmacy shall not prepare or sell medications to Korean nationals: Provided, That he or she may prepare or sell medications to a Korean national who is issued a prescription by a foreign medical institution. |
| (8) | A person who opens a foreigner-only pharmacy shall indicate a mark inside and outside of the facility so that Korean nationals may recognize that its medical services are exclusively for foreigners. |
| (9) | Matters regarding the establishment and operation of foreign medical institutions or foreigner-only pharmacies, in addition to those prescribed by this Act, shall be prescribed by the Medical Service Act, the Pharmaceutical Affairs Act, and separate statutes governing such matters. |
| Article 63 (Special Cases concerning Permission for Foreigner-Only Casino Business) |
| (1) | Where a person who seeks permission to engage in casino business in the Saemangeum Project Area, intends to make a foreign investment and meets all the following requirements, the Minister of Culture, Sports and Tourism may grant permission to engage in casino business (limited to foreigner-only casino business) under Article 3 (1) 5 of the Tourism Promotion Act, notwithstanding Article 21 (1) of the same Act: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | That the amount of foreign investment to be made in tourism business in the Saemangeum Project Area, shall be at least 500 million US dollars; |
| 3. | That the land use of the area is for tourism and leisure; |
| 4. | That requirements prescribed by Presidential Decree, such as the credibility of the investor, shall be met. |
| (2) | A person who seeks permission to engage in casino business under paragraph (1), shall apply for permission to the Minister of Culture, Sports and Tourism, along with documents prescribed by Presidential Decree, such as an investment plan. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | Matters necessary for permission to engage in casino business under paragraph (1), such as the place of business, timing to start business, etc. shall be prescribed by Presidential Decree. |
| (4) | A person who obtains permission to engage in casino business pursuant to paragraph (1), shall prepare facilities and equipment under Article 23 (1) of the Tourism Promotion Act by the time he or she commences business. |
| (5) | Where a person who obtains permission pursuant to paragraph (1) falls under any of following, the Minister of Culture, Sports and Tourism shall revoke such permission: <Amended by Act No. 13483, Aug. 11, 2015> |
| 1. | Where he or she fails to make investment (referring to the investment specified in the investment plan) under paragraph (1) 1; |
| (7) | Where a person entrusted with management under the former part of paragraph (6), is disqualified under Article 22 of the Tourism Promotion Act, the Minister of Culture, Sports and Tourism may order a person who has obtained permission under paragraph (1) to suspend all or part of the relevant entrusted affairs, determining a period not exceeding six months, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That this shall not apply where the grounds for disqualification are removed within three months from the time such grounds for disqualification apply. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
| (8) | The Minister of Culture, Sports and Tourism may conduct a preliminary examination for permission to engage in foreigner-only casino business, for a person who seeks permission to engage in casino business under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
| (9) | Except as provided for in this Act, permission, etc. for casino business shall be governed by the Tourism Promotion Act: Provided, That this shall not apply to matters prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| Article 64 (Retransmission of Foreign Broadcasts) |
Notwithstanding Article 78-2 (7) of the Broadcasting Act, a CATV broadcasting business entity whose broadcasting area covers the Saemangeum Project Area may create and operate the number of channels used to retransmit foreign broadcasts within the scope prescribed by Presidential Decree.
| Article 65 (Establishment of Foreigner-Only Childcare Centers) |
To effectively provide care for foreigners' children, the State, local governments, and social welfare organizations under Article 16 of the Social Welfare Services Act (hereinafter referred to as "social welfare organization") may establish and operate childcare centers exclusively for foreigners' children in the Saemangeum Project Area; and the State and local governments may support the social welfare organizations. In such cases, matters necessary for the establishment and operation of foreigner-only childcare centers shall be prescribed by Presidential Decree.
| Article 66 (Establishment of Foreign University Education Programs) |
| (1) | Foreign universities (referring to foreign educational institutions corresponding to universities, colleges, or junior colleges under subparagraphs 1 and 4 of Article 2 of the Higher Education Act; hereafter the same shall apply in this Article) may establish and operate foreign university education programs (referring to degree programs or non-degree programs established and operated by foreign universities; hereafter the same shall apply in this Article) in the schools under subparagraphs of Article 2 of the Higher Education Act. |
| Article 67 (Payment according to Ordinary Transactions) |
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 68 (Year-by-Year Fund-Raising Plans) |
Pursuant to Article 6 (2) 8, the Administrator of the Agency shall formulate and implement the year-by-year plans and detailed investment plans necessary for development projects by land use. <Amended by Act No. 13483, Aug. 11, 2015>
| Article 69 (Special Cases concerning Urban or Gun Plans) |
| (1) | In the Saemangeum Project Area, the Administrator of the Agency shall formulate or amend a basic urban or Gun plan and the Minister of Land, Infrastructure and Transport shall approve it, notwithstanding the provisions of the National Land Planning and Utilization Act. In such cases, “Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Do Governor, head of a Si, or head of a Gun” shall be construed as “the Administrator of the Agency” for the purposes of the same Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| (2) | In the Saemangeum Project Area, the Administrator of the Agency shall formulate and determine an urban or Gun management plan (excluding a plan for the designation or alteration of a special-purpose zone), notwithstanding the provisions of the National Land Planning and Utilization Act. In such cases, “Minister of Land, Infrastructure and Transport” shall be construed as “the Administrator of the Agency” for the purposes of the same Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| (3) | All or part of the matters stipulated by municipal ordinance of the relevant local government pursuant to the National Land Planning and Utilization Act, may be separately determined and publicly notified by the Administrator of the Agency, in consideration of the characteristics of the Saemangeum Project Area. In such cases, public notification by the Administrator of the Agency shall be deemed a municipal ordinance of the relevant local government. <Amended by Act No. 13483, Aug. 11, 2015> |
| (4) | In the Saemangeum Project Area, an urban planning committee of the Saemangeum Project Area shall be established under the jurisdiction of the Agency in lieu of a local urban planning committee under the National Land Planning and Utilization Act. In such cases, "Mayor/Do Governor, or head of a Si/Gun/Gu" shall be construed as “the Administrator of the Agency,” and "a City/Do or Si/Gun/Gu" shall be construed as "the Agency" respectively for the purposes of the same Act. <Amended by Act No. 13483, Aug. 11, 2015> |
| (5) | In the Saemangeum Project Area, the Administrator of the Agency shall designate an implementer of an urban or Gun planning facility project and approve an urban or Gun planning facility project implementation plan, notwithstanding the provisions of the National Land Planning and Utilization Act. In such cases, "the Minister of Land, Infrastructure and Transport" shall be construed as "the Administrator of the Agency" for the purposes of the same Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015> |
| (6) | Where necessary to promote the Saemangeum Project, the Administrator of the Agency may separately determine and publicly notify the building-to land ratio or floor area ratio within the Saemangeum Project Area by up to 150 percent, in compliance with standards prescribed by Presidential Decree, notwithstanding Article 77 or 78 of the National Land Planning and Utilization Act. In such cases, the public notification given by the Administrator of the Agency shall be deemed a municipal ordinance of the relevant local government in the Saemangeum Project Area. <Newly Inserted by Act No. 14341, Dec. 2, 2016> |
| Article 70 (Special Cases concerning Construction of Urban or Gun Planning Facilities) |
| (1) | In the Saemangeum Project Area, duties performed by a Mayor/Do Governor, a City/Do superintendent of education, and the head of a Si/Gun (including the duties regarding the areas over which the jurisdiction of local governments is not determined) shall be performed by the Administrator of the Agency according to the following. In such cases, “Mayor/Do Governor, City/Do superintendent of education, or head of a Si/Gun,” shall be construed as "the Administrator of the Agency," and “local government” shall be construed as “the Agency” respectively: <Amended by Act No. 12736, Jun. 3, 2014; Act No. 13483, Aug. 11, 2015; Act No. 15515, Mar. 20, 2018> |
| 2. | Duties regarding the removal of derelict ships, etc., permission to occupy and use public waters, collection of occupancy or use fees, and management of public waters, under Articles 6, 8 through 14, 17 through 21, 55, 57, and 58 of the Public Waters Management and Reclamation Act; |
| 7. | Duties regarding the approval of and reporting on plans for installation of urban gas supply facilities, reporting on installation of emergency supply facilities, submission of construction records, etc., supervision on construction works, temporary use of supply facilities, regular inspections and non-periodic inspections, orders to improve gas facilities, safety managers, reporting on and notification, etc. of violations, under Articles 11, 11-2, 14 through 17, 27, 29, 41, and 44-2 of the Urban Gas Business Act; |
| 8. | Duties regarding the formulation of and determination on plans for creation of urban parks, invalidation of determination on urban parks, establishment and management of urban parks, permission to occupy and use urban parks and the reinstatement thereof, restriction on activities in urban natural park areas, creation of greenbelts for specific causes, etc., under Articles 16, 16-2, 17, 19, 24, 25, 27, 37, and 38 of the Act on Urban Parks and Green Areas; |
| 13. | Duties regarding the confirmation and public notification of the standards for factory sites, approval for establishment, etc. of factories, consultation on the legal fiction of authorization, permission, etc., permission to construct factories and approval for use of factory buildings, approval for installation of manufacturing facilities, registration of factories, registration of factory buildings, consultation on establishment, etc. of factories, establishment of public service centers for the establishment of factories, and establishment, sale, etc. of knowledge industry centers, under Articles 9, 13, 13-2, 13-3, 13-5, 14, 14-2, 14-3, 15, 16, 16-2, 18, 19, 28-2, and 28-4 of the Industrial Cluster Development and Factory Establishment Act; |
| 14. | Duties regarding the permission for and reporting on conversion of mountainous districts, permission for and reporting on temporary use of mountainous districts, period for permission, etc. to convert mountainous districts, expenses incurred in creating forest replacement resources, approval for change of use, permission to collect earth or stone, reporting on collection of stone in stone collection complexes, prevention of disasters, reinstatement of converted mountainous districts, etc., and reinstatement, etc. of unlawfully converted mountainous districts, under Articles 14, 15, 15-2, 17, 19, 19-2, 21, 25, 27, 30, 37 through 40, 40-2, and 41 through 44 of the Mountainous Districts Management Act; |
| 18. | Duties regarding the reporting of acquisition and continuous possession of land by a foreigner, etc. under Articles 8 and 9 of the Act on Report on Real Estate Transactions; |
| 22. | Duties regarding the public notification of the current status of a marker of survey control point, the examination, retention, and perusal of results of cadastral surveys, the restoration and perusal of the cadastral record, the issuance of an attested copy thereof, the use, etc. of cadastral computerized data, the management and administration of comprehensive real estate records, the application for new registration of land, the registration conversion, partition, annexation, and change of land category, and the cancellation of registration, dimensional changes, the amendment of matters registered in the cadastral record, the allocation of a new parcel number following a reorganization of administrative area, the subrogation of application, the adjustment of landowners, the entrustment of registration, the notice of cadastral adjustments, etc., reporting and inspection, and fees, etc., under Articles 8 (4) and (5), 25, 27, 64, 66, 69, 74 through 76, 76-2 through 76-5, 77 through 85, 87 through 90, 99, and 106 of the Act on the Establishment and Management of Spatial Data; |
| 25. | Duties regarding the access to other persons’ land, compensation for damage, restriction on use, installation of hazard-prevention facilities, permission to occupy and use, bearing and apportionment of expenses, charges for burden-causing entities, etc., under Articles 8, 9, 22 through 24, 57, 58, and 61 of the Sewerage Act; |
| 26. | Duties regarding the designation, management, use, conservation, etc. of rivers under the River Act; |
| (2) | Matters that are prescribed by municipal ordinance of a local government may be separately determined and publicly notified by the Administrator of the Agency in performing duties pursuant to paragraph (1), in consideration of the characteristics of the Saemangeum Project Area. In such cases, public notification of the Administrator of the Agency shall be deemed a municipal ordinance of the relevant local government in the Saemangeum Project Area. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | When the Administrator of the Agency performs duties of a Mayor/Do Governor, a City/Do superintendent of education, or the head of a Si/Gun pursuant to paragraph (1), he or she shall inform the relevant Mayor/Do Governor, relevant City/Do superintendent of education, or the head of the relevant Si/Gun, of the details of such duties. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
| (4) | Notwithstanding the provisions of relevant statutes and regulations, committees necessary to perform the duties specified in subparagraphs of paragraph (1) (hereafter referred to as "related committees" in this paragraph) may be established in the Agency. In such cases, matters necessary for organizing and operating the related committees, matters subject to deliberation thereby, etc., shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
| Article 71 (Special Cases concerning the Building Act and the Framework Act on Building) |
| (1) | In applying the Building Act and the Framework Act on Building in the Saemangeum Project Area, duties performed by the relevant Mayor/Do Governor or head of a Si/Gun/Gu shall be performed by the Administrator of the Agency pursuant to the same statutes. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | Where the Administrator of the Agency performs the duties of a Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to paragraph (1), he or she shall inform the relevant Mayor/Do Governor or head of a Si/Gun/Gu of the details thereof. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | Notwithstanding the provisions of the Building Act, duties performed by the Administrator of the Agency shall undergo inspection and deliberation by a building committee established in the Agency. <Amended by Act No. 13483, Aug. 11, 2015> |
| (4) | Matters necessary for the organization and operation of the building committee under paragraph (3) and matters to be deliberated, etc. thereby, shall be prescribed by Presidential Decree. |
| (5) | All or part of the matters prescribed by a municipal ordinance of the relevant local government pursuant to the Building Act and subordinate statutes and regulations and the Framework Act on Building and subordinate statutes and regulations may be separately determined and publicly notified by the Administrator of the Agency, in consideration of the characteristics of the Saemangeum Project. In such cases, public notification of the Administrator of the Agency shall be deemed a municipal ordinance of the relevant local government in the Saemangeum Project Area. <Amended by Act No. 13483, Aug. 11, 2015> |
| (6) | The Administrator of the Agency may separately determine, in accordance with the standards prescribed by Presidential Decree taking into account the characteristics of the Saemangeum Project, and publicly notify the matters prescribed to be determined by Presidential Decree under Articles 5 (1), 6, 8 and 12 (1), the proviso to Article 19 (3), Articles 19 (6) and 20 (2) 3, (3) and (4), the proviso to Article 42 (1), Articles 43 (1), 43 (2) and 59 (1) 2 and (2), the proviso to Article 60 (1), Articles 61 (1), 61 (2), 61 (3), Articles 61 (3) 8 and 69 (1) 1 (b) and 2 (b) and (c), subparagraphs 2 and 3 of Article 70, the latter part of Article 71 (1) 4, Article 71 (1) 7 and (5), the former part of Article 71 (7), and the former part of Article 72 (5) of the Building Act. <Newly Inserted by Act No. 14341, Dec. 2, 2016> |
| Article 72 (Special Cases concerning Housing Construction Projects) |
In applying Articles 15, 19, 43, 44, 46, 49, 54, 57, 59, 94, and 96 of the Housing Act in the Saemangeum Project Area, duties performed by the relevant Mayor/Do Governor or head of a Si/Gun/Gu shall be performed by the Administrator of the Agency. <Amended by Act No. 12959, Dec. 31, 2014; Act No. 13483, Aug. 11, 2015; Act No. 13805, Jan. 19, 2016>
| Article 73 (Special Cases concerning Private Investment Projects) |
Notwithstanding subparagraph 4 of Article 2 of the Act on Public-Private Partnerships in Infrastructure, the Administrator of the Agency shall be deemed the head of an administrative agency in charge of the duties of a relevant infrastructure project under related statutes and regulations regarding the promotion of the Saemangeum Project. <Amended by Act No. 13483, Aug. 11, 2015>
| Article 73-2 (Special Cases concerning Inspections on Sites of Construction Works) |
With respect to construction works implemented in the Saemangeum Project Area and inter-regional infrastructure installation projects referred to in Article 7, the Administrator of the Agency shall conduct inspections on the sites of construction works, etc., notwithstanding Article 54 of the Construction Technology Promotion Act, In such cases, “the Minister of Land, Infrastructure and Transport, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun or Gu (referring to an autonomous Gu)” shall be construed as “the Administrator of the Agency”. [This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 73-3 (Legal Fiction of Public Officials in Application of Penalty Provisions) |
A member of the Saemangeum Committee referred to in Article 33, who is not a public official, shall be deemed a public official with regard to acts done for his or her duties, in the application of penalty provisions pursuant to Articles 129 through 132 of the Criminal Act. [This Article Newly Inserted by Act No. 13483, Aug. 11, 2015]
| Article 74 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Administrator of the Agency may be partially delegated to the Governor of Jeollabuk-do, as prescribed by Presidential Decree. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | The authority of the Governor of Jeollabuk-do bestowed under this Act may be partially delegated to the heads of Sis/Guns, as prescribed by Presidential Decree; and the Governor of Jeollabuk-do may re-delegate the authority delegated pursuant to paragraph (1) to the heads of Sis/Guns, after obtaining approval from the Administrator of the Agency. <Amended by Act No. 13483, Aug. 11, 2015> |
| (3) | The authority of the Minister of Agriculture, Food and Rural Affairs and of the Administrator of the Agency bestowed under this Act may be partially entrusted to the Korea Rural Community Corporation and the Saemangeum Development Corporation, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015; Act No. 15515, Mar. 20, 2018> |
| (4) | The authority of the Minister of Environment or of the Administrator of the Agency bestowed under this Act may be partially delegated to the heads of affiliated institutions or entrusted to the Korea Environment Corporation under the Korea Environment Corporation Act. <Amended by Act No. 12019, Aug. 6, 2013; Act No. 13483, Aug. 11, 2015> |
CHAPTER X PENALTY PROVISIONS
| Article 75 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: |
| 1. | A person who deviates from the scope of work permitted for each kind of medical personnel, in violation of Article 62 (6); |
| 2. | A person who prepares or sells medications to a Korean national not issued a prescription from a foreign medical institution, in violation of Article 62 (7). |
| (2) | A person who violates Article 36-20 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. In such cases, imprisonment with labor and a fine may be imposed concurrently. <Newly Inserted by Act No. 15515, Mar. 20, 2018> |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | A person who constructs buildings, etc. without obtaining permission or permission for alteration under Article 13 (1), or who obtains permission or permission for alteration by wrongful means; |
| 2. | A person who fails to undergo a construction completion inspection under Article 20 (1) or uses land or a building without obtaining permission for use before completion of construction under paragraph (4) of the same Article; |
| 3. | A person who supplies undeveloped land without obtaining approval of a supply plan for undeveloped land pursuant to Article 22 (1) or obtains approval of the supply plan by wrongful means; |
| 4. | A person who obtains approval of a foreign educational institution by fraud or other wrongful means, in violation of Article 61 (1); |
| 5. | A person who recruits students without obtaining approval from the Minister of Education, in violation of Article 61 (1), or operates an institution as an actual school using the name of a school. |
| (4) | A person who violates Article 36-16 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Newly Inserted by Act No. 15515, Mar. 20, 2018> |
| (5) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14341, Dec. 2, 2016> |
| 1. | A person who violates a disposition or order issued under Article 27 (1); |
| 2. | A person who fails to report or submit data under Article 28 (1), or makes a false report or submits false data; |
| 3. | A person who fails to attach a mark of a foreigner-only pharmacy in violation of Article 62 (8). |
| Article 76 (Joint Penalty Provisions) |
Where the representative of a corporation or the agent, employee, or servant of a corporation or individual commits a violation under Article 75 regarding the duties of the corporation or individual, not only shall the corporation or individual be punished by a fine under the relevant provisions, but further punishment of the violator: Provided, That this shall not apply where the corporation or individual has not been negligent in exercising due care and supervision regarding the relevant duties to prevent such violation.
| Article 77 (Administrative Fines) |
| (1) | Any person who organizes and operates the area and number of channels for retransmitting foreign broadcasts, in violation of Article 64, shall be subject to an administrative fine not exceeding 20 million won. |
| (2) | Any person who refuses or obstructs an inspection under Article 28 (1) shall be subject to an administrative fine not exceeding 10 million won. |
| (3) | Any person who uses the name "Saemangeum Development Corporation" or similar, in violation of Article 36-15, shall be subject to an administrative fine not exceeding five million won. <Newly Inserted by Act No. 15515, Mar. 20, 2018> |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Administrator of the Agency, as prescribed by Presidential Decree. In such cases, administrative fines under paragraph (1) may be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13483, Aug. 11, 2015; Act No. 14839, Jul. 26, 2017; Act No. 15515, Mar. 20, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Article 2 (Special Cases concerning Adjustment of Names and Jurisdictions of Local Governments)
Until the name and jurisdiction of a local government with jurisdiction over the Saemangeum Project Area are determined pursuant to Article 4 of the Local Autonomy Act, the authority of authorization, permission, etc. under Article 17 shall be exercised by the Administrator of the Agency as proxy. Article 3 (Special Cases concerning Free Economic Zones)
Article 4 (General Transitional Measures)
The former permission, disposition, delegation, entrustment, other acts, acts in relation to administrative agencies, etc. under the previous Special Act on Promotion of the Saemangeum Project as at the time this Act enters into force shall be deemed acts of administrative agencies, acts toward administrative agencies, etc. under the corresponding provisions of this Act. Article 5 (Transitional Measures concerning Saemangeum Comprehensive Development Plans)
Article 6 (Transitional Measures concerning Licenses for Reclaiming Public Waters)
With regard to land for agriculture, and environmental and ecological land in the Saemangeum Project Area, for which a license to reclaim public waters is obtained before this Act enters into force, a license to reclaim public waters under Article 28 of the Public Waters Management and Reclamation Act shall be deemed obtained. Article 7 (Transitional Measures concerning Transfer of Rights to Reclaim Public Waters)
Article 8 (Transitional Measures concerning Designation of Project Implementers and Approval of Development Plans and Development Implementation Plans)
| (1) | For a project to develop land for agriculture, land for tourism, etc., where the project implementer is designated, the development plan by land use is approved, and the development implementation plan by land use is approved pursuant to the previous Special Act on Promotion of the Saemangeum Project as at the time this Act enters into force, it shall be deemed that the project implementer is designated pursuant to Article 8, the development plan is approved pursuant to Article 9, the implementation plan is approved pursuant to Article 11, etc. <Amended by Act No. 13483, Aug. 11, 2015> |
| (2) | Where the designation of a free economic zone located in the area defined in subparagraph 1 of Article 2 or the area prescribed by Presidential Decree as of September 12, 2013 is revoked, permission, designation, approval, amendment, etc. granted by the administrative bodies of the free economic zone or the Governor of Jeollabuk-do under the Special Act on Designation and Management of Free Economic Zones shall be deemed permission, designation, approval, amendment, etc. granted by the Administrator of the Agency pursuant to Article 35 of this Act. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
| (3) | For the designation of a free economic zone is revoked under paragraph (2), development plans and implementation plans formulated pursuant to Articles 6 and 9 of the Special Act on Designation and Management of Free Economic Zones for economic free zones shall be deemed the development plans and implementation plans referred to in Articles 9 and 11 of this Act. <Newly Inserted by Act No. 13483, Aug. 11, 2015> |
Article 9 (Transitional Measures concerning Duties Performed by Central Administrative Agencies by Land Use)
Duties, such as the formulation of plans, etc., performed by the head of a central administrative agency, by land use, pursuant to the previous Special Act on Promotion of the Saemangeum Project as at the time this Act enters into force shall be deemed performed by the Administrator of the Agency. Article 10 (Transitional Measures concerning Penalty Provisions)
Penalties for acts committed before this Act enters into force shall be governed by the previous provisions.
Article 11 (Transitional Measures concerning Budgets)
| (2) | Notwithstanding paragraph (1), the Minister of Economy and Finance may implement the budget according to previous examples without transferring the relevant budget to the related accounting, etc. |
Article 12 (Relationship with Other Statutes and Regulations)
Where the previous Special Act on Promotion of the Saemangeum Project or provisions thereof are cited by other statutes or regulations as at the time this Act enters into force and this Act contains corresponding provisions, such corresponding provisions of this Act shall be deemed cited in lieu of the previous provisions.
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. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 11965, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 12019, Aug. 6, 2013>
This Act shall enter into force on September 12, 2013.
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. 12644, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Term of Validity)
The amended provisions of Article 32 (4) shall remain effective until December 31, 2019 from the date this Act enters into force. <Amended by Act No. 14341, Dec. 2, 2016>
ADDENDA <Act No. 12736, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12737, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 10 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 and 3 Omitted.
ADDENDA <Act No. 12959, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13483, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Approval of Amendment of Development Plans and Implementation Plans)
Notwithstanding the amended provisions of Articles 9 (2) and 11 (3), the previous provisions shall prevail, where a request for approval of the amendment of development plans or implementation plans is filed before this Act enters into force. Article 3 (Transitional Measures concerning Restrictions on Acts)
In the Saemangeum Project Area, over which the jurisdiction of a local government has been finalized with regard to the construction, etc. of buildings before this Act enters into force, permission, etc. granted by the relevant head of a Si/Gun shall be deemed permission, etc. granted by the Administrator of the Agency.
Article 4 (Transitional Measures concerning Special Cases concerning Duties regarding Permission to Produce High-Pressure Gas and Permission to Occupy and Use Public Waters)
Duties performed by the relevant Mayor/Do Governor, City/Do superintendent of education, or head of a Si/Gun regarding permission to produce high-pressure gas and permission to occupy and use, etc. of public waters, before this Act enters into force, shall be deemed performed by the Administrator of the Agency under the amended provisions of Article 70 (1).
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 13854, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14341, Dec. 2, 2016>
Article 1 (Enforcement Date)
Article 2 (Transitional Measures concerning Management of Industrial Complexes)
Activities done by or toward a Mayor/Do Governor in connection with the management of industrial complexes within the Saemangeum Project Area in accordance with the Industrial Cluster Development and Factory Establishment Act before this Act enters into force shall be deemed done by or toward the Administrator of the Agency under the amended provisons of Article 52-25.
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 the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
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, the amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15515, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 70 shall enter into force on the date of its promulgation. Article 2 (Establishment Committee)
| (1) | The committee for the establishment of the Saemangeum Development Corporation (hereinafter referred to as the "Establishment Committee") shall be established in order to handle administrative work, etc. regarding the establishment of, and the investment in, the Corporation. |
| (2) | The Establishment Committee shall be comprised of up to 10 incorporators, including one chairperson. |
| (3) | Incorporators shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport, and the Vice Minister of Land, Infrastructure and Transport shall serve as the chairperson of the Establishment Committee. |
| (4) | The Establishment Committee shall prepare the Corporation's Articles of Incorporation and shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport. |
| (5) | Upon receiving authorization under paragraph (4), the Establishment Committee shall file for registering the establishment of the Corporation. |
| (6) | Upon completing the registration of establishment under paragraph (5), the Establishment Committee shall transfer its administrative work and property to the President of the Corporation. |
| (7) | Incorporators shall be deemed to be removed or dismissed at the time the transfer of administrative work and property is completed under paragraph (6). |
Article 3 Omitted.
ADDENDA <Act No. 15607, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 16141, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Reduction of or Exemption from Use Fees or Rents)
The amended provisions of Article 58 (4) shall begin to apply from the first use permission granted, and the first rental agreements made, after this Act enters into force, but such amended provisions shall begin to apply to use fees and rents charged and notified for the following year where a previously granted use permission or a previously made rental agreement remains effective as at the time this Act enters into force.
ADDENDA <Act No. 16413, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.