CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to a balanced regional development and sustainable national land development by systematically conserving and managing the natural environment of dams and their environs, such as their water quality and ecosystem, and by boosting the economy of dam environs.
The terms used in this Act are defined as follows:
| 2. | The term "dam management agency" means a person entrusted with managing a dam under Article 15 of the Act on Construction of Dams and Assistance to Their Environs; |
| 3. | The term "dam environs" means an area prescribed by Presidential Decree, among the environs of a dam subject to the Act on Construction of Dams and Assistance to Their Environs or the Act on Assistance to Electric Power Plants-Neighboring Areas (including the area economically and environmentally affected by the construction, operation, maintenance, etc. of a dam); |
| 4. | The term "plan for an environment-friendly use of a dam and its environs" means a plan formulated and finalized pursuant to Article 4 in order to conserve and manage the natural environment of a dam and its environs and to boost the economy of the dam environs; |
| 5. | The term "zone for an environment-friendly use of a dam and its environs" means an area designated and publicly notified under Article 7 to implement projects reflected in a plan for an environment-friendly use of a dam and its environs; |
| 6. | The term "project for an environment-friendly use of a dam and its environs" means any of the following projects implemented to conserve and manage the natural environment of a dam and its environs and to boost the economy of the dam environs with the aim of sustainable development: |
| (a) | Projects for enhancing the utility of a dam under subparagraph 2 of Article 18-2 of the Act on Construction of Dams and Assistance to Their Environs, projects for improving dam environs under Article 41 of the same Act, and projects for supporting dam environs under Article 43 of the same Act; |
| (f) | Assistance in the production, distribution, and export of environment-friendly agricultural and fishery products, etc. under Article 16 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods. |
| Article 3 (Relationship to Other Statutes) |
The special exceptions to the regulation under this Act, applicable to projects for an environment-friendly use of a dam and its environs (hereinafter referred to as "project for an environment-friendly use of a dam"), shall take precedence over other statutes: Provided, That if any statute has provisions more lenient than the special exceptions to the regulation under this Act, the more lenient provisions of such statute shall apply.
CHAPTER II FORMULATION OF PLANS FOR ENVIRONMENT-FRIENDLY USE OF DAMS AND THEIR ENVIRONS
| Article 4 (Formulation of Plans for Environment-Friendly Use of Dams and Their Environs) |
| (1) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") or the head a Si/Gun or an autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu"), in relation to a dam environs, or a dam management agency intends to implement a project pursuant to this Act, he or she shall formulate a plan for an environment-friendly use of a dam and its environs (hereinafter referred to as "plan for an environment-friendly use of a dam") as the implementer of a project for an environment-friendly use of a dam and its environs (hereinafter referred to as "project implementer") and shall obtain approval thereof from the Minister of Land, Infrastructure and Transport. |
| (2) | The standards for an area subject to a plan for an environment-friendly use of a dam and for the size of such area shall be prescribed by Presidential Decree: Provided, That the water-source protection areas under Article 7 of the Water Supply and Waterworks Installation Act shall be excluded from the areas subject to a project for an environment-friendly use of a dam; and the inclusion of a special measures area designated under Article 38 of the Framework Act on Environmental Policy in the area subject to a project for an environment-friendly use of a dam requires prior consultation with the Minister of Environment. |
| (3) | A plan for an environment-friendly use of a dam shall include: |
| 1. | The name of the project for an environment-friendly use of a dam; |
| 2. | The area subject to the project for an environment-friendly use of a dam and its location and size; |
| 3. | Basic direction-setting and overview of the project for an environment-friendly use of a dam; |
| 4. | The name and address of the project implementer; |
| 6. | A plan for environmental conservation; |
| 7. | A plan for landscaping and disaster prevention; |
| 8. | A plan to conserve and improve water quality; |
| 9. | A plan to secure required land and dispose of developed land; |
| 10. | A land use plan, a traffic plan, and a plan for parks and green areas; |
| 11. | A funding plan and an annual investment plan; |
| 12. | Estimated profit and a plan to raise maintenance and management funds; |
| 13. | Other matters specified by Presidential Decree to attain the purpose of this Act. |
| (4) | The Minister of Land, Infrastructure and Transport may establish guidelines or standards, in consultation with the heads of relevant administrative agencies, when he or she deems it necessary for formulating a plan for an environment-friendly use of a dam. |
| Article 5 (Approval of Plans for Environment-Friendly Use of Dams) |
| (1) | In order to approve a plan for an environment-friendly use of a dam under Article 4, the Minister of Land, Infrastructure and Transport shall seek residents' opinions and then consult with the heads of relevant central administrative agencies and with the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree; and if a plan for an environment-friendly use of a dam includes a development project for which a master plan for reclamation of public waters shall be formulated or amended pursuant to Article 22 or 27 of the Public Waters Management and Reclamation Act, the Minister of Land, Infrastructure and Transport shall request the Minister of Oceans and Fisheries to ensure that such plan is reflected in the master plan for reclamation of public waters pursuant to Article 23 or 27 of the same Act. |
| (2) | When the Minister of Land, Infrastructure and Transport has approved a plan for an environment-friendly use of a dam under paragraph (1), he or she shall request the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu to determine an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; and the Mayor/Do Governor or the head of the Si/Gun/Gu, in receipt of such request, shall determine the urban or Gun management plan after deliberation by the urban planning committee under Article 113 of the same Act within 60 days from the request, and shall notify the Minister of Land, Infrastructure and Transport of the results thereof. |
| (3) | When a plan for an environment-friendly use of a dam is approved under paragraph (1), the project implementer shall be deemed to be designated as an implementer or a project owner prescribed in the following: |
| 1. | The implementer of a project for enhancing the utility of a dam under subparagraph 2 of Article 18-2 of the Act on Construction of Dams and Assistance to Their Environs, a project for improving dam environs under Article 41 of the same Act, or a project for supporting dam environs under Article 43 of the same Act; |
| 5. | The implementer of a project for developing a tourist destination or tourism complex under the Tourism Promotion Act. |
| (4) | Matters necessary for the approval of a plan for an environment-friendly use of a dam under paragraph (1) and the standards, procedures, etc. for the approval shall be prescribed by Presidential Decree. |
| Article 6 (Amendment of Plans for Environment-Friendly Use of Dams) |
In amending a plan for an environment-friendly use of a dam, the project implementer shall comply with Articles 4 and 5: Provided, That the same shall not apply to any minor matters specified by Presidential Decree.
| Article 7 (Designation of Zones for Environment-Friendly Use of Dams and Their Environs) |
| (1) | Where the Minister of Land, Infrastructure and Transport has approved a plan for an environment-friendly use of a dam or an amendment to such plan under Article 5 or 6, he or she shall designate a zone for environment-friendly use of a dam and its environs (hereinafter referred to as "zone for an environment-friendly use of a dam") or amend the designation of such zone. |
| (2) | Where a zone for an environment-friendly use of a dam designated under paragraph (1) falls under any of the following, the Minister of Land, Infrastructure and Transport may cancel the designation of such zone: Provided, That the designation must be canceled in cases of subparagraph 3: |
| 1. | Where a project implementer fails to apply for approval of an implementation plan under Article 9 within three years from the date a plan for an environment-friendly use of a dam is approved; |
| 2. | Where a project implementer fails to commence a project for an environment-friendly use of a dam within three years from the date an implementation plan under Article 10 (1) is approved; |
| 3. | Where the approval of a plan for an environment-friendly use of a dam is revoked. |
| (3) | When the Minister of Land, Infrastructure and Transport designates a zone for an environment-friendly use of a dam, amends the designation of such zone under paragraph (1), or cancels the designation of such zone under paragraph (2), he or she shall publish notice of the designation, amendment, or cancellation in the Official Gazette, as prescribed by Presidential Decree. In such cases, seeking public opinions, publicly notifying topographic drawings, and other similar activities shall be performed as prescribed in Article 8 of the Framework Act on the Regulation of Land Use. |
| Article 8 (Restrictions on Activities) |
| (1) | A person who intends to conduct any activity specified by Presidential Decree, such as constructing a building, installing a structure, altering the form and quality of land, extracting soil, rock, gravel, and sand, subdividing land, storing things, capturing or culturing aquatic flora and fauna, and cultivating plants, in a zone for an environment-friendly use of a dam publicly notified under Article 7, shall obtain permission from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. The same shall also apply to changing any permitted matters. |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to permit any activity or change of permitted matters under paragraph (1), he or she shall seek opinions in advance from the Minister of Land, Infrastructure and Transport when the relevant activity falls under any such activities that are likely to cause a serious hindrance to a project for an environment-friendly use of a dam as prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (1), no permission is required for: |
| 1. | Activities for an emergency measure necessary for restoration or recovery from a disaster; |
| 2. | Other activities specified by Presidential Decree. |
| (4) | A person who already commenced construction works or a project, in relation to an activity required to be permitted under paragraph (1) for which permission is already granted under relevant statutes or regulations as at the time the relevant zone for an environment-friendly use of a dam is designated and publicly notified or in relation to an activity not requiring permission, may continue to implement such works or project after filing a report to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. |
| (5) | A Mayor/Do Governor or the head of a Si/Gun/Gu may order a person who violates paragraph (1) to restore the affected area to its original state. If the person so ordered fails to fulfill his or her obligation, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu may vicariously execute works pursuant to the Administrative Vicarious Execution Act. |
CHAPTER III IMPLEMENTATION PLANS FOR PROJECTS FOR ENVIRONMENT-FRIENDLY USE OF DAMS
| Article 9 (Formulation of Implementation Plans and Application for Approval) |
| (1) | When a project implementer intends to implement a project for an environment-friendly use of a dam, he or she shall formulate an implementation plan for the project for an environment-friendly use of a dam (hereinafter referred to as "implementation plan") and shall apply for approval thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | An implementation plan shall be prepared by reflecting the content of the relevant plan for an environment-friendly use of the dam under Article 4 (3) (including amendments to such plan, if any) therein and shall be accompanied by the documents specified by Presidential Decree. |
| Article 10 (Approval of Implementation Plans) |
| (1) | Upon receiving an application for approval of an implementation plan under Article 9, the Minister of Land, Infrastructure and Transport shall determine whether to approve the implementation plan and shall notify the project implementer of his or her determination. |
| (2) | When the Minister of Land, Infrastructure and Transport approves an implementation plan under paragraph (1), he or she shall publish notice thereof in the Official Gazette, as prescribed by Presidential Decree, and shall send copies of relevant documents to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. |
| (3) | In receipt of copies of relevant documents under paragraph (2) that include any matter relating to the determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall take measures necessary for, among other purposes, publicly notifying topographic drawings under Article 32 of the same Act. In such cases, the project implementer shall send documents necessary for publicly notifying topographic drawings and other purposes to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. |
| Article 11 (Amendment of Implementation Plans) |
In amending an implementation plan, a project implementer shall comply with Articles 9 and 10: Provided, That the same shall not apply to any minor matters specified by Presidential Decree.
| Article 12 (Environmental Impact Assessments) |
If a plan subject to a strategic environmental impact assessment, an environmental impact assessment, or a mini environmental impact assessment under the Environmental Impact Assessment Act (hereinafter referred to as "environmental impact assessment") is included in a plan or implementation plan for an environment-friendly use of a dam, consultations shall be held regarding, among other things, the environmental impact assessment under the Environmental Impact Assessment Act.
| Article 13 (Entry onto Others' Land) |
| (1) | If necessary to conduct an inspection or a land survey for preparing an implementation plan, etc. or to implement a project for an environment-friendly use of a dam, a project implementer may enter the land owned or possessed by another person or may temporarily use such land as a storage yard for materials or as a temporary passage or road; and may alter or remove trees, earth, stone, or other obstacles where especially necessary. In such cases, the owner or possessor of the land shall not interfere with or refuse such activities, without good cause. |
| (2) | When a project implementer intends to enter another's land under paragraph (1), he or she shall give prior notice thereof to the owner or possessor of the land; and when he or she intends to temporarily use the land or to alter or remove obstacles, he or she shall obtain consent of the owner or possessor of the land: Provided, That if the project implementer is unable to obtain consent on account of the absence or unknown whereabouts of the owner or possessor of the land, etc., the project implementer who is an administrative agency shall notify the head of the relevant Si/Gun/Gu of such fact; whereas a project implementer who is not an administrative agency shall obtain permission from the relevant Si/Gun/Gu before entering the land. |
| (3) | No person may enter any housing site or another's walled land without consent of the owner or possessor of the land before sunrise or after sunset. |
| (4) | Any person who intends to enter another's land under paragraph (1) shall carry a certificate indicating his or her authority and shall produce it to interested persons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | When a project implementer obtains approval of an implementation plan under Article 10, he or she may enter or temporarily use public waters on which it is planned to implement a project for an environment-friendly use of a dam. In such cases, the project implementer shall obtain consent of a person who has a right to the public waters, under the Fisheries Act or other relevant statutes; and the person who has such right shall neither interfere with, nor refuse the project implementer's entry onto or temporary use of the public waters, without good cause. |
| Article 14 (Compensation for Loss from Entry onto Land) |
| (1) | If any person has sustained a loss due to an activity conducted under Article 13, the project implementer shall compensate the person for such loss. |
| (2) | The compensation for a loss under paragraph (1) shall be settled by an agreement between the project implementer and the person who has sustained the loss. |
| (3) | If a project implementer and a person who has sustained a loss fail to, or are unable to, reach an agreement under paragraph (2), either of them may file a petition for adjudication with the competent land tribunal regarding the land, things, etc. In such cases, a petition for adjudication may be filed during the period of implementation of the relevant project for an environment-friendly use of a dam, notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| Article 15 (Relevant Authorization and Permission Deemed Granted) |
| (1) | Where the Minister of Land, Infrastructure and Transport approves an implementation plan or an amendment to such plan under Article 10 or 11; permission, authorization, determination, licensing, consultation, consent, approval, reporting, or cancellation under the following Acts regarding the implementation plan (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, made, or obtained regarding the matters on which the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies pursuant to paragraph (3); and when an implementation plan is publicly notified pursuant to Article 10 (2), the public notice or public announcement of such authorization, permission, etc. under the following Acts shall be deemed given or made: |
| 21. | Publication of maps, etc. by using the results, etc. of fundamental surveys under Article 15 of the Act on the Establishment and Management of Spatial Data; and reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the same Act; |
| (2) | When a project implementer who seeks to be deemed to obtain authorization, permission, etc. applies for approval of an implementation plan or of an amendment to such plan, he or she shall submit related documents prescribed in relevant statutes together with the application. |
| (3) | In approving an implementation plan or an amendment to such plan under Article 10 or 11, the Minister of Land, Infrastructure and Transport shall consult in advance with the heads of relevant administrative agencies if the plan includes a matter specified in any subparagraph of paragraph (1). |
| (4) | In receipt of a request for consultation from the Minister of Land, Infrastructure and Transport under paragraph (3), the heads of relevant administrative agencies shall present their opinions within 30 days from the date of receiving such request, in the absence of special circumstances. |
| Article 16 (Special Cases concerning the National Land Planning and Utilization Act) |
| (1) | Where a land suitability assessment under Article 27 (3) of the National Land Planning and Utilization Act is necessary in formulating a plan for an environment-friendly use of a dam, different indicators and standards may be applied to such assessment if additional conservation measures prescribed by Presidential Decree are established. |
| (2) | Notwithstanding Article 76 of the National Land Planning and Utilization Act, different restrictions on the construction of buildings, etc. in a control area may be established in formulating a plan for an environment-friendly use of a dam, as prescribed by Presidential Decree: Provided, That the special exception to restrictions on the construction of buildings, etc. shall be applicable only where a plan for an environment-friendly use of a dam includes a measure of installing facilities for reducing water contamination. |
| Article 17 (Completion Inspections) |
| (1) | When a project implementer completes all or part of a project for an environment-friendly use of a dam, he or she shall, without delay, undertake a completion inspection conducted by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. |
| (2) | When a project implementer successfully passes a completion inspection conducted under paragraph (1), he or she shall be deemed to pass the completion inspection or obtain the completion approval with respect the relevant project, following the authorization, permission, etc. referred to in the subparagraphs of Article 15 (1). In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the heads of relevant administrative agencies regarding such completion inspection. |
| (3) | If necessary to efficiently implement a project for an environment-friendly use of a dam, a project implementer may apply for a completion inspection by phase or by facility within the scope of the implementation plan. |
| Article 18 (Public Announcement of Completion of Construction Works) |
If it is found during a completion inspection under Article 17 (1) that a project for an environment-friendly use of a dam is completed in compliance with the implementation plan, the Minister of Land, Infrastructure and Transport shall publicly announce the completion of construction works; whereas if the completed project does not conform to the implementation plan, the Minister shall issue an order to take necessary measures, such as supplemental construction, without delay.
| Article 19 (Restrictions on Disposal of State-Owned or Public Land) |
| (1) | The land owned by the State or a local government, which is located in a zone for an environment-friendly use of a dam and needed for a project for an environment-friendly use of a dam, shall not be disposed of for any purpose other than as specified in the relevant implementation plan. |
| (2) | The land subject to restrictions on disposal under paragraph (1) shall be determined through prior consultation with the management authority in charge of the relevant State-owned or public land. |
CHAPTER IV ASSISTANCE IN PROJECTS FOR ENVIRONMENT-FRIENDLY USE OF DAMS
| Article 20 (Promotion of Projects for Environment-Friendly Use of Dams) |
The State shall ensure that projects for an environment-friendly use of dams achieve harmony and balance with projects for supporting residents or the like under the following Acts to enhance environmental management and conservation of dams and their environs and to boost the regional economy:
| 1. | The Act on Construction of Dams and Assistance to Their Environs; |
| 3. | The Act on Water Management and Resident Support in the Geum River Basin; |
| 4. | The Act on Water Management and Resident Support in the Nakdong River Basin; |
| 5. | The Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins; |
| 6. | The Act on the Improvement of Water Quality and Support for Residents of the Han River Basin. |
| Article 21 (Cost Sharing) |
| (1) | The costs incurred in implementing a project for an environment-friendly use of a dam shall be borne by the project implementer. |
| (2) | The State may fully or partially subsidize the cost incurred in installing the infrastructure used for implementing a project for an environment-friendly use of a dam, within budgetary limits, as prescribed by Presidential Decree. |
| (3) | The cost incurred in installing infrastructure for electricity, telecommunications, gas supply, and a district heating system shall be borne by the persons who provide electricity, telecommunications, gas supply, and heating services: Provided, That where electric arterial facilities are installed underground at the request of a project implementer or any other similar person, the installation costs shall be apportioned equally between the person who supplies electricity and the person who requests to install them underground. |
| (4) | The types of the infrastructure under paragraphs (2) and (3), other matters necessary for its installation, etc. shall be prescribed by Presidential Decree. |
| Article 22 (Exemption from Charges) |
If necessary to implement a project for an environment-friendly use of a dam, the State or a local government may exempt a project implementer from development charges, charges for the occupancy and use of a river, and rents, as provided in the Restitution of Development Gains Act and the River Act.
| Article 23 (Appropriation and Management of Maintenance and Management Funds) |
| (1) | A project implementer shall appropriate profits from a project for an environment-friendly use of a dam, for maintenance and management funds, as prescribed by Presidential Decree. |
| (2) | The maintenance and management funds raised under paragraph (1) shall be managed by the project implementer and may be used to cover the following costs: |
| 1. | The cost incurred in maintaining and managing the project for an environment-friendly use of a dam; |
| 2. | The cost incurred in protecting the dam from contamination and improving water quality; |
| 3. | Other costs necessary for the project for an environment-friendly use of a dam. |
| (3) | Matters necessary for, among other things, the standards for appropriating maintenance and management funds under paragraph (1) and the calculation of such funds shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Guidance and Supervision) |
| (1) | The Minister of Land, Infrastructure and Transport shall guide and supervise project implementers regarding matters relating to the performance of their business operations. |
| (2) | If deemed necessary for the guidance and supervision under paragraph (1), the Minister of Land, Infrastructure and Transport may require a project implementer to report his or her business operations or to submit relevant materials. |
| Article 25 (Administrative Dispositions) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission or approval under this Act; or may order a project implementer to suspend or alter construction works, to rebuild, alter, or relocate a building or an obstacle, etc., or to take other necessary actions or measures: Provided, That permission or approval must be revoked in cases of subparagraph 1: |
| 1. | Where a project implementer has obtained permission or approval under this Act by fraud or other improper means; |
| 2. | Where it is impossible to continue to implement a project for an environment-friendly use of a dam due to a natural disaster, the bankruptcy of the project implementer, or any other reason specified by Presidential Decree; |
| 3. | Where a project implementer implements a project without approval of an implementation plan or of an amendment to such plan; |
| 4. | Where a project implementer fails to apply for approval of an implementation plan within three years from the date a plan for an environment-friendly use of the dam is approved; |
| 5. | Where a project implementer fails to commence a project within three years from the date a plan for an environment-friendly use of the dam is approved. |
| (2) | Detailed guidelines for revoking permission or approval; suspending or altering construction works; rebuilding, altering, or relocating a building or an obstacle, etc.; and taking other necessary actions or measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, taking into account the types and gravity of, and the reasons for, violations, etc. |
| (3) | When the Minister of Land, Infrastructure and Transport issues an order or takes a disposition under paragraph (1), he or she shall publicly notify such order or disposition, as prescribed by Presidential Decree. |
Where the Minister of Land, Infrastructure and Transport intends to take an administrative disposition to revoke permission or approval in a case referred to in any subparagraph of Article 25 (1), he or she shall hold hearings in accordance with the Administrative Procedures Act.
| Article 27 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport may delegate part of his or her authority vested under this Act to the head of an agency affiliated with him or her, as prescribed by Presidential Decree.
CHAPTER VI PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
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:
| 1. | A person who obtains approval of a plan for an environment-friendly use of a dam under Article 5 by fraud or other improper means; |
| 2. | A person who conducts such an activity as the construction of a building in a zone for an environment-friendly use of a dam without permission, or who obtains permission by fraud or other improper means, in violation of Article 8 (1); |
| 3. | A person who obtains approval of an implementation plan under Article 10 (1) by fraud or other improper means; |
| 4. | A person who implements a project without approval of an implementation plan under Article 10 (1). |
| Article 29 (Penalty Provisions) |
Any person who fails to comply with an order to suspend or alter construction works, to rebuild, alter, or relocate a building or an obstacle, etc. or to take other necessary actions or measures under Article 25 (1) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
| Article 30 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Article 28 or 29 in performing any work for the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the same Article: Provided, That the same shall not apply where the corporation or individual has not neglected exercising due care and supervising over the work to prevent such violation.
| Article 31 (Administrative Fines) |
| (1) | Either of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who interferes with or refuses a project implementer's entry onto land, temporary use of land, or removal or alteration of obstacles, in violation of the latter part of Article 13 (1); |
| 2. | A person who interferes with or refuses a project implementer's entry onto public waters or temporary use of public waters, in violation of the latter part of Article 13 (5). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Validity Period)
This Act shall be valid and effective until December 31, 2027.
Article 3 (Transitional Measures concerning Projects in Progress at Expiration of Validity Period)
This Act shall apply to the projects for which an implementation plan is approved under Article 10 as at the time the validity period of this Act expires, until the time the completion of construction works is publicly announced under Article 18. Article 4 (Transitional Measures concerning Penalty Provisions)
In applying penalty provisions to an act conducted before the validity period of this Act expires, the provisions in force as at the time the act is conducted shall apply.
Article 5 Omitted.