ENFORCEMENT DECREE OF THE PROTECTION OF MILITARY BASES AND INSTALLATIONS ACT
Presidential Decree No. 21025, Sep. 22, 2008
Amended by Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21826, Nov. 17, 2009
Presidential Decree No. 22449, Oct. 14, 2010
Presidential Decree No. 23279, Nov. 16, 2011
Presidential Decree No. 23893, jun. 29, 2012
Presidential Decree No. 24349, Feb. 5, 2013
Presidential Decree No. 24413, Mar. 23, 2013
Presidential Decree No. 25385, jun. 17, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25942, Dec. 30, 2014
Presidential Decree No. 26639, Nov. 18, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 26993, Feb. 29, 2016
Presidential Decree No. 27343, Jul. 19, 2016
Presidential Decree No. 27471, Aug. 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27655, Dec. 5, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29893, jun. 25, 2019
| Article 2 (Military Installations) |
"Installations prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Protection of Military Bases and Installations Act (hereinafter referred to as the "Act") means anti-aircraft defense facilities, communication facilities for military use, ports for military use, and facilities for production and storage of war equipment and goods. <Amended by Presidential Decree No. 29893, Jun. 25, 2019>
| Article 3 (Commanders of Jurisdictional Unit and Commanders of Managerial Unit) |
| (1) | "Commander of a unit determined by Presidential Decree" in subparagraph 14 of Article 2 of the Act means any of the following persons: |
| 1. | In the army, a commander equivalent to a brigadier and above; |
| 2. | In the navy, a commander equivalent to a flotilla commander and above: Provided, That in cases of the Marine Corps, a commander equivalent to a regimental commander and above; |
| 3. | In the air force, a commander equivalent to a flight commander or a brigadier and above, or an independent flotilla commander. |
| (2) | "Commander of a unit determined by Presidential Decree" in subparagraph 15 of Article 2 of the Act means any of the following persons: |
| 1. | The commander of a unit equivalent to the head of a depot or above who protects and manages explosive-related facilities; |
| 2. | The commander of a unit who protects and manages air support operations bases, exclusive helicopter operations bases, and reserve air operations bases; |
| 3. | The commander of a unit who protects and manages military tele- communications bases. |
| (3) | When the commander of the jurisdictional unit under paragraph (1) is not clearly distinguished from the commander of the managerial unit under paragraph (2), the Minister of National Defense may designate the commander of the jurisdictional unit or the commander of the managerial unit from among those who fall under any subparagraph of paragraph (1) or any subparagraph of paragraph (2). |
| Article 4 (Proposition on Designation of Military Bases and Installation Protection Zones) |
| (1) | In cases where the Chairman of the Joint Chiefs of Staff (hereinafter referred to as the "JCS Chairman") proposes the designation, modification, or cancellation (hereinafter referred to as "designation, etc.") of a military base and installation protection zone (hereinafter referred to as "protection zone"), the Civilian Control Line, a flight safety zone, or an anti-aircraft defense coordination zone (hereinafter referred to as "protection zone, etc.") to the Minister of National Defense under Article 4 (1) of the Act, he/she shall make such proposition, clearly stating the grounds therefor, the commander of the jurisdictional unit, or the commander of the managerial unit (hereinafter referred to as the "commander of the jurisdictional unit, etc.") and indicating the protection zone, etc. in a land registration map, topographical map showing the record of land registration, or hydrographic chart (hereinafter referred to as "topographical map, etc."). |
| (2) | Where the Minister of National Defense notifies the head of the relevant administrative agency of the designation, etc. of a protection zone, etc. under Article 4 (5) of the Act, he/she shall notify its name, location, area, grounds for designation, etc., anticipated date of announcement, and topographical map, etc. <Amended by Presidential Decree No. 29893, Jun. 25, 2019> |
| Article 5 (Areas to Be Designated as Protection Zones and Civilian Control Line) |
| (1) | "Areas in conformity with the criteria set by Presidential Decree" in the proviso to Article 5 (1) 1 (a) of the Act means any of the following areas: |
| 1. | An area which a State agency intends to designate and develop to build a foundation for unification or an area necessary for the promotion of programs or projects for inter-Korean exchange and cooperation; |
| 2. | A settlement area determined by the head of the relevant administrative agency in consultation with the competent commander of the jurisdictional unit, etc.; |
| 3. | A security tourism area developed by a State agency or a local government to raise public awareness of national security and determined by the head of the relevant administrative agency in consultation with the competent commander of the jurisdictional unit, etc.; |
| 4. | An area in which a large-scale development project is planned for the national key industries or the development of communities; |
| 5. | Other areas deemed by the commander of the jurisdictional unit, etc. to exert slight and insignificant influence over operations. |
| (2) | "Areas in conformity with the criteria set by Presidential Decree" in the proviso to Article 5 (1) 2 (a) of the Act means any of the following areas: <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 25942, Dec. 30, 2014> |
| 1. | A settlement area that the head of the relevant administrative agency determines in consultation with the competent commander of the jurisdictional unit, etc.; |
| 3. | Other areas that the commander of the jurisdictional unit, etc. deems not to interfere with operations. |
| (3) | The area of a protection zone in a naval port under Article 5 (3) of the Act shall be as specified in attached Table 1. |
| (4) | Protection zones and Civilian Control Line under Article 5 (4) of the Act shall be demarcated in conformity with the criteria in each of the following subparagraphs. In such cases, the Minister of National Defense may, if necessary for the designation of the line of demarcation, demand relevant data from the head of the relevant administrative agency, and the head of the relevant administrative agency shall comply with such demand: |
| 1. | The line of demarcation of protection zones and Civilian Control Line shall be designated, using the line of demarcation of land registration, lines of demarcation of areas, districts and zones under other statutes, roads, rivers, forests and fields, and other natural or artificial features on land on condition that, in cases necessary for military operations or safety in the protection zone concerned, a specific distance from the standard line of the area to be designated as the protection zone concerned may be designated as a line of demarcation; |
| 2. | Notwithstanding subparagraph 1, the line of demarcation of the waters shall be designated with longitudinal and latitudinal references. |
| Article 6 (Location of Air Operations Bases by Type) |
| Article 7 (Public Notice and Sign of Protection Zones) |
| (2) | When the Minister of National Defense intends to install a sign for a protection zone under Article 8 (2) of the Act, he/she shall have the competent commander of the jurisdictional unit, etc. install a sign (referring to a marking or stone landmark) specified in attached Table 3 in a place easily visible to the general public. |
| (3) | With respect to protection zones in waters, the Minister of National Defense shall, notwithstanding paragraph (2), have the commander of the jurisdictional unit, etc. install red buoys 1 meter in diameter at intervals of 50 meters along the boundary line outside such zones. |
| Article 8 (Application for Permission for Acts in Protection Zone) |
| (1) | Any person who intends to obtain permission for entry into a protection zone for the purpose of dwelling or farming under the main sentence of Article 9 (1) 1 of the Act shall file an application for permission with the commander of the jurisdictional unit, etc. or the commander of the army post through the head of the Eup/Myeon/Dong having jurisdiction over the land inside the protection zone into which he/she intends to obtain permission for entry. <Amended by Presidential Decree No. 26993, Feb. 29, 2016> |
| (2) | Any person who intends to obtain permission under Article 9 (1) 3, 7, 8, 11 or 12 of the Act shall submit an application for permission to the commander of the jurisdictional unit, etc. through the head of the relevant administrative agency. |
| (3) | The commander of the jurisdictional unit, etc. (in cases falling under paragraph (1), including the commander of an army post) who has received an application for permission under paragraph (1) or (2) shall determine whether to grant permission, and notify the applicant of the result of such determination through the head of the relevant administrative agency (in cases falling under paragraph (1), referring to the head of an Eup/Myeon/Dong). |
| (4) | A person who intends to enter a controlled protection area or a military base and installation installed with fences or entry control markers for purposes of a visit to his/her ancestral graves, visit, tour, construction works, etc., other than the causes under paragraph (1) or (2), may submit an application for permission for entry directly to the commander of the jurisdictional unit, etc. or the commander of an army post, and the commander of the jurisdictional unit, etc. or the commander of the army post who has received such application shall determine whether to grant permission and notify the applicant of the result thereof without delay. |
| (5) | Except as provided for in paragraphs (1) through (4), necessary matters concerning applications for permission including entry into a protection zone shall be determined by Ordinance of the Ministry of National Defense. |
| (6) | "Areas determined by Presidential Decree" in the proviso to Article 9 (1) 1 of the Act, with the exception of its items, means the areas in each of the following subparagraphs: |
| 1. | Controlled protection zones north of the Civilian Control Line, which fall under each subparagraph of Article 5 (1) and are passages that the Minister of National Defense or the commander of the jurisdictional unit, etc. designates for entry; |
| 2. | Controlled protection zones south of the Civilian Control Line, which are not installed with fences or access control signs. |
| (7) | "Matters determined by Presidential Decree within the scope of not interfering with military operations" in the proviso to Article 9 (1) 2 of the Act means any of the following public projects: <Amended by Presidential Decree No. 26639, Nov. 18, 2015> |
| 1. | Construction of a building as part of a public project carried out by a state agency or a local government, on which the Minister of National Defense or the commander of the jurisdictional unit, etc. consulted and deemed not interfering with military operations; |
| 2. | Construction of a building which falls under any of the following and is deemed not interfering with military operations by the commander of the jurisdictional unit, etc.: |
| (a) | Warehouse facilities under subparagraph 18 or 21 of attached Table 1 of the Enforcement Decree of the Building Act or facilities related to animals and plants, of which the sum of the total floor area is not more than 200 square meters; |
| (b) | A temporary building under Article 15 of the Building Act, which is newly constructed for the purpose of agriculture, forestry, livestock industry, or fisheries, and of which the sum of the total floor area is not more than 200 square meters. |
| Article 8-2 (Special Cases concerning Permission for Entry into Civilian-Military Complex Port) |
| (1) | Notwithstanding Article 8 (4), a crewman or passenger on board a vessel falling under any of the following subparagraphs, who intends to enter a controlled protection area, or military base or installation installed with a fence or access control sign, which is located in a sea area (limited to a sea area designated as a trading port pursuant to Article 2 (1) and attached Table 1 of the Enforcement Decree of the Harbor Act) of the civilian-military complex port under Article 236 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, may apply for permission for entry directly to the commander of the jurisdictional unit, etc. or through the Jeju Special Self-Governing Province Governor: <Amended by Presidential Decree No. 26922, Jan. 22, 2016> |
| (2) | The commander of the jurisdictional unit, etc. who receives an application under paragraph (1) shall determine whether to grant permission and notify it to the applicant directly or through the Jeju Special Self-Governing Province Governor within 24 hours, and where they fail to notify whether to grant permission, permission shall be deemed to have been granted. |
| (3) | A crewman or passenger who intends to file an application pursuant to paragraph (1) shall notify the commander of the jurisdictional unit, etc. of vessel itinerary not later than seven days before the date scheduled for entry into the port. |
[This Article Newly Inserted by Presidential Decree No. 23893, Jun. 29, 2012]
| Article 9 (Detailed Criteria for Restricted Acts in Protection Zones) |
Detailed criteria for restricted acts, etc. in protection zones under Article 9 (1) of the Act shall be as specified in attached Table 4.
| Article 10 (Detailed Criteria for Restricted Acts in Flight Safety Zones) |
Detailed criteria for restricted acts, etc. in flight safety zones under Article 10 of the Act shall be as specified in attached Table 5. <Amended by Presidential Decree No. 29893, Jun. 25, 2019>
| Article 11 (Measures against Obstacles) |
| (1) | When the commander of the jurisdictional unit, etc. intends to directly remove or move obstacles, etc. under Article 11 (3) of the Act, he/she shall request the head of the relevant administrative agency to publicly notify the matters in the following subparagraphs on the bulletin board of the administrative agency for seven days in advance: Provided, That the same shall not apply where causes, such as imminent danger, exist or such obstacles are deemed to have no property value: |
| 1. | The kind and details of the obstacles; |
| 2. | The location of the obstacles; |
| 3. | Anticipated date and time on which such obstacles are to be removed or moved. |
| (2) | A person who has installed aerial obstruction lights and daytime obstruction beacons in compliance with the order of the commander of the jurisdictional unit, etc. to install such under Article 11 (4) of the Act and intends to claim for the reimbursement of expenses incurred therefrom shall submit an application in attached Form 1 for the reimbursement of expenses incurred, attaching thereto a statement of such expenses. |
| (3) | The commander of the jurisdictional unit, etc. who has received an application for the reimbursement of expenses incurred under paragraph (2) shall report it to the Minister of National Defense through the channel of command and reimburse the expenses incurred to the applicant. |
| Article 12 (Modification of Anchorage) |
When the commander of the jurisdictional unit, etc. intends to take necessary measures such as designation or modification an anchorage, or the compulsory evacuation under Article 12 (2) of the Act, he/she shall first order the captain of the relevant ship to conduct necessary acts, such as modification or evacuation of the anchorage, unless urgent grounds exist for military purposes, and take necessary measures where the captain fails to fulfill such order.
| Article 13 (Consultation on Dispositions by Administrative Agencies) |
| (1) | When the head of the relevant administrative agency intends to grant permission or take other dispositions for matters falling under Article 13 (1) or (2) of the Act (hereinafter referred to as "permission, etc.") or intends to conduct such acts directly, the head of a central administrative agency and shall consult with the Minister of National Defense, and the heads of other administrative agencies with the commander of the jurisdictional unit, etc., respectively. In such cases, the procedures for and method of consultation and criteria for consultation in protection zones having explosives-related military installations shall be determined by Ordinance of the Ministry of National Defense. |
| (2) | In the military bases and installations protection zones, etc. of foreign armed forces stationed in the Republic of Korea, a consultation on matters falling under Article 13 (1) and (2) of the Act in protection zones shall comply with paragraph (1) on condition that the commander of the jurisdictional unit, etc. deals with such matters in consultation with the commander of a unit of the foreign armed forces managing such installations. |
| (3) | "Matters determined by Presidential Decree" in the proviso to Article 13 (1) of the Act, with the exception of its subparagraphs, means matters falling under any of the following subparagraphs: Provided, That in cases falling under subparagraph 1, 2, 7, or 8, the same shall not apply inside a protection zone having controlled protection zones and explosives-related military installations: <Amended by Presidential Decree No. 21826, Nov. 17, 2009; Presidential Decree No. 24349, Feb. 5, 2013; Presidential Decree No. 26639, Nov. 18, 2015; Presidential Decree No. 29893, Jun. 25, 2019> |
| 1. | Remodelling, reconstruction, and substantial repair of existing buildings and structures; |
| 3. | Thinning of forests, selective felling of trees, and felling of damaged trees; |
| 6. | Installation of a private grave under Article 14 (1) 1 of the Act on Funeral Service and creation of a natural burial ground for an individual or a family under Article 16 (1) 1 of the same Act; |
| (a) | Where a new building is erected in one site in which there is any existing building, and the total floor area of these buildings is at least 200 square meters; |
| (b) | Where at least two buildings are erected in one site and the total floor area of these buildings is at least 200 square meters; |
| (4) | "Specific height determined by Presidential Decree" in Article 13 (2) 2 of the Act means the height of horizontal line of sight within the range of anti-aircraft firearms deployed at an anti-aircraft position within an anti-aircraft coordination zone. |
| (5) | Where a person who intends to obtain permission, etc. (hereafter referred to as “applicant for permission, etc. in this Article) requests for a prior counseling under Article 13 (3) of the Act, the commander of the jurisdictional unit, etc. may give a prior counseling on whether matters falling under any of the subparagraphs of paragraph (1) or (2) fall under the following. In such cases, the procedures for and methods of the prior counseling shall be prescribed by Ordinance of the Ministry of National Defense: <Newly Inserted by Presidential Decree No. 26993, Feb. 29, 2016> |
| 1. | Matters concerning protection and management of a protection zone, a flight safety zone, or an anti-aircraft defense coordination zone; |
| 2. | Matters concerning impact on military operations and measures for mitigation therof; |
| 3. | Matters concerning necessary requirements for removing military obstacles. |
| (6) | "Matters prescribed by Presidential Decree, such as the construction, etc. of substitute facilities" in the former of Article 13 (6) of the Act, with the exception of its subparagraphs, means the following, for the implementation of which an applicant for permission, etc. is to bear expenses: <Newly Inserted by Presidential Decree No. 29893, Jun. 25, 2019> |
| 1. | Construction of facilities (including structures) replacing the existing military installations; |
| 2. | Provision of goods and equipment necessary for the protection of military bases and installations and for the performance of military operations; |
| 3. | Other matters, which correspond to subparagraph 1 or 2, the Minister of National Defense or the commander of the jurisdictional unit, etc. deems necessary. |
| (7) | "Matters prescribed by Presidential Decree" in Article 13 (6) 3 of the Act means the following: <Newly Inserted by Presidential Decree No. 29893, Jun. 25, 2019> |
| 1. | Construction of facilities exceeding standards prescribed by the Minister of National Defense; |
| 2. | Prohibition of installing windows toward a military unit; |
| 3. | Control over the direction of a building. |
| (8) | Where the Minister of National Defense or the commander of the jurisdictional unit, etc. agrees with conditions attached pursuant to Article 13 (6) of the Act, the head of the relevant administrative agency may enter into a memorandum of agreement with an applicant for permission, etc. if it is necessary in connection with the fulfillment of such conditions, and where a project, etc. based on permission, etc. is completed, the head of the relevant administrative agency shall ascertain and notify the Minister of National Defense or the commander of the jurisdictional unit, etc. whether the conditions have been fulfilled. <Newly Inserted by Presidential Decree No. 29893, Jun. 25, 2019> |
| (9) | The head of the relevant administrative agency who intends to make a request for re-consultation under Article 13 (7) of the Act shall make such request, stating the grounds therefor. <Amended by Presidential Decree No. 26993, Feb. 29, 2016; Presidential Decree No. 29893, Jun. 25, 2019> |
| (10) | An applicant for permission, etc. who intends to request the head of the relevant administrative agency to re-consult with the Minister of National Defense and the commander of the jurisdictional unit, etc. under Article 13 (8) of the Act shall make such request, stating the grounds therefor. <Amended by Presidential Decree No. 26993, Feb. 29, 2016; Presidential Decree No. 29893, Jun. 25, 2019> |
| Article 14 (Entrustment of Duty of Consultation in Protection Zones) |
| (1) | "Specific protection zones determined by Presidential Decree" in the main sentence of Article 14 (1) of the Act means areas falling under any of the following subparagraphs: <Amended by Presidential Decree No. 21590, Jun. 30, 2009; Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 23297, Nov. 16, 2011> |
| 2. | Specialized complexes for horticultural production for increasing income of farmers, foresters, and fishermen; |
| 3. | Areas usable as paddies and dry fields through clearing of forests, riverbeds, etc.; |
| 5. | The waters outside the limit of maritime operations determined by the Minister of National Defense; |
| 7. | Other areas which exert slight and insignificant influence over operations and in which regional and social development and convenience of residents can be promoted. |
| (2) | The scope of duty of consultation allowed to be entrusted to the head of the relevant administrative agency under Article 14 (1) of the Act shall be the duty of consultation for permission, etc. for any of the following acts: <Amended by Presidential Decree No. 29893, Jun. 25, 2019> |
| 1. | Construction or expansion of buildings or installation of structures; |
| 2. | Afforestation or felling of forest trees; |
| 3. | Cultivation of land or modification of topography; |
| 4. | Conduct of sea transportation; |
| 5. | Establishment of fishery rights and capture or collection of aquatic plants and animals; |
| 6. | Collection of minerals, soil, stone, or sand; |
| 7. | The duty of consultation resulting from permission, etc. for the matters under Articles 10 (2) and 13 (2) 1 of the Act within the scope not exceeding the surface altitude of each zone of Flight Safety Zones II through VI. |
| (3) | When the Minister of National Defense or the commander of the jurisdictional unit, etc. intends to entrust the duty of consultation under Article 13 of the Act to the head of the relevant administrative agency pursuant to Article 14 (1) of the Act, he/she shall entrust it directly or in response to an application made by the head of the relevant administrative agency on condition that he/she entrust it, determining, in detail, the areas to be entrusted, scope of duty of consultation subject to entrustment, height limit of buildings and others, etc., considering topographical conditions, elements affecting the smooth conduct of military operations, fairness to neighboring units, etc. in a comprehensive manner, and marking or indicating them on a topographical map, etc. and relevant documents. |
| (4) | The head of the relevant administrative agency to whom the duty of consultation under paragraph (3) have been entrusted shall keep topographical maps, etc. or relevant documents, etc. in which the details of entrusted matters are stated and allow interested persons to inspect them, and shall grant permission, etc. within the scope entrusted and notify the commander of the jurisdictional unit, etc. of the result thereof on a quarterly basis. |
| Article 15 (Organization and Operation of Deliberation Committee on Protection of Military Bases and Installations of the Ministry of National Defense) |
| (1) | The Vice Minister of the National Defense shall become the chairperson of the Deliberation Committee on the Protection of Military Bases and Installations of the Ministry of National Defense (hereinafter referred to as the "Deliberation Committee of the Ministry of National Defense") under Article 15 (1) of the Act, and each of the following persons shall become its members: <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26993, Feb. 29, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | A person recommended by the head of an administrative agency related to the agenda for deliberation, from among the relevant public officials of the Ministry of Unification, the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, or relevant local governments; |
| 2. | A relevant public official of the Ministry of National Defense and the Joint Chiefs of Staff, who is appointed by the Minister of National Defense. |
| (2) | When the chairperson is unable to perform his/her duty due to inevitable causes, a member appointed by the chairperson in advance shall act on his/her behalf. |
| (3) | Meetings of the Deliberation Committee of the Ministry of National Defense shall be held in the presence of a majority of the registered members and pass resolutions by the affirmative vote of a majority of the members present. |
| (4) | The Deliberation Committee of the Ministry of National Defense shall have a secretary who is the head of a section in charge of the affairs to protect the military bases and installations of the Ministry of National Defense. |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for the operation of the Deliberation Committee of the Ministry of National Defense shall be determined by the chairperson through resolutions by the Deliberation Committee of the Ministry of National Defense. |
| Article 16 (Organization and Operation of Deliberation Committee on Protection of Military Bases and Installations of Joint Chiefs of Staff) |
| (1) | The chief director of operations shall become the chairperson of the Deliberation Committee on the Protection of Military Bases and Installations of the Joint Chiefs of Staff (hereinafter referred to as the "Deliberation Committee of the Joint Chiefs of Staff") under Article 15 (2) of the Act, and persons appointed by the JCS Chairman in consideration of the agenda for deliberation from among those in each of the following subparagraphs shall become its members: <Amended by Presidential Decree No. 27343, Jul. 19, 2016; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 29893, Jun. 25, 2019> |
| 1. | A person in the service of the Joint Chiefs of Staff; |
| 2. | A person recommended by each Chief of the General Staff of the army, the navy, and the air force; |
| 3. | The commander or staff of the jurisdictional unit or managerial unit related to the agenda for deliberation; |
| 4. | A civil aviation expert (excluding those who have interests in the agenda for deliberation) recommended by the head of a central administrative agency relevant to the agenda for deliberation in cases of deliberating on matters related to Article 10 (5) of the Act,; |
| 5. | In cases of deliberating on matters related to the demand for re-consultation pursuant to Article 13 (7) of the Act, a person recommended by the head of the administrative agency related to the agenda for deliberation, from among public officials relevant to the Ministry of Unification, the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, and the relevant local governments. |
| (2) | Article 15 (2) through (5) shall apply mutatis mutandis to the operation of the Deliberation Committee of the Joint Chiefs of Staff. In such cases, the "head of a section in charge of the affairs to protect the military bases and installations of the Ministry of National Defense" shall be deemed a "person appointed by the chairperson from among those in charge of the affairs to protect the military bases and installations of the Joint Chiefs of Staff." |
| Article 17 (Organization and Operation of Deliberation Committee on Protection of Military Bases and Installations of Jurisdictional Units or Managerial Units) |
| (1) | The vice commander or the chief of staff of the jurisdictional unit or managerial unit shall become the chairperson of the Deliberation Committee on the Protection of Military Bases and Installations of the Jurisdictional Unit or Managerial Unit (hereinafter referred to as the "Deliberation Committee of the Jurisdictional Unit") under Article 15 (3) of the Act, and a person appointed by the commander of the jurisdictional unit, etc. in consideration of the agenda for deliberation from among those in each of the following subparagraphs shall become its members: <Amended by Presidential Decree No. 27343, Jul. 19, 2016; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 29893, Jun. 25, 2019> |
| 1. | The chief of staff of the jurisdictional unit or managerial unit or the commander of a unit under its direct control; |
| 2. | The leader or staff of a unit related to the agenda for deliberation; |
| 3. | A person in charge of the duty of managing state properties of the jurisdictional unit or managerial unit; |
| 4. | A person recommended by the head of the administrative agency related to the relevant deliberation, from among public officials relevant to the Ministry of Unification, Ministry of the Interior and Safety, Ministry of Agriculture, Food and Rural Affairs, Ministry of Environment, Ministry of Land, Infrastructure and Transport, Ministry of Oceans and Fisheries, and the relevant local governments, in cases of deliberating on the following matters: |
| (2) | If deemed necessary in relation to the agenda for its deliberation, the Deliberation Committee of the Jurisdictional Unit may consider the opinions of relevant administrative agencies or interested persons. |
| (3) | Except as provided for in paragraph (2), Article 15 (2) through (5) shall apply mutatis mutandis to matters concerning the operation of the Deliberation Committee of the Jurisdictional Unit. In such cases, the "head of a section in charge of the affairs to protect the military bases and installations of the Ministry of National Defense" shall be deemed a "person in charge of the affairs to protect the military bases and installations of the jurisdictional unit or managerial unit." |
| Article 18 (Establishment of Master Plan for Management of Protection Zones) |
| (1) | The Minister of National Defense shall establish a master plan for management of protection zones, etc. (hereinafter referred to as "master plan") including the following subparagraphs pursuant to Article 16 (1) of the Act: |
| 1. | Basic directions for the protection of military bases and installations; |
| 2. | Matters concerning the management of protection zones, etc.; |
| 3. | Matters concerning the designation, modification and cancellation of protection zones, etc.; |
| 4. | Matters concerning compensation for damages in protection zones, etc.; |
| 5. | Other matters deemed necessary for the protection of military bases and installations. |
| (2) | "Important matters determined by Presidential Decree" in the latter part of Article 16 (2) of the Act means matters under paragraph (1) 1, 3, and 4. |
| (3) | The Minister of National Defense shall include guidelines for the establishment of a management plan in the master plan so that the commander of the jurisdictional unit establishes and promotes a management plan of protection zones, etc. of the jurisdictional unit (hereinafter referred to as "management plan") under Article 16 (3) of the Act. |
| (4) | The commander of the jurisdictional unit shall prepare a management plan in accordance with the guidelines for the establishment of management plan under paragraph (3) to submit it to the Minister of National Defense, and shall implement it the plan to report the performance thereof annually. |
| Article 19 (Scope of Land Subject to Purchase and Criteria for Determining Land Subject to Purchase) |
| (1) | The scope of land subject to purchase under Article 17 (3) of the Act (hereinafter referred to as "land subject to purchase") shall be land in zones falling under any of the following subparagraphs: |
| (2) | The criteria for determining land subject to purchase shall be as provided for in the following subparagraphs. In such cases, no cause attributable to the applicant for purchase shall exist with respect to the reduction of utility of land, impossibility of use or profit-making, etc.: <Amended by Presidential Decree No. 27472, Aug. 31 2016> |
| 1. | Land not usable anymore for its original purpose, resulting in a substantial reduction of its utility: The publicly notified individual land price (referring to a publicly notified individual land price under Article 10 of the Act on the Public Announcement of Real Estate Values; hereinafter the same shall apply) of the land subject to purchase as of the date of application for purchase is required to be less than 50/100 of the average publicly notified individual land price of land of the same category in the protection zones, etc. designated in the Eup/Myeon/Dong in which the land is located, which resulted from the relevant land becoming unusable in terms of its land classification prior to the designation of the protection zones, etc. (in cases where the applicant for purchase proves that the land was used differently from its land classification on the terrier legitimately prior to the designation of the protection zones, etc. with official materials, its actual use prior to the designation of the protection zones, etc. shall be deemed its land classification); |
| 2. | Land, the use and profit-making of which is actually impossible: The use or profit-making of land concerned is required to be impossible due to restricted acts under Articles 9 and 10 of the Act. |
| Article 20 (Timing and Method of Calculation of Purchase Price and Procedure for Application for Purchase) |
| (1) | Any person who intends to apply for the purchase of land under Article 17 (1) of the Act shall submit documents determined by Ordinance of the Ministry of National Defense to the Minister or the commander of the jurisdictional unit, etc. In such cases, documents received by the commander of the jurisdictional unit, etc. shall be submitted to the Minister of National Defense without delay. |
| (2) | Upon receipt of an application for purchase under paragraph (1), the Minister of National Defense shall determine whether the relevant land falls under the scope of land subject to purchase and meets the criteria for determining land subject to purchase under Article 19, and notify the applicant for purchase of whether to purchase it and estimated purchase price directly or through the commander of the jurisdictional unit, etc. within one year from the date of receipt of such application for purchase. |
| (3) | An estimated purchase price referred to in paragraph (2) shall be a publicly notified individual land price at the time of application for purchase. |
| (4) | When the Minister of National Defense has notified the applicant for purchase that his/her land falls under the scope of land subject to purchase pursuant to paragraph (2), he/she shall establish a purchase plan to purchase the land within five years. |
| (5) | When the Minister of National Defense intends to purchase land subject to purchase in accordance with a purchase plan under paragraph (4), he/she shall entrust the appraisal of land to at least two appraisal business entities under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers to determine its purchase price and notify the applicant for purchase thereof. In such cases, the Minister of National Defense shall notify the applicant for purchase of the fact of entrusting the appraisal 30 days prior to the entrustment of the appraisal. <Amended by Presidential Decree No. 27472, Aug. 31, 2016> |
| (6) | The purchase price referred to in paragraph (5) shall be the arithmetical average of the values appraised by at least two appraisal business entities in consideration of the variable matters in each of the following subparagraphs for the period from the base date of notification to the date on which payment to the applicant for purchase is intended to be made, and based on the publicly notified land price of the reference land (referring to the publicly notified land price of the reference land referred to in Article 3 of the Act on the Public Announcement of Real Estate Values; hereinafter the same shall apply) at the time of application for purchase: <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 27472, Aug. 31, 2016> |
| 1. | Location, shape, environments, and status of use of the relevant land; |
| (7) | Where the highest appraised value from among the values appraised by appraisal business entities under paragraph (6) exceeds 110/100 of the lowest appraised value, the Minister of National Defense may entrust the appraisal to at least two other appraisal business entities. |
| (8) | Where the Minister of National Defense has established a purchase plan under paragraph (4), if deemed necessary, he/she may have the commander of the jurisdictional unit, etc. of a protection zone, etc. in which land subject to purchase is located, conduct the business of purchase under paragraphs (5) through (7). In such cases, the Minister of National Defense shall notify the applicant for purchase of such fact without delay. |
| Article 21 (Method of and Procedure for Calculation of Compensation of Losses) |
| (1) | A person who intends to claim on compensation for a loss under Article 20 of the Act shall submit an application for payment of compensation in attached Form 2 to the Minister of National Defense or the commander of the jurisdictional unit, etc., with a statement of losses and materials to verify his/her property loss attached. In such cases, documents received by the commander of the jurisdictional unit, etc. shall be submitted to the Minister of National Defense without delay. |
| (2) | Where the Minister of National Defense has received an application for payment of compensation under paragraph (1), he/she shall consult with the applicant on the amount of compensation payable: Provided, That if deemed necessary, the Minister may require the commander of the jurisdictional unit, etc. to consult with the applicant. |
| (3) | The Minister of National Defense or the commander of the jurisdictional unit, etc. may seek the opinions of appraisers, persons for reference, or interested persons when necessary to determine the amount of damages. |
| Article 22 (Raising Objections) |
| (1) | A person who intends to raise an objection under Article 21 (1) of the Act shall submit a written objection determined by Ordinance of the Ministry of National Defense to the Minister or to the commander of the jurisdictional unit, etc. |
| (2) | In cases where the Minister of National Defense or the commander of the jurisdictional unit, etc. who has examined a written objection submitted under paragraph (1) deems that such objection is prepared incompletely or needs to be supplemented, the Minister may request the applicant to supplement it. |
| Article 23 (Handling of Personally Identifiable Information) |
| 1. | Affairs regarding prohibitions and restrictions in protection zones referred to in Article 9 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes)
Article 3 (General Transitional Measures)
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010. Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21826, Nov. 17, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 13 (3) shall also apply to cases for which application for approval or declaration form has been submitted regarding activities falling under Article 13 (3) 1, 2, or 7.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23893, Jun. 29, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24349, Feb. 5, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 13 (3) 7 shall apply beginning with reporting on a building project under Article 14 (1) 2 of the Building Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 24413, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25385, Jun. 17, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended by Article 5 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement date of which has not arrived yet, shall enter into force on the enforcement date of the respective Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25942, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26639, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Construction of Buildings in Controlled Protection Area)
The amended provisions of Article 8 (7) 2 shall apply, beginning with an application for a building permit under Article 11 of the Building Act or a building report under Article 14 or 20 (3) of the same Act made after this Decree enters into force.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 26993, Feb. 29, 2016>
This Decree shall enter into force on March 2, 2016.
ADDENDUM <Presidential Decree No. 27343, Jul. 19, 2016>
This Decree shall enter into force on July 20, 2016.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27655, Dec. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees amended by Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 29893, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 25, 2019: Provided, That the amended provisions of Articles 2 and 4 (2) shall enter into force on October 24, 2019. Article 2 (Applicability to Modification of Uses of Buildings Subject to Permission)
The amended provision of Article 13 (3) 8 shall also apply to cases where the head of an administrative agency received an application for permission for the modification of the uses of a building before this Decree enters into force, and procedures for consultation or re-consultation are being performed.