SPECIAL ACT ON THE DEVELOPMENT OF THE EAST, WEST, AND SOUTH COAST AREAS AND INLAND AREAS
Act No. 8823, Dec. 27, 2007
Amended by Act No. 9050, Mar. 28, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9366, Jan. 30, 2009
Act No. 9401, Jan. 30, 2009
Act No. 9598, Apr. 1, 2009
Act No. 9758, jun. 9, 2009
Act No. 9774, jun. 9, 2009
Act No. 9763, jun. 9, 2009
Act No. 10267, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10758, May 30, 2011
Act No. 10892, Jul. 21, 2011
Act No. 10898, Jul. 25, 2011
Act No. 11020, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12738, jun. 3, 2014
Act No. 12979, Jan. 6, 2015
Act No. 13433, Jul. 24, 2015
Act No. 13805, Jan. 19, 2016
Act No. 13797, Jan. 19, 2016
Act No. 14568, Feb. 8, 2017
Act No. 14569, Feb. 8, 2017
Act No. 14945, Oct. 24, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15607, Apr. 17, 2018
Act No. 16139, Dec. 31, 2018
Act No. 16419, Apr. 30, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary to develop the east, west, and south coast areas as well as the inland areas as new economic zones and international tourist attractions for Northeast Asia, thus contributing to the enhancement of national competitiveness and balanced national development by stimulating the regional economy, culture, tourism as well as other industries and increasing regional exchanges and international cooperation. <Amended by Act No. 10267, Apr. 15, 2010>
The terms used in this Act shall be defined as follows: <Amended by Act No. 10267, Apr. 15, 2010; Act No. 14568, Feb. 8, 2017>
1. | The term "east, west, and south coast area (hereinafter referred to as “coast areas”)" means a lower-level local government contiguous to the east, west, and/or south coastline, which refers to the areas designated under a comprehensive plan to develop the coast areas prescribed in Articles 5 (3) and 6; |
1-2. | The term “inland area” means a zone, other than the coast areas, suited for local governments to jointly promote cross-regional and cooperative projects with a view to increasing regional competitiveness, and designated under a comprehensive plan to develop the inland areas formulated and determined under Articles 5 and 6; |
2. | The term "comprehensive plan to develop the coast areas and inland areas (hereinafter referred to as "comprehensive plan")” means a comprehensive and basic plan jointly formulated and determined for each coast area or inland area under Article 6 to achieve the purpose set forth in Article 1 by the relevant Metropolitan City Mayors and Do Governors (hereinafter referred to as "Mayors/Do Governors")" in accordance with Article 5; |
3. | The term "development zone" means an area designated and publicly notified under Article 7 to implement a development project for the coast areas or inland areas; |
3-2. | The term “marine tourism promotion district” means a development zone designated and publicly notified under Articles 7 and 20-2 for the purpose of fostering tourism and recreation hubs that utilize coastal landscapes and promoting private investments necessary therefor; |
4. | The term "development project for the coast areas or inland areas (hereinafter referred to as "development project")” means a project implemented pursuant to a comprehensive plan. |
Article 3 (Relations to other Plans) |
Each comprehensive plan shall be established with due consideration of plans established under other statutes influencing the coast areas or inland areas and shall ensure harmony and equilibrium between the plans. <Amended by Act No. 10267, Apr. 15, 2010>
Article 4 (Obligations of State, etc.) |
(1) | The State shall establish and implement a comprehensive plan to develop the coast areas and inland areas, and take supporting measures therefor. <Amended by Act No. 10267, Apr. 15, 2010> |
(2) | Each Metropolitan City and Do (hereinafter referred to as "City/Do") shall establish and implement a plan and policies to develop the coast areas and inland areas with local residents' participation and other local governments' cooperation involved therein. <Amended by Act No. 10267, Apr. 15, 2010> |
(3) | The State and Cities/Dos shall endeavor to realize environment-friendly and sustainable development of the coast areas and inland areas. <Amended by Act No. 10267, Apr. 15, 2010> |
CHAPTER II FORMULATION, ETC. OF COMPREHENSIVE DEVELOPMENT PLANS
Article 5 (Drafting of Comprehensive Plans) |
(1) | Mayors/Do Governors having jurisdiction over the coast areas or inland areas shall jointly formulate a draft comprehensive plan to develop the coast areas or inland areas (hereinafter referred to as "draft comprehensive plan"), which includes the following, for each coast areas or inland areas: <Amended by Act No. 10267, Apr. 15, 2010> |
1. | Matters concerning the basic policies to develop the coast areas or inland areas; |
2. | Matters concerning the conservation of the natural environment and the prevention of pollution; |
3. | Matters concerning the establishment of tourism and recreation hubs in Northeast Asia; |
4. | Matters concerning the fostering of future-oriented port logistics industries; |
5. | Matters concerning the innovation of manufacturers, such as main local industries; |
6. | Matters concerning the structural upgrade of agriculture and fisheries; |
7. | Matters concerning the maintenance and expansion of infrastructure, such as roads, ports, harbors, airports, and information and communications; |
8. | Matters concerning the procurement of finances necessary for development projects, etc.; |
9. | Matters concerning the invitation and holding of, and assistance in, international events; |
9-2. | Matters concerning cross-regional and cooperative projects in fields, such as industry, culture, tourism, and transportation, with areas adjacent to the relevant coast areas or inland areas; |
10. | Other matters that Mayors/Do Governors deem necessary. |
(2) | Where Mayors/Do Governors formulate a draft comprehensive plan pursuant to paragraph (1), they shall seek opinions from residents and experts in advance and hold a public hearing, as prescribed by Presidential Decree. |
(3) | Procedures and methods for formulating draft comprehensive plans, the criteria for, and the scope of, the designation of the coast areas or inland areas under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10267, Apr. 15, 2010> |
Article 6 (Finalization of Comprehensive Plans) |
(1) | The Minister of Land, Infrastructure and Transport shall finalize a draft comprehensive plan, subject to prior consultation with the heads of relevant central administrative agencies and deliberation by the National Land Policy Committee referred to in Article 26 of the Framework Act on the National Land (hereinafter referred to as the "National Land Policy Committee"). The foregoing shall also apply to any revision (excluding any revision to insignificant matters prescribed by Presidential Decree) to the finalized comprehensive plan. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 10267, Apr. 15, 2010; Act No. 10758, May 30, 2011; Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport shall publicly notify the comprehensive plan finalized or revised pursuant to paragraph (1), as prescribed by Presidential Decree, and shall notify the heads of relevant administrative agencies and the heads of local governments thereof. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
(3) | The period for consultation prescribed in paragraph (1) shall be 20 days which may be extended only once by up to ten days. <Newly Inserted by Act No. 14568, Feb. 8, 2017> |
Article 7 (Designation, etc. of Development Zones) |
(1) | To implement the development projects reflected in a comprehensive plan, the Minister of Land, Infrastructure and Transport may, upon receiving a request from the Mayors/Do Governors, designate a development zone, subject to prior consultation with the heads of relevant central administrative agencies and deliberation by the Central Urban Planning Committee referred to in Article 106 of the National Land Planning and Utilization Act, the National Park Committee referred to in Article 9 (1) of the Natural Parks Act (limited to cases where any park area defined in Article 2 of the aforesaid Act is involved), the Building Committee established within the Ministry of Land, Infrastructure and Transport pursuant to Article 4 of the Building Act, and the National Land Policy Committee, taking the following matters into consideration. The foregoing shall also apply to any revision (excluding any revision to insignificant matters prescribed by Presidential Decree) to any designated development zone: Provided, That deliberation by the Building Committee shall be deemed completed where the Central Urban Planning Committee referred to in Article 106 of the National Land Planning and Utilization Act, which is attended by at least two members representing the field of architecture, deliberates on matters subject to deliberation by the Building Committee under Article 4 of the Building Act: <Amended by Act No. 9050, Mar. 28, 2008; Act No. 9313, Dec. 31, 2008; Act No. 9598, Apr. 1, 2009; Act No. 10267, Apr. 15, 2010; Act No. 10758, May 30, 2011; Act No. 11690, Mar. 23, 2013> |
1. | The development projects involved shall meet public interest objectives, leading to the unification of the coast areas and inland areas and contributing to the enhancement of national competitiveness by establishing economic axes; |
2. | The development projects involved shall be environmentally sustainable; |
3. | The development projects involved shall conform to the characteristics and conditions of the relevant localities; |
4. | The investment plan, etc. for the development projects involved shall be feasible; |
5. | The development projects involved shall meet other requirements prescribed by Presidential Decree. |
(2) | Where Mayors/Do Governors intend to request the designation of a development zone pursuant to paragraph (1), they shall prepare and submit a plan to develop the coast areas or inland areas (hereinafter referred to as "development plan"): Provided, That where any area specified by Presidential Decree is designated as a development zone, the relevant development plan may be prepared after the designation of the development zone. <Amended by Act No. 10267, Apr. 15, 2010> |
(3) | Mayors/Do Governors may request the designation of a development zone pursuant to paragraph (1) upon receiving a proposal from a person falling under any subparagraph of Article 11 (1). In such cases, any person who proposes the designation of a development zone shall prepare and submit the documents specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
(4) | Where Mayors/Do Governors request the designation or revision of a development zone pursuant to paragraph (1), they shall seek opinions in advance from residents and the heads of the relevant Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply), as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to any revision to insignificant matters specified by Presidential Decree. |
(5) | Where the Minister of Land, Infrastructure and Transport designates or revises a development zone pursuant to paragraph (1), he/she shall give public notice thereof, as prescribed by Presidential Decree, and shall notify the heads of relevant administrative agencies and the heads of local governments thereof. In such cases, when a development zone is designated and publicly notified, the public notice of the topographic maps and other relevant materials shall also be given pursuant to Article 8 of the Framework Act on the Regulation of Land Use. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
(6) | If any area subject to designation stretches over two or more Cities/Dos when a development zone under paragraphs (1) through (4) is designated or revised, a request for designation shall be made jointly by the relevant Mayors/Do Governors. |
(7) | Matters necessary for the scale of development zones, procedures for requesting the designation or revision thereto, and other relevant matters in the designation and revision of a development zone under paragraphs (1) through (5) shall be prescribed by Presidential Decree. |
(9) | Any construction works of a building specified by Presidential Decree within a development zone shall be subject to deliberation by the Building Committee established by the relevant Mayors/Do Governors or the heads of the relevant Sis/Guns/Gus pursuant to Article 4 (1) of the Building Act. <Newly Inserted by Act No. 9050, Mar. 28, 2008> |
(10) | The period for consultation prescribed in paragraph (1) shall be 20 days which may be extended only once by up to ten days: Provided, That the period for consultation on strategic environmental assessment provided for in Articles 8 and 20-2 (2) 1 shall be as prescribed in the Environmental Impact Assessment Act. <Newly Inserted by Act No. 14568, Feb. 8, 2017> |
Article 8 (Consultation on Strategic Environmental Assessment) |
(1) | If a development plan submitted for the designation of a development zone pursuant to Article 7 includes a development project subject to consultation on strategic environmental assessment as specified in Article 9 of the Environmental Impact Assessment Act, the Minister of Land, Infrastructure and Transport shall consult thereon with the Minister of Environment at the time of consultation under Article 7 (1). <Amended by Act No. 9598, Apr. 1, 2009; Act No. 10892, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
Article 9 (Cancellation of Designation of Development Zones) |
(1) | If a development zone designated under Article 7 falls under any of the following subparagraphs, the designation thereof may be cancelled, subject to deliberation by the National Land Policy Committee: Provided, That deliberation by the National Land Policy Committee may be waived for any case falling under subparagraph 3: <Amended by Act No. 10758, May 30, 2011> |
1. | The third anniversary of the date on which the relevant development plan was established and publicly notified, if no application has been filed for approval of an implementation plan under Article 14, or if an implementation plan has not been finalized with the opinions of the relevant Mayors/Do Governors reflected therein, by the third anniversary of the date on which the relevant development plan was established and publicly notified; |
2. | The second anniversary of the date on which the relevant implementation plan under Article 14 was approved and publicly notified, if parcels of the land involved have not been purchased up to the ratio prescribed by Presidential Decree, by the second anniversary of the date on which the relevant implementation plan was approved and publicly notified; |
3. | The date on which the completion of the development project is publicly announced. |
(2) | If the designation of a development zone is cancelled pursuant to paragraph (1) 1 or 2, the specific use area, specific use zone, or district unit planning zone specified in the National Land Planning and Utilization Act shall be deemed to have been reinstated to the former specific use area, specific use zone, or district unit planning zone designated prior to the designation to the relevant development zone or have been abolished. |
(3) | When the designation of a development zone is cancelled pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly notify the cancellation, as prescribed by Presidential Decree, and notify the heads of relevant administrative agencies thereof. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
Article 10 (Restriction on Activities, etc.) |
(1) | Any person who intends to engage in any activity specified by Presidential Decree within a development zone, such as the construction of a building, the installation of a structure, the change of the form or quality of land, the collection of rocks and soil, the division of land, the storage of goods, shall obtain permission of the head of the competent Si/Gun/Gu. The foregoing shall also apply to any planned change in any permitted activity. |
(2) | Notwithstanding paragraph (1), any person may engage in any of the following activities without permission: |
1. | Engaging in any activity as an emergency measure necessary for disaster recovery or emergency relief; |
2. | Other activities specified by Presidential Decree. |
(3) | Any person who has already commenced any construction work or project that constitutes any activity subject to permission under paragraph (1) with permission for such an activity pursuant to any relevant statutes (including cases for which no permission is required, or cases that may be carried out only by filing a report, pursuant to any relevant statutes) at the time a development zone is designated and publicly notified but has failed to complete such work or project shall report it to the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. |
(4) | The head of the competent Si/Gun/Gu may order any person who has failed to obtain permission or amended permission in violation of paragraph (1) to restore the site to its original state. |
(5) | If a person to whom the restoration to the original state was ordered pursuant to paragraph (4) fails to comply with the order, the head of the competent Si/Gun/Gu may execute such restoration vicariously pursuant to the Administrative Vicarious Execution Act. |
Article 11 (Project Implementers, etc.) |
(1) | The project implementer of a development project (hereinafter referred to as "project implementer") shall be designated by the relevant Mayors/Do Governors from among any of the following entities: <Amended by Act No. 10267, Apr. 15, 2010> |
5. | A corporation or individual who intends to perform the development project. |
(2) | The documentation and procedures for application for the designation as a project implementer under paragraph (1) shall be prescribed by Presidential Decree. |
(3) | Mayors/Do Governors may replace a project implementer with another if the project implementer falls under any of the following subparagraphs: |
1. | If the project implementer fails to commence the project within two years since the implementation plan for the development project was authorized; |
2. | If the designation of the project implementer or the authorization for the implementation plan was revoked by an administrative disposition; |
3. | If it is deemed difficult for the project implementer to accomplish the objectives of the development project due to its bankruptcy or insolvency or due to any other similar reason. |
Article 12 (Approval, etc. of Development Plans) |
(1) | Mayors/Do Governors shall prepare a development plan and obtain approval thereof from the Minister of Land, Infrastructure and Transport. The foregoing shall also apply to any revision to the development plan so approved: Provided, That excluded herefrom is a modification to any insignificant matter specified by Presidential Decree. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
(2) | Each development plan shall include the following matters: Provided, That a project within any natural park specified by Presidential Decree included in a park area defined in subparagraph 5 of Article 2 of the Natural Parks Act shall be limited to the one for the installation of facilities that meet the type and scale of park facilities prescribed by Presidential Decree, such as pleasure boat piers and esplanade: <Amended by Act No. 9313, Dec. 31, 2008; Act No. 10267, Apr. 15, 2010> |
1. | The name, location, and area of the development zone; |
2. | Purposes of designation of the development zone and the implementation period of the development project; |
3. | Matters concerning the division of the development zone, if the development zone is divided into two or more project sections to perform the development project; |
4. | Matters concerning the project implementer and the method of implementation; |
5. | A plan for environmental conservation and the prevention of pollution; |
6. | A plan for accommodation of population, traffic management, and land use; |
7. | A plan for installation of facilities for public health, medical service, education, and welfare; |
8. | A plan for installation of major infrastructure, such as roads, waterworks, and sewerage systems; |
9. | A plan for procurement of finances and an annual investment plan; |
10. | A plan for compensation and matters concerning the disposition of developed land; |
11. | A detailed list of the property subject to expropriation or use under Article 16 (1), if any; |
12. | A plan for apportionment of expenses necessary for establishing infrastructure in an area outside the development zone, if it is necessary to install such infrastructure outside the development zone; |
13. | Matters concerning the designation of an investment promotion district in the coast areas or inland areas; |
14. | Other matters specified by Presidential Decree. |
(3) | Where the Minister of Land, Infrastructure and Transport intends to approve a development plan pursuant to paragraph (1), he/she shall undergo deliberation thereon by the National Land Policy Committee; and where he/she approves such plan, he/she shall publicly notify it as prescribed by Presidential Decree and notify the heads of relevant administrative agencies and the heads of local governments thereof. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 10758, May 30, 2011; Act No. 11690, Mar. 23, 2013> |
(4) | When a development plan is publicly notified, the following approval, determination, designation, formulation, etc. (hereinafter referred to as “approval, determination, etc.”) shall be deemed to have been granted or made on the date of the public notice, with regard to matters on which prior consultations with the heads of relevant central administrative agencies have been conducted: <Amended by Act No. 10267, Apr. 15, 2010; Act No. 10599, Apr. 14, 2011; Act No. 13433, Jul. 24, 2015; Act No. 14568, Feb. 8, 2017; Act No. 15607, Apr. 17, 2018> |
3. | Formulation of, or amendment to, an Urban/Gun basic plan under Article 18, 22 or 22-2 of the National Land Planning and Utilization Act, and approval thereof (where a development zone is designated in a Si/Gun, limited to cases where an amendment to the Urban/Gun basic plan for areas other than the development zone has been formulated and submitted to the relevant Si/Gun); |
(5) | Mayors/Do Governors shall commission an expert in the area of urban planning, urban design, or architecture to a general planner to take charge of comprehensively conducting and coordinating the entire course of establishing a development plan. In such cases, Mayors/Do Governors who intend to commission such general planner shall hear the opinions of the heads of the relevant Sis/Guns/Gus in advance and seek advice from the joint council for the development of the coast areas or inland areas referred to in Article 22. <Newly Inserted by Act No. 9050, Mar. 28, 2008; Act No. 10267, Apr. 15, 2010> |
(6) | Article 9 (3) of the Special Act on the Promotion of Urban Renewal shall apply mutatis mutandis to the eligibility requirements for, and duties and authority of, general planners under paragraph (5), and other matters concerning the management thereof. <Newly Inserted by Act No. 9050, Mar. 28, 2008; Act No. 10267, Apr. 15, 2010> |
CHAPTER III IMPLEMENTATION OF DEVELOPMENT PROJECTS
Article 13 (Basic Surveys) |
(1) | Mayors/Do Governors may conduct basic surveys for formulating a draft comprehensive plan under Article 5, while any person falling under any subparagraph of Article 11 (1) may conduct basic surveys for the designation of a development zone under Article 7 or for the establishment of a development plan under Article 12 or an implementation plan under Article 14, as prescribed by Presidential Decree. |
(2) | Basic surveys under paragraph (1) shall include the impact of the relevant development project on the natural ecosystem and scenery of the land and waters involved and other matters specified by Presidential Decree. |
(3) | If deemed necessary for a person falling under any subparagraph of Article 11 (1) to conduct basic surveys under paragraph (1), Mayors/Do Governors may enter the land owned or occupied by any other person or temporarily use such land as a storage yard for materials, passage, or temporary road. <Amended by Act No. 16419, Apr. 30, 2019> |
Article 14 (Approval of Implementation Plans) |
(1) | Each project implementer shall prepare an implementation plan for the relevant development project, along with the following documents and drawings attached thereto, for approval by the relevant Mayors/Do Governors: Provided, That if the project implementer is the State, it shall hear opinions from the relevant Mayors/Do Governors: |
1. | A financial plan (including annual plans for investment and procurement of financial resources); |
2. | The location map and cadastral map of the project site; |
3. | Ground plans and overview drawings; |
4. | Development plans by phases (limited to cases where it is necessary to implement a development project in phases due to the conditions of the project); |
5. | A plan for the disposition of developed land and other property; |
6. | Other documents or drawings specified by Presidential Decree. |
(2) | If a development zone stretches over two or more Cities/Dos, the Mayor/Do Governor whose administrative jurisdiction included in the development zone exceeds one-half of the area of the development zone shall have the authority to approve the implementation plan, or the right to present an opinion, under paragraph (1). In such cases, the Mayor/Do Governor shall consult with the Mayors/Do Governors involved. |
(3) | When a Mayor/Do Governor approves an implementation plan or when the State finalizes the implementation plan after hearing the opinion from a Mayor/Do Governor, he/she or it shall publicly notify the plan, as prescribed by Presidential Decree, and shall also notify the heads of relevant administrative agencies and heads of local governments thereof. |
(4) | Paragraphs (1) through (3) shall apply mutatis mutandis to any proposed revision to an implementation plan: Provided, That the foregoing shall not apply to any modification to any insignificant matter specified by Presidential Decree. |
Article 15 (Constructive Authorization, Permission, etc.) |
(1) | When a project implementer has obtained approval of or approval of any revision to an implementation plan under Article 14 or heard opinions thereon, the following permission, authorization, designation, approval, consultations, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, made, given, or completed with regard to matters on which consultations with the heads of relevant central administrative agencies have been conducted; and when the implementation plan is publicly notified pursuant to Article 14 (3), the authorization, permission, etc. under the Acts mentioned in the following subparagraphs shall be deemed to have been publicly notified or announced: <Amended by Act Nos. 9366 & 9401, Jan. 30, 2009; Act Nos. 9758 & 9763 & 9774, Jun. 9, 2009; Act No. 10267, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13805, Jan. 19, 2016; Act Nos. 14568 & 14569, Feb. 8, 2017; Act No. 16419, Apr. 30, 2019> |
4. | Deleted; <by Act No. 10267, Apr. 15, 2010> |
22. | Permission to implement a park project by a person, other than a park management agency under Article 20 of the Natural Parks Act (limited to the natural parks specified by Presidential Decree and the facilities that meet the criteria concerning the types and scale of park facilities prescribed by Presidential Decree, such as pleasure boat piers and esplanade, for which the determination of, or a revision to, the park plan has been publicly notified after deliberation by the park committee in the relevant park management agency); |
25. | Permission to use and make profits under Article 20 of the Public Property and Commodity Management Act; |
(2) | Any person who intends to obtain constructive authorization, permission, etc. under paragraph (1) shall submit relevant documents specified by the relevant Acts together, when he/she intends to file an application for the approval of or approval of any revision to an implementation plan or seek opinions thereon. |
(3) | When Mayors/Do Governors intend to approve an implementation plan or present their opinions thereon pursuant to Article 14, they shall consult in advance with the heads of relevant administrative agencies, if the implementation plan includes any matter falling under any subparagraph of paragraph (1). |
(4) | The period for consultation prescribed in paragraph (3) shall be 20 days. <Amended by Act No. 14945, Oct. 24, 2017> |
(5) | Where the heads of the relevant administrative agencies fail to submit their opinions within the period set forth in paragraph (4) (where the period for reply is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act, referring to such extended period), consultation shall be deemed to have been conducted. <Newly Inserted by Act No. 14945, Oct. 24, 2017> |
Article 16 (Expropriation and Use of Land, etc.) |
(1) | If necessary to implement a development project, any project implementer may expropriate or use any parcel of land, goods, or rights under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as "land, etc."): Provided, That any project implementer under Article 11 (1) 5 shall purchase parcels of land amounting to at least two-thirds of the area of land subject to the relevant development project and obtain consent of at least one-half of the total number of landowners. |
(3) | The Central Land Tribunal shall have jurisdiction over the adjudication on the expropriation or use of land, etc. under paragraph (1). |
(4) | Any project implementer may entrust the Mayors/Do Governors, the heads of Sis/Guns/Gus, or any other person specified by Presidential Decree with the affairs pertinent to the acquisition of land, etc. for the relevant development project and the compensation therefor, as prescribed by Presidential Decree. |
Article 17 (Direct Use of Land) |
(1) | Any project implementer under Article 11 (1) 5 shall directly use the land amounting to at least 30/100, in area and in value, of the land used for the main purpose of the relevant development project (including cases where the land is used by an enterprise that has invested in the capital of a project implementer under Article 11 (1) 5). |
(2) | If any project implementer fails to perform or neglects his/her obligation to use the land that was planned for the direct use under paragraph (1) in accordance with the relevant project promotion plan without any justifiable reason, the Mayors/Do Governors may issue an order to comply with the project promotion plan or an order that places a restriction on the disposal of the developed land. |
Article 18 (Restrictions on Disposition of State-Owned or Public Land) |
(1) | Any parcel of land owned by the State or a local government and located within an area for which a development plan was approved pursuant to Article 12 shall not be sold or otherwise transferred to any third party for any purpose other than the relevant development project, if the parcel of land is required for the project. |
(2) | Any property owned by the State or a local government and located within an area for which an implementation plan was approved pursuant to Article 14 may be sold to the relevant project implementer under a negotiated contract, notwithstanding the State Property Act, the Public Property and Commodity Management Act or any other statute. In such cases, the Mayors/Do Governors shall consult in advance with the head of the relevant administrative agency about the disuse and sale of the property. |
(3) | Upon receiving a request for consultation under the latter sentence of paragraph (2), the head of the relevant administrative agency shall take measures necessary for the disuse, sale, and other matters within 90 days from the date on which he/she was so requested. |
(4) | If it is not known which administrative agency is responsible for the management of State-owned property included in the property that is intended to be sold to a project implementer pursuant to paragraph (2), the Minister of Strategy and Finance shall take responsibility for the management of such property or dispose of it, notwithstanding provisions of other statutes. <Amended by Act No. 9598, Apr. 1, 2009> |
(5) | In executing a sale contract under paragraph (2), the Minister of Strategy and Finance, the authorities responsible for the management of State-owned property, or the head of each local government may make a special agreement that if the use of the property does not commence within an agreed period or the property is not used for a specific project he/she may cancel the contract. <Amended by Act No. 9598, Apr. 1, 2009> |
Article 19 (Vesting of Ownership of Public Facilities) |
(1) | Where the State or a local government, as a project implementer, installs any public facility, either new or as a replacement for a pre-existing public facility, as part of the development project implemented by it, the ownership of pre-existing public facility shall vest in the project implementer, while the ownership of the newly installed public facility shall vest in the State or the competent local government, whichever shall be responsible for the management of the facility, notwithstanding the State Property Act, the Public Property and Commodity Management Act, or any other statute. |
(2) | The ownership of any public facility newly installed by a project implementer, other than the State or a local government, as part of the development project implemented by him/her shall vest in the State or the competent local government, whichever shall be responsible for the management of the facility, while the property owned by the State or the competent local government and disused as a consequence of the replacement for the functions of the public facility as part of the development project implemented by him/her may be transferred to the relevant project implementer without charge to the extent that it covers the cost and expenses incurred in installation of the new public facility, notwithstanding the State Property Act, the Public Property and Commodity Management Act, or any other statute: Provided, That the value of the property owned by the State or the competent local government shall be appraised as on the day immediately following the approval date of the project, and if the appraised value of the disused property of the State or the competent local government is greater the project implementer shall be required to pay the difference. |
(3) | When a Mayor/Do Governor intends to approve the implementation of a development project in which the matters concerning the vesting and transfer of ownership of public facilities under paragraphs (1) and (2) are included or present his/her opinion thereon, he/she shall hear the opinions from the competent management authorities or local government in advance. |
(4) | Each project implementer shall notify the competent management authorities or local government, before the completion of the relevant development project, of the type and detailed list of assets with regard to the public facilities, the ownership of which shall vest in the State or the competent local government under paragraphs (1) and (2) and assets, the ownership of which shall vest in, or shall be transferred to, the project implementer, and the ownership of such public facilities and assets shall be deemed to be vested or transferred to the State, the local government, or the project implementer at the time when a notice of approval for completion is given to the management authorities or the local government upon completion of the project. |
(5) | For the purpose of the registration of public facilities and property under paragraph (4), a written approval of the relevant implementation plan (referring to a document certifying the fact that an opinion on the implementation of the relevant development project has been heard, if the project implementer is the State) and a written authorization for completion may serve as substitutes for documents certifying the cause of registration under the Registration of Real Estate Act. |
Article 20 (Final Inspection) |
(1) | Upon whole or partial completion of construction works of the development project, each project implementer (excluding the State or Mayors/Do Governors) shall prepare a project completion report for the final inspection of Mayors/Do Governors, as prescribed by Presidential Decree. |
(2) | Upon receiving the project completion report under paragraph (1), the Mayors/Do Governors shall conduct the final inspection without delay. |
(3) | If a Mayor/Do Governor recognizes as a result of the final inspection under paragraph (2) that the development project has been completed in conformity with the implementation plan, he/she shall issue a certificate of completion of final inspection to the project implementer and publicly announce the completion of the project, while if the project has not been completed in accordance with the implementation plan, he/she shall take necessary measures, such as corrective works, without delay. |
(4) | If the State or Mayors/Do Governors are project implementers, the State or Mayors/Do Governors shall publicly announce the completion of the project upon whole or partial completion of construction works of the development project. In such cases, if the project implementer is the State but is not the Minister of Land, Infrastructure and Transport, the project implementer shall consult in advance with the Minister of Land, Infrastructure and Transport and the Mayors/Do Governors, while if the project implementer is the Minister of Land, Infrastructure and Transport, he/she shall consult in advance with the Mayors/Do Governors. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
(5) | In conducting final inspections pursuant to paragraph (2) or in publicly announcing the completion of projects pursuant to paragraph (4), the matters about which the State or Mayors/Do Governors have already consulted with heads of relevant administrative agencies pursuant to paragraph (7) in connection with the final inspection and the authorization for completion for the constructive authorization, permission, etc. under Article 15 shall be deemed to have passed or obtained the relevant final inspection and the authorization for completion. |
(6) | If a project implementer (excluding the State or Mayors/Do Governors) intends to be entitled to the constructive final inspection and authorization for completion under paragraph (5), he/she shall submit the relevant documents specified by relevant Acts together, when he/she files an application for the final inspection under paragraph (1). |
(7) | In conducting final inspections pursuant to paragraph (2) or in publicly announcing the completion of projects pursuant to paragraph (4), the State or Mayors/Do Governors shall, if an inspection or public announcement involves any matter pertinent to the final inspection and authorization for completion for the constructive authorization, permission, etc. under Article 15, consult in advance with heads of relevant administrative agencies. |
CHAPTER III-2 SPECIAL CASES CONCERNING DESIGNATION AND DEVELOPMENT OF MARINE TOURISM PROMOTION DISTRICTS
Article 20-2 (Special Cases concerning Designation of Marine Tourism Promotion Districts) |
(1) | The Minister of Land, Infrastructure and Transport may designate a marine tourism promotion district at the request of Mayors/Do Governors, and shall publicly notify designation if he/she designates such district. |
(2) | Where the Minister of Land, Infrastructure and Transport intends to designate a marine tourism promotion district, in addition to performing the procedures prescribed in Article 7 (1), he/she shall conduct the following consultation or deliberation: |
1. | Consultations on strategic environmental impact assessment prescribed in Article 16 of the Environmental Impact Assessment Act (consultations shall be conducted regardless of whether the relevant matter is subject to strategic environmental impact assessment provided for in Article 9 of the Environmental Impact Assessment Act, and shall include consultations on impacts on natural scenery provided for in Article 28 of the Natural Environment Conservation Act); |
(3) | Where a comprehensive plan needs to be amended to designate a marine tourism promotion district, a Mayor/Do Governor shall submit a proposal of changes to the comprehensive plan jointly with the related Mayor/Do Governor when he/she requests the designation of a marine tourism promotion district referred to in paragraph (1). |
(4) | Where the Minister of Land, Infrastructure and Transport receives a request for designation of a marine tourism promotion district together with a proposal of changes to a comprehensive plan pursuant to paragraph (3), he/she may perform each of the following procedures, respectively necessary to change the comprehensive plan and to designate the marine tourism promotion district, at the same time for both purposes, and any decisions as to designation of the marine tourism promotion district and amendment to the comprehensive plan shall be made simultaneously: |
1. | Consultation with the heads of the relevant central administrative agencies; |
2. | Deliberation by the National Land Policy Committee. |
(5) | Where the Minister of Land, Infrastructure and Transport intends to designate a marine tourism promotion district, he/she shall take into account the following matters in addition to the matters specified in the subparagraphs of Article 7 (1): |
1. | The relevant district shall be consistent with the basic direction of the comprehensive plan; |
2. | The relevant district shall have good growth potential in areas such as tourism and recreation, without harming the harmony with coastal scenery; |
3. | The relevant district shall have high potential for investment promotion and meet the criteria for area, investment scale, etc. prescribed by Presidential Decree. |
(6) | A marine tourism promotion district may include a park area defined in subparagraph 5 of Article 2 of the Natural Parks Act, limited to areas where park facilities defined in subparagraph 10 of the same Article are installed. In such cases, deliberation by the National Park Committee shall be conducted pursuant to Article 7 (1), and the proviso to Article 12 (2) shall not apply to the development plan for the relevant park area. |
(7) | Not only when a marine tourism promotion district falls under any subparagraph of Article 9 (1), but when a marine tourism promotion district fails to meet the criteria specified in paragraph (5) 3, the Minister of Land, Infrastructure and Transport may cancel the designation of the relevant marine tourism promotion district. |
[This Article Newly Inserted by Act No. 14568, Feb. 8, 2017]
Article 20-3 (Special Cases concerning Application of Relevant Acts in Marine Tourism Promotion Districts) |
2. | Park areas prescribed in the Natural Parks Act (excluding nature conservation districts in a park and cultural heritage districts in a park referred to in Article 18 of the same Act); |
[This Article Newly Inserted by Act No. 14568, Feb. 8, 2017]
CHAPTER IV JOINT COUNCILS FOR DEVELOPMENT OF EAST, WEST, AND SOUTH COAST AREAS, OR INLAND AREAS, ETC.
Article 21 Deleted. <by Act No. 10758, May 30, 2011> |
Article 22 (Joint Councils for Development of East, West, and South Coast Areas, or Inland Areas) |
(1) | In order to deliberate on the following matters concerning the development of the coast areas or inland areas, a joint council for the development of the coast areas shall be established for each coast area, and a joint council for the development of the inland areas for each inland area, respectively: <Amended by Act No. 10267, Apr. 15, 2010> |
1. | Development of major policies on the development of the coast areas or inland areas; |
2. | Search for, and consultation on, joint development projects for the coast areas or inland areas; |
3. | Other matters necessary for the joint development of the coast areas or inland areas. |
(2) | The organization and operation of the joint councils for the development of the coast areas or inland areas and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10267, Apr. 15, 2010> |
Article 23 (Planning Team for Development of East, West, and South Coast Areas, and Inland Areas) |
(1) | In order to conduct business affairs on the development of the coast areas or inland areas, a planning team for the development of the east, west, and south coast areas, and inland areas (hereinafter referred to as the “Planning Team”) shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 10267, Apr. 15, 2010; Act No. 10758, May 30, 2011; Act No. 11690, Mar. 23, 2013> |
(2) | The Planning Team shall undertake the following affairs: <Amended by Act No. 10267, Apr. 15, 2010; Act No. 10758, May 30, 2011> |
1. | Drafting and planning policies on and systems for the development of the coast areas and inland areas; |
2. | Consultation on and adjustment of the development plans for the coast areas and inland areas; |
3. | Assistance in preparing agendas, etc. for deliberation by the National Land Policy Committee under Article 6 (1), 7 (1), 9 (1), 12 (3), 24 (1), 25 (1), or 26 (1); |
4. | Other matters necessary for the development of the coast areas and inland areas. |
(3) | The organization and operation of the Planning Team and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10267, Apr. 15, 2010> |
Article 23-2 (Establishment of Organization Exclusively in Charge of Developing East, West, and South Coast Areas, or Inland Areas) |
Mayors/Do Governors related to the coast areas or inland areas may establish under Cities/Dos an organization exclusively in charge of the following business affairs:
1. | Matters on the formulation of a draft comprehensive plan; |
2. | Matters on the implementation of the development projects reflected in the comprehensive plan; |
3. | Consultation on, and coordination of, the development plan; |
4. | Assistance in operating the joint councils for the development of the east, west, and south coast areas or inland areas; |
5. | Other matters necessary to develop the coast areas or inland areas. |
[This Article Newly Inserted by Act No. 10267, Apr. 15, 2010]
CHAPTER V SPECIAL CASES FOR INDUSTRIAL DEVELOPMENT AND PROMOTION OF TOURISM
Article 24 (High-Tech Science and Technology Complexes) |
(1) | Mayors/Do Governors may develop a high-tech science and technology complex in the coast areas or inland areas under subparagraph 8 of Article 2 of the Industrial Sites and Development Act (hereinafter referred to as "science and technology complex") within a development zone, after deliberation thereon by the National Land Policy Committee, in order to foster primary high-tech industries, encourage research on related technology, and nurture professional human resources. In such cases, deliberation by the National Land Policy Committee shall be deemed deliberation by the Industrial Location Policy Deliberation Committee and a Local Industrial Location Deliberation Committee under Article 3 of the Industrial Sites and Development Act. <Amended by Act No. 10267, Apr. 15, 2010; Act No. 10758, May 30, 2011; Act No. 11020, Aug. 4, 2011> |
(2) | The State and each local government may formulate policies necessary to develop and boost science and technology complexes and provide appropriate support therefor. |
Article 25 (Designation, etc. of Investment Promotion Districts) |
(1) | Mayors/Do Governors may designate an area necessary for attracting investments that meet the criteria prescribed by Presidential Decree in a development zone as an investment promotion district in the coast areas or inland areas (hereinafter referred to as "investment promotion district"), after deliberation thereon by the National Land Policy Committee. <Amended by Act No. 10267, Apr. 15, 2010; Act No. 10758, May 30, 2011> |
(2) | When Mayors/Do Governors designate an investment promotion district pursuant to paragraph (1), they shall publicly notify the following matters: |
1. | The name, location, and area of the investment promotion district; |
2. | The method of development or management; |
3. | Details of major projects. |
(3) | Matters necessary for procedures for, and method of designating investment promotion districts, the management thereof, and other relevant matters shall be prescribed by Presidential Decree. |
Article 26 (Cancellation of Designation of Investment Promotion Districts) |
(1) | Where investment under Article 25 fails to meet the criteria prescribed by Presidential Decree, Mayors/Do Governors shall cancel the designation of the relevant investment promotion district, after deliberation thereon by the National Land Policy Committee. <Amended by Act No. 10758, May 30, 2011> |
(2) | Matters necessary for procedures for cancelling designation of an investment promotion district under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree. |
Article 27 (Financial Support for Moving-in Enterprises) |
(1) | The State or each local government shall provide the utmost support to enterprises that move into a science and technology complex or an investment promotion district (hereinafter referred to as "moving-in enterprises") upon receiving a request from such enterprises for a loan for the purchase price for land, the abatement or exemption of rent for land or other property, or support for the funds required for the development project. |
(2) | The Minister of Strategy and Finance, the management authorities responsible for State-owned property, or the head of each local government may allow moving-in enterprises to use, for profit, the land or a factory owned by the State or the local government or any other State-owned or public property or lease or sell such property to moving-in enterprises under a negotiated contract, notwithstanding the State Property Act and the Public Property and Commodity Management Act. <Amended by Act No. 9598, Apr. 1, 2009> |
(3) | In granting permission for use for profit, or in executing a contract for lease or sale, under paragraph (2), the Minister of Strategy and Finance, the authorities responsible for the management of State-owned property, or the head of each local government may make an special agreement that if the use of the property does not commence within an agreed period or the property is not used for a specific project, he/she may cancel the contract. <Amended by Act No. 9598, Apr. 1, 2009> |
Article 28 (Promotion of Marine Tourism Industry) |
(1) | Mayors/Do Governors related to the coast areas shall formulate and implement policies necessary to promote the marine tourism industry in the coast areas. <Amended by Act No. 10267, Apr. 15, 2010> |
(2) | The State may formulate policies necessary to promote the marine tourism industry in the coast areas under paragraph (1) and provide appropriate support therefor. In such cases, the following matters shall be reflected therein: <Amended by Act No. 10267, Apr. 15, 2010> |
1. | Measures for the conservation and reinstatement of marine tourism resources; |
2. | Methods for the protection of the marine environment and fishers' participation in the marine tourism industry; |
3. | The use of marine tourism resources specified by Presidential Decree. |
Article 29 (Promotion of Cultural Tourism Industry) |
(1) | Mayors/Do Governors shall formulate and implement policies necessary to promote the cultural tourism industry in the coast areas or inland areas and activities for the development of local cultural tourism products. <Amended by Act No. 10267, Apr. 15, 2010> |
(2) | The State may formulate policies necessary to promote the cultural tourism industry in the coast areas or inland areas and activities for the development of local cultural tourism products under paragraph (1) and provide appropriate support therefor. <Amended by Act No. 10267, Apr. 15, 2010> |
Article 29-2 (Special Cases concerning Use of Abolished School Properties) |
(1) | Notwithstanding Article 76 of the National Land Planning and Utilization Act, abolished school properties located on an island within coast areas (referring to abolished school properties under subparagraph 2 of Article 2 of the Special Act on the Promotion of Utilization of Abolished School Property; hereinafter the same shall apply) may be used as the following facilities: |
1. | Facilities prescribed by Presidential Decree out of educational facilities under subparagraph 3 of Article 2 of the Special Act on the Promotion of Utilization of Abolished School Property; |
2. | Facilities prescribed by Presidential Decree out of cultural facilities under subparagraph 5 of Article 2 of the Special Act on the Promotion of Utilization of Abolished School Property. |
(2) | Procedures for using abolished school properties under paragraph (1) shall be as prescribed by the Special Act on the Promotion of Utilization of Abolished School Property. |
[This Article Newly Inserted by Act No. 16419, Apr. 30, 2019]
Article 30 (Special Cases in Application of the Installation and Utilization of Sports Facilities Act) |
Article 30-2 (Application Mutatis Mutandis) |
In implementing a project prescribed by Presidential Decree (hereinafter referred to as “related project”), which is directly related to a development project outside a development zone, Articles 10, 14 through 16, 18 through 20, 32 through 37, 37-2, 37-3, 38 and 39 shall apply mutatis mutandis to the project. In such cases, “development project” shall be deemed to be “related project”; “development zone” or “zone for which a development plan is approved under Article 12” to be “zone for which a related project is implemented,” respectively; “implementation plan” to be “implementation plan regarding a related project.”<Amended by Act No. 16419, Apr. 30, 2019> [This Article Newly Inserted by Act No. 10267, Apr. 15, 2010]
CHAPTER VI FINANCIAL SUPPORT
Article 31 (Grant, etc. of Subsidies from National Treasury) |
(1) | Subsidies granted by the State for the projects specified by Presidential Decree, among development projects, may be increased according to the subsidization rate prescribed by Presidential Decree, notwithstanding the differential subsidization rates specified in Article 10 of the Subsidy Management Act and the subsidization rate specified in any other Act. <Amended by Act No. 10898, Jul. 25, 2011> |
(2) | The State or each local government may give priority to investing in public facilities related to development projects, such as roads, waterworks, sewerage systems, energy supply systems, information and communications systems, water supply facilities, airports, ports, harbors, ships, and basic environmental facilities. |
(3) | The State may grant subsidies from the National Treasury to each project, as provided by the Subsidy Management Act, in order to effectively promote resolutions passed by the National Land Policy Committee on the governmental support in accordance with an annual investment plan established pursuant to Article 12. <Amended by Act No. 10758, May 30, 2011; Act No. 10898, Jul. 25, 2011> |
(4) | The Minister of Culture, Sports and Tourism may grant the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act, as loans or subsidies, to local governments or project implementers for the development of the marine tourism industry and the cultural tourism industry in the coast areas, the cultural tourism industry in the inland areas, etc. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 10267, Apr. 15, 2010> |
Article 31-2 (Tax Exemption or Reduction) |
(1) | If necessary to ensure the efficient implementation of a development project for a development zone, the State and local governments may grant to the relevant project implementer the reduction of, or exemption from corporate tax, income tax, customs, acquisition tax, registration tax, property tax, or other taxes, as prescribed by tax-related Acts, including the Restriction of Special Taxation Act, the Customs Act, and the Local Tax Act. |
(2) | The State and local governments may grant to domestic and foreign moving-in enterprises the reduction of, or exemption from corporate tax, income tax, customs, acquisition tax, registration tax, property tax, or other taxes, as prescribed by tax-related Acts, including the Restriction of Special Taxation Act, the Customs Act, and the Local Tax Act. |
[This Article Newly Inserted by Act No. 10267, Apr. 15, 2010]
Article 32 (Abatement of and Exemption from Charges) |
The State or each local government may, if necessary for the implementation of development projects, grant project implementers the abatement of, or the exemption from, the development charge, the farmland conservation charge, the cost of development of substitute grassland, or the rent for occupancy and use of public waters or river, as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Grassland Act, the Public Waters Management Act, or the River Act.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 33 (Measures for Stabilization of Real Estate Prices and Deterrence of Reckless Development) |
(1) | The Minister of Land, Infrastructure and Transport and Mayors/Do Governors shall take measures necessary to stabilize real estate prices in development zones and neighboring areas. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
(2) | Mayors/Do Governors shall request the heads of relevant central administrative agencies to take the following measures for areas in which speculative investment in real estate or a sudden rise in real estate prices is likely to occur due to a suggestion on the designation of a development zone: <Amended by Act Nos. 13805 & 13805, Jan. 19, 2016> |
4. | Other measures necessary for the stabilization of real estate prices. |
(1) | If any project implementer under this Act falls under any of the following subparagraphs, Mayors/Do Governors may cancel authorization, approval, permission, registration, or designation under this Act, suspend the validity thereof, suspend construction works, issue an order to rebuild, alter, relocate, or demolish a building or structure, or take any other necessary measure: |
1. | If a project implementer obtains authorization, approval, permission, registration, or designation under this Act by deceit or in any other fraudulent means; |
2. | If the continued implementation of a development project due to any change in circumstances is deemed impossible or if public interest is deemed likely to be undermined; |
3. | If a project implementer violates this Act or an order or a disposition issued or made pursuant to this Act. |
(2) | When a Mayor/Do Governor makes any disposition under paragraph (1), he/she shall give public notice thereof through the official bulletin of the City/Do. |
When the Mayors/Do Governors intend to cancel authorization, approval, permission, registration, or designation pursuant to Article 34 (1), they shall hold a hearing.
Article 36 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport or Mayors/Do Governors may delegate part of his/her or their authority under this Act to the Mayors/Do Governors or heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 9598, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
CHAPTER VIII PENALTY PROVISIONS
Article 37 (Penalty Provisions) |
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. | Deleted; <by Act No. 12979, Jan. 6, 2015> |
2. | A person who has obtained approval or amended approval for a development plan under Article 12 (1) by deceit or in any other fraudulent way; |
3. | A person who has obtained approval or amended approval for an implementation plan under Article 14 (1) by deceit or in any other fraudulent way; |
4. | A person who implements a development project without obtaining approval or amended approval for the relevant implementation plan under Article 14 (1). |
Article 37-2 (Penalty Provisions) |
A person who obtains permission or amended permission under Article 10 (1) by fraud or improper means shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. [This Article Newly Inserted by Act No. 12979, Jan. 6, 2015]
Article 37-3 (Penalty Provisions) |
A person who, without permission or amended permission under Article 10 (1), engages in any activity referred to in the same paragraph shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. [This Article Newly Inserted by Act No. 12979, Jan. 6, 2015]
Article 38 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent, an employee, or a servant of a legal entity or a private individual committed an offense under Article 37, 37-2 or 37-3 in the scope of the business of the legal entity or the private individual, not only shall such an offender be punished accordingly, but the legal entity or the private individual shall also be punished by the fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where a legal entity or a private individual had not neglected reasonable care and supervision in connection with the relevant matter in order to prevent such offense. <Amended by Act No. 12979, Jan. 6, 2015> [This Article Wholly Amended by Act No. 9598, Apr. 1, 2009]
Article 39 (Administrative Fines) |
(1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: |
1. | A person who fails to comply with an order issued by the head of the competent Si/Gun/Gu pursuant to Article 10 (4); |
2. | A person who fails to comply with an order issued by the competent Mayor/Do Governor pursuant of Article 17 (2); |
3. | A person who fails to comply with a disposition made or an order issued by the competent Mayor/Do Governor pursuant to Article 34 (1). |
(2) | Administrative fines under paragraph (1) shall be imposed and collected by the head of the competent Si/Gun/Gu or the competent Mayor/Do Governor, as prescribed by Municipal Ordinance of Si/Gun/Gu or City/Do. |
(3) | through (5) Deleted. <by Act No. 9598, Apr. 1, 2009> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Effective Period)
This Act shall remain in effect until December 31, 2020.
Article 3 (Transitional Measure concerning Existing Projects)
Where any existing project that has already passed through any procedure similar to the one under this Act pursuant to any other Act in force as at the time this Act enters into force is determined and publicly notified to be included in the comprehensive plan for the development of the east, west, and south coast areas under Article 6 of this Act, such a project shall be deemed to have been designated, approved, and publicly notified to be included in a development zone for the development of the east, west, or south coastal area and the plan for the development of the east, west, or south coastal area under this Act. Article 4 (Transitional Measure concerning Development Projects in Progress at End of Effective Period)
Any development project for which an implementation plan under Article 14 is approved at the end of the period of effectiveness this Act shall remain governed by this Act until such projects is completed. Article 5 (Transitional Measure concerning Penalty Provisions)
In applying penalty provisions to, or imposing administrative fines for, any act committed before the end of the effective period of this Act, such act shall be governed by the provisions applicable at the time when such an act is committed.
Article 6 Omitted.
ADDENDUM <Act No. 9050, Mar. 28, 2008>
This Act shall enter into force on June 28, 2008.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9366, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 9598, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 10267, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Finalization of Comprehensive Plans, Designation of Development Zones, Designation of Project Implementers, Approval of Development Plans, Approval of Implementation Plans, etc.)
Where the finalization of a comprehensive plan, designation of a development zone, designation of a project implementer, approval of a development plan, approval of an implementation plan, etc. has been made under the former provisions as at the time this Act enters into force, such finalization of the comprehensive plan, designation of the development zone, designation of the project implementer, approval of the development plan, approval of the implementation plan, etc. shall be deemed to have been made under this Act, respectively.
Article 3 (Transitional Measures concerning Public Notice, Dispositions, and Acts in Progress)
Any public notice, administrative disposition, and other acts by an administrative agency, and any application, reporting, and act in regard to an administrative agency made or done under the former provisions as at the time this Act enters into force, shall be deemed to have been made or done by or with regard to the administrative agency under the corresponding provisions of this Act.
Article 4 (Transitional Measures following Establishment of Committee for Development of East, West, and South Coast Areas, and Inland Areas)
The committee for development of the east, west, and south coast areas, the joint councils for the development of the east, west, and south coast areas, and the planning team for the development of the east, west, and south coast areas established under the former provisions as at the time this Act enters into force, shall be deemed the committee for development of the east, west, and south coast areas, and inland areas, the joint councils for the development of the coast areas or inland areas, and the planning team for the development of the east, west, and south coast areas, and inland areas, established under this Act, respectively.
Article 5 Omitted.
Article 6 (Relations with other Statutes)
Where the former Special Act on the Development of East, West, and South Coast Areas or the provisions thereof are cited in other statutes as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to have been cited in place of the former provisions, if provisions corresponding thereto exist herein.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10758, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10898, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
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. 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. 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.
ADDENDUM <Act No. 12979, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
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. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
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. 14568, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Periods for Consultations on Comprehensive Plans and Development Zones)
The amended provisions of Articles 6 (3) and 7 (10) shall apply to consultations conducted after this Act enters into force. Article 3 (Transitional Measures concerning Consultation Periods for Constructive Authorization, Permission, etc.)
Notwithstanding the amended provisions of Article 15 (4), the former provisions shall apply to any request for consultation made before this Act enters into force.
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. 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. 14945, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Deeming Consultations on Constructive Authorization, Permission, etc. to Have Been Conducted)
The amended provisions of Article 15 (4) and (5) shall apply when a request for consultation is made after this Act enters into force.
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.
ADDENDUM <Act No. 16139, Dec. 31, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16419, Apr. 30, 2019>
This Act shall enter into force three months after the date of its promulgation.