ACT ON NATIONAL DEFENSE AND MILITARY INSTALLATIONS PROJECTS
Wholly Amended by Act No. 10926, Jul. 25, 2011
Amended by Act No. 12248, Jan. 14, 2014
Act No. 13770, Jan. 19, 2016
Act No. 14113, Mar. 29, 2016
Act No. 14418, Dec. 20, 2016
Act No. 14532, Jan. 17, 2017
Act No. 16350, Apr. 23, 2019
The purpose of this Act is to promote the smooth execution of national defense and military installations projects and contribute to the rational utilization of national land and the protection of the property rights of the people.
The Definitions of terms used in this Act shall be as follows: <Amended by Act No. 13770, Jan. 19, 2016>
| 1. | The term "national defense and military installations" means facilities falling under any of the following items: |
| (a) | Facilities necessary for military operations, combat readiness, education and training, and barrack life, etc.; |
| (b) | Research and test facilities on national defense and military affairs; |
| (c) | Facilities for storage and disposal of military oil and explosives; |
| (d) | Facilities built in positions; |
| (e) | Facilities concerning obstacles or explosives for military purposes; |
| (f) | Facilities necessary for military purposes, such as facilities in a military camp of foreign troops stationed in the Republic of Korea and housing facilities for the residence of such foreign troops' servicemen, civilian workers, and their families in the military; |
| (g) | Other facilities attached to a military camp and necessary for the residence, welfare, physical training or recreation of servicemen. |
| 2. | The term "national defense and military installations project" means a project falling under any of the following items: |
| (a) | A project concerning the building, relocation and modification of national defense and military installations; |
| (b) | A project concerning measures for the emigration of emigrants to emigrate due to national defense and military installations or a project under item (a). |
| 3. | The term "land, etc." means objects or rights under the following items: |
| (b) | Rights other than land ownership; |
| (c) | Rights other than the ownership of standing trees, buildings and other objects fixed on land necessary for a national defense and military installations project along with land, and rights thereto other than the ownership; |
| (d) | A mining right and fishing right, or a right to the use of water; |
| (e) | A right to earth, stones, sand or gravel belonging to land. |
| 4. | The term "post" means a place at which a military unit or agency of the Armed Forces of the Republic of Korea under the Act on the Organization of National Armed Forces, or a body of foreign troops stationed in the Republic of Korea is stationed in order to perform duties for military purposes (including a candidate place for a military post after obtaining an approval for a national defense and military installations project pursuant to the former part of the main sentence of Article 4 (1) or a national defense and military installations project pursuant to the main sentence of Article 6 (1)); |
| 5. | The term "site for a military camp" means land that the Minister of National Defense manages under the State Property Act or uses with approval from a general control agency, as a site at which national defense and military installations are built, which is necessary for the utilization, maintenance and management of national defense and military installations. |
| Article 3 (Owners of National Defense and Military Installations Projects) |
A person who may execute a national defense and military installations project shall be a person who falls under any of the following subparagraphs (hereinafter referred to as "project owner"): <Amended by Act No. 13770, Jan. 19, 2016>
| 1. | The heads of agencies belonging to the Ministry of National Defense (including the commanders of units under the direct control of the Ministry of National Defense); |
| 2. | The Army Chief of Staff, the Chief of Naval Operations, the Air Force Chief of Staff, or the Commandant of the Marine Corps; |
| 3. | Those who execute national defense and military installations projects in accordance with other Acts; |
| 4. | Those designated by the Minister of National Defense, as prescribed by Presidential Decree, among those who fall under any of the following items: |
| (e) | Other persons deemed necessary for the smooth execution of national defense and military installations projects. |
| Article 4 (Approval of Plans for National Defense and Military Installations Projects) |
| (1) | Where a project owner intends to execute a national defense and military installations project under each of the following subparagraphs, he/she shall formulate a plan for the national defense and military installations project (hereinafter referred to as "project plan") and obtain approval from the Minister of National Defense. The same shall also apply where he/she intends to modify (excluding where he/she changes any minor matters prescribed by Presidential Decree) or discontinue a project plan: |
| 1. | A project that involves more than 50 owners of land, etc.; |
| 2. | A project, the area required for the execution of which is not less than 330,000 square meters; |
| 3. | Other projects deemed necessary by the Minister of National Defense or a project owner in order to protect the property rights of the people and achieve national defense and military purposes. |
| (2) | A project owner shall include the following matters in a project plan: |
| 1. | The outline, size and scope of the project; |
| 2. | The location and area of the planned project area; |
| 3. | Where a project owner intends to expropriate or use land, etc. pursuant to Article 5, the location, lot number, land category, area of land, etc. that he/she intends to expropriate or use, details of the ownership and rights other than the ownership of such land, etc., and names and domiciles of the owners and right holders thereof; |
| 5. | The time and period for execution of the project; |
| 6. | Matters concerning the project cost; |
| 7. | Matters concerning the utilization of land; |
| 8. | A plan to build key infrastructure; |
| 9. | Where buildings or important facilities exist in a planned project area, a report on such objects; |
| 11. | Other matters prescribed by Presidential Decree, such as a method for execution of the project. |
| (3) | Where the Minister of National Defense intends to approve a project plan which includes details of the expropriation or use of land, etc., he/she shall publicly announce a project plan, hear opinions of landowners and the parties interested in a planned project area and consult with the head of the relevant central administrative agency and the head of the relevant local government, as prescribed by Presidential Decree. |
| (4) | When the Minister of National Defense has approved a project plan pursuant to paragraph (1), he/she shall give public notice of such approval in the Official Gazette and notify the head of the relevant central administrative agency and the Mayor of the competent Special Metropolitan City, the Mayor of the competent Metropolitan City, the Mayor of the competent Metropolitan Autonomous City, the Governor of the competent Do, or the Governor of the competent Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor”) and the head of the competent Si/Gun/Gu (the head of the competent Gu refers to the head of the competent autonomous Gu; hereinafter the same shall apply) of such approval: Provided, That the Minister need not to give public notice or notify of matters concerning classified national defense information, or may give public notice or notify of such matters after appropriately redacting them. <Amended by Act No. 13770, Jan. 19, 2016> |
| (5) | The Mayor of the competent Metropolitan Autonomous City, the Governor of the competent Special Self-Governing Province, and the head of the competent Si/Gun/Gu notified under paragraph (4) shall provide a project plan for the perusal by residents with a fixed period of at least 14 days. <Amended by Act No. 13770, Jan. 19, 2016> |
| Article 5 (Expropriation and Use) |
| (1) | A project owner who has obtained approval of a project plan containing details of the expropriation or use of land, etc. may expropriate or use land, etc. necessary for a national defense and military installations project in an area for which a public notice of the project plan has been issued under Article 4 (4). |
| Article 6 (Approval for Action Plans for National Defense and Military Installations Projects) |
| (1) | A project owner of a national defense and military installations project that involves construction of buildings, construction of structures and change of the shape and quality of land shall formulate an action plan for the national defense and military installations project (hereinafter referred to as "action plan") and obtain approval from the Minister of National Defense: Provided, That this shall not apply to a national defense and military installations project that does not require authorization, permission, etc. under the subparagraphs of Article 7 (1). |
| (2) | Where a project owner intends to modify or discontinue an action plan approved pursuant to the main sentence of paragraph (1), he/she shall obtain approval from the Minister of National Defense: Provided, That this shall not apply where he/she intends to change any minor matters prescribed by Presidential Decree. |
| (3) | A project owner shall include the following matters in an action plan: |
| 1. | The outline, size, and scope of the project; |
| 2. | The location and area of the planned project area; |
| 4. | The method for execution of the project; |
| 5. | The time and period for execution of the project; |
| 6. | Matters concerning the project cost; |
| 7. | The proposed ground plan and outlined design drawings and specifications; |
| 8. | The detailed plan for execution of the project; |
| 9. | The written review on whether details under subparagraphs 7 and 8 are in compliance with related statutes; |
| 10. | Where deemed matters including authorization and permission under the subparagraphs of Article 7 (1) exist, the details thereof and related documents prescribed by the relevant statutes; |
| 11. | Other matters prescribed by Presidential Decree, such as matters concerning the execution of construction work. |
| (4) | When the Minister of National Defense has approved an action plan pursuant to paragraph (1) and (2), he/she shall give public notice of such approval in the Official Gazette and notify the head of the relevant central administrative agency, the Mayor of the competent City/Do, and the head of the competent Si/Gun/Gu of such approval: Provided, That the Minister need not give public notice or notify of matters concerning classified national defense information, or may give public notice or notify of such matters after appropriately redacting them. <Amended by Act No. 13770, Jan. 19, 2016> |
| (5) | The Mayor of the competent Metropolitan Autonomous City, the Governor of the competent Special Self-Governing Province, and the head of the competent Si/Gun/Gu notified under paragraph (4) shall provide a project plan for the perusal by residents with a fixed period of at least 14 days. <Amended by Act No. 13770, Jan. 19, 2016> |
| Article 7 (Authorization, Permission, etc. Deemed Granted) |
| (1) | When the Minister of National Defense approves an action plan under Article 6 (1) or a modification in the action plan under Article 6 (2), with regard to matters on which he/she has consulted with the head of the relevant administrative agency pursuant to paragraph (2) on any of the following permission, authorization, designation, approval, consultation, report, cancellation, determination, consent, and the formulation of a plan, and a modification therein, etc. (hereinafter referred to as "authorization, permission, etc."), a project owner shall be deemed to have obtained the relevant authorization, permission, etc., and where a public notice of the action plan has been given pursuant to Article 6 (4), a public notice of authorization, permission, etc. under the following Acts shall be deemed to have been given, or such authorization, permission, etc. shall be deemed to have been publicly notified or announced: Provided, That permission to do an act in a park area granted under Article 23 of the Natural Parks Act, which is prescribed in subparagraph 15, shall be limited to national defense and military installations projects defined in subparagraph 1 (a) through (e) of Article 2: <Amended by Act No. 12248, Jan. 14, 2014; Act No. 14113, Mar. 29, 2016; Act No. 14532, Jan. 17, 2017> |
| (2) | When the Minister of National Defense approves an action plan pursuant to Article 6 (1) or a modification in the action plan pursuant to Article 6 (2), and the details of such approval includes matters falling under any of the subparagraphs of paragraph (1), he/she shall consult in advance with the head of the relevant administrative agency. |
| (3) | Upon receipt of a request for consultation by the Minister of National Defense pursuant to paragraph (2), the head of the relevant administrative agency shall present his/her opinion in writing clearly stating the specific reasons and grounds within 30 days from the date he/she is requested to be consulted, and where he/she fails to present his/her opinion within such period, he/she shall be deemed to have been consulted. |
| Article 8 (Special Cases on Building, etc. of National Defense and Military Installations) |
| (1) | A project owner who intends to build, construct, overhaul, or change uses of national defense and military installations (hereinafter referred to as "building, etc.") shall obtain approval from the Minister of National Defense, as prescribed by Presidential Decree, notwithstanding the provisions of Articles 11 (excluding paragraphs (5) and (6)), 14, 19, 29 (1), and 83 of the Building Act. <Amended by Act No. 13770, Jan. 19, 2016> |
| (2) | If the Minister of National Defense approves pursuant to paragraph (1), he/she shall notify the Mayor of the relevant Metropolitan Autonomous City, the Governor of the relevant Special Self-Governing Province, or the head of the relevant Si/Gun/Gu (in cases falling under the proviso to Article 11 (1) of the Building Act, referring to the Mayor of the relevant Special Metropolitan City or the Mayor of the relevant Metropolitan City; hereafter the same shall apply in this Article) of such approval. <Amended by Act No. 13770, Jan. 19, 2016> |
| (3) | Where the Minister of National Defense has notified the Mayor of the Metropolitan Autonomous City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu of matters concerning the building, etc. of national defense and military installations in accordance with paragraph (2), building permission therefor, building report thereon, permission for change of use thereof, or report on change of use thereof granted or made under Articles 11, 14, 19, or 83 of the Building Act shall be deemed granted or made; or a consultation held under Article 29 (1) of the same Act shall be deemed held. <Amended by Act No. 13770, Jan. 19, 2016> |
| (4) | Notwithstanding Articles 16, 17, 20 (1) and (2), 21 (1), 25, 27, 36 (1), and 79 of the Building Act, the Minister of National Defense shall grant permission, etc., in accordance with the corresponding provisions, for national defense and military installations which building permission therefor, building report thereon, permission for change of use thereof, or report on change of use thereof deemed to have been granted or made under paragraph (3). |
| (5) | Where the Minister of National Defense deems it necessary as a result of an investigation of national defense and military installations that he/she has approved pursuant to paragraph (1) as to whether such installations have violated this Act and the Building Act, he/she shall order a project owner to take measures necessary for the correction thereof, and notify the Mayor of the Metropolitan Autonomous City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu of the outcomes thereof. <Amended by Act No. 13770, Jan. 19, 2016> |
| Article 9 (Special Cases on Inspection of Completion, etc. of National Defense and Military Installations) |
| (1) | If a project owner completes a national defense and military installations project, he/she shall apply for inspection of completion to the Minister of National Defense, as prescribed by Presidential Decree. |
| (2) | Where the Minister of National Defense receives an application for inspection of completion pursuant to paragraph (1), he/she shall conduct an inspection of completion, as prescribed by Presidential Decree, and with regard to national defense and military installations that have successfully passed the inspection of completion, shall notify the Mayor of the Metropolitan Autonomous City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu of the outcomes thereof, as prescribed by Presidential Decree: Provided, That where national defense and military installations that have successfully passed the inspection of completion are buildings falling under the proviso to Article 11 (1) of the Building Act, he/she shall notify the Mayor of the Special Metropolitan City or the Mayor of the Metropolitan City of such fact, and in turn the Mayor of the Special Metropolitan City or the Mayor of the Metropolitan City notified shall notify the head of the Gun/Gu thereof. <Amended by Act No. 13770, Jan. 19, 2016> |
| (3) | If the Minister of National Defense notifies of the outcomes of an inspection of completion pursuant to paragraph (2), the head of the relevant local government shall be deemed obtained approval for use of the relevant national defense and military installations under Article 22 of the Building Act, or notified pursuant to the proviso to Article 29 (3) of the Building Act. |
| (4) | If the Mayor of a Metropolitan Autonomous City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu is notified pursuant to paragraph (2), he/she shall, without delay, state the relevant matter in the building register or the register for management of structures under statutes related to building. <Amended by Act No. 13770, Jan. 19, 2016> |
| Article 10 (Exclusion from Application of Special Cases on Approval for Building and Inspection of Completion) |
Articles 8 and 9 shall not apply to the following building, etc. among national defense and military installations: | 1. | Installations necessary for the residence, welfare, sports, rest, etc. of soldiers, civilian personnel in the military service, and their families which are executed outside the posts of military units; |
[This Article Wholly Amended by Act No. 13770, Jan. 19, 2016]
| Article 11 (Access, etc. to Land, etc. of Third Persons) |
| (1) | If necessary to do the following acts, a project owner may have access to land of third persons, use land of third persons as a material yard or temporary road, and if particularly necessary, he/she may change or remove trees, earth, stones, sand, gravel or other obstacles: |
| 1. | Research on the trends of land prices and the conditions of land transaction; |
| 2. | Research or survey on, or the execution of a project plan or action plan. |
| (3) | Where a person who has suffered a loss (excluding the State and a local government) by an act under paragraph (1) exists, a project owner shall compensate him/her for such loss and consult with him/her when compensating him/her for such loss. |
| Article 12 (Special Cases on Donation and Transfer) |
| (1) | A project owner designated pursuant to subparagraph 4 of Article 3 may donate to the State national defense and military installations (including commodities necessary for the use, maintenance, or management of such installations) newly built in order to relocate the existing national defense and military installations. <Amended by Act No. 13770, Jan. 19, 2016> |
| (2) | The State may transfer general property that is disused because the function thereof has been replaced to a person who has donated installations replacing the existing national defense and military installations pursuant to paragraph (1) in accordance with the State Property Act. |
| (3) | With regard to a national defense and military installations project conducted in the manner that a project owner who has donated installations replacing existing national defense and military installations is transferred disused general property pursuant to paragraphs (1) and (2), the Minister of National Defense shall report the plan for the relevant national defense and military installations project and the action plan therefor, which are approved pursuant to paragraphs (1) and (2), and the current status of the relevant national defense and military installations project, to the competent standing committee of the National Assembly by not later than May 31 each year. <Newly Inserted by Act No. 14418, Dec. 20, 2016> |
| Article 13 (Transfer of Housing Site for Emigration) |
| Article 14 (Consultation on Determination, etc. of Urban and Military Management Plan on Site for Military Camp) |
Where the head of the relevant central administrative agency, the City/Do Mayor intends to determine an urban and military management plan under Article 30 of the National Land Planning and Utilization Act (including cases applied mutatis mutandis to the Mayor of a large city pursuant to paragraph (7) of the same Article) or to determine to build a planned urban and military facilities under Article 43 of the same Act on a region including a site for a military camp, he/she shall consult in advance with the Minister of National Defense. <Amended by Act No. 13770, Jan. 19, 2016>
| Article 14-2 (Fact-Finding Survey) |
| (1) | The Minister of National Defense shall conduct a fact-finding survey concerning the current status of the building and use of national defense and military installations every two years and report the outcome thereof to the competent standing committee of the National Assembly. |
| (2) | The fact-finding survey under paragraph (1) shall include the following: |
| 1. | Matters concerning national defense and military installations built on private land; |
| 2. | Matters concerning national defense and military installations built without consultation with the head of a relevant administrative agency; |
| 3. | Matters concerning the current status of idle national defense and military installations; |
| 4. | Other matters concerning national defense and military installations, deemed necessary by the Minister of National Defense. |
| (3) | Where it is confirmed based on the outcome of the fact-finding survey under paragraph (1) that the State has failed to secure the source of right, such as ownership or right to use, on the land used and occupied as national defense and military installations, the Minister of National Defense shall publicly announce such fact by means of publishing on the website, etc. |
| (4) | Other matters necessary for the methods of, procedures for, etc. fact-finding surveys and public announcement thereon shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16350, Apr. 23, 2019]
| Article 15 (Delegation of Authority) |
The Minister of National Defense may delegate part of his/her authority under this Act to the head of an agency belonging to the Ministry of National Defense (including the commander of a military unit under the direct control of the Ministry of National Defense) or the Chief of Staff of each armed forces branch.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases for Application of the Act on Land Planning and Utilization and the Building Act to Existing Defense and Military Installations)
| (1) | Among the defense and military installations built without building permission therefor, building report thereon, approval for use thereof, or consultation thereon as required under Articles 11, 14, 22, or 29 of the Building Act, those verified to satisfy the following standards provided in paragraphs (2) through (4) shall be deemed installations installed or built in compliance with the corresponding provisions of the Building Act: |
| 1. | The installations shall be built on land owned by the State (limited to where disposal, etc. of such land is not restricted in accordance with relevant Acts); |
| 2. | The installations shall satisfy the safety and evacuation regulations specified in Articles 48, 48-2, 49, 50, 50-2, 51, 52, 52-2, 52-3, and 53 of the Building Act. |
| (2) | The heads of agencies under the Ministry of National Defense and the Chief of Staff of each armed service who use the defense and military installations falling under paragraph (1) shall apply for suitability confirmation to the Minister of National Defense along with a suitability confirmation application in the form determined by the Minister of National Defense, accompanied by the current-state drawing and the result of field examination of the relevant defense and military installations. |
| (3) | Where the Minister of National Defense confirms that the defense and military installations for which an suitability confirmation application is filed under paragraph (2) satisfy the standards specified in each subparagraph of paragraph (1), the Minister shall notify such fact to the head of the competent administrative agency and the head of a Si/Gun/Gu who have jurisdiction over the matter provided in each subparagraph of Article 7 (1), accompanied by the layout of installations, building-list report, current-state drawing, and the documents verifying the ownership or the right of use of the land, and publicly notify them. |
| (4) | Where public notice is given as provided in paragraph (3), the relevant defense and military installations shall be deemed that approval for use thereof is granted under Article 22 of the Building Act, notwithstanding the related regulations of the Building Act. |
[This Article Newly Inserted by Act No. 13770, Jan. 19, 2016]
Article 3 (Transitional Measures concerning Projects in Progress)
| (1) | Where a project owner has obtained approval of an action plan pursuant to the former Article 4 as at the time this Act enters into force, he/she shall be deemed to have obtained approval of a plan for a national defense and military installations project under the amended provisions of Article 4 (1) and have obtained approval of an action plan for a national defense and military installations project under the amended provisions of Article 6 (1) or (2). |
| (2) | Where permission, reporting, approval, consultation, notification, etc., relating to national defense and military installations, are in progress pursuant to Articles 11, 14, 16, 17, 19, 20 (1) and (2), 21 (1), 22, 25, 27, 29 (1) and (3), and 36 (1) and 79 of the Building Act as at the time this Act enters into force, the relevant permission, reporting, approval, consultation, notification, etc. shall be completed as prescribed by the corresponding provisions of the Building Act, notwithstanding the amended provisions of Articles 8 and 9. |
| (3) | Where the building permission and reporting or consultation regarding national defense and military installations has been completed pursuant to paragraph (2), and the building permission and reporting or consultation has been completed pursuant to Articles 11, 14, 16, and 29 (1) of the Building Act, as at the time this Act enters into force, the relevant permission, reporting, approval, notification shall be completed as prescribed by Articles 16, 21 (1), 22, 25, 27 and 29 of the Building Act by the time the relevant installations are completed, notwithstanding the amended provisions of Articles 8 and 9. |
Article 4 (Transitional Measures concerning Commissions for Purchase of Land)
Where a project owner has entrusted the purchase of land, etc. and compensation for a loss before the Act on National Defense and Military Installations Projects (Act No. 8446) enters into force, the former provisions shall apply to commissions therefor, notwithstanding the amended provisions of Article 8 of the same Act.
Article 5 (Transitional Measures according to Enforcement Date of National Land Planning and Utilization Act)
The expression "planned urban and military facilities project", "urban and military management plan", or "planned urban and military facilities" in the latter part of Article 11 (2) and the amended provisions of Article 14 shall be construed as "planned urban facilities project", "urban management plan", or "planned urban facilities" respectively by April 14, 2012. Article 6 Omitted.
Article 7 (Relationship to Other Statutes)
A citation to the former Act on National Defense and Military Installations Projects or any provisions thereof in any of the statutes as at the time this Act enters into force shall be deemed a citation to the corresponding provisions of this Act, in lieu of the former provisions, if this Act includes such corresponding provisions.
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.
ADDENDUM <Act No. 13770, Jan. 19, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDUM <Act No. 14418, Dec. 20, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 16350, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.