ACT ON THE USE AND MANAGEMENT OF RECLAIMED LAND FOR AGRICULTURE AND FISHERIES
Act No. 12508, Mar. 24, 2014
Amended by Act No. 12738, jun. 3, 2014
Act No. 13383, jun. 22, 2015
Act No. 14289, Dec. 2, 2016
Act No. 14479, Dec. 27, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14481, Dec. 27, 2016
Act No. 16568, Aug. 27, 2019
Act No. 16961, Feb. 11, 2020
Act No. 17269, May 19, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance the rate of self-sufficiency for food and the competitiveness of agriculture and fisheries and to contribute to the development of the national economy by providing for matters concerning the use and management of reclaimed land for agriculture and fisheries. <Amended on Mar. 24, 2014>
The terms used in this Act are defined as follows: <Amended on Mar. 24, 2014; Jun. 22, 2015>
| 3. | The term "reclaimed land utilization project" means a project to develop reclaimed land for purposes provided for by Presidential Decree to be used for agriculture and fisheries, such as producing, processing and storing agricultural, livestock and marine products and a distribution facility complex; |
| 4. | The term "reclaimed land utilization project zone" means a zone established for a reclaimed land utilization project which is designated and publicly notified pursuant to Article 8; |
| Article 3 (Basic Principles) |
Reclaimed land shall be used for agriculture and fisheries and industries related thereto, in consideration of soil characteristics, water supply conditions, site conditions, etc. <Amended on Mar. 24, 2014>
| Article 4 (Relationship to other Acts) |
With respect to the use and management of reclaimed land for agriculture and fisheries, this Act shall prevail over other Acts: Provided, That if there is any provision more relaxed than the details of the regulation imposed under this Act, the use and management of reclaimed land for agriculture and fisheries shall be governed by the relevant provisions of such Act. <Amended on Mar. 24, 2014>
CHAPTER II FORMULATION AND IMPLEMENTATION OF COMPREHENSIVE PLANS
| Article 5 (Formulation and Implementation of Comprehensive Plans for Using Reclaimed Land for Agriculture and Fisheries) |
| (1) | The Minister of Agriculture, Food and Rural Affairs, to use reclaimed land systematically and efficiently for agriculture and fisheries shall formulate and implement a comprehensive plan for using reclaimed land for agriculture and fisheries (hereinafter referred to a "comprehensive plan") every five years based on a fact-finding survey conducted pursuant to Article 6. <Amended on Mar. 23, 2013; Mar. 24, 2014> |
| (2) | A comprehensive plan shall include the following matters: <Amended on Mar. 24, 2014> |
| 1. | Basic direction-setting for and objectives of using reclaimed land for agriculture and fisheries by each reclaimed land; |
| 2. | Adjustments and prospects for agriculture and fisheries domestically and internationally; |
| 3. | Locations and areas by purpose of use for agriculture and fisheries; |
| 4. | Project implementation methods; |
| 5. | Plans to protect the environment and to preserve landscape; |
| 6. | Measures to prevent natural disasters and plans to prevent disasters; |
| 8. | Other matters provided for by Presidential Decree. |
| (3) | Where the Minister of Agriculture, Food and Rural Affairs formulates or amends a comprehensive plan, he or she shall conduct prior consultations with the heads of relevant central administrative agencies, including the Minister of Oceans and Fisheries and the heads of relevant local governments and shall finalize and publicly notify such plan after deliberation by the Reclaimed Land Operation Committee provided for in Article 7: Provided, That this shall not apply to revisions of any insignificant matter provided for by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 24, 2014> |
| (4) | Where deemed necessary to formulate a comprehensive plan, the Minister of Agriculture, Food and Rural Affairs may request the heads of relevant institutions to submit information necessary for formulating the comprehensive plan. In such cases, a person in receipt of the request to submit information shall comply therewith unless there is good cause. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| (5) | The Minister of Agriculture, Food and Rural Affairs shall formulate an annual implementation plan for the use of reclaimed land for agriculture and fisheries (hereinafter referred to as "implementation plan") based on a comprehensive plan: Provided, That, in the case of use of reclaimed land for fisheries, he or she shall conduct prior consultations with the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Mar. 24, 2014> |
| (6) | Where the Minister of Agriculture, Food and Rural Affairs formulates a comprehensive plan or an implementation plan, the Minister shall report or submit an annual report on the performance results, etc., without delay, to the competent standing committee of the National Assembly before the National Assembly opens its regular session each year. <Newly Inserted on May 19, 2020> |
| (7) | An annual report under paragraph (6) shall include the following matters: <Newly Inserted on May. 19, 2020> |
| 1. | Major details of a comprehensive plan; |
| 2. | Major details of an implementation plan for the relevant year; |
| 3. | Performance in accordance with an implementation plan for the preceding year, and the results of evaluation thereof; |
| 4. | Other important matters concerning the use of reclaimed land for agriculture and fisheries. |
| (8) | Other matters necessary for the formulation and implementation of a comprehensive plan and an implementation plan shall be prescribed by Presidential Decree. <Amended on May. 19, 2020> |
[Title Amended on Mar. 24, 2014]
| Article 6 (Fact-Finding Surveys) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall conduct a fact-finding survey on the location, etc. of reclaimed land by purpose of use and publish the results thereof to formulate and implement a comprehensive plan, an implementation plan, and policies necessary for the use and management of the reclaimed land for agriculture and fisheries: Provided, That in the case of conducting a fact-finding survey on fisheries (including aquaculture; hereinafter the same shall apply), he or she shall do so jointly with the Minister of Oceans and Fisheries.<Amended on Mar. 23, 2013; Mar. 24, 2014; Aug. 27, 2019; May.19, 2020> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may request the heads of relevant central administrative agencies, the heads of local governments, heads of relevant institutions and organizations to submit information or hear opinions on such matter if necessary to conduct a fact-finding survey pursuant to paragraph (1). In such cases, each person in receipt of the request to submit information shall comply therewith, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| (3) | The scope and methods of fact-finding surveys under paragraph (1) and other necessary matters shall be provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 7 (Reclaimed Land Operation Committee) |
| (1) | The Reclaimed Land Operation Committee is established under the jurisdiction of the Minister of Agriculture, Food and Rural Affairs to deliberate on the following matters concerning the use and management of reclaimed land for agriculture and fisheries: <Amended on Mar. 23, 2013; Mar. 24, 2014; Dec. 2, 2016; Feb. 11, 2020> |
| 1. | Matters concerning the basic policies and institutions concerning the use and management of reclaimed land for agriculture and fisheries; |
| 2. | Matters concerning the formulation of a comprehensive plan and revisions thereof; |
| 3. | Other matters submitted by the chairperson for the use and management of reclaimed land for agriculture and fisheries; |
| 4. | Deleted; <Dec. 2, 2016> |
| 5. | Deleted; <Dec. 2, 2016> |
| 6. | Deleted; <Dec. 2, 2016> |
| 7. | Deleted. <Dec. 2, 2016> |
| (2) | The Vice Minister of Agriculture, Food and Rural Affairs shall be the chairperson of the Reclaimed Land Operation Committee and the members thereof shall not exceed 15 persons including one chairperson. <Amended on Mar. 23, 2013; Dec. 2, 2016> |
| (3) | Members of the Reclaimed Land Operation Committee shall be appointed or commissioned by the Minister of Agriculture, Food and Rural Affairs from among persons with specialized expertise of and experience in the use of reclaimed land and relevant public officials. <Amended on Mar. 23, 2013> |
| (4) | Other matters necessary for the composition and operation of the Reclaimed Land Operation Committee shall be provided for by Presidential Decree. |
CHAPTER III IMPLEMENTATION OF RECLAIMED LAND UTILIZATION PROJECTS
| Article 8 (Designation of Reclaimed Land Utilization Project Zones) |
| (1) | When designating a reclaimed land utilization zone, the Minister of Agriculture, Food and Rural Affairs shall conduct prior consultations with the heads of relevant central administrative agencies and the heads of relevant local governments and shall formulate a project plan for the use of reclaimed land (hereinafter referred to as "project plan") that include the following matters: <Amended on Mar. 23, 2013; Dec. 2, 2016> |
| 1. | The name, location and area of the reclaimed land utilization project zone; |
| 2. | Purpose of designating the reclaimed land utilization project zone; |
| 3. | Details and period of the reclaimed land utilization project; |
| 4. | Effects of the reclaimed land utilization project; |
| 5. | Implementer of the reclaimed land utilization project and matters concerning implementation methods; |
| 6. | A financing plan and an investment plan for each year; |
| 7. | Plans to install major infrastructure; |
| 8. | Plans to protect the environment and preserve landscape; |
| 9. | Measures for preventing natural disasters and plans for preventing disasters; |
| 10. | Other matters provided for by Presidential Decree. |
| (2) | Upon designation of a reclaimed land utilization project zone under paragraph (1), the Minister of Agriculture, Food and Rural Affairs shall publish such fact in the Official Gazette pursuant to the Presidential Decree and shall notify thereof the heads of relevant central administrative agencies and the heads of relevant local governments. In such cases, the public notice, etc. of topographical drawings shall be subject to Article 8 of the Framework Act on the Regulation of Land Use. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| (3) | The head of a local government in receipt of a notification under paragraph (2) shall disclose the details thereof and make them available to relevant local residents for inspection. |
| (4) | Alterations to a reclaimed land utilization project zone designated pursuant to paragraph (1) shall be governed by paragraphs (1) through (3): Provided, That this shall not apply to revisions of any insignificant matter provided for by Presidential Decree. |
| Article 9 (Public Opinions) |
Where the Minister of Agriculture, Food and Rural Affairs designates a reclaimed land utilization project zone pursuant to Article 8, he or she shall prepare a draft project plan for the use of the reclaimed land as provided for by Presidential Decree, publicly announce it for at least 30 days, and hold a public hearing for opinions of the relevant local residents. In such cases, he or she shall reflect such opinions if deemed reasonable. <Amended on Mar. 23, 2013>
| Article 10 (Cancellation of Designation of Reclaimed Land Utilization Project Zones) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may cancel the designation If deemed impracticable to achieve the purpose of a reclaimed land utilization project zone designated pursuant to Article 8. <Amended on Mar. 23, 2013; Dec. 2, 2016> |
| (2) | The Minister of Agriculture, Food and Rural Affairs shall publish the details thereof in the Official Gazette as provided for by Presidential Decree and notify thereof the heads of relevant central administrative agencies and the heads of relevant local governments upon the cancellation of designation of a reclaimed land utilization project zone pursuant to paragraph (1). <Amended on Mar. 23, 2013> |
| Article 11 (Designation and Replacement of Reclaimed Land Utilization Project Implementers) |
| (1) | Each reclaimed land utilization project shall be implemented by the State: Provided, That the Minister of Agriculture, Food and Rural Affairs may designate any of the following persons as the implementer of a reclaimed land utilization project (hereinafter referred to as "project implementer") to efficiently expedite the reclaimed land utilization project: <Amended on Mar. 23, 2013; Dec. 27, 2016> |
| 4. | A cooperative or the National Agricultural Cooperative Federation (including the NongHyup Agribusiness Group) established under the Agricultural Cooperatives Act; |
| 6. | A private enterprise where the capital, etc. satisfies the requirements provided for by Presidential Decree. |
| (2) | Where necessary to efficiently expedite a reclaimed land utilization project, the State or a local government, which is the project implementer, may delegate all or part of the project to a person falling under any of paragraph (1) 2 through 6. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may change the project implementer where a project implementer designated pursuant to paragraph (1) falls under any of the following cases: <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| 1. | Where the project implementer fails to commence the reclaimed land utilization project within two years from the date the implementation plan for the reclaimed land utilization project under Article 12 (1) is approved; |
| 2. | Where the reclaimed land utilization project is revoked pursuant to Article 34; |
| 3. | Where it is deemed difficult to achieve the purpose of the reclaimed land utilization project due to the bankruptcy or insolvency of the project implementer or any other similar reason. |
| Article 12 (Formulation of Implementation Plans) |
| (1) | A project implementer shall formulate an implementation plan for the reclaimed land utilization project (hereinafter referred to as "implementation plan") as provided for by Presidential Decree. In such cases, a person designated as a project implementer pursuant to the proviso to Article 11 (1) shall obtain approval from the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (2) | The contents of an implementation plan shall include the followings: <Amended on Feb. 11, 2020> |
| 1. | Name and address of the project implementer; |
| 2. | Name, purpose, location and area of the project; |
| 3. | A location map and a cadastral map of the project site; |
| 4. | A ground plan of the project and design documents; |
| 5. | Implementation plans by phase (limited to cases where it is necessary to implement the project in phases due to the conditions of the reclaimed land utilization project); |
| 6. | A financing plan and an investment plan for each year; |
| 7. | A plan to use and dispose of created land, etc.; |
| 8. | Other matters provided for by Presidential Decree. |
| (3) | When the Minister of Agriculture, Food and Rural Affairs intends to approve an implementation plan pursuant to paragraph (1), he or she shall conduct prior consultations with the heads of relevant administrative agencies. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Agriculture, Food and Rural Affairs upon approving an implementation plan pursuant to paragraph (1) shall publicly notify the details thereof and notify thereof the heads of relevant administrative agencies. <Amended on Mar. 23, 2013> |
| (5) | Any revisions of an implementation plan shall be subject to paragraphs (1) through (4): Provided, That this shall not apply to revisions of any insignificant matter provided for by Presidential Decree. |
| Article 13 (Restriction on Activities) |
| (1) | A person who intends to perform an activity, such as constructing buildings, setting up installations, altering the form and quality of land, collecting soil and stones, gravel or sand, dividing land, or piling up articles, which are provided for by Presidential Decree, shall obtain permission from the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). The same shall also apply where the intention is to modify a permitted activity. <Amended on Dec. 27, 2016> |
| (2) | Where the head of a Si/Gun/Gu grants permission or permits a modification pursuant to paragraph (1), if the relevant activity falls under any activity provided for by Presidential Decree which is likely to cause serious impediment to the reclaimed land utilization project, he or she shall obtain the opinion of the Minister of Agriculture, Food and Rural Affairs in advance. <Amended on Mar. 23, 2013> |
| (3) | Notwithstanding paragraph (1), activities provided for by Presidential Decree, such as those for disaster restoration or disaster control, permission may not be required. |
| (4) | Any person who has commenced a project or construction works regarding activities for which permission under relevant statutes was already obtained or which did not require permission as at the time the reclaimed land utilization project zone was designated and publicly notified, which are subject to permission under paragraph (1), may continue to implement the project or construction works after reporting thereon to the head of the competent Si/Gun/Gu, as provided for by Presidential Decree. <Amended on Feb. 11, 2020> |
| (5) | The head of a Si/Gun/Gu may order a person who has violated paragraph (1) to restore the zone to the original state. In such cases, if a person in receipt of such order fails to fulfill his or her obligation the head of the Si/Gun/Gu may perform restoration through vicarious administrative execution under the Administrative Vicarious Execution Act. |
| Article 14 (Access to Land of a Third Party) |
| (1) | A project implementer may enter any land of a third party, or temporarily use such land as a material storage yard, temporary passageway or temporary road, if the intention is to conduct a survey or measurements to implement a project and may alter or remove trees, soil, stones and other obstacles where deemed absolutely necessary. In such cases, no owner or occupant of the land shall interfere with or deny such conduct without just cause. |
| (2) | Where a project implementer intends to enter any land of a third party pursuant to paragraph (1) notification shall be provided to the owner or occupier of the relevant land in advance; and where it intends to use the land temporarily or alter or remove any obstacles consent shall be obtained from the owner or occupant of the land: Provided, That, if it is impracticable to obtain consent of the owner or occupant of the relevant land due to their absence or unknown address, the project implementer shall notify the head of the competent Si/Gun/Gu of such fact if it is an administrative agency, or shall obtain prior permission from the head of the competent Si/Gun/Gu if it is not an administrative agency. |
| (3) | No one shall enter any land of a third party that is surrounded by housing sites or walls prior to sunrise or after sunset without the consent of the owner or occupant of the relevant land. |
| (4) | A person who intends to enter any land of a third party pursuant to paragraph (1) shall carry a document indicating his or her authority and present such document to interested person(s). <Amended on Mar. 23, 2013> |
| (5) | A project implementer who has obtained approval of an implementation plan pursuant to Article 12 may enter public waters where a reclaimed land utilization project is planned or use them temporarily. In such cases, consent shall be obtained from person(s) who have the right to the public waters under the Fisheries Act, the Aquaculture Industry Development Act or any other Act, and person(s) who hold such right shall not impede or interfere with the project implementer to deny him or her entry or temporary use of the relevant public waters, without just cause. <Amended on Aug. 27, 2019> |
| Article 15 (Compensation for Losses Incurred by Access to Land) |
| (1) | Where any person has suffered a loss incurred by acts referred to in Article 14, the project implementer shall indemnify him or her for such loss. |
| (2) | The project implementer and a person who incurred such loss shall consult with each other on the indemnity for losses referred to in paragraph (1). |
| (3) | Where the parties fail to reach an agreement during the consultation process referred to in paragraph (2) or cannot hold such consultation, the project implementer or a person who has incurred such loss may file a request for adjudication on the land, articles, etc. with the competent land expropriation committee. In such cases, the request for adjudication may be filed during the implementation period of the relevant reclaimed land utilization project, notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. |
| Article 16 (Authorization and Permission Deemed Granted) |
| (1) | Where a project implementer obtains approval of an implementation plan or approval for revision pursuant to Article 12, permission, authorization, designation, approval, consultation, revocation, reports, etc. (hereinafter referred to as "permission, etc.") shall be deemed to be granted; and when an implementation plan is publicly notified, permission, etc. under the following Acts shall be deemed publicly notified or announced: <Amended on Jan. 14, 2014; Jun. 3, 2014; Dec. 27, 2016; Feb. 11, 2020> |
| (2) | The Minister of Agriculture, Food and Rural Affairs shall conduct prior consultations with the heads of relevant administrative agencies when the intention is to formulate a project plan that includes any matter falling under any subparagraph of paragraph (1) or intends to revise a formulated plan pursuant to Article 8. In such cases, the head of an administrative agency in receipt of the request for consultation shall submit his or her opinion within 30 days from the date such request is received. <Amended on Mar. 23, 2013> |
| Article 17 (Special Cases concerning the National Land Planning and Utilization Act) |
When formulating a project plan or revising a formulated project plan pursuant to Article 8, the Minister of Agriculture, Food and Rural Affairs may set separate restrictions, etc. on construction works in agricultural and forest areas and natural environment conservation areas as provided for by Presidential Decree notwithstanding Article 76 of the National Land Planning and Utilization Act. <Amended on Mar. 23, 2013>
| Article 18 (Reduction of, or Exemption from, Charges) |
The State and local governments where necessary to promote a reclaimed land utilization project efficiently may reduce or exempt development charges, farmland preservation charges, costs incurred in creating substitute grassland, and/or charges on a project implementor for causing traffic congestion pursuant to the Restitution of Development Gains Act, the Farmland Act, the Glassland Act, and the Urban Traffic Improvement Promotion Act.
| Article 19 (Expropriation or Use of Land) |
| (2) | When a project implementer intends to expropriate or use any land, etc. pursuant to paragraph (1), he or she shall secure land (referring to acquiring the ownership of land or obtaining consent for land use) equivalent to at least two-thirds of the land area subject to the project excluding state-owned land or public land, and shall obtain consent of at least one-half of the total number of landowners. |
| Article 20 (Installation of Infrastructure) |
| (1) | Facilities for electricity, telecommunications, gas and district heating shall be installed at the expense of person(s) who supply electricity, telecommunications, gas and heating for a relevant area: Provided, That, in the case of installation of underground mainline electrical arterial facilities at the request of a project implementor, etc., the person who supplies electricity and the person who requests to install them under ground shall bear the costs at a rate of 50/100. |
| (2) | Timing to install each facility referred to in paragraph (1) and other necessary matters shall be provided for by Presidential Decree. |
| Article 21 (Completion Inspection) |
| (1) | A project implementer upon completion of all or part of a reclaimed land utilization project shall undergo a completion inspection conducted by the Minister of Agriculture, Food and Rural Affairs, as provided for by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | When the Minister of Agriculture, Food and Rural Affairs receives an application for a completion inspection pursuant to paragraph (1), a completion inspection shall be conducted as provided for by Presidential Decree and a certificate of completion inspection shall be issued as provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the applicant if the construction works have been implemented in accordance with the approved details of the implementation plan and publicly notify the completion of the construction as provided for by Presidential Decree. In such cases, if the construction works are not completed as specified in the project plan, an order shall be issued without delay to take the necessary measures, such as supplementary construction. <Amended on Mar. 23, 2013> |
| (3) | When a project implementer has received a completion inspection pursuant to paragraph (1), the project implementer shall be deemed to have received a completion inspection or an approval of completion of the relevant project in accordance with the permission, etc. pursuant to the subparagraphs of Article 16 (1). In such cases, the Minister of Agriculture, Food and Rural Affairs shall conduct prior consultations with the heads of relevant administrative agencies on such completion inspection. <Amended on Mar. 23, 2013> |
| (4) | The project implementer where deemed necessary to implement a reclaimed land utilization project efficiently may apply for a completion inspection by phases or by facilities within the scope of the implementation plan. |
| Article 21-2 (Temporary Use before Completion Inspection) |
| (1) | No project implementer shall use any reclaimed land for agriculture and fisheries until the completion inspection is conducted pursuant to Article 21: Provided, That this shall not apply where the Minister of Agriculture, Food and Rural Affairs approves experimental fisheries to farm marine products, prior to the completion inspection to the extent that does not impede the construction works to use the reclaimed land efficiently. |
| (2) | The Minister of Agriculture, Food and Rural Affairs when granting an approval pursuant to paragraph (1) shall have prior consultations with the heads of relevant central administrative agencies, including the Minister of Oceans and Fisheries. |
| (3) | Article 53 of the Aquaculture Industry Development Act shall apply mutatis mutandis to the experimental fisheries to farm marine products under the proviso of paragraph (1). In such cases, "Minister of Oceans and Fisheries" shall be deemed "Minister of Agriculture, Food and Rural Affairs" and "Ordinance of the Ministry of Oceans and Fisheries" shall be deemed "Ordinance of the Ministry of Agriculture, Food and Rural Affairs.” <Amended on Aug. 27, 2019> |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 22 (Use and Disposal of Created Land) |
| (1) | A project implementer shall use, lease or sell the land created or buildings erected under a reclaimed land utilization project in accordance with the plan for use and disposal of created land, etc. specified in the implementation plan. In such cases, the project implementer may entrust the affairs related to the lease or sale thereof to a management institution provided for in Article 23. |
| (2) | The use of the land created, etc. to be used, leased or sold pursuant to paragraph (1), the procedures and methods of the lease and sale, the person(s) eligible therefor, the methods of delegation, and other necessary matters shall be provided for by Presidential Decree. |
| (3) | Where a project implementer or the management institution prescribed in Article 23 intends to lease a land created or a building erected pursuant to paragraph (1), priority for lease may be given to an agricultural and fisheries corporation comprised of farmers and fishers who have incurred damage due to the implementation of the relevant reclamation project, as provided for by Presidential Decree. <Amended on Mar. 24, 2014> |
CHAPTER IV MANAGEMENT AND OPERATION OF RECLAIMED LAND
| Article 23 (Authorized Administrator and Management Institution) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall be the authorized administrator of the land created or buildings erected under a reclaimed land utilization project and the authorized administrator may designate the Korea Rural Community Corporation as the management institution, if necessary for the efficient use and management of the reclaimed land for agriculture and fisheries. <Amended on Mar. 23, 2013; Mar. 24, 2014> |
| (2) | The management institution to use and manage reclaimed land for agriculture and fisheries shall perform the following duties: <Amended on Mar. 23, 2013; Mar. 24, 2014> |
| 1. | Guiding the lease of reclaimed land and consulting thereon; |
| 2. | Entering into lease contracts; |
| 3. | Protecting rights of the users (referring to the farmers, fishers, and agricultural and fisheries corporations that use, or have leased or purchased, the reclaimed land for use for agricultural and fishing purposes pursuant to Article 22; hereinafter the same shall apply); |
| 4. | Managing and operating public facilities; |
| 5. | Providing information, and assisting with farming techniques, management guidance, etc. to the users; |
| 6. | Affairs entrusted by the Minister of Agriculture, Food and Rural Affairs; |
| 7. | Other duties provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | If necessary for installing, maintaining and repairing the public facilities provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, other than the facilities to be maintained and managed by the State or a local government such as roads and public facilities, the management institution may receive a community charge from the users as provided for by Presidential Decree, after obtaining approval from the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 24 (Lease Contract) |
| (1) | A person who intends to lease any land created or a building erected under a reclaimed land utilization project pursuant to Article 22 shall enter into a lease contract (hereinafter referred to as "lease contract") with the project implementer or the management institution. |
| (2) | Among the terms and conditions of a lease contract, the contract period, lease area, price and payment terms of rent, and other necessary matters shall be provided for by Presidential Decree. |
| (3) | If any matter provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs is intended to be revised among the terms and conditions of a lease contract, a revised contract shall be entered into. <Amended on Mar. 23, 2013> |
| (4) | The project implementer or the management institution upon entering into a lease contract or revised contract pursuant to paragraphs (1) and (3), shall report such fact to the Minister of Agriculture, Food and Rural Affairs, as provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 25 (Termination of Lease Contracts) |
| (1) | A project implementer or a management institution may terminate a lease contract if any user satisfies any of the following cases: <Amended on Mar. 23, 2013> |
| 1. | Where the user uses the land or building for purposes other than those of the lease; |
| 2. | Where the user violates the lease contract; |
| 3. | Where the user changes any matter provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs without entering into a revised contract under Article 24 (3); |
| 4. | Other cases where it is deemed impracticable to expedite business in accordance with the purpose of the lease contract. |
| (2) | A person whose lease contract has been terminated pursuant to paragraph (1) shall immediately discontinue his or her business, except for the activities provided for by Presidential Decree, such as the handling of remaining activities. |
| (3) | Where a project implementer or the management institution has terminated a lease contract pursuant to paragraph (1), the details thereof shall be reported to the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (4) | A project implementer or the management institution that intends to terminate a lease contract pursuant to paragraph (1) shall hear the opinion of the party to the contract in advance. |
| Article 26 (Providing Convenience of Farming) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall assist users in selecting crops and cultivars suitable for reclaimed land for the convenience of farming. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Agriculture, Food and Rural Affairs to provide support under paragraph (1) shall determine and publicly notify the crops and cultivars suitable for reclaimed land and shall make the information, etc. on the cultivation of such crops and cultivars available for inspection. In such cases, the Minister of Agriculture, Food and Rural Affairs shall reassess such information every two years reflecting findings of the research and development conducted pursuant to paragraph (3). <Amended on Mar. 23, 2013> |
| (3) | The Minister of Agriculture, Food and Rural Affairs shall formulate and implement plans for the research and development and dissemination of cultivated crops and cultivars, cultivation methods, crop management methods, etc. to improve the quality and competitiveness of the crops cultivated in reclaimed land. <Amended on Mar. 23, 2013> |
| Article 27 (Support by the State) |
| (1) | The State and a local government may give priority to investing in the following facilities which are necessary to use reclaimed land for agriculture and fisheries: <Amended on Mar. 24, 2014> |
| 1. | Roads, water and drainage facilities, energy supply facilities (excluding gas and district heating facilities referred to in Article 20), and other infrastructure and construction works for the use of reclaimed land; |
| 2. | Other public facilities such as agricultural products processing centers; |
| 3. | Other facilities provided for by Presidential Decree, which are necessary for the use and management of reclaimed land for agriculture and fisheries. |
| (2) | The State may bear all or part of the expenses incurred in installing the facilities referred to in the subparagraphs of paragraph (1) within budgetary limits. |
| (3) | The State and local governments may fully or partially subsidize the facilities and operating funds required for the following projects within budgetary limits: <Amended on Mar. 24, 2014> |
| 1. | Projects to stimulate sales of agricultural products and marine products produced on reclaimed land; |
| 3. | Other projects provided for by Presidential Decree, which are necessary to strengthen competitiveness. |
| Article 28 (Recovery of Subsidies) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the head of the competent local government may recover all or part of the subsidy if a user in receipt of a subsidy under Article 27 (3) falls under any of the following cases: <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| 1. | Where the user has received the subsidy by fraud or other improper means; |
| 2. | Where the subsidy has been erroneously paid or overpaid. |
| (2) | Any subsidy to be recovered by the Minister of Agriculture, Food and Rural Affairs or the head of a local government pursuant to paragraph (1) shall be collected in the same manner as delinquent national or local taxes are collected. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| Article 29 (Use of Funds) |
| Article 30 (Establishment of Disaster Prevention Measures) |
The State and local governments shall establish and implement measures, such as the creation of coastal disaster prevention forests, necessary to prevent natural disasters including typhoons, sea wind, tidal waves (including tsunamis) and yellow dust. <Amended on May. 19, 2020>
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 31 (Evaluation of Operation of Reclaimed Land) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may annually evaluate the use and management of reclaimed land for agriculture and fisheries by each reclaimed land. <Amended on Mar. 23, 2013; Mar. 24, 2014> |
| (2) | The State may provide different administrative and financial support to each reclaimed land depending on the findings of the evaluation conducted pursuant to paragraph (1). |
| (3) | Matters necessary for determining the standards for and the methods of evaluation under paragraph (1) shall be provided for by Presidential Decree. |
| Article 32 (Inspection of Relevant Documents) |
The project implementer if necessary for implementing a reclaimed land utilization project may request the State or a local government to allow inspection or make copies of required documents or to issue certified copies thereof. In such cases, the State or the local government shall not impose any charges for the issuance of such documents. <Amended on Feb. 11, 2020>
| Article 33 (Reporting and Inspection) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may request a project manager or the management institution to report matters or to submit information related to its duties, and may require public officials under his or her jurisdiction to enter its place of business and inspect books, documents, etc. <Amended on Mar. 23, 2013> |
| (2) | A public official who conducts an inspection under paragraph (1) shall carry a document indicating his or her authority and provide it to interested person(s). |
| Article 34 (Administrative Dispositions) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may revoke the permission or approval granted under this Act or impose dispositions or issue an order to suspend or alter the construction works included in the project or to renovate, alter or relocate a building, an obstacle, etc. or impose or take other necessary dispositions or measures if a project implementer falls under any of the following cases: Provided, That in cases falling under subparagraph 1, permission or approval shall be revoked: <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| 1. | Where any permission or approval under this Act is obtained by fraud or other improper means; |
| 2. | Where it becomes unable to implement the reclaimed land utilization project continuously due to a natural disaster, bankruptcy of the project implementer, or any other reason provided for by Presidential Decree; |
| 3. | Where the reclaimed land utilization project has been implemented without approval of the implementation plan or approval for alteration; |
| 4. | Where there is a failure to commence the reclaimed land utilization project within two years from the date the implementation plan was approved. |
| (2) | Detailed standards for revoking permission or approval, suspending or altering construction works, renovating, modifying or relocating a building, an obstacle, etc., and other necessary dispositions or measures shall be provided for by Ordinance of the Ministry of Agriculture, Food and Rural Affairs taking into account the types of violations and the cause(s), gravity, etc. of the violation. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Agriculture, Food and Rural Affairs upon issuing an order or imposing a disposition under paragraph (1) shall publicly notify such fact, as provided for by Presidential Decree. <Amended on Mar. 23, 2013> |
The Minister of Agriculture, Food and Rural Affairs shall hold a hearing, if there is an intention to impose dispositions or take measures falling under any of the following subparagraphs: <Amended on Mar. 23, 2013>
| 1. | Replacing a project implementer under Article 11 (3); |
| 2. | Revoking permission or approval under Article 34 (1); |
| 3. | Suspending or modifying construction works, renovating, modifying, or relocating a building, an obstacle, etc., and other necessary dispositions or measures under Article 34 (1). |
| Article 36 (Delegation of Authority) |
| (1) | Part of the authority of the Minister of Agriculture, Food and Rural Affairs granted under this Act may be delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of an agency under his or her jurisdiction as provided for by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | A Mayor/Do Governor to whom the authority is delegated pursuant to paragraph (1) may re-delegate part of such authority to the heads of Sis/Guns/Gus after obtaining approval from the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (3) | The duties of the Minister of Agriculture, Food and Rural Affairs, Mayors/Do Governors, or the heads of Sis/Guns/Gus under this Act may be partially delegated to a relevant institution or organization, as provided for by Presidential Decree. <Amended on Mar. 23, 2013> |
| Article 37 (Public Officials for the Application of Penalty Provisions) |
The executive officers or employees of a relevant institution or organization engaged in the affairs delegated by the Minister of Agriculture, Food and Rural Affairs pursuant to Article 36 (3) shall be deemed public officials in the application of penalty provisions pursuant to Articles 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2013> [Title Amended on Feb. 11, 2020]
CHAPTER VI PENALTY PROVISIONS
| Article 38 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended on Dec. 24, 2014>
| 1. | A person who obtains approval of an implementation plan under Article 12 by fraud or other improper means; |
| 2. | A person who implements a project under Article 12 without obtaining approval of an implementation plan; |
| 3. | A person who conducts any activity falling under Article 13 (1) without obtaining permission or permission for modification; |
| 4. | A person who obtains permission or permission under Article 13 (1) for modification by fraud or other improper means; |
| 5. | A person who fails to comply with an order of recovery under Article 13 (5); |
| 5-2. | A person who uses any reclaimed land for agriculture and fisheries before the completion inspection without obtaining approval under Article 21-2 (1); |
| 6. | A person who enters into a lease contract under Article 24 by fraud or other improper means; |
| 7. | The lessee in the case where a lease contract is terminated under Article 25 (1) (excluding cases where a lease contract is terminated due to a reason pursuant to Article 25 (1) 4); |
| 8. | A lessee who fails to suspend business pursuant to Article 25 (2); |
| 9. | A person who receives a subsidy by fraud or other improper means pursuant to Article 28 (1) 1; |
| 10. | A person who fails to suspend or modify construction works, fails to renovate, alter or relocate a building, an obstacle, etc., or fails to take other necessary dispositions or measures, pursuant to Article 34 (1). |
| Article 39 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations under Article 38 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to the application of punitive measures against the violator(s) respectively, may be subject to a fine pursuant to the relevant provisions: Provided, That this shall not apply where such corporation or individual has not neglected to take due care and supervision concerning the relevant duties in order to prevent such violation.
| Article 40 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to a fine not exceeding five million won: |
| 1. | A person who obstructs or resists an act conducted under Article 14 (1), without just cause; |
| 2. | A person who impedes or obstructs an act conducted under Article 14 (5), without just cause; |
| 3. | A person who fails to submit a report or information under Article 33 (1) or submits a false report or information; |
| 4. | A person who refuses, obstructs or evades a inspection pursuant to Article 33 (1), without just cause. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, as provided for by Presidential Decree. <Amended on Mar. 23, 2013> |
ADDENDA <Act No. 11170, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12508, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationships with other Acts)
Where other statutes (including statutes promulgated before this Act enters into force but the enforcement dates of which have yet to realized) have cited the provisions of the former Act on the Use and Management of Reclaimed Land for Agriculture and Fisheries as at the time this Act enters into force, they shall be considered to have cited the corresponding provisions of this Act in lieu of the former provisions, if there are provisions corresponding thereto in this Act.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14289, Dec. 2, 2016>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14479, Dec. 27, 2016>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14481, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on 1/1/2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM <Act No. 16961, Feb. 11, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17269, May. 19, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reporting and Submission to the National Assembly)
The amended provisions of Article 5 (6) and (7) shall begin to apply to the first case in which the Minister of Agriculture, Food and Rural Affairs formulates a comprehensive plan and an implementation plan or prepares an annual report after this Act enters into force. Article 3 (Applicability to Publication of Fact-Finding Surveys)
The amended provisions of Article 6 (1) shall begin to apply to the first fact-finding survey conducted by the Minister of Agriculture, Food and Rural Affairs after this Act enters into force.