The purpose of this Act is to guarantee a pleasant living environment for residents and to contribute to creating a stable foundation for military activities by preventing noise caused by the operation of military airfields and military firing ranges and efficiently making compensation, etc. for damage caused by such noise.
The terms used in this Act are defined as follows:
| 1. | The term “military aircraft” means a military aircraft defined in subparagraph 1 of Article 2 of the Act on the Operation of Military Aircraft; |
| 2. | The term “military airfield” means a tactical air operations base (excluding the tactical air operations base located in Gangseo-Gu, Busan Metropolitan City), an air support operations base and an exclusive helicopter operations base defined in items (a) through (c) of subparagraph 4 of Article 2 of the Protection of Military Bases and Installations Act; |
| 3. | The term “military firing range” means a specific place equipped with firing equipment to be used by military forces; |
| 4. | The term “area requiring measures against noise” means an area which suffers damage caused by noise generated by the operation of a military airfield or military firing range and is designated and publicly notified by the Minister of National Defense under Article 5 (1) in order to make compensation, etc. for noise-induced damage; |
| 5. | The term “compensation for noise-induced damage” means paying compensation to a resident who suffers damage caused by noise in excess of a specified level among residents living in an area requiring measures against noise; |
| 6. | The term “noise level” means a noise level measured while a military aircraft is in operation or firing training is conducted in a military firing range, which is calculated in the manner prescribed by Ordinance of the Ministry of National Defense in consideration of the frequency of noise occurrence, time periods, etc. |
| Article 3 (Relationship to Other Statutes) |
This Act shall prevail over other statutes in respect of the prevention of noise caused by military airfields and military firing ranges and compensation for noise-induced damage.
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall establish and implement measures necessary to create a pleasant and healthy living environment for residents living in an area requiring measures against noise. |
| (2) | The State and local governments shall endeavor to preferentially secure financial resources necessary for taking the measures under paragraph (1). |
| Article 5 (Designation and Public Notice of Areas Requiring Measures against Noise) |
| (1) | The Minister of National Defense shall designate and publicly notify an area requiring measures against noise as a Class 1 zone, Class 2 zone, or Class 3 zone based on the noise level following deliberation by the Central Deliberation Committee on Noise Measures established under Article 20 (hereinafter referred to as the “Central Deliberation Committee”), as prescribed by Presidential Decree. The same shall also apply where the Minister changes or designates an area requiring measures against noise due to a major change in the noise level. |
| (2) | The Minister of National Defense shall investigate the noise levels of an area around a military airfield or military firing range in order to designate and publicly notify an area requiring measures against noise under paragraph (1). |
| (3) | To investigate the noise levels under paragraph (2), the Minister of National Defense shall request a person with certified technical competence in measurement, evaluation, analysis, etc. of noise to conduct an investigation. |
| (4) | The investigation cycle for noise levels and the method of and standards for investigations under paragraphs (2) and (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 6 (Restriction on Installation of Facilities in Areas Requiring Measures against Noise) |
| (1) | To prevent the spread of noise-induced damage after an area requiring measures against noise is designated and publicly notified, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or a Special Self-Governing City Mayor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") shall impose a restriction on the installation and use of a facility in the area requiring measures against noise in respect of a person who comes to acquire land within the area requiring measures against noise: Provided, That the installation of facilities may be allowed under specified conditions, such as installation of soundproof facilities. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may order a person who fails to meet the specified conditions imposed under paragraph (1) to: |
| 1. | Change the use of the relevant facility; |
| 2. | Make necessary modifications to the facility to prevent noise-induced damage. |
| (3) | Types of facilities whose installation and uses are restricted and conditions of restriction under paragraph (1) and other necessary matters shall be prescribed Ordinance of the Ministry of National Defense. |
| Article 7 (Establishment of Master Plans to Prevent Noise and Compensate for Noise-Induced Damage for Areas Requiring Measures against Noise) |
| (1) | The Minister of National Defense shall, every five year, establish a master plan to prevent noise and compensate for noise-induced damage (hereinafter referred as “master plan”) for areas requiring measures against noise. |
| (2) | A master plan shall include the following: |
| 1. | Basic direction-setting for measures against noise generated by the operation of military airfields and military firing ranges; |
| 2. | A plan to mitigate noise generated by the operation of military airfields and military firing ranges; |
| 3. | A plan to compensate for noise-induced damage; |
| 4. | A plan to raise required financial resources; |
| 5. | Other matters determined to be necessary by the Minister of National Defense. |
| (3) | In establishing a master plan, the Minister of National Defense shall gather opinions of residents in an area requiring measures against noise, experts and other relevant persons in advance and reflect their opinions, if deemed reasonable, in the master plan. |
| (4) | Procedures for and the method of gathering opinions under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 (Installation of Automatic Noise Measuring Networks) |
| (1) | The Minister of National Defense shall install automatic noise measuring networks to ascertain actual noise generated by the operation of a military airfield and a military firing range and to utilize measured data for paying compensation for noise-induced noise: Provided, That the same shall not apply where actual noise can be ascertained by the measuring network installed under Article 3 (1) of the Noise and Vibration Control Act. |
| (2) | The Minister of National Defense shall consult with the Minister of Environment and the heads of relevant administrative agencies before installing automatic noise measuring networks under paragraph (1). |
| (3) | The head of a Si/Gun/Gu may request the Minister of National Defense to install automatic noise measuring networks additionally or to change the installation location if necessary to investigate actual noise generated in his or her jurisdiction. |
| Article 9 (Establishment and Public Notice of Plans to Install Automatic Noise Measuring Networks) |
| (1) | To install automatic noise measuring networks under Article 8 (1), the Minister of National Defense shall develop a plan to install the automatic noise measuring networks describing the location and scope of the automatic noise measuring networks and relevant matters. |
| (2) | Upon establishing a plan to install automatic noise measuring networks under paragraph (1), the Minister of National Defense shall give public notice thereof, as prescribed by Ordinance of the Ministry of National Defense, and shall make the drawings of such network available for public viewing. The same shall also apply to any modifications to such plan. |
| (3) | Where the Minister of National Defense has established and publicly notified a plan to install automatic noise measuring networks under paragraph (1) or (2), the Minister is deemed to have obtained following permission: |
| (4) | The Minister of National Defense shall consult with the heads of relevant administrative agencies in advance to establish or modify a plan to install automatic noise measuring networks under paragraphs (1) and (2) if such plan involves any of the permission under the subparagraphs of paragraph (3). |
| Article 10 (Entry to Another Person’s Land) |
| (1) | The Minister of National Defense may engage in the following activities if necessary to install automatic noise measuring networks, to conduct a site survey or surveying, or to maintain and repair automatic noise measuring networks: |
| 1. | Entering another person’ land; |
| 2. | Using another person’s land or a structure or other man-made structure standing thereon (hereinafter referred to as “land, etc.”); |
| 3. | Changing or removing another person’s plants or other obstacles. |
| (2) | The Minister of National Defense shall give just compensation for any loss incurred by any of the activities under the subparagraphs of paragraph (1). |
| (3) | Upon finishing using land, etc., the Minister of National Defense shall restore the land, etc. to the original state or pay costs necessary for restoration to the owner or possessor of the land, etc., as prescribed by Presidential Decree. |
| Article 11 (Improvement of Take-Off and Landing Procedures) |
The Minister of National Defense shall endeavor to improve take-off and landing procedures for military aircraft to the extent that military operations and training and safe flight are not hindered, if necessary to mitigate noise impacts on an area requiring measures against noise.
| Article 12 (Night Flying and Night Firing Restrictions) |
| (1) | The Minister of National Defense may impose night flying restrictions on military aircraft through the chain of command to the extent that military operations and training are not hindered in order to prevent or mitigate impacts of noise generated by military aircraft on an area requiring measures against noise. The Minister of National Defense may request the Minister of Land, Infrastructure and Transport to limit the number of flights or to impose night flying restrictions in respect of commercial airplanes at civilian-military airfields and the Minister of Land, Infrastructure and Transport shall comply with such request, unless there is a compelling reason not to do so. |
| (2) | The Minister of National Defense may impose night firing restrictions through the chain of command to the extent that military operations and training are not hindered in order to prevent or mitigate impacts of firing noise on an area requiring measures against noise. |
| Article 13 (Duty to Secure Financial Resources for Compensation for Noise-Induced Damage) |
The Minister of National Defense shall secure financial resources required to pay compensation for noise-induced damage (hereinafter referred to as “compensation”) to residents living in areas requiring measures against noise.
| Article 14 (Payment Standards and Application Procedures for Compensation) |
| (1) | Compensation shall be paid at different rates based on the noise level, duration of actual residence and other relevant factors, and an amount can be deducted or reduced from compensation to be paid, depending on the time of moving-in or other factors. |
| (2) | The Minister of National Defense shall notify the head of the competent Si/Gun/Gu of the area eligible for compensation, payment standards and other relevant matters, and the head of the competent Si/Gun/Gu shall inform or notify residents entitled to compensation of matters regarding compensation. |
| (3) | A person who intends to receive compensation as informed or notified under paragraph (2) shall apply in writing to the head of the competent Si/Gun/Gu for compensation along with relevant supporting documentation. |
| (4) | Upon receiving an application for compensation under paragraph (3), the head of the competent Si/Gun/Gu shall determine persons eligible for compensation, the amount of compensation and other relevant matters following deliberation by the regional deliberation committee on noise measures under Article 21 (hereinafter referred to as “regional deliberation committee”) and shall publicly announce the determination on the website of such Si/Gun/Gu or notify the applicant for compensation of the determination. |
| (5) | Where a person eligible for compensation who is publicly announced on the website or notified of a determination under paragraph (4) does not appeal to the determination under Article 15 (1), the person is deemed to have consented to the determination publicly announced or notified under paragraph (4). |
| (6) | Persons eligible for compensation, payment standards, amounts of compensation, detailed application procedures and application deadline under paragraphs (1) through (5) and other relevant matters shall be prescribed by Presidential Decree. |
| (1) | A person determined to be ineligible for compensation or a person dissatisfied with the amount of compensation may raise an objection to the head of the competent Si/Gun/Gu in the manner prescribed by Presidential Decree within 60 days from the date such determination is publicly announced on the website or the person is notified thereof under Article 14 (4). In such cases, the person who claims that the amount of compensation is not reasonable shall prove his or her claim. |
| (2) | Upon receiving an appeal under paragraph (1), the head of a Si/Gun/Gu shall decide on the appeal within 30 days from the receipt thereof following deliberation by the regional deliberation committee, and shall notify the appellant of the decision. |
| (3) | A person who has an objection against a decision notified under paragraph (2) may apply to the Minister of National Defense for re-deliberation within 30 days from the date the person is notified of the decision on his or her appeal. |
| (4) | The latter part of paragraph (1) and paragraph (2) shall apply mutatis mutandis to re-deliberation under paragraph (3). In paragraph (2), any reference to “head of the competent Si/Gun/ Gu” shall be deemed to be “Minister of National Defense”, “regional deliberation committee” as “Central Deliberation Committee”, “appellant” as “applicant for re-deliberation and head of the competent Si/Gun/ Gu”, respectively. |
| (5) | Where an appellant under paragraph (1) or an applicant for re-deliberation under paragraph (3) intends to receive compensation based on a decision on his or her appeal or re-deliberation notified under paragraph (2) or (4), the appellant or applicant shall submit a written consent to the decision to the head of the competent Si/Gun/Gu, without delay. |
| Article 16 (Payment of Compensation) |
| (1) | The head of a Si/Gun/Gu shall pay compensation in an amount publicly announced or notified under Article 14 (4) (or an amount decided through an appeal or re-deliberation in the case of an appellant or an applicant for re-deliberation) to a person eligible for compensation who has consented to a determination publicly announced on the website or notified under Article 14 (5), an appellant under Article 15 (2), and an applicant for re-deliberation under Article 15 (4) by the time prescribed by Presidential Decree. |
| (2) | Necessary matters regarding payment procedures for compensation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Extinctive Prescription) |
The right to receive compensation shall expire by prescription unless it is exercised for the five-year period beginning on the date the period of public announcement expires or an applicant for compensation is notified of a determination under Article 14 (4).
| Article 18 (Relationship with Damages under Other Statutes) |
| (1) | Where a person entitled to compensation under this Act has received damages under any other statutes for the same cause, no payment shall be made in the amount of the damages the person has received. |
| (2) | Where an applicant for compensation has consented to a decision to pay compensation to the applicant under this Act, court settlement under the Civil Procedure Act shall be deemed to have been made in respect of noise-induced damage caused by a military airfield or military firing range. |
| Article 19 (Recovery of Compensation) |
| (1) | The State shall recover all or part of compensation paid to a person under this Act if: |
| 1. | The person has received the compensation by fraud or other improper means: |
| 2. | The compensation has been erroneously paid. |
| (2) | If a person required to return compensation under paragraph (1) fails to return it within a specified period, the compensation shall be collected in the same manner as delinquent national taxes are collected. |
| Article 20 (Establishment and Functions of Central Deliberation Committee on Noise Measures) |
| (1) | The Central Deliberation Committee on Noise Measures is established under the Minister of National Defense to deliberate on the following: |
| 1. | Matters concerning establishment and modification of the master plans; |
| 2. | Matters concerning designation and modification of areas requiring measures against noise; |
| 3. | Matters concerning the policy and plan to pay compensation; |
| 4. | Matters concerning decisions on re-deliberation on compensation; |
| 5. | Other matters determined by the chairperson to be necessary to achieve the purpose of this Act. |
| (2) | The Central Deliberation Committee shall be composed of up to nine members, including one chairperson. |
| (3) | The Central Deliberation Committee shall be chaired by the Vice-Minister of National Defense, and members shall be appointed or commissioned from among the public officials of the Ministry of National Defense and relevant central administrative agencies and persons with extensive knowledge of and experience in noise generated by the operation of military airfields and military firing ranges. |
| (4) | The composition and operation of the Central Deliberation Committee, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 21 (Establishment and Functions of Regional Deliberation Committees on Noise Measures) |
| (1) | A regional deliberation committee on noise measures shall be established under the head of each Si/Gun/Gu to deliberate on the following: |
| 1. | Matters concerning decisions on persons eligible for compensation and the amounts of compensation and other relevant matters; |
| 2. | Matters concerning decisions on appeals to compensation. |
| (2) | The composition and organizations of regional deliberation committees, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 22 (Delegation of Authority) |
Part of the authority of the Minister of National Defense under this Act may be delegated to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
| Article 23 (Statement of Accounts) |
The head of a Si/Gun/Gu shall prepare a report on statement of accounts on compensation paid in each fiscal year and submit it to the Minister of National Defense by the end of February in the following year.
| Article 24 (Reporting and Inspection) |
| (1) | The Minister of National Defense may order the head of a Si/Gun/Gu to furnish a necessary report or to submit materials in respect of compensation, etc. and may authorize a public official of the Si/Gun/Gu to conduct an inspection, where necessary. |
| (2) | Any public official authorized to conduct an inspection under paragraph (1) shall carry a document verifying his or her authority and produce it to interested persons. |
| Article 25 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
Members of the Central Deliberation Committee and regional deliberation committees, who are not public officials, shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
| Article 26 (Penalty Provisions) |
| (1) | A person who receives compensation by fraud or other improper means shall be punished by imprisonment with labor for up to three years or a fine not exceeding 30 million won. |
| (2) | A person who attempts to commit an offense under paragraph (1) shall be punished. |
ADDENDUM <Act No. 16582, Nov. 26, 2019>
This Act shall enter into force one year after the date of its promulgation.