SPECIAL ACT ON SUPPORT FOR BORDER AREA
Wholly Amended by Act No. 10653, May 19, 2011
Amended by Act No. 10898, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12738, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 12989, Jan. 6, 2015
Act No. 13383, jun. 22, 2015
Act No. 14285, Dec. 2, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14569, Feb. 8, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16172, Dec. 31, 2018
Act No. 16902, Jan. 29, 2020
Act No. 17171, Mar. 31, 2020
Act No. 17520, Oct. 20, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to create new growth engines, support the improvement of the welfare of residents and contribute to strengthening national competitiveness and balanced national development through the systematic conservation and management of the natural environment by prescribing matters necessary for the sustainable development of undeveloped border areas due to the division into North Korea and South Korea.
The terms used in this Act are defined as follows:
| 1. | The term "border area" means Sis/Guns abutting the Demilitarized Zone established in accordance with the Military Armistice Agreement concluded on July 27, 1953 or the Northern Limit Line on the sea, and Sis/Guns prescribed by Presidential Decree based on the distance from the Civilian Access Control Line, geographical conditions, etc. among the areas south of the Civilian Access Control Line (hereinafter referred to as the "Civilian Access Control Line") defined in subparagraph 7 of Article 2 of the Protection of Military Bases and Installations Act: Provided, That the Demilitarized Zone shall be excluded; however, collective colony areas in the Demilitarized Zone shall be deemed part of the border area; |
| 2. | The term "comprehensive border area development plan" (hereinafter referred to as "comprehensive development plan") means a general master plan formulated pursuant to Article 5; |
| 3. | The term "specialized development district in the border area" means an area designated and announced officially pursuant to Article 17 as a district developed and created within the whole border area. |
| Article 3 (Responsibilities of the State) |
| Article 4 (Responsibilities of the State) |
| (1) | The State shall formulate and implement comprehensive policies for the utilization, development and preservation of a border area and formulate a plan for the support thereof. |
| (2) | The State and local governments shall formulate and implement plans and policies so that they may achieve the utilization, development and preservation of a border area harmoniously through the participation of residents and cooperation with the relevant local governments. |
| (3) | The State and local governments shall endeavor to achieve eco-friendly and sustainable development of the border area. |
CHAPTER II FORMULATION OF COMPREHENSIVE DEVELOPMENT PLAN
| Article 5 (Formulation and Determination of Comprehensive Development Plan) |
| (1) | The Minister of the Interior and Safety shall formulate a comprehensive development plan to develop the border area through the harmonious utilization, development and preservation of the relevant area. In such cases, he/she shall reflect of the conservation natural environment and special characteristics of national security of the border area in such plan, and consider the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 2, 2016; Jul. 26, 2017> |
| (2) | A comprehensive development plan shall contain the following: |
| 1. | Matters concerning the goals and basic directions of a comprehensive development plan; |
| 2. | Medium- to long-term basic policies concerning the utilization, development and preservation of the border area; |
| 3. | Matters concerning the demarcation of regions and designation of districts; |
| 4. | Matters concerning surveys of and research on the natural ecology and forest resources; |
| 5. | Matters concerning the conservation and management of the natural environment and the prevention of environmental pollution; |
| 6. | Matters concerning the systematic protection and management of forests and the systematic and ecological preservation and utilization of mountainous districts; |
| 7. | Matters concerning the establishment of infrastructure for peaceful unification or a unification zone; |
| 8. | Matters concerning projects for invigorating exchanges and cooperation between North and South Korea; |
| 9. | Matters concerning the fosterage of regional industries to be utilized as common growth engines of North and South Korea after unification; |
| 10. | Matters concerning the designation, development and operation of specialized development districts in the border area; |
| 11. | Matters concerning the preservation of military installations and security measures therefor; |
| 12. | Matters concerning the expansion and improvement of industrial infrastructure, such as agriculture, fisheries and forestry; |
| 13. | Matters concerning the expansion and improvement of infrastructure, such as electricity, communications, and gas; |
| 14. | Matters concerning the improvement of the residential environment, such as housing, waterworks and sewerage; |
| 15. | Matters concerning the prevention of disasters, such as damage from storm and flood; |
| 16. | Matters concerning the excavation, preservation, and management of cultural heritage; |
| 17. | Matters concerning the development of tourism resources and the promotion of the tourism industry; |
| 18. | Matters concerning the improvement and expansion of social overhead capital, such as roads, harbors, airports, information and communications; |
| 19. | Matters concerning the expansion of cultural and welfare facilities, such as educational, medical and welfare facilities; |
| 20. | Matters concerning the improvement and expansion of resident safety facilities, such as civil defense alarms and evacuation facilities; |
| 21. | Other matters necessary for the utilization, development and preservation of the border area. |
| (3) | The Minister of the Interior and Safety shall prepare guidelines (hereinafter referred to as "guidelines") to formulate a comprehensive development plan in consultation with the heads of the relevant central administrative agencies, and notify such guidelines to the Mayor of a Metropolitan City or a Do Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the border area. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety prepares guideline in such a manner that a project to develop relatively urbanized areas may be minimized based on the distance from the Civilian Access Control Line, the level of development, etc. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Mayor/Do Governor shall formulate a draft development plan of the border area under his/her jurisdiction (hereinafter referred to as "draft City/Do development plan") in accordance with the guidelines notified pursuant to paragraph (3) and submit it to the Minister of the Interior and Safety. In such cases, the Mayor/Do Governor shall reflect natural environment conservation measures prescribed in Article 7 (1) and forest management measures prescribed in paragraph (4) of the same Article in such draft plan. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | When the Mayor/Do Governor prepares a draft City/Do development plan pursuant to paragraph (5), he/she hear opinions of the heads of the relevant Sis/Guns and hold a public hearing to hear opinions of residents, related experts, etc. |
| (7) | The Minister of the Interior and Safety shall formulate a draft comprehensive development plan based on draft City/Do development plans submitted pursuant to paragraph (5) and determined the same after deliberation by the Border Area Policy Deliberative Committee established under Article 9 upon consultation with the heads of the relevant central administrative agencies. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (8) | The Minister of the Interior and Safety shall notify the heads of the relevant central administrative agencies and the Mayor/Do Governors of a comprehensive development plan determined pursuant to paragraph (7). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (9) | Where the Minister of the Interior and Safety intends to include matters excluded from draft City/Do development plans additionally when formulating a comprehensive development plan pursuant to paragraph (7), he/she shall hold a public hearing to hear opinions of residents in the relevant area and related experts, etc. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (10) | Paragraphs (3) through (9) shall apply to an amendment to a comprehensive development plan: Provided, That this shall not apply to an amendment to insignificant matters prescribed by Presidential Decree. |
| (11) | The Military Armistice Agreement shall apply to the formulation of a plan or the execution of a project for a collective colony area in the Demilitarized Zone under the proviso to subparagraph 1 of Article 2, and the subject matter of such plan and project shall be limited to infrastructure required for the livelihood of residents, such as roads, waterworks and sewerage. |
| Article 6 (Basic Investigations to Formulate Comprehensive Development Plan) |
| (1) | Where the Minister of the Interior and Safety intends to formulate or amend a comprehensive development plan, he/she may investigate or survey the population, economy, communities, culture, environment, the utilization of land, and other matters prescribed by Presidential Decree in the border area. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may request the head of any relevant central administrative agency or the head of a local government to submit data required for investigations or surveys under paragraph (1). In such cases, the head of the relevant central administrative agency or the head of the local government so requested shall comply with such request except in extenuating circumstances. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | If necessary for efficient investigations or surveys, the Minister of the Interior and Safety may entrust a specialized institution with such investigations or surveys referred to in paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 7 (Establishment of Natural Environment Conservation Measures) |
| (1) | The Minister of Environment shall conduct a basic investigation to prevent indiscriminate development of the border area and the surrounding areas thereof and to conserve the natural environment systematically, and establish and implement natural environment conservation measures on the basis thereof. |
| (2) | Natural environment conservation measures referred to paragraph (1) shall include the following: |
| 1. | Current status of the natural environment of the border area and future prospects; |
| 2. | Basic directions and goals concerning the conservation of the natural environment of the border area; |
| 3. | Conservation and management of the natural scenery of the border area; |
| 4. | Other matters deemed necessary to protect the natural environment and ecological scenery of the border area. |
| (3) | The Minister of Environment may request the head of any relevant central administrative agency or the head of a local government to submit data required for establishing and implementing natural environment conservation measures under paragraph (1) or cooperate with him/her. In such cases, the head of the relevant central administrative agency or the head of the local government shall comply with such request except in extenuating circumstances. |
| (4) | The Chief of Korea Forest Service shall conduct a basic investigation for the systematic protection and management of forests, and the systematic and ecological conservation and utilization of mountainous districts in the border area, and establish and implement forests management measures. |
| (5) | The Minister of Environment and the Chief of Korea Forest Service may entrust a related specialized institution or organization with a basic investigation referred to in paragraphs (1) and (4). In such cases, he/she may subsidize some of expenses incurred therein to the related institution or organization. |
| Article 8 (Formulation and Determination of Annual Project Plans) |
| (1) | The Mayor/Do Governor shall formulate an annual project plan in accordance with a comprehensive development plan notified pursuant to Article 5 (8) and submit it to the Minister of the Interior and Safety. In such cases, he/she shall reflect the natural environment conservation measures under Article 7 (1) and the forests management measures under paragraph (4) of the same Article in such project plan. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Mayor/Do Governor formulates an annual project plan pursuant to paragraph (1), he/she shall hear opinions of the heads of Sis/Guns under his/her jurisdiction. In such cases, the head of a Si/Gun shall have prior consultation with the commanding officers of military units under his/her jurisdiction, etc. (hereinafter referred to as "commanding officers of military units, etc.") pursuant to Article 8 (2) of the Protection of Military Bases and Installations Act and submit his/her opinion. |
| (3) | The Minister of the Interior and Safety shall determine an annual project plan submitted pursuant to paragraph (1) through deliberation by the Border Area Policy Deliberative Committee established under Article 9 after having consulted with the heads of the relevant central administrative agencies. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety shall notify the heads of the relevant central administrative agencies and the head of the relevant Mayor/Do Governor of an annual project plan (hereinafter referred to as "annual project plan") determined pursuant to paragraph (3). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Paragraphs (1) through (4) shall apply mutatis mutandis to an amendment to an annual project plan: Provided, That this shall not apply to an amendment to insignificant matters prescribed by Presidential Decree. |
| (6) | Matters necessary for major details of an annual project plan and the formulation of such plan, etc. shall be prescribed by Presidential Decree. |
CHAPTER III ESTABLISHMENT OF BORDER AREA POLICY DELIBERATIVE COMMITTEE
| Article 9 (Border Area Policy Deliberative Committee) |
| (1) | The Border Area Policy Deliberative Committee (hereinafter referred to as "Committee") shall be established under the jurisdiction of the Minister of the Interior and Safety to deliberate on the following matters for the development of the border area: <Amended on Oct. 20, 2020> |
| 1. | Matters concerning the determination of and amendments to a comprehensive development plan; |
| 2. | Adjustment of the priority order of projects to develop the border area; |
| 3. | Matters concerning the determination of, amendments to and comprehensive adjustment of an annual project plan; |
| 4. | Examination on the necessity, appropriateness, public interest, etc. of the expropriation or use of land, etc. in relation to a comprehensive development plan or an annual project plan; |
| 5. | Matters concerning the designation, cancellation and operation of specialized development districts in the border area; |
| 6. | Matters concerning the improvement of a system for developing the border area and supporting the residents thereof; |
| 7. | Other matters deemed necessary by the chairperson of the Committee to achieve the purposes of this Act. |
| (2) | The Committee shall be comprised of not exceeding 30 members, including one chairperson, and the Prime Minister shall be the chairperson. <Amended on Mar. 10, 2013> |
| (3) | The Border Area Policy Working Committee (hereinafter referred to as the “Working Committee”) shall be established to review agenda to be deliberated upon by the Committee and to deal with matters entrusted by the Committee and other matters requested by the chairperson. <Newly Inserted by Dec. 2, 2016> |
| (4) | The Minister of the Interior and Safety shall be the chairperson of the Working Committee. <Newly Inserted by Dec. 2, 2016; Jul. 26, 2017> |
| (5) | The composition and operation of the Committee and the Working Committee, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016> |
| Article 10 (Border Area Development Council) |
| (1) | The Border Area Development Council, which is comprised of public officials, such as the heads of the relevant local governments, and non-governmental experts, shall be established to deliberate on the following matters for the development of the border area: |
| 1. | Development of major policies concerning the development of the border area; |
| 2. | Discovery and consultation on joint development projects among local governments having jurisdiction over the border area; |
| 3. | Other matters necessary for joint development of the border area. |
| (2) | Other matters necessary for the composition and operation of the Border Area Development Council shall be prescribed by Presidential Decree. |
| Article 11 (Border Area Development Planning Bureau) |
| (1) | The Board Area Development Planning Bureau shall be established under the jurisdiction of the Minister of the Interior and Safety to perform affairs relating to the development of the board area efficiently and support the business affairs of the Committee. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Board Area Development Planning Bureau shall perform the following affairs: <Amended on Dec. 2, 2016> |
| 1. | Formulating and planning of policies and systems concerning the development of the border area; |
| 2. | Formulating and planning of systems concerning the designation and operation of specialized development districts in the border area; |
| 3. | Cooperation among agencies for the establishment of a comprehensive development plan; |
| 4. | Support for the operation of the Committee, such as the preparation of bills of the Committee; |
| 5. | Other matters necessary for the development of the border area. |
| (3) | Other matters necessary for composition and operation of the Border Area Development Planning Bureau shall be prescribed by Presidential Decree. |
CHAPTER IV IMPLEMENTATION OF PROJECTS
| Article 12 (Project Operators) |
The operator of a project (hereinafter referred to as "project operator") implemented in accordance with an annual project plan shall be any of the following persons:
| 5. | A private enterprise (limited to a person whose financial soundness, etc. meets the standards prescribed by Presidential Decree); |
| 6. | A corporation incorporated by joint investment between any entity referred to in subparagraphs 1 through 4 and an entity referred to in subparagraph 5. |
| Article 13 (Approval for Implementation of Projects) |
| (1) | Where a project operator (excluding persons prescribed in subparagraphs 1 and 2 of Article 12) intends to implement a project, he/she shall obtain approval from the head of a local government (hereinafter referred to as "project approval authority") under the following classification. In such cases, when the head of the relevant Mayor/Do Governor intends to give approval pursuant to subparagraph 3, he/she shall undergo consultation with another Mayor/Do Governor: |
| 1. | Where the relevant project is implemented in one Si/Gun: The head of the competent Si/Gun; |
| 2. | Where the relevant project is implemented across at least two Sis/Guns: The competent Mayor/Do Governor; |
| 3. | Where the relevant project is implemented across at least two Sis/Guns under the jurisdiction of another Metropolitan City or Do: The Mayor/Do Governor who has jurisdiction over an area that exceeds one half of the area for the implementation of a project. |
| (3) | Where a person who has obtained approval to implement a project pursuant to paragraph (1) intends to modify approved matters, he/she shall obtain approval for modifications from a project approval authority: Provided, That this shall not apply to a modification to insignificant matters prescribed by Presidential Decree. |
| (4) | A person who intends to obtain approval to implement a project pursuant to paragraph (1) and a person who intends to obtain approval for a modification to a project pursuant to paragraph (3), he/she shall submit a project implementation plan, investment plan, etc. to a project approval authority, as prescribed by Presidential Decree. |
| (5) | A project approval authority shall examine the feasibility, etc. of a project implementation plan, investment pan, etc. submitted pursuant to paragraph (4) and determine whether to approve them. |
| (6) | When a project approval authority approves the implementation of a project pursuant to paragraph (1) or approves modifications to a project pursuant to paragraph (3), he/she shall announce such project implementation plan officially, as prescribed by Presidential Decree: Provided, That he/she may announce it officially, excluding matters concerning confidential information for national security. |
| (7) | Where a project operator falls under any of the following subparagraphs, a project approval authority may revoke approval to implement a project or approval for modifications: |
| 1. | Where he/she fails to commence a project within two years after obtaining approval to implement a project; |
| 2. | Where he/she has obtained approval by false or other unlawful means; |
| 3. | Where a project approval authority deems that a project operator is unable to implement a project continuously due to changes in circumstances or he/she may substantially harm the public interest. |
| (8) | Where a project approval authority has revoked approval to implement a project or approval for modifications pursuant to paragraph (7), he/she shall announce such fact officially without delay. |
| (9) | Where a project operator referred to in subparagraphs 1 and 2 of Article 12 intends to implement a project, it shall formulate a project implementation plan in consultation with a project approval authority, and announce such project implementation plan officially, as prescribed by Presidential Decree. |
| Article 14 (Authorization and Permission Deemed Granted) |
| (1) | Where a project operator (excluding persons prescribed in subparagraphs 1 and 2 of Article 12) has obtained approval of a project implementation plan (including approval for modifications) pursuant to Article 13 (1) and (3), or a project operator prescribed in subparagraphs 1 and 2 of Article 12 has formulated and officially announced a project implementation plan pursuant to Article 13 (9), he/she shall be deemed to have obtained permission, authorization, designation, approval, consultation, reporting, decision, etc. under the following subparagraphs (hereinafter referred to as "authorization, permission, etc.") on the matters a project approval authority has consulted with the head of the relevant administrative agency pursuant to paragraph (3), and when a project implementation plan has been announced officially pursuant to Article 13 (6) or (9), notification or an official announcement of authorization, permission, etc. under the following Acts shall be deemed made: <Amended on Jan. 14, 2014; Jun. 3, 2014; Dec. 2, 2016; Dec. 27, 2016; Feb. 8, 2017; Jan. 29, 2020; Mar. 31, 2020> |
| 11. | Permission to reinter a grave under Article 27 of the Act on Funeral Service, Etc.: Provided, That the formalities of an official announcement under the same Act shall not be omitted; |
| 25. | Authorization for or reports on the plan to construct an electric facility for private use pursuant to Article 8 of the Electric Safety Management Act; |
| (2) | A person who intends to obtain authorization, permission, etc. deemed granted pursuant to paragraph (1) applies for approval of a project execution plan (including approval for modifications) or requests a project approval authority to hold consultation to formulate a project implementation plan, he/she shall also submit related documents prescribed by relevant Acts. |
| (3) | Where a project approval authority intends to approve a project implementation plan (including approval for modifications) pursuant to Article 13 (1) and (3) or present its opinion on a project implementation plan requested to hold consultation pursuant to Article 13 (9), if matters falling under any subparagraph of paragraph (1) are included in such project implementation plan, it shall pre-consult with the head of the relevant administrative agency. |
| (4) | The head of the relevant administrative agency requested to hold consultation by a project approval authority pursuant to paragraph (3) shall present his/her opinion within 20 days in receipt of a request to hold consultation except in extenuating circumstances, and if he/she fails to present his/her opinion within the same period, he/she shall be deemed to have no opinion. |
| Article 15 (Expropriation or Use of land) |
| (1) | If necessary for implementing a project specified in a project implementation plan announced officially pursuant to Article 13 (6) and (9), a project operator may expropriate or use land, objects or rights (hereinafter referred to as "land, etc.") defined in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects: Provided, That a project operator referred to in subparagraph 5 or 6 of Article 12 shall purchase land equivalent to at least two-thirds of the area of land intended for a project and obtain the consent of persons equivalent to at least one half of the total number of landowners. |
| (3) | The competent Land Tribunal for the ruling on the expropriation or use of land, etc. under paragraph (1) shall be the Central Land Tribunal. |
| (4) | A project operator may entrust the Mayor/Do Governor, the head of a Si/Gun or other person prescribed by Presidential Decree with affairs relating to acquisition of or compensation for land, etc. for a project specified in a project implementation plan, as prescribed by Presidential Decree. |
| Article 16 (Vesting of Public Facilities) |
| (1) | Where the State or a local government is a project operator, if it builds new public facilities replacing the existing ones through the implementation of a project, the former public facilities shall be vested in the project operator and the newly-built public facilities shall be vested in the State or a local government to manage such facilities, notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes. |
| (2) | In cases of a project operator, other than the State or a local government, newly-built public facilities through the implementation of a project shall be vested in the State or the local government to manage such facilities, and the property owned by the State or a local government, which is disused because its function as public facilities is replaced by the implementation of a project, may be transferred to such project operator free of charge within the extent equivalent to expenses incurred in building new public facilities by the project operator, notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes. |
| (3) | Necessary matters concerning standards for appraisal of the value of property of, or expenses incurred in building public facilities subject to vesting or transfer pursuant to paragraph (1) or (2) shall be prescribed by Presidential Decree. |
CHAPTER V SUPPORT FOR DEVELOPMENT OF BORDER AREA
| Article 17 (Designation and Operation of Specialized Development Districts in Border Area) |
| (1) | The Minister of the Interior and Safety may designate specialized development districts in the border area in consultation with the heads of the relevant central administrative agencies and the relevant Mayors/Do Governors upon deliberation by the Border Area Policy Deliberative Committee established under Article 9. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When the Minister of the Interior and Safety has designated specialized development districts in the border area pursuant to paragraph (1), he/she shall officially announce a project implementation plan therefor, as prescribed by Presidential Decree: Provided, That he/she may officially announce such plan, excluding matters concerning confidential information for national security. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a project for specialized development districts designated and officially announced pursuant to paragraphs (1) and (2) is not commenced within five years from the date such project implementation plan is officially announced, or within three years from the date the implementation of a project is approved pursuant to Article 13, approval for implementation of a project shall become void. |
| (4) | When the Minister of the Interior and Safety deems that specialized development districts in the border area designated and officially announced pursuant to paragraphs (1) and (2) are no longer necessary for implementing a project for utilizing and preserving a border area, he/she shall cancel designation of the specialized development districts in the border area after deliberation by the Border Area Policy Deliberative Committee under Article 9, and officially announce such cancellation, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Specifics concerning designation and public notice of a specialized development district in the border area shall be prescribed by Presidential Decree. |
| Article 18 (Support for Project Costs) |
| (1) | The State or a local government may provide a person who has obtained approval to implement a project pursuant to Article 13 with a subsidy or loans, or mediate necessary funds, or take other necessary measures in order to efficiently implement a comprehensive development and an annual project plan. |
| (2) | Notwithstanding the differential subsidy rates prescribed in Article 10 of the Subsidy Management Act and the subsidy rates prescribed in other Acts, State subsidies for a project implemented by a local government in the border area in accordance with a comprehensive development plan and an annual project plan may be granted by increasing such rates In such cases, the subsidy rates thereof shall be prescribed by Presidential Decree. <Amended on Jul. 25, 2011> |
| (3) | The Minister of the Interior and Safety may specially grant local subsidies under the Local Subsidy Act to support the implementation of projects in a comprehensive development plan and an annual project plan, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 19 (Reduction of or Exemption from Charges) |
If necessary to implement a comprehensive development plan and an annual project plan efficiently, the State or a local government may grant a reduction or exemption of the following charges, etc. to a person who has obtained approval to implement a project under Article 13: | 2. | Expenses for creating replacement grassland under the Grassland Act; |
| 4. | Charges for occupation and use of a river and charges for use of river water imposed under River Act; |
| 5. | Farmland conservation charges imposed under the Farmland Act. |
| Article 20 (Support to Enterprises) |
| (1) | The State or a local government may provide taxation support, such as the reduction of or exemption from taxes, to a person who establishes a company, constructs a new factory or extends a factory in the border area, or relocates his/her company or factory to the border area in accordance with a comprehensive development plan and an annual project plan, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act and other tax-related Acts. |
| Article 21 (Support for Social Overhead Capital) |
| (2) | Notwithstanding Article 85 (1) of the Road Act, the State may subsidize some expenses incurred in construing a local road led by a local government in the border area. <Amended on Jan. 14, 2014> |
| (3) | The State may subsidize some expenses incurred in building etc. a ship that sails on the border area in order to offer transportation convenience to residents in the border area. |
| Article 22 (Support for Private Financing Projects) |
The head of a central administrative agency or a local government may take supportive measures, as prescribed in the Balanced Regional Development and Support for Local Small and Medium Enterprises Act, in relation to a project operator prescribed in subparagraph 5 of Article 12 who implements a project in accordance with a comprehensive development plan and an annual project plan in the border area, and where the head of another central administrative agency or the head of another local government has authority over such supportive measures, the head of a central administrative agency or the head of a local government request the head of the relevant central administrative agency or the head of the relevant local government to take such supportive measures.
| Article 23 (Support for Social Welfare and Education on Unification) |
| (1) | The State and a local government may provide necessary support for building social welfare facilities, such as nursing homes, welfare centers for the disabled, child-care centers, hospitals, and youth centers, in the border area. |
| (2) | The Minister of Unification may implement programs for field trips and visits to the border area in order to encourage education on unification and may subsidize some expenses incurred therein to related institutions or organizations. |
| Article 24 (Support for Educational, Cultural or Tourism Facilities) |
| (1) | The State and local governments shall ensure that cultural facilities, including schools of all levels, culture and art centers, libraries, museums, etc., tourism, lodging, entertainment, passenger facilities or sports facilities (hereinafter referred to as "educational, cultural or tourism facilities") may be properly established in and invited to the border area. |
| (2) | The State and a local government may preferentially grant approval, permission, etc. to a person who establishes educational, cultural or tourism facilities in the border area pursuant to paragraph (1) or who intends to relocate educational, cultural or tourism facilities established in an area outside the border area, to the border area. |
| (4) | The Minister of Culture, Sports and Tourism may provide a local government or project operator with culture and art promotion funds established under Article 16 of the Culture and Arts Promotion Act in order to support projects or activities for promoting culture and art in the border area. |
| Article 25 (Support for Agriculture, Forestry, Marine Affairs and Fisheries) |
| (1) | The State and a local government may provide support to foster the production infrastructure of agricultural, forestry or maritime industries and fisheries in the border area, as prescribed by Presidential Decree. |
| (3) | The State shall endeavor to supply agricultural livestock or fisheries products produced in the border area preferentially to military units. |
| Article 26 (Employment of and Support for Local Residents) |
| (1) | A project operator shall give priority to employing local residents in the neighborhood of a place of business, as prescribed by Presidential Decree. |
| (3) | A person who has obtained approval to implement a project and an enterprise that moves to the border area shall endeavor to give priority to purchasing industrial products, agricultural products, livestock products, fisheries products, etc. produced in the relevant border area or the border area adjacent to such border area. |
| (4) | The Minister of Land, Infrastructure and Transport may provide housing and urban funds established under Article 60 of the Housing and Urban Fund Act to housing built in the border area. <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| Article 27 (Provision of Subsidies for Repair of Waterways) |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 28 (Submission of Data, and Entry and Inspections) |
| (1) | If necessary, a project approval authority may require a project operator under subparagraph 5 or 6 of Article 12 to submit data or cause public officials under his/her jurisdiction to enter a place of business and conduct an inspection. |
| (2) | A public official in charge of entry and inspections pursuant to paragraph (1) shall carry an identity card indicating his/her authority and produce it to relevant persons. |
A project approval authority shall hold a hearing to cancel approval pursuant to Article 13 (7).
| Article 30 (Delegation of Authority) |
The head of the relevant central administrative agency may delegate part of his/her authority under this Act to the Mayor/Do Governor or the head of a Si/Gun, as prescribed by Presidential Decree.
| Article 31 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding two million won: |
| 1. | A person who fails to comply with an order to submit data under Article 28 (1) or submits false data; |
| 2. | A person who refuses, interferes with, or evades an inspection under Article 28 (1) without any justifiable ground. |
| (2) | A project approval authority shall impose and collect administrative fines under paragraph (1). |
ADDENDA <Act No. 10653, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Authorization, Permission, etc. Deemed Granted)
The amended provisions of Article 14 shall begin to apply from the first cases where a project operator obtains approval to execute a project (including approval for modification) after submitting a project execution plan or a project operator under subparagraph 1 or 2 of Article 12 formulates and officially announces a project execution plan in consultation with a project approval agency after this act enters into force. Article 3 (Applicability to Expropriation or Use of Land, etc.)
The amended provisions of Article 15 shall begin to apply from the first project execution plan which a project operator submitted and obtains approval to execute a project (including approval for modification) or a project operator that is the State or a local government formulates a project execution plan in consultation with a project approval agency and officially announces it officially pursuant to the amended provisions of Article 13 (6) and (9) after this act enters into force. Article 4 (Transitional Measures concerning Border Area Support Act, Act No. 6185) A person who has commenced construction works or a project with approval, permission, etc. concerning construction of a building, building of a structure or other facilities or change of the form or quality of land in accordance with related Acts and subordinate statutes before the Border Area Support Act (Act No. 6185) enters into force, may execute such construction works or project continuously without approval under this Act. Article 5 (Transitional Measures concerning Comprehensive Border Area Plan, etc.)
| (1) | A comprehensive border area plan established under Article 4 of the former Border Area Support Act as at the time this Act enters into force shall be deemed a comprehensive development plan under the amended provisions of Article 5. |
| (2) | An annual project plan established under Article 6 of the former Border Area Support Act as at the time this Act enters into force shall be deemed an annual project plan under the amended provisions of Article 8. |
| (3) | Approval to execute a project (including approval for modifications) obtained from a project approval authority pursuant to Article 8 of the former Border Area Support Act as at the time this Act enters into force shall be deemed approval of a project execution plan (including approval for modifications) obtained from a project approval authority pursuant to the amended provisions of Article 13. |
Article 6 (Transitional Measures concerning Approval for Execution of Projects)
Where a project operator has applied for approval to execute a project (including approval for modifications) pursuant to Article 8 of the former Border Area Support Act as at the time this Act enters into force, the former provisions shall apply in relation to whether a project approval agency approves the execution thereof (including approval for modifications). Article 7 (Transitional Measures concerning Authorization, Permission, etc. Deemed Granted)
Where a project operator has obtained approval to execute a project (including approval for modifications) pursuant to Article 8 of the former Border Area Support Act as at the time this Act enters into force or obtains approval to execute a project (including approval for modifications) pursuant to Article 6 of Addenda, Article 9 of the former Border Area Support Act shall apply to authorization, permission, etc. deemed granted. Article 8 (Transitional Measures concerning Disposition, etc.)
An act done by or against an administrative agency under the former Border Area Support Act as at the time this Act enters into force shall be deemed an act done by or against an administrative agency under this Act corresponding thereto. Article 9 (Transitional Measures concerning Enforcement Date of the National Land Planning and Utilization Act) The term "urban and Gun management plan" and "the project operator of a planned urban and military facilities" in the amended provisions of Article 14 (1) 9 shall be construed as "urban management plan" and "project operator of a planned urban facilities", respectively, until April 14, 2012. Article 10 Omitted.
Article 11 (Relationships with other Statutes)
Where the former Border Area Support Act is or the provisions thereof are cited by other statutes as at the time this Act enters into force, this Act or the relevant provisions of this Act shall be deemed cited in lieu of the former Border Area Support Act or the provisions thereof if provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 10898, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
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. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14285, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 9 (3) through (5) and 11 (2) 3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Authorization, Permission, etc. Deemed Granted)
The amended provisions of Article 14 (1) 2, 4, 26 and 34 shall begin to apply from the approval of a project execution plan (including approval for modification) or the public notice of a project execution plan (including public notice of modification) given by a project operator under subparagraphs 1 and 2 of Article 12 after this Act enters into force.
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. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16172, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 17520, Oct. 20, 2020>
This Article shall enter into force six months after the date of its promulgation.