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ISLANDS DEVELOPMENT PROMOTION ACT

Act No. 17692, Dec. 22, 2020

 Article 1 (Purpose)
The purpose of this Act is to help residents on islands increase their income and improve their welfare by renovating and expanding infrastructure for production, earning, and living and by improving their living conditions. <Amended on Dec. 22, 2020>
[This Article Wholly Amended on Apr. 1, 2009]
 Article 2 (Definitions)
(1) The term "islands" in this Act means areas surrounded by the ocean at full tide: Provided, That any of the following areas shall be excluded: <Amended on Dec. 22, 2020>
1. The main island of the Jeju Special Self-Governing Province;
2. Islands for which a period prescribed by Presidential Decree has passed since they were connected to the mainland by a breakwater or a bridge.
(2) Paragraph (1) 2, above, shall not apply to islands which were designated as islands eligible for development under Article 4 and for which development projects established under Article 6 have not been completed. <Amended on Dec. 22, 2020>
[This Article Wholly Amended on Dec. 30, 2014]
 Article 2-2 (Day of Islands)
(1) August 8 of each year shall be as the Day of Islands to raise public awareness of the value and importance of islands.
(2) The State and local governments may hold events to meet the purpose of the Day of Islands.
[This Article Newly Inserted on Mar. 20, 2018]
 Article 3 (Relationship to Other Plans)
(1) Development plans under this Act shall take precedence over development plans under other Acts: Provided, That the foregoing shall not apply to military affairs, the Framework Act on the National Land, and the National Land Planning and Utilization Act.
(2) Development plans under this Act shall be formulated in line with development plans under other Acts.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 4 (Designation of Islands Eligible for Development)
(1) An island whose development is deemed necessary to achieve the purpose of this Act shall be designated as an island eligible for development (hereinafter referred to as "designated island"). <Amended on Dec. 22, 2020>
(2) A designated island shall be determined after deliberation by the committee for the deliberation on development of islands under Article 14 (hereinafter referred to as the "Island Development Deliberation Committee) upon request of the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor). The same shall apply to any modification thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
[This Article Wholly Amended on Apr. 1, 2009]
[Title Amended on Dec. 22, 2020]
 Article 5 (Public Notice of Designated Islands
The Minister of the Interior and Safety shall, after designating islands pursuant to Article 4, publicly notify the following matters: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
1. Objectives of the development;
2. The scope of designated islands and the development project;
3. Outline of the development project;
4. Duration of the development project.
[This Article Wholly Amended on Apr. 1, 2009]
[Title Amended on Dec. 22, 2020]
 Article 6 (Formulation of Project Plans)
(1) A Mayor/Do Governor having jurisdiction over a designated island shall prepare a project plan and submit it to the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
(2) The Minister of the Interior and Safety may formulate guidelines and standards necessary to prepare a project plan under paragraph (1), after deliberation by the Island Development Deliberation Committee. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
(3) A project plan under paragraph (1) shall include the following: <Amended on Dec. 22, 2020>
1. Matters concerning the improvement of residential environment and facilities necessary for increasing residents' income and improving their living standards;
2. Matters concerning the installation of infrastructure necessary for the promotion of industries and development of resources;
3. Matters concerning the improvement and expansion of means of transport, traffic systems, and telecommunications facilities necessary for the improvement of convenience in transportation and communications in islands;
4. Matters concerning the conservation of the national land, such as construction of breakwaters and tidal embankments and afforestation, necessary for preventing damage from a storm, flood, or other natural disaster;
5. Matters concerning the installation and improvement of facilities for education, welfare, medical service, cultural activities, and electricity, necessary for the promotion of residents' well-being;
6. Matters concerning the conservation of the islands’ environment;
7. Matters concerning assistance and subsidization for smooth distribution and supply of the necessities of life;
8. Matters concerning facilities necessary for national security;
9. Other matters necessary for the development of islands.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 7 (Finalization of Project Plans)
(1) A project plan under Article 6 shall be finalized after deliberation by the Island Development Deliberation Committee and then reported by the Minister of the Interior and Safety to the Prime Minister. The same shall also apply to proposed amendments to the final project plan. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
(2) An insignificant matter specified by Presidential Decree in a finalized project plan pursuant to paragraph (1) may be modified by the competent Mayor/Do Governor.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 8 (Finalization of Annual Project Plans)
(1) The competent Mayor/Do Governor shall prepare a project plan for the following year on an annual basis (hereinafter referred to as "annual project plan") in compliance with a project plan established pursuant to Article 7 (1) and submit the same to the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The Minister of the Interior and Safety shall finalize an annual project plan in consultation with the head of a relevant central administrative agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>
[This Article Wholly Amended on Apr. 1, 2009]
 Article 9 (Project Implementers)
(1) A project implementer for a designated island shall be the State, a local government, a public institution under Article 4 of the Act on the Management of Public Institutions, or a person designated by a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>
(2) A project implementer under paragraph (1) may, if necessary to efficiently implement a development project, entrust the project to the State, a local government, a public institution under Article 4 of the Act on the Management of Public Institutions, or any other person specified by Presidential Decree.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 10 (Financing of Projects)
(1) The State and each local government shall grant or arrange subsidies or loans to project implementers to help them finance their project plans and shall take other necessary measures.
(2) The ratio of the State's subsidization under paragraph (1) shall be specified by Presidential Decree.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 11 (Appropriations in Budget)
The head of each related central administrative agency and the head of the competent local government shall include project costs in the budget as necessary for efficiently implementing project plans.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 12 (Measures under other Relevant Provisions)
If a project implementer applies for permission, disposition, or another measure pursuant to a relevant Act in order to supply the land or waters in or around an island for the purpose of use specified in a project plan, the head of the related central administrative agency or the head of the competent local government shall take measures necessary for the development of such designated island, except under special circumstances. <Amended on Dec. 22, 2020>
[This Article Wholly Amended on Apr. 1, 2009]
 Article 13 (Tax Benefits)
The Government may provide tax benefits required to efficiently carrying out a project plan.
[This Article Wholly Amended on Apr. 1, 2009]
 Article 14 (Establishment of Island Development Deliberation Committee)
(1) The Ministry of the Interior and Safety shall establish the Island Development Deliberation Committee in order to deliberate on the following matters: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017; Jun. 9, 2020; Dec. 22, 2020>
1. Designation of an island under Article 4;
2. Guidelines and standards for the preparation of project plans under Article 6 (2);
3. Project plans under Article 6;
4. Other matters the chairperson deems necessary.
(2) The Island Development Deliberation Committee shall be comprised of no more than 20 members, including one chairperson and one vice chairperson. <Amended on Dec. 30, 2014; Dec. 22, 2020>
(3) The Minister of the Interior and Safety shall serve as the chairperson of the Island Development Deliberation Committee, while the vice chairperson shall be elected by, and from among its members. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017>
(4) The following persons shall be members of the committee: <Amended on Jan. 27, 2016; Dec. 22, 2020>
1. Vice Ministers or heads of relevant central administrative agencies, and persons prescribed by Presidential Decree from among members in general service of the Senior Executive Service;
2. Persons commissioned by the chairperson from among experts with extensive knowledge of and experience in the field of developing islands. .
(5) The chairperson of the committee may, where deemed necessary, request a relevant central administrative agency or a local government to present its opinions or submit data.
(6) Except as prescribed in paragraphs (1) through (5), other matters necessary to operate the Island Development Deliberation Committee shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Dec. 22, 2020>
[This Article Wholly Amended on Apr. 1, 2009]
[Title Amended on Dec. 22, 2020]
 Article 15 (Establishment of the Korea Island Promotion Agency)
(1) The Korea Island Promotion Agency (hereinafter referred to as the "Promotion Agency") shall be established to ensure comprehensive and systematic investigation, research, and policy formulation and promotion.
(2) The Promotion Agency shall be established at the time when it registers such establishment at the location of its main office.
(3) Matters necessary for the establishment and operation of the Promotion Agency shall be prescribed by Presidential Decree.
(4) The Promotion Agency shall carry out the following projects:
1. Comprehensive and systematic investigation and research necessary for the development of islands;
2. Assistance in investigations, research, evaluation, and policy formulation for the formulation of a project plan under Article 6;
3. Comprehensive and systematic statistical surveys on and management of islands;
4. Research on mid- to long-term development plans for, among others, increasing island residents’ income, improving their welfare, invigorating tourism, utilizing the ecosystem, culture, history, and resources of islands, and improving the value of islands;
5. Education, consultation, and public relations activities to promote the development of islands;
6. Exchange and cooperation with relevant domestic and foreign institutions ;
7. Projects entrusted by the head of a relevant central administrative agency or the head of a local government;
8. Other matters prescribed by Presidential Decree to ensure comprehensive and systematic development of islands.
(5) The Promotion Agency shall be operated with contributions from the Government and other proceeds.
(6) The Government may provide the Promotion Agency with contributions to cover expenses incurred in the establishment of the Promotion Agency, operation of its facilities, and promotion of its projects within budgetary limits.
(7) The Minister of the Interior and Safety shall guide and supervise the Promotion Agency and may have the Promotion Agency report matters regarding its affairs and submit materials, etc. where necessary.
(8) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Promotion Agency.
[This Article Newly Inserted on Dec. 22, 2020]
ADDENDA <Act No. 3923, Dec. 31, 1986>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Deleted. <Dec. 30, 1995>
ADDENDUM <Act No. 5125, Dec. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6001, Aug. 31, 1999>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6654, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9570, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That where any Act amended by Article 6 of this Addenda was promulgated before but its enforcement date has yet to arrive as at the time this Act enters into force, the amended parts of such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12918, Dec. 30, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13830, Jan. 27, 2016>
This Act shall enter into force three months after the date of its promulgation.
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 where any Act amended by Article 6 of this Addenda was promulgated before but its enforcement date has yet to arrive as at the time this Act enters into force, the amended parts of such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15498, Mar. 20, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM (Act No. 17372, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17692, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Establishment of Promotion Agency)
(1) The Minister of the Interior and Safety shall set up a committee for the establishment of the Korea Island Promotion Agency (hereinafter referred to as the "establishment committee") by commissioning seven or less incorporators within 30 days from the date of promulgation of this Act to carry out business affairs regarding the establishment of the Promotion Agency.
(2) The establishment committee shall prepare the articles of incorporation of the Promotion Agency, write the incorporators' names and affix their seals, or affix their signatures, thereon and then obtain authorization therefor from the Minister of the Interior and Safety.
(3) The director of the Promotion Agency at the time of its establishment shall be appointed by the Minister of the Interior and Safety.
(4) Upon appointment of a director, the establishment committee shall, without delay, transfer its business affairs to the director.