NEW HARBOR CONSTRUCTION PROMOTION ACT
Act No. 5251, Dec. 31, 1996
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5864, Feb. 8, 1999
Act No. 5893, Feb. 8, 1999
Act No. 5911, Feb. 8, 1999
Act No. 5914, Feb. 8, 1999
Act No. 5922, Feb. 8, 1999
Act No. 6095, Dec. 31, 1999
Act No. 6656, Feb. 4, 2002
Act No. 6841, Dec. 30, 2002
Act No. 6842, Dec. 30, 2002
Act No. 6893, May 29, 2003
Act No. 7304, Dec. 31, 2004
Act No. 7386, Jan. 27, 2005
Act No. 7459, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 8042, Oct. 4, 2006
Act No. 8338, Apr. 6, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9037, Mar. 28, 2008
Act No. 9071, Mar. 28, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9763, jun. 9, 2009
Act No. 9770, jun. 9, 2009
Act No. 9773, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10672, May 19, 2011
Act No. 11037, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11794, May 22, 2013
Act No. 12087, Aug. 13, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12542, Mar. 24, 2014
Act No. 12826, Oct. 15, 2014
Act No. 13414, Jul. 20, 2015
Act No. 13433, Jul. 24, 2015
Act No. 14532, Jan. 17, 2017
Act No. 15007, Oct. 31, 2017
Act No. 15460, Mar. 13, 2018
Act No. 16512, Aug. 20, 2019
Act No. 16902, Jan. 29, 2020
Act No. 17041, Feb. 18, 2020
Act No. 17041, Feb. 18, 2020
Act No. 17171, Mar. 31, 2020
The purpose of this Act is to meet the rapidly increasing demand for harbors and to contribute to developing the national economy by providing for matters necessary for facilitating construction of new harbors, and by efficiently implementing new harbor construction projects.
[This Article Wholly Amended on Mar. 24, 2014]
The terms used in this Act are defined as follows: <Amended on Oct. 31, 2017>
| 1. | The term "new harbor" means a harbor designated and publicly notified by the Minister of Oceans and Fisheries, which is to be constructed to facilitate efficient transportation of exported and imported cargo, etc.; enhance convenience of harbor users; and boost harbor-related industries; |
| 2. | The term "new harbor construction project" means any of the following projects necessary for constructing and operating a new harbor: |
| (b) | A project for constructing roads, railroads, or canals connecting a new harbor with main arterial roads to transport cargo, passengers, etc. to and from the new harbor; |
| (c) | A project for developing harbor-related infrastructure, such as goods distribution facilities, information and communications facilities, amenities for harbor users and those engaged in harbor-related business, and marine waterfronts; |
| (d) | A project for developing residential infrastructure for those engaged in harbor-related business and relocated residents; |
| (e) | A project for reclaiming public waters to develop an area prearranged for constructing a new harbor. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 3 (Formulation of Master Plans for Construction of New Harbors) |
| (1) | Where necessary to construct a new harbor, the Minister of Oceans and Fisheries shall formulate a master plan to construct the new harbor (hereinafter referred to as "master plan"), as prescribed by Presidential Decree. |
| (2) | To formulate a master plan pursuant to paragraph (1), the Minister of Oceans and Fisheries shall consult in advance with the relevant Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor involved in the master plan (hereinafter referred to as "Mayor/Do Governor") and the heads of relevant central administrative agencies. |
| (3) | Upon formulating a master plan pursuant to paragraph (1), the Minister of Oceans and Fisheries shall publicly notify the master plan, as prescribed by Presidential Decree, and forward the master plan to the relevant Mayor/Do Governor to make it available to public perusal for at least 14 days. |
| (4) | To formulate a reasonable master plan, the Minister of Oceans and Fisheries may designate a specialized agency that shall take exclusive charge of surveys and research necessary for determining the timing for developing new harbors, the scale of a new harbor, etc. <Amended on Oct. 31, 2017> |
| (5) | The criteria for designating a specialized agency under paragraph (4) and for revoking such designation and matters necessary for rendering assistance, etc. to such specialized agency shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017> |
| (6) | When the Minister of Oceans and Fisheries formulates or amends a master plan pursuant to paragraph (1) or Article 4-2 and publicly notifies the master plan pursuant to paragraph (3) (including cases to which paragraph (3) shall apply mutatis mutandis pursuant to Article 4-2 (3)), the relevant harbor master plan shall be deemed to be amended and publicly notified pursuant to Articles 7 and 8 of the Harbor Act. <Newly Inserted on Oct. 31, 2017> |
| (7) | When the Minister of Oceans and Fisheries formulates a master plan, he or she shall submit it to the competent standing committee of the National Assembly without delay. <Newly Inserted on Aug. 20, 2019> |
| (8) | If necessary to formulate a master plan, the Minister of Oceans and Fisheries may request the submission of relevant materials from the head of a related central administrative agency or a Mayor/Do Governor. In such cases, the head of the related central administrative agency or the Mayor/Do Governor upon receipt of such request shall comply therewith, unless there is good cause. <Newly Inserted on Aug. 20, 2019> |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 3-2 (Persons Deemed Public Officials for Purposes of Penalty Provisions) |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 4 (Contents of Master Plans) |
Each master plan shall include: <Amended on Oct. 31, 2017>
| 1. | Basic directions for constructing the relevant new harbor; |
| 2. | An overview of the new harbor construction plan; |
| 3. | A mid- to long-term development plan; |
| 4. | A land-use plan and an infrastructure plan regarding the relevant new harbor construction project; |
| 4-2. | Matters concerning the designation of an area prearranged for constructing the relevant new harbor; |
| 5. | Other matters specified by Presidential Decree. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 4-2 (Amendments of Master Plans) |
| (1) | The Minister of Oceans and Fisheries shall review the feasibility of a master plan once every five years from the date the master plan is formulated. |
| (2) | The Minister of Oceans and Fisheries may amend a master plan if: |
| 1. | It is necessary to amend the master plan through the feasibility review under paragraph (1); |
| 2. | It is necessary to amend the master plan due to such reasons as rapid changes in economic conditions. |
| (3) | Article 3 (2) and (3) shall apply mutatis mutandis to amending master plans under paragraph (2): Provided, That the foregoing shall not apply to any modification of minor matters specified by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 5 (Designation of Prearranged Areas) |
| (1) | The Minister of Oceans and Fisheries may designate a specified area of territorial sea or a certain area necessary for implementing a new harbor construction project, as an area prearranged for constructing a new harbor (hereinafter referred to as "prearranged area"), or may alter a prearranged area so designated. |
| (2) | When the Minister of Oceans and Fisheries intends to designate a prearranged area or alter a prearranged area under paragraph (1), he or she shall consult in advance with the relevant Mayor/Do Governor and the heads of relevant central administrative agencies. |
| (3) | When the Minister of Oceans and Fisheries designates or changes a prearranged area under paragraph (1), he or she shall give public notification thereof, as prescribed by Presidential Decree. |
| (4) | When the head of a relevant administrative agency intends to grant permission, approval, authorization, licenses, or accept registration (hereafter in this paragraph referred to as "permission, approval, etc.") for any activity specified by Presidential Decree, such as changing the form or quality of land, constructing a building, erecting an artificial structure, extracting soil, stones, gravel, or sand, or capturing, gathering, or cultivating aquatic animals and plants, in a prearranged area, he or she shall seek the opinion of the Minister of Oceans and Fisheries thereon. The foregoing shall also apply where he or she intends to grant permission, approval, etc. to amend any matter already permitted or approved. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 6 Deleted. <Feb. 8, 1999> |
| Article 7 (Operators of New Harbor Construction Projects) |
| (1) | A new harbor construction project shall be implemented by the Minister of Oceans and Fisheries or a person designated by the Minister of Oceans and Fisheries (hereinafter referred to as "project operator"), from among the following persons: Provided, That if a new harbor construction project is implemented as a public-private partnership project pursuant to the Act on Public-Private Partnerships in Infrastructure, the operator of such project shall be deemed a project operator designated under this Act pursuant to Article 13 (4) of the aforesaid Act: <Amended on Oct. 31, 2017> |
| 1. | A State agency or a local government; |
| 5. | A private investor who meets eligibility requirements prescribed by Presidential Decree, such as capital; |
| 6. | A corporation incorporated with investments made by two or more persons referred to in subparagraphs 1 through 5 for implementing a new harbor construction project. |
| (2) | A person who wishes to be designated as a project operator under paragraph (1) shall prepare a project plan to construct a new harbor (hereinafter referred to as "project plan") in accordance with the master plan publicly notified under Article 3 (3), as prescribed by Presidential Decree, and obtain approval of the project plan from the Minister of Oceans and Fisheries. The foregoing shall also apply where the person intends to amend an approved project plan. |
| (3) | If necessary for approving a project plan under paragraph (2), the Minister of Oceans and Fisheries may request a specialized institution to assess the feasibility of the project plan, as prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017> |
| (4) | Where the Minister of Oceans and Fisheries requests a specialized institution to assess the feasibility of a project plan under paragraph (3), the Minister may require the person who wishes to be designated as the project operator to pay all or some of the expenses incurred in assessing the feasibility of the project plan. <Newly Inserted on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 8 (Formulation of Implementation Plans) |
| (1) | A project operator shall formulate a plan to implement a new harbor construction project (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree, and may formulate an implementation plan for each phase or for each facility, where necessary for efficiently implementing a new harbor construction project. In such cases, any project operator, other than the Minister of Oceans and Fisheries, shall obtain approval of its implementation plan from the Minister of Oceans and Fisheries. <Amended on Oct. 31, 2017> |
| (2) | The Minister of Oceans and Fisheries shall examine the following before formulating or approving an implementation plan under paragraph (1): <Amended on Jul. 24, 2015; Oct. 31, 2017> |
| 1. | Whether the contents of the implementation plan conform to the relevant master plan and project plan; |
| 2. | Whether the outcomes of consultation with the heads of relevant administrative agencies under Article 9 (1) and the outcomes of deliberation by the New Harbor Construction Deliberative Committee under Article 10 (1) are implemented; |
| 3. | Whether the preparation of design documents for the project, and design supervision, consultation and review have been performed in compliance with relevant statutes or regulations; |
| 4. | Whether funding plans, including annual investment plans and annual financing plans, are feasible; |
| 5. | Whether the plan to purchase and compensate for land, etc. in the project zone, and the resident relocation plan are appropriate; |
| 8. | Whether the plan includes details about the survey of direct and indirect damage from the implementation of the relevant harbor project. |
| (3) | After formulating or approving an implementation plan under paragraph (1), the Minister of Oceans and Fisheries shall publicly notify the implementation plan, as prescribed by Presidential Decree, and forward copies of relevant documents to the head of the relevant local government. <Amended on Oct. 31, 2017> |
| (4) | Upon receipt of copies of relevant documents under paragraph (3), the head of the relevant local government shall take necessary measures, such as applying for approval of a topographic map under Article 32 of the National Land Planning and Utilization Act, if such documents contain any matter subject to determination by an urban/Gun management plan. In such cases, the relevant project operator shall submit documents required for publicly notifying the topographic map to the head of the local government. |
| (5) | When the Minister of Oceans and Fisheries formulates or approves an implementation plan that requires expropriation or use of land, etc. under Article 16 (1), the Minister shall publicly notify the name of the relevant project operator, the type of the project, the particulars of land, etc. to be expropriated or used, and inform the owners or right-holder of such land, etc. of the same: Provided, That the foregoing shall not apply where any project operator, other than the Minister of Oceans and Fisheries, has consulted in advance with the owners or right-holders of the land, etc. before applying for approval of its implementation plan. <Amended on Oct. 31, 2017> |
| (6) | When any project operator, other than the Minister of Oceans and Fisheries, intends to amend or rescind any matter specified by Presidential Decree regarding its implementation plan approved under paragraph (1), it shall obtain approval thereof from the Minister of Oceans and Fisheries. Paragraphs (1) through (5) (excluding the proviso to paragraph (5)) shall apply mutatis mutandis to such cases. <Amended on Oct. 31, 2017> |
| (7) | Upon receipt of an application for approval of an implementation plan or an application for approval for amendment or rescindment under paragraph (1) or (6), the Minister of Oceans and Fisheries shall notify the relevant applicant of approval or rejection of the application, or grounds for delay in processing such application, within 60 days from the filing date of the application. In such cases, if the Minister fails to give notice of approval or rejection of the application or grounds for delay in processing the application, within such period, the application shall be deemed approved on the date immediately following the expiration of such period. |
| (8) | The Minister of Oceans and Fisheries may extend the processing period specified under paragraph (7) by up to 20 days when giving notice of grounds for delay in processing an application under paragraph (7). |
[This Article Wholly Amended on Mar. 24, 2014]
[Title Amended on Oct. 31, 2017]
| Article 9 (Authorization and Permission Deemed Granted under other Acts) |
| (1) | The Minister of Oceans and Fisheries shall consult in advance with the heads of relevant administrative agencies using the relevant documents submitted by a project operator before formulating or approving an implementation plan that includes any of the matters specified in each subparagraph of paragraph (2). In such cases, the head of an administrative agency shall present his or her opinion thereon within 20 days after receipt of a request for consultation, but if he or she fails to do so, consultation shall be deemed held. |
| (2) | When the Minister of Oceans and Fisheries formulates or approves an implementation plan in consultation with the heads of relevant administrative agencies pursuant to paragraph (1), the following approval, permission, authorization, reporting, designation, determination, licensing, consultation, consent, cancellation, deliberation, registration, etc. (hereinafter referred to "authorization, permission, etc.”) shall be deemed granted, made, completed, or accepted, and if the approval of an implementation plan is publicly notified, the authorization, permission, etc. under the following Acts shall be deemed publicly notified or announced: <Amended on May 22, 2013; Jan. 14, 2014; Mar. 24, 2014; Jul. 20, 2015; Act. No. 13433, Jul. 24, 2015; Jan. 17, 2017; Oct. 31, 2017; Mar. 13, 2018; Mar. 31, 2020> |
| 11. | Approval of an implementation plan for a railroad construction project, or approval to amend such implementation plan under Article 9 of the Act on Railroad Construction and Railroad Facilities Management; |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 9-2 (Integrated Council for Legal Fiction of Authorization and Permission) |
| (1) | The Minister of Oceans and Fisheries may hold meetings of an Integrated Council comprised of all relevant administrative agencies, as prescribed by Presidential Decree, in order to consult the heads of the relevant administrative agencies on the legal fiction of authorization, permission, etc. under the former part of Article 9 (1). |
| (2) | The head of each relevant administrative agency referred to in Article 9 (1) shall require subordinate public officials to attend meetings of the Integrated Council under paragraph (1). |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 10 (New Harbor Construction Deliberative Committee) |
| (1) | A New Harbor Construction Deliberative Committee (hereinafter referred to as the "Deliberative Committee") shall be established under the Ministry of Oceans and Fisheries to deliberate on important matters about new harbor construction projects in terms of architectural technology, construction technology, traffic impact, etc. |
| (2) | When the Minister of Oceans and Fisheries intends to formulate or approve an implementation plan that includes any matter referred to in Article 9 (2) 13, 15 (excluding a building permit for a temporary building under Article 20 (1) of the Building Act), or 20, he or she shall submit the plan to the Deliberative Committee for deliberation. |
| (3) | The organization, functions, and operation of the Deliberative Committee, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 11 (Exceptions to Facilitate New Harbor Construction Projects and to Improve Quality of such Projects) |
| 1. | Where the harbor facility uses a special technology or special device approved by the Minister of Oceans and Fisheries after deliberation by the Deliberative Committee; |
| 2. | Where the Minister of Oceans and Fisheries verifies that the structure and form of the harbor facility meet or excel the standards for firefighting, disaster prevention, fire prevention, evacuation, etc. provided for by relevant statutes or regulations, after deliberation by the Deliberative Committee. |
| (2) | Where a project operator intends to award a contract for construction works of a major harbor facility with diverse functions and features, such as a container terminal, if it is impracticable to award a contract for architectural works, electrical works, and telecommunications works separately given the nature or technical management of such works, it may enter into a contract on a turnkey basis, as prescribed by Presidential Decree. |
| (3) | Notwithstanding Article 20 of the Industrial Cluster Development and Factory Establishment Act, a project operator may build new manufacturing facilities that the Minister of Oceans and Fisheries deems necessary directly for manufacturing various building materials required for a new harbor construction project, or extend such facilities in, or adjacent to, the prearranged area, or relocate such facilities to the prearranged area or adjacent area. In such cases, manufacturing facilities of building materials shall be limited to those established for construction purposes during the period of the relevant new harbor construction project. |
| (4) | The Minister of Oceans and Fisheries may entrust any project operator, other than the Minister of Oceans and Fisheries, with the implementation of a project for constructing basic facilities, among projects directly implemented by the Minister of Oceans and Fisheries for harbor facilities referred to in subparagraph 2 (a) of Article 2, as prescribed by Presidential Decree. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 12 (Restrictions on Disposal of State-Owned or Public Land) |
| (1) | No parcel of land in a prearranged area owned by the State or a local government and required for a new harbor construction project, shall be sold or otherwise transferred to any third person for any purpose other than the new harbor construction project. |
| (2) | Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes, any property in a prearranged area owned by the State or a local government, may be sold to a project operator under a free contract. In such cases, the Minister of Oceans and Fisheries shall consult in advance with the heads of relevant administrative agencies on the disuse and sale of such property (limited to administrative property; hereinafter the same shall apply). |
| (3) | Upon receipt of a request for consultation under the latter part of paragraph (2), the head of a relevant administrative agency shall take measures to disuse or sell the relevant property or other necessary measures within 90 days after receipt of such request. |
| (4) | Notwithstanding provisions of other statutes or regulations, the Minister of Economy and Finance shall manage or dispose of property to be sold to a project operator under paragraph (2), if the management authority of such property is unknown. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 13 (Confirmation of Completion) |
| (1) | Upon completion of construction works for a new harbor construction project, any project operator, other than the Minister of Oceans and Fisheries, shall, without delay, submit a project completion report to the Minister of Oceans and Fisheries to obtain confirmation of completion. Upon receipt of an application for confirmation of completion in such cases, the Minister of Oceans and Fisheries may request the head of the relevant central administrative agency, local government, public institution (referring to a public institution defined under the Act on the Management of Public Institutions), research institute, or other specialized institution, to conduct inspections necessary for confirmation of completion. <Amended on Oct. 31, 2017> |
| (2) | Upon receipt of an application for confirmation of completion under paragraph (1), the Minister of Oceans and Fisheries shall conduct inspections, as prescribed by Presidential Decree, and shall issue a certificate of completion to the relevant applicant, if the Minister finds that the project has been performed as approved. |
| (3) | A certificate of completion issued under paragraph (2) shall be deemed a certificate of final inspection, or authorization for completion, of the relevant project conducted following authorization, permission, etc. granted under each subparagraph of Article 9 (2). |
| (4) | No project operator shall use any parcel of land or facility developed or built by implementing a new harbor construction project before it accepts a certificate of completion under paragraph (2): Provided, That the foregoing shall not apply where a project operator has filed a report on such use with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | Any project operator, other than the Minister of Oceans and Fisheries, may apply for confirmation of completion for each phase of the project, or for each facility within the scope of the relevant implementation plan, if necessary for efficiently implementing the relevant new harbor construction project. <Amended on Oct. 31, 2017> |
| (6) | Article 12 (1) and (4) and the main clause of Article 12 (5) of the Harbor Act shall apply mutatis mutandis to giving public notice of completion of construction works of a new harbor construction project implemented by the Minister of Oceans and Fisheries. In such cases, "upon completion of a harbor construction project implemented under Article 9 (1)" shall be construed as "upon completion of the implementation of a new harbor construction project"; "permission, etc. granted under any of the subparagraphs of Article 98 (1)" as "authorization, permission, etc. under Article 9 (2)"; and "any land or harbor facility developed or installed as a result of a harbor project" as "land or a facility developed or built by implementing a new harbor construction project." <Newly Inserted on Oct. 31, 2017; Jan. 29, 2020> |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 14 (Vesting Ownership of Facilities) |
| (1) | The Harbor Act shall apply to vesting ownership of land and facilities developed or built in the course of a new harbor construction project, the calculation of the total project cost, and the use of facilities. |
| (2) | Notwithstanding paragraph (1), the Act on Public-Private Partnerships in Infrastructure shall apply to vesting ownership of land and facilities developed or built in the course of a new harbor construction project, the calculation of the total project cost, and the use of facilities, if the operator of such new harbor construction project is an implementer of a public-private partnership project conducted under said Act. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 15 (Access to and Use of Land) |
| (1) | If necessary for conducting investigations and surveys to formulate an implementation plan, or for implementing a new harbor construction project, a project implementer may: |
| 1. | Access a third person’ land; |
| 2. | Temporarily use a third person’s land as a storage yard, passage, or temporary road; |
| 3. | Alter or remove bamboo, trees, soil, and stones, and other obstacles, where particularly necessary. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 16 (Expropriation of Land) |
| (4) | The Central Land Tribunal shall have jurisdiction over adjudication on expropriation or use of land or other property under paragraph (1). |
| (5) | Except as provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to expropriation or use of land and other property under paragraph (1). |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 17 (Advance Payments) |
| (1) | A project operator may receive advance payments for all or part of the price for the land to be developed and supplied by implementing a new harbor construction project in accordance with terms and conditions stipulated in the relevant implementation plan from the persons who will be alloted part of the land, as prescribed by Presidential Decree. <Amended on Oct. 31, 2017> |
| (2) | A project operator may issue bonds redeemable for land (hereinafter referred to as "bonds redeemable for land") to persons who will be alloted part of the land developed by implementing a new harbor construction project in accordance with terms and conditions stipulated in the relevant implementation plan. |
| (3) | Procedures and methods for issuing bonds redeemable for land, terms and conditions, and other necessary matters, shall be prescribed by Presidential Decree. |
| (4) | If a project operator intends to receive advance payments for all or part of the price for land supplied under paragraph (1), or issue bonds redeemable for land under paragraph (2), it shall formulate a plan thereon and obtain approval thereof from the Minister of Oceans and Fisheries. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 17-2 (Deadline for Processing Applications for Approval of Advance Payments) |
| (1) | Upon receipt of an application for approval filed by a project operator under Article 17 (4), the Minister of Oceans and Fisheries shall notify the project operator as to whether he or she approves or reject the application within 20 days after the filing date of the application. |
| (2) | If circumstances make it impracticable for the Minister of Oceans and Fisheries to decide on approval within the period specified in paragraph (1), he or she may notify the relevant project operator of the grounds for delaying processing the application, and the extended deadline for processing the application. In such cases, no processing period shall be extended by more than 20 days. |
| (3) | If the Minister of Oceans and Fisheries fails to notify a project operator of approval or rejection of his or her application, or the grounds for delaying processing his or her application within the period specified in paragraph (1), or of approval or rejection of his or her application by the deadline extended under paragraph (2), it shall be deemed that the Minister of Oceans and Fisheries approves the application on the date immediately following the deadline. |
[This Article Newly Inserted on Mar. 24, 2014]
| (1) | The Minister of Oceans and Fisheries may revoke permission or approval granted under this Act to any project operator, other than the Minister of Oceans and Fisheries, or may issue an order to any project operator, other than the Minister of Oceans and Fisheries, to suspend or alter construction works or to rebuild, alter or relocate a facility or an object if: <Amended on Oct. 31, 2017> |
| 1. | The project operator has obtained permission or approval under this Act by fraud or other improper means; |
| 2. | The project operator violates this Act or an order or a disposition issued or taken under this Act; |
| 3. | The project operator fails to commence construction works, without just cause, within the project period specified in the relevant implementation plan or it is deemed impossible for the project operator to continue a new harbor construction project because it has delayed performing the project after commencing construction works; |
| 4. | It becomes impossible to continue a new harbor construction project due to circumstantial changes. |
| (2) | When the Minister of Oceans and Fisheries takes a disposition or issues an order under paragraph (1), the Minister shall publicly notify thereof, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 24, 2014]
The Minister of Oceans and Fisheries shall hold a hearing to revoke permission or approval under Article 18 (1). [This Article Wholly Amended on Mar. 24, 2014]
| Article 19 Deleted. <Feb. 8, 1999> |
| Article 20 (Subsidies from National Treasury) |
| (1) | The State may fully or partially subsidize a project operator for the costs incurred in implementing a new harbor construction project or may provide a loan from treasury funds to a project operator, within budgetary limits. <Amended on Oct. 31, 2017> |
| (2) | In subsidizing a project operator or providing a loan from treasury funds under paragraph (1), the State may preferentially subsidize or finance all or some of the costs incurring in building infrastructure, such as roads and water supply systems. <Newly Inserted on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 21 (Implementation of Incidental Works) |
| (1) | A project operator may conduct incidental works that are not included in the scope of a new harbor construction project but becomes necessary as a consequence of, or in order to perform, the new harbor construction project, in addition to the new harbor construction project, deeming such incidental works part of the new harbor construction project. |
| (2) | The scope of incidental works referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 21-2 (Implementation of Ancillary Projects) |
| (1) | Where deemed necessary to facilitate the construction of a new harbor, the Minister of Oceans and Fisheries may permit any project operator, other than the Minister of Oceans and Fisheries, to implement ancillary projects specified by Presidential Decree (hereinafter referred to as "ancillary projects") in the prearranged area as projects implemented in connection with the relevant new harbor construction project to cover the cost invested in the new harbor construction project; to lower usage charges for the new harbor; or to enhance convenience of users of the new harbor. |
| (2) | A person who intends to implement an ancillary project pursuant to paragraph (1) shall formulate a project plan and an implementation plan that contains matters concerning the ancillary project and shall obtain approval thereof from the Minister of Oceans and Fisheries pursuant to Article 7 (2) and the latter part of Article 8 (1). |
| (3) | The Minister of Oceans and Fisheries shall examine the following matters before approving a project plan and an implementation plan that contains matters concerning the ancillary project: |
| 1. | The purpose of implementing the ancillary project; |
| 2. | The amount of the cost for the ancillary project; |
| 3. | Other matters that the Minister of Oceans and Fisheries deems necessary for examining the feasibility of the ancillary project. |
| (4) | Detailed matters concerning ancillary projects to be included in a project plan and an implementation plan under paragraph (2), matters necessary for examining ancillary projects under paragraph (3), etc. shall be prescribed by Presidential Decree. |
| (5) | The implementation of an ancillary project by a project operator shall be governed by statutes related to the ancillary project. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 21-3 (Formulation of Plans for Promotion of Electronic Trade) |
| (1) | The Minister of Oceans and Fisheries shall establish and implement the support plan for the prearranged area (hereinafter referred to as the “support plan”) in order to support the prearranged area effectively and systematically. In such cases, the Minister shall consult in advance the head of the central administrative agency and the head of the local government related to the relevant support plan. |
| (2) | When a project operator, other than the Minister of Oceans and Fisheries, intends to formulate and implement a support plan, he or she shall obtain approval from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. In such cases, the Minister of Oceans and Fisheries shall hear the opinions of the heads of the relevant local governments, review whether the support plan for a project operator meets the standards prescribed by Presidential Decree, and make a decision thereon. |
| (3) | When a person to whom approval has been granted pursuant to paragraph (2) intends to revise any approved matter specified by Presidential Decree, he or she shall obtain approval for such revision from the Minister of Oceans and Fisheries. |
| (4) | Where the Minister of Oceans and Fisheries or a project implementer formulates a support plan pursuant to paragraph (1) or (2), he or she shall hold a public hearing, etc. to actively reflect opinions of residents in the prearranged area. |
| (5) | Where the Minister of Oceans and Fisheries intends to formulate or approve a support plan pursuant to paragraph (1) or (2), he or she shall undergo deliberation thereon by the Deliberative Committee in advance. |
| (6) | Where a project operator fails to implement a support plan or any other ground prescribed by Presidential Decree exists, the Minister of Oceans and Fisheries may revoke approval of the support plan or order the project operator to take necessary measures. |
| (4) | The Minister of Oceans and Fisheries shall publicly notify a support plan formulated pursuant to paragraph (1) or (2), as prescribed by Presidential Decree. |
| (8) | Other matters necessary for the procedure for, requirements for, and details of the support plan, revocation of approval, etc. thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 21-4 (Special Cases concerning Prearranged Area) |
Where the Minister of Oceans and Fisheries or a project implementer implements a support plan, he or she may preferentially treat persons who have their main business places in a prearranged area or persons who participate in a bid jointly with such persons , as prescribed by Presidential Decree.
[This Article Newly Inserted on Feb. 18, 2020]
| Article 21-5 (Preferential Employment and Participation of Residents in Prearranged Area) |
Where the Minister of Oceans and Fisheries or a project implementer implements a support plan, he or she may preferentially employ or involve residents in the project area.
[This Article Newly Inserted on Feb. 18, 2020]
| Article 22 (Entrustment of Purchase of Land) |
| (1) | A project operator may entrust the head of the relevant local government with the purchase of land, compensation for losses, relocation measures, etc. for a new harbor construction project, as prescribed by Presidential Decree. |
| (2) | Fees for entrusting purchase of land, compensation for losses, relocation measures, etc. to the head of the relevant local government under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 24, 2014]
| Article 23 (Delegation of Authority) |
The Minister of Oceans and Fisheries may delegate part of his or her authority vested under this Act to the head of agencies under his or her control or the Mayor/Do Governors, as prescribed by Presidential Decree. <Amended on Jul. 20, 2015>
[This Article Wholly Amended on Mar. 24, 2014]
| Article 24 (Penalty Provisions) |
Any person who uses land or a facility without reporting before the completion of a project is confirmed, in violation of Article 13 (4), shall be punished by imprisonment for up to one year, or by a fine not exceeding ten million won. <Amended on Oct. 15, 2014> [This Article Wholly Amended on Mar. 24, 2014]
| Article 24-2 (Penalty Provisions) |
Any person who violates an order or a disposition issued or taken under Article 18 (1) shall be punished by a fine not exceeding three million won. [This Article Wholly Amended on Mar. 24, 2014]
| Article 25 (Joint Penalty Provisions) |
When the representative of a juristic person or an agent, employee or other servants of a juristic person or individual commits an offence under Article 24 or 24-2 in connection with the business of the juristic person or the individual, not only shall such offender be punished, but the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence. [This Article Wholly Amended on May 19, 2011]
| Article 26 (Administrative Fines) |
The Minister of Oceans and Fisheries shall impose an administrative fine not exceeding three million won on any person who refuses or interferes with activities conducted by a project operator under Article 15 (1), without any good cause. [This Article Wholly Amended on Mar. 24, 2014]
ADDENDA <Act No. 5251, Dec. 31, 1996>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Harbor Construction Projects in Progress) New construction of harbor facilities in progress under the Harbor Act or the Promotion of Private Capital into Social Overhead Capital Investment Act or a private investment project for harbor construction which has undergone deliberation by the Steering Committee, at the time this Act enters into force, shall be deemed a new harbor construction project in progress under this Act. In such cases, when a master plan has already been publicly notified pursuant to the provisions of the relevant statutes or regulations, the designation and public announcement of a new harbor and the formulation and public announcement of a master plan shall be deemed to have been made under this Act with regard to the relevant harbor and harbor construction project, and when an implementation plan has already been approved pursuant to the provisions of the relevant statutes, the implementation plan shall be deemed to have been approved under this Act. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5864, Feb. 8, 1999>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation. |
Articles 2 through 10 Omitted.
ADDENDA <Act No. 5893, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5911, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 5914, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5922, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19 shall enter into force on the date of its promulgation. Article 2 (Applicability to Confirmation of Completion)
The amended provisions of Article 13 (2) shall apply beginning with the first application for confirmation of completion filed on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Orders for Reinstatement and Vicarious Execution)
The previous provisions shall apply to an order for reinstatement and the vicarious execution thereof with regard to a person who has violated the previous Article 6 (1) at the time this Act enters into force. Article 4 (Transitional Measures concerning Permission for Use Before Completion)
A person who has obtained or applied for permission for use before completion pursuant to the proviso to previous Article 13 (4) at the time this Act enters into force shall be deemed a person who has filed a report on use before completion or a person who has obtained or applied for permission before completion pursuant to the amended provisions of the proviso to the same paragraph of the same Article. Article 5 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the penalty provisions applicable to acts committed before this Act enters into force.
ADDENDA <Act No. 6095, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6842, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7304, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 7386, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8042, Oct. 4, 2006>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the penalty provisions applicable to acts committed before this Act enters into force. |
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 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.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through Article 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10672, May 19, 2011>
| (1) | (Enforcement Date)This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Approval of Implementation Plans) The amended provisions of Article 8 (7) and (8) shall apply beginning with the first implementation plan for a new harbor construction project filed for approval after this Act enters into force. |
| (3) | (Period of Validity) The amended provisions of the proviso to Article 18 (1) shall be effective until December 31, 2012. |
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 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. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 12087, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Legal Fiction of Authorization, Permission, etc.)
The amended provisions of the latter part of Article 9 (1) shall apply beginning with the first request for consultation made to formulate or approve an implementation plan after this Act enters into force.
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. 12542, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Deadline for Processing Applications for Approval to Make Advance Payments or to Issue Bonds Redeemable for Land)
The amended provisions of Article 17-2 shall apply beginning with the first application filed by a project operator with the Minister of Oceans and Fisheries to gain approval for a plan to receive advance payments or to issue bonds redeemable for land, after this Act enters into force. Article 3 Omitted.
ADDENDUM <Act No. 12826, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13414, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Legal Fiction of Approval of Implementation Plan for the Development Project of Free Economic Zones)
The amended provisions of Article 9 (2) 22 shall apply beginning with the first application for approval of an implementation plan filed by a project operator after the Act enters into force.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 15007, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Authorization, Permission, etc. Deemed Granted under Other Acts)
The amended provisions of Article 9 (2) 21 through 31 shall apply, beginning with an implementation plan to be formulated by the Minister of Oceans and Fisheries formulates or a project operator that applies for approval of its implementation plan to the Minister of Oceans and Fisheries, after this Act enters into force. Article 3 (Transitional Measure concerning Review of Feasibility of Master Plan)
Notwithstanding the amended provisions of Article 4-2 (1), the feasibility of a master plan formulated before this Act enters into force shall be reviewed within three years after this Act enters into force and shall be reviewed again every five years after the date the feasibility is initially reviewed.
ADDENDA <Act No. 15460, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 16512, Aug. 20, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16902, Feb. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 17041, Feb. 18, 2020>
This Act shall enter into force six months after the date of its promulgation.
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.