KOREA WATER RESOURCES CORPORATION ACT
Act No. 3997, Dec. 4, 1987
Amended by Act No. 4232, Apr. 7, 1990
Act No. 4429, Dec. 14, 1991
Act No. 4630, Dec. 27, 1993
Act No. 4748, Mar. 24, 1994
Act No. 5111, Dec. 29, 1995
Act No. 5227, Dec. 30, 1996
Act No. 5893, Feb. 8, 1999
Act No. 5911, Feb. 8, 1999
Act No. 5914, Feb. 8, 1999
Act No. 6021, Sep. 7, 1999
Act No. 6366, Jan. 16, 2001
Act No. 6589, Dec. 31, 2001
Act No. 6656, Feb. 4, 2002
Act No. 6841, Dec. 30, 2002
Act No. 7058, Dec. 31, 2003
Act No. 7678, Aug. 4, 2005
Act No. 8014, Sep. 27, 2006
Act No. 8256, Jan. 19, 2007
Act No. 8283, Jan. 26, 2007
Act No. 8338, Apr. 6, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9054, Mar. 28, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9544, Mar. 25, 2009
Act No. 9618, Apr. 1, 2009
Act No. 9758, jun. 9, 2009
Act No. 9763, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10580, Apr. 12, 2011
Act No. 11593, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12663, May 21, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13691, Dec. 29, 2015
Act No. 14549, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15407, Feb. 21, 2018
Act No. 15624, jun. 8, 2018
Act No. 17180, Mar. 31, 2020
Act No. 17326, May 26, 2020
The purpose of this Act is to contribute to improving citizens' livelihoods and enhancing public welfare by ensuring smooth supply of water through the establishment of the Korea Water Resources Corporation, tasked with comprehensively developing and managing water resources.
[This Article Wholly Amended on Mar. 25, 2009]
| Article 2 (Legal Personality) |
The Korea Water Resources Corporation (hereinafter referred to as the "Corporation") shall be a juristic person.
[This Article Wholly Amended on Mar. 25, 2009]
| (1) | The seat of the Corporation's principal office shall be prescribed by its articles of incorporation. |
| (2) | The Corporation may open branch offices or offices after undergoing a resolution by the board of directors if necessary to perform its work. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 4 (Capital and Investment) |
| (1) | The Corporation's capital shall be 10 trillion won. |
| (2) | The capital referred to in paragraph (1) shall be invested by the State, a local government, or the Korea Development Bank established pursuant to the Korea Development Bank Act, and at least 50/100 of which shall be invested by the State. <Amended on Apr. 1, 2009; May 21, 2014> |
| (3) | The State, a local government, or the Korea Development Bank established pursuant to the Korea Development Bank Act may make investment in kind in the Corporation with its movable or immovable property necessary for the Corporation to perform its business. <Amended on Apr. 1, 2009; May 21, 2014> |
| (5) | Deleted. <Mar. 31, 2020> |
| (7) | Where the State or local governments vest rights to use dams or rights to manage waterworks in the Corporation pursuant to paragraph (4), the method of computing the value of such investment shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
[This Article Wholly Amended on Mar. 25, 2009]
| (1) | The Corporation shall come into existence by registration of incorporation at the seat of its principal office. |
| (2) | Matters necessary for the registration of incorporation of the Corporation under paragraph (1), registration of the establishment of its branch offices or other offices, registration of relocation or alteration thereof, and other registration of the Corporation shall be prescribed by Presidential Decree. |
| (3) | With respect to any matter that must to be registered, the Corporation may not oppose against any third party without filing for registration. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 5-2 (Prohibition on Using Similar Names) |
No person, other than the Corporation provided for in this Act, shall use "Korea Water Resources Corporation" or any name similar thereto.
[This Article Newly Inserted on Jan. 19, 2007]
| Article 6 (Prohibition on Disclosure of Confidential Information) |
No incumbent or former executive officer or employee of the Corporation shall disclose or misuse any confidential information he/she has learned in the course of performing his/her duties.
[This Article Wholly Amended on Mar. 25, 2009]
| Article 7 Deleted. <Mar. 25, 2009> |
| Article 8 (Appointment of Representative) |
The President of the Corporation may appoint a representative authorized to do all judicial or extra-judicial acts in connection with the Corporation's affairs from among its employees, as prescribed by its articles of incorporation.
[This Article Wholly Amended on Mar. 25, 2009]
| (1) | The Corporation shall implement the following projects: <Amended on Dec. 29, 2015; Mar. 31, 2020> |
| 1. | Constructing, operating and managing the following facilities (hereinafter referred to as "water resource development facilities") to comprehensively use and develop water resources: |
| (a) | Multi-purpose dams and dams for supplying residential water (including hydro-power plants): Provided, That dams supplying only agricultural water shall be excluded herefrom; |
| (b) | Estuary weirs and multi-purpose watercourses; |
| (c) | Facilities for inland transportation by ship and canal facilities; |
| (d) | Other facilities for comprehensively developing and using water resources; |
| 2. | Following projects concerning development and use of waterworks: Provided, That local water supply services and village water supply services among general waterworks shall be limited to projects entrusted by local governments; |
| (a) | Constructing waterworks; |
| (b) | Using, maintaining and managing waterworks; |
| (c) | Repairing facilities for using, maintaining and managing waterworks; |
| 3. | Water quality surveys at the dams and their upper streams referred to in subparagraph 1 and projects to manage the water environment (referring as "water environment" under subparagraph 1 of Article 2 of the Water Environment Conservation Act; hereinafter the same shall apply), including the operation and management of sewerage at upstream dams and non-point pollution reduction projects; |
| 4. | Deleted; <Mar. 31, 2020> |
| 4-2. | Establishing, operating, and managing reuse facilities in connection with water supply and providing technical support; |
| 5. | Developing industrial complexes or special areas: Provided, That this shall be limited to any development in a district related to development of any industrial complex or special area implemented or being implemented by the Corporation; |
| 6. | Collecting the following charges or fees: |
| (a) | Charges for water or electricity supplied by water resources development facilities or waterworks; |
| (b) | Fees for using water resources development facilities and the surface thereof; |
| (c) | Deleted; <Mar. 31, 2020> |
| 7. | Creating relocation complexes or reclaiming public waters for implementing projects provided for in subparagraphs 1 through 3, 4-2, and 5; |
| 8. | Investigations, surveys, design, construction supervision, tests, research, technical development and technical diagnosis regarding projects provided for in subparagraphs 1 through 3, 4-2, 5, 5-2, 6, 7, and 12; |
| 9. | Basic investigations and information management for efficiently developing, using and managing water resources; |
| 10. | Technical support for and education about the fields of water resources development facilities, water supply services and other water resources; |
| 11. | Projects incidental to those provided for in subparagraphs 1 through 3, 4-2, 5, 5-2, and 6 through 9; |
| 12. | Projects the Corporation may implement pursuant to any Act or subordinate statute. |
| (2) | The Corporation may implement any of the projects provided for in each subparagraph of paragraph (1) overseas. In such cases, the water resources development facilities, waterworks, land, etc. not developed and managed by the Corporation may be used in establishing, operating, and managing the new and renewable energy facilities prescribed in paragraph (1) 5-2. <Amended on Feb. 21, 2018; May 26, 2020> |
| (3) | The Corporation may invest all or part of capital in any corporation that implements the projects falling under each subparagraph of paragraph (1), and paragraph (2) or projects similar thereto. |
| (4) | The Corporation may implement a project falling under any subparagraph of paragraph (1) upon entrustment by the State, a local government or any third person. |
| (5) | The scope of upstream dams and the types of water environment management projects under paragraph (1) 3 shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| (6) | Deleted. <Mar. 31, 2020> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 10 (Approval of Project Implementation Plans) |
| (1) | Where the Corporation intends to implement any of the following projects, it shall establish a project implementation plan (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree, and obtain approval from the Minister of Environment for projects prescribed in subparagraph (1) or the Minister of Land, Infrastructure and Transport for projects prescribed in subparagraph (2): Provided, That this shall not apply to cases where the Corporation has obtained approval, authorization, permission of or license on a project plan, the details of which are same as those of an implementation plan from the head of the relevant administration agency (including a person delegated with authority, if any) pursuant to any other Act and reports the details thereof to the Minister of Environment or the Minister of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Jun. 8, 2018; Mar. 31, 2020> |
| 1. | Construction or development projects provided for in Article 9 (1) 1 (a), (b) and (d), 2, 3, 4-2, and 5-2, and projects related to such projects and provided for in subparagraphs 7, 8 and 11 of the same paragraph; |
| 2. | Construction projects provided for in Article 9 (1) 1 (c) and 5, and projects related to such projects and provided for in subparagraphs 7, 8 and 11 of the same paragraph. |
| (2) | Deleted. <Mar. 31, 2020> |
| (3) | Where the Minister of Environment or the Minister of Land, Infrastructure and Transport intends to approve an implementation plan pursuant to paragraph (1), he/she shall consult, in advance, with the heads of relevant central administration agencies and the heads of local governments. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (4) | Where the Minister of Environment or the Minister of Land, Infrastructure and Transport approves an implementation plan pursuant to paragraph (1), he/she shall make an announcement thereof in the Official Gazette. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (5) | Where the Corporation intends to modify any implementation plan already approved pursuant to paragraph (1), it shall obtain approval from the Minister of Environment or the Minister of Land, Infrastructure and Transport: Provided, That it may modify minor matters prescribed by Presidential Decree by reporting them to the Minister of Environment or the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (6) | Paragraphs (1) through (4) shall apply mutatis mutandis to approval for any modification to an implementation plan provided for in paragraph (5). |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 11 (Authorization for Completion of Projects) |
| (1) | Where the Corporation completes a project, the implementation plan of which has been approved pursuant to Article 10, it shall obtain, without delay authorization for completion from the Minister of Environment or the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (2) | Where the Minister of Environment or the Minister of Land, Infrastructure and Transport receives an application for authorization for completion pursuant to paragraph (1), he/she shall issue a completion authorization certificate to the Corporation if he/she deems the relevant project has been completed as specified in the implementation plan referred to in Article 10 after conducting a completion inspection, and make an announcement thereof in the Official Gazette. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (3) | Where the Corporation obtains authorization for completion provided for in paragraph (1), it shall be deemed to have undergone a completion inspection or to have obtained authorization for completion of the relevant project, the permission or authorization of which is deemed granted pursuant to Article 18. |
| (4) | No developed land or established water resources development facilities or waterworks shall be used unless authorization for completion provided for in paragraph (1) is granted: Provided, That such may be used if approved by the Minister of Environment or the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jun. 8, 2018; Mar. 31, 2020> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 12 (Disposition of Profit and Loss) |
| (1) | When the Corporation realizes profits upon the settlement of accounts of each fiscal year, it shall dispose of such profits in the following order: |
| 1. | Covering any deficit brought forward; |
| 2. | Accumulating not less than 2/10 of the profits as earned surplus reserves until they reach an amount 1/2 of capital; |
| 3. | Accumulating not less than 2/10 of the profits as reserves for business expansion until they reach an amount equal to capital; |
| (2) | When the Corporation sustains a loss upon the settlement of accounts of each business year, it shall cover the loss with reserves for business expansion referred to in paragraph (1) 3, and if the reserves are insufficient to cover the loss, it shall cover such loss with the earned surplus reserves referred to in paragraph (1) 2, and carry forward any remaining loss to the following business year. |
| (3) | Earned surplus reserves referred to in paragraph (1) 2 and reserves for business expansion referred to in paragraph (1) 3 may be transferred to the Corporation's capital, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 13 (Issuance of Bonds) |
| (1) | The Corporation may issue bonds up to the limit not exceeding two times the sum of its capital and reserves after undergoing a resolution by the board of directors |
| (2) | When the Corporation issues bonds pursuant to paragraph (1), the State may guarantee the repayment of the principal and interest of bonds. |
| (3) | In order to issue bonds pursuant to paragraph (1), the Corporation shall annually formulate a plan to issue bonds and obtain approval therefor by the Minister of Environment following resolution thereon by the board of directors as prescribed by Presidential Decree. The foregoing shall apply where it intends to modify an approved plan to issue bonds. <Newly Inserted on Dec. 18, 2012; Dec. 18, 2013; Jun. 8, 2018> |
[This Article Wholly Amended on Mar. 25, 2009]
The Corporation may borrow funds (including borrowing funds from a foreign country) necessary for its projects.
[This Article Wholly Amended on Mar. 25, 2009]
| Article 15 (Contracts for Use) |
| (1) | Any person who intends to use water supplied by water resources development facilities or waterworks managed by the Corporation, water resources development facilities or the surface thereof shall conclude a contract for use thereof with the Corporation. |
| (2) | Deleted. <Mar. 31, 2020> |
| (3) | The Corporation may collect unreasonable profits and additional dues from any person who uses water, water resources development facilities, or the surface thereof without concluding a contract provided for in paragraph (1), as prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| (4) | If necessary for the Corporation to understand the current status on the use of water, water resources development facilities, or the surface thereof provided for in paragraph (1), it may request users' cooperation or require its employees to enter places of business or other places to understand project status. <Amended on Mar. 31, 2020> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 16 (Collection of Charges, etc.) |
| (1) | The Corporation may collect charges or fees from users of water supplied by water resources development facilities or waterworks, water sources development facilities, or the surface thereof based on the volume of water used by such users or the frequency of using such facilities or surface thereof, taking into account costs necessary for constructing, operating and managing relevant facilities. <Amended on Mar. 31, 2020> |
| (2) | The Corporation shall establish regulations specifying the methods of computing, and procedures for collecting charges or fees provided for in paragraph (1) and obtain, in advance, approval from the Minister of Environment for water resources development facilities and waterworks, and from the Minister of Environment for terminal sewage treatment plants: Provided, That this shall not apply if the Corporation has obtained approval from the head of the relevant administration agency for the methods of computing, and procedures for collecting the relevant charges and fees pursuant to any other Act. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 16-2 (Cost-Bearing) |
Where the Corporation provides technical support or education pursuant to Article 9 (1) 10, it may require a person who receives such technical support or education, his/her affiliated organization or relevant business entities to bear all or part of expenses incurred therein, as prescribed by Presidential Decree. [This Article Wholly Amended on Mar. 25, 2009]
| Article 17 (Entrustment of Projects, etc.) |
The Corporation may implement some projects (including affairs involved in compensation of loss and relocation measures following the implementation of such projects) upon entrustment to the State, a local government, a public corporation provided for in Article 5 (3) 1 of the Act on the Management of Public Institutions or any third person, as prescribed by Presidential Decree. [This Article Wholly Amended on Mar. 25, 2009]
| Article 17-2 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
Where the Corporation re-entrusts any project entrusted by the State or local governments to a corporation in which the Corporation has made investment pursuant to Article 9 (3) by obtaining prior approval from the Minister of Land, Infrastructure and Transport or the head of the relevant local government, any executive officer or employee of such corporation engaging in entrusted projects shall be deemed a public official for the purposes of the provisions of Articles 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2013; Jun. 8, 2018> [This Article Wholly Amended on Mar. 25, 2009]
| Article 17-3 (Prohibition on Use of Undisclosed Information) |
| (1) | No executive officer or employee of the Corporation shall arrange for himself/herself or any third person to be provided with land, etc. supplied by the Corporation using work-related information not disclosed to the general public. |
| (2) | The Corporation shall take disciplinary action against any executive officer or employee who violates paragraph (1), as prescribed by internal regulations, such as the articles of incorporation. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 18 (Permission, Authorization, etc. Deemed Granted Pursuant to Other Acts) |
| (1) | Where the Corporation obtains approval for an implementation plan referred to Article 10 on any project it implements, it shall be deemed to have obtained relevant authorization or permission for matters the Minister of Environment or the Minister of Land, Infrastructure and Transport has consulted with the head of the relevant administration agency regarding the following permission, authorization, designation, consultation, cancellation or approval, etc. (hereinafter referred to as "authorization or permission, etc."). Where the Minister of Environment or the Minister of Land, Infrastructure and Transport announces approval of an implementation plan, authorization or permission, etc. pursuant to the following Acts shall be deemed announced or notified: <Amended on Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Mar. 23, 2013; Jan. 14, 2014; Dec. 29, 2015; Jun. 8, 2018> |
| 4. | Deleted; <Apr. 15, 2010> |
| 17. | Deleted; <Mar. 31, 2020> |
| (2) | Where the Minister of Environment or the Minister of Land, Infrastructure and Transport intends to approve an implementation plan containing any of the details provided for in each subparagraph of paragraph (1), he/she shall consult, in advance, with the heads of relevant administration agencies. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 19 (Establishment of Rights to Manage Facilities) |
| (1) | The Minister of Environment may grant a right to manage waterworks (including waterworks constructed by the Corporation; hereafter the same shall apply in this Article) to the Corporation. <Amended on Mar. 23, 2013; Jun. 8, 2018; Mar. 31, 2020> |
| (2) | Where the Corporation is granted a right to manage waterworks (hereinafter referred to as "right to manage facilities) pursuant to paragraph (1), it shall register with the Minister of Environment, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jun. 8, 2018; Mar. 31, 2020> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 20 (Nature, etc. of Rights to Manage Facilities) |
| (1) | A right to manage facilities is deemed a real right, and the provisions of the Civil Act governing real estate shall apply mutatis mutandis to such right, except as otherwise provided for in this Act. |
| (2) | No right to manage facilities may be disposed of, except for the purposes of transfer, investment or mortgages. |
| (3) | If a right to manage facilities is to be divided or merged, or any disposition provided for in paragraph (2) is to be made, approval of the Minister of Environment shall be obtained. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 21 (Special Cases concerning Authorization) |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 21-2 Deleted. <Mar. 31, 2020> |
| Article 22 (Special Cases concerning Mortgages) |
No right to manage facilities, over which a mortgage has been established may be disposed of without the mortgagee's consent.
[This Article Wholly Amended on Mar. 25, 2009]
| Article 23 (Alteration, etc. of Rights) |
| (1) | The establishment, alteration and extinguishment of rights to manage facilities or mortgages, the subject matter of which is a right to manage facilities shall become effective by recording them in the register of rights to manage facilities kept in the Ministry of Environment. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (2) | Matters necessary for recording rights to manage facilities in the register pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 24 (Expropriation or Use of Land, etc.) |
| (3) | The Central Land Tribunal shall take control of adjudication on expropriation or use provided for in paragraph (1). |
| (4) | The head of a local government may entrust the Corporation with authority to carry out vicarious execution prescribed in Article 89 (2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works in connection with the projects implemented by the Corporation and provided for in Article 9 (1) 1 through 3, 4-2, and 5. <Amended on Mar. 31, 2020> |
| (5) | Where the Corporation intends to exercise authority to carry out vicarious execution entrusted pursuant to paragraph (4), it shall notify, in advance, the head of the relevant local government of the details thereof, and upon finishing such vicarious execution it shall notify the head of the relevant local government of the results thereof. In such cases, the head of the relevant local government may issue instructions to the Corporation necessary for vicarious execution or order the Corporation to take necessary measures, if deemed necessary. |
| (6) | Matters necessary for entrusting rights to carry out vicarious execution pursuant to paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 24-2 (Subrogation of Entrustment of Registration) |
Where a right to real estate the State or local governments have acquired in connection with the Corporation's projects must be registered pursuant to Article 98 of the Registration of Real Estate Act, the Corporation may entrust the registry office with such registration in subrogation of the State or the local government. <Amended on Apr. 12, 2011> [This Article Wholly Amended on Mar. 25, 2009]
| Article 25 (Application Mutatis Mutandis of the Urban Development Act) |
Where the Corporation must replot land in the course of implementing a project, the provisions of the Urban Development Act governing replotting shall apply mutatis mutandis to such replotting. [This Article Wholly Amended on Mar. 25, 2009]
| Article 26 (Application Mutatis Mutandis of the River Act) |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 26-2 (Measurement, etc. of Water Pollution Levels) |
Where the Corporation intends to install a measurement network to conduct water quality surveys at dams and their upper streams pursuant to Article 9 (1) 3, it shall prepare an installation, operation and management plan for the measurement network and shall obtain approval thereof from the Minister of Environment. The same shall also apply to any intended modification to such plan. <Amended on Mar. 31, 2020> [This Article Wholly Amended on Mar. 25, 2009]
| Article 27 (Establishment of Rights to Use Dams, etc.) |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 28 Deleted. <Dec. 31, 2003> |
| Article 29 (Compulsory Collection) |
| (1) | Where a person liable to pay unduly obtained profits, additional dues, charges or fees (hereinafter referred to as "fees, etc.") prescribed in Articles 15 and 16 fails to pay the fees, etc. by the payment deadline, the Corporation may entrust the head of a Si/Gun/Gu having jurisdiction over the relevant area with collection of such fees, etc., as prescribed by Presidential Decree. |
| (2) | Where the head of a Si/Gun/Gu is entrusted with collection of fees, etc. pursuant to paragraph (1), he/she may collect such fees, etc. in the same manner as delinquent local taxes are collected. In such cases, the Corporation shall pay an amount equivalent to 10/100 of an amount collected by the head of a Si/Gun/Gu to such Si (including the Special Metropolitan City and Metropolitan Cities)/Gun/Gu. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 30 Deleted. <Dec. 31, 2003> |
| Article 31 (Requests for Provision of Information, etc.) |
If necessary for the Corporation to implement projects provided for in each subparagraph of Article 9 (1), it may request necessary cooperation, such as perusal or reproduction of documents and provision of information to relevant administration agencies or any third person. [This Article Wholly Amended on Mar. 25, 2009]
| Article 32 (Reversion of Public Facilities) |
| (1) | Where the Corporation builds new public facilities or public facilities substituting for existing public facilities by implementing a project provided for in Article 9, the existing public facilities shall revert gratuitously to a project implementor and the new public facilities shall revert gratuitously to the State or local governments to manage them, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (2) | Where the Minister of Environment or the Minister of Land, Infrastructure and Transport intends to approve an implementation plan containing details of reversion of public facilities provided for in paragraph (1), he/she shall hear opinions of the management agency in advance. The same shall also apply to cases where he/she intends to approve any modification to the implementation plan. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (3) | The Corporation shall prepare the kinds and detailed list of public facilities to revert to the management agency and property to revert to the Corporation pursuant to paragraph (1), and notify the management agency thereof before the relevant works are completed. |
| (4) | Public facilities to revert to the management agency and property to revert to the Corporation pursuant to paragraph (1) shall be deemed reverted, respectively, to the management agency or the Corporation on the date completion authorization of a project is announced pursuant to Article 11 (2). |
| (5) | In registering public facilities and property provided for in paragraph (3), a completion authorization certificate referred to in Article 11 (2) may substitute for a document attesting the grounds for registration prescribed in the Registration of Real Estate Act. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 33 (Transfer, etc. of State of Public Property) |
| (1) | Any property owned by the State or a local government and located in a project area included in an implementation plan referred to in Article 10 may be leased or transferred to the Corporation by a private contract, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, the Minister of Environment or the Minister of Land, Infrastructure and Transport shall consult, in advance, with the heads of the relevant central administration agencies about the lease or transfer (including discontinuation of use of administrative property) of such property. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
| (3) | With respect to State property to be leased or transferred to the Corporation pursuant to paragraph (1), the Minister of Strategy and Finance shall be deemed the management agency over the State property, the management agency of which is unknown. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 34 (Access, etc. to Third Persons' Land) |
| (1) | If necessary for conducting surveys or investigations to prepare for or implement a project, the Corporation may gain access to or temporarily use any third person's land, or change or remove any third person's plants, soil, stones or other obstacles. |
| (2) | The provisions of Articles 9 through 13 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to gaining access to any third person's land pursuant to paragraph (1). In such cases, in the application of Article 9 (2) of the said Act, “the State” and “the head of a related central administrative agency” shall be deemed “the Corporation” and “the President of the Corporation,” respectively. <Amended on Dec. 29, 2015> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 35 Deleted. <Dec. 30, 1996> |
The State may pay costs necessary for flood control and other costs prescribed by Presidential Decree to the Corporation, among costs for building or rebuilding water resource development facilities and other costs necessary for managing water resources development facilities.
[This Article Wholly Amended on Mar. 25, 2009]
| Article 37 (State Subsidies) |
The State may subsidize all or some of the expenses incurred in performing its projects by the Corporation, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 25, 2009]
The Minister of Environment shall supervise the following matters, among the Corporation's affairs: <Amended on Mar. 23, 2013; Jun. 8, 2018>
| 1. | Matters concerning annual project plans, project performance, and settlement of accounts; |
| 2. | Matters concerning appropriate implementation of projects provided for in Article 9; |
| 3. | Matters concerning projects the Minister of Environment entrusts to the Corporation pursuant to this Act; |
| 4. | Other matters provided for by other Act or subordinate statute. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 39 Deleted. <Mar. 25, 2009> |
| Article 40 (Penalty Provisions) |
| (1) | Any person who violates Article 17-3 (1) shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 30 million won. In such cases, imprisonment with labor and a fine may be imposed concurrently. |
| (2) | Any person who violates Article 6 shall be punished by imprisonment with labor for more than 2 years or by a fine not exceeding 20 million won. <Amended on Jan. 17, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 41 (Administrative Fines) |
| (1) | Any person who violates Article 5-2 shall be punished by an administrative fine not exceeding one million won. |
| (2) | An administrative fine referred to in paragraph (1) shall be imposed and collected by the Minister of Environment. <Amended on Mar. 23, 2013; Jun. 8, 2018> |
[This Article Wholly Amended on Mar. 25, 2009]
ADDENDA <Act No. 3997, Dec. 4, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Establishment of Incorporation Committee)
| (1) | The Incorporation Committee shall be established to deal with administrative affairs involving the incorporation of the Corporation. |
| (2) | The Incorporation Committee shall consist of not more than seven members commissioned by the Minister of Construction and the chairperson of the Incorporation Committee shall be the Vice Minister of Construction. |
| (3) | The Incorporation Committee shall prepare the articles of incorporation of the Corporation and file for registration of incorporation after obtaining authorization therefor from the Minister of Construction. |
| (4) | The Industrial Sites Development Corporation shall be deemed dissolved upon the establishment of the Corporation provided for in this Act, notwithstanding the provisions of the Civil Act governing dissolution and liquidation of corporations. |
Article 4 (Succession of Property, Rights and Duties)
| (1) | All property, rights and duties vested in the Industrial Sites Development Corporation as at the time this Act enters into force shall be universally succeeded to by the Corporation, and the name of the Industrial Sites Development Corporation entered in the register and other public registers regarding its property, rights and duties shall be deemed the name of the Corporation. |
| (2) | The value of the property succeeded to by the Corporation pursuant to paragraph (1) shall be the book value as at the time of succession. |
Article 5 (Transitional Measures concerning Projects, etc. of Industrial Sites Development Corporation)
| (1) | Any project performed by the Industrial Sites Development Corporation pursuant to the Act on Development and Promotion of Industrial Sites by obtaining approval of the implementation plan before this Act enters into force shall be deemed a project performed by the Corporation upon having obtained approval of the implementation plan. |
| (3) | Any act done by the Industrial Sites Development Corporation for/in relation to the State, a local government or its agencies, or any third person before this Act enters into force shall be deemed done by the Corporation, and any act done by State, a local government or its agencies, or any third person for/against the Industrial Sites Development Corporation shall be deemed an act for/against the Corporation. |
Article 6 (Transitional Measures concerning Investment, etc. by the Government)
| (1) | Any movable or immovable property or rights the Government has invested in the Industrial Sites Development Corporation pursuant to the former Act on Development and Promotion of Industrial Sites before this Act enters into force shall be deemed invested by the Corporation. |
| (2) | Any water-purifying facilities managed by the Industrial Sites Development Corporation or being built by the State as at the time this Act enters into force may be invested in the Corporation, notwithstanding the provisions of Article 4. |
| (3) | Any subsidies or grants the Government has paid or agreed to pay to the Industrial Sites Development Corporation before this Act enters into force shall be deemed subsidies or grants the Government has paid or agreed to pay to the Corporation. |
Article 7 (Transitional Measures concerning Employees of the Industrial Sites Development Corporation)
The employees of the Industrial Sites Development Corporation as at the time this Act enters into force shall be deemed the employees of the Corporation.
ADDENDUM <Act No. 4232, Apr. 7, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4429, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 4630, Dec. 27, 1993>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 4748, Mar. 24, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 5111, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 5227, Dec. 30, 1996>
This Act shall enter into force one month after the date of its promulgation.
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. 6021, Sep. 7, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 6366, Jan. 16, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6589, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002. (Proviso Omitted.)
Articles 2 through 8 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. 7058, Dec. 31, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2004.
Article 2 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. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8256, Jan. 19, 2007>
This Act shall enter into force three months after the date of its promulgation.
| (2) | (Applicability to Legal Fiction as Public Officials in Application of Penalty Provisions) |
ADDENDA <Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
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. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 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. 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. 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, 2007>
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. 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.
ADDENDUM <Act No. 9054, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9544, Mar. 25, 2009>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 9618, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on June 1, 2009. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9758, 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 23 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 8 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 the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11593, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Approval for Plans to Issue Bonds)
The amended provisions of Article 13 (3) shall apply to the bonds which the Corporation issues on or after January 1, 2014.
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. 12663, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when the registration for a merger is completed under Article 4 (6) of the Addenda. (Proviso Omitted.)
Articles 2 through 12 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.
ADDENDUM <Act No. 13691, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14549, Jan. 17, 2017>
This Act shall enter into force six 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 the amend provisions of the any Act amended pursuant to Article 5 of the Addenda and promulgated before this Act enters into force, but the date on which it enters into force has not arrived yet, shall enter into force on the date that Act enters into force.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15407, Feb. 21, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15624, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amend provisions of the any Act amended pursuant to Article 4 of the Addenda and promulgated before this Act enters into force, but the date on which it enters into force has not arrived yet, shall enter into force on the date that Act enters into force.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17180, Mar. 31, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)