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SPECIAL ACT ON THE DESIGNATION, DEVELOPMENT, ETC. OF MARITIME CLUSTERS

Act No. 14247, May 29, 2016

Amended by Act No. 14569, Feb. 8, 2017

Act No. 15607, Apr. 17, 2018

Act No. 16572, Aug. 27, 2019

Act No. 16902, Jan. 29, 2020

Act No. 17060, Feb. 18, 2020

Act No. 17171, Mar. 31, 2020

Act No. 17334, May 26, 2020

Act No. 17877, Jan. 5, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to vitalize the regional economy and contribute to the reinforcement of national competitiveness by facilitating the agglomeration and convergence of maritime industries and ocean-related industries through the designation and operation of maritime clusters.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Jan. 5, 2021>
1. The term "maritime cluster" means an area designated under Article 9 as an area formed centering on idle harbor facilities to facilitate the agglomeration and convergence of maritime industries and ocean-related industries;
2. The term "idle harbor facility" means a harbor facility defined in subparagraph 5 of Article 2 of the Harbor Act and prescribed by Presidential Decree as a harbor facility the freight handling function of which is substantially downsized due to the creation of new harbor facilities, etc.;
3. The term "maritime industry" means an industry prescribed in subparagraph 3 of Article 3 of the Framework Act on Marine Fishery Development;
4. The term "ocean-related industry" means an industry which has a huge effect on connecting maritime industries with its forward or backward industries or has a high potential to be upgraded through convergence with maritime industries;
5. The term "core industry" means focused maritime industries and ocean-related industries intended to be fostered in a maritime cluster designated under Article 9;
6. The term "foreigner" indicates a person who falls under Article 2 (1) 1 of the Foreign Investment Promotion Act;
7. The term "maritime cluster development project" means any of the following projects performed for the creation of a maritime cluster:
(a) A project to create sites for facilities to facilitate the agglomeration and convergence of maritime industries and ocean-related industries and a project to construct such facilities;
(b) A project to create sites for education and research facilities to develop the maritime industries and ocean-related industries and a project to construct such facilities;
(c) A project to create sites for business facilities, data processing facilities, support facilities, exhibition facilities, distribution facilities, etc. to enhance the efficiency of maritime cluster and a project to construct such facilities;
(d) A project to create sites for residential facilities, cultural facilities, medical and welfare facilities, sports facilities, educational facilities, tourism and recreation facilities, etc. to enhance the functions of maritime cluster, a project to construct such facilities, and a park creation project;
(e) A project to install facilities to supply industrial water and water for daily living;
(f) A project to build roads, railroads, ports, tracks, canals, retarding basins, and reservoirs;
(g) A project to create facilities for the supply of and demand for electricity, communications, gas, steam, oil, raw materials, etc.;
(h) A project to create sewerage, waste disposal facilities, and a project to create facilities to prevent environmental pollution;
(i) Other projects incidental to those referred to in items (a) through (h).
 Article 3 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall foster maritime industries and ocean-related industries (hereinafter referred to as "maritime industries, etc.") and prepare and proceed with policies necessary for the systematic development of maritime clusters.
(2) The State and local governments shall prepare and implement measures for providing core industries with administrative and financial supports.
 Article 4 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, this Act shall apply to maritime clusters in preference to other statutes.
 Article 5 (Relationship to Other Plans)
A plan for a maritime cluster under this Act shall have precedence over plans under other statutes: Provided, That the same shall not apply to comprehensive national land plans prescribed in Article 6 (2) 1 of the Framework Act on the National Land, Seoul metropolitan area readjustment plans prescribed by the Seoul Metropolitan Area Readjustment Planning Act and plans prescribed by the Protection of Military Bases and Installations Act.
CHAPTER II FORMULATION OF MARITIME CLUSTER MASTER PLANS, AND DESIGNATION OF MARITIME CLUSTERS
 Article 6 (Formulation of Master Plans for Maritime Clusters)
(1) In order to develop maritime clusters systematically, the Minister of Oceans and Fisheries shall formulate a maritime cluster master plan (hereinafter referred as "master plan") every five years.
(2) Where the Minister of Oceans and Fisheries intends to formulate a master plan, he/she shall undergo deliberations of the Maritime Affairs and Fisheries Development Committee prescribed in Article 7 of the Framework Act on Marine Fishery Development (hereinafter referred to as the "Maritime Affairs and Fisheries Development Committee") after hearing the opinions of a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and consulting with the heads of the relevant administrative agencies.
(3) If deemed necessary due to domestic and overseas trends in the maritime industry and changes of harbor conditions, the Minister of Oceans and Fisheries may revise master plans.
(4) Paragraph (2) shall apply mutatis mutandis to the revision of master plans: Provided, That the same shall not apply to minor changes prescribed by Presidential Decree.
(5) Where the Minister of Oceans and Fisheries formulates or revises a master plan, he/she shall publicly notify the details thereof in the Official Gazette, notify the relevant Mayor/Governor thereof without delay, and submit them to the competent Standing Committee of the National Assembly. <Amended on Aug. 27, 2019>
(6) Where necessary to formulate a master plan, the Minister of Oceans and Fisheries may request the head of a related central administrative agency or the Mayor/Governor to submit relevant data. In such cases, the head of the related agency upon receipt of such request shall comply therewith, unless there is good cause. <Newly Inserted on Aug. 27, 2019>
 Article 7 (Details of Master Plans)
A master plan shall include the following matters:
1. The basic objectives of a maritime cluster;
2. The directions of mid- to long-term development of a maritime cluster;
3. The agglomeration, convergence, etc. of maritime industries, etc. within a maritime cluster;
4. Differentiated development strategies by maritime cluster;
5. Districts eligible for the creation of a maritime cluster;
6. The fostering of and supporting for a maritime cluster;
7. Other matters the Minister of Oceans and Fisheries deems necessary for developing a maritime cluster.
 Article 8 (Fact-Finding Surveys)
(1) If deemed necessary for formulating or revising a master plan, the Minister of Oceans and Fisheries may conduct a fact-finding survey as to the current conditions, etc. of agglomeration and convergence of maritime clusters, etc.
(2) The scope and methods of, and other matters necessary for fact-finding surveys prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 9 (Formulation of Development Plans and Designation of Maritime Clusters)
(1) If deemed necessary for developing a maritime cluster, the Minister of Oceans and Fisheries may formulate a maritime cluster development plan (hereinafter referred to as "development plan") and designate a maritime cluster by undergoing deliberations of the Maritime Affairs and Fisheries Development Committee after listening to the opinions of the Mayors/Do Governors having the jurisdiction thereover and consulting with the heads of the relevant central administrative agencies. In such cases, the Minister of Oceans and Fisheries shall hear opinions of residents, related experts, etc. through public hearings, etc., as prescribed by Presidential Decree. <Amended on Jan. 5, 2021>
(2) Where the Minister of Oceans and Fisheries designates a maritime cluster under paragraph (1), he/she have the maritime cluster developed or operated by being divided into at least two project zones as prescribed by Presidential Decree.
(3) A Mayor/Do Governor may request the Minister of Oceans and Fisheries to designate maritime clusters within the district under his/her jurisdiction. In such cases, where a maritime cluster requested to be designated spans districts under the jurisdiction of at least two Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Provinces, the Mayors/Do Governors having the jurisdiction thereover shall request the designation thereof jointly.
(4) Where a Mayor/Do Governor intends to request the designation of a maritime cluster under paragraph (3), he/she prepare a development plan covering the districts under his/her jurisdiction and submit such plan to the Minister of Oceans and Fisheries. In such cases, the Mayor/Do Governor shall consult with the head of the regional office of oceans and fisheries under his/her jurisdiction and listen to the opinions of the heads of the relevant Sis/Guns/Gus (referring to the heads of autonomous Gus: hereinafter the same shall apply) as prescribed by Presidential Decree.
(5) Where the Minister of Oceans and Fisheries receives a request for the designation of a maritime cluster from a Mayor/Do Governor under paragraph (3), he/she shall determine a development plan therefor by undergoing deliberations of the Maritime Affairs and Fisheries Development Committee after consulting with the heads of the relevant central administrative agencies and then designate the maritime cluster. In such cases, he/she shall listen to the opinions of the relevant Mayors/Do Governors.
(6) Where the Minister of Oceans and Fisheries designates a maritime cluster, he/she may apply some of the requirements for designation prescribed in the subparagraphs of Article 10 differently as prescribed by Presidential Decree.
(7) Where the Minister of Oceans and Fisheries designates a maritime cluster under paragraph (1) or (5), he/she shall publicly notify the details thereof in the Official Gazette as prescribed by Presidential Decree, and notify the competent Mayors/Do Governors thereof without delay. In such cases, matters concerning the public notice of topographical maps shall be governed by Article 8 of the Framework Act on the Regulation of Land Use.
(8) A Mayor/Do Governor who receives a notice prescribed in paragraph (7) shall enable the residents to read the details thereof for at least 14 days.
(9) Matters necessary for the formulation and implementation of development plans, designation of maritime clusters, etc. shall be prescribed by Presidential Decree.
 Article 10 (Requirement for Designation of Maritime Clusters)
A maritime cluster shall be designated in areas which comply with the following requirements:
1. An area in conformity with a master plan;
2. An area the size including idle harbor facilities of which is above a specific size prescribed by Presidential Decree;
3. An area with an effect of agglomeration and convergence of maritime industries, etc.;
4. An area contributable to the development of a regional economy;
5. An area with countermeasures against overlapped designation of areas, districts, etc. under other statutes;
6. An area with a feasible financing plan, such as financial charge and means of attracting private capital;
7. An area able to secure infrastructure necessary for maritime clusters;
8. Other requirements prescribed by Presidential Decree.
 Article 11 (Details of Development Plans)
A development plan shall include the following matters: <Amended on May 26, 2020>
1. Name, location and size of a maritime cluster;
2. Conformity with a master plan;
3. Objectives of and necessity for the development of a maritime cluster and the effects of such development;
4. Where a maritime cluster is developed by being divided into at least two project zones, the names, locations, and sizes of the project zones divided;
5. Methods of implementing a development project (in cases of development in phases, including the period of implementation of each phase);
6. Methods and plans for financing (including foreign investments);
7. Plan for utilizing harbor districts and harbor facilities;
8. Plan for supporting enterprises to move in;
9. Other matters prescribed by Presidential Decree.
 Article 12 (Revision of Development Plans)
(1) The Minister of Oceans and Fisheries may, when necessary for the effective development of a maritime cluster or requested by a Mayor/Do Governor, revise a development plan formulated or determined by undergoing deliberations of the Maritime Affairs and Fisheries Development Committee: Provided, That he/she may not undergo deliberations of the Maritime Affairs and Fisheries Development Committee where intending to revise minor matters prescribed by Presidential Decree.
(2) Where a Mayor/Do Governor intends to file a request for revision prescribed in paragraph (1), he/she shall do so by attaching the documents prescribed by Ordinance of the Ministry of Oceans and Fisheries thereto.
(3) Articles 9 and 11 shall apply mutatis mutandis to the revision of development plans prescribed in paragraph (1).
 Article 13 (Effects of Designation of Maritime Clusters)
Where a maritime cluster is designated, the following designations, formulations, approvals, or revisions shall be deemed made or obtained according to the details of the development plan thereof: <Amended on Apr. 17, 2018>
1. The designation of urban development zones prescribed in Article 3 of the Urban Development Act, and the formulation and revision of urban development project plans prescribed in Article 4 of the same Act;
2. The designation of tourist destinations and tourism complexes prescribed in Article 52 of the Tourism Promotion Act;
3. The designation of general logistics complexes prescribed in Article 22 of the Act on the Development and Management of Logistics Facilities;
4. The revision of basic plans for reclamation prescribed in Article 27 of the Public Waters Management and Reclamation Act;
5. The revision of marine spatial master plans prescribed in Article 5 of the Act on Marine Spatial Planning and Management and marine spatial management plans prescribed in Article 7 of the same Act;
6. The revision of basic plans for waterworks installation and management prescribed in Article 4 of the Water Supply and Waterworks Installation Act;
7. The formulation and revision of framework plans for sewerage maintenance prescribed in Articles 5 and 6 of the Sewerage Act.
 Article 14 (Cancellation of Designation of Maritime Clusters)
(1) Where a maritime cluster designated under Article 9 falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the entire or part of the maritime cluster through deliberations of the Maritime Affairs and Fisheries Development Committee. The same shall apply where requested by Mayors/Do Governors:
1. Where it is impossible or it is anticipated to be impossible to attain the objectives of the designation of a maritime cluster;
2. Where a Mayor/Do Governor fails to designate a development project operator prescribed in Article 25 without justifiable grounds by the date on which two years elapses from the date on which the relevant maritime cluster is designated;
3. Where there are causes equivalent to those in subparagraphs 1 and 2, which are prescribed by Presidential Decree.
(2) Where a Mayor/Do Governor intends to file a request for cancellation prescribed in paragraph (1), he/she shall do so by attaching the documents prescribed by Ordinance of the Ministry of Oceans and Fisheries thereto.
(3) Where the area of use of an area the designation as a maritime cluster of which is cancelled under paragraph (1) shall be reverted to the one before it is changed according to the designation as a maritime cluster: Provided, That the same shall not apply to areas in which the development of a maritime cluster is completed.
(4) Article 9 shall apply mutatis mutandis to the cancellation of designation of maritime clusters prescribed in paragraph (1).
CHAPTER III SUPPORT FOR CORE INDUSTRIES
 Article 15 (Cooperation for Creation of Core Industries)
The State and local governments shall strive to seek the balanced and rational creation of core industries in economic and regional perspectives and shall render cooperation and support necessary therefor.
 Article 16 (Support for Agglomeration and Convergence of Core Industries)
The State and local governments may provide support necessary for the facilitation of agglomeration and convergence of core industries.
 Article 17 (Designation of Core Industry-Related Technologies and Services and Support Therefor)
(1) The Minister of Oceans and Fisheries may designate and publicly notify core industry-related technologies, services, etc.
(2) The Minister of Oceans and Fisheries may provide support necessary for the research and development, and commercialization of the technologies, services, etc. designated under paragraph (1).
(3) Eligibility, standards and procedures for designation prescribed in paragraph (1), and the scope of support, etc. prescribed in paragraph (2) shall be prescribed by Presidential Decree.
 Article 18 (Installation and Use of Harbor Facilities)
(1) The Minister of Oceans and Fisheries may allow core industry-related enterprises prescribed by Presidential Decree (hereinafter referred to as "core industry-related enterprise") to use the harbor facilities prescribed in subparagraph 5 of Article 2 of the Harbor Act or install and use facilities other than the harbor facilities prescribed by Presidential Decree.
(2) Matters necessary for the scope of use of harbor facilities prescribed in paragraph (1), conditions of use, procedures for use, etc. of harbor facilities and facilities other than harbor facilities shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 19 (Taxation Support)
A local government may provide core industry-related enterprises with the reduction or exemption of local taxes as prescribed by the Restriction of Special Local Taxation Act or by municipal ordinances.
 Article 20 (Special Cases of Use of State and Public Property)
(1) Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes and regulations, the State and local governments may provide core industry-related enterprises with the reduction or exemption of rents of State and public property as prescribed by Presidential Decree.
(2) Notwithstanding Articles 18 (1), 35 (1) and 46 (1) of the State Property Act, and Articles 13, 21 (1) and 31 (1) of the Public Property and Commodity Management Act, core industry-related enterprises may be given a period of lease of national and public property of not more than 50 years, and may be allowed to build permanent facilities thereon. In such cases, a condition to donate such facilities to the State or local governments or to restore to the original state at the time of termination of period of lease may be attached in consideration of the type, etc. of the relevant facilities.
 Article 21 (Support for Infrastructure)
For the facilitation of maritime clusters, the State and local governments may subsidize all or part of costs necessary for the installation of infrastructure, such as roads and water as prescribed by Presidential Decree.
 Article 22 (Fostering of Professional Workforce)
(1) The Government shall formulate and implement policies for the fosterage, management, etc. of workforce having core industry-related professional skills, knowledge or know-how (hereinafter referred to as "professional workforce").
(2) A policy prescribed in paragraph (1) shall include the following matters:
1. Fosterage, and education and training of professional workforce;
2. Supply and demand, and utilization of professional workforce;
3. Career management, etc. of professional workforce;
4. Other matters prescribed by Presidential Decree for the fosterage, management, etc. of professional workforce.
(3) For the fosterage of professional workforce, the Minister of Oceans and Fisheries may designate maritime industry-related universities, research institutes, institutions or organizations as professional workforce fostering institutions.
(4) The Minister of Oceans and Fisheries may provide professional workforce fostering institutions designated under paragraph (3) with subsidies to cover the entire or part of costs incurred in education, training, etc.
(5) Matters necessary for requirements for designation, designation, cancellation of designation of professional workforce fostering institutions prescribed in paragraph (3), and the scope of support, etc. prescribed in paragraph (4) shall be prescribed by Presidential Decree.
 Article 23 (International Exchange and Other Business, and Support Therefor)
In order to ascertain international trends related to core industries and facilitate international cooperation and making inroads into overseas markets, the State and local governments may conduct business, such as the international exchange of professional workforce, and international joint research, or provide support necessary therefor.
 Article 23-2 (Payment of Employment Subsidies)
(1) The State or a local government may grant employment subsidies to enterprises to move in, for the smooth securing of human resources for such enterprises and improve job creation effects.
(2) The State or a local government may provide institutional and administrative assistance to enterprises to move in for the smooth referral of human resources to such enterprises.
(3) A local government may prescribe matters necessary for the payment of employment subsidies under paragraph (1).
[This Article Newly Inserted on Jan. 5, 2021]
 Article 23-3 (Designation of Maritime Cluster Support Centers)
(1) The Minister of Oceans and Fisheries may designate a maritime cluster support center (hereinafter referred to as "support center") to foster and manage maritime clusters and support the activities of enterprises to move in and institutions.
(2) A support center shall conduct the following projects:
1. Development of and research on policies on maritime clusters;
2. Support for enterprises to move in and institutions in maritime clusters;
3. Promotion of activities of interconnection among enterprises to move in and institutions in maritime clusters;
4. Investment inducement, research, external cooperation, and public relations projects for vitalizing maritime clusters;
5. Other projects entrusted by the Minister of Oceans and Fisheries.
(3) The State or a local government may fully or partially subsidize the expenses incurred in the operation of the support center within budgetary limits.
(4) The Minister of Oceans and Fisheries shall guide and supervise the projects of support centers under the subparagraphs of paragraph (2).
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER IV MARITIME CLUSTER DEVELOPMENT PROJECTS
 Article 24 (Construction of New Harbor Facilities)
(1) Articles 9 through 15, 24 and 25 of the Harbor Act shall apply mutatis mutandis to construction concerning the new construction, remodelling, maintenance, repair, dredging, etc. of harbor facilities and facilities other than harbor facilities prescribed in Article 18 (1), on condition that it shall conform to a development plan. <Amended on Jan. 29, 2020>
(2) The Minister of Oceans and Fisheries may have a port authority established under the Port Authority Act implement the construction works of port facilities, etc. in accordance with a development plan.
 Article 25 (Designation of Development Project Operators)
(1) A Mayor/Do Governor may implement a maritime development project for an area excluding harbor facilities within a maritime cluster (hereinafter referred to as "development project") directly or by designating a development project operator among the following persons. In such cases, the Mayor/Do Governor shall consult with the Minister of Oceans and Fisheries in advance: <Amended on Jan. 5, 2021>
1. A port authority established under the Port Authority Act;
2. A local government-invested public corporation established under the Local Public Enterprises Act;
3. A public institution under the Act on the Management of Public Institutions, which is prescribed by Presidential Decree;
4. A person who does not fall under subparagraphs 1 through 3 but complies with the qualifications prescribed by Presidential Decree, such as capital;
5. A corporation established by contributions made by at least two persons who fall under any of subparagraphs 1 through 4 for the purpose of implementing a development project.
(2) Where a Mayor/Do Governor designates a development project operator, he/she shall consider the following matters:
1. Connectivity with maritime industries, etc.;
2. Financial soundness and the ability to finance;
3. Records of performance of projects similar to development projects;
4. Matters publicly notified by the Minister of Oceans and Fisheries as he/she deems such matters necessary for the smooth implementation of a development project.
(3) Where a Mayor/Do Governor designates a development project operator under paragraph (1), he/she shall publicly notify the details thereof in the Official Gazette.
 Article 26 (Obligations of Development Project Operators)
(1) A development project operator shall implement a development project with faith in compliance with a development plan formulated, determined or revised under Articles 9 and 12 and action plan approved under Article 28.
(2) Where a development project operator implements a development project in violation of paragraph (1), the Mayor/Do Governor may take necessary measures, such as recommendation of performance of obligations, as prescribed by Presidential Decree.
 Article 27 (Cancellation of Designation, Designation of Alternatives of Development Project Operators)
(1) Where a development project operator falls under any of the following cases, the Mayor/Do Governor may cancel the designation thereof: Provided, That where in cases falling under subparagraph 1, he/she must cancel the designation thereof: <Amended on Feb. 18, 2020>
1. Where a development project operator has obtained designation, approval, etc. prescribed by this Act by fraud or other improper means;
2. Where a development project operator fails to perform the obligations prescribed in Article 26 (1) or fails to follow the measures prescribed in paragraph (2) of the same Article without justifiable grounds;
3. Where a development project operator fails to apply for approval on an action plan by the deadline prescribed in Article 28 (1) and (3) without justifiable grounds;
4. Where an approved action plan becomes invalid due to development project operator's failure in the observance of deadline for the commencement of development projects prescribed in Article 30;
5. Where development is anticipated not to be completed within the period of implementation due to delayed purchase of land, etc. by causes attributable to the development project operator;
6. Where the cancellation of designation of a development project operator is requested for public interest in the event that the development project operator violates this Act.
(2) Where a Mayor/Do Governor cancels the designation of a development project operator under paragraph (1), he/she may designate a new development project operator as an alternative thereof. In such cases, Article 25 shall apply mutatis mutandis to the designation of the development project operator.
(3) A development project operator designated alternatively under paragraph (2) shall succeed to the status of the former development project operator in connection with the approval of action plan prescribed in Article 28 (1).
(4) Where a Mayor/Do Governor cancels the designation of or alternatively designates a development project operator under paragraphs (1) and (2), he/she shall publicly notify the details thereof in the Official Gazette.
 Article 28 (Approval of Action Plans)
(1) A development project operator shall prepare an action plan for a maritime cluster development project within one year from the date on which he/she is designated under Article 25 (1) and obtain approval from the competent Mayor/Do Governor therefor as prescribed by Presidential Decree. The same shall apply where he/she modifies approved matters.
(2) Where a Mayor/Do Governor approves an action or approves the modification thereof in compliance with the standards prescribed by Presidential Decree, he/she shall consult with the Minister of Oceans and Fisheries in advance.
(3) Where a development project operator requests the extension of the deadline for approval for action plan due to unavoidable causes, the Mayor/Do Governor may extend such deadline within six months.
(4) An action plan prescribed in paragraph (1) shall include district unit plans prepared under Article 52 of the National Land Planning and Utilization Act.
(5) Where a Mayor/Do Governor approves an action plan or approves the modification thereof under paragraph (1), he/she shall publicly notify the details thereof in the Official Gazette without delay and inform the heads of the relevant Sis/Guns/Gus thereof.
(6) A Mayor/Do Governor shall enable the residents to read the details of approval for action plan or approval for the modification thereof for at least 14 days.
 Article 29 (Legal Fictions of Authorization and Permission)
(1) Where a development project operator has obtained approval of an action plan or approval for the modification thereof under Article 28 (1), he/she shall be deemed to have obtained the following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc."), and where approval of the action plan is publicly notified under paragraph (5) of the same Article, the public notice or public announcement of permission, etc. under the following relevant statutes shall be deemed made: <Amended on Feb. 8, 2017; Jan. 29, 2020; Feb. 18, 2020; Mar. 31, 2020>
1. Permission for the change of form and quality of land prescribed in Article 21-2 of the Grassland Act, and permission for the conversion of use of grassland prescribed in Article 23 of the same Act;
2. Permission for the conversion of use of mountainous districts and reporting on the conversion of use of mountainous districts prescribed in Articles 14 and 15 of the Mountainous Districts Management Act, permission for and reporting on the temporary use of mountainous districts prescribed in Article 15-2 of the same Act, permission for the collection of earth and stone prescribed in Article 25 of the same Act, permission for and reporting on felling standing timber, etc. prescribed in Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, permission for and reporting on acts in forest conservation zones (excluding forest genetic resources protection zones) prescribed in Article 9 (1) and paragraph (2) 1 and 2 of the same Article of the Forest Protection Act, and cancellation of designation of forest conservation zones prescribed in Article 11 (1) 1 of the same Act;
3. Change and cancellation of agricultural promotion areas, etc. prescribed in Article 31 of the Farmland Act, and permission for or consultation on the conversion of use of farmland prescribed in Article 34 of the same Act;
4. Approval for the use of agricultural infrastructure for purposes other than its purpose prescribed in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and approval of plans for rural tourism and resort complex development project prescribed in Article 82 (2) of the same Act;
5. Approval for the establishment, etc. of factories prescribed in Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;
6. Permission for the occupancy or use of public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for implementation plans for occupancy or use (excluding predetermined land to be reclaimed for which a reclamation license is obtained) under Article 17 of the same Act, reclamation license of public waters under Article 28 of the same Act, public notice under Article 33 of the same Act, consultation on or approval for reclamation implemented by the State, etc. under Article 35 of the same Act, and approval for and public notice of implementation plans for reclamation of public waters under Article 38 of the same Act;
7. Authorization for the installation of public sewerage system (referring only to foul waste treatment facilities) under Article 11 of the Sewerage Act, permission for the construction of public sewerage system under Article 16 of the same Act, and permission for the occupancy of public sewerage system under Article 24 of the same Act;
8. Approval for or reporting on the installation of waste treatment facilities under Article 29 of the Wastes Control Act;
9. Authorization for general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization for the installation of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the same Act;
10. Authorization for or reporting on plans for works for setting up electric installations for private-use under Article 8 of the Electrical Safety Management Act;
12. Approval of business plans under Article 15 of the Tourism Promotion Act, and approval for tourist destinations and tourism complexes development plans under Article 54 of the same Act;
13. Permission for the implementation of road works by persons who are not road management authorities under Article 36 of the Road Act, permission to occupy and use roads under Article 61 of the same Act, and consultation with or approval from road management authorities under Article 107 of the same Act;
14. Determination of urban and Gun management plans under Article 30 of the National Land Planning and Utilization Act, public notice of topographic maps under Article 32 of the same Act, permission for the change of form and quality and the partition of land under Article 56 of the same Act, designation of urban and Gun planning facility project implementers under Article 86 of the same Act, and authorization for implementation plans under Article 88 of the same Act;
15. Permission for reburial of graves under Article 27 of the Act on Funeral Services, Etc.;
16. Permission for the implementation of harbor development projects under Article 9 (2) of the Harbor Act, and approval of harbor development project implementation plans under Article 10 (2) of the same Act;
17. Designation of urban development project implementers under Article 11 of the Urban Development Act, authorization for the establishment of associations under Article 13 of the same Act, and authorization for and public notice, etc. of implementation plans under Articles 17 and 18 of the same Act;
18. Approval for implementation plans for housing site development projects under Article 9 of the Housing Site Development Promotion Act;
20. Permission for building private roads under Article 4 of the Private Road Act;
21. Permission for felling trees, etc. under Article 14 of the Erosion Control Work Act, and cancellation of the designation of land for erosion control under Article 20 of the same Act;
22. Approval for comprehensive plans for maintaining small rivers under Article 6 of the Small River Maintenance Act, permission for the maintenance of small rivers, etc. under Article 10 of the same Act, and permission for the occupancy and use of small rivers, etc. under Article 14 of the same Act;
23. Permission for the extraction of aggregate under Article 22 of the Aggregate Extraction Act;
24. Permission for the use of administrative property under Article 30 of the State Property Act;
25. Permission for the use and profit-making under Article 20 of the Public Property and Commodity Management Act;
26. Consultation on the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
27. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
28. Approval for implementation plans for the development of a logistics complex under Article 28 of the Act on the Development and Management of Logistics Facilities;
29. Examination of publication of maps, etc. under Article 15 (3) of the Act on the Establishment, Management, etc. of Spatial Data, and reporting on the commencement, alteration, or completion of projects under Article 86 (1) of the same Act;
30. Deliberation of building committees under Article 4 of the Building Act, building permission under Article 11 of the same Act, permission for the construction and reporting on the construction of temporary buildings under Article 20 of the Building Act, and consultation on construction under Article 29 of the same Act;
31. Establishment registration of superstores under Article 8 of the Distribution Industry Development Act;
32. Designation of regional development project operators under Article 19 of the Regional Development Assistance Act, and approval for action plans under Article 23 of the same Act;
33. Approval of project plans in Article 15 of the Housing Act.
(2) Where a Mayor/Do Governor approves an action plan or approves the modification thereof under Article 28 (1), he/she shall consult with the heads of the relevant administrative agencies in advance if the action plan includes matters which fall under any of the subparagraphs of paragraph (1).
(3) The head of a relevant administrative agency upon receipt of a request for consultation under paragraph (2) shall submit his/her opinions within 20 days, and where he/she fails to submit his/her opinions within such period, he/she shall be considered to have no opinion.
(4) Where it is considered to have obtained permission, etc. under other statutes pursuant to paragraph (1), fees imposed by the relevant statutes shall be exempted.
 Article 30 (Commencement of Development Projects)
(1) A development project operator shall commence a development project within one year from the date on which he/she obtains approval for action plan under Article 28 (1): Provided, That a Mayor/Do Governor may extend the period once within the scope of one year where it is unavoidable to postpone the deadline for commencement. <Amended on Feb. 18, 2020>
(2) In cases of failure in commencing a development project by the deadline for commencement prescribed in paragraph (1), the approval for action plan for the development project shall become invalid on the date following the deadline for commencement. <Amended on Feb. 18, 2020>
[Title Amended on Feb. 18, 2020]
 Article 31 (Expropriation of Land)
(1) When it is necessary for implementing a development project for public necessity, any development project operator may expropriate (including use; hereinafter the same shall apply) land, goods, or rights (hereinafter referred to as "land, etc.") under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. <Amended on Jan. 5, 2021>
(2) Where a public notice of approval for action plan prescribed in Article 28 (5) is made, project recognition and public notice of project recognition in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be considered to have been obtained or made, and notwithstanding Articles 23 and 28 of the same Act, an application for adjudication shall be filed within the period of implementation of projects prescribed by action plan: Provided, That where particulars of land, etc. to be expropriated are included in a development plan prescribed in Article 9 (1) and (5), the public notice of development plans prescribed in Article 9 (7) shall be considered as the public notice of project recognition or public notice of project recognition prescribed in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and an application for adjudication on the relevant land, etc. shall be filed within the period as determined by development plan prescribed in Article 9 (1) and (5) of this Act.
(3) An application for adjudication under paragraph (2) may be filed after purchasing land equivalent to at least 2/3 of the land in a development zone and obtaining consent from at least 1/2 of the total number of landowners: Provided, That the same shall not apply to a development project operator under Article 25 (1) 1 through 3 and a person who jointly performs a development project with such project operator. <Newly Inserted on Jan. 5, 2021>
(4) The land expropriation committee competent for adjudication on the expropriation of land, etc. prescribed in paragraph (1) shall be the Central Land Expropriation Committee. <Amended on Jan. 5, 2021>
(5) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation of land, etc. prescribed in paragraph (1). <Amended on Jan. 5, 2021>
 Article 32 (Inspection of Completion of Construction Works)
(1) Where a development project operator completes the entire or part of a development project, he/she shall undergo an inspection of completion of construction works conducted by the competent Mayor/Do Governor without delay as prescribed by Presidential Decree. In such cases, the competent Mayor/Do Governor shall consult with the Minister of Oceans and Fisheries and the heads of the relevant administrative agencies in advance.
(2) Where a development project operator has undergone an inspection of completion of construction works under paragraph (1), he/she shall be considered to have undergone or have obtained an inspection of completion of construction works or authorization for completion of construction works of the relevant project in accordance with permission, etc. in the subparagraphs of Article 29 (1).
(3) No land developed nor facility installed shall be used before the inspection of completion of construction works prescribed in paragraph (1): Provided, That the same shall not apply to cases where a permission for use is obtained from the competent Mayor/Do Governor as prescribed by Presidential Decree.
(4) A Mayor/Do Governor shall manage zones in which a development project is completed, in compliance with the district unit plan included in the action plan publicly notified under Article 28 (5).
 Article 33 (Devolvement of Public Facilities)
Where a development project operator installs a new public facility (excluding facilities prescribed by Presidential Decree: hereafter the same shall apply in this Article) or installs a facility to replace the existing public facility by implementing a development project, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the devolvement of such facility.
 Article 34 (Restriction on Disposal of State and Public Land)
No land owned by the State or local governments and located in a maritime cluster (limited to areas in which a development plan is formulated), which is necessary for a development project under this Act shall be sold nor transferred for purposes other than the purpose of the development project.
 Article 35 (Methods of Disposal of Formed Land)
(1) A development project operator shall supply land formed by a development project in a maritime cluster (hereinafter referred to as "formed land") as determined by action plan prescribed in Article 28 (1).
(2) Where a development project operator supplies formed land for purposes prescribed by Presidential Decree, such as the attraction of core industry-related enterprises, he/she may do so by attaching conditions, such as the observance of purpose of use designated, observance of obligatory period of use, prohibition of re-sale and special contract of repurchase, and may determine the supply price below the cost price.
(3) Procedures and methods of supplying formed land supplied by a development project operator, price standards and other matters concerning the conditions of supply shall be prescribed by Presidential Decree.
 Article 36 (Reduction and Exemption of Taxes and Charges for Development Project Operators)
(1) A local government may, if necessary for the smooth implementation of a maritime cluster development project, reduce or exempt the acquisition tax, registration tax, property tax, etc. of the development project operator as prescribed by the Restriction of Special Local Taxation Act.
(2) A local government may, if necessary for the smooth implementation of a maritime cluster development project, reduce or exempt the infrastructure installation costs and metropolitan transport facility charges of the development project operator or not impose such costs or charges as prescribed by the National Land Planning and Utilization Act and the Special Act on the Management of Intercity Transport in Metropolitan Areas.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 37 (Reporting and Inspection)
(1) The Minister of Oceans and Fisheries or a Mayor/Do Governor may, if necessary for the development of a maritime cluster, order the development project operator to make necessary reports or submit materials, and have public officials under his/her control access the place of business of the development project operator or other necessary places to inspect matters concerning the affairs and accounting of the development project.
(2) Where conducting an inspection prescribed in paragraph (1), an inspection plan including the date and time of inspection, purpose of inspection, matters of inspection, etc. shall be informed to the relevant development project operator: Provided, That the same shall not apply to cases requiring urgency or cases where attaining the purpose of inspection may be hampered due to destruction of evidence, etc.
 Article 38 (Hearings)
Where a Mayor/Do Governor intends to cancel the designation of a development project operator under Article 27 (1), he/she shall hold a hearing.
 Article 39 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to the heads of the regional offices of oceans and fisheries or to Mayors/Do Governors as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may entrust part of this/her duties under this Act to specialized institutions, promotion foundations, etc. related to maritime industries, etc. as prescribed by Presidential Decree.
CHAPTER VI? PENALTY PROVISIONS
 Article 40 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won:
1. A person who has obtained designation of a development project operator by fraud or other improper means;
2. A person who has obtained approval of an action plan or approval for the modification thereof by fraud or other improper means.
(2) A person who implements a development project without obtaining approval for action plan or approval for the modification thereof shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
 Article 41 (Joint Penalty Provisions)
Where the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations prescribed in Article 40 in connection with the business affairs of the corporation or the individual, the corporation or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
 Article 42 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine of not more than 10 million won:
1. A person who fails to submit reports or materials prescribed in Article 37 (1) or submits a false report or material;
2. A person who refuses, obstructs, or evades an inspection prescribed in Article 37 (1).
(2) An administrative fine prescribed in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries or Mayors/Do Governors as prescribed by Presidential Decree.
ADDENDA <Act No. 14247, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 15607, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 16572, Aug. 27, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16902, Jan. 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. 17060, Feb. 18, 2020>
This Act shall enter into force on the date of 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.
ADDENDUM <Act No. 17334, May 26, 2020>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 17877, Jan. 5, 2021>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 23-2 and 23-3 shall enter into force on the date of its promulgation.