The purpose of this Decree is to prescribe matters mandated by the New Port Construction Promotion Act and matters necessary for the enforcement thereof. <Amended on Apr. 30, 2018>
| Article 2 (Formulation of master plans for construction of new ports) |
A master plan for the construction of a new port (hereinafter referred to as "master plan") under Article 3 (1) of the New Port Construction Promotion Act (hereinafter referred to as the "Act") shall be accompanied by a planning layout of at a scale of at least 1:25,000. <Amended on Apr. 30, 2018>
| Article 3 Deleted. <Feb. 13, 2014> |
| Article 4 (Public notice of master plans) |
When formulating a master plan pursuant to Article 3 of the Act, the Minister of Oceans and Fisheries shall publicly notify the details specified in the subparagraphs of Article 4 of the Act in the Official Gazette. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 4-2 (Designation of dedicated institutions) |
| (1) | The Minister of Oceans and Fisheries may designate an institution that meets all of the following requirements as a dedicated institution under Article 3 (4) of the Act: |
| 2. | It shall be an institution specialized in the collection, analysis, and other similar activities related to information on demand forecasting for port cargo volume; |
| 3. | It shall have professional personnel and organizations necessary to perform the duties specified in subparagraph 2. |
| (2) | The Minister of Oceans and Fisheries may subsidize a dedicated institution designated pursuant to paragraph (1) to cover the expenses incurred in conducting surveys and research. |
| (3) | The Minister of Oceans and Fisheries may revoke the designation of a dedicated institution designated pursuant to paragraph (1) in any of the following cases; provided, the Minister shall revoke the designation in the case of subparagraph 1: |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it is deemed impracticable to properly perform the designated duties due to poor performance of such duties; |
| 3. | Where it ceases to meet the requirements specified in paragraph (1); |
| 4. | Where it has used the expenses provided pursuant to paragraph (2) for purposes other than those intended. |
| (4) | The Minister of Oceans and Fisheries shall hold a hearing before revoking the designation of a dedicated institution pursuant to paragraph (3). |
| (5) | Except as provided in paragraphs (1) through (4), the Minister of Oceans and Fisheries may determine and publicly notify matters necessary for the detailed designation standards, support, and other similar activities for dedicated institutions. |
[This Article Added on Apr. 30, 2018]
| Article 5 Deleted. <Apr. 30, 2018> |
| Article 6 (Details of master plans) |
“Other matters prescribed by Presidential Decree” in subparagraph 5 of Article 4 of the Act means the following: <Amended on Dec. 21, 2006; Nov. 24, 2010> | 1. | A plan for transportation facilities in the hinterland; |
| 2. | A plan for port facility protection districts; |
| 3. | Environmental impact assessment and mitigation measures; |
| 4. | Deleted. <Nov. 24, 2010> |
| Article 6-2 (Modification of minor matters in master plans) |
| (1) | "Modification to minor matters prescribed by Presidential Decree" in the proviso of Article 4-2 (3) of the Act means any of the following modification: <Amended on Jul. 23, 2024> |
| 1. | Reducing the size of a new port construction area or a planned new port construction area to be smaller than the originally planned size, or expanding the size by up to 10/100 of the originally planned size; |
| 2. | Changing the project cost by up to 10/100 of the total project cost; |
| 3. | Changing the total project cost due to price fluctuations, changes in construction methods, or adjustments through settlement; |
| 4. | Changing the construction period by up to 2 years; |
| 5. | Changing the location and structure of port facilities and other relevant facilities, due to topographical or geological conditions; |
| 6. | Modifying a master plan to reflect the matters regarding new port construction as included in any of the following plans: |
| 7. | Modifying a master plan to reflect the matters regarding new port construction as included in any of the following: |
| 8. | Changing the location of a port facility without increasing the reclaimed area of public waters; |
| 9. | Changing the name of a port facility without altering its scale; |
| 10. | Increasing the mooring capacity of a mooring facility without changing its scale; |
| 11. | Modifying the facilities of a dolphin (referring to a pile or similar structure for anchoring or berthing ships; hereinafter the same shall apply) within the range of the normal line (referring to the line extending from the upper end of the surface where the vessel berths at the mooring facility) of the dolphin. |
| (2) | Where the Minister of Oceans and Fisheries intends to modify a master plan pursuant to paragraph (1) 1, the Minister shall have a prior consultation with the head of the central administrative agency in charge of a State project to be affected by such modification, if any. |
| (3) | When the Minister of Oceans and Fisheries modifies a master plan pursuant to paragraph (1) 1 or 5, the Minister shall notify such modification to a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") related to the master plan. |
[This Article Added on Apr. 30, 2018]
| Article 7 (Designation and public notice of planned areas for new port construction) |
When designating a planned area for new port construction under Article 5 (1) of the Act (hereinafter referred to as "planned area") or modifying the designated planned area, the Minister of Oceans and Fisheries shall publicly notify the following details in the Official Gazette and notify the competent Mayor/Do Governor thereof: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | The name of the planned area; |
| 2. | The purpose of designation or modification; |
| 3. | The location, scope, and area of the planned area; |
| 4. | The date of designation or modification. |
| Article 8 (Acts subject to consultation) |
“Acts prescribed by Presidential Decree” in the former part of Article 5 (4) of the Act means the following acts: | 1. | Modifying landform or collecting soil and stone, gravel, and sand; |
| 2. | Newly constructing, altering, or extending buildings or installing structures; |
| 3. | Felling or planting bamboos or trees; |
| 4. | Dredging or excavating public waters; |
| 5. | Collecting soil and stone, gravel, and sand from public waters; |
| 6. | Catching, harvesting, or cultivating aquatic animals and plants in public waters (including artificially created waters on land). |
[This Article Wholly Amended on Jul. 6, 1999]
| Article 8-2 (New port construction project operators) |
| (1) | "Public institutions prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means the following institutions: <Amended on Dec. 10, 2019> |
| 2. | The Korea Tourism Organization established under the Korea Tourism Organization Act; |
| 4. | The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (applicable only to a new port construction project implemented in Jeju Special Self-Governing Province); |
| 7. | Other public institutions determined and publicly notified by the Minister of Oceans and Fisheries to implement a new port construction project. |
| (2) | "Private investor meeting the qualifications prescribed by Presidential Decree, including capital" in Article 7 (1) 5 of the Act means any of the following persons: <Amended on Oct. 30, 2018> |
| 1. | A person who owns at least 50/100 of the area of land in the project zone; |
| 2. | A real estate trust company that is trusted with at least 1/3 of the area of land in the project zone; |
| 3. | A person who has filed for registration of a business category of performing general construction works under the Framework Act on the Construction Industry and whose publicly announced construction capability evaluation amount under Article 23 of that Act is at least the average annual project cost (excluding compensation costs) of the relevant new port construction project; |
[This Article Added on Apr. 30, 2018]
| Article 9 (Designation of project operators) |
| (1) | A person who intends to be designated as the operator of a new port construction project pursuant to Article 7 (2) of the Act (hereinafter referred to as "project operator") shall prepare a project plan for the construction of a new port (hereinafter referred to as "project plan") that includes the following details and shall obtain approval from the Minister of Oceans and Fisheries; the same shall also apply to any modification to approved matters: <Amended on Jul. 6, 1999; Feb. 29, 2008; Mar. 23, 2013; Apr. 30, 2018> |
| 1. | The type and scale of the project; |
| 2. | The name and address of the person who intends to implement the project (in cases of a corporation, the name and address of the corporation, along with those of its representative); |
| 3. | The location and area of the project zone; |
| 4. | The objectives and methods of the implementation of the project, and the project details; |
| 5. | The period of project implementation; |
| 6. | The details of investment expenses and the financing plan; |
| 7. | The management and operation plan for the facilities; |
| 8. | The income and expenditure plan, including user fees; |
| 9. | If the project operator seeks a subsidy from the national treasury, the details and reasons therefor; |
| 10. | If incidental works are to be performed, the details and reasons therefor; |
| 11. | Other matters necessary for the implementation of the project. |
| (2) | A project plan prepared pursuant to paragraph (1) shall be accompanied by the following drawings: |
| 1. | A topographic map with a scale of at least 1:5,000 or an equivalent general floor plan, along with a cadastral floor plan; |
| 2. | A planned floor plan including adjacent land. |
| (3) | The Minister of Oceans and Fisheries may approve a project plan if it is deemed feasible based on an objective evaluation. In such cases, if it is necessary to evaluate the feasibility of the project plan pursuant to Article 7 (4) of the Act, the Minister may request an evaluation from a government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, which is deemed to have expertise in the construction of a new port. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 30, 2018; Jul. 23, 2024> |
| (4) | If an interested party in a project plan requests the inspection of the results of an evaluation under paragraph (3), the Minister of Oceans and Fisheries shall allow the inspection. <Added on Apr. 30, 2018> |
| (5) | When the Minister of Oceans and Fisheries approves a project plan pursuant to paragraph (3), the Minister shall determine the scope of the project and designate the applicant as the project operator of the relevant new port construction project. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 30, 2018> |
| (6) | A person designated as a project operator pursuant to paragraph (5) shall file an application for approval of an implementation plan for the new port construction project under Article 8 (1) of the Act (hereinafter referred to as "implementation plan") within 1 year from the date of designation. In such cases, the Minister of Oceans and Fisheries may extend the application period only twice within a maximum period of 2 years, if it is deemed that unavoidable circumstances exist. <Amended on Feb. 29, 2008; Jun. 30, 2009; Mar. 23, 2013; Apr. 30, 2018> |
| Article 10 (Approval and public notice of implementation plans) |
| (1) | An implementation plan shall include the following details: <Amended on Dec. 21, 2006; Feb. 29, 2008; Aug. 26, 2008; Dec. 31, 2008; Nov. 24, 2010; Jul. 20, 2012; Mar. 23, 2013; May 22, 2014; Jan. 22, 2016; Dec. 12, 2023; Apr. 30, 2024> |
| 1. | A floor plan and drawings and specifications; |
| 2. | A detailed construction implementation plan; |
| 3. | Fund plans and documents evidencing such plan (including annual investment plans, financing plans, and annual plans for recovering invested expenses, etc.); |
| 4. | The location, lot number, category, and area of the land, goods, or rights to be expropriated or used (hereinafter referred to as "land, etc."); the cadastral maps; the details of ownership and non-ownership rights; and the names and addresses of the owners and the rights holders; |
| 5. | A plan for the purchase and compensation of land, etc., within the project zone and measures for the relocation of residents; |
| 6. | A plan for the relocation and removal of public facilities and a plan for the installation of alternative facilities; |
| 7. | A plan for the use, profit-making, management, and disposal of land and facilities developed through the new port construction project; |
| 11. | The details of constructive authorization, permission, etc. specified in the subparagraphs of Article 9 (1) of the Act, if any; |
| 13. | A report on a damage impact survey conducted by a specialized research institute or educational institution related to fisheries designated by the Minister of Oceans and Fisheries on Fisheries; |
| 14. | Other documents necessary for the project implementation. |
| (2) | When the Minister of Oceans and Fisheries formulates or approves an implementation plan pursuant to Article 8 (1) of the Act, the Minister shall publicly notify the following details in the Official Gazette: <Amended on Jul. 1, 2000; Dec. 26, 2002; Dec. 21, 2006; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2021> |
| 1. | The name of the project; |
| 2. | The name and address of the project operator (in cases of a corporation, the name and address of the corporation, along with those of its representative); |
| 3. | The objectives and outline of the project; |
| 4. | The location and area for the project implementation; |
| 5. | The period of project implementation (including the scheduled commencement and completion dates); |
| 6. | The total project cost; |
| 7. | The location, lot number, category, and area of the land, etc. to be expropriated or used; the details of ownership and non-ownership rights; and the names and addresses of the owners and the rights holders; |
| 10. | Methods of inspecting relevant drawings and specifications. |
| (3) | "Matters prescribed by Presidential Decree" in Article 8 (6) of the Act means matters that either involve subsidies from the National Treasury or do not fall under any of the following categories: <Amended on Nov. 24, 2010> |
| 1. | Change of the project costs by up to 5/100; |
| 2. | Change of the project area by up to 5/100; |
| 3. | Change of the project period by up to 1 year (limited to cases where the project period does not exceed the construction period specified in the project plan under Article 9 (1)); |
| 4. | Modification of the location and structure of a port facility, etc. due to topographical or geological conditions. |
| (4) | If a project operator, other than the Minister of Oceans and Fisheries, modifies any matter specified in the subparagraphs of paragraph (3) (excluding cases involving subsidies from the National Treasury), the operator shall notify the Minister of Oceans and Fisheries of such modification. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 30, 2018> |
| Article 11 (Integrated council for constructive authorization or permission) |
| (1) | If the Minister of Oceans and Fisheries intends to hold a meeting of an integrated council for constructive authorization, permission, etc. under Article 9-2 (1) of the Act (hereinafter referred to as the "Integrated Council"), the Minister shall notify the head of the relevant administrative agency of the holding of the meeting at least 7 days before the meeting. |
| (2) | Upon receipt of notification under paragraph (1), the head of the relevant administrative agency shall submit his or her opinion on the constructive authorization, permission, etc. specified in the subparagraphs of Article 9 (1) of the Act at a meeting of the Integrated Council; provided, if it is impracticable to submit the opinion on the relevant authorization, permission, etc. at the meeting due to the need for further review of relevant statutes or regulations, verification of facts, or other related examinations, the head may submit the opinion within 5 days from the date of the meeting. <Amended on Dec. 12, 2023> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the operation and other relevant functions of the Integrated Council shall be determined by the Minister of Oceans and Fisheries. |
[This Article Wholly Amended on Feb. 13, 2014]
| Article 12 Deleted. <Apr. 30, 2024> |
| Article 13 Deleted. <Apr. 30, 2024> |
| Article 13-2 Deleted. <Apr. 30, 2024> |
| Article 13-3 Deleted. <Apr. 30, 2024> |
| Article 14 Deleted. <Apr. 30, 2024> |
| Article 15 Deleted. <Apr. 30, 2024> |
| Article 16 Deleted. <Apr. 30, 2024> |
| Article 17 Deleted. <Apr. 30, 2024> |
| Article 18 Deleted. <Apr. 30, 2024> |
| Article 19 Deleted. <Apr. 30, 2024> |
| Article 20 (Exceptions to separate contracting) |
“If it is impracticable to award a contract for architectural works, electrical works, and telecommunications works separately given the nature or technical management of such works” in Article 11 (2) of the Act means any of the following: <Amended on Dec. 30, 2005; Dec. 21, 2006> | 1. | In cases of construction works for large facilities, such as lock facilities and container terminals, which involve specialized technologies, such as patented methods, if separate contracting would result in unclear allocation of defect liability or make it impossible to complete a single structure; |
| 2. | If separate contracting is impracticable for restoration works due to natural disasters or calamities, considering the urgent circumstances; |
| 3. | If separate contracting is impracticable for construction works related to national defense, national security, etc., due to the need to maintain confidentiality; |
| Article 21 (Entrustment of tasks related to implementation of basic facilities construction) |
| (1) | If necessary for the efficient facilitation of a new port construction project, such as reducing the construction period and cost, the Minister of Oceans and Fisheries may entrust a project operator, other than the Minister, with tasks related to the implementation of construction works for basic facilities directly conducted by the Minister pursuant to Article 11 (4) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 30, 2018> |
| (2) | If the Minister of Oceans and Fisheries intends to entrust a project operator, other than the Minister, with tasks related to the implementation of construction works for basic facilities pursuant to paragraph (1), the Minister shall prepare an entrustment agreement specifying the scope of entrusted tasks, the methods of performing such tasks, the period of entrustment, and other relevant details. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 30, 2018> |
| (3) | If a project operator, other than the Minister of Oceans and Fisheries, who is entrusted with tasks related to the implementation of basic facilities construction works pursuant to paragraph (1), intends to conclude a contract for the relevant construction works, the operator shall request the Administrator of the Public Procurement Service to conclude such contract; provided, this shall not apply where the project operator is a port authority under the Port Authority Act. <Amended on Dec. 21, 2006; Nov. 24, 2010; Aug. 11, 2011; Apr. 30, 2018> |
[Title Amended on Apr. 30, 2018]
| Article 21-2 (Completion confirmation) |
When the Minister of Oceans and Fisheries conducts a completion inspection pursuant to Article 13 (2) of the Act, the Minister shall authorize a public official under his or her jurisdiction or a person requested to conduct the inspection pursuant to the latter part of Article 13 (1) of the Act to conduct the necessary completion inspection. In such cases, if the construction work for which an application for the completion confirmation has been filed is subject to construction project management, including the exercise of delegated supervisory authority as prescribed in Article 55 (1) 1 of the Enforcement Decree of the Construction Technology Promotion Act, the required inspection for the completion confirmation may be substituted with the construction project management report and the completion inspection report by the construction project management service provider. <Amended on Dec. 21, 2006; Feb. 29, 2008; Dec. 13, 2010; Mar. 23, 2013; May 22, 2014, Jan. 7, 2020; Sep. 14, 2021> [This Article Added on Jul. 6, 1999]
| Article 21-3 Deleted. <Dec. 21, 2006> |
| Article 22 (Advance payments) |
If a project operator intends to receive an advance payment for land to be developed through the implementation of a new port construction project pursuant to Article 17 (1) of the Act, the operator shall have a prior consultation with a person to be supplied with the relevant land regarding the price of the land, the timing of supply, and the area, location, condition, usage, and other relevant factors of the land.
| Article 23 (Issuance of land redemption bonds) |
| (1) | Land redemption bonds under Article 17 (2) of the Act (hereinafter referred to as "land redemption bonds") shall be issued by means of public offering or sale. |
| (2) | When a project operator issues land redemption bonds pursuant to paragraph (1), the operator shall publicly announce the name and sale period of the bonds and the details specified in the subparagraphs of Article 26 (2). |
| Article 24 (Issuance terms and conditions for land redemption bonds) |
| (1) | The interest rate of land redemption bonds shall be determined by the issuer, taking into account the deposit interest rates of financial institutions and real estate supply and demand conditions at the time of issuance. |
| (2) | The redemption period of land redemption bonds shall not exceed 10 years. |
| Article 25 (Form of land redemption bonds) |
Land redemption bonds shall be issued as registered securities.
| Article 26 (Subscription to land redemption bonds) |
| (1) | A person who intends to subscribe to land redemption bonds shall enter the number of bonds to be underwritten, the underwriting price, and the address of the subscriber in 2 copies of the subscription form for such bonds, and shall affix his or her signature and seal thereon. |
| (2) | A subscription form for land redemption bonds shall be prepared by a project operator and shall include the following details: |
| 1. | The name of the project operator; |
| 2. | The total issuance amount of land redemption bonds; |
| 3. | The face value by type of land redemption bonds; |
| 4. | The interest rate of land redemption bonds; |
| 5. | The method and timing of principal repayment; |
| 6. | The method and timing of interest payment; |
| 7. | The issuance price and issuance timing of land redemption bonds; |
| 8. | In cases where the purchase price of land redemption bonds is determined to be paid in installments, the installment amounts and timing. |
| Article 27 (Details to be included in land redemption bonds) |
Land redemption bonds shall include the following details, and the issuer shall affix his or her signature and seal thereon:
| 1. | Details specified in Article 26 (2) 1 and 3 through 6; |
| 2. | Serial numbers of land redemption bonds; |
| Article 28 (Keeping of register of land redemption bonds) |
The issuer of land redemption bonds shall keep the register of such bonds, stating the following details at the principal office:
| 1. | Serial numbers of land redemption bonds; |
| 2. | The date of issuance of land redemption bonds; |
| 3. | Details specified in Article 26 (2) 2 through 6; |
| 4. | The names and addresses of the owners of land redemption bonds; |
| 5. | The date of acquisition of land redemption bonds. |
| Article 29 (Transfer of land redemption bonds) |
| (1) | In cases of the transfer of land redemption bonds, the name and address of the acquirer shall be recorded in the register of such bonds; otherwise, the acquirer shall not be able to assert claims against the issuer or any third party. |
| (2) | Where land redemption bonds are subject to a pledge, if the name and address of the pledgee are not recorded in the register of such bonds, the pledgee shall not be able to assert claims against the issuer or any third party. |
| (3) | When a pledge is established pursuant to paragraph (2), the issuer shall indicate the effect of such pledge on the land redemption bonds. |
| Article 30 (Notification to owners of land redemption bonds) |
Notice or peremptory notice to the owner of land redemption bonds shall be given to the address stated in the register of land redemption bonds; provided, if a different address is notified to the issuer of such bonds, such notice shall be given to that address.
| Article 31 (Plans for issuing land redemption bonds) |
A plan for issuing land redemption bonds under Article 17 (4) of the Act shall include the following details regarding land redemption bonds: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Details specified in the subparagraphs of Article 26 (2); |
| 2. | The repayment target area, the use of the target land, and the scope of eligible purchasers; |
| 3. | The method of estimating the land price; |
| 4. | In cases of guaranteed issuance, the guarantor institution and the details of the guarantee; |
| 5. | A plan for the use of paid-in funds; |
| 6. | Other matters determined by the Ministry of Oceans and Fisheries. |
| Article 32 Deleted. <Dec. 31, 1997> |
When the Minister of Maritime Affairs and Fisheries makes a disposition or issues an order under Article 18 (1) of the Act, the Minister shall publicly notify the following details in the Official Gazette: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | The name of the project; |
| 2. | The name and address of the project operator (in cases of a corporation, the name and address of the corporation, along with those of its representative); |
| 3. | The location and area of the project zone; |
| 4. | The details and reasons for the disposition or order. |
| Article 33-2 (Preferential subsidies and loans for infrastructure) |
The following types of infrastructure are eligible for preferential subsidies or loans for installation costs under Article 20 (2) of the Act: | 1. | Roads and railroads directly connected to the relevant new port; |
| 2. | Water supply facilities and communication facilities; |
| 3. | Sewerage facilities, public wastewater treatment facilities, and waste treatment facilities; |
| 4. | A utility tunnel within the relevant project zone. |
[This Article Added on Apr. 30, 2018]
| Article 34 (Scope of incidental works) |
The scope of incidental works under Article 21 (2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Construction of offices for business purposes; |
| 2. | Construction of warehouses for storing construction materials; |
| 3. | Construction of maintenance facilities for construction equipment; |
| 4. | Construction of accommodations, amenities, and various ancillary facilities to house construction workers; |
| 5. | Construction of various supply pipelines for electricity, gas, water, telecommunications, other utilities; |
| 6. | Development of soil and stone collection sites and marine sand collection sites, necessary for new port construction projects; |
| 7. | Construction of access roads, parking lots, and storage yards for construction works to transport construction workers and materials; |
| 8. | Construction of mooring facilities for construction works and facilities necessary for the operation thereof; |
| 9. | Removal of obstacles such as structures, to ensure the safe operation of vessels; |
| 10. | Construction of sewage treatment facilities and gray water treatment facilities to treat sewage and other related substances, discharged from port facilities; |
| 11. | Construction of temporary manufacturing facilities for construction materials; |
| 12. | Construction of other facilities prescribed by Decree of the Ministry of Oceans and Fisheries. |
| Article 34-2 (Scope of ancillary projects) |
| (1) | “Ancillary projects prescribed by Presidential Decree” in Article 21-2 (1) of the Act means the following projects: |
| 1. | Housing construction projects under the Housing Act; |
| 2. | Tourism accommodation business, tourist-use facility business, and development projects for tourist destinations and tourism complexes under the Tourism Promotion Act; |
| 8. | Projects related to the installation and operation of new and renewable energy facilities under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy. |
| (2) | A person who intends to implement an ancillary project specified in the subparagraphs of paragraph (1) shall include the following details in a project plan and an implementation plan pursuant to Article 21-2 (2) of the Act: |
| 1. | The objectives of implementing the ancillary project; |
| 2. | The target area, size, and type of the ancillary project; |
| 3. | The details and operational plan of the ancillary project, including the project cost scale and implementation period; |
| 4. | Expected effects of the ancillary project, such as profits; |
| 5. | The financing plan for the ancillary project; |
| 6. | Measures to meet the project requirements prescribed by related statutes under Article 21-2 (5) of the Act; |
| 7. | Other matters that the Minister of Oceans and Fisheries deems necessary for assessing the feasibility of the ancillary project. |
| (3) | If the Minister of Oceans and Fisheries intends to approve a project plan and an implementation plan that include matters regarding an ancillary project pursuant to Article 21-2 (2) of the Act, the Minister shall seek the opinions of the heads of relevant central administrative agencies in advance. |
[This Article Added on Apr. 30, 2018]
| Article 34-3 (Formulation of support plans for planned areas) |
| (1) | A support plan under Article 21-3 (1) of the Act (hereinafter referred to as "support plan") shall include the following: |
| 1. | The name and objectives of the support project for the planned area (hereinafter referred to as "support project"); |
| 2. | The details, scale, and area of the support project; |
| 3. | The implementation period of the support project; |
| 4. | The area subject to the support project; |
| 5. | Measures for securing land, if necessary; |
| 6. | The effects of the support project; |
| 7. | Expenses necessary for the support project and the financing plan; |
| 8. | Project implementation plans by sector and by year; |
| 9. | Drawings and specifications and other matters necessary for implementing the support project. |
| (2) | A person seeking approval under the former part of Article 21-3 (2) of the Act shall formulate a support plan that includes the details specified in the subparagraphs of paragraph (1) and submit it to the Minister of Oceans and Fisheries; and if it is impracticable to determine whether to approve the plan only with the submitted details, the Minister may request the supplementation thereof. |
| (3) | “Criteria prescribed by Presidential Decree” in the latter part of Article 21-3 (2) of the Act means the following: |
| 1. | Compliance with the relevant statutes and regulations; |
| 2. | Capabilities to implement projects, such as financing capacity; |
| 3. | Impacts on the development of local communities; |
| 4. | Other matters that the Minister of Oceans and Fisheries deems necessary to determine the appropriateness of the support plan. |
| (4) | “Important matters prescribed by Presidential Decree” in Article 21-3 (3) of the Act means the following; provided, this shall not apply to changes in the scale or area of the support project by up to 10/100 after prior consultation with the Minister of Oceans and Fisheries or to cases where the Minister of Oceans and Fisheries deems that the relevant change does not affect the achievement of the objectives of the support project: |
| 1. | The details, scale, and area of the support project; |
| 2. | The implementation period of the support project; |
| 3. | The area subject to the support project; |
| 4. | Expenses necessary for the support project and the financing plan; |
| 5. | Matters separately determined by the Minister of Oceans and Fisheries when approving or modifying the support plan. |
| (5) | The latter part of Article 21-3 (2) of the Act and paragraphs (4) and (5) of that Article shall apply mutatis mutandis to the modification of a support plan by a project operator and approval therefor under Article 21-3 (3) of the Act. In such cases, "approval" shall be construed as "approval for modification", and "formulation" as "modification". |
| (6) | The latter part of Article 21-3 (1) of the Act and paragraphs (4) and (5) of that Article shall apply mutatis mutandis to the modification of a support plan formulated by the Minister of Oceans and Fisheries pursuant to the former part of Article 21-3 (1) of the Act (limited to the modification of matters specified in paragraph (4) (excluding subparagraph 5 of that paragraph)). In such cases, "formulation" shall be construed as "modification", and "approval" as "approval for modification". |
| (7) | If a public hearing is held pursuant to Article 21-3 (4) of the Act, the Minister of Oceans and Fisheries shall publicly announce the following at least once no later than 14 days before the scheduled date of the public hearing, on the website of the Ministry of Oceans and Fisheries or in at least 2 general daily newspapers registered under Article 9 (1) of the Act on the Promotion of Newspapers, with the planned area as their main distribution area: |
| 1. | The objectives of the public hearing; |
| 2. | The scheduled date, time, and venue of the public hearing; |
| 3. | Major details of the support plan; |
| 4. | Matters regarding the application for presenting opinions; |
| 5. | Other matters necessary for holding the public hearing. |
| (8) | “Where any ground prescribed by Presidential Decree exists, such as failure to implement a support plan” in Article 21-3 (6) of the Act means any of the following cases: |
| 1. | Where the project operator fails to commence the project within 2 years from the date of obtaining approval of the support plan; |
| 2. | Where the project operator obtains approval by fraud or other improper means; |
| 3. | Where it is expected that the objectives of the support plan cannot be achieved due to changes in circumstances or where the implementation of the support plan is deemed likely to significantly harm the public interest. |
| (9) | When the Minister of Oceans and Fisheries formulates and approves a support plan or approves the modification of a support plan or modifies such plan under paragraph (5) or (6), the Minister shall publicly notify the following in the Official Gazette pursuant to Article 21-3 (7) of the Act: |
| 1. | The name and objectives of the support project; |
| 2. | The details, scale, and area of the support project; |
| 3. | The implementation period of the support project; |
| 4. | The area subject to the support project; |
| 5. | Project implementation plans by sector and by year; |
| 6. | The name or title and address of the project operator; |
| 7. | Other matters regarding the formulation, modification, approval, etc. of a support plan, which are deemed necessary to be publicly notified in the Official Gazette. |
[This Article Added on Aug. 19, 2020]
| Article 34-4 (Standards for preferential treatment of contract methods) |
If the Minister of Oceans and Fisheries intends to give preferential treatment to a person whose main business office is in a planned area or to another person who participates in a tender jointly with such a person in the tendering procedure for the implementation of a support plan pursuant to Article 21-4 of the Act, the Minister shall comply with the preferential treatment standards determined after consultation with the Minister of Economy and Finance. In such cases, the Minister of Oceans and Fisheries shall post the determined preferential treatment standards on the website of the Ministry of Oceans and Fisheries. [This Article Added on Aug. 19, 2020]
| Article 35 Deleted. <Jul. 23, 2024> |
| Article 36 (Delegation of authority) |
The Minister of Oceans and Fisheries shall delegate his or her authority over the following to the Director General of a Regional Office of Oceans and Fisheries pursuant to Article 23 of the Act: <Amended on May 24, 1997; Dec. 31, 1997; Jul. 6, 1999; Dec. 21, 2006; Feb. 29, 2008; Nov. 24, 2010; Mar. 23, 2013; Apr. 30, 2018; Jul. 23, 2024> | 1. | Submission of opinions to the heads of relevant administrative agencies under Article 5 (4) of the Act; |
| 1-2. | Evaluation of project plans, financing capabilities of applicants for designation, etc. under the latter part of Article 7 (3) of the Act; |
| 1-3. | Approval, public notice, and approval for the modification or abolition of an implementation plan under Article 8 (1), (3), and (6) of the Act; |
| 2. | Completion confirmation and issuance of completion confirmation certificates under Article 13 (1) and (2) of the Act; |
| 3. | Acceptance of a report on use before completion of works under the proviso of Article 13 (4) of the Act; |
| 4. | Dispositions or orders under Article 18 (1) of the Act (limited to dispositions or orders for the matters for which authority has been delegated under subparagraphs 2 and 3); |
| 5. | Imposition and collection of administrative fines under Article 26 of the Act. |
| Article 37 Deleted. <Nov. 24, 2010> |
ADDENDUM <Presidential Decree No. 15352, Apr. 15, 1997>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15379, May 24, 1997>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16469, Jul. 6, 1999>
This Decree shall enter into force on August 9, 1999.
ADDENDA <Presidential Decree No. 16891, Jul. 1, 2000>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 17816, Dec. 26, 2002>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2003.
ADDENDA <Presidential Decree No. 17854, Dec. 30, 2002>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2003.
ADDENDA <Presidential Decree No. 19239, Dec. 30, 2005>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2006.
ADDENDUM <Presidential Decree No. 19774, Dec. 21, 2006>
This Decree shall enter into force on January 5, 2007.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to Presidential Decrees to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
ADDENDA <Presidential Decree No. 20977, Aug. 26, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2008.
ADDENDA <Act No. 21231, Dec. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2009.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2009; provided, the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010. Article 2 (Effective period following amendment to the Enforcement Decree of the Farmland Act)
| (1) | The amended provisions of subparagraph 46 of Appendix 2 of the Enforcement Decree of the Farmland Act shall remain effective until June 30, 2011. |
| (2) | The amended provisions of subparagraph 46 of Appendix 2 of the Enforcement Decree of the Farmland Act shall begin to apply to the first application for permission for diversion of farmland (including permission for modification thereof and authorization, permission, etc. for which permission for diversion of farmland or permission for modification thereof is deemed granted under other statutes; hereafter in this paragraph, the same shall apply) or the first report on such diversion (including a report on modification; hereafter in this paragraph, the same shall apply) filed after this Decree enters into force and shall also apply to an application for permission for diversion of farmland or a report on such diversion filed by June 30, 2011. |
Article 3 (Applicability following amendment to the Enforcement Decree of the Tourism Promotion Act)
The amended provisions of subparagraph 1 of Article 32 of the Enforcement Decree of the Tourism Promotion Act shall also apply to a person who has obtained approval of a project plan or has filed an application for approval of such plan under Article 15 of the Act before this Decree enters into force. Article 4 (Applicability following amendment to the Enforcement Decree of the Industrial Sites and Development Act)
| (1) | The amended provisions of Article 40 (2) of the Enforcement Decree of the Industrial Sites and Development Act shall begin to apply to the first sales plan formulated after this Decree enters into force. |
| (2) | Matters delegated to a municipal ordinance pursuant to the amended provisions of Article 40 (2) of the Enforcement Decree of the Industrial Sites and Development Act shall be governed by the previous provisions until the relevant municipal ordinance is enacted or amended. |
Article 5 (Transitional measures following amendment to the Enforcement Decree of the Employment Insurance Act)
The amended provisions of Article 13 (1) 2 of the Enforcement Decree of the Employment Insurance Act shall begin to apply to the first workplace where working hours are reduced pursuant to Article 13 (1) of that Enforcement Decree after this Decree enters into force. Article 6 (Transitional measures following amendment to the Enforcement Decree of the Act on the Management and Promotion of Real Estate Development Business)
The previous provisions shall apply to the imposition of administrative fines for violations committed before this Decree enters into force.
Article 7 (Transitional measures following amendment to the Enforcement Decree of the New Port Construction Promotion Act)
The amended provisions of the latter part of Article 9 (5) of the Enforcement Decree of the New Port Construction Promotion Act shall apply to a person who have obtained an extension of the application period for approval of an implementation plan for a new port construction project under the previous provisions as at the time this Decree enters into force, but such person shall be deemed to have be granted a single extension under those amended provisions. Article 8 (Transitional measures following amendment to the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources)
The previous provisions shall apply to the imposition of administrative fines for violations committed before this Decree enters into force.
Article 9 (Transitional measures following amendment to the Enforcement Decree of the Sewerage Act)
| (1) | The first retraining under the amended provisions of Article 38 (2) 2 a of the Enforcement Decree of the Sewerage Act shall be conducted in the year that marks the fifth anniversary of the most recent retraining completed before this Decree enters into force falls. |
| (2) | The amended provisions of Article 38 (2) 2 b of the Enforcement Decree of the Sewerage Act shall begin to apply to the first case where a business suspension disposition is made after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 22505, Nov. 24, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22525, Dec. 13, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 23073, Aug. 11, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on August 19, 2011.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25180, Feb. 13, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on May 23, 2014.
ADDENDA <Presidential Decree No. 26928, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 25, 2016.
ADDENDUM <Presidential Decree No. 28844, Apr. 30, 2018>
This Decree shall enter into force on May 1, 2018.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on November 1, 2018.
ADDENDUM <Presidential Decree No. 30235, Dec. 10, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30337, Jan. 7, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30959, Aug. 19, 2020>
This Decree shall enter into force on August 19, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31417, Jan. 26, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31986, Sep. 14, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34479, Apr. 30, 2024>
This Decree shall enter into force on May 1, 2024.
ADDENDUM <Presidential Decree No. 34751, Jul. 23, 2024>
This Decree shall enter into force on July 24, 2024.