CHAPTER I GENERAL PROVISIONS
CHAPTER II HARBOR REDEVELOPMENT MASTER PLANS
| Article 2 (Details of harbor redevelopment master plans) |
| Article 3 (Public notice of harbor redevelopment master plans) |
| (1) | When the Minister of Oceans and Fisheries formulates or modifies a harbor redevelopment master plan under Article 5 of the Act (hereinafter referred to as "master plan"), the Minister shall publicly notify the following details in the Official Gazette under Article 6 (1) of the Act: |
| 1. | The basic direction of harbor redevelopment policies; |
| 2. | The criteria for selecting planned zones for harbor redevelopment projects; |
| 3. | Planned zones for harbor redevelopment projects and the grounds for selecting such zones; |
| 4. | Basic plans for land use; |
| 5. | Methods of inspecting relevant materials. |
| (2) | Upon formulating a master plan, the Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies, as well as the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayors/Do Governors") of the following under Article 6 (1) of the Act: |
| 1. | The heads of relevant central administrative agencies: The master plan and relevant materials; |
| 2. | Mayors/Do Governors: Matters within the competent jurisdiction in the master plan and relevant materials. |
| Article 4 (Modification of minor matters in master plans) |
"Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 7 (3) of the Act means any of the following: | 1. | Reducing the area of a planned zone for a harbor redevelopment project; |
| 2. | Expanding the area of a planned zone for a harbor redevelopment project by up to 10/100 of the original area; |
| 3. | Changing the estimated project cost; |
| 4. | Changing the basic concept related to a land use plan, a traffic plan, or a park and green area plan following the formulation or modification of a harbor redevelopment project plan under Article 9 (1) or (6) of the Act; |
| 5. | Changing the location and structure of infrastructure, such as harbors and roads, due to topographical or geological conditions. |
| Article 5 (Details and methods of basic surveys) |
| (1) | A basic survey under Article 8 (1) of the Act shall include the following details regarding harbors and their environs: <Amended on May 7, 2024> |
| 1. | Natural conditions, including climate, topography, resources, and ecology; |
| 2. | The current status and trends of typhoons, floods, earthquakes, and other disasters; |
| 3. | Urban conditions, including population, transportation, and tourism; |
| 4. | The current status of infrastructure, land use, and relevant factors; |
| 6. | The current status of the distribution of national heritage; |
| 7. | The current status of the distribution of parks and green areas; |
| 8. | The current status of national defense and military installations, such as coastal guard posts; |
| 9. | Other matters that the Minister of Oceans and Fisheries deems necessary for the harmonious maintenance of harbors and their environs. |
| (2) | The Minister of Oceans and Fisheries may utilize the details that have already been surveyed under other statutes or regulations regarding matters subject to a basic survey under paragraph (1). |
CHAPTER III HARBOR REDEVELOPMENT PROJECTS
SECTION 1 Harbor Redevelopment Project Plans and Project Zones
| Article 6 (Call for project proposals) |
| (1) | When intending to call for project proposals under Article 9 (2) of the Act, in relation to the formulation of a harbor redevelopment project plan under paragraph (1) of that Article (hereinafter referred to as "project plan"), the Minister shall publicly announce the following information in the Official Gazette and at least 2 daily newspapers (referring to general daily newspapers registered with nationwide circulation under Article 9 (1) of the Act on the Promotion of Newspapers; hereinafter the same shall apply) and shall post them on the website of the Ministry of Oceans and Fisheries for at least 14 days; in such cases, the application period shall be at least 90 days: |
| 1. | An overview of the harbor redevelopment project; |
| 2. | A plan for evaluating project proposals; |
| 3. | Qualifications and schedule for participation in the call for proposals; |
| 4. | Procedures for designating the developer of a harbor redevelopment project (hereinafter referred to as "project developer"); |
| 5. | Guidelines for preparing project proposals; |
| 6. | Other matters necessary for preparing or submitting project proposals. |
| (2) | The Minister of Oceans and Fisheries may evaluate the project proposals submitted by applicants and make a selection from them. |
| (3) | The Minister of Oceans and Fisheries may designate a selected applicant for a project proposal as a project developer, if the applicant meets the designation requirements under Article 15 (1) of the Act. |
| (4) | Details necessary for the call for proposals under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 7 (Details of project plans) |
"Matters prescribed by Presidential Decree" in Article 9 (3) 16 of the Act means the following: | 1. | A location map at a scale of 1:25,000; |
| 2. | A topographic map at a scale of 1:5,000, indicating the boundaries of the target area of the relevant harbor redevelopment project (hereinafter referred to as "target area") and the grounds for its demarcation; |
| 4. | An economic feasibility analysis report for the relevant harbor redevelopment project; |
| 6. | A composition plan of the project developer; |
| 7. | A phased implementation plan for the relevant harbor redevelopment project. |
| Article 8 (Methods of gathering opinions from residents) |
| (1) | If the Minister of Oceans and Fisheries intends to gather opinions from residents, relevant experts, and other relevant persons under Article 9 (5) of the Act, the Minister shall publicly announce and post the relevant information in at least 2 daily newspapers and on the website of the Ministry of Oceans and Fisheries and shall make it available for public inspection for at least 14 days. |
| (2) | A person who has opinions on the public announcement, posting, and details of inspection under paragraph (1) may submit his or her opinions within the inspection period, and the Minister of Oceans and Fisheries shall notify the person who has submitted the opinions of whether such opinions will be reflected, within 30 days from the expiration of the inspection period. |
| (3) | When the Minister of Oceans and Fisheries intends to hold a public hearing under Article 9 (5) of the Act, the Minister shall publicly announce the following information at least once in a daily newspaper and on the website of the Ministry of Oceans and Fisheries no later than 14 days before the scheduled date of the public hearing: |
| 1. | The objectives of the public hearing; |
| 2. | The date, time, and venue of the public hearing; |
| 3. | An overview of the relevant project plan; |
| 4. | Matters regarding applications for the presentation of opinions; |
| 5. | Other matters necessary for holding the public hearing. |
| Article 9 (Modification of minor matters in project plans) |
"Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 9 (6) of the Act means any of the following: | 1. | Changing the name of the relevant harbor redevelopment project; |
| 2. | Reducing the size of the target area; |
| 3. | Expanding the size of the target area by up to 10/100 of the original area; |
| 4. | Changing the location and structure of infrastructure, such as harbors and roads, due to topographical or geological conditions; |
| 6. | Changing the financing plan, including the total project cost, as a result of any change or modification specified in subparagraphs 1 through 5; |
| 7. | Modifying the total project cost by up to 10/100 of the original cost in the financing plan; |
| 8. | Modifying the project implementation period by up to 1 year. |
| Article 10 (Public notice of project plans) |
If the Minister of Oceans and Fisheries formulates or modifies a project plan under Article 9 (1) or (6) of the Act, the Minister shall publicly notify the following information (including any modifications, if applicable) in the Official Gazette under paragraph (7) of that Article: | 1. | The name and objectives of the harbor redevelopment project; |
| 2. | The location and size of the target area; |
| 3. | The name or corporate name of the project developer (applicable only if a project developer is designated under Article 15 (1) of the Act); |
| 4. | The implementation period for the harbor redevelopment project; |
| 5. | A plan for the reorganization or maintenance of harbor functions; |
| 6. | Methods of inspecting relevant materials. |
| Article 11 (Procedures for proposing and processing project plans) |
| (1) | A person who intends to propose the formulation or modification of a project plan under Article 11 (1) of the Act shall submit a proposal containing the details specified in the subparagraphs of Article 9 (3) of the Act to the Minister of Oceans and Fisheries. |
| (2) | If a proposal submitted under paragraph (1) contains omissions or unclear details, the Minister of Oceans and Fisheries may request the proposer to supplement it within a specified period; and if such proposal is deemed to fall under any of the following categories, the Minister may return the proposal: |
| 1. | If the details of the proposal are not in compliance with statutes or regulations and the objectives of the harbor redevelopment project; |
| 2. | If the Minister of Oceans and Fisheries is formulating a project plan for the relevant area under Article 9 of the Act. |
| (4) | Upon receipt of a request for review under paragraph (3), a research institute shall submit its opinion on the relevant proposal to the Minister of Oceans and Fisheries within 60 days from the date of receipt of the request and may present its opinion different from the relevant proposal with respect to all conditions for implementing the project, such as the appropriate project cost and rate of return; provided, if the research institute requests the supplementation of materials to assess the feasibility of the proposal, the Minister may extend the review period. |
| (5) | The Minister of Oceans and Fisheries shall notify the proposer of the results of processing the relevant proposal, such as whether to implement the project plan proposed under Article 11 (1) of the Act, within 30 days from the date of receipt of the review opinion from the research institute as prescribed in paragraph (4), except in extenuating circumstances. |
| (6) | When the Minister of Oceans and Fisheries notifies the proposer of the decision to implement the relevant project plan under paragraph (5), the Minister shall publicly announce the details of the relevant proposal in the Official Gazette, in at least 2 daily newspapers, and on the website of the Ministry of Oceans and Fisheries so that a third party other than the proposer may make a proposal within a fixed application period of at least 90 days; provided, the Minister need not provide a public announcement in any of the following cases: <Amended on Dec. 21, 2021> |
| 1. | Where the proposer is a local government, which is included as the sole participant in the composition plan of the project developer under subparagraph 6 of Article 7; |
| 2. | Where the proposer is a local government and a person specified in Article 15 (1) 6 of the Act has already been selected or is determined to be selected through competition or by other means in the composition plan of the project developer under subparagraph 6 of Article 7; |
| 3. | Where the proposer is a port authority established under the Port Authority Act, which is included as the sole participant in the composition plan of the project developer under subparagraph 6 of Article 7 and owns at least 50/100 of the land area of the relevant project zone. |
| (7) | If a proposal is submitted under paragraph (1), the Minister of Oceans and Fisheries must not disclose the details of the proposal against the will of the proposer from the date of receipt of the proposal until the date of the public announcement of the proposal details under paragraph (6); and in cases of public announcement under paragraph (6), the Minister must not publicly announce the details that infringe on the original proposer's interests, except for matters necessary for third party proposals. |
| (8) | If the Minister of Oceans and Fisheries makes a public announcement under paragraph (6), the Minister may publicly announce all conditions for implementing the project, such as the appropriate project cost and rate of return, which are different from the relevant proposal details, and the original proposer may revise the details of the original proposal and resubmit it by the deadline specified in the public announcement. |
| (9) | If a third party has submitted a proposal meeting the requirements under paragraph (1) by the deadline specified in the public announcement under the main clause, with the exception of the subparagraphs, of paragraph (6), the Minister of Oceans and Fisheries shall review and evaluate the original proposal (or the modified proposal, if submitted by the original proposer) and any third party's proposal and shall determine the negotiating parties and the order of negotiation priority based on the results of the evaluation of the proposal, unless there is a compelling reason not to do so; in such cases, the Minister may give additional points to the original proposer within the scope classified as follows: |
| 1. | If the original proposer does not submit a modified proposal: 10 percent of the total score; |
| 2. | If the Minister of Oceans and Fisheries makes a public announcement that includes details different from those proposed by the original proposer under paragraph (8) and the original proposer resubmits a modified proposal accordingly: 5 percent of the total score. |
| (10) | If no other proposal is submitted by the deadline specified in the public announcement under paragraph (6), and if no public announcement is made under the proviso, with the exception of the subparagraphs, of that paragraph, the Minister of Oceans and Fisheries may designate any of the following persons as a negotiating party: <Amended on Dec. 21, 2021> |
| 1. | The original proposer; |
| 2. | A project developer specified in the composition plan for the project implementation under subparagraph 6 of Article 7, which is included in the proposal submitted by the original proposer. |
| (11) | If the Minister of Oceans and Fisheries concludes an agreement that includes the conditions of the project implementation, such as the total project cost, and other relevant details, with the negotiating party designated under paragraph (9) or (10), the party shall be deemed to have been designated as the project developer. |
| (12) | Except as provided in paragraphs (1) through (11), details necessary for evaluating proposals and concluding agreements with negotiating parties shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 12 (Consolidation of harbor redevelopment project zones) |
The Minister of Oceans and Fisheries may consolidate 2 or more separate harbor zones and their environs and designate them as a single project zone under Article 12 (3) of the Act, in any of the following cases: <Amended on May 7, 2024; Sep. 10, 2024> | 1. | Where it is necessary to construct an alternative wharf and other relevant facilities according to a plan for the reorganization or maintenance of harbor functions under Article 9 (3) 5 of the Act, as part of the project plan; |
| 2. | Where it is necessary to conduct comprehensive maintenance of harbor-related industrial enterprises and other relevant establishments scattered across the harbor zones and their environs; |
| 3. | Where land use is restricted to manage or protect urban landscapes, national heritage, military installations, airport facilities, or other relevant establishments, in accordance with the relevant statutes or regulations, such as the National Land Planning and Utilization Act, the Protection of Military Bases and Installations Act, the Act on Conservation and Utilization of Cultural Heritage, the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage, the Act on the Preservation and Utilization of Modern and Contemporary Cultural Heritage, the Act on Conservation and Utilization of Natural Heritage, or the Airport Facilities Act; |
| 4. | Where the Minister of Oceans and Fisheries deems it necessary to consolidate the project zones for the efficient implementation of the relevant harbor redevelopment project. |
| Article 13 (Minor modification of project zones) |
"Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 12 (7) of the Act means any of the following: | 1. | Reducing the area of the relevant project zone; |
| 2. | Expanding the area of the relevant project zone by up to 10/100 of the original area; |
| 3. | Changing the location of the relevant project zone due to topographical or geological conditions; |
| 5. | Correcting errors due to recording mistakes in surveys, as well as in drawings and documents. |
| Article 14 (Public notice of revocation of designation of project zones) |
When the Minister of Oceans and Fisheries revokes the designation of a project zone under Article 13 (1) of the Act, the Minister shall publicly notify the following information in the Official Gazette under paragraph (2) of that Article: | 1. | The name of the harbor redevelopment project; |
| 2. | The location and area of the project zone; |
| 3. | The date on which the designation of the project zone is publicly notified and the date on which the revocation of the designation takes effect; |
| 4. | The grounds for revoking the designation of the project zone. |
| Article 15 (Restrictions on acts) |
| (1) | The acts requiring permission under Article 14 (1) of the Act shall be as follows: <Amended on Aug. 26, 2020; Jan. 10, 2023> |
| 1. | Construction of a building and other relevant acts: Construction, substantial repairs, or changes in use of a building defined in Article 2 (1) 2 of the Building Act (including temporary buildings); |
| 3. | Altering of the shape and quality of land: An act of altering the shape of a parcel of land by methods such as cutting, filling, leveling, or paving, as well as land excavation or reclamation of public waters; |
| 4. | Extraction of soil and stone: An act of extracting soil and stone, such as earth, sand, gravel, and rocks; provided, those for the purpose of altering the shape and quality of land shall be governed by subparagraph 3; |
| 7. | Stacking of goods: An act of stacking goods that are not easily movable for a period of at least 1 month; |
| 8. | An act of felling or planting bamboo or other trees. |
| (2) | "Acts prescribed by Presidential Decree, such as altering the shape and quality of land for cultivation" in Article 14 (2) 2 of the Act means the following acts: |
| 1. | Alteration of the shape and quality of land for cultivation; |
| 2. | Excavation of soil and stone within the scope that does not interfere with the harbor redevelopment project and does not damage the landscape; |
| 3. | Temporary planting of ornamental bamboo or trees on land that is not agricultural land. |
| (3) | If a person who has commenced construction works or a project intends to file a report under Article 14 (3) of the Act, the person shall submit a report in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with the progress of the relevant construction works or project and the implementation plan, to the Minister of Oceans and Fisheries or the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) within 30 days from the date the relevant project zone is designated and publicly notified. |
SECTION 2 Developers and Implementation Plans for Harbor Redevelopment Projects
| Article 16 (Designation of project developers) |
| (1) | "Public institutions prescribed by Presidential Decree" in Article 15 (1) 3 of the Act means the following institutions: |
| 1. | The Jeju Free International City Development Center established under Article 166 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (applicable only to a harbor redevelopment project implemented in Jeju Special Self-Governing Province); |
| 2. | The Korea Tourism Organization established under the Korea Tourism Organization Act; |
| (2) | “Private investors meeting the qualifications prescribed by Presidential Decree, such as capital” in Article 15 (1) 5 of the Act means any of the following persons: |
| 3. | A person who owns at least 50/100 of the area of land within the project zone; |
| 5. | A real estate trust company that is trusted with at least 1/3 of the area of land within the project zone; |
| (3) | “Corporation meeting the standards prescribed by Presidential Decree” in Article 15 (1) 6 of the Act means a corporation in which the total capital invested by any person specified in paragraph (1) 1 through 5 of that Article constitutes at least 20/100 of its total capital. |
| Article 17 (Grounds for revocation of designation of project developers) |
"Grounds prescribed by Presidential Decree" in Article 15 (2) 6 of the Act means where a project developer voluntarily files an application for the replacement of the project developer due to business reasons or other factors.
| Article 18 (Public notice of designation of project developers) |
Where the Minister of Oceans and Fisheries has designated a project developer (including where a project developer is deemed to have been designated under Article 11 (11)), has revoked such designation, or has made any other disposition under Article 15 (1) or (2) of the Act, the Minister shall publicly notify the following information in the Official Gazette under Article 15 (4) of the Act: | 1. | The name of the harbor redevelopment project; |
| 2. | The location and area of the project zone; |
| 3. | The name or corporate name of the project developer; |
| 4. | The details and date of the disposition and the grounds therefor. |
| Article 19 (Agency services for harbor redevelopment projects) |
| (1) | A project developer may authorize a prospective occupant or the operator of a facility to be established in the relevant project zone (hereinafter referred to as "prospective occupant") to provide agency services for a site development project for facilities to be occupied or used by the prospective occupant as part of the harbor redevelopment project, under Article 15 (5) of the Act. |
| (2) | If a project developer intends to authorize a prospective occupant to provide agency services for a site development project under paragraph (1), the implementer shall conclude a contract with the prospective occupant. |
| (3) | A project developer shall notify the Minister of Oceans and Fisheries of the conclusion of a contract and the details thereof within 30 days from the date of concluding the contract under paragraph (2). |
| (4) | A project developer shall guide and supervise a site development project agent that has concluded a contract under paragraph (2), to ensure that the agent can faithfully implements the project in accordance with the contract. |
| Article 20 (Approval of implementation plans for harbor redevelopment projects) |
| (1) | If a project developer seeks approval of an implementation plan for a harbor redevelopment project (hereinafter referred to as "implementation plan") under Article 17 (1) of the Act, the developer shall submit an application for approval of the implementation plan in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents and drawings: |
| 1. | A location map at a scale of 1:25,000; |
| 2. | A map prepared according to a cadastral map (referring to a map on which the use of land is recorded); |
| 3. | A floor plan for implementation and detailed drawings and specifications; |
| 4. | Fund plans and documents evidencing such plan (including annual investment plans, financing plans, and annual plans for recovering invested expenses and for other relevant details); |
| 5. | A written plan for the use, profit-making, management, and disposal of land and facilities to be developed; |
| 6. | An environmental impact assessment report under Article 27 of the Environmental Impact Assessment Act, as well as the consultation details notified under Article 29 of that Act and an action plan based on the details (applicable only where the relevant project is included in the scope of projects subject to environmental impact assessment under Article 31 (2) and Appendix 3 of the Enforcement Decree of that Act); |
| 7. | A traffic impact assessment report under Article 16 the Urban Traffic Improvement Promotion Act, as well as the review results of such report under Article 17 of that Act and an implementation plan based on the results (applicable only where the relevant project is included in the scope of projects subject to traffic impact assessment under Article 13-2 (3) and Appendix 1 of the Enforcement Decree of that Act); |
| 8. | Documents necessary for consultation on disaster impact assessments, etc. under Article 4 of the Countermeasures against Natural Disasters Act (applicable only where the relevant project is included in the scope of projects subject to consultation on disaster impact assessments, etc. under Article 6 and Appendix 1 of the Enforcement Decree of that Act); |
| 9. | Documents regarding the establishment, relocation, removal, vesting, alienation, transfer, and other similar actions for public facilities, such as harbor facilities; |
| 10. | A detailed statement of facilities to be retained; |
| 11. | Documents necessary for consultation with the heads of relevant administrative agencies under Article 19 (2) of the Act; |
| 12. | A report on the damage impact survey conducted by a research institute or educational institution specializing in fisheries and designated by the Minister of Oceans and Fisheries. |
| (2) | If deemed necessary, the Minister of Oceans and Fisheries may approve an implementation plan separately by function, facility, or project section, in accordance with a phased implementation plan for the relevant harbor redevelopment project under subparagraph 7 of Article 7. |
| Article 21 (Details of implementation plans) |
"Matters prescribed by Presidential Decree" in Article 17 (2) 9 of the Act means the following: | 1. | A plan for securing necessary land; |
| 2. | A phased implementation plan, in cases of the phased implementation of the relevant harbor redevelopment project. |
| Article 22 (Seeking opinions of Mayors/Do Governors on implementation plans) |
| (1) | When seeking opinions under Article 17 (3) of the Act, the Minister of Oceans and Fisheries shall send copies of the relevant documents to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu. |
| (2) | Upon receipt of copies of the relevant documents under paragraph (1), the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall submit his or her written opinion to the Minister of Oceans and Fisheries within 20 days from the date of receipt. |
| Article 23 (Public notice of implementation plans) |
If the Minister of Oceans and Fisheries approves an implementation plan, the Minister shall publicly notify the following information in the Official Gazette under Article 17 (4) of the Act: | 1. | The name and objectives of the harbor redevelopment project; |
| 2. | The location and area of the project zone; |
| 3. | The name or corporate name of the project developer, as well as the address of the developer; |
| 4. | An overview of the implementation plan; |
| 5. | The implementation period for the harbor redevelopment project; |
| 6. | Methods of inspecting relevant materials. |
| Article 24 (Modification of minor matters in implementation plans) |
| (1) | "Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 17 (6) of the Act means any of the following: |
| 1. | Changing the name of the project developer (in cases of a corporation, the name of the corporation or its representative) or the address of the developer; |
| 2. | Correcting an error in the area of lane subject to implementation, resulting from a survey error and other relevant errors, within the scope where there is no change in the project implementation area; |
| 4. | Modifying any other matters that the Minister of Oceans and Fisheries deems not to affect the basic direction of the implementation plan. |
| (2) | If a project developer modifies a minor matter in an implementation plan under the proviso of Article 17 (6) of the Act, the developer shall notify the Minister of Oceans and Fisheries of the details of such modification without delay. |
| Article 25 (Grounds for revocation of approval of implementation plans) |
"Natural disaster or any other causes prescribed by Presidential Decree" in Article 18 (1) 3 of the Act means any of the following cases: | 1. | Where a natural disaster or any other similar disaster occurs; |
| 2. | Where a project developer files an application for the revocation of approval of an implementation plan due to bankruptcy or other managerial reasons. |
| Article 26 (Public notice of revocation of approval of implementation plans) |
When the Minister of Oceans and Fisheries revokes approval of an implementation plan or makes any other disposition under Article 18 (1) of the Act, the Minister of Oceans and Fisheries shall publicly notify the following information in the Official Gazette under paragraph (3) of that Article: | 1. | The name of the harbor redevelopment project; |
| 2. | The location and area of the project zone; |
| 3. | The name or corporate name of the project developer; |
| 4. | The details and date of the disposition and the grounds therefor. |
| Article 27 (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 20 (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 19 (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. |
| (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. |
SECTION 3 Implementation of Harbor Redevelopment Projects
| Article 28 (Designation of general project managers) |
| (1) | A person who seeks designation as a general project manager under Article 23 (1) of the Act shall submit a proposal for a general project management implementation plan to the Minister of Oceans and Fisheries. |
| (2) | "Matters prescribed by Presidential Decree" in Article 23 (2) 7 the Act means the following: |
| 1. | Support for the formulation of a plan to secure and manage financial resources for the harbor redevelopment project; |
| 2. | Analysis and preparation of materials related to the implementation of the harbor redevelopment project; |
| 3. | Other matters requested by the Minister of Oceans and Fisheries as necessary for the efficient promotion of the harbor redevelopment project. |
| (3) | A person designated as a general project manager under Article 23 (1) of the Act (hereafter in this Article referred to as "general project manager") may request the relevant project developer to submit materials necessary for conducting the business affairs specified in the subparagraphs of Article 23 (2) of the Act. Upon receipt of such request, the project developer shall comply therewith unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the designation of general project managers and the performance of their duties shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 29 (Replotting for land owners) |
| (1) | If a project developer intends to replot land for a person who owns land within a project zone under Article 25 (1) of the Act, the developer shall request that the methods, procedures, and other relevant measures for replotting be determined in accordance with the following standards and incorporated in the project plan: |
| 1. | The value of the previous land subject to replotting shall be the amount presented by the project developer for consultation at the time of public announcement of compensation, and the value of replotting shall be based on the sale price of lots of land developed through the relevant harbor redevelopment project; |
| 2. | The area of replotting shall be based on the previous area of land, but the area shall be increased or decreased in consideration of regional conditions, the supply of and demand for land for the harbor redevelopment project, and other relevant factors; |
| 3. | The difference between the value of the previous land and the replotted value shall be settled in cash. |
| (2) | If a project developer intends to perform replotting within a project zone under Article 25 (1) of the Act, the developer shall publicly announce the following on the relevant website: |
| 1. | The name and areas of the harbor redevelopment project; |
| 2. | A statement indicating that replotting will be performed on the land located within the project zone; |
| 3. | The terms and conditions of replotting; |
| 4. | The period for application for replotting and for consultation. |
| (3) | If a person who owns land within a project zone intends to file an application for replotting under 25 (1) of the Act, the person shall submit an application for replotting to the relevant project developer, along with a land use plan, within the application period for replotting under paragraph (2) 4. |
| (4) | Upon receipt of an application for replotting under paragraph (3), a project developer shall consult with the landowner who submitted the application, during the consultation period under paragraph (2) 4. |
| Article 30 (Entrustment of land purchase) |
| (1) | If a project developer intends to entrust the purchase of land, compensation for losses, relocation measures, and other relevant business affairs to the competent local government or public institution under Article 26 (1) of the Act, the developer shall conclude an agreement on the following: |
| 1. | The location of the entrusted project; |
| 2. | The type, scale, amount, and period of the entrusted project; |
| 3. | Matters regarding the method of paying expenses necessary for the entrusted project and the management of such funds; |
| 4. | Matters regarding the management of real estate, equipment, or workers, if provided by the entrusting party; |
| 5. | Matters regarding risk-bearing; |
| 6. | Other matters necessary to clarify the details of the entrusted project. |
| (2) | Upon concluding an agreement under paragraph (1), the relevant project developer shall publicly announce the conclusion of the agreement and its details, including the name of the institution with which the agreement was concluded, on the relevant website. |
| (3) | "Public institution prescribed by Presidential Decree" in Article 26 (1) of the Act means any of the following institutions: <Amended on Dec. 8, 2020> |
| Article 31 (Advance Payments) |
| (1) | A project developer may receive all or part of the price in advance for land, buildings, structures, etc. developed by a harbor redevelopment project (hereafter in this Article referred to as "developed land, etc.") from a person who intends to be supplied with or to use such developed land, etc. under Article 27 of the Act only after obtaining approval of an implementation plan. |
| (2) | Where a project developer intends to receive all or part of the price in advance under Article 27 of the Act, the developer shall have a prior consultation with a person who intends to be supplied with or to use the relevant developed land, etc. about the price, area, location, condition, methods of use, and other relevant details of the developed land, etc. |
| Article 32 (Procedures for supply and development of raw land) |
| (1) | If a project developer intends to obtain approval, from the Minister of Oceans and Fisheries, of a supply plan for land in an uncreated state to develop part of a project zone in a nature-friendly or three-dimensional manner (hereinafter referred to as "raw land") under Article 28 (1) of the Act, the developer shall submit an application for approval of a supply plan for raw land to the Minister, along with a document that includes the following: |
| 1. | The location and area of the raw land to be supplied, and the objectives of the supply; |
| 2. | Matters regarding a person who is supplied with and develops the raw land (hereafter in this Article referred to as "raw land developer"); |
| 3. | A plan for the development of the raw land, including plans for population accommodation, land utilization, traffic control, environmental conservation, major infrastructure installation, and other uses of the raw land; |
| 4. | Deleted; <Mar. 23, 2021> |
| 5. | The estimated supply price and the major terms and conditions of the contract; |
| 6. | Other matters that the Minister of Oceans and Fisheries deems necessary, considering the nature of the project, and determines in consultation with the project developer. |
| (2) | Upon receipt of an application for approval of a supply plan for raw land under paragraph (1), the Minister of Oceans and Fisheries shall approve such plan only if the plan conforms to the relevant project plan. |
| (3) | “Public Institutions prescribed by Presidential Decree” in Article 28 (1) 5 of the Act means public institutions specified in the subparagraphs of Article 16 (1). |
| (4) | “Period prescribed by Presidential Decree” in the main clause of Article 28 (6) of the Act means the period that ends first among the following periods: |
| 1. | Five years from the date the completion of construction works is publicly announced under Article 36 of the Act; |
| 2. | Ten years from the date of the contract for the supply of raw land. |
| (5) | “For purposes prescribed by Presidential Decree, such as housing for migration or public facilities” in the proviso of Article 28 (6) of the Act means cases where the raw land is intended to be used for any of the following purposes: |
| 1. | Sites for rental housing; |
| 2. | Sites for infrastructure; |
| 3. | Other sites for the installation of facilities that are difficult for the raw land developer to develop or operate directly. |
| (6) | When any ground specified in the subparagraphs of Article 28 (8) of the Act occurs, a project developer may request the raw land developer to take corrective measures at least twice; and if the raw land developer fails to do so, the project developer may cancel the supply contract for raw land. In such cases, the raw land developer may present his or her opinion on the project developer's request for correction. |
| (7) | A raw land developer shall be selected by means of a negotiated contract. |
| (8) | The supply price of raw land shall be determined through consultation between a project developer and a raw land developer, based on the amount calculated by adding the appraised value of the raw land (referring to the amount appraised by an appraisal corporation, etc. defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers) to the construction cost of infrastructure, etc. installed by the project developer in the raw land. |
| (9) | The scope of business affairs of a project developer and a raw land developer shall be determined by a supply contract for raw land, and the project developer shall be responsible for the business affairs under relevant statutes and regulations, such as applications for authorization, permission, etc. for the development of raw land. |
| Article 33 (Subsidization for costs) |
| (1) | The costs or expenses that may be subsidized or loaned under Article 32 (2) of the Act shall be as follows: |
| 1. | Construction costs of arterial roads; |
| 2. | Construction costs of green areas; |
| 3. | Relocation countermeasure expenses; |
| 4. | Expenses incurred in developing and purchasing sites for harbor facilities; |
| 5. | Expenses incurred in installing facilities, among infrastructure, such as roads and telecommunications facilities, which are not appropriate to be borne by project developers; |
| 6. | Expenses incurred in installing facilities outside the project zone, such as arterial roads and wide-area waterworks facilities, which are necessary for promoting the harbor redevelopment project but whose installation costs are unsuitable for the project developer to bear; |
| 7. | Expenses incurred in installing other public facilities particularly necessary for the harbor redevelopment project. |
| (2) | “Infrastructure prescribed by Presidential Decree” in Article 32 (3) of the Act means the following facilities: |
| 2. | Water supply facilities and telecommunications facilities; |
| 3. | Sewerage facilities, public wastewater treatment facilities, and waste treatment facilities; |
| 4. | Common ditches in the project zone; |
| 5. | Integrated energy supply facilities; |
| 6. | Other public facilities prescribed by Decree of the Ministry of Oceans and Fisheries as particularly necessary for the harbor redevelopment project. |
| Article 34 (Criteria for calculation of livelihood support allowances and procedures for payment) |
| (2) | A person who intends to receive livelihood support allowances under Article 33 (1) of the Act shall submit an application for the payment of such allowances to a project developer, along with the following documents: |
| 1. | Documents evidencing the length of service and the remaining period until retirement; |
| 2. | Documents evidencing the closure of a workplace due to the harbor redevelopment project (including partial closure); |
| 3. | Documents on whether the person has withdrawn from a port and transport union; |
| 4. | A certificate of employment (applicable only if currently employed). |
| (3) | If a project developer has completed the review of an application for payment under paragraph (2), the developer shall notify the applicant of whether to provide support, the amount of support (if provided), and other relevant details. |
| (4) | If necessary to review an application for payment under paragraph (2), a project developer may seek the opinions of a port and transport union or a council for livelihood measures under Article 34 (1) of the Act (hereinafter referred to as "council for livelihood measures"). |
| (5) | If a project developer has notified an applicant of the determination to pay livelihood support allowances under paragraph (3), the developer shall pay such allowances within 1 month from the date of notification. |
| (6) | Except as provided in paragraphs (2) through (5), the details necessary for the application, review, notification, and other relevant procedures for the payment of livelihood support allowances, shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 35 (Composition and operation of council for livelihood measures) |
| (1) | "Public works projects of at least the scale prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 34 (1) of the Act means a harbor redevelopment project with a project area of at least 300,000 square meters. |
| (2) | A council for livelihood measures shall consist of up to 11 members, including 1 chairperson. |
| (3) | The following persons shall serve as members of a council for livelihood measures: |
| 1. | One person recommended by a project developer; |
| 2. | One person recommended by a port and transport union; |
| 4. | Persons commissioned by the chairperson of a council for livelihood measures from among attorneys-at-law, certified public labor attorneys, and persons with extensive knowledge of, and experience in, the development, operation, and other relevant fields of harbors. |
| (4) | A majority of the members of a council for livelihood measures shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | The chairperson of a council for livelihood measures may appoint an executive secretary and a clerk from among public officials under his or her jurisdiction for the efficient operation of the council. |
SECTION 4 Confirmation of completion
| Article 36 (Confirmation of completion) |
| (1) | If a project developer intends to apply for confirmation of completion under Article 35 (1) of the Act, the developer shall submit an application for confirmation of completion in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents: |
| 1. | A completion report (including completion drawings and specifications and completion photographs); |
| 3. | An area report and a floor plan by purpose of use of land; |
| 4. | A report on vesting of ownership of public facilities, etc. and a drawing thereof; |
| 5. | An old and new land register comparison diagram and a comparison table of facilities; |
| 6. | The statement of the total project cost. |
| (2) | If the Minister of Oceans and Fisheries deems it necessary for efficient inspections when conducting a completion inspection under Article 35 (2) of the Act, the Minister may request a specialized institution or organization to examine whether a harbor redevelopment project has been implemented in accordance with the details of the approved implementation plan. |
| Article 37 (Report on use before completion) |
If a project developer intends to file a report on use before completion under the proviso of Article 35 (5) of the Act, the developer shall submit a report on use before completion in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents: | 1. | A plan for the use of land or facilities to be used including the current status of the works of such land or facilities; |
| 2. | A written opinion of a project supervisor on the availability, the stability, etc. of the land or facilities to be used; |
| 3. | Drawings and photographs of land or facilities to be used at the completion stage. |
| Article 38 (Matters to be publicly announced on completion of projects) |
| (1) | The public announcement of the completion of a project under Article 36 of the Act shall be made by publishing it in the Official Gazette. |
| (2) | The public announcement under paragraph (1) shall include the following information: |
| 1. | The name of the harbor redevelopment project; |
| 2. | The project developer; |
| 3. | The location of the harbor redevelopment project site; |
| 4. | The area of the harbor redevelopment project site and the area by purpose of use; |
| 6. | Matters regarding disposal of major facilities. |
| Article 39 (Public facilities other than those to be vested) |
| Article 40 (Sale in lots or lease of developed land) |
| (1) | If a project developer intends to sell in lots or lease land developed and acquired through a harbor redevelopment project under Article 38 (1) of the Act (hereafter in this Article referred to as "developed land"), the developer shall prepare a plan for sale in lots or lease, detailing the following and retain it: |
| 1. | The location, area, and use of the developed land to be sold in lots or leased; |
| 2. | Requirements for qualification of persons eligible for sale in lots or lease and methods of selecting such persons; |
| 3. | The timing, methods, and conditions for sale in lots or lease; |
| 4. | The standards for determining price of the developed land; |
| 5. | The methods and details of public announcement related to the sale in lots or lease of the developed land; |
| 6. | Other matters determined by the Minister of Oceans and Fisheries to facilitate the sale in lots or lease of the developed land. |
| (2) | A project developer shall sell in lots or lease developed land in accordance with the objectives of the relevant harbor redevelopment project related to the developed land, the project plan, and the plan for sale in lots and lease under paragraph (1). |
| (3) | If a project developer intends to sell in lots or lease developed land by means of general competitive bidding, the developer shall publicly announce the following information on the relevant website: |
| 1. | The name or corporate name of the project developer, as well as the address of the developer; |
| 2. | The location, area, and use of the developed land (if any prohibition or restriction is imposed on the use thereof, including the details of such prohibition or restriction); |
| 3. | The timing, methods, and conditions for sale in lots or lease; |
| 4. | The sale or lease price; |
| 5. | The period and place for application for sale in lots or lease; |
| 6. | Eligibility for application for sale in lots or lease; |
| 7. | Required documents for application for sale in lots or lease. |
| Article 41 (Reinvestment of development gains) |
The development gains that a project developer shall use for any purpose specified in the subparagraphs of Article 39 (1) of the Act shall be 25/100 of the development gains accrued from the relevant harbor redevelopment project.
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 42 (Composition and operation of consultative council of occupants) |
| (1) | A consultative council of occupants under Article 40 (1) of the Act (hereafter in this Article referred to as "occupants’ consultative council") shall be composed of members, at the time of its formation, representing at least 75 percent of the occupants and prospective occupants of the relevant project zone. |
| (2) | An occupants’ consultative council shall hold a regular general meeting within 2 months from the commencement date of each business year and may hold a special general meeting, if necessary. |
| (3) | Except as otherwise provided in the rules, a majority of the members of an occupants’ consultative council shall constitute a quorum and any resolution thereof shall require the concurring vote of a majority of those present. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of an occupants' consultative council shall be prescribed by the rules of the council. |
| Article 43 (Transfer of rights or obligations) |
“Grounds prescribed by Presidential Decree, such as inheritance” in the proviso of Article 43 (1) of the Act means the following: | 2. | Mergers and acquisitions of corporations; |
| Article 44 (Delegation of authority) |
The Minister of Oceans and Fisheries shall delegate the following authority to the administrators of regional offices of oceans and fisheries under Article 44 of the Act: | 1. | Approval of an implementation plan, approval of modification thereof, seeking of opinions, and public notice under Article 17 (1), (3), (4), and (6) of the Act; |
| 2. | Revocation of approval of an implementation plan; orders for suspension or modification of construction works or for alteration, modification, relocation, removal, or restoration of facilities or objects; or other necessary dispositions and public notice under Article 18 (1) and (3) of the Act; |
| 3. | Consultation with the heads of relevant administrative agencies under Article 19 (2) of the Act; |
| 4. | Holding of meetings of the Integrated Council under Article 20 of the Act; |
| 5. | Access to another person’s land, temporary use of land, and modification or removal of obstacles under Article 21 of the Act; |
| 6. | Compensation for losses incurred by access to land, etc. under Article 22 of the Act; |
| 7. | Appropriation and use of land, etc. under Article 24 of the Act; |
| 8. | Approval of a supply plan for raw land and approval for modification thereof under Article 28 of the Act; |
| 9. | Confirmation of completion; issuance of a certificate of confirmation of completion; orders for necessary measures, such as supplementary works; and acceptance of reports on use before completion under Article 35 of the Act; |
| 10. | Public announcement of completion of construction works under Article 36 of the Act; |
| 11. | Measures to vest public facilities, etc. under Article 37 of the Act; |
| 12. | Measures to stabilize real estate prices under Article 41 of the Act; |
| 13. | Hearings on revocation of approval of implementation plans under subparagraph 2 of Article 42 of the Act; |
| 14. | Authorization for transfer of rights and obligations under Article 43 of the Act (limited to matters for which authority is delegated); |
| 15. | Imposition and collection of administrative fines under Article 49 of the Act. |
| Article 45 (Re-examination of regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the following matters every 3 years from each base date specified in the following (referring to periods that end the day before every third anniversary from the base date) and shall take measures for improvement, etc.:
| 1. | Minor modification of a project zone under Article 13: January 1, 2023; |
| 2. | Deleted; <Mar. 23, 2021> |
| 3. | Deleted; <Mar. 23, 2021> |
| 4. | Procedures for supplying and developing raw land under Article 32: September 25, 2020; |
| 5. | Deleted; <Mar. 23, 2021> |
| 6. | Reinvestment of development gains under Article 41: September 25, 2020. |
CHAPTER V PENALTY PROVISIONS
| Article 46 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 49 (1) of the Act shall be as specified in Appendix 2.
ADDENDA <Presidential Decree No. 30877, Jul. 28, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on July 30, 2020.
Article 2 (General transitional measures regarding dispositions)
Acts conducted by or toward an administrative agency under the previous Enforcement Decree of the Harbor Act as at the time this Decree enters into force shall be deemed acts conducted by or toward an administrative agency under the corresponding provisions of this Decree. Article 3 (Transitional measures regarding composition of occupants' consultative councils)
An occupants' consultative council established in relation to a harbor redevelopment project under Article 72-6 of the previous Enforcement Decree of the Harbor Act as at the time this Decree enters into force shall be deemed an occupants' consultative council established under Article 42. Article 4 (Transitional measures regarding delegation of authority)
Notwithstanding subparagraphs 1, 3, and 4 of Article 44 of this Decree, the Minister of Oceans and Fisheries shall exercise the relevant authority over a harbor redevelopment project for which an application for approval of an implementation plan or approval for modification of an implementation plan is filed under Article 60 of the previous Harbor Act as at the time this Decree enters into force, in accordance with the previous Enforcement Decree of the Harbor Act, until the disposition of approval or approval for modification upon the relevant application is completed. Article 6 (Relationship to other statutes or regulations)
A citation of the previous Enforcement Decree of the Harbor Act or any provision thereof by other statutes or regulations in force as at the time this Decree enters into force shall be deemed a citation of this Decree or the relevant provision hereof, if any, in lieu of the previous provision.
ADDENDA <Presidential Decree No. 30977, Aug. 26, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2020.
ADDENDA <Presidential Decree No. 31243, Dec. 8, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31552, Mar. 23, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32243, Dec. 21, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33225, Jan. 10, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 12, 2023.
ADDENDA <Presidential Decree No. 34487, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
ADDENDA <Presidential Decree No. 34881, Sep. 10, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on September 15, 2024.