SPECIAL ACT ON THE RELOCATION OF MILITARY AIR BASES AND SUPPORT THEREFOR
Act No. 11733, Apr. 5, 2013
Amended by Act No. 12248, Jan. 14, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14419, Dec. 20, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISION
The purpose of this Act is to facilitate the military air base relocation project and contribute to promoting the welfare of the residents who live around the military air base relocation site, by providing support for the military air base relocation project and preparing the supporting system for environs of the military air base relocation site.
The definitions of the terms prescribed in this Act shall be as follows:
| 2. | “Military air base relocation project” (hereinafter referred to as the “relocation project”) means the project by which a military air base that has been installed in the existing place is being relocated; |
| 3. | “Previous site” means the initial site where a military air base has been installed; |
| 4. | “Relocation site” means the site which a military air base has been transferred to and shall be installed in; |
| 5. | “Environs of the relocation site” (hereinafter referred to as the “environs of the relocation site”) means the area which has been determined by the support committee for military air base relocation project pursuant to Article 20 as prescribed by Presidential Decree and has been announced by the Minister of Defense, among Si/Gun/Gu (referring to autonomous Gu. hereinafter the same shall apply) and Si/Gun/Gu of the adjacent noise impact area thereto in which the relocation site is located; |
| 6. | “Local government of previous site“ means a Si/Gun/Gu or Special Metropolitan City, Metropolitan City, or Do having jurisdiction over the previous site; |
| 7. | “Local government of environs of the relocation site” means a Si/Gun/Gu which has been notified to the public pursuant to Subparagraph 5; |
| 8. | “Support project for the environs of the relocation site” (hereinafter referred to as the “support project”) means the project which has been performed for the purpose of supporting the environs of the relocation site. |
| Article 3 (Relation with Other Acts) |
This Act shall apply in preference to other Acts for the relocation project and the support project.
CHAPTER II SELECTION OF RELOCATION SITE
| Article 4 (Selection of Preliminary Relocation Candidate Site) |
| (1) | The head of local government of the previous site may, in a case that a military air base is relocated, suggest its relocation to the Minister of Defense as prescribed by Presidential Decree. |
| (2) | The Minister of Defense who has been suggested pursuant to paragraph (1) may, if he/she intends to relocate a military air base, select an area which satisfies requirements determined by Presidential Decree as the preliminary relocation candidate site for a military air base (hereinafter referred to as the “preliminary relocation candidate site”) in consideration of the military operation, suitability as a military air base site, etc. |
| (3) | The Minister of Defense shall, in a case of selecting a preliminary relocation candidate site pursuant to paragraph (2), consult with the head of the relevant local government and notify of the result of selection. |
| Article 5 (Selection of Relocation Candidate Site) |
The Minister of Defense shall pass the deliberation by the selection committee for a military air base relocation site pursuant to Article 6 in choosing a military air base relocation candidate site among preliminary relocation candidate site.
| Article 6 (Selection Committee for Military Air Base Relocation Site) |
| (1) | In order to deliberate on the relocation candidate site and selection of a military air base relocation site, the support measures for the environs of the relocation site, etc., the selection committee for a military air base relocation site (hereinafter referred to as the “Selection Committee”) shall be placed in the Ministry of Defense. |
| (2) | The chairperson shall be the Minister of Defense, ex officio members shall be those of the following Subparagarphs, and commissioned members shall be those who have been commissioned by the Minister of Defense in recognition of being necessary for selecting the relocation site: |
| 1. | The Vice Minister of Strategy and Finance and the Vice Minister of Land, Infrastructure and Transport; |
| 2. | The head of the local government of the previous site; |
| 3. | The head of the local government of the environs of the relocation site including the preliminary relocation candidate site; |
| 4. | The Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor having jurisdiction over the previous site and the environs of relocation site. |
| (3) | The Selection Committee shall deliberate on the following matters: |
| 1. | Selection of a relocation candidate site and the relocation site; |
| 2. | Support measures for the environs of the relocation site through the utilization plan of the previous site and the sale of the previous site; |
| 3. | Selection procedures and criteria for the relocation candidate site and the military air base relocation site after the selection of the preliminary relocation candidate site; |
| 4. | Other matters deemed necessary for the military air base relocation. |
| (4) | The Selection Committee establishes the working committee for selection of military air base relocation site (hereinafter referred to as “Working Committee for Selection”) for effective operation of the Selection Committee. <Newly Inserted by Act No. 14419, Dec. 20, 2016> |
| (5) | Other matters necessary for the composition and operation of the Selection Committee and Working Committee for Selection shall be prescribed by Presidential Decree. <Amended by Act No. 14419, Dec. 20, 2016> |
| Article 7 (Establishment and Public Announcement of Selection Plan for Relocation Site) |
| (1) | The Minister of Defense shall establish and publicly announce the selection plan for the relocation site in order to select the relocation site among the relocation candidate sites. |
| (2) | The selection plan for relocation site shall include the following matters: |
| 1. | Relocation candidate sites; |
| 2. | Support measures for the environs of the relocation site and the selection procedure and criteria for the relocation site under Article 6 (3) 2 and 3; |
| 3. | Support plan for the environs of the relocation site under Article 11. |
| Article 8 (Selection of Relocation Site) |
| (1) | The Minister of Defense may ask the head of the local government of the relocation site which has been publicly announced with the selection plan for the relocation under Article 7 to hold a resident referendum in accordance with Article 8 of the Residents’ Voting Act. |
| (2) | The head of the local government pursuant to paragraph (1) shall request the Minister of Defense to induce military air base relocation by faithfully reflecting the result of the resident referendum. |
| (3) | The Minister of Defense shall select the relocation site after deliberation by the Selection Committee among local governments which have applied for its inducement pursuant to paragraph (2). |
| (4) | The Minister of Defense shall pursue the process of selection of the relocation site fairly and transparently. |
CHAPTER III METHOD AND SUPPORT FOR RELOCATION PROJECT
| Article 9 (Method, etc. of Relocation Project) |
| (2) | A project operator may run a support project within the scope of the amount which subcontracts the price of a military air base being newly established from the price of property for the abolished purpose of use, notwithstanding the State Property Act. In such cases, facilities to be established by the support project are deemed included in the substitute facility pursuant to paragraph (1). |
| (3) | The Minister of Defense may, if necessary to facilitate the relocation of facilities of a military air base, concede established facilities for the support project to the local government of the environs of the relocation site, notwithstanding the State Property Act. In such cases, the Minister of Defense shall consult with the Minister of Strategy and Finance in advance. |
| (4) | The Minister of Defense shall, where the military air base relocation proceeded in a way of donation and concession pursuant to paragraph (1), report the following details to the National Assembly: |
| 1. | Project plan for the relocation project and support project; |
| 2. | Establishment plan for military air base facilities of the relocation site. |
| Article 10 (Exemption of Charge) |
CHAPTER IV SUPPORT PROJECT FOR ENVIRONS OF RELOCATION SITE
| Article 11 (Establishment of Support Plan for Environs of the Relocation Site) |
| (1) | The Minister of Defense and the head of the local government of the previous site shall establish the support plan for the environs of the relocation site (hereinafter referred to as the “support plan”) in order to support the environs of the relocation site effectively and systematically. In such cases, the Minister shall consult with the head of the central administrative agency related to the relevant support plan and the head of the local government in advance. |
| (2) | Where formulating the support plan, it shall actively reflect opinions of the residents of the environs of the relocation site through opening, etc. of public hearing. |
| (3) | The support plan shall be determined through the deliberation by the Selection Committee for the military air base relocation project under Article 20. |
| (4) | Matters necessary for the procedures and requirements for establishment and contents of the support plan shall be prescribed by Presidential Decree. |
| Article 12 (Establishment of Annual Support Implementation Plan) |
| (1) | The head of the central administrative agency concerned shall establish and execute the annual support implementation plan (hereinafter referred to as the “implementation plan”) by its jurisdiction in order to implement the support plan. |
| (2) | The head of the central administrative agency concerned shall submit the performance result of last year’s implementation plan and next year’s implementation plan to the Selection Committee for military air base relocation project under Article 20. |
| (3) | Matters necessary for the procedures and requirements for the establishment and contents of the implementation plan shall be prescribed by Presidential Decree. |
| Article 13 (Approval, etc. of Implementation for Support Project) |
| (1) | A project operator shall, in a case of implementing the support plan, obtain the approval from the head of the central administrative agency concerned. |
| (2) | A person who has obtained approval pursuant to paragraph (1) shall, where modifying an important matter prescribed by Presidential Decree among matters having been approved, obtain approval for modification. |
| (3) | A person who intends to obtain approval of implementation (including approval of modification; hereinafter the same shall apply) for the support project pursuant to paragraph (1) and (2) shall submit the project plan and investment plan to the head of the central administrative agency concerned in advance as prescribed by Presidential Decree. |
| (4) | The head of the central administrative agency concerned shall determine whether to approve its implementation by reviewing whether contents of the plan submitted pursuant to paragraph (3) is appropriate for the standard prescribed by Presidential Decree. In such cases, the head of the central administrative agency concerned may hear the opinion of the head of the local government in its jurisdiction. |
| (5) | The head of the central administrative agency concerned shall, where approving the implementation of the support project pursuant to paragraph (4), notify to the public thereof as prescribed by Presidential Decree. |
| (6) | The head of the central administrative agency concerned may, where a person who has obtained an approval of implementation pursuant to paragraph (4) falls under any of the following subparagraphs, revoke the approval for its implementation. Provided, That cases under subparagraph 2 shall revoke its approval: |
| 1. | Where a project operator of the support project fails to start the project within two years from the date when he/she has obtained approval for its implementation; |
| 2. | Where an approval of implementation has been obtained by fraud or other improper means; |
| 3. | Where it is recognized that the continuous implementation of the support project is impossible due to the change in a circumstance or a risk of significantly harming the public interest. |
| (7) | The head of the central administrative agency concerned shall, in a case of revoking the approval pursuant to paragraph (6), conduct a hearing. |
| Article 14 (Legal Fiction of Authorization, Permission, etc.) |
| (1) | Where a person who implements the support project has obtained an approval of implementation of the support project pursuant to Article 13, he/she is deemed to have obtained the permission, authorization, approval, consultation, etc. of the following: <Amended by Act No. 12248, Jan. 14, 2014; Act No. 14480, Dec. 27, 2016> |
| (2) | If the head of the central administrative agency concerned approves the implementation of the support project under Article 13, where matters falling under any of subparagraphs of the forgoing paragraph (1) are included in the project plan, he/she shall consult with the head of the relevant administrative agency in advance. In such cases, the head of the relevant administrative agency having been requested to consult shall notify his/her opinion thereof within 30 days from the date having been requested. |
| Article 15 (Land Expropriation) |
| Article 16 (Reduction of Charges) |
CHAPTER V SPECIAL CASES OF SUPPORT CONCERNING ENVIRONS OF RELOCATION SITE
| Article 17 (Ratio of Subsidy from National Treasury for Environs of Relocation Site) |
The State may support the project prescribed by Presidential Decree as a project for developing the environs of the relocation site by increasing the subsidy from the National Treasury in accordance with the ratio prescribed by Presidential Decree, notwithstanding the differential subsidy ratio under Article 10 of the Subsidy Management Act.
| Article 18 (Special Cases of Contract Method) |
| (1) | The head of the central administrative agency concerned may give preference to a person who participates in a bid jointly with a person who has a main business office in the environs of the relocation site as prescribed by Presidential decree, where the amount of construction is less than five billion won among the support project pursuant to Article 4. |
| (2) | The head of the central administrative agency concerned may give preference to a person who participates in a bid jointly with a person who has a main business office in the environs of the relocation site as prescribed by Presidential decree, where the amount of construction is less than five billion won among projects in which the subsidy from the National Treasury supported for the development of the environs of is deemed as financial resources. |
| Article 19 (Preferential Employment and Participation of Local Residents) |
For implementing a project and the support project in which the subsidy from the National Treasury provided for the development of the environs is deemed as financial resources, a project operator may preferentially hire migrants according to the relocation project and residents of the environs of the relocation, or have them participate therein.
CHAPTER VI SUPPORT COMMITTEE, ETC. FOR MILITARY AIR BASE RELOCATION PROJECT
| Article 20 (Support Committee for Military Air Base Relocation Project) |
| (1) | For deliberating important matters concerning the support for the environs of the relocation site, the support committee for the military air base relocation project (hereinafter referred to as the “Support Committee”) shall be placed under the Prime Minister. |
| (2) | The Support Committee is comprised of less than 30 members including one chairperson, who are ex officio members and commissioned members. |
| (3) | The chairperson shall be the head of the Office for Government Coordination, ex officio members shall be those of the following subparagraphs, and commissioned members shall be those who are commissioned by the Prime Minister among people having erudition and abundant experience in regard to the support project related to the relocation of military facilities: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14480, Dec. 27, 2016> |
| 1. | The Vice Minister of Strategy and Finance, the Vice Minister of Defense, the Vice Minister of Interior and Safety, the Vice Minister of Land, Infrastructure and Transport, and Vice Ministers of the central administrative agencies prescribed by Presidential Decree; |
| 2. | The Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor having jurisdiction over the environs of the relocation site; |
| 3. | The head of a Si/Gun/Gu (referred to as the head of autonomous Gu) having jurisdiction over the environs of the relocation site. |
| (4) | The term of office of commissioned members shall be two years, which may be extended: Provided, That due to his/her resignation, etc. of a member, the term of office of a newly commissioned member shall be the remaining period of the former member. |
| (5) | The Support Committee shall have one executive secretary, who shall be the Vice Minister of Defense. |
| (6) | The Support Committee establishes a support working committee for the military air base relocation project (hereinafter referred to as “Working Committee for Support”) for efficient operation of the Support Committee. <Amended by Act No. 14419, Dec. 20, 2016> |
| (7) | Other matters necessary for the composition and operation of the Support Committee and Working Committee for Support shall be prescribed by Presidential Decree. <Amended by Act No. 14419, Dec. 20, 2016> |
| Article 21 (Designation and Development of Foreign Investment Zone) |
| (1) | The Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor may designate areas desired by investors as the foreign investment zone, if necessary, in order to attract the investment falling under the criteria prescribed by Presidential Decree into the environs of the relocation site and previous site through deliberation by the foreign investment deliberation committee under Article 27 of the Foreign Investment Promotion Act. |
| (2) | Matters necessary for the designation, development, management and revocation of a foreign investment zone pursuant to paragraph (1) shall be applied to the relevant provisions of the Foreign Investment Promotion Act. |
| (3) | Articles 9, 13, 14, 14-2, 14-3 and 17 shall apply mutis mutandis to the support for the foreign investment of the foreign investment zone. |
| Article 22 (Military Air Base Relocation Bureau) |
| (1) | For pursuing the project for the relocation and support project effectively, the Military Air Base Relocation Bureau for the relocation of a military air base (hereinafter referred to as the “Relocation Bureau”) shall be placed under the Minister of Defense. |
| (2) | The Relocation Bureau shall have one head, one vice head, other necessary public officials and military personnel. |
| (3) | The head of the Relocation Bureau pursuant to paragraph (2) shall perform matters of the following subparagraphs upon receipt of the direction and supervision of the Minister of Defense: |
| 1. | Matters concerning establishment of the implementation plan of the relocation project; |
| 2. | Matters concerning the implementation, management and supervision of the relocation project; |
| 3. | Matters concerning establishment of the support plan; |
| 4. | Matters concerning the implementation, management and supervision of the support project having jurisdiction over the Ministry of Defense; |
| 5. | Other matters prescribed by Presidential Decree for the pursuit of the relocation project. |
| (4) | Other matters necessary for the composition and operation of the Relocation Bureau shall be prescribed by Presidential Decree. |
CHAPTER VII ARRANGEMENT OF PREVIOUS SITE
| Article 23 (Prior Consultation for Arrangement of Previous Site) |
When the head of the central administrative agency concerned, the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor intends to establish the development project, determine the plan for the urban and military management pursuant to Article 30 of the National Land Planning and Utilization Act, or determine the installation for the urban and military planning facilities pursuant to Article 43 of the same Act, he/she shall consult with the Minister of Defense in advance.
| Article 24 (Obligation to Improve Value of Previous Site) |
The head of the local government for the previous site shall endeavor for the previous site to be efficiently utilized and improve the value of the site to the highest level.
CHAPTER VIII SUPPLEMENTARY PROVISION
| Article 25 (Legal Fiction as Public Official in Application of Penalty Provisions) |
Members of the Selection Committee, Working Committee for Selection, Support Committee and Working Committee for Support who are not public officials shall be deemed as public officials in the application of Article 127 and 129 through 132 of the Criminal Act. [This Article Newly Inserted by Act No. 14419, Dec. 20, 2016]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 6 of Addenda, the amended parts of the Acts which have been promulgated before this Act enters into force, but of which enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant Acts.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14419, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of Addenda, the Acts which have been promulgated before this Act enters intor force, but of which the enforcement date have yet to arrive shall enter into force on their respective enforcement dates of the relevant Acts. |
Articles 2 through 6 Omitted.