PROTECTION OF MILITARY BASES AND INSTALLATIONS ACT
Act No. 8733, Dec. 21, 2007
Amended by Act No. 8976, Mar. 21, 2008
Act No. 9780, jun. 9, 2009
Act No. 12557, May 9, 2014
Act No. 12902, Dec. 30, 2014
Act No. 13504, Sep. 1, 2015
Act No. 13773, Jan. 19, 2016
Act No. 13796, Jan. 19, 2016
Act No. 16030, Dec. 24, 2018
Act No. 16352, Apr. 23, 2019
Act No. 16568, Aug. 27, 2019
Act No. 17164, Mar. 31, 2020
Act No. 19077, Dec. 13, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the national security by providing for matters necessary for the protection of military bases and installations and smooth conduct of military operations.
The terms used in this Act are defined as follows: <Amended on Apr. 23, 2019; Dec. 13, 2022>
| 1. | The term "military base" means army posts, naval bases, air operations bases, air defense bases and military telecommunications bases in which military installations are located and other centers for the conduct of military operations; |
| 2. | The term "military installations" means those prescribed by Presidential Decree, as battle positions, obstacles for military use, explosives-related facilities, shooting ranges, training grounds, military telecommunications equipment, research facilities and test facilities or test sites for military use, and other installations reserved directly for military use; |
| 3. | The term "naval base" means centers for military maritime operations in each of the following items: |
| (a) | Naval port: A center for the main naval force; |
| (b) | Naval operations base: A center for operations of each fleet; |
| 4. | The term "air operations base" means centers for military air operations in each of the following items: |
| (a) | Tactical air operations base: A base capable of operating military tactical aircraft; |
| (b) | Air support operations base: A base capable of operating military support aircraft; |
| (c) | Exclusive helicopter operations base: A base capable of operating military rotorcraft; |
| (d) | Reserve air operations base: Emergency runways, reserved helicopter operations bases and civil airdromes available as an air operations base in wartime, disturbances, or in times of emergency similar thereto; |
| 5. | The term "military aircraft" means airplanes, rotorcraft, airships, gliders and other flying equipment used by military forces; |
| 6. | The term "military base and installation protection zone" means the zones in each of the following items, which are designated by the Minister of National Defense under Articles 4 and 5 for the protection of military bases and installations and smooth conduct of military operations: |
| (a) | Controlled protection zones: Military base and installation protection zones (hereinafter referred to as "protection zones") adjacent to the Military Demarcation Line, in which a high level of security of military operations is required and zones in which the functions of important military bases and installations are required to be preserved; |
| (b) | Restricted protection zones: Protection zones necessary for the smooth conduct of military operations and zones in which the protection of military bases and installations or the safety of residents is required; |
| 7. | The term "Civilian Control Line" means a line that the Minister of National Defense designates under Articles 4 and 5 to control the entry of residents to areas adjacent to the Military Demarcation Line, in which a high level of security of military operations is required, for military operations; |
| 8. | The term "flight safety zone" means a zone that the Minister of National Defense designates under Articles 4 and 6 for the safety of flight during the takeoff and landing of military aircraft; |
| 9. | The term "anti-aircraft defense coordination zone" means a zone that the Minister of National Defense designates under Articles 4 and 7 to secure anti-aircraft defense operations; |
| 10. | The term "landing zone" means the ground surface of Zone Ⅰ in each air operations base provided for in attached Table 1, which consists of a runway and a safety zone set up around the runway to reduce damage to aircraft and passengers in the event that aircraft deviate from the runway; |
| 11. | The term "datum surface" means a rectangular surface (referring to the surface the vertical projection plane of which is identical to the landing zone) centered on a straight line abutting on the top of the centerline of the landing zone, length-wise; |
| 12. | The term "surface altitude" means a height of altitude limit in a flight safety zone, which is computed in accordance with attached Table 1; |
| 13. | The term "highest obstacle" means the highest obstacle in natural conditions, the height of which exceeds the surface altitude in each flight safety zone and which the commander of the jurisdictional unit as referred to in subparagraph 14 determines in each of front, rear, left and right areas, centering on the runway; |
| 14. | The term "commander of the jurisdictional unit" means the commander of a unit prescribed by Presidential Decree, which protects and manages military bases and installations in the area of operational responsibility, or administers matters concerning the safety of flight, anti-aircraft defense, etc.; |
| 15. | The term "commander of the managerial unit" means the commander of a unit, prescribed by Presidential Decree, stationed in the area of operational responsibility of the commander of the jurisdictional unit but under a different channel of command, who protects and manages specific military bases and installations or administers matters concerning the safety of flight, anti-aircraft defense, etc., independently from the jurisdictional unit, over the relevant area. |
CHAPTER II DESIGNATION OF PROTECTION ZONES
| Article 3 (Principle of Designation of Protection Zones) |
Protection zones, Civilian Control Line, flight safety zones, and anti-aircraft defense coordination zones (hereinafter referred to as "protection zone, etc.") shall be designated to cover the minimum area required for the protection of military bases and installations, smooth conduct of military operations and flight safety of military aircraft.
| Article 4 (Persons Authorized to Designate Protection Zones) |
| (1) | The Minister of National Defense may designate protection zones, etc. according to the proposition (accompanied by a statement of opinion of the head of the relevant administrative agency, which is prepared after advance consultation with the head of the relevant administrative agency) of the Chairman of the Joint Chiefs of Staff (hereinafter referred to as the "JCS Chairman"), or modify or cancel such designation. |
| (2) | When the necessity to maintain a protection zone, etc. ceases to exist due to the lifting of the use of military bases, dismantlement of military installations, changes in the environment of operations, etc., the Minister of National Defense shall cancel the designation thereof without delay. |
| (3) | Notwithstanding paragraph (2), in cases of districts returned pursuant to the Special Act on Support for Areas Adjacent to Districts Granted to the United States Armed Forces in Korea (excluding where such districts are located in protection zones falling under subparagraph 1 (a) or 2 (a) of Article 5 (1) 1; and where such districts are planned to be used as national defense or military facilities), when the return of such districts is complete, the designation as protection zones therefore shall be deemed canceled. In such cases, the Minister of National Defense shall make public notice of such fact without delay pursuant to Article 8 (1). <Newly Inserted on Apr. 23, 2019> |
| (4) | When the Minister of National Defense intends to designate a protection zone, etc., or modify or cancel the designation thereof under paragraphs (1) and (2), he or she shall undergo the deliberation of the Deliberation Committee on the Protection of Military Bases and Installations under the Ministry of National Defense under Article 15 (1). <Amended on Apr. 23, 2019> |
| (5) | When the Minister of National Defense designates a protection zone, etc., or modifies or cancels the designation thereof under paragraphs (1) and (2), he or she shall notify the head of the relevant administrative agency of such designation, modification, or cancellation without delay. <Amended on Apr. 23, 2019> |
| Article 5 (Areas to Be Designated as Protection Zones and Civilian Control Lines) |
| (1) | Protection zones shall be designated in the areas mentioned in each of the following subparagraphs: |
| 1. | Controlled protection zones: |
| (a) | Areas north of the Civilian Control Line: Provided, That areas in conformity with the criteria prescribed by Presidential Decree, such as areas required for the promotion of unification policies, settlement areas, or security tourism areas, may be designated as restricted protection zones; |
| (b) | Areas within a 300-meter radius from the outermost line of demarcation of important military bases and installations located in areas other than those under item (a): Provided, That in cases of air defense bases (referring to bases operating ground-to-air weaponry, etc. to conduct anti-aircraft defense operations; hereafter the same shall apply in this Article), areas within a 500-meter radius from the outermost line of demarcation; |
| 2. | Restricted protection zones: |
| (a) | Areas south of the Civilian Control Line within 25 kilometers south of the Military Demarcation Line: Provided, That areas in conformity with the criteria prescribed by Presidential Decree, which have no important military bases or installations or do not interfere with military operations, shall be excluded from the designation of restricted protection zones; |
| (b) | Areas within a 500-meter radius from the outermost line of demarcation of military bases and installations located in areas other than those under item (a): Provided, That in cases of military bases and installations located in settlement areas, areas within a 300-meter radius from the outermost line of demarcation of the relevant military base and installation; |
| (c) | In cases of explosives-related facilities, air defense bases, shooting ranges and training grounds, areas within one kilometer radius from the outermost boundary line of the relevant military base or installation; |
| (d) | In cases of tactical air operations bases, areas within a five-kilometer radius from the outermost boundary line of the relevant military base, and in cases of air support operations bases and exclusive helicopter operations bases, areas within a two-kilometer radius from the outermost line of demarcation of the relevant military base; |
| (e) | In cases of military telecommunications bases, areas within a two-kilometer radius from the center of a place where military telecommunications equipment is installed. |
| (2) | The Civilian Control Line may be designated within 10 kilometers south of the Military Demarcation Line. |
| (3) | With respect to naval bases, notwithstanding paragraph (1), the area of a protection zone in a naval port shall be prescribed by Presidential Decree. A protection zone for the waters in a naval operations base shall be designated within the boundary of a port. |
| (4) | The demarcation of protection zones and Civilian Control Line under paragraphs (1) and (2), procedure for the designation thereof and other necessary matters shall be prescribed by Presidential Decree. |
| Article 6 (Areas to Be Designated as Flight Safety Zones) |
| (1) | Flight safety zones shall be classified by kind of air operations base on condition that the areas for their designation be as mentioned in attached Table 1. |
| (2) | Necessary matters concerning the location of flight safety zones by kind of air operations base under paragraph (1), procedure for designation of flight safety zones, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Scope of Designation of Anti-Aircraft Defense Coordination Zones) |
| (1) | Anti-aircraft defense coordination zones shall be designated on the basis of districts of the Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous City, Special Self-Governing Province, Sis and Guns. <Amended on May 9, 2014> |
| (2) | Matters necessary for the procedures, etc. for designation of anti-aircraft defense coordination zones shall be prescribed by Presidential Decree. |
| Article 8 (Public Notice and Sign of Protection Zones) |
| (1) | The Minister of National Defense shall, when he or she designates, modifies or cancels designation of a protection zone, etc. under the provisions of Articles 4 through 7, make public notice thereof. |
| (2) | The Minister of National Defense shall, when he or she designates a protection zone or Civilian Control Line under Articles 4 and 5, install a sign informing of the fact of designating the protection zone or Civilian Control Line, commander of the jurisdictional unit or commander of the managerial unit thereof (hereinafter referred to as "commander of the jurisdictional unit, etc."), restricted or prohibited matters in the protection zone and the purport of punishing offenders against such restrictions or prohibitions, and other necessary matters: Provided, That in cases of Civilian Control Line, it may be substituted by making public notice under paragraph (1). |
| (3) | Necessary matters concerning making public notice and installing signs under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
CHAPTER III RESTRICTED ACTS
| Article 9 (Prohibitions and Restrictions in Protection Zones) |
| (1) | Any person shall not be allowed to conduct any of the following acts in protection zones: Provided, That in cases falling under subparagraph 1, 3, 7, 8, 11, or 12, the same shall not apply to those who have obtained permission from the commander of the jurisdictional unit, etc. (including the commander of an army post in cases falling under subparagraph 1) in advance: <Amended on Dec. 30, 2014> |
| 1. | Entry into zones or military bases and installations falling under any of the following items: Provided, That areas prescribed by Presidential Decree within the scope not interfering with military operations may be entered without permission: |
| (a) | Controlled protection zones; |
| (b) | Military bases and installations installed with fences or entry control marks; |
| 2. | Construction of buildings in controlled protection zones: Provided, That the same shall not apply to matters prescribed by Presidential Decree within the scope not interfering with military operations; |
| 3. | Capture and collection of aquatic plants and animals in controlled protection zones; |
| 4. | Filming, depicting, recording, and measuring of military bases or installations, or publication and reproduction of documents, books, etc. thereon: Provided, That the same shall not apply where state agencies, local governments, or other public organizations have obtained permission from the commander of the jurisdictional unit, etc. in advance for public projects; |
| 5. | Moving or destructing signs for protection zones, etc. (including specimens, stone landmarks, buoys, entry control marks, or underwater constructions indicating protection zones, etc.); |
| 6. | Interfering with the navigation of naval vessels; |
| 7. | Picking up drifting or sinking objects, or abandoning harmful substances prescribed by Presidential Decree, which are feared to obstruct military operations or navigation; |
| 8. | Landing of aircraft except for military aircraft in air operations bases; |
| 9. | Destructing military installations or military aircraft, or inflicting damage on the function thereof; |
| 10. | Throwing things at military aircraft or conducting acts which are feared to jeopardize the aerial navigation of military aircraft; |
| 11. | Firing various kinds of firearms, detonating explosives, etc. in restricted protection zones under Article 5 (1) 2 (d); |
| 12. | Construction of buildings and installation of structures, underground facilities, etc. (hereinafter referred to as "obstructive facilities, etc.") prescribed by Presidential Decree, which obstruct military communications in restricted protection zones under Article 5 (1) 2 (e). |
| (2) | The Minister of National Defense or the commander of the jurisdictional unit, etc. may restrict the use of obstructive facilities, etc. which obstruct military communications in protection zones. |
| Article 10 (Prohibitions and Restrictions in Flight Safety Zone) |
| (1) | Any person shall not be allowed to conduct any of the following acts in flight safety zones (excluding flight safety zones in civil airdromes from among reserve air operations bases): Provided, That in cases falling under subparagraph 3, the same shall not apply to those who have obtained permission from the commander of the jurisdictional unit, etc. in advance: <Amended on Dec. 30, 2014; Mar. 31, 2020> |
| 1. | Construction, installation, cultivation, or abandonment of buildings, structures, plants, or other obstacles in Zone I, except for military installations (including navigation safety facilities to aid the navigation of civil aircraft): Provided, That any of the following facilities which are constructed within the scope that the highest surface altitude of which does not exceed the altitude of basic surface of Zone I and within the scope that does not disturb or hamper the take-off, landing, and flight of military aircraft (including civil aircraft), shall be excluded after consultation with the commander of the jurisdictional unit: |
| (a) | The roads and their appurtenance in overlapping area, which are the roads referred to in subparagraph 1 of Article 2 of the Road Act, where a road zone referred to in subparagraph 6 of Article 2 of that Act overlaps with some of Zone I due to the horizontal expansion, shifting construction, etc. of the road zone; |
| 2. | Construction, installation, cultivation, or abandonment of buildings, installations, plants or other obstacles in Zones II through VI, which are higher than the surface altitude of the said zones (with respect to parts in which their projection planes coincide with one another, the lowest surface among them); |
| 3. | Flight of aircraft except for military aircraft over flight safety zones; |
| 4. | Installation of similar lights which are feared to interfere with the clear identification of aerial lights or be mistaken as aerial lights; |
| 5. | Emission of smoke or vapor or display of colored glass or other reflecting materials, which are feared to interfere with flight. |
| (2) | Notwithstanding paragraph (1) 2, in Flight Safety Zone III, V or VI of tactical air operations base and Flight Safety Zone IV or V of air support operations base, buildings, structures, plants or other obstacles may be constructed, installed or cultivated at the surface altitude of a specific zone and above, but up to 45 meters from the ground surface of the specific zone within a scope not exceeding the highest ground surface from among the ground surfaces of the highest obstacles of each zone: Provided, That where buildings or structures cannot be constructed or installed up to the height referred to in the main clause because the border area between Zones IV and V of air support operations base takes the form of a continuously rising or falling ridge to make its height a standard for the height of ground surface of the highest obstacle, the highest obstacle located in the area which has the highest ground surface of the highest obstacle shall become a standard. |
| (3) | In applying the provisions of paragraph (2), the surface altitude of border areas between each zone shall be as classified in each of the following subparagraphs: |
| 1. | In the area where Flight Safety Zones II and III of tactical air operations base come into contact with each other, the surface altitude of the area is to be within the scope not exceeding a gradient of 1 in 50 upward toward the outside of Zone III; |
| 2. | In the area where Flight Safety Zones IV and V of tactical air operations base come into contact with each other and in the area where Flight Safety Zones III and IV of air support operations base come into contact with each other, the surface altitude of the areas is to be within the scope not exceeding a gradient of 1 in 7 upward from the respective border areas; |
| 3. | In the area where Flight Safety Zones II and VI of tactical air operations base come into contact with each other and in the area where Flight Safety Zones II and V of air support operations base come into contact with each other, the surface altitude of the areas is to be within the scope not exceeding a gradient of 1 in 7 upward from the longer edge of Zone II. |
| (4) | The commander of the jurisdictional unit, etc. may, notwithstanding paragraph (1) 1, permit the cultivation of plants and installation of temporary facilities related thereto in the flight safety zones of an emergency runway to an extent not impairing the safety of flight. |
| (5) | The commander of the jurisdictional unit, etc. may, notwithstanding paragraph (1) 2, permit the construction, installation or cultivation of buildings, structures, plants or other obstacles at the surface altitude of such zones and above in the flight safety zones of air operations base to an extent not impairing the safety of flight, taking into consideration the regional characteristics of each base. |
| Article 11 (Measures against Obstacles) |
| (1) | The commander of the jurisdictional unit, etc. (including the commanders of army posts in cases falling under Article 9 (1) 1; hereafter the same shall apply in this Article and Article 21) may enforce evacuation on offenders against Articles 9 and 10, the owner of an obstacle related to such offense and other entitled persons (hereinafter referred to as "owner, etc."), or order them to remove obstacles or take other necessary measures. |
| (2) | Where a person who is ordered to remove obstacles or take other necessary measures under paragraph (1) fails to fulfill the order, the commander of the jurisdictional unit, etc. may remove or transfer them personally or have a third person do so under the Administrative Vicarious Execution Act. |
| (3) | The commander of the jurisdictional unit, etc. may, when he or she is unable to ascertain the owner, etc. under paragraph (1) or in cases of a great emergency, such as the existence of an imminent danger, remove or take them away personally without issuing the order under paragraph (1). In such cases, he or she may collect the expenses spent therein from such owner, etc. |
| (4) | With respect to obstacles, such as buildings, structures and plants, other than the obstacles under Article 10 (1) 2, (2) and (5), which threaten to impair the safety of flight of aircraft, the commander of the jurisdictional unit, etc. may order the owner, etc. to install aerial obstruction lights and daytime obstruction beacons, paying him or her the expenses required under conditions prescribed by Presidential Decree. |
| (5) | Where the owner, etc. who has received an order to install aerial obstruction lights and daytime obstruction beacons under paragraph (4) fails to fulfill the order, the commander of the jurisdictional unit, etc. may install them personally. |
| Article 12 (Restrictions on Anchorage and Display of Names of Ships at the Time of Entry into Ports) |
| (1) | Ships shall be anchored in protection zones in a manner that does not interfere with military operations or navigation. |
| (2) | The commander of the jurisdictional unit, etc. may, if necessary for the ships anchored in protection zones, designate or modify the anchorage thereof, or take necessary measures, including enforcement of evacuation. |
| (3) | Ships entering a naval base shall display their names according to the Universal Ship Discernment Signals from three nautical miles off the outskirts of a protection zone to the point of anchorage. |
| Article 13 (Consultation on Dispositions by Administrative Agency) |
| (1) | When the head of the relevant administrative agency intends to give permission or dispositions (hereinafter referred to as "permission, etc.") for any of the following matters in a protection zone, he or she shall consult with the Minister of National Defense or the commander of the jurisdictional unit, etc., according to standards for consultation, such as consultation procedures prescribed by Presidential Decree or review of operability prescribed by the Minister of National Defense. The same shall apply where a state agency or local government intends to conduct any of the following acts: Provided, That the same shall not apply to matters prescribed by Presidential Decree within the scope not interfering with the protection and management of protection zones and military operations: <Amended on Dec. 30, 2014; Jan. 19, 2016; Aug. 27, 2019> |
| 1. | Construction and expansion of buildings or installation of structures and alteration of the purpose of use of buildings; |
| 2. | Installation of roads, railways, bridges, canals, tunnels, waterways, underground facilities, etc. and their annexes and modifications thereof; |
| 3. | Reclamation or dredging of rivers or the sea, and construction of ports or modifications thereof; |
| 4. | Collection of minerals, soil, stone, and sand; |
| 5. | Excavation on the shore; |
| 6. | Afforestation or felling of trees; |
| 7. | Land clearing or modifications of topography; |
| 8. | Laying underground facilities or modifications thereof; |
| 9. | Installation of communication facilities and the use thereof; |
| 10. | Firing of firearms or detonation of explosives; |
| 11. | Conduct of sea transportation; |
| 12. | Establishment of fishery rights or aquaculture business rights and capture or collection of aquatic plants and animals; |
| 13. | Installation of buoys, day beacons and other beacons, and modifications thereof. |
| (2) | When the head of the relevant administrative agency intends to grant permission, etc. for any of the following matters, paragraph (1) shall also apply: |
| 1. | Construction, installation, modification, or cultivation of buildings, structures, lights and plants in flight safety zones, which are feared to contravene Article 10 (1) 2 and 4, and (2); |
| 2. | Construction and installation of buildings and structures at a specific height prescribed by Presidential Decree and above in anti-aircraft defense coordination zones. |
| (3) | A person who intends to obtain permission, etc. (hereafter referred to as “applicant for permission, etc. in this Article) may request counseling prior to applying for permission, etc. to the commander of the jurisdictional unit, etc. regarding whether matters falling under any of the subparagraphs of paragraph (1) or (2) do not interfere with the protection and management of protection zones and military operations, as prescribed by Presidential Decree. In such cases, the commander of the jurisdictional unit, etc. shall inform the applicant of the result of the prior counseling within 10 days from the date he or she received the request for counseling. <Newly Inserted on Sep. 1, 2015> |
| (4) | The Minister of National Defense or the commander of the jurisdictional unit, etc. shall, when he or she receives a request for consultation under paragraph (1) or (2), notify the head of the relevant administrative agency of his or her opinion which is deliberated on by a competent Deliberation Committee on the Protection of Military Bases and Installations under Article 15 within 30 days (20 days in cases of informing the applicant of the result of the prior counseling under paragraph (3)). In such cases, he or she shall clearly state grounds for his or her opinion in detail. <Amended on Sep. 1, 2015> |
| (5) | The Minister of National Defense or the commander of the jurisdictional unit, etc. may extend the deadline for notification under paragraph (4) by up to 10 days, on no more than one occasion. In such cases, he or she shall inform the head of the relevant administrative agency of the cause of such extension, state of proceeding, and extended deadline in advance. <Amended on Sep. 1, 2015> |
| (6) | The Minister of National Defense or the commander of the jurisdictional unit, etc., notifying of his or her opinion pursuant to paragraph (4) may grant consent on condition that the applicant of permission, etc., should implement the relevant matter only where it is necessary for such applicant to remove a military obstacle by implementing matters prescribed by Presidential Decree, including installing replacement facilities. In such cases, none of the following matters shall be requested or restricted on the re-consultation thereof: <Newly Inserted on Dec. 24, 2018> |
| 1. | Matters directly unrelated to the relevant consultation matters including installing a unit welfare facility or providing fixtures therefor; |
| 2. | Unnecessarily excessive resources and equipment to remove military obstacles; |
| 3. | Other matters prescribed by Presidential Decree, as unreasonable or excessive conditions. |
| (7) | Where the head of the relevant administrative agency who is notified of an opinion under paragraphs (4) and (5) has an objection to such opinion, he or she may demand re-consultation from the Minister of National Defense or the commander of the jurisdictional unit, etc. (referring to the immediately higher agency than the original consulting agency, but referring to the Minister of National Defense for matters falling under Article 10 (5); hereafter the same shall apply in paragraphs (8) and (9)) in accordance with the procedures prescribed by Presidential Decree. <Amended on Sep. 1, 2015; Dec. 24, 2018> |
| (8) | An applicant for permission, etc. who has an objection to the result of consultation under paragraphs (4) and (5) may request the head of the relevant administrative agency to re-consult with the Minister of National Defense or the commander of the jurisdictional unit, etc. in accordance with the procedures prescribed by Presidential Decree. In such cases, the head of the relevant administrative agency shall comply therewith unless there is a compelling reason not to do so. <Amended on Sep. 1, 2015; Dec. 24, 2018> |
| (9) | Paragraphs (4) and (5) shall apply mutatis mutandis where the Minister of National Defense or the commander of the jurisdictional unit, etc. is requested to re-consult under paragraphs (7) and (8): Provided, That where the Minister of National Defense re-consults matters falling under Article 10 (5), he or she shall, in lieu of the deliberation of the Deliberation Committee on the Protection of Military Bases and Installations of the Ministry of National Defense under Article 15 (1), undergo the deliberation of the Deliberation Committee on the Protection of Military Bases and Installation of the Joint Chiefs of Staff under paragraph (2) of that Article. <Amended on Sep. 1, 2015; Dec. 24, 2018> |
| (10) | Where the head of the relevant administrative agency has granted permission, etc. for matters falling under paragraph (1) or (2) without undergoing consultation under paragraph (1) or (2) or fulfilling the terms and conditions of consultation, the Minister of National Defense or the commander of the jurisdictional unit, etc. may request the head of the relevant administrative agency to take necessary measures for restoration to original state, such as cancellation of permission, etc., suspension of acts, and dismantlement of facilities, and the head of the administrative agency who has received such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Sep. 1, 2015; Dec. 24, 2018> |
| Article 14 (Entrustment of Duty of Consultation in Protection Zones) |
| (1) | In areas which exert a slight and trivial influence over operations and at the same time, in which regional and social development and the convenience of residents can be promoted, such as protection zones in urban areas and rural industrial complexes, the Minister of National Defense or the commander of the jurisdictional unit, etc. may entrust the duty of consultation in specific protection zones prescribed by Presidential Decree, flight safety zones, or anti-aircraft defense coordination zones under Article 13 to the head of the relevant administrative agency through the deliberation of a competent Deliberation Committee on the Protection of Military Bases and Installations under Article 15: Provided, That when the commander of the jurisdictional unit, etc. intends to entrust the duty of consultation, he or she shall obtain the approval of the JCS Chairman through the deliberation of the Deliberation Committee on the Protection of Military Bases and Installation of the Jurisdictional Unit or Managerial Unit under Article 15 (3). |
| (2) | Necessary matters concerning the scope of duty of consultation to be entrusted under paragraph (1), procedure for entrustment, etc. shall be prescribed by Presidential Decree. |
CHAPTER IV DELIBERATION COMMITTEE AND BASIC PLAN FOR MANAGEMENT
| Article 15 (Deliberation Committee on Protection of Military Bases and Installations) |
| (1) | The Deliberation Committee on the Protection of Military Bases and Installations of the Ministry of National Defense (hereinafter referred to as "Deliberation Committee of the Ministry of National Defense") shall be established under the jurisdiction of the Minister of National Defense to deliberate on matters falling under any of the following subparagraphs: Provided, That the Minister of National Defense may, if deemed necessary, have the Deliberation Committee on the Protection of Military Bases and Installations of the Joint Chiefs of Staff under paragraph (2) deliberate on matters falling under subparagraph 2: |
| 1. | Matters concerning the designation, modification or cancellation of protection zones, etc.; |
| 2. | Matters concerning consultations under the jurisdiction of the Minister of National Defense under Article 13; |
| 3. | Matters concerning the entrustment of consultation duties under the jurisdiction of the Minister of National Defense under Article 14; |
| 4. | Matters concerning the establishment and modification of basic plans for management of protection zones, etc. under Article 16 (1) and (2); |
| 5. | Other important matters concerning the protection of military bases and installations submitted by the Minister of National Defense for deliberation. |
| (2) | The Deliberation Committee on the Protection of Military Bases and Installations of the Joint Chiefs of Staff (hereinafter referred to as "Deliberation Committee of the Joint Chiefs of Staff") shall be established under the jurisdiction of the JCS Chairman to deliberate on matters falling under any of the following subparagraphs: <Amended on Sep. 1, 2015; Dec. 24, 2018> |
| 1. | Matters proposed by the JCS Chairman under Article 4 (1); |
| 2. | Matters to be deliberated under the proviso to Article 13 (9); |
| 3. | Matters concerning the approval of the JCS Chairman under the proviso to Article 14 (1); |
| 4. | Matters submitted by the Minister of National Defense for deliberation under the proviso to paragraph (1); |
| 5. | Other important matters concerning the protection of military bases and installations submitted by the JCS Chairman for deliberation. |
| (3) | The Deliberation Committee on the Protection of Military Bases and Installations of the Jurisdictional Unit or Managerial Unit (hereinafter referred to as "Deliberation Committee of the Jurisdictional Unit") shall be established under the jurisdiction of the commander of the jurisdictional unit, etc. to deliberate on the following matters related to the area of operational responsibility and the area of managerial responsibility: |
| 1. | Matters concerning consultations under the jurisdiction of the commander of the jurisdictional unit, etc. under Article 13; |
| 2. | Matters concerning the entrustment of duty of consultation under the jurisdiction of the commander of the jurisdictional unit, etc. under Article 14; |
| 3. | Matters concerning the establishment of management plans of protection zones, etc. under Article 16 (3); |
| 4. | Other important matters concerning the protection of military bases and installations submitted by the commander of the jurisdictional unit, etc. for deliberation. |
| (4) | The Deliberation Committee of the Ministry of National Defense shall be comprised of not less than 9 but not more than 11 members, including not less than 2 persons recommended by the relevant administrative agency. The Deliberation Committee of the Joint Chiefs of Staff and the Deliberation Committee of the Jurisdictional Unit shall be comprised of not less than 5 but not more than 9 members nominated by the JCS Chairman and the commander of the jurisdictional unit, etc., respectively (including not more than 2 persons recommended by the relevant administrative agency, in cases of deliberating on matters on which the applicant of permission, etc. does not agree with the result of prior counseling under Article 13 (3) and on which the head of the relevant administrative agency demands re-consultation under Article 13 (7)): Provided, That where the Deliberation Committee of the Joint Chiefs of Staff intends to deliberate on matters falling under paragraph (2) 2, civil aviation experts shall participate therein. <Amended on Jan. 19, 2016; Dec. 24, 2018> |
| (5) | Matters necessary for the organization, operation, etc. of the Deliberation Committee of the Ministry of National Defense, Deliberation Committee of the Joint Chiefs of Staff, and Deliberation Committee of the Jurisdictional Unit shall be prescribed by Presidential Decree. |
| Article 16 (Establishment of Basic Plan for Management of Protection Zones) |
| (1) | For the systematic management of protection zones, etc., the Minister of National Defense shall establish a basic plan for management of protection zones, etc. (hereafter referred to as "basic plan" in this Article) every five years, in which basic directions for the protection of military bases and installations and matters concerning the management of protection zones, etc. are contained. |
| (2) | The Minster of National Defense shall, when he or she establishes a basic plan under paragraph (1), determine it after deliberation of the Deliberation Committee of the Ministry of National Defense. The same shall apply to cases of modifying important matters prescribed by Presidential Decree, which are contained in the basic plan, such as matters concerning the designation, modification and cancellation of protection zones, etc. and matters concerning compensation for damages. |
| (3) | The commander of the jurisdictional unit shall establish and promote a management plan for protection zones, etc. under the control of the jurisdictional unit (hereafter referred to as "management plan" in this Article) according to the basic plan established under paragraph (1) every five years. When establishing a management plan, he or she shall submit the plan to the deliberation of the Deliberation Committee of the Jurisdictional Unit. |
| (4) | Necessary matters concerning the establishment, etc. of basic plans and management plans shall be prescribed by Presidential Decree. |
CHAPTER V REQUESTS FOR PURCHASE OF LAND AND CLAIMS FOR COMPENSATION OF LOSSES
| Article 17 (Requests for Purchase of Land) |
| (1) | Any person who falls under any of the following subparagraphs as the owner of land the utility of which has substantially reduced or the use of or profit-making from which has become actually impossible because the designation of protection zones, etc. under the provisions of Articles 4 through 7 made land in such zones unusable for the original purpose (hereafter referred to as "land subject to purchase" in this Article), may request the Minister of National Defense for the purchase of the relevant land: |
| 1. | A person who has continuously owned the relevant land from the time the protection zones, etc. were designated; |
| 2. | A person who has continuously owned the relevant land, acquiring it before its use and profit-making actually became impossible; |
| 3. | A person who has continuously owned the relevant land, succeeding it from a person who falls under subparagraph 1 or 2. |
| (2) | The Minister of National Defense shall, when land for which he or she has received a request for purchase under paragraph (1) meets the criteria under paragraph (3), purchase it within the budget. |
| (3) | The scope of land subject to purchase and detailed criteria for determining land subject to purchase shall be prescribed by Presidential Decree. |
| (4) | The purchase price of land for which a request for purchase has been made under paragraph (1) shall be the value appraised based on the officially announced land price under the Act on the Public Announcement of Real Estate Values, taking into consideration the location, shape, environments, state of use, etc. of the relevant land. <Amended on Jan. 19, 2016> |
| (5) | In cases of purchasing land under paragraphs (1) through (4), the time and method of calculating the purchase price, procedures for making requests for purchase and other necessary matters shall be prescribed by Presidential Decree. |
| Article 18 (Bearing of Expenses) |
| (1) | The Minister of National Defense shall bear the expenses for appraisal, etc. conducted for the calculation of purchase prices under Article 17 (4). |
| (2) | Notwithstanding paragraph (1), the Minister of National Defense may, where the applicant for purchase withdraws his or her request for purchase without good cause, claim the expenses incurred from appraisal to the applicant for purchase in whole or in part: Provided, That the same shall not apply to cases falling under any of the following subparagraphs: <Amended on Dec. 13, 2022> |
| 1. | Cases where a purchase price has fallen by 30 percent or more of the estimated purchase price; |
| 2. | Cases where the grounds of request for purchase have ceased to exist as a result of amendment, repeal, etc. of statutes and regulations. |
| (3) | Where the applicant for purchase failed to pay the expenses to be borne by him or her under the main clause of paragraph (2), with the exception of the subparagraphs, such expenses may be collected according to the precedents of dispositions of national taxes in arrears. |
| Article 19 (Purchase of Land through Consultation) |
| (1) | The Minister of National Defense may, if necessary for the achievement of the objective of designating protection zones, etc., purchase land in such zones and fixtures therein (hereafter referred to as "land, etc." in this Article) through consultation with the owner of land. |
| (2) | In cases of purchasing land, etc. through consultation under paragraph (1), the provisions of Articles 67 (1), 70, 71, 74 through 77 and 78 (5) through (7) of the Act on Aquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the time and method of and criteria for the calculation of prices. |
| Article 20 (Compensation of Losses) |
| (1) | The Minister of National Defense shall make fair compensation of losses falling under any of the following subparagraphs: Provided, That the same shall not apply to cases where a ground attributable to the owner and other entitled persons exists: |
| 1. | A loss resulting from restricting the use of obstructive facilities, etc. under Article 9 (2); |
| 2. | A loss resulting from removing obstacles falling under Article 10 (1) 1 or 2 pursuant to Article 11 (1). |
| (2) | A person who intends to be compensated for any loss under paragraph (1) shall make a claim for it to the Minister of National Defense within one year from the date on which the ground of such claim occurred. |
| (3) | The Minister of National Defense shall, when he or she receives a claim for compensation under paragraph (2), make a determination on whether or not to pay compensation for the loss and notify the applicant thereof within 90 days from the date on which he or she received such claim. |
| (4) | The method and procedure for calculating the amount of compensation under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 21 (Raising Objections) |
| (1) | Any person who has an objection to a disposition under this Act may raise an objection to the Minister of National Defense or to the commander of the jurisdictional unit, etc. under conditions prescribed by Presidential Decree within 60 days from the date on which he or she received such disposition. |
| (2) | The Minister of National Defense or the commander of the jurisdictional unit, etc., who has received an objection under paragraph (1), shall make a decision on the objection within 30 days and notify the applicant thereof without delay. |
| (3) | Any person who has an objection to a disposition under this Act may make an administrative appeal under the Administrative Appeals Act or institute an administrative litigation under the Administrative Litigation Act, regardless of as to whether he or she has raised any objection under paragraph (1). |
| (4) | Necessary matters concerning the procedure for raising an objection, etc. shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 22 (Cooperation in Management of Military Bases and Installations) |
| (1) | The commander of the jurisdictional unit, etc. may, when he or she deems it necessary to protect military bases and installations in which military forces are not stationed permanently, request the chief of the police station having jurisdiction over the location of such military bases and installations for cooperation in matters necessary for the management of such military bases and installations. |
| (2) | The chief of the police station requested to render cooperation under paragraph (1) shall render cooperation necessary for the protection and management of such facilities. |
| Article 23 (Application to Military Bases and Installations of Foreign Military Forces) |
This Act shall also apply to the military bases and installations of foreign military forces stationed in the Republic of Korea in accordance with the procedures provided in the Constitution of the Republic of Korea.
CHAPTER VII PENALTY PROVISIONS
| Article 24 (Penalty Provisions) |
| (1) | Any person who has destroyed military installations or military aircraft or damaged the function thereof in violation of Article 9 (1) 9 shall be punished by imprisonment with labor for a limited term of not less than three years. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won: <Amended on May 9, 2014> |
| 1. | Any person who has conducted acts falling under Article 9 (1) 11 without obtaining permission under the proviso to Article 9 (1); |
| (3) | Any person who has conducted acts falling under Article 9 (1) 3 without obtaining permission under the proviso to Article 9 (1) shall be punished by imprisonment with labor for not more than 3 years or by a fine of not less than 2 million won but not more than 30 million won. <Amended on May 9, 2014> |
| (4) | Any person who has violated Article 9 (1) 4 or 5 shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won. <Amended on May 9, 2014> |
| (5) | Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won: <Amended on May 9, 2014; Sep. 1, 2015> |
| 1. | Any person who has constructed a building in violation of Article 9 (1) 2; |
| 2. | Any person who has failed to comply with an order to remove obstacles or take other measures under Article 11 (1) (limited to cases where such order is issued to those who fall under Article 10 (1) 1 or 2). |
| (6) | Any of the following persons shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won: <Amended on May 9, 2014> |
| 1. | Any person who has conducted acts falling under Article 9 (1) 1, 7, 8 or 12 without obtaining permission under the proviso to Article 9 (1); |
| 2. | Any person who has used obstructive facilities, etc. in violation of Article 9 (2); |
| 3. | Any person who has conducted acts falling under Article 10 (1) 3 without obtaining permission under the proviso to Article 10 (1); |
| 4. | Any person who has failed to comply with an order to remove obstacles or take other measures under Article 11 (1) (limited to cases where such order is issued to those who fall under Article 10 (1) 4); |
| 5. | Any person who has failed to comply with measures taken by the commander of the jurisdictional unit, etc. under Article 12 (2). |
| (7) | The captain of a ship who has violated Article 12 (3) or a person who vicariously executes his or her duties shall be punished by a fine not exceeding one million won. |
| (8) | A person who has attempted any crime under paragraph (1) shall be punished. |
| Article 25 (Confiscation) |
| (1) | Fish, goods, fishing boats or fishing implements owned by any person who has conducted acts falling under subparagraph 3 of that paragraph without obtaining permission under the proviso to Article 9 (1) may be confiscated: Provided, That confiscation of fishing boats shall be limited to cases where their owners were punished on not less than two occasions during the last five years in violation of Article 9 (1) 3. |
| (2) | Where fish, goods, fishing boats or fishing implements under paragraph (1) cannot be confiscated in whole or in part, the value thereof shall be additionally collected. |
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation: Provided, That the provisions of Articles 17 through 19 shall enter into force on January 1, 2009. Article 2 (Repeal of Other Acts)
Article 3 (Applicability to Basic Plans for Management of Protection Zones)
| (1) | The first basic plan for management of protection zones, etc. under Article 16 (1) shall be established by June 30, 2009 after this Act enters into force. |
| (2) | The first management plan of protection zones, etc. under Article 16 (3) shall be established by December 31, 2009 after this Act enters into force. |
Article 4 (Applicability to Period for Claim for Compensation of Losses)
Article 20 (2) (limited to cases falling under paragraph (1) 2 of the same Article) shall begin to apply from the occurrence of the ground for payment of compensation for a loss after this Act enters into force. Article 5 (General Transitional Measures)
| (2) | Dispositions issued, procedures taken and other acts conducted in connection with special protection zones provided for in the Military Telecommunications Act at the time this Act enters into force shall be deemed to have been issued, taken, and conducted under this Act. |
Article 6 (Transitional Measures concerning Protection Zones)
| (1) | Military installation protection zones, Civilian Control Line, naval base zones, base protection zones and special protection zones established or designated under the former Protection of Military Installations Act, Naval Bases Act, Military Air Bases Act, and Military Telecommunications Act at the time this Act enters into force shall be deemed to have been designated and publicly notified as military bases and installations protection zones and Civilian Control Line under this Act, respectively, on condition that the zones and Civilian Control Line exceeding the areas subject to designation under Article 5 be modified to comply with the provisions of this Act before this Act enters into force: Provided, That the deadline for modification of areas related to safety, such as a mine field, may be extended by up to one year through consultation with the competent administrative agency. |
Article 7 (Transitional Measures concerning Requests for Purchase of Land)
Any person who has made a request for the purchase of land under the former provisions at the time this Act enters into force shall comply with the former Military Air Base Act.
Article 8 (Transitional Measures concerning Compensation of Losses)
Any person who has claimed for compensation of a loss under the former provisions at the time this Act enters into force shall comply with the former provisions of the Military Telecommunications Act and the Military Air Base Act. Article 9 (Transitional Measures concerning Penalty Provisions)
Article 10 Omitted.
Article 11 (Relationship to Other Acts)
Where other Acts cite the former Protection of Military Installations Act, Naval Base Act, or Military Air Base Act or the provisions thereof as at the time this Act enters into force, they shall, if this Act has provisions corresponding thereto, be deemed to cite this Act or the corresponding provisions of this Act in lieu of the former provisions.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ...<Omitted.>... the amended provisions of Article 9 (94) of the Addenda shall enter into force on September 22, 2008 ...<Omitted.>.... Articles 2 through 10 Omitted.
ADDENDA <Act No. 9780, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 12557, May 9, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24 (2) through (6) shall enter into force three months after its promulgation.
ADDENDA <Act No. 12902, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 (Applicability to Roads in Road Zones which Overlaps with Flight Safety Zones)
The amended provisions of the proviso to Article 10 (1) 1 shall begin to apply from roads for which a road management authority referred to in subparagraph 5 of Article 2 of the Road Act publicly notifies or announces the modification of road zones as at the time this Act enters into force.
ADDENDUM <Act No. 13504, Sep. 1, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13773, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 16030, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Conditional Consent)
The amended provisions of Article 13 (6) shall begin to apply from the first request for consultation which the Minister of National Defense or the commander of the jurisdictional unit, etc. receives, after this Act enters into force.
ADDENDA <Act No. 16352, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Cancelation of Designation as Protection Zones)
Canceling designation as protection zones pursuant to the amended provisions of Article 4 (3) shall begin to apply from the first district to be returned to the Republic of Korea by the United States, after this Act enters into force.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM <Act No. 17164, Mar. 31, 2020>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 19077, Dec. 13, 2022>
This Act shall enter into force on the date of its promulgation.