| Article 2 (Designation and Public Notice of Areas Requiring Measures against Noise) |
| (2) | Where the Minister of National Defense intends to designate an area requiring measures against noise by zone or to modify the designation thereof in accordance with the standards specified in the attached Table, he or she shall publicly notify the following matters: |
| 1. | The location and surface area of each zone; |
| 2. | A topographic map showing cadastre of each zone. |
| (3) | Where the Minister of National Defense designates and publicly notifies an area requiring measures against noise under paragraph (2), he or she shall send a drawing, etc. of the relevant area to a Special Self-Governing City Mayor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") having jurisdiction over the relevant zone and have him or her provide it to the general public for viewing for at least one month. |
| Article 3 (Methods of Investigation of Noise Levels) |
| (1) | An investigation of noise levels under Article 5 (2) of the Act (hereinafter referred to as "investigation of noise levels") shall be conducted in consideration of the intensity of noise, time period of noise occurrence, etc. of military airfields and military firing ranges. |
| (2) | The Minister of National Defense may request the chief of staff of each service branch (in cases of the Marine Corps, referring to the commander of the Marine Corps; hereinafter referred to as "chief of staff of each service branch") having jurisdiction over the relevant area to provide data necessary for an investigation of noise levels. |
| (3) | Where the Minister of National Defense conducts an investigation of noise levels, he or she may hear the opinions of the resident representatives in the relevant area and the head of a Si/Gun/Gu on the details of the investigation, the measuring points of noise, the results of noise measurement, etc. |
| (4) | The Minister of National Defense may involve up to two outside experts recommended by the relevant head of a Si/Gun/Gu in an investigation, in order to review whether the investigation of noise levels is properly conducted. |
| (5) | Where the Minister of National Defense requests recommendation for the involvement of outside experts in the investigation under paragraph (4), the head of a Si/Gun/Gu shall recommend outside experts within 30 days from the date of such request. |
| (6) | An investigation of noise levels shall be conducted every five years. |
| (7) | Except as provided in paragraphs (2) through (6), matters necessary for the methods, etc. of investigations of noise levels shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 4 (Military Firing Ranges Exempted from Investigations of Noise Levels) |
| (1) | Notwithstanding Article 3 (1), where a military firing range for firearms (referring to a military firing range equipped with firearms with a bore diameter of less than 20 mm; hereinafter the same shall apply) falls under any of the following cases, the Minister of National Defense may exclude the relevant military firing range from an investigation of noise levels: |
| 1. | Where a soundproof facility is installed or a shooting chamber is indoors; |
| 2. | Where it is located within a military garrison or general outpost (GOP: forward-deployed unit); |
| 3. | Where it is located in a military airfield; |
| 4. | Where it is deemed that an investigation of noise levels is ineffective, such as being located in an area north of the Civilian Control Line. |
| (2) | Where the Minister of National Defense intends to exclude a firearm military firing range from an investigation of noise levels as it is deemed to fall under any subparagraph of paragraph (1), he or she shall, in advance, hear the opinions of the resident representatives of the relevant area and the head of a Si/Gun/Gu and undergo deliberation by the Central Deliberation Committee on Noise Measures established under Article 20 of the Act (hereinafter referred to as the “Central Deliberation Committee”). |
| Article 5 (Establishment and Implementation of Master Plans to Prevent Noise and Compensate for Noise-Induced Damage for Areas Requiring Measures against Noise) |
| (1) | The Minister of National Defense may request the chief of staff of each service branch to provide data necessary for establishing a master plan to prevent noise and compensate for noise-induced damage under Article 7 (1) of the Act (hereinafter referred to as “master plan”). |
| (2) | The chief of staff of each service branch shall establish an annual implementation plan to implement various plans to mitigate noise included in the master plan and submit it to the Minister of National Defense by January 31 of each year. |
| (3) | The chief of staff of each service branch shall report the records of the performance of an annual implementation plan under paragraph (2) to the Minister of National Defense by January 31 of the following year. |
| Article 6 (Procedures and Methods for Gathering Opinions in Establishing Master Plans) |
| (1) | Where the Minister of National Defense gathers opinions of residents in areas requiring measures against noise, experts, and other relevant persons pursuant to Article 7 (3) of the Act, he or she shall publicly announce a draft of the relevant master plan in the Official Gazette and post it on the website of the Ministry. In such cases, he or she shall publicly announce and post it to make it available for viewing by residents in areas requiring measures against noise, experts, and other relevant persons for at least 14 days. |
| (2) | Residents in areas requiring measures against noise, experts, and other relevant persons may submit their opinions on a draft of the relevant master plan from the date the draft of the master plan is publicly announced in the Official Gazette until the date the public announcement is ended. |
| Article 7 (Installation of Automatic Noise Measuring Networks) |
| (1) | The Minister of National Defense may request the chief of staff of each service branch to provide necessary data, such as the characteristics, topography, and environment of military airfields and military firing ranges for the installation of automatic noise measuring networks under the main clause of Article 8 (1) of the Act. |
| (2) | Necessary matters regarding the standards, methods, etc. for the installation of automatic noise measuring networks shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 8 (Establishment of Plans to Install Automatic Noise Measuring Networks) |
The Minister of National Defense may request the chief of staff of each service branch to provide data necessary for the establishment of a plan to install automatic noise measuring networks under Article 9 (1) of the Act.
| Article 9 (Methods and Procedures for Calculating Compensation for Loss) |
| (1) | A person who intends to receive compensation for loss under Article 10 (2) of the Act (excluding the State and local governments) shall submit an application for compensation for loss prescribed by Ordinance of the Ministry of National Defense to the Minister of National Defense, along with the following documents: |
| 1. | A statement of assessed loss; |
| 2. | Data proving loss of property. |
| (2) | Upon receipt of an application under paragraph (1), the Minister of National Defense shall consult with the applicant on the amount of compensation and may request the chief of staff of each service branch or the Commander of the Defense Installations Agency under Article 3 of the Decree on the Defense Installations Agency to provide data necessary for consultation. |
| (3) | The Minister of National Defense may hear the opinions of appraisers, expert witnesses, or interested parties, when necessary to determine the amount of compensation. |
| Article 10 (Payment of Costs for Restoration) |
| (1) | The Minister of National Defense shall consult with the owner or occupant of the relevant land, etc. before the restoration of the land, etc. to the original state, in order to pay costs necessary for restoration pursuant to Article 10 (3) of the Act. |
| (2) | The owner or occupant of the land, etc., who is to be paid the costs for restoration according to the results of consultation under paragraph (1), may claim the costs from the Minister of National Defense by attaching the data, etc. proving the associated costs. In such cases, Article 9 shall apply to the procedures for claiming the costs for restoration. |
| Article 11 (Persons Eligible for Compensation for Noise-Induced Damage and Standards for Calculation Thereof) |
| (1) | A resident entitled to compensation for noise-induced damage (hereinafter referred to as “compensation”) pursuant to Article 14 of the Act shall be a person who has actually resided in an area requiring measures against noise in which he or she has the registered domicile during the period from January 1 to December 31 of the year preceding the year in which the compensation is to be paid. |
| (2) | The standard amount of compensation to be paid by zone in an area requiring measures against noise shall be as follows: |
| 1. | Class 1 zone: 60,000 won per month; |
| 2. | Class 2 zone: 45,000 won per month; |
| 3. | Class 3 zone: 30,000 won per month. |
| (3) | Notwithstanding paragraph (2), in cases of an area requiring measures against noise due to the operation of military firing ranges, the standard amount of compensation for the relevant month shall be calculated according to the following classifications, in consideration of the actual number of days of firing per month: |
| 1. | Where there exists no firing: No compensation; |
| 2. | Where the number of days of firing is at least one but less than eight: Payment of 1/3 of the compensation under paragraph (2); |
| 3. | Where the number of days of firing is at least eight but less than 15: Payment of 2/3 of compensation under paragraph (2); |
| 4. | Where the number of days of firing is at least 15: Payment of the full amount of compensation under paragraph (2). |
| (4) | The standard amount of compensation under paragraphs (2) and (3) shall be deducted or reduced from compensation to be paid by applying the following matters, pursuant to Article 14 (1) of the Act: |
| 1. | The timing for moving into an area requiring measures against noise: |
| (a) | Where a resident moved into the area between January 1, 1989 and December 31, 2010 (excluding cases where a person had moved into an area other than an area requiring measures against noise after residing in an area requiring measures against noise before January 1, 1989 and re-moved into the former place of residence within one year): Reduction by 30 percent; |
| (b) | Where a resident moved into the area on or after January 1, 2011 (where a person had moved into an area other than an area requiring measures against noise after residing in an area requiring measures against noise from January 1, 2010 to December 31, 2010 and re-moved into the former place of residence within one year, he or she shall be deemed a person falling under item (a)): Reduction by 50 percent; |
| (c) | Notwithstanding items (a) and (b), where a resident moved into an area requiring measures against noise before military airfields or military firing ranges were installed, was a minor as at the time of moving into an area requiring measures against noise (referring to a person less than 20 years of age, if the date of moving into is earlier than July 1, 2013), or moved into an area requiring measures against noise, after marriage, in which his or her spouse has already lived, no reduction shall be made; |
| 2. | The location of a workplace or a place of business (limited to cases where a business registration has been made; hereinafter the same shall apply) of a resident entitled to compensation: |
| (a) | Where the work place or the place of business is located outside of the relevant area requiring measures against noise and the shortest distance from the main gate of a military airfield or military firing range is within 100 kilometers: Reduction by 30 percent; |
| (b) | Where the work place or the place of business is located outside of the relevant area requiring measures against noise and the shortest distance from the main gate of a military airfield or military firing range exceeds 100 kilometers: Reduction by 100 percent. |
| (5) | The compensation calculated pursuant to paragraphs (2) through (4) shall be paid in proportion to the number of days for which a resident entitled to compensation actually resides in the relevant area. In such cases, the following periods shall be excluded from the number of days for which a person actually resides: |
| 1. | The period of service as active duty servicemen (including auxiliary police officers, obligatory fire fighters, and alternative service personnel); |
| 2. | The period of staying abroad such as emigration; |
| 3. | The period of confinement in correctional institutions, etc.; |
| 4. | The period for which a person does not actually reside in an area requiring measures against noise on other grounds. |
| (6) | The determination of a resident entitled to compensation under paragraph (1) shall be made based on a building in which the relevant resident has the registered domicile, and where the relevant building extends over the boundaries of zones in an area requiring measures against noise, it shall be deemed to belong to the zone for which the standards for compensation are greater. |
| (7) | Whether to fall under paragraph (5) 4 and whether the relevant building extends over the boundaries of zones in areas requiring measures against noise under paragraph (6) shall be deliberated on and determined by a regional deliberation committee on noise measures under Article 21 of the Act (hereinafter referred to as "regional deliberation committee"). |
| Article 12 (Notification of Areas Eligible for Compensation) |
| (2) | The head of a Si/Gun/Gu notified pursuant to paragraph (1) shall register the details thereof in a national land use information system under Article 12 of the Framework Act on the Regulation of Land to make them available for public perusal from the date the designation of the area requiring measures against noise takes effect, pursuant to Article 8 (9) of the same Act. |
| (3) | The chief of staff of each service branch shall report to the Minister of National Defense the monthly standards for compensation of each military firing range for the relevant year calculated according to the standards under Article 11 (3) by December 31 of each year, and the Minister of National Defense shall notify the details thereof to the head of the competent Si/Gun/Gu. |
| Article 13 (Informing of Application for Compensation) |
| (1) | The head of a Si/Gun/Gu shall prepare informative materials regarding areas eligible for compensation, standards for calculation, procedures for payment, and other relevant matters and distribute such materials to the area requiring measures against noise under his or her jurisdiction by January 31 of each year, in order to inform the matters concerning compensation under Article 14 (2) of the Act. |
| (2) | The head of a Si/Gun/Gu may post the address of lot number, etc. belonging to each zone in an area requiring measures against noise on the website of such Si/Gun/Gu, in order to efficiently inform residents of the matters concerning compensation. |
| Article 14 (Application for Payment of Compensation) |
| (1) | A person who intends to apply for payment of compensation under Article 14 (3) of the Act (referring to a representative of a household, where an adult among household members is selected as a representative of the household by mutual consent between household members or their legal representative, and referring to an agent where the applicant appoints the agent because he or she is unable to directly apply for compensation due to emigration, hospitalization, imprisonment, or other unavoidable reasons) shall submit an application for payment of compensation prescribed by Ordinance of the Ministry of National Defense, along with the following documents, to the head of a relevant Si/Gun/Gu by the end of February of each year: <Amended on Jun. 7, 2023> |
| 1. | One copy of a transaction account book of a financial company in the name of the applicant through which compensation can be paid; |
| 2. | One copy of a document on selection of a representative of a household prescribed by Ordinance of the Ministry of National Defense (limited to cases where an application is filed by selecting a representative of a household); |
| 3. | One copy of power of attorney for the application for compensation prescribed by Ordinance of the Ministry of National Defense, confirmed by the following persons (limited to cases where an application is filed by appointing a representative): |
| (a) | Where the applicant stays abroad, such as emigration: The head of an overseas diplomatic mission; |
| (b) | Where the applicant is hospitalized: The head of a medical institution; |
| (c) | Where the applicant is confined in a correctional institution, etc.: The head of a confinement institution; |
| (d) | Where other unavoidable reasons exist: The head of an Eup/Myeon/Dong; |
| 4. | One copy of a document proving the location of the workplace and the period of service, such as a certificate of employment (limited to cases where a person who intends to receive compensation is an employee or public official); |
| 5. | A marriage relation certificate and a certified copy of individual register of the spouse (limited to cases where a person moves into an area requiring measures against noise, after marriage, in which his or her spouse has already lived); |
| 6. | One copy of each of a certified copy of archived family register of an inheritee (applicable only where it is impossible to identify a person under duty to support by a family relation certificate), a certified extract of a resident whose resident registration has been deleted, a certified extract of individual register of an inheritor, and a copy of power of attorney and a certificate of seal impression of other inheritors excluding the representative of applicants, where there are multiple inheritors (limited to cases where a resident eligible for compensation died or is missing). |
| (2) | Upon receipt of an application for payment of compensation pursuant to paragraph (1), the head of a Si/Gun/Gu shall have the applicant supplement documents, where any of the documents referred to in the subparagraphs of paragraph (1) is not attached. |
| (3) | Upon receipt of an application for payment of compensation pursuant to paragraph (1), the head of a Si/Gun/Gu shall verify the following matters regarding the applicant through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to the verification, he or she shall attach the relevant documents thereto: <Amended on Jun. 7, 2023> |
| 1. | A certified copy of household register or a certified copy of individual register; |
| 2. | A certificate of alien registration or a certificate of domestic residence; |
| 3. | A certificate of acquisition or loss of the entitlement to health insurance; |
| 4. | A certificate of business registration; |
| 5. | A certificate of military service; |
| 6. | A certificate of fact on the entry into or departure from the Republic of Korea. |
| (4) | The head of a Si/Gun/Gu upon receipt of an application for payment of compensation pursuant to paragraph (1) shall request that the head of a relevant agency submit the relevant data according to the following classification in order to verify the matters under Article 11 (5) 1 and 3. In such cases, the relevant agency shall comply therewith, unless there is a compelling reason not to do so: |
| 1. | The service period of active duty servicemen: The chief of staff of each service branch; |
| 2. | The service period of auxiliary police officers: The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; |
| 3. | The service period of obligatory fire fighters: The Commissioner of the National Fire Agency; |
| 4. | The service period of alternative service personnel: The head of the competent central administrative agency; |
| 5. | The period of confinement in a correctional institution, etc.: The Minister of Justice. |
| (5) | Notwithstanding paragraph (1), a person who fails to apply for payment of compensation by the deadline prescribed in the same paragraph may file an application for the same period in the following year. In such cases, interest for the period during which the payment of compensation has been delayed shall not be paid. |
| Article 15 (Public Announcement and Notification of Determination on Payment of Compensation) |
| (1) | The head of a Si/Gun/Gu shall determine the payment of compensation pursuant to Article 14 (4) of the Act and notify an applicant for compensation of the results by May 31 of each year, and may also post such determination on the website of such Si/Gun/Gu. |
| (2) | Where the head of a Si/Gun/Gu notifies the applicant for compensation of the determination on payment of compensation pursuant to paragraph (1), he or she shall include the following in a written notice of determination on compensation prescribed by Ordinance of the Ministry of National Defense: |
| 1. | The name, address, and date of birth; |
| 2. | The name, address, and date of birth of the agent (limited to cases where the agent has filed an application); |
| 3. | Whether to pay compensation and the reasons therefor; |
| 4. | The amount of compensation and the methods of calculation thereof; |
| 5. | The date of determination on payment of compensation; |
| 6. | Procedures for payment; |
| 7. | Procedures for filing an objection. |
| Article 16 (Filing of Objections and Consent to Decision on Compensation) |
| (1) | A person who intends to file an objection pursuant to Article 15 (1) of the Act (including the representative or agent of a household) shall submit a written objection prescribed by Ordinance of the Ministry of National Defense to the head of the competent Si/Gun/Gu. |
| (2) | The head of a Si/Gun/Gu who makes a decision on an objection filed pursuant to Article 15 (2) of the Act shall notify the person who has filed the objection thereof by serving a written notice of decision on the objection prescribed by Ordinance of the Ministry of National Defense within seven days from the date of such decision. |
| (3) | A person who intends to receive the compensation decided pursuant to paragraph (2) (including the representative or agent of a household) shall submit a written consent to the decision on compensation prescribed by Ordinance of the Ministry of National Defense to the head of the competent Si/Gun/Gu by October 15 of each year. |
| (4) | A person who intends to apply for re-deliberation pursuant to Article 15 (3) of the Act (including the representative or agent of a household) shall submit an application for re-deliberation prescribed by Ordinance of the Ministry of National Defense to the Minister of National Defense via the head of the competent Si/Gun/Gu. In such cases, the head of the competent Si/Gun/Gu shall verify whether documents necessary for re-deliberation are prepared and submit the documents that were reviewed in making a decision on the objection. |
| (5) | When the Minister of National Defense makes a decision on an application for re-deliberation pursuant to Article 15 (4) of the Act, he or she shall notify the applicant for re-deliberation and the head of the competent Si/Gun/Gu thereof by serving a written notice of decision on re-deliberation prescribed by Ordinance of the Ministry of National Defense within seven days from the date of such decision. |
| (6) | A person who intends to receive the compensation decided pursuant to paragraph (5) (including the representative or agent of a household) shall submit a written consent to the decision on compensation prescribed by Ordinance of the Ministry of National Defense to the head of the competent Si/Gun/Gu by December 15 of each year. |
| Article 17 (Request for and Allocation of Budget for Payment of Compensation) |
| (1) | Where the head of a Si/Gun/Gu intends to pay compensation, he or she shall request a budget for the payment of compensation from the Minister of National Defense, by attaching the details of decision on payment which include the matters prescribed in Article 15 (2) 1 through 5. |
| (2) | Where the budget for compensation comes to fall short due to the decision on an objection under Article 16 (2), the head of a Si/Gun/Gu shall request the Minister of National Defense to set a budget, by attaching the details of the decision on the objection. |
| (3) | Where the budget for compensation comes to fall short due to the decision on re-deliberation under Article 16 (5), the Minister of National Defense shall allocate the amount of shortage to the head of the competent Si/Gun/Gu. |
| (4) | Where the Minister of National Defense fails to pay compensation by the deadline specified in the subparagraphs of Article 19 (1) due to a reason attributable to the Ministry of National Defense, he or she shall allocate the budget for compensation calculated by adding interest for the delayed period to the head of the competent Si/Gun/Gu. In such cases, the interest shall be calculated by applying the statutory interest rate under Article 379 of the Civil Act. |
| Article 18 (Methods of Payment of Compensation) |
The head of a Si/Gun/Gu shall pay compensation to persons who consent to the decision on payment of compensation under Article 14 (5) or 15 (5) of the Act by depositing it in a transaction account book under Article 14 (1) 1: Provided, That where there are unavoidable reasons, such as cases where a person entitled to compensation resides in an area where there is no financial company, it may be paid in cash at the request of such person.
| Article 19 (Deadline for Payment of Compensation) |
| (1) | The head of a Si/Gun/Gu shall pay compensation to the following persons by the relevant period pursuant to Article 16 of the Act: |
| 1. | A person for whom the amount of compensation is determined pursuant to Article 14 (5) of the Act: By August 31 of the year in which an application for the payment of compensation is filed; |
| 2. | A person who has submitted a written consent to the decision on compensation under Article 16 (3): By October 31 of the year in which he or she applies for the payment of compensation; |
| 3. | A person who has submitted a written consent to the decision on compensation under Article 16 (6): By December 31 of the year in which he or she applies for the payment of compensation (if such day is a holiday or Saturday, referring to the last working day of the year). |
| (2) | Notwithstanding paragraph (1), where a person who intends to receive the compensation fails to submit a written consent to the decision on compensation by the deadline prescribed in Article 16 (3) or (6), the head of a Si/Gun/Gu may pay the compensation after the deadline prescribed in paragraph (1) 2 or 3. In such cases, interest for a period of delayed payment shall not be paid. |
| Article 20 (Composition and Operation of Central Deliberation Committee) |
| (1) | Members of the Central Deliberation Committee shall be the following persons: |
| 1. | Each person designated by the head of the relevant agency from among members in general service of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of National Defense, and the Ministry of the Interior and Safety; |
| 2. | Up to five persons commissioned by the Minister of National Defense from among the following persons: |
| (a) | Persons who hold the post of associate professor or higher of departments related to noise in schools prescribed in subparagraphs 1 through 6 of Article 2 of the Higher Education Act; |
| (b) | Persons who obtain doctorates in the field of noise and have worked in the relevant field for at least five years; |
| (c) | Persons who have worked as a judge, public prosecutor, military advocate, or attorney-at-law for at least five years; |
| (d) | Other persons with extensive knowledge of and experience in noise. |
| (2) | Each member under paragraphs (1) 2 shall hold office for a term of two years and may be reappointed for only one consecutive term. |
| (3) | Where the chairperson of the Central Deliberation Committee is unable to perform his or her duties due to unavoidable reasons, a member designated in advance by the chairperson shall act on behalf of the chairperson. |
| (4) | A majority of the members of the Central Deliberation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (5) | The Central Deliberation Committee shall have one secretary, who shall be a director-level public official in charge of the prevention in noise of military airfields and military firing ranges and compensation for damage in the Ministry of National Defense. |
| (6) | The Central Deliberation Committee may, if deemed necessary for deliberation, request necessary cooperation, such as having the relevant public officials or experts participate in the meeting or requesting the relevant agency, organization, etc. to submit data and opinions. |
| (7) | Allowances and travel expenses may be paid to members and the relevant public officials and experts who attend a meeting of the Central Deliberation Committee within the budget: Provided, That the same shall not apply where a member who is a public official attends the meeting in direct connection with his or her duties. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for operating the Central Deliberation Committee shall be determined by the chairperson following resolution by the Central Deliberation Committee. |
| Article 21 (Composition and Operation of Regional Deliberation Committee) |
| (1) | A regional deliberation committee shall be comprised of not more than nine members, including one chairperson. |
| (2) | The chairperson of a regional deliberation committee shall be the deputy head of a Si/Gun/Gu and members of the regional deliberation committee shall be any of the following persons; in such cases, when the head of a Si/Gun/Gu commissions a member prescribed in subparagraph 2, he or she may receive recommendations from residents of the relevant Special Self-Governing City or Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter referred to as "Si/Gun/Gu") for experts in noise (limited to persons falling under Article 20 (1) 2 (a), (b), or (d)): <Amended on Jun. 7, 2023> |
| 1. | Up to three persons appointed by the head of a Si/Gun/Gu, from among the public officials of Grade V or higher in the relevant Si/Gun/Gu; |
| 2. | Up to five persons commissioned by the head of a Si/Gun/Gu, from among the persons prescribed in the items of Article 20 (1) 2. |
| (3) | A majority of the members of a regional deliberation committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (4) | A regional deliberation committee shall have one secretary, who shall be a director-level public official in charge of the compensation for noise damage in a Si/Gun/Gu. |
| (5) | A regional deliberation committee may, if deemed necessary for deliberation, request necessary cooperation, such as having the relevant public officials or experts participate in a meeting or requesting the relevant agency, organization, etc. to submit data and opinions. |
| (6) | Allowances and travel expenses may be paid to members and the relevant public officials and experts who attend a meeting of a regional deliberation committee within the budget: Provided, That the same shall not apply where a member who is a public official attends the meeting in direct connection with his or her duties. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for operating a regional deliberation committee shall be determined by the chairperson following resolution by the regional deliberation committee. |
| Article 22 (Grounds for Disqualification for Members) |
Any of the following persons shall be disqualified as a member of the Central Deliberation Committee or a regional deliberation committee:
| 1. | A person under adult guardianship; |
| 2. | A person in whose case five years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or exempted; |
| 3. | A person in whose case two years have not passed since the suspension period of the execution of his or her imprisonment without labor or heavier punishment declared by a court was terminated; |
| 4. | A person who is under suspension of the sentence of his or her imprisonment without labor or heavier punishment declared by a court; |
| 5. | A person who has been disqualified or whose qualification has been suspended by a court ruling or under other statutes. |
| Article 23 (Exclusion from, Challenge to, and Recusal of Members) |
| (1) | Where a member of the Central Deliberation Committee or a regional deliberation committee falls under any of the following, he or she shall be excluded from deliberations and decisions on the relevant agenda: |
| 1. | Where a member or his or her current or former spouse becomes a party to the relevant agenda (where the party is a corporation, organization, etc., including any executive officer thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda; |
| 2. | Where a member is a current or former relative of a party to the relevant agenda; |
| 3. | Where a member has given any advice or conducted any research, service (including a subcontract), appraisal, or investigation with respect to the relevant agenda; |
| 4. | Where a member or a corporation, organization, etc. to which the member belongs is or was the representative of a party to the relevant agenda; |
| 5. | Where any company, etc. in which he or she works or worked as an executive officer or employee within the recent three years has given any advice or conducted any research, service (including a subcontract), appraisal, or investigation with respect to the relevant agenda. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member, a party to the relevant agenda may file a request for a challenge to the member with the Central Deliberation Committee or a regional deliberation committee, which shall decide whether to accept the request by resolution. In such cases, the member subject to the challenge shall not participate in the resolution. |
| (3) | Where a member of the Central Deliberation Committee or a regional deliberation committee falls under any ground for disqualification under the subparagraphs of paragraph (1), he or she shall notify the relevant committee of the fact and recuse himself or herself from deliberations and decisions on the relevant agenda. |
| Article 24 (Dismissal of Commissioned Members) |
| (1) | The Minister of National Defense may dismiss a member of the Central Deliberation Committee under Article 20 (1) 2 in any of the following cases: |
| 1. | Where the member is unable to perform duties due to physical or mental disability; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 4. | Where the member fails to recuse himself or herself despite falling under any of the subparagraphs of Article 23 (1); |
| 5. | Where the member voluntarily admits that he or she has difficulty in performing his or her duties. |
| (2) | Where a member of a regional deliberative committee under Article 21 (2) 2 falls under any subparagraph of paragraph (1), the head of a Si/Gun/Gu may dismiss such member from office. |
| Article 25 (Securing of Budget for Payment of Compensation) |
The Minister of National Defense shall, if necessary, secure the budget required for performing the affairs related to the payment of compensation under Article 16 (1) of the Act, and the head of the relevant central administrative agency shall actively cooperate in securing the budget.
| Article 26 (Management of Data Related to Payment of Compensation) |
| (1) | Where the head of a Si/Gun/Gu pays compensation pursuant to Article 16 of the Act, he or she shall computerize the data related to payment, manage such data separately, and submit the results of payment to the Minister of National Defense by including it in a report on the settlement of accounts under Article 23 of the Act. |
| (2) | The Minister of National Defense may establish a compensation management system in consultation with the head of the relevant central administrative agency to ensure that the head of a Si/Gun/Gu may efficiently perform the affairs related to the payment of compensation. |
| (3) | The Minister of National Defense may, if necessary, entrust the establishment, maintenance, and management of the compensation management system under paragraph (2) to the Korea Local Information Research and Development Institute under Article 72 (1) of the Electronic Government Act. |
| Article 27 (Processing of Personally Identifiable Information) |
The Minister of National Defense, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, the Central Deliberation Committee, or a regional deliberation committee may process data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: | 3. | Affairs concerning the receipt of application for compensation and deliberation on payment under Article 14 (4) of the Act; |
| 4. | Affairs concerning the receipt of objections to compensation and applications for re-deliberation, and deliberation on payment under Article 15 (2) and (4) of the Act; |
| 8. | Affairs concerning decisions on compensation and on objections thereto under each subparagraph of Article 21 (1) of the Act. |
ADDENDA <Presidential Decree No. 31173, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 27, 2020.
Article 2 (Special Cases concerning First Payment of Compensation)
| (1) | Notwithstanding Article 11 (1), the first period of compensation shall be from November 27, 2020 to December 31, 2021, and compensation for the relevant period shall be paid in 2022 pursuant to Articles 11 through 19. |
| (2) | The portion of the compensation to be paid pursuant to paragraph (1) for the period from November 27, 2020 to December 31, 2020 shall be paid by adding the interest for one year calculated by applying the statutory interest rate under Article 379 of the Civil Act. |
ADDENDUM <Presidential Decree No. 33503, Jun. 7, 2023>
This Decree shall enter into force on January 1, 2024: Provided, That the amended provisions of Article 21 (2) shall enter into force on the date of the promulgation.