SPECIAL ACT ON THE ESTABLISHMENT OF JEJU SPECIAL SELF-GOVERNING PROVINCE AND THE DEVELOPMENT OF FREE INTERNATIONAL CITY
Wholly Amended by Act No. 13426, Jul. 24, 2015
Amended by Act No. 13474, Aug. 11, 2015
Act No. 13537, Dec. 1, 2015
Act No. 13560, Dec. 15, 2015
Act No. 13605, Dec. 22, 2015
Act No. 13607, Dec. 22, 2015
Act No. 13610, Dec. 22, 2015
Act No. 13611, Dec. 22, 2015
Act No. 13637, Dec. 29, 2015
Act No. 13660, Dec. 29, 2015
Act No. 13726, Jan. 6, 2016
Act No. 13805, Jan. 19, 2016
Act No. 13797, Jan. 19, 2016
Act No. 14190, May 29, 2016
Act No. 14518, Dec. 27, 2016
Act No. 14544, Jan. 17, 2017
Act No. 14716, Mar. 21, 2017
Act No. 14725, Mar. 21, 2017
Act No. 14614, Mar. 21, 2017
Act No. 14748, Mar. 21, 2017
Act No. 14773, Apr. 18, 2017
Act No. 14783, Apr. 18, 2017
Act No. 14795, Apr. 18, 2017
Act No. 14767, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14915, Oct. 24, 2017
Act No. 14943, Oct. 24, 2017
Act No. 15394, Feb. 21, 2018
Act No. 15423, Mar. 9, 2018
Act No. 15442, Mar. 13, 2018
Act No. 15489, Mar. 20, 2018
Act No. 15500, Mar. 20, 2018
Act No. 15540, Mar. 27, 2018
Act No. 15530, Mar. 27, 2018
Act No. 15624, jun. 8, 2018
Act No. 15636, jun. 12, 2018
Act No. 15719, Aug. 14, 2018
Act No. 15832, Oct. 16, 2018
Act No. 15860, Dec. 11, 2018
Act No. 16258, Jan. 15, 2019
Act No. 16242, Jan. 15, 2019
Act No. 16248, Jan. 15, 2019
Act No. 16277, Jan. 15, 2019
Act No. 16404, Apr. 30, 2019
Act No. 16416, Apr. 30, 2019
Act No. 16415, Apr. 30, 2019
Act No. 16568, Aug. 27, 2019
Act No. 16717, Dec. 3, 2019
Act No. 16774, Dec. 10, 2019
Act No. 16806, Dec. 10, 2019
Act No. 16855, Dec. 31, 2019
Act No. 16902, Jan. 29, 2020
Act No. 17037, Feb. 18, 2020
Act No. 17007, Feb. 18, 2020
Act No. 17171, Mar. 31, 2020
Act No. 17591, Dec. 8, 2020
Act No. 17577, Dec. 8, 2020
Act No. 17664, Dec. 22, 2020
Act No. 17687, Dec. 22, 2020
Act No. 17689, Dec. 22, 2020
Act No. 17699, Dec. 22, 2020
Act No. 17786, Dec. 29, 2020
Act No. 17769, Dec. 29, 2020
Act No. 17797, Dec. 29, 2020
Act No. 17767, Dec. 29, 2020
Act No. 17814, Dec. 31, 2020
Act No. 17850, Jan. 5, 2021
Act No. 17852, Jan. 5, 2021
Act No. 17883, Jan. 5, 2021
Act No. 17893, Jan. 12, 2021
Act No. 17943, Mar. 16, 2021
Act No. 18027, Apr. 13, 2021
Act No. 18296, Jul. 13, 2021
Act No. 18296, Jul. 13, 2021
Act No. 18358, Jul. 27, 2021
Act No. 18384, Aug. 10, 2021
Act No. 18432, Aug. 17, 2021
Act No. 18425, Aug. 17, 2021
Act No. 18472, Oct. 8, 2021
Act No. 18495, Oct. 19, 2021
Act No. 18522, Nov. 30, 2021
Act No. 18547, Dec. 7, 2021
Act No. 18755, Jan. 11, 2022
Act No. 18818, Feb. 3, 2022
Act No. 18840, Apr. 20, 2022
Act No. 18849, Apr. 26, 2022
Act No. 18936, jun. 10, 2022
Act No. 19003, Oct. 18, 2022
Act No. 19090, Dec. 13, 2022
Act No. 19087, Dec. 13, 2022
Act No. 19117, Dec. 27, 2022
Act No. 19178, Jan. 3, 2023
Act No. 19228, Mar. 4, 2023
Act No. 19291, Mar. 28, 2023
Act No. 19379, Apr. 18, 2023
Act No. 19409, May 16, 2023
Act No. 19430, jun. 9, 2023
Act No. 19522, Jul. 11, 2023
Act No. 19555, Jul. 18, 2023
Act No. 19549, Jul. 18, 2023
PART I GENERAL PROVISIONS
The purpose of this Act is to contribute to national development and residents' welfare improvement by establishing Jeju Special Self-Governing Province and guaranteeing substantial devolution to its local government in order to maximize on the geographical, historical, and cultural traits of its preceding local government, Jeju-do, with highly guaranteed autonomy based on self-regulation, accountability, creativity, and diversity; and also by developing Jeju-do into an environment-friendly free international city where its economy and environment harmonize with each other through extensive administrative deregulation, application of international standards, and management of environmental resources. <Amended on Dec. 10, 2019>
The term "free international city" used in this Act means, a regional unit with deregulation and international standards will be applied in order to ensure the international movement of people, commodities, and capital as well as maximal convenience in business activities.
| Article 3 (Scope of Application) |
This Act shall apply only to the jurisdiction of Jeju Special Self-Governing Province established under Article 7 (hereinafter referred to as "Jeju Self-Governing Province").
| Article 4 (Responsibilities of the State) |
| (1) | The State shall take legislative and administrative action including, but not limited to, the continuous amendment of relevant legislation to guarantee the autonomy of Jeju Self-Governing Province and to realize a free international city. |
| (2) | The State shall formulate plans and policies as necessary for the successful completion of devolution on Jeju Self-Governing Province in an advanced manner and the development of its free international city by evaluating the operational targets of Jeju Self-Government Province and the level of achievement thereof. |
| (3) | The State shall promptly formulate and implement measures for administrative and financial preferential treatment either by devolving items of national taxation on the local government or by devolving national taxes collected therein in order to encourage the effort of Jeju Self-Governing Province to voluntarily raise its performance. |
| (4) | The State shall ensure that Jeju Self-Governing Province continue to enjoy all the administrative and financial benefits that have been enjoyed by its preceding local government, Jeju-do, which is to be disbanded upon this Act entering into force. |
| Article 5 (Responsibilities on Part of Jeju Self-Governing Province) |
| (1) | Jeju Self-Governing Province shall fully cooperate with the State in the establishment and implementation of national policies concerning the Province. |
| (2) | Jeju Self-Governing Province shall enact, amend, or repeal its Provincial Ordinance (hereinafter referred to as "Provincial Ordinance") concerning matters for which this Act requires or authorizes Jeju Self-Governing Province to regulate by its ordinances in conformity with the purposes of this Act. |
| (3) | Jeju Self-Governing Province shall execute an agreement (including matters concerning its autonomous police and autonomy in education) on performance targets and the evaluation thereof, with the Prime Minister. In such cases, the Prime Minister shall pre-consult with the heads of relevant central administrative agencies concerning evaluations as to whether the results of devolution and deregulation performed by central administrative agencies have contributed to the development and growth of Jeju Self-Governing Province and the improvement of the systems, based on the outcomes of such evaluations. |
| Article 6 (Relationship to Other Statutes) |
| (1) | This Act shall prevail over other Acts with respect to the organization and administration of Jeju Self-Governing Province, and the devolution and deregulation by central administrative agencies: Provided, That this shall not apply where otherwise expressly provided for concerning the Jeju Self-Governing Province in any other statutes. |
| (2) | Where the authority of the head of a central administrative agency or other relevant persons has been devolved on the Jeju Special Self-Governing Province Governor under this Act (including, but not limited to, duties, principles, guidelines, and procedures related to devolved authority; hereinafter the same shall apply), the authority devolved on the Jeju Special Self-Governing Province Governor shall be deemed the authority of the head of the central administrative agency or other relevant persons prescribed in relevant statutes, and the relevant statutes shall apply accordingly. The same shall also apply where matters applicable to the heads of central administrative agencies or other relevant persons are prescribed as applicable to the Jeju Special Self-Governing Province Governor. |
PART II ESTABLISHMENT AND OPERATION OF JEJU SPECIAL SELF-GOVERNING PROVINCE
CHAPTER I ESTABLISHMENT OF JEJU SPECIAL SELF-GOVERNING PROVINCE
SECTION 1 Establishment of Jeju Special Self-Governing Province
| Article 7 (Establishment of Jeju Special Self-Governing Province) |
| (1) | Jeju Special Self-Governing Province shall be established under the direct jurisdiction of the Government. |
| (2) | The jurisdictional territory of Jeju Special Self-Governing Province shall be the same as the jurisdictional territory of its preceding local government, Jeju-do. |
| (3) | Jeju Special Self-Governing Province shall have special status within the extent provided for by this Act. |
| Article 8 (Special Cases concerning Organization of Provincial Council and Executive Bodies) |
| (1) | Notwithstanding the Local Autonomy Act concerning the councils and executive bodies of local governments, Jeju Self-Governing Province may cause its council and executive body to be established in an alternative form, as otherwise provided for in another Act. |
| (2) | If the Jeju Special Self-Governing Province Governor intends to cause the local councils and executive bodies of Jeju Self-Governing Province to be established in an alternative form pursuant to paragraph (1), he or she may request the Minister of the Interior and Safety to hold a residents' referendum to gather consensus thereon from the residents, after obtaining consent from the Jeju Special Self-Governing Provincial Council. <Amended on Jul. 26, 2017> |
| (3) | Upon receipt of the request made under paragraph (2), the Minister of the Interior and Safety may require the Jeju Special Self-Governing Province Governor to hold such local referendum covering the residents of Jeju Self-Governing Province, if deemed necessary in consideration of the purpose, intent, etc., of this Act. In such cases, the residents' referendum shall be deemed a residents' referendum concerning national policies provided for in Article 8 of the Residents' Voting Act, and thus the provisions of that Act shall apply to the referendum. <Amended on Jul. 26, 2017> |
| Article 9 (Special Cases concerning Application of other Statutes upon Establishment of Jeju Self-Governing Province) |
| (1) | The provisions referring to a local government, Do, Si, or Gun in any other statute, shall each be deemed to include Jeju Self-Governing Province, and shall apply accordingly. |
| (2) | The provisions referring to a member of a local council, a Do, Si, or Gun council in any other statute, shall each be deemed to include a member of Jeju Special Self-Governing Provincial Council, and shall apply accordingly. |
| (3) | The provisions referring to the heads of local governments, Do Governors, or heads of Sis or Guns in any other statute, shall each be deemed to include the Jeju Special Self-Governing Province Governor (hereinafter referred to as the "Governor"), and shall apply accordingly. |
| (4) | The provisions referring to local councils, or Do, Si, or Gun councils in any other statute, shall each be deemed to include the Jeju Special Self-Governing Provincial Council (hereinafter referred to as the "Provincial Council"), and shall apply accordingly. |
| (5) | The provisions referring to ordinances or rules of a local government, Do, Si, or Gun in any other statute, shall each be deemed to include the relevant ordinances or rules of Jeju Self-Governing Province, and shall apply accordingly. |
| (6) | The provisions referring to superintendents of education in any other statute, shall be deemed to include the Superintendent of the Provincial Office of Education of Jeju Special Self-Governing Province (hereinafter referred to as "Superintendent of the Provincial Office of Education"), and shall apply accordingly. |
| (7) | The provisions specifying all or a part of the territory of a local government, Si, or Gun as a district or jurisdiction of an administrative agency, such as an office of education (including a district office of education) or police station, in any other statute, shall be deemed to include such district or jurisdiction of the Province's preceding administrative agency, and shall apply accordingly. |
SECTION 2 Establishment of Administrative Sis and Eups/Myeons/Dongs
| Article 10 (Abolition, Establishment, Division and Merger of Administrative Sis) |
| (2) | Jeju Self-Governing Province shall have Sis, which shall not be in the form of local autonomous government, within its jurisdictional territory (hereinafter referred to as "administrative Si"). |
| (3) | A reference to Sis in other statutes, does not include the administrative cities, except as otherwise expressly provided for in the relevant statutes. |
| (4) | The abolition, division, and merger of administrative Sis, and the names and districts thereof, shall be prescribed by Provincial Ordinance. In such cases, the Governor shall report the results thereof to the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
| (5) | The seat of the office of an administrative Si shall be prescribed by Provincial Ordinance: Provided, That it shall be subject to the concurrent vote of a majority of all incumbent members of the Provincial Council. |
| Article 11 (Heads of Administrative Sis) |
| (1) | Each administrative Si shall have a head. |
| (2) | The head of an administrative Si (hereinafter referred to as “head of an administrative Si”) shall be appointed by the Governor from among local public officials in general service: Provided, That a local public official in political service shall be appointed as the head, if such public official is one publicly pre-nominated as a prospective head in accordance with Article 12 (1). |
| (3) | The term of office of the head of an administrative Si appointed under the proviso of paragraph (2), shall be two years and is consecutively renewable. |
| (4) | Where it is necessary to appoint a new head for an administrative Si due to no prospective head being publicly pre-nominated, or death, resignation, or retirement of the person publicly pre-nominated as the prospective head or appointed as the head, the vacancy shall be filled by a local public official in general service; and it shall be maintained as a position open to the public under Article 29-4 of the Local Public Officials Act. |
| (5) | The head of an administrative Si shall take charge of administrative affairs assigned by the State and local governments under the direction and supervision of the Governor, and shall direct and supervise the public officials and employees under his or her jurisdiction. |
| (6) | A reference to the head of a Si in other statutes, does not include the head of an administrative Si, except as otherwise expressly provided for in the relevant statutes. |
| Article 12 (Public Pre-Nomination of Prospective Head of Administrative Si) |
| (1) | Any person who intends to be registered as a candidate for Governor (hereinafter referred to as "governor candidate") to run for Governor (including re-elections and by-elections) under the Public Official Election Act, may publicly pre-nominate one person for each administrative Si as a prospective head, who shall be appointed under the proviso of Article 11 (2). |
| (2) | Where a governor candidate publicly pre-nominates prospective heads of administrative Sis under paragraph (1), he or she shall submit a list of the prospective heads so pre-nominated and letters of acceptance signed or sealed by the nominees themselves at the time of registration of the governor candidate under Article 49 of the Public Official Election Act. |
| (4) | Governor candidates shall make the name, occupation, educational background, career, etc. of each prospective head publicly pre-nominated, available to voters, and the method, period, and details for such public pre-nomination, shall be prescribed by Provincial Ordinance. |
| Article 13 (Retirement of Head of Administrative Si) |
A local public official in political service appointed as the head of an administrative Si under the proviso of Article 11 (2), shall be discharged from office, in any of the following circumstances: | 3. | If the term of office of the Governor who has nominated the head of an administrative Si, expires; |
| Article 14 (Deputy Head of Administrative Si) |
| (1) | Each administrative Si shall have a deputy head. |
| (2) | A local public official in general service shall be appointed by the Governor as the deputy head of an administrative Si. |
| (3) | The deputy head of an administrative Si shall assist the head of the city; have overall charge over the administrative affairs of the city; and direct and supervise the public officials and employees under his or her jurisdiction. |
| Article 15 (Administrative Organizations of Administrative Si) |
Each administrative Si shall establish administrative organizations necessary for the allocation of its administrative affairs, as prescribed by Provincial Ordinance, and the grade of its officials shall be prescribed by Provincial Ordinance in compliance with the standards prescribed by Presidential Decree.
| Article 15-2 (Special Cases concerning Establishment of Committees) |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 16 (Abolition, Establishment, Division, and Merger of Eups/Myeons/Dongs) |
| (1) | The administrative Sis shall have Dongs in urban areas; and Eups and Myeons in areas other than urban areas. |
| (2) | The provisions concerning Eups/Myeons/Dongs in the Local Autonomy Act shall apply to Eups/Myeons/Dongs established within administrative Sis: Provided, That no approval from the Minister of the Interior and Safety is required for abolition, establishment, division, or merger of Eups/Myeons/Dongs established within the administrative Sis, notwithstanding Article 7 (1) of the Local Autonomy Act, but the Governor shall report the results thereof to the Minister of the Interior and Safety. <Amended on Jul. 26, 2017; Jan. 12, 2021> |
CHAPTER II ESTABLISHMENT OF SUPPORTING COMMITTEE FOR JEJU SPECIAL SELF-GOVERNING PROVINCE AND DEVOLUTION OF AUTHORITY
SECTION 1 Establishment of Supporting Committee for Jeju Special Self-Governing Province
| Article 17 (Establishment of Supporting Committee for Jeju Special Self-Governing Province) |
| (1) | In order to achieve the purpose of this Act, a Supporting Committee for Jeju Self-Governing Province (hereinafter referred to as the "Supporting Committee") shall be established under the jurisdiction of the Prime Minister, to deliberate on the following matters concerning the performance targets of Jeju Special Self-Governing Province and the evaluation thereof, as well as for the development of a free international city: |
| 1. | Formulation and implementation of the master plan for the organization and administration of Jeju Self-Governing Province; |
| 2. | Enhancement of autonomy of Jeju Self-Governing Province in administration and finance, and the formulation of plans for granting administrative and financial preferential treatment to the Province pursuant to Article 4 (3); |
| 3. | Execution of agreements under Article 5 (3), and the utilization of the outcomes of such evaluation; |
| 4. | Review, etc. of legislative bills submitted under Article 19; |
| 5. | Incremental devolution of power held by central administrative agencies pursuant to Article 20; |
| 6. | Transfer of special local administrative agencies and the measures incidental thereto; |
| 7. | Designation and development of the Jeju Advanced Science and Technology Complex, and the cancellation of such designation; |
| 8. | Schemes to promote and develop the Jeju Free International City Development Center established under Article 166 (hereinafter referred to as the "Development Center") as well as coordination between the Development Center and local governments; |
| 9. | Promotion of liberalization of Jeju Self-Governing Province from administrative regulations; |
| 10. | Assistance to the inducement and establishment of foreign educational institutions and foreign medical institutions; |
| 11. | Creation of an international educational environment; |
| 12. | Management of landscape of Jeju Self-Governing Province; |
| 13. | Consultation and conciliation between the Governor and the heads of relevant central administrative agencies concerning subparagraphs 1 through 12; |
| 14. | Other matters deemed necessary by the chairperson of the Supporting Committee or the Governor and referred to a meeting thereof. |
| (2) | The Supporting Committee shall be comprised of not exceeding 30 members, including one chairperson. |
| (3) | The Prime Minister shall take the chair of the Supporting Committee, and the members shall be appointed or commissioned by the Prime Minister from among the heads of relevant central administrative agencies and from among those with abundant knowledge and experience. |
| (4) | A working subcommittee shall be established under the Supporting Committee to examine the agenda items to be deliberated upon by the Supporting Committee, and to deal with matters delegated by the Supporting Committee. |
| (5) | A working subcommittee referred to in paragraph (4) shall be comprised of not exceeding 25 members, including one chairperson; and the Minister of the Office for Government Policy Coordination shall take the chair thereof. |
| (6) | Further details concerning the execution of agreements and the utilization of the outcomes of evaluation referred to in paragraph (1) 3 shall be determined by the chairperson, following deliberation by the Supporting Committee. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the organization, operation, etc. of the Supporting Committee and its working subcommittee shall be prescribed by Presidential Decree. |
| Article 18 Deleted. <Dec. 10, 2019> |
| Article 18-2 (Establishment of Secretariat) |
| (1) | A secretariat shall be established under the Supporting Committee to manage the administrative affairs of the Supporting Committee. |
| (2) | Matters concerning the establishment and management of the secretariat shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 10, 2019]
[법률 제16774호(2019. 12. 10.) 제18조의2의 개정규정은 같은 법 부칙 제2조의 규정에 의하여 2021년 6월 30일까지 유효함]
| Article 19 (Submission of Legislative Bills and Deliberation on Legislation) |
| (1) | The Governor may present his or her opinion on any matter he or she deems necessary to deliberate on legislation concerning the Jeju Self-Governing Province, to the Supporting Committee, with consent from at least 2/3 of all incumbent members of the Provincial Council. |
| (2) | The Supporting Committee shall notify the head of a relevant central administrative agency of an opinion presented under paragraph (1). |
| (3) | The head of a relevant central administrative agency shall examine the validity of each opinion notified under paragraph (2). In such cases, no period for examination shall exceed two months after the receipt of such notification. |
| (4) | The head of a relevant central administrative agency shall notify the Supporting Committee of the findings of the examination made under paragraph (3), within seven days after the period for examination. In such cases, the head of a relevant central administrative agency shall give notice stating the grounds and details if he or she deems the opinion invalid, whereas he or she shall fully cooperate to enable the opinion to be reflected in the related Acts if he or she deems it valid. |
| (5) | The Supporting Committee shall deliberate on the findings of the examination notified under paragraph (4), and shall notify the Governor and the head of a relevant central administrative agency of the results of such deliberation. |
SECTION 2 DEVOLUTION OF AUTHORITY BY CENTRAL ADMINISTRATIVE AGENCIES AND PROMOTION OF DEREGULATION
| Article 20 (Incremental Devolution of Authority by Central Administrative Agencies) |
| (1) | The Supporting Committee shall formulate a plan for devolving the authority for performing administrative affairs, other than those related to the national existence, such as diplomatic relations, defense, and jurisdiction, (hereinafter referred to as "devolution plan") on Jeju Self-Governing Province, incrementally, taking into consideration the local conditions, capabilities, financial capacity, and other aspects of Jeju Self-Governing Province. |
| (2) | The devolution plan shall include the following: |
| 1. | Matters concerning complete inspection of the administrative affairs falling under the authority of central administrative agencies as prescribed in statutes; |
| 2. | Matters concerning research and selection of the administrative affairs subject to the devolution of authority from central administrative agencies on Jeju Self-Governing Province; |
| 3. | Matters concerning confirmation and follow-up management of the administrative affairs subject to the devolution of authority from central administrative agencies on Jeju Self-Governing Province; |
| 4. | Other necessary matters for promoting the efficient devolution of authority from central administrative agencies on Jeju Self-Governing Province including, but not limited to, administrative and financial support. |
| (3) | The Supporting Committee shall report a devolution plan formulated under paragraph (1) to the Prime Minister, and shall also notify the heads of the relevant central administrative agencies and the Governor of the plan. |
| Article 21 (Submission of Data) |
| (1) | The head of a central administrative agency may request Jeju Self-Governing Province to submit data necessary for managing statistics or policy-making nationwide in relation to the authority devolved pursuant to this Act. |
| (2) | Jeju Self-Governing Province may request the head of a relevant central administrative agency to submit data and provide technical support necessary for exercising the authority devolved pursuant to this Act. |
| Article 22 (Promotion of Deregulation) |
| (1) | The heads of central administrative agencies shall endeavor to preferentially modify regulations applied to Jeju Self-Governing Province under the relevant statutes for Jeju Self-Governing Province in order to develop Jeju Self-Governing Province as a deregulated region to lead national development. |
| (2) | Jeju Self-Governing Province shall prescribe basic matters concerning modification of regulations in a Provincial Ordinance, in order to modify regulations necessary to create a free international city. |
| (3) | The Provincial Ordinance under paragraph (2) shall include matters concerning the registration and publication of regulations prescribed in self-governing laws; evaluation of enactment or strengthening of regulations; modification of the existing regulations; the establishment of an organization of evaluating regulations, etc. |
| (4) | Jeju Self-Governing Province shall re-examine regulations prescribed by self-governing laws, setting a period by up to five years in accordance with a Provincial Ordinance, and take regulatory reform measures, such as improvement of details of and procedures for regulations. In such cases, a means for regulatory reform prescribed by Provincial Ordinance may be utilized. |
| (5) | The Governor shall submit the findings of re-examination conducted and measures for regulatory reform taken under paragraph (4) to the Supporting Committee. |
| (6) | If necessary with respect to matters referred to in paragraphs (2) through (5), the Supporting Committee may present its opinions to the Governor after deliberation. |
SECTION 3 Transfer of Administrative Affairs of Special Local Administrative Agencies
| Article 23 (Guidelines for Transfer) |
| (1) | The following administrative affairs shall be first transferred in devolving, delegating, or commissioning (hereinafter referred to as "transfer") the administrative affairs of special local administrative agencies established under Article 3 of the Government Organization Act (hereinafter referred to as "special local administrative agency") having jurisdiction over Jeju Self-Governing Province, to Jeju Self-Governing Province: |
| 1. | Administrative affairs required for the convenience of local residents and necessary to be performed locally; |
| 2. | Administrative affairs having impact on the development of the local economy and the quality of local residents' lives. |
| (2) | The following principles shall be complied with in transferring the administrative affairs of special local administrative agencies under paragraph (1): |
| 1. | The administrative and financial conditions and capacity of Jeju Self- Governing Province shall be taken into consideration; |
| 2. | Jeju Self-Governing Province's position in relation to transfer of special local administrative agencies shall be taken into consideration; |
| 3. | All administrative affairs related to the transferred affairs shall be transferred simultaneously. |
| Article 24 (Administrative Affairs to be First Transferred) |
The authority of the central administrative agencies over the special local administrative agencies already established in the former local government of Jeju-do to execute the following affairs, shall be devolved on Jeju Self-Governing Province. In such cases, the head of each relevant central administrative agency shall take measures necessary for devolving such authority: <Amended on Aug. 27, 2019; Dec. 10, 2019>
| 1. | National land management: Affairs referred to in Articles 274 (4), 394 (2), 412 (2) and (3), 413 (2), and 418 (2); |
| 2. | Small and medium enterprises (excluding matters concerning test and analysis): Affairs referred to in Article 301; |
| 3. | Maritime affairs and fisheries (excluding matters concerning maritime safety): Affairs referred to in Article 289 (1) (limited to matters referred to in Article 61 (1) of the Aquaculture Industry Development Act), Articles 290 (1), 294 (4), 364 (9), 368 (2), 419 (1) and (2), and 437 (1) (limited to matters referred to in the main clause of Article 24 (1), the proviso of Article 24 (2), Articles 24 (3) and (4) 1, 25, 27, 28 (3), 35, 36, and 39 of the Coast Management Act), 438 (2) and (3), 439 (3), 440 (1) and (2), and 441; |
| 4. | Patriots and veterans' affairs (excluding matters concerning the examination of entitlement of patriots and veterans, such as determination of disability ratings of persons who have rendered distinguished service to the State, etc.): Affairs referred to in Articles 341 through 349; |
| Article 25 (Measures To Be Taken following Transfer of Administrative Affairs) |
| (1) | Notwithstanding Article 27 (2) 7 and (6) of the Local Public Officials Act, public officials whose status shall be converted to local public officials following the transfer of administrative affairs by special local administrative agencies, shall be appointed to grades equivalent to those previously held. |
| (2) | Jeju Self-Governing Province may provide administrative and financial support and other support, such as the improvement of their habitats, to public officials transferred under paragraph (1). |
| (3) | The heads of the relevant central administrative agencies that have had control over special local administrative agencies, the administrative affairs of which are transferred under Article 24, and the heads of other related central administrative agencies shall provide administrative and financial support to Jeju Self-Governing Province so that it can facilitate the transferred administrative affairs. |
| (4) | In providing financial support under paragraph (3), the heads of central administrative agencies shall formulate a support plan with respect to the method and scale of such support containing the following matters, for deliberation by the Supporting Committee. In such cases, the Supporting Committee shall first consider the opinion of the Governor: |
| 1. | The scope and details of the transfer, and the procedure for processing the unit's affairs, as transferred; |
| 2. | Expenses incurred for the transferred administrative affairs during the preceding three years by sources of fund and unit affairs; |
| 3. | The scale of, method, and timing for such financial support, and the fund-raising scheme; |
| 4. | Other matters related to financial support. |
| Article 26 (Transfer of Administrative Affairs of Special Local Administrative Agencies, Other Than Those Subject to Transfer) |
| (1) | The Governor may request the Supporting Committee to deliberate on the transfer of the administrative affairs of special local administrative agencies to Jeju Self-Governing Province, where it is deemed effective for Jeju Self-Governing Province to conduct the administrative affairs of the special local administrative agencies, other than those subject to transfer under Article 24. |
| (2) | The Supporting Committee shall consider the opinions of the relevant central administrative agencies, in relation to the transfer of the administrative affairs of special local administrative agencies requested under paragraph (1), and publicly announce the decision, following deliberation thereon by the Supporting Committee. |
| Article 27 (Prohibition of Establishment of Special Local Administrative Agencies) |
| (1) | Jeju Self-Governing Province shall not establish any new special local administrative agency after this Act enters into force. |
| (2) | Notwithstanding paragraph (1), the head of a central administrative agency may consult with the Governor and establish a special local administrative agency, if necessary to conduct the administrative affairs of the central administrative agency. |
| (3) | The Governor shall obtain prior consent from the Provincial Council before consulting with the head of a central administrative agency under paragraph (2). |
CHAPTER III INCREASING RESIDENTS' PARTICIPATION
SECTION 1 Special Cases concerning Residents' Rights Prescribed under the Local Autonomy Act
| Article 28 (Special Cases concerning Residents' Voting) |
| (1) | Notwithstanding Article 7 (2) 3 and 3-2 of the Residents' Voting Act, the Governor may submit a large-scale investment project which requires the budget in excess of that prescribed by Provincial Ordinance, to a resident's referendum. <Amended on Apr. 26, 2022> |
| (2) | Notwithstanding Article 9 (2) of the Residents' Voting Act, residents may request a residents' referendum with joint signatures of residents of at least the number prescribed by Provincial Ordinance between 1/50 to 1/5 of the total number of residents entitled to request such residents' referendum. |
| Article 29 Deleted. <Jul. 11, 2023> |
SECTION 2 Special Cases concerning Recall of Elected Officials
| Article 30 (Management of Affairs concerning Recall Elections on Superintendent of Provincial Office of Education) |
| (1) | Affairs concerning recall elections on the Superintendent of the Provincial Office of Education, shall be managed by the Election Commission that takes charge of election affairs of the constituency of the Superintendent of the Provincial Office of Education pursuant to Article 74. |
| (2) | Article 13 (3) through (6) of the Public Official Election Act shall apply mutatis mutandis where the relevant Election Commission manages the affairs concerning recall elections pursuant to paragraph (1). In such cases, "election management" shall be construed as "management of recall elections;" "election" as "recall elections;" "election affairs" and "election affairs of constituency" as "affairs concerning recall elections;" respectively. |
| Article 31 (Special Cases concerning Subject Matter of, and Requests for, Recall Elections) |
| (2) | When a request for a recall election on the Superintendent of the Provincial Office of Education is filed under paragraph (1), signatures of at least 1/100 of the total number of persons entitled to request a recall election in at least 1/2 of the administrative Sis, respectively, shall be obtained if at least three administrative Sis exist: Provided, That if two administrative Sis exist, signatures of at least 1/100 of the total number of persons entitled to request a recall election shall be obtained in each administrative Si. |
| (3) | Notwithstanding Article 7 (2) of the Recall of Elected Officials Act, the requirement for signatures by administrative Si for a recall election on the Governor shall follow the requirement for signatures by administrative Si for a recall election on the Superintendent of the Provincial Office of Education, as prescribed in paragraph (2). |
| (4) | Notwithstanding Article 7 (3) of the Recall of Elected Officials Act, when a request for a recall election on a member of the Jeju Self-Governing Provincial Council (excluding proportional representative members of the Jeju Self-Governing Provincial Council; hereafter referred to as "Provincial Council member" in this Section) has been filed, signatures of at least 1/100 of the total number of persons entitled to request a recall election in at least 1/2 of the Eups/Myeons/Dongs out of the total number of Eups/Myeons/Dongs shall be obtained, if at least three Eups/Myeons/Dongs exist in the constituency of the relevant Provincial Council member: Provided, That if two Eups/Myeons/Dongs in total exist in the constituency of the relevant Provincial Council member, signatures of at least 1/100 of the total number of the persons entitled to request a recall election shall be obtained, respectively. |
| Article 32 (Suspension of Exercise of Authority of Superintendent of Provincial Office of Education and Exercise of Authority on His or Her Behalf) |
| Article 33 (Notice of Results of Recall Elections on Superintendent of Provincial Office of Education) |
Upon completion of vote counting for a recall election on the Superintendent of the Provincial Office of Education, the competent Election Commission shall announce the results thereof without delay and shall give notice to the representative of the persons entitled to request a recall election; the Superintendent of the Provincial Office of Education (including the Deputy Superintendent, etc. who exercises the authority on his or her behalf pursuant to Article 32); the head of a relevant central administrative agency; and the Governor. The same shall also apply where the vote counting is not conducted pursuant to Article 22 (2) of the Recall of Elected Officials Act that applies mutatis mutandis under Article 24-2 (3) of the Local Education Autonomy Act.
| Article 34 (Lawsuits on Recall Elections against Superintendent of Provincial Office of Education) |
| Article 35 (Application of the Recall of Elected Officials Act) |
The following subparagraphs shall govern where the Recall of Elected Officials Act applies to matters not expressly prescribed by this Act concerning recall: <Amended on Dec. 8, 2020>
| 1. | "Article 7 (1) through (3)" in the provisions, with the exception of the subparagraphs, of Article 8 of that Act, shall be construed as "Article 7 (1) hereof and Article 31 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;" and "elective local public officials" in subparagraph 1 of that Article, shall be construed as "elective local public officials (including the Superintendent of the Provincial Office of Education; hereinafter the same shall apply)"; |
| 2. | "Article 7 (1) through (3)" in subparagraph 1 of Article 11, Articles 12 (1) and 14 (1) of that Act, shall be construed as "Article 7 (1) hereof and Article 31 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City"; |
| 3. | "Head of a local government" and "relevant local government" in Article 16 (1) of that Act, shall be construed as "the Governor and the Superintendent of the Provincial Office of Education" and "Jeju Self-Governing Province," respectively; and "Local Council member representing a district constituency" and "Local Council member" in paragraph (2) of that Article, shall be construed as "Provincial Council member" and "Provincial Council member," respectively; |
| 4. | "Deemed to be Presidential Decree," "Article 7," "Mayor/Do Governor," and "head of a Si/Gun/Autonomous Gu, council member representing a district constituency in a City/Do, and council member representing a district constituency in an autonomous Gu/Si/Gun" in the latter part of Article 27 (1) of that Act, shall be construed as "deemed to be Rules of the National Election Commission," "Article 7 (1) hereof and Article 31 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City," "the Governor and the Superintendent of the Provincial Office of Education," and "Provincial Council member," respectively; and "district where a recall election is held" in paragraph (2) of that Article (referring to the jurisdiction of the relevant Gu/Si/Gun in cases of recall elections on Local Council member representing a district constituency), shall be construed as "district where a recall election is held (referring to an administrative Si to which the place of resident registration belongs in cases of recall elections on Provincial Council member)"; |
| 5. | "Offenses prescribed in Articles 28 through 33 and administrative fines prescribed in Article 35" in Articles 37 and 38 of that Act, shall be construed as "offences prescribed in Article 469 (1) through (7) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and administrative fines prescribed in Article 480 (4) through (6) (limited to administrative fines concerning recall of elected officials)." |
CHAPTER IV ENHANCING FUNCTIONS OF PROVINCIAL COUNCIL
SECTION 1 Fixed Number of Provincial Council Members and Constituencies
| Article 36 (Special Cases concerning Fixed Number of Provincial Council Members) |
| (1) | Notwithstanding Article 22 (1), (3), and (4) of the Public Official Election Act, the fixed number of members of Jeju Special Self-Governing Provincial Council (hereinafter referred to as "Provincial Council members") (including five members of the Board of Education elected under Article 64) shall be prescribed by Provincial Ordinance, of up to 45 members, as determined by the Constituency Demarcation Committee for Provincial Council Members established under Article 38. <Amended on Mar. 9, 2018; Apr. 20, 2022> |
| (2) | Notwithstanding Article 22 (4) of the Public Official Election Act, the fixed number of proportional representative members of the Provincial Council shall be at least 20/100 of the fixed number of the Provincial Council members (excluding the members of the Board of Education elected under Article 64) determined under paragraph (1), and shall be prescribed by Provincial Ordinance, as determined by the Constituency Demarcation Committee for Provincial Council members established under Article 38. In such cases, a fractional number shall be deemed nil. |
| Article 37 (Special Cases concerning Constituencies for Provincial Council Members) |
| (1) | The constituencies for Provincial Council members shall be demarcated, based upon the population, administrative districts, geographical features, transportation, and other conditions; but the names and jurisdiction of the constituencies of such Provincial Council members shall be prescribed by Provincial Ordinance, as determined by the Constituency Demarcation Committee for Provincial Council Members established under Article 38, notwithstanding Article 26 and attached Table 2 of the Public Official Election Act. |
| (2) | When the constituencies for Provincial Council members are demarcated under paragraph (1), no part of the jurisdiction of an administrative Si or an Eup/Myeon/Dong shall be redistricted to merge into the constituency for another Provincial Council member. |
| Article 38 (Constituency Demarcation Committee for Provincial Council Members) |
| (1) | A Constituency Demarcation Committee for Provincial Council Members shall be established under the jurisdiction of Jeju Self-Governing Province to demarcate constituencies for Provincial Council members fairly. |
| (2) | The provisions of Article 24-3 of the Public Official Election Act concerning the Constituency Demarcation Committee for Autonomous Gu/Si/Gun Council Members shall apply mutatis mutandis to the Constituency Demarcation Committee for Provincial Council Members. |
SECTION 2 Reinforcement of Capability for Parliamentary Activities and Functions
| Article 39 (Policy Researcher) |
| (1) | Notwithstanding Article 41 of the Local Autonomy Act, the Provincial Council may have not more than 21 policy researchers to assist the Provincial Council's activities including, but not limited to, the enactment, amendment, and repeal of Provincial Ordinance, examination and review of budget and financial settlement, and audit and inspection of administrative affairs, and to assist Provincial Council members or the committees referred to in Article 64 of the Local Autonomy Act (including the Board of Education established under Article 63) in their parliamentary activities. <Amended on Dec. 10, 2019; Jan. 12, 2021> |
| (2) | Policy researchers referred to in paragraph (1) shall be appointed from among Grade V local public officials in a fixed term position or local public officials in extraordinary civil service whose position are equivalent to Grade V. <Amended on Dec. 10, 2019> |
| (3) | The placement and management of policy researchers shall be prescribed by Provincial Ordinance, and the number of committee members may differ committees. <Amended on Dec. 10, 2019> |
[Title Amended on Dec. 10, 2019]
| Article 40 (Special Cases concerning Council Members' Expenses for Parliamentary Activities) |
| (1) | Notwithstanding Article 40 of the Local Autonomy Act, the types of expenses and guidelines for reimbursement of such expenses to Provincial Council members, shall be prescribed by Provincial Ordinance. <Amended on Jan. 12, 2021> |
| (2) | A Deliberative Committee on Parliamentary Expenses shall be established under the jurisdiction of the Governor to deliberate and resolve on the types of expenses and guidelines for reimbursement of such expenses under paragraph (1). <Amended on Jul. 11, 2023> |
| (3) | Matters necessary for the organization, operation, etc. of the Deliberative Committee on Parliamentary Expenses and other matters shall be prescribed by Provincial Ordinance. <Amended on Jul. 11, 2023> |
| Article 41 (Reporting on Large-Scale Development Projects) |
Whenever the Governor executes a large-scale development project prescribed by Provincial Ordinance, or intends to grant approval, permission, or authorization for such development project, he or she shall pre-report the details of such development project to the Provincial Council.
| Article 42 (Special Cases concerning Audit and Inspection of Administrative Affairs) |
SECTION 3 Personnel Hearings
| Article 43 (Personnel Hearings) |
| (1) | Notwithstanding related statutes, the Governor shall request the Provincial Council to hold a personnel hearing prior to the appointment of a local public official for extraordinary civil service as vice governor under the proviso of Article 123 (2) of the Local Autonomy Act. <Amended on Jan. 12, 2021> |
| (2) | The Provincial Council shall establish a special committee for personnel hearings to hold personnel hearings for persons for whom the Governor requests to hold a personnel hearing under paragraph (1). |
| (3) | The Provincial Council shall establish a special committee for personnel hearings to examine the requests for consent to the appointment of the chairperson of the Audit and Inspection Committee under Article 131 (5). <Amended on Jul. 11, 2023> |
| (4) | The special committees for personnel hearings established under paragraphs (2) and (3), shall be deemed formed as at the time the request for consent to the appointment of the person who requires consent from the Provincial Council for appointment and the Governor’s request to hold a personnel hearing (hereinafter referred to as "request for consent to appointment, etc.") are presented to the Provincial Council, and shall subsist until a resolution on the request for consent to appointment, etc., is made at a plenary session or until the progress of the personnel hearing is reported at a plenary session. |
| (5) | The special committees for personnel hearings shall hold a hearing on personnel (hereinafter referred to as "personnel hearing") to hear or examine the personnel matters pursuant to paragraphs (2) and (3). |
| (6) | Except as provided in paragraphs (1) through (5), Articles 4 (2), 5 through 9, 10 (1) and (2), 11, 12 through 15, 15-2, and 16 through 18 of the Personnel Hearing Act shall apply mutatis mutandis to personnel hearings. In such cases, "committee" shall be construed as "special committee for personnel hearings;" "chairperson" as "chairperson of the special committee for personnel hearings;" "National Assembly" as "Provincial Council;" "Person having authority to appoint or nominate (including the President-Elect)" and "President or Chief Justice of the Supreme Court" as "Governor," respectively; "Speaker" as "Speaker of the Provincial Council;" and "Justices of the Constitutional Court, etc." and "candidate for public official under Article 65-2 (2) of the National Assembly Act” as "person subject to personnel hearing," respectively; and "State agency" as "local government." |
| (7) | Except as provided in paragraphs (1) through (6), further details concerning the organization and operation of the special committees for personnel hearings, the operation of personnel hearings, methods for providing answers, hearing from prospective appointees, and other necessary matters, shall be prescribed by Provincial Ordinance. |
CHAPTER V AUTONOMOUS ORGANIZATION AND PERSONNEL AFFAIRS
SECTION 1 Autonomy of Provincial Organizations
| Article 44 (Special Cases concerning Authority for Autonomous Organization) |
| (1) | Notwithstanding Articles 68 (3) (limited to matters concerning the fixed number), 102 (3), 103 (2), 123 (1), the proviso of Article 123 (2) (limited to matters concerning the number), Articles 123 (6), 125 (2) (excluding matters concerning the class criteria), and 126 through 128 of the Local Autonomy Act, the following matters for Jeju Self-Governing Province may be prescribed by Provincial Ordinance: <Amended on Dec. 10, 2019; Jan. 12, 2021; Jul. 11, 2023> |
| 1. | Appointment of clerical public officials to the secretariat of the Provincial Council and procedures for such appointment; |
| 2. | Number and assigned duties of Vice Governors; |
| 3. | Standards for establishing and operating administrative bodies; |
| 4. | Standards for the fixed number of local public officials (including clerical public officials assigned to the Provincial Council); |
| 5. | Requirements for establishing organizations under the direct jurisdiction of the Governor, business offices, and branch offices; |
| 6. | Establishment of subordinate administrative bodies, etc. |
| (2) | One Vice Governor of Jeju Self-Governing Province assigned under paragraph (1) shall be appointed as a State public official under the main clause of Article 123 (2) of the Local Autonomy Act. <Amended on Jan. 12, 2021> |
| (4) | The Governor shall determine and publicly announce standards for establishing and managing administrative organizations in order to ensure the propriety in scale and streamlining of management of the relevant administrative organizations. |
| (5) | Notwithstanding Article 34 (1) of the Libraries Act, the occupation category of the director of a government public library shall be prescribed by Provincial Ordinance and the director of a public library shall be a person with expertise in the relevant field. <Amended on Dec. 7, 2021> |
| Article 45 (Establishment and Operation of Residents' Autonomous Center) |
| (1) | A residents' autonomous center shall be established in each Eup/Myeon/Dong to deal with the following: |
| 1. | Matters concerning promoting convenience and welfare of residents; |
| 2. | Matters concerning enhancing residents' autonomy; |
| 3. | Matters concerning forming local communities. |
| (2) | Each residents' autonomous center may establish a residents' autonomous council under its jurisdiction to deliberate on matters regarding the operation and management of a residents' autonomous center. In such cases, residents representing all walks of life shall fairly participate in such council. <Amended on Jul. 11, 2023> |
| (3) | For the expansion of residents' autonomy and efficient administrative operation, the Governor may partially subsidize operating expenses to the following: <Newly Inserted on May 29, 2016; Jan. 12, 2021> |
| (4) | Other matters necessary for the establishment and operation of a residents' autonomous center, the organization and operation of a residents' autonomous council, the subsidization of operating expenses, etc. prescribed in paragraph (3), shall be prescribed by Provincial Ordinance. <Amended on May 29, 2016> |
[Title Amended on May 29, 2016]
SECTION 2 Autonomy in Personnel Management System and its Management
| Article 46 (Special Cases concerning Classification of Occupational Groups and Categories) |
| (1) | Notwithstanding Article 4 (1) and (4) of the Local Public Officials Act, the Governor and the Superintendent of the Provincial Office of Education may combine local public officials of Grades II through IV in general service, into the occupational groups and categories prescribed by Provincial Ordinance; while the occupational groups and categories of the local public officials not exceeding Grade V in general service, may be partially combined or newly established, as prescribed by Provincial Ordinance. |
| (2) | Whenever occupational groups or categories are combined or newly established under paragraph (1), the Governor and the Superintendent of the Provincial Office of Education may change the method for preparing a list of candidates for promotion, as prescribed by Provincial Ordinance, following deliberation by the personnel committee of Jeju Self-Governing Province (hereinafter referred to as the "Provincial Personnel Committee") and the personnel committee of the Provincial Office of Education of Jeju Self-Governing Province (hereinafter referred to as the "Provincial Office of Education Personnel Committee"). In such cases, the newly established method shall begin to apply one year from the date of such change. <Amended on Dec. 10, 2019> |
| Article 47 (Special Cases concerning Personnel Management, including Provincial Personnel Committee) |
| (1) | The authority of the Minister of Education or the Minister of the Interior and Safety bestowed under Articles 30 (2) and 74 (2) of the Local Public Officials Act, shall be deemed the authority of the Superintendent of the Provincial Office of Education or the Governor, respectively. <Amended on Jul. 26, 2017> |
| (2) | Notwithstanding Article 7 (1) of the Local Public Officials Act, a personnel committee may be established in an administrative Si (hereinafter referred to as "personnel committee of an administrative Si") and in a district office of education (hereinafter referred to as "personnel committee of a district office of education"), respectively, as prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| (3) | Notwithstanding Articles 7 (2), (3), and (11), 8, 9 (1) and (2), 10 (2), 11, 32, 37 (1) and (4), 38 (excluding matters concerning the minimum working years, for each class, required for promotion), and 39 (excluding paragraphs (4) and (7)) of the Local Public Officials Act, the following matters may be prescribed by Provincial Ordinance: <Amended on Dec. 10, 2019; Oct. 8, 2021> |
| 1. | Matters concerning the organization of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education, and the appointment of their vice chairpersons; |
| 2. | Matters concerning the clerical employees of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education; |
| 3. | Matters concerning institutions administering various examinations; |
| 4. | Matters concerning the methods for appointing and recommending candidates for new employment; |
| 5. | Matters concerning the method of promotion and appointment, ranks of candidates for promotion and appointment, and the preparation of a list of candidates for promotion, and promotion examinations. |
| (4) | Matters to be prescribed by Presidential Decree under the provision, with the exception of the subparagraphs, of Article 7 (5), Articles 8 (3) and (4), 10 (4), 25-3, and 27 (4), the proviso of Article 29-2, Article 30-3, the latter part of Article 30-5 (2), Articles 34 and 34-2, the main clause of Article 35 (1), the latter part of Article 35 (2), Article 36 (1) and (2), the main clause of Article 36 (4), Articles 36 (5) and 39-2 (4), the proviso of Article 41-4 (2), the former part of Article 41-4 (3), the proviso of Article 46-3, the proviso, with the exception of the subparagraphs, of Article 63 (2), Articles 67-2 (6), 67-3, and 76 (3) of the Local Public Officials Act may be prescribed by Provincial Ordinance. <Amended on Oct. 8, 2021> |
| (5) | The chairpersons of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education established under paragraph (3) shall be elected by the Committee from among commissioned members thereof; while the number of commissioned members shall constitute a majority of the Provincial Personnel Committee, the Provincial Office of Education Personnel Committee, the personnel committee of an administrative Si, and the personnel committee of a district office of education, respectively. <Amended on Dec. 10, 2019> |
| (6) | Notwithstanding Article 25-2 of the Local Public Officials Act, matters concerning the fields which foreigners may be employed in and appointed to, as well as the terms and procedures of such employment and appointment, may be prescribed by Provincial Ordinance: Provided, That no foreigner may be employed for, or appointed to any job related to or involving the exercise of government power, national security, and confidential information. |
| (8) | Officials proficient in a foreign language may be preferentially treated in promotion, appointment, and employment, as prescribed by Provincial Ordinance. |
| (9) | Notwithstanding the Local Public Officials Act and other relevant statutes, the Governor or the Superintendent of the Provincial Office of Education may otherwise prescribe the following matters, as prescribed by Presidential Decree: <Amended on Dec. 10, 2019> |
| Article 48 (Special Cases concerning Position Classification System) |
| (1) | Notwithstanding Article 24 of the Local Public Officials Act, Jeju Self-Governing Province may implement the position classification system for public officials in general service, at the time prescribed by Province Ordinance. |
| Article 49 (Exemption from Control of Fixed Number Depending upon Total Amount of Budget in Nature of Personnel Expenditure) |
| (1) | Notwithstanding Article 125 (2) of the Local Autonomy Act, the establishment of administrative organizations of Jeju Self-Governing Province and the fixed numbers of public officials thereof shall not be managed by methods based on the total amount of budget in the nature of personnel expenditure, etc. <Amended on Jan. 12, 2021> |
| (2) | Whenever the Rules of Jeju Self-Governing Province are enacted, amended, or repealed in relation to the establishment of administrative organizations and the fixed numbers of public officials of Jeju Self-Governing Province, the Governor shall present the full text thereof to the Provincial Council without delay. |
SECTION 3 Personnel Management Based on Competency and Performance
| Article 50 (Performance-Based Contracting System) |
| (1) | Performance of a local public official of Grade IV or higher in general service in Jeju Self-Governing Province (hereinafter referred to as "official subject to evaluation") under Articles 38, 39 (5), and 76 of the Local Public Officials Act, shall be evaluated by methods, such as evaluating the level of achievement against the targets set forth in the relevant performance-based contract entered into (referring to an agreement between the official subject to evaluation and the evaluator concerning the utilization of performance targets, evaluation indicators, and evaluation results; hereinafter the same shall apply): Provided, That the Governor may evaluate the performance by conducting evaluation on the performance of the officials based on the relevant performance-based contracts, applying the standards for local public officials of at least Grade IV in general service, if he or she deems it proper to apply the method of evaluation based on the performance-based contract to the local public officials of Grade V or higher in general service (including public officials in research and technical advice services), as prescribed by Provincial Ordinance. |
| (2) | "Performance target" in paragraph (1) means a desirable level to which the results and performance of a public official's service shall attain as at the time the period for evaluation terminates; while "evaluation index" means an index for measuring whether the public official has reached his or her performance target. |
| (3) | Notwithstanding paragraph (1), a public official subject to evaluation may be exempted from such evaluation under the performance-based contract, if the period for which the public official actually remained in continuous service at the relevant grade, is less than three months due to temporary leave or removal from position, or on any other grounds. In such cases, his or her performance of service may be evaluated otherwise, as determined by the Governor. |
| (4) | Further details necessary for evaluation under the performance-based contract, including, but not limited to, the appointment of an evaluator and confirmer for performance-based contract; the base date of performance evaluation; amendment to the terms and conditions of performance-based contract; performance evaluation for dispatched officials; counseling in relation to performance-based contract; the disclosure of, and objection to the results of performance evaluation; and utilization of the results of performance evaluation, shall be prescribed by the Governor. |
| Article 51 (Extensive Enforcement of Performance-Based Remuneration System) |
| (1) | Public officials to whom the performance-based annual salary system shall apply may include persons employed or appointed to positions open to the public and subject to open competition, as prescribed by Provincial Ordinance, in addition to public officials to whom the performance-based annual salary system shall apply under Article 45 of the Local Public Officials Act, as well as other statutes enacted pursuant to that Act concerning remuneration. |
| (2) | The maximum and minimum annual salaries for public officials to whom the performance-based annual salary system applies under paragraph (1) and Article 45 of the Local Public Officials Act, and other statutes enacted pursuant to that Act concerning remuneration may be prescribed by Provincial Ordinance. In such cases, a proper measure shall be taken so that public officials who have outstanding service records and performance, may have preferential treatment in their annual salaries. |
| Article 52 (Qualification Examination System) |
| (1) | A local public official in general service of Grades I through III in Jeju Self-Governing Province and the Provincial Office of Education of Jeju Self-Governing Province shall be examined to determine whether he or she has quality standards and competency for the relevant grade or position (hereinafter referred to as "qualification examination”) in any of the following circumstances: <Amended on Dec. 10. 2019> |
| 1. | On every fifth anniversary after he or she is appointed as local public official in general service of Grade III: Provided, That a person appointed to a position open to the public during such period shall undergo such examination on every fifth anniversary from his or her appointment; |
| 2. | When he or she has been rated at the lowest level in the performance rating for two consecutive years, or has been rated at the lowest level for at least three years in total; |
| 3. | When he or she has not been assigned to any position without justifiable grounds under this Act or any relevant statute for two years in total. |
| (2) | The qualification examination specified in paragraph (1) 1 shall be conducted within six months from the date the relevant ground arises; while the qualification examination specified in paragraph (1) 2 and 3 shall be conducted within three months from the date the relevant ground arises. |
| (3) | The qualification examination shall be focused on the evaluation of performance and competency, and a public official shall be determined incompetent if it is deemed impracticable for him or her to continue his or her duties in the relevant grade or position: Provided, That any person who falls under the category provided for in paragraph (1) 1, shall be determined incompetent only if his or her performance constitutes the grounds specified in paragraph (1) 2, or if the period he or she has spent without being assigned to any position constitutes the grounds specified in paragraph (1) 3. |
| (4) | The qualification examination specified in paragraph (1) shall be conducted by the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee, and the results thereof shall be notified to the Governor or the Superintendent of Provincial Office of Education, and the relevant public officials. <Amended on Dec. 10, 2019> |
| (5) | The Governor or the Superintendent of the Provincial Office of Education shall require the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee to conduct the qualification examination for a public official under his or her jurisdiction, if he or she falls under any subparagraph of paragraph (1). <Amended on Dec. 10, 2019> |
| (6) | Matters concerning the detailed guidelines and procedures for the qualification examination under paragraphs (1) through (5), the determination and evaluation of quality standards and competency by grade and position of persons subject to such qualification examination, and other matters, shall be prescribed by Provincial Ordinance, following deliberation and a resolution by the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee. <Amended on Dec. 10, 2019> |
| Article 53 (Removal from Position and Ex Officio Dismissal) |
| (1) | The Governor or the Superintendent of the Provincial Office of Education may opt not to assign a position to any person for whom the qualification examination is requested on the grounds provided for in Article 52 (1) 2 or 3. <Amended on Dec. 10, 2019> |
| (2) | The Governor or the Superintendent of the Provincial Office of Education may ex officio dismiss a public official subject to qualification examination under Article 52 (1), if the public official is determined incompetent as a result of the qualification examination conducted under Article 52 (4). <Amended on Dec. 10, 2019> |
| Article 54 (Special Cases concerning Special Promotion of Outstanding Public Officials) |
Notwithstanding Article 39-3 (2) of the Local Public Officials Act, matters concerning the requirements for special promotion of outstanding public officials and other matters, may be prescribed by Provincial Ordinance. In such cases, the Ordinance shall provide that public officials meeting any of paragraph (1) 1 through 3 of the aforesaid Article will be treated preferentially.
| Article 55 (Special Cases concerning Special Promotion) |
| (2) | The number of persons eligible for special promotion under paragraph (1) shall be limited to the number of persons prescribed by Provincial Ordinance within 1/100 of the total number of public officials currently working for Jeju Self-Governing Province each year. In such cases, any fractional number shall be deemed one. |
| (3) | Except as provided in paragraphs (1) and (2), matters concerning the examination and operation of special promotion and restrictions thereon shall be prescribed by Provincial Ordinance. |
| Article 56 (Special Cases concerning Performance-Based Bonuses) |
| (1) | Notwithstanding Articles 45 (2) and 78 (3) of the Local Public Officials Act, the Governor or the Superintendent of the Provincial Office of Education shall pay a performance-based bonus under Articles 76 (2) and 78 (2) of that Act, in accordance with the table of base amounts of performance-based bonuses prescribed by Provincial Ordinance, to the public officials eligible under Provincial Ordinance, who have demonstrated good performance and service record, or who have made substantial contribution to administrative development, after examination by the examination committee for performance-based bonuses, within budgetary limits. <Amended on Dec. 10, 2019> |
| (2) | The methods of payment, payment classification, and amount of performance-based bonuses under Articles 76 (2) and 78 (2) of the Local Public Officials Act, shall be determined by the Governor or the Superintendent of the Provincial Office of Education. In such cases, measures shall be taken so that officials falling under paragraph (1) may have preferential treatment in the payment of performance-based bonuses. <Amended on Dec. 10, 2019> |
| (3) | Other matters necessary for the guidelines for, and scope of, payment of performance-based bonuses, the organization and management of the examination committee for performance-based bonuses, shall be prescribed by Provincial Ordinance. |
SECTION 4 Reinforcement of Autonomy in Operation of Personnel Management System
| Article 57 (Public Recruitment Positions) |
| (1) | The Governor or the Superintendent of the Provincial Office of Education may designate and operate some positions as public recruitment positions, if he or she deems necessary to appoint competent persons from among public officials inside and outside of the relevant organization, considering the nature and characteristics of the duties for the relevant positions so that the duties can be performed efficiently. <Amended on Dec. 10, 2019> |
| (2) | Matters necessary for the designation and operation of public recruitment positions, and other matters, shall be prescribed by Provincial Ordinance. |
| Article 58 (Nationwide Employment of Personnel) |
Persons not domiciled in Jeju Self-Governing Province may apply for employment examinations conducted for new employment by open competition prescribed by Provincial Ordinance.
| Article 59 (Selection and Employment of Local Talents) |
| (1) | The Governor or the Superintendent of the Provincial Office of Education may select college or university graduates and prospective graduates with outstanding academic achievements, to employ them for internship for by up to three years, as prescribed by Provincial Ordinance, and may employ persons deemed to have outstanding performance and quality standards during the internship period, as public officials not exceeding Grade VII, following deliberation by the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee at least one month before the expiry of such internship period. <Amended on Dec. 10, 2019> |
| (2) | Notwithstanding Article 28 (1) of the Local Public Officials Act, the appointment process for probationers may be exempted, where a person who has worked as an intern under paragraph (1) is to be employed as a public official not exceeding Grade VII. |
| Article 60 (Management of Positions by Fields) |
Unless a local public official assigned to a position at Grade III through V falls under any of the following cases, the Governor or the Superintendent of the Provincial Office of Education shall perform personnel management including, but not limited to, transfer, by classifying public officials into related fields of work, as prescribed by Provincial Ordinance, if necessary to train and manage the relevant public officials by specialized fields of work: Provided, That the same shall not apply where it is impracticable to classify public officials into the related fields of work, as prescribed by Provincial Ordinance: <Amended on Dec. 10, 2019>
| 1. | Where the position falls under a minor occupational category; |
| 2. | Where the nature of the relevant duty is extraordinary, or it is impracticable to conduct management of positions by field because it is likely to cause corruption of public officials if a certain position is held continuously as prescribed by Provincial Ordinance. |
| Article 61 (Personnel Exchanges and Dispatches between State and Jeju Self-Governing Province) |
| (1) | The Governor shall implement personnel exchange programs, following consultation with the heads of other local governments, State agencies, public organizations, overseas administrative organizations, and other institutions, within 5/100 of a fixed number of public officials under his or her jurisdiction, to improve their autonomous administrative skills and develop the capabilities of public officials under his or her jurisdiction. |
| (2) | The guidelines and methods for personnel exchange specified in paragraph (1) and other matters necessary for supporting officials subject to exchange, shall be prescribed by Provincial Ordinance. |
| (4) | The State shall fully cooperate with Jeju Self-Governing Province in personnel exchange in order to ensure uniformity in the management of the State policies and interaction between the State and Jeju Self-Governing Province. |
| Article 62 (Special Cases concerning Education and Training) |
| (3) | The Governor may designate and coordinate the position of the President of Jeju Human Resources Development Center as a position open to the public under Article 29-4 of the Local Public Officials Act. In such cases, the term of office of the President of Jeju Human Resources Development Center shall be two years. |
CHAPTER VI AUTONOMOUS EDUCATION
SECTION 1 Establishment and Organization of Board of Education
| Article 63 (Establishment of Board of Education) |
Notwithstanding Article 64 of the Local Autonomy Act, Jeju Self-Governing Province shall have a standing committee (hereinafter referred to as the "Board of Education") under the Provincial Council to deliberate and resolve on matters concerning education, science, technology, sports, and the arts (hereinafter referred to as "education, art, and science"). <Amended on Jan. 12, 2021>
| Article 64 (Organization of Board of Education) |
| (2) | The chairperson of the Board of Education shall be elected by secret ballot, by and from among the members of the Board of Education; and the member who obtains the most votes shall be appointed as chairperson. |
| (3) | The term of office of the chairperson of the Board of Education shall be two years. |
| (4) | The chairperson of the Board of Education may resign from the position with consent from the Board of Education. |
SECTION 2 Members of Board of Education
| Article 65 (Election of Members of Board of Education) |
| (1) | Notwithstanding Article 47 of the Public Official Election Act, no political party may recommend any candidate for election as a member of the Board of Education, and the provisions concerning the recommendation and registration of independent candidates without party affiliation for election as City/Do council members in local constituencies under Articles 48 and 49 of the Public Official Election Act, shall apply mutatis mutandis to the recommendation and registration of candidates as members of the Board of Education. |
| (2) | Except as provided in this Act, the provisions of the Public Official Election Act and the Political Funds Act concerning the election of City/Do council members in local constituencies shall apply mutatis mutandis to the election of the members of the Board of Education to the extent that does not contravene the nature of the election: Provided, That Article 48 of the Local Education Autonomy Act shall apply mutatis mutandis to the order of candidates to be listed on voting paper and other relevant matters. |
| Article 66 (Qualifications To Be Elected as Members of Board of Education) |
| (1) | A person who intends to become a candidate for members of the Board of Education must be eligible for election as a City/Do council member and one has not been a member of any political party for at least one year before the time filing of the application for registration of candidate commences. |
| (2) | A person who intends to become a candidate for members of the Board of Education shall have any of the following career experience for at least five years or career experience for at least five years in total as at the time filing of the application for registration of candidate commences: |
| 2. | Career experience in educational administration: Career experience in affairs concerning education and academic sciences as a State or local public official at an educational institution run by the State or a local government or career experience of serving as a public educational official defined in Article 2 (1) 2 or 3 of the Educational Officials Act. |
| Article 67 (Prohibition of Concurrent Offices) |
| (1) | No member of the Board of Education shall take any of the following offices concurrently: <Amended on Apr. 18, 2017; Jan. 12, 2021> |
| 2. | A Justice of the Constitutional Court, or a Commissioner of the Election Commission at all levels; |
| 4. | The owner of a private school or an executive officer or employee of a corporation that has established and runs a private school. |
| (2) | No member of the Board of Education shall engage in any transaction with an educational institution in Jeju Self-Governing Province for gain, or become a transferee or custodian of any facility or property related thereto. |
SECTION 3 Board of Education
| Article 68 (Matters To Be Resolved on by Board of Education) |
| (1) | The Board of Education shall deliberate and resolve on the following matters concerning education, art, and science in Jeju Self-Governing Province: |
| 2. | Budget bills and financial settlements; |
| 3. | Assessment and collection of special impositions, charges, fees, contributions, and subscription charges; |
| 4. | Bills for issuance of government bonds; |
| 5. | Establishment and management of funds; |
| 6. | Acquisition and disposition of important assets prescribed by Provincial Ordinance; |
| 7. | Installation, management, and disposition of public facilities prescribed by Provincial Ordinance; |
| 8. | Assumption of duties, other than budgets, or waiving of rights, except for those provided for in statutes and municipal ordinances; |
| 9. | Acceptance and handling of petitions; |
| 10. | Matters concerning exchanges and cooperation with foreign local governments; |
| 11. | Other matters under its authority as prescribed by statutes and Provincial Ordinance. |
| (2) | Each resolution passed by the Board of Education concerning the matters prescribed in paragraph (1) 6 through 11 shall be deemed a resolution passed at a plenary session of the Provincial Council. <Amended on Jul. 11, 2023> |
| (3) | The chairperson of the Board of Education shall hear from the Governor before the Board of Education passes a resolution on any of the following bills among the matters prescribed in paragraph (1) 6 through 11: <Amended on Jul. 11, 2023> |
| 1. | Bills of municipal ordinances concerning the imposition of financial burden or duties on residents; |
| 2. | Matters concerning the general account of Jeju Self-Governing Province. |
| Article 69 (Initiation and Transfer of Bills) |
| (1) | A bill concerning any matter provided in Article 68 (1) 6 through 11 shall be proposed by the Superintendent of the Provincial Office of Education or at least 1/3 of all incumbent members of the Board of Education who shall jointly sign the proposed bill. <Amended on Jul. 11, 2023> |
| (2) | Notwithstanding Article 76 (1) of the Local Autonomy Act, a bill concerning any matter provided in Article 68 (1) 1 through 5 shall be proposed by the Superintendent of the Provincial Office of Education, at least 1/5 of all incumbent Provincial Council members, or at least 10 members of the Board of Education who shall jointly sign the proposed bill. <Amended on Jan. 12, 2021; Jul. 11, 2023> |
| (3) | The Superintendent of the Provincial Office of Education shall pre-consult with the Governor before he or she presents to the Provincial Council, a bill falling under any subparagraph of Article 68 (3), concerning education, art, and science. |
| (4) | The chairperson of the Board of Education shall transfer a bill, which is deemed a resolution passed at a plenary session of the Provincial Council under Article 68 (2), to the Superintendent of the Provincial Office of Education within five days from the date such resolution is passed by the Board of Education, and shall report it to the Speaker of the Provincial Council. |
| (5) | A bill concerning any of the matters prescribed in Article 68 (1) 1 through 5 shall be transferred to the Superintendent of the Provincial Office of Education within five days from the date such resolution is passed at a plenary session of the Provincial Council. <Amended on Jul. 11, 2023> |
| Article 70 (Demand for Reconsideration and Promulgation of Municipal Ordinance concerning Education, Art, and Science) |
| (1) | Upon receipt of a bill of municipal ordinance concerning education, art, and science transferred under Article 69 (5), the Superintendent of the Provincial Office of Education shall promulgate it within 20 days. |
| (2) | Article 32 (3) through (8) of the Local Autonomy Act shall apply mutatis mutandis to the demand for reconsideration and promulgation of the bills of municipal ordinance under paragraph (1). In such cases, "head of a local government" shall be construed as "Superintendent of the Provincial Office of Education." <Amended on Jan. 12, 2021> |
| Article 71 (Quorums for Proceedings and Resolutions) |
| Article 72 (Minutes of Board of Education) |
| (1) | The Board of Education shall prepare minutes stating proceedings and results of each meeting, and the number and names of the members of the Board of Education present at each meeting. |
| (2) | Except as provided for in paragraph (1), matters necessary for the minutes of the Board of Education, including, but not limited to, the preparation, distribution, and disclosure of the minutes, and the notice to the Superintendent of the Provincial Office of Education of the results of the meeting, shall be prescribed by meeting by laws of the Provincial Council. |
| Article 73 (Assistance in Administrative Affairs of Board of Education) |
| (1) | The secretariat of the Provincial Council shall establish an organization and hire clerical staff to deal with the administrative affairs of the Board of Education and the Provincial Council concerning education, art, and science, as prescribed by Provincial Ordinance. |
| (2) | The clerical staff referred to in paragraph (1) shall be local public officials. |
| (3) | The clerical staff referred to in paragraph (1) shall be appointed by the Superintendent of the Provincial Office of Education, upon recommendation by the chairperson of the Board of Education. |
SECTION 4 Superintendent of Provincial Office of Education
| Article 74 (Election of Superintendent of Provincial Office of Education) |
| (1) | The Superintendent of the Provincial Office of Education shall be elected through general, equal, direct, and secret ballot by residents. |
| (2) | Except as otherwise expressly provided for in this Act, Chapters VI and VIII of the Local Education Autonomy Act shall apply mutatis mutandis to the election of the Superintendent of the Provincial Office of Education. |
| Article 75 (Qualifications to Become Candidates for Superintendent of Provincial Office of Education) |
| (1) | A person who intends to become a candidate for the Superintendent of the Provincial Office of Education must be eligible for election as a Mayor/Do Governor and one has not been a member of any political party for at least one year before the time filing of the application for registration of candidate commences. |
| (2) | A person who intends to become a candidate for the Superintendent of the Provincial Office of Education shall have career experience falling under any subparagraph of Article 66 (2) of at least five years or career experience falling under any subparagraph of that paragraph of at least five years in total as at the time filing of the application for registration of candidate commences. |
| Article 76 (Retirement of Superintendent of Provincial Office of Education) |
The Superintendent of the Provincial Office of Education shall retire from office, in any of the following circumstances:
| 2. | Where he or she becomes ineligible for election (including where he or she transfers his or her resident registration outside of Jeju Self-Governing Province); |
| 3. | Where he or she becomes a member of any political party. |
| Article 77 (Application Mutatis Mutandis of the Act on Resident Initiative and the Local Autonomy Act) |
| (1) | Articles 21, 113, 119 through 121, 165, and 168 of the Act on Resident Initiative and the Local Autonomy Act shall apply mutatis mutandis to the Superintendent of the Provincial Office of Education. In such cases, "local government" shall be construed as "Jeju Self-Governing Province;" "local government or the head thereof;" "head of a local government," and "City or Do, or Mayor or Governor thereof," "Mayor or Do Governor" as "Superintendent of the Provincial Office of Education," respectively; "Si, Gun, or autonomous Gu, or the head thereof" as "head of a District Office of Education;" "local council" as "Provincial Council or Board of Education;" and "Minister of the Interior and Safety" as "Minister of Education," respectively. <Amended on Jul. 26, 2017; Jan. 12, 2021; Oct. 19, 2021> |
| (2) | Notwithstanding paragraph (1), the Act on Resident Initiative shall apply to the requirements for a request for the enactment, amendment, or repeal of municipal ordinances. <Amended on Jul. 11, 2023> |
[Title Amended on Oct. 19, 2021]
| Article 78 (Relationship to the Local Education Autonomy Act) |
| 1. | "City or Do" shall be construed as "Jeju Self-Governing Province;" and "superintendent of the office of education" as "Superintendent of the Provincial Office of Education," respectively; |
| 2. | "Head of a Gu, branch office, or Eup/Myeon/Dong (referring to a Dong in the Special Metropolitan City, Metropolitan City, or Si; hereafter in this Article, the same shall apply)" in the former part of Article 26 (2) of that Act as "head of a branch office or Eup/Myeon/Dong;" and "head of a Gu, branch office, or Eup/Myeon/Dong" in the latter part of that paragraph, as "head of a branch office or Eup/Myeon/Dong," respectively. |
SECTION 5 Auxiliary Organizations and Educational Institutions Affiliated therewith
| Article 79 (Special Cases concerning Auxiliary Organizations) |
| (2) | Notwithstanding Article 30 (2) of the Local Education Autonomy Act, Deputy Superintendents (excluding the Deputy Superintendent appointed under the proviso of paragraph (1)) shall be appointed by the Superintendent of the Provincial Office of Education if such Deputy Superintendents are appointed as local public officials in extraordinary civil service. |
| (3) | Notwithstanding Articles 30 (5) and 33 (1) of the Local Education Autonomy Act, auxiliary organizations may be established under the jurisdiction of the Superintendent of the Provincial Office of Education as necessary, but matters necessary in relation to the establishment, management, and number of such auxiliary organizations, may be prescribed by Provincial Ordinance. |
| (4) | Notwithstanding Article 33 (2) of the Local Education Autonomy Act, no State public official, other than one Deputy Superintendent appointed under the proviso of paragraph (1), shall be assigned to any auxiliary organization established under the jurisdiction of the Superintendent of the Provincial Office of Education, an educational institution established under Article 32 of that Act, and a district office of education established under Article 80 of this Act: Provided, That such organization, institution, or office may have a State public official under Article 33 (2) of the Local Education Autonomy Act after consulting with the Minister of Education, if deemed necessary by the Superintendent of the Provincial Office of Education. |
| Article 80 (Special Cases concerning District Offices of Education) |
| (1) | Notwithstanding Article 34 (1) of the Local Education Autonomy Act, district offices of education having jurisdiction over each administrative Si shall be established in order to allocate the administrative affairs of Jeju Self-Governing Province concerning education, art, and science. |
| (4) | Matters necessary for the qualifications of the heads of the district offices of education to be employed through open recruitment under paragraph (3), procedures for open recruitment, the examination of candidates, and other matters, shall be prescribed by Provincial Ordinance. |
| Article 81 (Special Cases concerning Administrative Affairs Allocated to Heads of District Offices of Education) |
Notwithstanding Article 35 of the Local Education Autonomy Act, the head of a district office of education may conduct administrative affairs related to guidance and supervision over the operation and management of high schools as delegated, in addition to those provided for in the subparagraphs of that Article.
| Article 82 (Application Mutatis Mutandis of the Local Education Autonomy Act) |
Except as otherwise expressly provided for in this Act, Section 2 of Chapter III of the Local Education Autonomy Act shall apply mutatis mutandis to auxiliary organizations and educational institutions affiliated therewith. In such cases, "superintendent of education" shall be construed as "Superintendent of the Provincial Office of Education."
SECTION 6 Educational Finance
| Article 83 (Special Cases concerning General Subsidies) |
| (1) | Notwithstanding Article 5 of the Local Education Subsidy Act, general subsidies granted by the Minister of Education to Jeju Self-Governing Province shall be calculated at 157/10,000 of the total general subsidies granted under that Act. |
| (2) | Where deemed necessary to achieve the objectives of education in connection with the development of a free international city, the State may grant Jeju Self-Governing Province a special local education subsidy under the Local Education Subsidy Act, in addition to general subsidies granted under paragraph (1), as prescribed by Presidential Decree. |
| Article 84 (Special Cases concerning Rate, etc. of Transfer to Special Account for Educational Expenses) |
| (1) | Notwithstanding Article 11 (2) 3 of the Local Education Subsidy Act, a certain amount at the rate prescribed by Provincial Ordinance out of total Jeju Provincial taxes, shall be appropriated in the budget of the general account each fiscal year, and shall be transferred to the special account for educational expenses. The same shall also apply to any increase or decrease in the revised supplementary budget. |
| (2) | Notwithstanding Article 11 of the Local Education Subsidy Act, Jeju Self-Governing Province may subsidize schools of each level equivalent to or lower than high schools and higher educational institutions, funds necessary for the purchase of school sites, installation of facilities, or operation of schools. |
| Article 85 (Special Cases concerning Issuance of Local Government Bonds) |
Notwithstanding Article 139 (1) of the Local Autonomy Act and Article 11 of the Local Finance Act, which apply mutatis mutandis under Article 3 of Local Education Autonomy Act, the Superintendent of the Provincial Office of Education may issue local government bonds following a resolution thereon by the Provincial Council, if necessary for Jeju Self-Governing Province's projects related to education, art, and science. In such cases, where he or she intends to issue local government bonds in excess of the ceiling on the issuance of local government bonds prescribed by the Minister of Education, the presence of a majority of all incumbent Provincial Council members and the concurrent vote of at least 2/3 of the members present are required. <Amended on Jan. 12, 2021>
| Article 86 (Application Mutatis Mutandis of the Local Education Autonomy Act) |
Except as otherwise expressly provided for in this Act, Chapter IV of the Local Education Autonomy Act (excluding matters concerning Article 139 of the Local Autonomy Act, which apply mutatis mutandis under Article 3 of that Act), shall apply mutatis mutandis to educational finance. In such cases, “superintendent of education” shall be construed as "Superintendent of the Provincial Office of Education." <Amended on Jan. 12, 2021>
CHAPTER VII AUTONOMOUS POLICE
SECTION 1 General Provisions
| Article 87 (Relationship to Other Statutes) |
| (1) | Matters not provided for in this Act concerning autonomous police (referring to the police assigned under Article 88; hereinafter the same shall apply) and autonomous police officials, shall be governed by the Local Autonomy Act and the Local Public Officials Act. <Amended on Dec. 29, 2020> |
| (2) | The following shall govern to apply the Local Public Officials Act to autonomous police officials under paragraph (1): <Amended on Oct. 8, 2021> |
SECTION 2 Organization and Administrative Affairs of Autonomous Police
| Article 88 (Establishment of Organization for Autonomous Police) |
| (1) | The Autonomous Police Authority shall be established under the jurisdiction of the Jeju Special Self-Governing Provincial Autonomous Police Commission established under Article 18 of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as the "Autonomous Police Commission") to conduct the autonomous police affairs pursuant to Article 90. <Amended on Dec. 29, 2020> |
| (2) | Matters concerning the organization of the Autonomous Police Authority, the fixed number of autonomous police officials, etc., shall be prescribed by Provincial Ordinance. |
| Article 89 (Appointment of Head of Autonomous Police Authority) |
| (1) | The head of the Autonomous Police Authority shall be appointed by the Governor, and shall be subject to guidance and supervision of the Autonomous Police Commission. <Amended on Dec. 29, 2020> |
| (2) | An autonomous police official at the rank of autonomous superintendent general shall be appointed to the head of the Autonomous Police Authority: Provided, That the position may be designated and operated as a position open to the public, if deemed necessary by the Governor. |
| (3) | Where the Governor intends to designate and administer the position of the head of the Autonomous Police Authority as a position open to the public, he or she shall appoint any of the following persons under the age of 60 as at the expiry date of the term of office, to the position. In such cases, such appointment shall be deliberated and resolved upon in advance by the Personnel Committee for Autonomous Police Officials established under Article 108: <Amended on Dec. 22, 2020> |
| 1. | An autonomous police official who is at the rank eligible for appointment as the head of the Autonomous Police Authority, or who is at the rank a step lower than the eligible rank, but who has served the minimum period by rank for promotion under Article 112 (5) and (6); |
| 2. | A police official qualified equivalently to that provided for in subparagraph 1; |
| 3. | A person who has at any time fallen under subparagraph 1 or 2, but two years have not passed since his or her retirement; |
| 4. | A person who has served as a judge, public prosecutor, or lawyer for at least five years. |
| (4) | The procedures for appointment and term of office of the head of the Autonomous Police Authority, where the position is designated and administered as a position open to the public, shall be prescribed by Provincial Ordinance. |
| Article 90 (Administrative Affairs) |
The Autonomous Police Authority shall be responsible for the following administrative affairs (hereinafter referred to as "autonomous police affairs"):
| 1. | Affairs related to the security of residents' livelihood: |
| (a) | Patrol and management of facilities for the security of residents' livelihood; |
| (b) | Support and guidance for residents' voluntary crime prevention activities; |
| (c) | Protection of residents from safety accidents, disasters, etc.; |
| (d) | Protection of children, juveniles, senior citizens, women, and others in need of social protection; prevention of domestic and school violence; |
| (e) | Maintenance of public order related to residents' daily lives; regulation of and control over violations of public order; |
| 2. | Affairs related to local traffic: |
| (a) | Affairs related to traffic safety and traffic control; |
| (b) | Guidance and control over violations of traffic rules; |
| (c) | Support and guidance for residents' voluntary activities for local traffic; |
| 3. | Affairs related to locally guarding public facilities, local event venues, etc.; |
| Article 91 (Conclusion of Agreement with National Police) |
| (1) | Notwithstanding Article 90, an agreement shall be concluded between the Governor and the Commissioner of the Jeju Special Self-Governing Provincial Police Agency concerning the allocation of administrative affairs between the National Police and the Autonomous Police and the method for conducting such administrative affairs in dealing with the administrative affairs prescribed in subparagraphs 1 through 3 of that Article, and the agreement shall be publicly announced. In such cases, the Governor shall first consider the opinion of the Autonomous Police Commission. <Amended on Dec. 22, 2020; Dec. 29, 2020> |
| (2) | Where the parties to the agreement fail to conclude the agreement due to a dispute between the parties in concluding the agreement under paragraph (1), the Minister of the Interior and Safety may arbitrate such dispute, upon request by the parties to the agreement, following deliberation and resolution by the Korean National Police Commission established under Article 7 of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as the "Korean National Police Commission"): Provided, That even where no request has been made by the parties to the agreement, the Minister of the Interior and Safety may arbitrate different opinions following deliberation and resolution by the Korean National Police Commission, where he or she deems that prompt arbitration is required where a deadlock in concluding the agreement substantially hinders public interest. <Amended on Jul. 26, 2017; Dec. 22, 2020> |
| (3) | When the Minister of the Interior and Safety has arbitrated a dispute in concluding the agreement under paragraph (2), he or she shall, without delay, give written notice of the arbitration to the parties to the agreement, and the parties to the agreement in receipt of the written notice shall incorporate the details of the arbitration in the agreement. <Amended on Jul. 26, 2017> |
| (4) | Matters necessary for the standards for allocation of administrative affairs between the National Police and the Autonomous Police, the method for conducting such affairs, and public announcement of the agreement prescribed in paragraph (1), shall be prescribed by Provincial Ordinance. In such cases, the opinion of the Commissioner of the Jeju Special Self-Governing Provincial Police Agency shall be sought. <Amended on Dec. 22, 2020> |
SECTION 3 Target, Evaluation, and Management of Autonomous Police Activities
| Article 92 (Setting and Evaluation of Target of Autonomous Police Activities) |
| (1) | The Autonomous Police Commission shall annually set and publicly announce the targets of autonomous police activities, upon considering the opinion of the Governor. <Amended on Dec. 29, 2020> |
| (2) | The Autonomous Police Commission shall annually evaluate autonomous police activities based on the targets set under paragraph (1), and shall announce the results thereof, upon considering the opinion of the Governor. <Amended on Dec. 29, 2020> |
| Article 93 (Management of Autonomous Police) |
| (1) | The Governor shall formulate a management plan of human resources, equipment, etc. to keep the organization and scale of Autonomous Police in proper condition and rationalize its management. |
| (2) | The Governor shall establish offices, arms depots, and other facilities necessary for conducting Autonomous Police affairs, maintain a close liaison system with the National Police at all time, and shall be equipped with facilities, including, but not limited to, wired and wireless communications networks for such system. |
| Article 94 Deleted. <Dec. 29, 2020> |
| Article 95 Deleted. <Dec. 29, 2020> |
SECTION 5 Performance of Duties by Autonomous Police
| Article 96 (Application Mutatis Mutandis of the Act on the Performance of Duties by Police Officers) |
| (1) | Articles 3 through 7, 10, 10-2 through 10-4, 11, 11-2, and 12 of the Act on Performance of Duties by Police Officers shall apply mutatis mutandis to the performance of autonomous police affairs by autonomous police officials. <Amended on Jul. 11, 2023> |
| 1. | "Police officer" shall be construed as "autonomous police official"; |
| 2. | "Police station, area patrol unit, police substation, or branch station (including a local coast guard office or station; hereinafter referred to as "police station or department") in the former part of Article 3 (2) of the Act on Performance of Duties by Police Officers, shall be construed as "police station, area patrol unit, police substation, or branch station (including a local coast guard office or station), or office of the Autonomous Police Authority;" “police station or department” in Article 3 (6) of that Act, shall be construed as “police station, area patrol unit, police substation, or branch station (including a local coast guard office or station), or office of the Autonomous Police Authority;” and "police station or department" in the main clause of Article 4 (1), and Article 4 (3) and (7) of that Act, shall be construed as "office of the Autonomous Police Authority," respectively; and "chief of a police station or a local coast guard office or station to which the police officer belongs" in Article 4 (5) and (6) of that Act, shall be construed as "head of the Autonomous Police Authority," respectively. |
| Article 97 (Use of Weapons and Equipment) |
| (2) | Where an autonomous police official has used a weapon, the name of the user of the weapon, and the date, time, place, and object of, and reason for, such use, shall be notified immediately to the Commissioner of the Jeju Special Self-Governing Provincial Police Agency via the head of the Autonomous Police Authority to whom the police official belongs. <Amended on Dec. 22, 2020> |
| (3) | Each piece of police equipment used by autonomous police officials shall be clearly marked so that it can be distinguished from pieces used by the national police. |
| Article 98 (Measures to Be Taken when Discovering Crimes) |
| (1) | When an autonomous police official discovers any crime in the course of performing his or her duties, he or she shall immediately inform the Commissioner of the Jeju Special Self-Governing Provincial Police Agency or the chief of a police station (including the chief of a coast guard station) of the details of the crime or evidence via the head of the Autonomous Police Authority, and shall transfer such case: Provided, That the same shall not apply to crimes falling under the duties prescribed in subparagraph 4 of Article 90, and offences subject to disposition of notification under Article 7 of the Punishment of Minor Offences Act and Article 163 of the Road Traffic Act. <Amended on Jul. 26, 2017; Dec. 22, 2020> |
| (2) | When an autonomous police official discovers a flagrant offender and arrests him or her at the crime scene, he or she shall immediately transfer custody of the offender to a police official: Provided, That the same shall not apply if he or she arrests a flagrant offender at the crime scene in the course of performing his or her duties prescribed in subparagraph 4 of Article 90. <Amended on Dec. 22, 2020> |
| (3) | Where an autonomous police official arrests a flagrant offender at the crime scene under paragraph (2), he or she shall state an outline of the relevant offence to the offender, the reasons for arrest, and the offender's right to appoint an attorney, and shall provide the offender with an opportunity to defend himself or herself. |
Autonomous police officials shall wear the uniform prescribed by Provincial Ordinance, and such uniform shall be distinguishable from that of police officials. <Amended on Dec. 22, 2020>
SECTION 6 Relation between Police Organizations
| Article 100 (Mutual Cooperation between National Police and Autonomous Police) |
| (1) | National Police and Autonomous Police shall mutually cooperate, providing information and techniques necessary within the scope of autonomous police affairs in order to ensure correlation in public security administration and provide public security services appropriate for local conditions. |
| (2) | National Police or Autonomous Police may jointly use wired and wireless communications networks and facilities within the extent necessary for performing their duties. |
| (3) | The Governor and the Commissioner of the Jeju Special Self-Governing Provincial Police Agency shall inform each other of the current status of, and plans for, management of police manpower and equipment in order to efficiently manage police manpower, equipment, etc. In such cases, matters concerning the procedures, methods, etc. for providing such information shall be prescribed by Provincial Ordinance, upon considering the opinion of the Commissioner of the Jeju Special Self-Governing Provincial Police Agency. <Amended on Dec. 22, 2020> |
| Article 101 (Police Statistics) |
The Governor shall inform the Commissioner of the Jeju Special Self-Governing Provincial Police Agency of the current status of crime control, police equipment, and other statistical data of the relevant jurisdiction. <Amended on Dec. 22, 2020>
| Article 102 (Notice of Provincial Ordinances and Rules) |
When the Governor enacts, repeals, or amends a Provincial Ordinance or Rule related to the administrative affairs or management of Autonomous Police, he or she shall notify the Commissioner of the Jeju Special Self-Governing Provincial Police Agency thereof, along with the full text, within 10 days from the date a bill of Provincial Ordinance is transferred from the Provincial Council in cases of a bill of the relevant Provincial Ordinance, or within 15 days from the scheduled promulgation date in cases of a bill of the relevant Rules. <Amended on Dec. 22, 2020>
SECTION 7 Support and Supervision of Autonomous Police
| Article 103 (Financial Support) |
The State may subsidize expenses incurred in establishing and managing the Autonomous Police by Jeju Self-Governing Province.
| Article 104 (Corrective Orders) |
| (1) | The Minister of the Interior and Safety shall first consider the opinions of the Korean National Police Commission when intending to issue a corrective order in relation to autonomous police affairs under Article 188 of the Local Autonomy Act. <Amended on Jul. 26, 2017; Dec. 22, 2020; Jan. 12, 2021> |
| (2) | The Minister of the Interior and Safety shall first consider the opinions of the Korean National Police Commission when intending to request reconsideration of a resolution passed by the Provincial Council in relation to autonomous police affairs under Article 192 of the Local Autonomy Act. <Amended on Jul. 26, 2017; Dec. 22, 2020; Jan. 12, 2021> |
| Article 105 (Audit and Inspection of Administrative Affairs of Autonomous Police) |
The Governor may request the Commissioner of the Jeju Special Self-Governing Provincial Police Agency or a chief of a police station to participate in an audit and inspection when conducting the audit and inspection of the administrative affairs of the Autonomous Police under Article 131. <Amended on Dec. 22, 2020>
SECTION 8 Autonomous Police Officials
| Article 106 (Classification of Ranks) |
The ranks of the autonomous police officials shall be classified as follows:
| 1. | Autonomous superintendent general; |
| 2. | Autonomous senior superintendent; |
| 3. | Autonomous superintendent; |
| 4. | Autonomous senior inspector; |
| 6. | Autonomous assistant inspector; |
| 7. | Autonomous senior police officer; |
| 8. | Autonomous police officer. |
| Article 107 (Appointment Authority) |
The Governor shall have the authority to appoint, suspend from service, discharge, and punish, autonomous police officials under his or her jurisdiction.
| Article 108 (Establishment of Personnel Committee for Autonomous Police Officials) |
| (1) | A Personnel Committee for Autonomous Police Officials (hereinafter referred to as the "Autonomous Police Personnel Committee") shall be established to deliberate and resolve on matters concerning personnel management of autonomous police officials. |
| (2) | The chairperson of the Autonomous Police Personnel Committee shall be elected, by and from among the members commissioned under paragraph (3). |
| (3) | Articles 7, 8 (2), 9 (excluding matters concerning the chairperson of the Autonomous Police Personnel Committee under paragraph (1)), 9-2, 10, 10-2, 10-3, and 11 of the Local Public Officials Act shall apply mutatis mutandis to matters concerning the organization and operation of the Autonomous Police Personnel Committee. In such cases, "personnel committee" shall be construed as "Autonomous Police Personnel Committee;" "public official of the relevant local government (including State public officials)" in the main clause of Article 7 (5) as "autonomous police official or police official;" and "public official (including State public officials)" in subparagraph 3 of that paragraph as "autonomous police official or police official," respectively. <Amended on Dec. 10, 2019; Dec. 22, 2020> |
| Article 109 (Functions of Autonomous Police Personnel Committee) |
The Autonomous Police Personnel Committee shall take charge of the following affairs: <Amended on Dec. 10, 2019>
| 1. | Preliminary deliberation on the recruitment plan of autonomous police officials; |
| 2. | Administration of various examinations for the employment and appointment of autonomous police officials; |
| 3. | Adoption of prior resolutions on guidelines for position management, promotion, transfer, employment, and appointment of autonomous police officials upon request by the Governor; |
| 4. | Preliminary deliberation on the promotion, appointment, and employment of autonomous police officials; |
| 5. | Adoption of resolutions on the punishment of autonomous police officials upon request by the Governor and adoption of resolutions on the imposition of disciplinary surcharges under Article 69-2 of the Local Public Officials Act; |
| 6. | Preliminary deliberation on Bills of Provincial Ordinance and Rules related to the personnel management of autonomous police officials as presented by the Governor to the Provincial Council; |
| 7. | Matters concerning designation and management of positions open to the public by the Head of the Autonomous Police Authority; |
| 8. | Other matters referred to the committee by the Governor concerning the personnel management of autonomous police officials. |
| Article 110 (New Employment) |
| (1) | Autonomous police officials shall be newly employed through open competition. |
| (2) | Any of the following persons may be newly employed as an autonomous police official (hereinafter referred to as "special employment") through a special employment examination: <Amended on Dec. 22, 2020> |
| 1. | A police official, if newly employed as an autonomous police official at the rank equivalent to his or her current rank; |
| 2. | A retired autonomous police or police official, if re-employed within two years from his or her date of retirement as an autonomous police official at the same rank as he or she held at the time of retirement or at the rank equivalent to that previously held; |
| 3. | A holder of a qualification certificate related to the prospective duty for which he or she will be employed, if it is inappropriate to employ an officer through open competition; |
| 4. | A person who has a record of service or research for, or expert knowledge about security guard duties of tourist attractions, environmental infrastructure, harbors, natural parks, public office buildings, etc. for at least five years; |
| 6. | A person employed on a condition to work in a special area, such as an island or remote area; |
| 7. | A person who is proficient in a foreign language. |
| (3) | Special employment specified in paragraph (2) may be made by means of qualified competition for many persons falling under identical grounds. |
| (4) | A special examination for employment may be omitted where a police official is employed as an autonomous police official under paragraph (2) 1. <Amended on Dec. 22, 2020> |
| (5) | Matters necessary in relation to the ranks of autonomous police officials eligible for special employment under paragraph (2); classification of qualification certificates related to prospected jobs for employment; records of service or research; and restrictions on transfer; and other matters; shall be prescribed by Provincial Ordinance. |
| Article 111 (Personnel Exchanges between National Police Officials and Autonomous Police Officials) |
| (1) | The Commissioner General of the National Police Agency and the Governor shall endeavor to promote close personnel exchanges between national police and autonomous police or between the autonomous police authorities of different local governments in order to develop the abilities of autonomous police officials and enhance correlation between national police affairs and autonomous police affairs. |
| (2) | In promoting personnel exchanges under paragraph (1), the Governor shall consult with the relevant appointing authority so that autonomous police officials under his or her jurisdiction can work for the national police agency or other autonomous police organizations within 5/100 of the quota of the autonomous police officials each year. |
| (3) | Matters necessary in relation to guidelines, methods, and procedures for personnel exchange under paragraph (2) shall be prescribed by Provincial Ordinance. In such cases, the Governor shall consider the opinions of the Commissioner of the Jeju Special Self-Governing Provincial Police Agency. <Amended on Dec. 22, 2020> |
| (1) | The promotion of autonomous police officials shall be conducted for autonomous police officials at one step immediately lower in rank by scrutinizing candidates' records of service, evaluation of career experience, and other capabilities. |
| (2) | The promotion of autonomous police officials shall be done through an promotion examination: Provided, That, a promotion examination may be conducted simultaneously in accordance with the rate prescribed by Provincial Ordinance, in cases of the promotion to the rank of Autonomous Superintendents or lower. |
| (3) | In cases of autonomous police officials at the rank of Autonomous Superintendent or lower, the Governor shall prepare a list of candidates for promotion by rank in compliance with Provincial Ordinance. |
| (4) | The Autonomous Police Personnel Committee shall examine and select candidates for promotion in the priority order of promotion candidates prepared under paragraph (3) (excluding candidates for promotion who have passed the promotion examination prescribed in the proviso of paragraph (2)) within the extent prescribed by Provincial Ordinance and register them in the list of candidates for promotion. |
| (5) | The minimum number of years of service by rank required for the promotion of autonomous police officials, shall be prescribed by Presidential Decree: Provided, That the periods for layoff, dismissal from position, and punishment shall be disregarded in calculating the minimum number of years of service by rank. |
| (6) | The counting of the minimum number of years of service by rank under paragraph (5), limitations in promotion, and other matters necessary for promotion, shall be prescribed by Provincial Ordinance. |
| Article 113 Deleted. <Jul. 11, 2023> |
| Article 114 (Institutions Administering Examinations, Eligibility to Take Examinations) |
| (1) | Notwithstanding subparagraph 2 of Article 109, the Governor may entrust the administration of various examinations for employment and appointment to the Commissioner General of the National Police Agency or the Commissioner of the Jeju Special Self-Governing Provincial Police Agency, as prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020> |
| (2) | Eligibility to take various examinations under paragraph (1), examination methods, and other matters necessary for administering examinations for employment and appointment, shall be prescribed by Provincial Ordinance. |
| Article 115 (Education and Training) |
| (1) | The Governor shall ensure that all autonomous police officials are given equal opportunities for education and training. |
| (2) | The Governor shall require autonomous police officials to complete the prescribed educational courses in order to enhance their expertise and skills related to public security activities and application capabilities thereof. In such cases, the education and training of autonomous police officials may be entrusted to an educational and training institute for the National Police Agency. |
| (3) | Where the Governor intends to entrust the education and training of autonomous police officials under the latter part of paragraph (2), the Governor shall formulate a plan for education and training of autonomous police officials for the following year and submit it to the Commissioner General of the National Police Agency. |
| Article 116 (Ex Officio Dismissal) |
| (1) | The Governor may dismiss an autonomous police official from office, in any of the following cases: |
| 2. | Where he or she significantly lacks ability or integrity to perform his or her duties to be found as incompetent as an autonomous police official and so determined that he or she falls under one of the grounds prescribed by Provincial Ordinance; |
| 3. | Where it is found impracticable for him or her to perform his or her duties due to a bad trait in his or her character or morality, and so determined that he or she falls under one of the grounds prescribed by Provincial Ordinance. |
| (2) | The Governor shall first consider the opinion of the Autonomous Police Personnel Committee before dismissing an officer from office under paragraph (1): Provided, That he or she shall obtain approval from the relevant Autonomous Police Personnel Committee before dismissing an autonomous police official from office pursuant to paragraph (1) 2 or 3 hereof, or Article 62 (1) 5 of the Local Public Officials Act. |
| Article 117 (Retirement Age) |
The retirement age of an autonomous police official shall be 60.
| Article 118 (Punishment Procedures) |
| (1) | Punishment of an autonomous police official shall be conducted by the Governor, following a resolution adopted by the Autonomous Police Personnel Committee. |
| (2) | If the Governor deems that a resolution passed by the Autonomous Police Personnel Committee is light, he or she may request the Autonomous Police Personnel Committee to reconsider its resolution before making any disposition. In such cases, the Governor may appoint a public official as his or her representative. |
| Article 119 (Application Mutatis Mutandis of the Police Officials Act) |
| (1) | Articles 8, 11, 12, 13, 16, 18, 19, 21, 24, 25, 27, and 29 of the Police Officials Act shall apply mutatis mutandis to the personnel management of autonomous police officials. <Amended on Dec. 22, 2020; Jul. 11, 2023> |
| (2) | In applying mutatis mutandis the Police Officials Act under paragraph (1), "police official" shall be construed as "autonomous police official"; "autonomous police official" as "police official"; "Commissioner General of the National Police Agency or Chief of the Korea Coast Guard" as "Governor"; "Superintendent General" as "autonomous senior superintendent"; "superintendent" as "autonomous superintendent"; "assistant inspector" as "autonomous assistant inspector"; " senior patrol officer" as "autonomous senior police officer"; "patrol officer" as "autonomous police officer"; Article 68 of the State Public Officials Act" in Article 13 (3) of that Act as "Article 60 of the Local Public Officials Act"; "Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 16 (1) and paragraph (3) of that Article as "Provincial Ordinance"; Article 40-4 (1) 1 through 4 of the State Public Officials Act" in Article 19 (1) 1 of that Act as "Article 39-3 (1) 1 through 4 of the Local Public Officials Act"; "Article 71 (1) 4 of the State Public Officials Act" in Article 29 (1) of that Act as "Article 63 (1) 3 of the Local Public Officials Act"; and "subparagraph 3 of Article 72 of that Act" as "subparagraph 3 of Article 64 of the Local Public Officials Act." <Amended on Jul. 26, 2017; Dec. 22, 2020; Jul. 11, 2023> |
CHAPTER VIII AUTONOMOUS FINANCE
| Article 120 (Jeju Special Self-Governing Provincial Taxes) |
| (2) | Where the Framework Act on Local Taxes and other statutes cite local taxes, Provincial taxes, or Si/Gun taxes, they shall be deemed to include Jeju Provincial taxes and the relevant statutes shall apply. |
| Article 121 (Special Cases concerning Local Taxes) |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under the main clause of Article 19, subparagraph 4 of Article 19, Articles 30 (2) and (3), 46 (1) and (2), 63 (2), and 64 (1), the proviso of Article 130 (3), and Articles 131 (4) and 152 (3) of the Local Tax Act, shall be prescribed by Provincial Ordinance. <Amended on Dec. 27, 2016; Jul. 26, 2017; Dec. 10, 2019> |
| Article 122 (Special Cases concerning Reduction and Exemption of Tax Amount) |
Notwithstanding Articles 6, 8, 10 through 14, 15, 18 through 21, 23 through 31, 32, 34, 35, 36 through 40, 40-2, 42, 45 through 47, 48, 49, 52 through 54, 56, 58, 59, 60, 62, 63, 64, 69, 71, 72, 75 through 81, 85, 86 through 88, 177, 179, 180, 183, and 184 of the Restriction of Special Local Taxation Act, Jeju Self-Governing Province may increase or decrease acquisition taxes, registration and license taxes, property taxes, and taxes on local resource facilities to be imposed on real estate located in Jeju Self-Governing Province by up to 50/100 of the amount of reduction or exemption thereof, as prescribed by Provincial Ordinance.
| Article 123 (Special Cases concerning Tax Rate Adjustment) |
| (1) | Notwithstanding the tax rates set by the Local Tax Act (including standard tax rates and base rate for heavy taxation; hereinafter the same shall apply), the following tax rates of Jeju Self-Governing Provincial Tax may be increased or decreased, as prescribed by Provincial Ordinance, by up to 100/100 of the standard tax rate for the corresponding tax item set by the Local Tax Act: Provided, That if the tax rate of local resource facility tax is adjusted by Provincial Ordinance under subparagraph 6, the tax rate for buildings vulnerable to fire under Article 146 (3) 2 of that Act shall be 200/100 of the adjusted tax rate, and that for large buildings vulnerable to fire under Article 146 (3) 2-2 of that Act shall be 300/100 of the adjusted tax rate: <Amended on Dec. 31, 2019; Dec. 29, 2020; Jul. 11, 2023> |
| 1. | Land subject to general aggregate taxation: The tax base shall be either the aggregate amount of the values of the lots of land subject to general aggregate taxation owned by a taxpayer at Dong areas in each administrative Si (excluding part of Dong areas prescribed by Provincial Ordinance as being inappropriate for inclusion in Dong areas; hereafter in this Article, the same shall apply) or the aggregate amount of the values of the lots of land subject to general aggregate taxation owned by a taxpayer at Eup/Myeon areas in each administrative Si (including part of Dong areas prescribed by Provincial Ordinance as being inappropriate for inclusion in Dong areas; hereafter in this Article, the same shall apply), to which the property rate prescribed by Provincial Ordinance under paragraph (1) 4 shall apply, respectively; |
| 2. | Land subject to separate taxation: The tax base shall be either the aggregate amount of the values of the lots of land subject to separate taxation owned by a taxpayer at Dong areas in each administrative Si, or the aggregate amount of the values of the lots of land subject to separate aggregate taxation owned by a taxpayer at Eup/Myeon areas in each administrative Si, to which the property rate prescribed by Provincial Ordinance under paragraph (1) 4 shall apply, respectively. |
| (3) | Notwithstanding Article 42 of the Local Tax Act, the leisure tax rate may be increased or decreased, as prescribed by Provincial Ordinance, by up to 100/100 of the leisure tax rate set under Article 42 (2) of that Act. |
| (4) | Notwithstanding Article 34 of the Local Tax Act, the registration and license tax rates on licenses for other Sis referred to in Article 34 (1) of that Act, shall apply to Dong areas in each administrative Si; while the registration and license tax rates on licenses for Guns referred to in Article 34 (1) of that Act, shall apply to Eup/Myeon areas in each administrative Si. In such cases, the rate may be increased or decreased, as prescribed by Provincial Ordinance, by up to 100/100 of the registration and license tax rate on the relevant licenses. |
| (5) | Notwithstanding Articles 81 (1) and 84-3 (1) of the Local Tax Act, the maximum tax rate of the resident tax for pro rata place of business portion (limited to tax amounts imposed under Article 81 (1) 2 of the Local Tax Act; hereafter in this paragraph, the same shall apply) and for pro rata employee portion shall be as follows, but the tax rates on places of business discharging pollutants under the proviso of Article 81 (1) 2 of that Act shall range from not more than the tax rate referred to in subparagraph 1 to 200/100 of the tax rate prescribed by Provincial Ordinance (500 won, if the rate is less than 500 won per square meter of the total ground area of the place of business): <Amended on Dec. 29, 2020> |
| 1. | Resident tax for pro rata place of business portion: 500 won per square meter of the total ground area of the place of business; |
| 2. | Resident tax for pro rata employee portion: 1/100 of the total wages of all employees. |
| Article 124 (Special Cases concerning Local Subsidies) |
Notwithstanding Article 6 (1) of the Local Subsidy Act, the Minister of the Interior and Safety shall grant Jeju Self-Governing Province general subsidies in an amount equivalent to 3/100 of the total amount of general subsidies granted under that Act. <Amended on Jul. 26, 2017>
| Article 125 (State's Financial Aid to Jeju Self-Governing Province) |
| (1) | The State shall guarantee that its financial aid to Jeju Self-Governing Province shall be at least at the same level as the financial aid it has provided before the establishment of Jeju Self-Governing Province. |
| (2) | The State may establish a separate account in the special account for balanced regional development under the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development for expenses incurred in the devolution of authority by the central administrative agencies and the execution of various projects subsidized by the State to secure financial stability for the development of Jeju Self-Governing Province. <Amended on Mar. 20, 2018; Jun. 9, 2023> |
| Article 126 (Special Cases concerning Issuance of Local Government Bonds) |
Notwithstanding Article 11 of the Local Finance Act, the Governor may issue local government bonds in excess of the ceiling on the issuance of foreign currency bonds and local government bonds, following a resolution adopted by the Provincial Council, if necessary for executing projects related to the development of Jeju Self-Governing Province. In such cases, the presence of a majority of all incumbent Provincial Council members and the concurrent vote of 2/3 of the members present are required to issue local government bonds in excess of the ceiling on the issuance of local government bonds prescribed by Presidential Decree under Article 11 (2) of the Local Finance Act.
| Article 127 (Residents' Participation in Compilation of Budget) |
| (1) | The Governor shall facilitate residents' participation in the process of budget compilation through public submissions or by other means. |
| (2) | The scope of budgeting open to residents' participation, the method of, and procedure for, selection of participating residents, and other necessary matters concerning residents' participation, shall be prescribed by Provincial Ordinance. |
| Article 128 Deleted. <Dec. 10, 2019> |
| Article 129 (Special Cases concerning Management of Local Public Enterprises) |
| (2) | Where a local public enterprise invests in a corporation that meets the following requirements to engage in electric generation business utilizing wind power under Article 303 (1), the total investment limit of the relevant local public enterprise shall be prescribed by Presidential Decree within 25/100 of its capital as at the end of the immediately preceding business year, notwithstanding Article 54 (3) of the Local Public Enterprises Act: <Newly Inserted on Dec. 10, 2019> |
| 1. | It shall be a corporation in which residents who meet the requirements prescribed by Provincial Ordinance have invested, such as persons who have been registered as residents for at least one year in an area where wind power generation facilities are installed; |
| 2. | It shall be a corporation in which residents referred to in subparagraph 1 have invested at a rate of at least that prescribed by Provincial Ordinance, which is at least 10/100. |
| Article 130 (Special Cases concerning Management of Public Property and Commodity) |
Matters to be prescribed by Presidential Decree under subparagraph 1 of Article 11, Articles 20 (2) 1, 22 (1), 23 (1), 24 (1) 4 and (2), 25 (3), and 28 (2), the proviso of Article 29 (1), Articles 29 (2) and 30, the proviso of Article 31 (1), Articles 32 (1), 34 (1) 2 and (2), and 35 (3), the main clause of and proviso of Article 37 (1), Articles 39 (2), 40 (1) 5, 43, 43-2 (1), 43-4, 55 (1) and (2), 64, 74 (3), 76 (2), and 84, the latter part of the main clause of Article 85, and Article 96 (3) of the Public Property and Commodity Management Act, may be prescribed by Provincial Ordinance.
CHAPTER IX AUDIT AND INSPECTION COMMITTEE
| Article 131 (Establishment and Duties of Audit and Inspection Committee) |
| (1) | Notwithstanding Article 190 of the Local Autonomy Act (including cases applied mutatis mutandis under Article 3 of the Local Education Autonomy Act), and Article 81 of the Local Public Officials Act, an audit and inspection committee shall be established under the jurisdiction of the Governor (hereinafter referred to as the "Audit and Inspection Committee") to inspect, examine, check, analyze, and verify all duties, activities, etc. of organizations prescribed by Provincial Ordinance subject to audit and inspection, including Jeju Special Self-Governing Province and institutions affiliated therewith (hereinafter referred to as "organization subject to audit and inspection"), and individuals belonging thereto; and to deal with the findings therefrom under Article 135 of this Act (hereinafter referred to as "autonomous audit and inspection"). <Amended on Jan. 12, 2021> |
| (2) | The Audit and Inspection Committee shall be comprised of not exceeding seven members, including one chairperson of the Audit and Inspection Committee (hereinafter referred to as the "chairperson of the Audit and Inspection Committee"), taking their genders into consideration. |
| (3) | The members of the Audit and Inspection Committee shall be appointed or commissioned by the Governor from among persons with qualifications prescribed by Provincial Ordinance: Provided, That three of them shall be appointed or commissioned upon recommendation by the Provincial Council and one of them shall be appointed or commissioned upon recommendation by the Superintendent of the Provincial Office of Education. <Amended on Jul. 11, 2023> |
| (4) | Where the Governor, the Provincial Council, or the Superintendent of the Provincial Office of Education intends to select or recommend members of the Audit and Inspection Committee, he or she or it shall undergo deliberation by a committee for the selection and recommendation of Audit and Inspection Committee members. <Newly Inserted on Jul. 11, 2023> |
| (5) | The chairperson of the Audit and Inspection Committee shall be appointed by the Governor with the consent of the Provincial Council. <Newly Inserted on Jul. 11, 2023> |
| (6) | The term of office of a member of the Audit and Inspection Committee who is not a public official under the jurisdiction of Jeju Self-Governing Province shall be three years. <Amended on Jul. 11, 2023> |
| (7) | Details necessary for autonomous audit and inspection, such as the detailed methods and scope of autonomous audit and inspection and the standards for autonomous audit and inspection activities shall be determined by the chairperson of the Audit and Inspection Committee, following a resolution adopted by the Audit and Inspection Committee. <Amended on Jul. 11, 2023> |
| (8) | The Audit and Inspection Committee shall have full autonomy in performing its duties, and its autonomy shall be honored to the maximum extent possible in compiling the budget for the organization, personnel affairs, and audit and inspection activities. <Amended on Jul. 11, 2023> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Audit and Inspection Committee and the committee for the selection and recommendation of Audit and Inspection Committee members under paragraph (4) shall be prescribed by Provincial Ordinance. <Amended on Jul. 11, 2023> |
| Article 132 (Duties of Chairperson of Audit and Inspection Committee) |
| (1) | Deleted. <Jul. 11, 2023> |
| (2) | The chairperson of the Audit and Inspection Committee shall represent the Audit and Inspection Committee and exercise general control over the affairs of the Audit and Inspection Committee. |
| (3) | The term of office of the chairperson of the Audit and Inspection Committee shall be three years. |
| (4) | When the chairperson of the Audit and Inspection Committee is unable to perform any of his or her duties in extenuating circumstances, a person appointed as prescribed by Provincial Ordinance from among the members of the Audit and Inspection Committee, shall act on his or her behalf. |
| Article 133 (Secretariat of Audit and Inspection Committee) |
| (1) | A secretariat shall be established under the Audit and Inspection Committee to support autonomous audit and inspection activities and to handle the administrative affairs of the Audit and Inspection Committee, and the staff of the secretariat shall be appointed by the Governor upon recommendation by the chairperson of the Audit and Inspection Committee. |
| (2) | The staff of the secretariat under paragraph (1) shall be local public officials or firefighting officials appointed by the Governor delegated with the power of appointment pursuant to Article 6 of the Firefighting Officials Act. <Amended on Jul. 11, 2023> |
| (3) | Matters necessary for the organization, duties, operation, etc. of the secretariat established under paragraph (1), shall be prescribed by Provincial Ordinance. |
| Article 134 (Autonomous Audit and Inspection Plans) |
| (1) | The Audit and Inspection Committee shall formulate an autonomous audit and inspection plan covering the objectives, subject matter, organizations, and scope of an autonomous audit and inspection before conducting any audit and inspection in order to systematically and efficiently conduct autonomous audit and inspection: Provided, That the autonomous audit and inspection plan may be amended even in the course of conducting the audit and inspection, if necessary to amend the relevant autonomous audit and inspection plan. |
| (2) | The Audit and Inspection Committee shall notify the heads of the organizations subject to autonomous audit and inspection, of the main items and details of an autonomous audit and inspection plan formulated under paragraph (1), as well as those of an amended plan, at least 30 days before the scheduled commencement date of such audit and inspection: Provided, That such notice is not required in an emergency requiring prompt audit and inspection, or if inevitable to achieve the effectiveness of the audit and inspection. |
| (3) | The Audit and Inspection Committee shall notify the Board of Audit and Inspection, the Minister of Education, the Minister of the Interior and Safety, and the Governor (including the Superintendent of the Provincial Office of Education, if the relevant plan pertains to education, art, and science; hereafter in this Chapter, the same shall apply) of an autonomous audit and inspection plan formulated under paragraph (1) (referring to any amended plan, if amended) within two weeks after such plan is formulated. <Amended on Jul. 26, 2017> |
| (4) | The Audit and Inspection Committee may request the following measures to be taken, if necessary for autonomous audit and inspection. In such cases, the relevant measures shall be limited to the minimum extent, and persons in receipt of such request shall comply therewith, unless there is good cause: |
| 1. | The organization subject to audit and inspection, and the individuals who work for such organization: Personal appearance or answering inquiries; submission of related data; sealing goods, etc.; research of the data in the electronic information system; |
| 2. | Other persons deemed involved to matters subject to audit and inspection: Request for personal appearance or answering inquiries and submission of related data. |
| (5) | The Audit and Inspection Committee may require public officials in charge of audit and inspection in a central administrative agency, an official or employee of Jeju Self-Governing Province, an independent specialized institution, such as an accounting firm or research institution, or an expert to participate in the audit and inspection, and inspect, examine, and analyze the related matters when conducting the audit and inspection on business affairs requiring expertise or practical experience. |
| Article 135 (Follow-Up Measures regarding Findings from Autonomous Audit and Inspection) |
| (1) | Except in extenuating circumstances, the Audit and Inspection Committee shall report the findings from autonomous audit and inspection to the Governor within 60 days after completion of the autonomous audit and inspection: Provided, That the findings from autonomous audit and inspection of education, art, and science shall be notified to the Superintendent of the Provincial Office of Education. |
| (2) | The findings from autonomous audit and inspection referred to in paragraph (1) shall include the measures such as, but not limited to, a compensation order, punishment or reprimand, rectification, caution, improvement, recommendation, or prosecution. |
| (3) | Where measures to be taken based on the findings from autonomous audit and inspection, which have been reported or notified pursuant to paragraph (1), are under the authority of the head of another agency, the Governor or the Superintendent of the Provincial Office of Education shall notify the head of another agency who has the authority of the relevant facts. |
| Article 136 (Suspension of Prescription for Grounds for Punishment and Reprimand) |
| (1) | Whenever the Audit and Inspection Committee commences or completes an investigation into a specific case, it shall notify the Governor and the head of an agency or department subject to audit and inspection, of the commencement and completion of investigation within ten days from such commencement and completion. |
| (2) | No Governor shall continue any proceedings of punishment or reprimand concerning a specific case under investigation from the date the Governor is notified of the commencement of investigation by the Audit and Inspection Committee under paragraph (1). |
| (3) | Where the prescription for the grounds for punishment or reprimand expires or the remaining period of prescription is less than one month because the proceedings for punishment or reprimand have been suspended under paragraph (2), the prescription shall be deemed to expire one month after the completion of investigation is notified under paragraph (1). |
| Article 137 (Duty to Maintain Confidentiality and Guarantee of Status) |
| (1) | Non-public official members of the Audit and Inspection Committee and non-public official persons who have participated in audit and inspection under Article 134 (5) shall not disclose any confidential information they become aware of in the course of performing any of their duties not only during their terms of office but also after resignation. |
| (2) | No member of the Audit and Inspection Committee shall be dismissed or removed from office against his or her will, unless he or she falls under any of the following cases: |
| 1. | Where he or she becomes incapable of performing his or her duties due to physical or mental incapacity; |
| 3. | Where he or she is elected as a National Assembly member, the head of a local government, or a local council member; |
| 4. | Where he or she is appointed as a public official, or an executive officer or employee of an institution subject to audit and inspection by the Audit and Inspection Committee; |
| 5. | Where he or she violates the prohibition against political campaigning prescribed in Article 138. |
| (3) | Where a member of the Audit and Inspection Committee falls under paragraph (2) 1, he or she shall be dismissed or removed from office by the Governor, following a resolution adopted by at least 2/3 of all the incumbent members of the Audit and Inspection Committee: Provided, That dismissal or removal of the chairperson thereof from office shall require consent from the Provincial Council. |
| Article 138 (Prohibition of Political Campaigning) |
| Article 139 (Special Cases concerning Audit and Inspection) |
| (1) | No head of any central administrative agency may conduct any audit or inspection concerning the overall administrative affairs of organizations subject to the autonomous audit and inspection of the Audit and Inspection Committee referred to in Article 131 (1), or the specific policy, project, affairs, budget, etc. thereof: Provided, That the same shall not apply to the inspection of State administration conducted by the National Assembly, audit and inspection by the Board of Audit and Inspection, and matters for which a request for audit is made by residents pursuant to Article 21 of the Local Autonomy Act. <Amended on Jan. 12, 2021> |
| (2) | Where the head of a central administrative agency deems necessary to conduct an audit and/or inspection of State administrative affairs and projects subsidized by the State, he or she shall request the Audit and Inspection Committee to conduct the audit and/or inspection. |
| (3) | Upon receipt of a request made under paragraph (2), the Audit and Inspection Committee shall conduct the audit and/or inspection as requested, except in extenuating circumstances. |
| (4) | The Audit and Inspection Committee shall notify the Board of Audit and Inspection, the head of the central administrative agency requesting the audit and/or inspection under paragraph (2), the Governor, and the organization subject to audit and/or inspection, of the findings from the audit and/or inspection conducted under paragraph (3). |
| (5) | If the head of a central administrative agency deems that any of the findings from an audit and/or inspection notified under paragraph (4) are unsatisfactory, he or she may request the Audit and Inspection Committee to conduct a further audit and/or inspection. In such cases, the Audit and Inspection Committee shall conduct a further audit and/or inspection within 60 days, except in extenuating circumstances; and shall notify the head of the requesting central administrative agency, the Governor, and the organization subject to such audit and/or inspection, of the findings therefrom. |
| (6) | Where the Audit and Inspection Committee is to conduct a further audit and/or inspection under paragraph (5), it shall allow a public official in charge of audit and/or inspection as recommended by the head of the requesting central administrative agency to participate in such further audit and/or inspection. |
PART III DEVELOPMENT OF FREE INTERNATIONAL CITY AND INFRASTRUCTURE
CHAPTER I DEVELOPMENT PLAN OF FREE INTERNATIONAL CITY
SECTION 1 Formulation of Development Plans
| Article 140 (Formulation of Comprehensive Plans) |
| (1) | The Governor shall formulate a comprehensive plan to develop a free international city, including the following matters (hereinafter referred to as "comprehensive plan"): <Amended on Dec. 10, 2019; Jul. 11, 2023> |
| 1. | Directions of long-term development of Jeju Self-Governing Province and basic policies for developing Jeju Self-Governing Province into an environment-friendly free international city; |
| 1-2. | Matters regarding population policy; |
| 2. | Promotion of international exchanges and cooperation, including the designation of Jeju Self-Governing Province as the "Island of World Peace"; |
| 3. | Development of the tourism industry, and the use, development, and conservation of tourism resources; |
| 4. | Promotion of education and training of human resources; |
| 5. | Medical services, public health, and social welfare; |
| 6. | Promotion of the agriculture, forestry, and livestock industries and fisheries; |
| 7. | Promotion of local industries, including the high-tech knowledge industry, logistics industry, and finance industry; |
| 8. | Use, development, and conservation of land, water, and other natural resources; |
| 9. | Use, development, and conservation of the sea; |
| 10. | Conservation of the natural environment and prevention of the pollution thereof; |
| 11. | Development of the local community and the improvement of the habitat; |
| 12. | Preservation of local culture and the promotion of culture and arts; |
| 13. | Improving convenience in the lives of foreigners; |
| 14. | Matters concerning infrastructure, including roads, ports, harbors, and information communications; |
| 15. | Development of water resources, electric power, and other energy; |
| 16. | Construction and promotion of infrastructure for local informatization; |
| 17. | Funding necessary for development projects (referring to development projects executed under the comprehensive plan; hereinafter the same shall apply) and the formulation of an annual investment plan; |
| 17-2. | Matters regarding establishment of a system for implementing a comprehensive plan; |
| 17-3. | Matters regarding improving residents' welfare; |
| 18. | Other matters deemed necessary by the Governor. |
| (2) | The Governor shall hold a hearing when intending to formulate a comprehensive plan, and shall submit it for deliberation by the Deliberative Committee on the Comprehensive Plan for Jeju Free International City established under Article 144. |
| (3) | Comprehensive plans shall prevail over development plans formulated under other statutes: Provided, That the same shall not apply to matters concerning military affairs. |
| (4) | Matters necessary for the procedures and methods for formulating comprehensive plans shall be prescribed by Presidential Decree. |
| Article 141 (Finalization of Comprehensive Plans) |
| (1) | The Governor shall obtain consent from the Provincial Council to formulate a comprehensive plan. |
| (2) | The Governor shall obtain consent from the Provincial Council to amend or abolish a comprehensive plan: Provided, That insignificant matters prescribed by Presidential Decree may be amended, following deliberation by the Committee for Deliberation on Comprehensive Plan of Jeju Free International City established under Article 144. |
| (3) | The Governor shall take preventive measures for preventing residents from sustaining property loss whenever a comprehensive plan is amended or abolished. |
| (4) | The Governor shall publicly announce a comprehensive plan formulated, amended, or abolished under paragraphs (1) and (2), as prescribed by Presidential Decree, and shall notify the Supporting Committee, the Superintendent of the Provincial Office of Education, and the Development Center thereof. |
| Article 142 (Multi-Area Facilities Plans) |
| (1) | The Governor may formulate and implement a multi-area facilities plan (hereafter in this Section, referred to as "multi-area facilities plan"), if necessary for comprehensively developing areas within one living zone in order to facilitate a comprehensive plan. |
| (2) | A multi-area facilities plan shall include project plans for facilities for transportation, water supply, sewage treatment, waste disposal, energy supply, and information communications; and such plans may also be formulated for individual facilities only, if necessary. |
| (3) | The Governor shall finalize a multi-area facilities plan with consent from the Provincial Council after submitting it for deliberation by the Committee for Deliberation on Comprehensive Plan of Jeju Free International City established under Article 144; and shall publicly announce the plan, as prescribed by Provincial Ordinance. |
| (4) | Projects included in a multi-area facilities plan formulated and publicly announced under paragraph (3), shall be performed in compliance with procedures prescribed by Acts relevant to each such project. |
| Article 143 (Private Investment Inducement Plans) |
| (1) | The Governor shall formulate a private investment inducement plan, containing the following matters in order to formulate an annual investment plan under Article 140 (1) 17 and promote inducement of private investment: |
| 1. | Scope of projects subject to inducement of private investment; |
| 2. | Matters concerning support for inducement of private investment. |
| (2) | Upon formulating a private investment inducement plan under paragraph (1), the Governor shall publicly announce it, as prescribed by Provincial Ordinance, and hold explanatory sessions for prospective investors in development projects. |
| (3) | A Private Investment Inducement Committee shall be established under Jeju Self-Governing Province to deliberate on private investment inducement plans referred to in paragraph (1) and provide support to private investment inducing activities; and the Headquarters for Supporting Inducement of Private Investment shall be established under the jurisdiction of the Governor. |
| (4) | Matters necessary in relation to the organization, management, etc. of the Private Investment Inducement Committee and the Headquarters for Supporting Inducement of Private Investment under paragraph (3), shall be prescribed by Provincial Ordinance. |
| Article 144 (Committee for Deliberation on Comprehensive Plan of Jeju Free International City) |
| (1) | A Committee for Deliberation on Comprehensive Plan of Jeju Free International City (hereinafter referred to as the "Comprehensive Plan Deliberative Committee") shall be established under Jeju Self-Governing Province to deliberate on the following matters, concerning comprehensive plans: |
| 1. | Targets, guidelines, and criteria necessary for formulating the comprehensive plan; |
| 2. | Comprehensive amendments to the comprehensive plan; |
| 3. | Deliberation on multi-area facilities plans; |
| 4. | Reflection of residents' consensus in the comprehensive plan and residents' participation therein; |
| 5. | Return of development gains to the community; |
| 6. | Evaluation of the comprehensive plan; |
| 7. | Designation of Jeju investment promotion zones and cancellation of such designation; |
| 8. | Other matters prescribed by Provincial Ordinance. |
| (2) | The Comprehensive Plan Deliberative Committee shall be comprised of not exceeding 23 members, including one chairperson and two vice chairpersons. |
| (3) | The Comprehensive Plan Deliberative Committee shall be chaired by the Governor, and one Vice Governor selected by the Governor and a member elected by the Comprehensive Plan Deliberative Committee shall take office as vice chairperson. |
| (4) | The members of the Comprehensive Plan Deliberative Committee shall be appointed or commissioned by the Governor, as prescribed by Provincial Ordinance: Provided, That the Deputy Superintendent of the Provincial Office of Education appointed as State public official pursuant to the proviso of Article 79 (1), shall be an ex officio member. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the organization, management, etc. of the Comprehensive Plan Deliberative Committee shall be prescribed by Provincial Ordinance. |
SECTION 2 Implementation of Development Projects
| Article 145 (Basic Surveys) |
| (1) | The Governor, the Development Center, or any person who intends to implement a development project, may conduct a basic survey, as prescribed by Provincial Ordinance, to formulate a comprehensive plan under Article 140; a project plan under Article 147 (3); or an execution plan of the Development Center under Article 171 (1). |
| (2) | Basic surveys referred to in paragraph (1) shall include assessment of the impacts that the relevant project might have on the natural ecology and landscape of the relevant development project area, and other matters prescribed by Provincial Ordinance. |
| (3) | The Governor, the Development Center, or any person who intends to implement a development project may access land owned or occupied by any third person, or temporarily use such land as a material storage yard, passage, or temporary road, if deemed necessary for basic surveys conducted under paragraph (1). |
| Article 146 (Designation of Prospective Project Implementers) |
| (1) | The Governor may designate, as a prospective project implementer, a person (including the State or the Development Center; hereinafter the same shall apply) who intends to implement a project subject to environmental impact assessment under Article 364 or a project for which the relevant Urban and Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to amendments to the Urban and Gun management plan made for an area, other than the urban area prescribed in subparagraph 1 of Article 6 of that Act) shall be amended first, among development projects, as prescribed by Provincial Ordinance. |
| (2) | A person designated as the prospective project implementer of a development project under paragraph (1) (hereinafter referred to as "prospective project implementer") shall obtain approval to implement the development project under Article 147 within two years from the date of such designation; if he or she fails to obtain approval to implement such project, the designation of the prospective project implementer shall become void on the date immediately after two years after the date of such designation: Provided, That the deadline may be extended only once by up to one year, if it is inevitable to extend the deadline for granting approval to implement the development project due to extenuating circumstances, such as following procedures for environmental impact assessment. |
| Article 147 (Approval to Implement Development Projects) |
| (1) | Any person who intends to implement a development project shall obtain approval therefor from the Governor: Provided, That if a person who intends to implement a development project, is the State or the Development Center, it shall seek the Governor's opinion. |
| (2) | The scope of development projects that require approval for implementation thereof from the Governor or the Governor's opinion under paragraph (1), shall be prescribed by Provincial Ordinance. |
| (3) | A person who intends to obtain approval to implement a development project or to seek an opinion under paragraph (1) shall formulate a project plan and submit it to the Governor, along with accompanying documents, as prescribed by Provincial Ordinance. In such cases, the project plan and its accompanying documents to be submitted to the Governor shall include the details for preferential employment of residents of Jeju Self-Governing Province. |
| (4) | In receipt of a project plan and its accompanying documents submitted by a person who intends to obtain approval to implement a development project under paragraph (3), the Governor shall seek opinions of local residents, interested experts, etc., as prescribed by Provincial Ordinance, and if such opinions are deemed valid, he or she may grant approval to implement the project plan on condition that such opinions shall be reflected in the project plan. <Newly Inserted on Oct. 24, 2017> |
| (5) | The Governor may grant approval to implement a development project under paragraph (1), as prescribed by Provincial Ordinance, on condition that any of the requirements, such as submitting relevant accompanying documents, not fulfilled shall be supplemented. <Newly Inserted on Oct. 24, 2017> |
| (6) | The Governor may prioritize granting approval to implement a development project, as prescribed by Provincial Ordinance, if a person who intends to implement the development project is an association of farmers and fishermen. <Newly Inserted on Oct. 24, 2017> |
| (7) | Every development project shall commence within one year from the date a development project is granted approval to implement under paragraph (1): Provided, That the Governor may extend the deadline only once by up to one year, if it is deemed inevitable to extend the deadline for commencement of the project. <Newly Inserted on Oct. 24, 2017> |
| (8) | Approval to implement a development project shall become void on the date immediately after the deadline for commencement of the project expires, if the implementer fails to commence the project within the deadline for commencement of the project under paragraph (7) from the date the development project is granted approval to implement under paragraph (1). In such cases, the Governor shall publicly announce such fact, as prescribed by Provincial Ordinance. <Amended on Oct. 24, 2017> |
| (9) | Upon receipt of an application filed by any person who intends to obtain approval to implement a development project under paragraph (1), the Governor shall assign a public official to deal with the affairs concerning the approval for implementation of the project, except in extenuating circumstances. <Newly Inserted on Oct. 24, 2017> |
| (10) | Paragraphs (1) through (6) and (9) shall apply mutatis mutandis to amendments to the details of any existing development project: Provided, That the same shall not apply to any amendment to insignificant matters prescribed by Provincial Ordinance. <Amended on Oct. 24, 2017> |
| (11) | Notwithstanding paragraphs (1) through (10), the Foreign Investment Promotion Act shall apply to development projects implemented with foreign investment. <Amended on Oct. 24, 2017> |
| (13) | Whenever the Governor grants approval to implement a development project, he or she shall publicly announce such approval, as prescribed by Provincial Ordinance. The same shall also apply to amendments to the details of a development project, the implementation of which has been approved. |
| Article 148 (Legal Fiction as Authorization and Permission) |
| (1) | The following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc.") shall be deemed obtained or performed when a person who intends to implement a development project obtains approval to implement the development project or seeks opinions under Article 147; and the public notification or announcement of permission, etc. under the relevant Acts shall be deemed granted, when approval to implement a development project is publicly notified or announced under Article 147 (13): <Amended on May 29, 2016; Dec. 27, 2016; Feb. 8, 2017; Oct. 24, 2017; Dec. 10, 2019; Jan. 29, 2020; Mar. 31, 2020; Dec. 27, 2022> |
| 3. | Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of an implementation plan for occupancy or use (excluding land predesignated to be reclaimed under a reclamation license) under Article 17 of that Act; a reclamation license of public waters under Article 28 of that Act; public notification of a reclamation license under Article 33 of that Act; consultation about or approval for reclamation to be implemented by the State, etc. under Article 35 of that Act; and approval and public notification of an implementation plan for reclamation of public waters under Article 38 of that Act; |
| 8. | Determination of an urban or Gun management plan (limited to an urban and Gun management plan concerning urban or Gun planning facilities prescribed by Presidential Decree; and a district-unit planning zone and district-unit plan under Article 51 (3) of that Act) under Article 30 of the National Land Planning and Utilization Act; permission to engage in development activities under Article 56 of that Act; designation of the implementer of an urban or Gun planning facility project under Article 86 of that Act; and authorization of an implementation plan under Article 88 of that Act. In such cases, the determination of an urban and Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to an urban or Gun management plan relating to district-unit planning zones or district-unit plans under Article 51 (3) of that Act); approval of a topographic map under Article 32 (2) of that Act; designation of an area other than urban areas, among special-purpose areas under Article 36 of that Act, as an area for management planning; and designation of a development promotion district among special-purpose districts under Article 37 of that Act, shall be deemed made additionally for tourist development projects; |
| 10. | Change or cancellation of an agricultural promotion area, etc. under Article 31 of the Farmland Act; and permission for or consultation on changing the use of farmland under Article 34 of that Act; |
| 11. | Permission to implement road works under Article 36 of the Road Act; permission to occupy and use a road under Article 61 of that Act; and consultation with or approval from the road management authority under Article 107 of that Act; |
| 26. | Permission for an electric generation business (excluding an electric generation business referred to in Article 303 (1) of this Act), electric transmission business, electric distribution business, or electric sales business under Article 7 of the Electric Utility Act; and authorization of or reporting on a plan to construct electric installations for electric utility under Article 61 of that Act; and authorization of or reporting on a plan for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act; |
| 33. | Authorization for installation of public sewerage (limited to excreta treatment facilities) under Article 11 of the Sewerage Act; permission to implement public sewerage construction works under Article 16 of that Act; and permission to occupy public sewerage under Article 24 of that Act; |
| 34. | Consultation with and approval of the river management agency under Article 6 of the River Act; permission to implement river works under Article 30 of that Act; permission to occupy rivers under Article 33 of that Act; and permission to use river water under Article 50 of that Act; |
| 36. | Designation of an investment promotion zone under Article 162. |
| (2) | The Governor shall pre-consult with the head of a relevant administrative agency when the Governor intends to approve implementing a development project or present his or her opinion under Article 147, where the project plan includes matters falling under any subparagraph of paragraph (1). |
| (3) | Upon receipt of a request for consultation under paragraph (2), the head of a relevant administrative agency shall present his or her detailed opinion within 30 days after receipt of such request, and consultations shall be deemed made if no opinion is presented within the period. |
| (4) | Where the agenda subject to consultation under paragraph (2) includes any matter to be deliberated upon by a relevant committee, the head of a relevant administrative agency shall consult based upon the results of deliberation done by the relevant committee. |
| (5) | A person who intends to obtain constructive permission, etc. under paragraph (1) shall submit relevant documents prescribed by relevant Acts when he or she files an application for approval to implement the relevant development project. |
| Article 149 (Processing Period for Approval to Implement Development Projects and Measures to be Taken upon Expiry) |
| (1) | The Governor shall complete processing the approval to implement a development project under Article 147 within the processing period prescribed by Provincial Ordinance. Such approval shall be deemed granted on the day immediately following the end of the processing period, if the Governor fails to give notice of rejection within the processing period. In such cases, the Governor shall give written notice to the person who intends to implement the development project, of the grounds for rejection, as prescribed by Provincial Ordinance, when he or she notifies a rejection within the processing period. |
| (2) | The Governor shall issue a written approval without delay upon request by a person who intends to implement the development project, where such approval is deemed granted under paragraph (1). |
| (3) | The Governor shall grant approval within the period prescribed by Provincial Ordinance, where the person who intends to implement the development project with respect to which he or she has received a notice of rejection under paragraph (1), and submits documents proving that the grounds for rejection are rectified and thus the requirements for approval under the relevant statutes are satisfied. |
| (4) | Paragraph (1) shall apply mutatis mutandis to consultations under Article 148 (2): Provided, That the Governor shall pre-consult with the head of a relevant administrative agency in order to determine the period for consultation and required documents in relation to approval to implement a development project under paragraph (1). |
| Article 150 (Collective Processing Organization for Development Projects) |
| (2) | The Governor may request a relevant administrative agency, institution, or organization to dispatch public officials, executive officers, or employees, if necessary for establishing a collective processing organization under paragraph (1). |
| (3) | No head of a relevant administrative agency, institution, or organization that has dispatched public officials, executive officers, or employees upon request under paragraph (2) shall treat any such public officials, etc. unfavorably in terms of promotion, transfer, remuneration, welfare, etc. |
| (4) | The Governor may request a relevant administrative agency, institution, or organization to provide cooperation, such as submitting data, if necessary for conducting affairs under paragraph (1). |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for establishing and managing a collective processing organization under paragraph (1), shall be prescribed by Provincial Ordinance. |
| Article 151 (Limited Land Expropriation) |
| (1) | Any of the following project implementers (referring to a person who has obtained approval to implement a development project or who has sought Governor's opinions under Article 147 (1)) may expropriate or use the land, buildings, or fixtures on the land, and the right, other than ownership thereof, which are necessary for the development project, if the project implementer owns at least 2/3 of the area of the land for the project, other than the State and public land, and obtains consent from at least one half of the total number of land owners, and if the scale of the development project exceeds the certain area determined by Provincial Ordinance: |
| 1. | The Development Center that implements a development project congruently with an implementation plan formulated under Article 171 (1); |
| Article 152 (Establishment and Management of Special Land Account) |
| (1) | The Governor may establish and manage a special land account in order to facilitate the stabilization of land prices and the efficient development, supply, and desirable development of land for development purposes, and smoothly promote public projects by securing the land for public use at an early stage. |
| (2) | The revenues of the special land account shall be as follows: |
| 1. | Contributions from the State and other local governments; |
| 2. | Funds transferred from the general accounts and other special accounts of Jeju Self-Governing Province. |
| 3. | Gains from real estate acquired as payment in kind under Article 117 of the Local Tax Act (including real estate acquired with funds from the special land account); |
| 4. | Gains from the disposal or leasing of public property; |
| 5. | Funds raised from the issuance of land bonds. |
| (3) | Expenditure of the special land account shall be as follows: |
| 1. | Funds for the acquisition of land; |
| 2. | All expenses incurred in the management and operation of such special land account; |
| 3. | Repayment of issued land bonds; |
| 4. | Other funds necessary for projects prescribed by Provincial Ordinance to accomplish the purposes of the establishment of the special land account. |
| (4) | Notwithstanding Articles 19 through 21, 28, 29, 36, 39, and 40 of the Public Property and Commodity Management Act, land acquired as payment in kind under paragraph (2) 3, and land acquired under paragraph (3) 1 may be disposed of by means of lease, exchange, transfer, and sale, as prescribed by Provincial Ordinance. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for establishing and managing the special land account shall be prescribed by Provincial Ordinance. |
| Article 153 (Entrustment of Acquisition of Land) |
| (2) | Entrustment fees, etc. shall be prescribed by Provincial Ordinance for the entrustment of affairs concerning the acquisition of land, etc., the compensation of loss and damage, and managing sale and purchase under paragraph (1). |
| Article 154 (Reversion of Public Facilities within Development Project Areas and Relocation Measures for Residents) |
| (2) | Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to measures for relocating residents who lose their base of livelihood as a consequence of providing land, goods, or rights within a development project area under paragraph (1). |
[Title Amended on Dec. 10, 2019]
| Article 155 (Exemption or Reduction of Taxes) |
If necessary to facilitate promoting development projects, taxes, including corporate tax, income tax, customs duties, acquisition tax, registration and license tax, and property tax, may be exempted or reduced, as prescribed by the Restriction of Special Taxation Act, the Customs Act, and the Restriction of Special Local Taxation Act, for investors, occupant enterprises, etc. in an investment promotion zone, the Science and Technology Complex, the Free Trade Zone, or investment in a development project area, or the transfer or acquisition of land, etc. within a development project area.
| Article 156 (Exemption or Reduction of Charges) |
If necessary to facilitate implementing development projects, development charges, infrastructure charges, farmland conservation charges, alternative grassland development charges, alternative forest resource development charges, charges for occupation and use of public waters, and charges for occupation and use of rivers, may be exempted or reduced, as prescribed by the Restitution of Development Gains Act, the National Land Planning and Utilization Act, the Farmland Act, the Grassland Act, the Mountainous Districts Management Act, the Public Waters Management and Reclamation Act, and the River Act.
| Article 157 (Support to Land Vendors) |
| (1) | The Governor or the Development Center may advise a project implementer to formulate the following support measures for persons who have sold land required for a development project: |
| 1. | To grant the vendor of land in a development project area the right to run a souvenir shop business for local products; a direct distribution store for agriculture, forestry, livestock, or fishery products; a resting place, etc., within the development project site, if the vendor wishes to run such business; |
| 2. | To develop jointly with the project implementer, if the land vendor wishes to invest by providing land or funds. |
| (2) | A project implementer shall comply with the measures advised by the Governor or the Development Center to take under paragraph (1) unless it specifically hinders the implementation of the relevant development project. |
| Article 158 (High Priority Development Projects) |
| (1) | The Governor shall develop any of the following projects (hereinafter referred to as "high priority development projects"), as prescribed by Provincial Ordinance: |
| 1. | Projects in which the residents invest at least 50/100 of the total capital invested, or the residents comprise at least 80/100 of the entire employees; |
| 2. | Projects which have significant economic or environmental impact on the agriculture, forestry, or livestock industry, or fisheries; |
| 3. | Projects necessary for developing local culture and arts, and for promoting tourism and culture; |
| 4. | Projects necessary for promoting tourism, including manufacturers of local products for souvenirs, and manufacturers and distributors of traditional local liquor; |
| 5. | Other projects deemed necessary by the Governor for improving residents' welfare. |
| (2) | If necessary to facilitate promoting high priority development projects, the Governor may pay a subsidy or grant a loan to a person who implements such projects. |
| Article 159 (Support to Areas Adjacent to Development Projects) |
The Governor or the Development Center may support a project for solving any inconvenience the residents experience due to the execution of the development project, the implementation of which has been approved or opinions regarding which have been sought under Article 147; or for improving their habitats; and may also provide a loan or subsidy to the neighboring residents' business for improving their income.
| Article 160 (Establishment of Special Account for Development Projects of Jeju Special Self-Governing Province) |
| (1) | A special account for development projects of Jeju Special Self-Governing Province (hereinafter referred to as "special account for development projects"), shall be established to secure and subsidize the project funds required for development projects. |
| (2) | The special account for development projects, shall be managed and operated by the Governor. |
| (3) | Revenues for the special account for development projects, shall be as follows: |
| 1. | Contributions from the State and other local governments; |
| 2. | Funds transferred from the general accounts and other special accounts of Jeju Self-Governing Province. |
| 3. | Contributions from individuals, corporations, associations, and other organizations; |
| 6. | Income, other than those specified in subparagraphs 1 through 5. |
| (4) | Expenditures of the special account for development projects, shall be as follows: <Amended on May 29, 2016; May 16, 2023> |
| 2. | Funds for promoting the agriculture, forestry, and livestock industry, and fisheries; |
| 3. | Funds for promoting the tourism industry; |
| 4. | Funds for improving the habitat, health and sanitation, and social welfare services; |
| 5. | Funds for improving and conserving the local environment; |
| 6. | Funds for promoting education, culture, and arts; |
| 6-2. | Transfer of funds to the funds created by Provincial Ordinance for soundly fostering and support to small and medium enterprises; |
| 7. | Providing loans to high priority development projects under Article 158, if any; |
| 8. | Subsidies or loans to the organizations of farmers and fishermen who are willing to invest in the development projects; |
| 9. | Subsidies or loans for projects jointly implemented by the local residents for increasing income; |
| 10. | Funds for purchasing land within a development project zone, where a local government is the project implementer; |
| 11. | Funds necessary for managing and operating the special account for development projects; |
| 12. | Funds for promoting local informatization projects; |
| 13. | Other funds necessary for projects prescribed by Provincial Ordinance in order to accomplish the objectives of the establishment of the special account for development projects. |
| (5) | Matters necessary for the budget compilation and management of the special account for development projects shall be prescribed by Provincial Ordinance. |
| Article 161 (Development and Management of Jeju Advanced Science and Technology Complex) |
| (1) | The Minister of Land, Infrastructure and Transport may develop a Jeju Advanced Science and Technology Complex in Jeju Self-Governing Province as a national industrial complex designated under Article 6 of the Industrial Sites and Development Act (hereinafter referred to as the "Science and Technology Complex") in order to develop advanced knowledge industries, such as the bio-tech industry and information communications industry, encourage research on related technologies, and nurture experts. |
| (2) | The Science and Technology Complex shall be developed in compliance with the procedures for designating and developing national industrial complexes under the Industrial Sites and Development Act: Provided, That the Development Center may request the Minister of Land, Infrastructure and Transport to designate the Science and Technology Complex, notwithstanding Article 11 (1) of that Act, whereby the Minister of Land, Infrastructure and Transport may designate the Development Center as the project implementer, notwithstanding Article 16 (1) of that Act. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to designate the Science and Technology Complex, he or she shall undergo deliberation by the Supporting Committee. In such cases, deliberation by the Supporting Committee shall be deemed deliberation by the Deliberative Committee on Industrial Sites Policies established under Article 3 of the Industrial Sites and Development Act. |
| (4) | The Science and Technology Complex shall be managed in compliance with the procedures for managing industrial complexes under the Industrial Cluster Development and Factory Establishment Act: Provided, That the Minister of Trade, Industry and Energy may fully or partially entrust the management of the Science and Technology Complex to the Development Center, notwithstanding Article 30 (2) of that Act. |
| Article 162 (Designation of Jeju Investment Promotion Zones) |
| (1) | If necessary for inducing an investment meeting the criteria prescribed by Presidential Decree, the Governor may designate any of the following areas in Jeju Self-Governing Province as a Jeju investment promotion zone (hereinafter referred to as "investment promotion zone"), following deliberation by the Comprehensive Plan Deliberative Committee: |
| 1. | An area that an investor desires; |
| 2. | An area that has advantages in promoting the inducement of investments and satisfies conditions prescribed by Presidential Decree. |
| (2) | When the Governor designates an investment promotion zone pursuant to paragraph (1), he or she shall publicly announce the following: <Amended on Feb. 10, 2019> |
| 1. | The name, location, and area of the investment promotion district; |
| 2. | The method for developing or managing the investment promotion zone; |
| 3. | Details of main businesses in the investment promotion zone, such as investment amounts, implementation period of investment, and employment plans; |
| 4. | Other matters prescribed by Provincial Ordinance. |
| (3) | Investment promotion zones shall be managed by the Governor. |
| (4) | The Mayor may request investors to submit related data to inspect whether investment is implemented in accordance with the details of the public announcement made under paragraph (2), if necessary. <Newly Inserted on Dec. 10, 2019> |
| (5) | The Mayor may request the heads of relevant central administrative agencies, government-funded institutes, or government-invested institutes to provide data, statistics, etc. necessary for efficiently managing investment promotion zones and analyzing the impact of such zones on the local economy. <Newly Inserted on Dec. 10, 2019> |
| (6) | Matters necessary for the procedures and method for designating and managing investment promotion zones shall be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 163 (Cancellation of Designation of Investment Promotion Zones) |
| (1) | If the investment made under Article 162 fails to meet the criteria prescribed by Presidential Decree, the Governor shall cancel the designation of an investment promotion zone, following deliberation by the Comprehensive Plan Deliberative Committee. |
| (2) | Matters necessary for procedures, etc. for cancelling the designation of an investment promotion zone under paragraph (1) shall be prescribed by Provincial Ordinance. |
| Article 164 (Financial Support) |
| (1) | The State or Jeju Self-Governing Province shall provide maximal financial support, if the Development Center requests funding for the development of the Science and Technology Complex; a loan for the purchase price of land to be leased to companies moving into an investment promotion zone; the exemption and reduction of the rent for land, etc.; and other financial support required for development projects. |
| (2) | Criteria and procedures for financial support to be provided by the State to the Development Center under paragraph (1) shall be determined by the Supporting Committee, as prescribed by Presidential Decree. |
| (3) | The State or Jeju Self-Governing Province may provide administrative and financial support to projects for expanding transportation facilities in Jeju Self-Governing Province connecting to the main land (referring to airports and ports). |
| (4) | If necessary for promoting investment in Jeju Self-Governing Province, the Governor may pay employment subsidies and subsidies for education and training to companies that invest in Jeju Self-Governing Province, as prescribed by Provincial Ordinance. |
| Article 165 (Special Cases concerning Lease and Sale of State or Public Property) |
| (1) | Notwithstanding the relevant provisions of the State Property Act and the Public Property and Commodity Management Act, the Minister of Economy and Finance, the administration authority of State property, or the Governor may lease for use or profit from (hereinafter referred to as "lease"), or sell any land, factories, or other State or public property (hereafter in this Article, referred to as "property, etc.") owned by the State or Jeju Self-Governing Province under a free contract to the companies and international organizations moving into the Science and Technology Complex or investment promotion zones (hereafter in this Article, referred to as "occupant enterprise"). <Amended on Dec. 10, 2019> |
| (3) | Notwithstanding Article 18 of the State Property Act and Article 13 of the Public Property and Commodity Management Act, a factory or any other permanent structure may be constructed on the land, where any property, etc. owned by the State or Jeju Self-Governing Province is leased under paragraph (1). In such cases, the land may be leased on condition that the relevant structure is donated to the State or Jeju Self-Governing Province, or the land is reinstated for return at the end of the lease term, considering the type of such structure, etc. |
| (6) | Notwithstanding the following Acts, the amount of rent for property, etc. leased to occupant enterprises under paragraph (1) may be exempted or reduced, as prescribed by Presidential Decree, in cases of State-owned property; or by Provincial Ordinance in cases of public property: |
| (7) | Where it is intended to sell public property to companies that move into the Science and Technology complex or investment promotion zones pursuant to paragraph (1), the relevant companies shall meet the requirements prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019> |
| (9) | Where it is intended to sell any public land to a person who has obtained approval to implement a development project pursuant to Article 147, the relevant person shall meet the requirements prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019> |
| (10) | Notwithstanding the Public Property and Commodity Management Act, the Governor may lease public property to a person who has obtained approval to implement development projects under a free contract pursuant to Article 147 and, in such cases, paragraphs (2) through (4) and (6) shall apply to such lease. <Newly Inserted on Dec. 10, 2019> |
SECTION 3 Jeju Free International City Development Center
| Article 166 (Establishment) |
A Jeju Free International City Development Center shall be established to efficiently promote the development projects of the free international city.
| Article 167 (Legal Person and Offices) |
| (1) | The Development Center shall be incorporated as a corporation. |
| (2) | The location of the principal office of the Development Center shall be prescribed by its articles of incorporation. |
| (3) | The Development Center may have branch offices or divisional offices, as prescribed by its articles of incorporation. |
| Article 168 (Registration) |
| (1) | The Development Center shall be duly formed when the registration for its incorporation is completed at the registry office having jurisdiction over its principal place of business. |
| (2) | Matters necessary for registration for incorporation and other registrations of the Development Center, shall be prescribed by Presidential Decree. |
| (3) | No matter to be registered shall prevail against any third party, unless such matter is registered. |
| Article 169 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Development Center shall include the following: |
| 3. | Principal place of business; |
| 4. | Matters relating to functions and the fulfillment thereof; |
| 5. | Matters concerning the assets and accounting; |
| 6. | Matters concerning executive officers and employees; |
| 7. | Matters concerning the board of directors; |
| 8. | Matters concerning the modification of bylaws; |
| 9. | Matters concerning public announcement. |
| 10. | Matters concerning the issuance of bonds; |
| (2) | The Development Center shall obtain authorization from the Minister of Land, Infrastructure and Transport to amend its articles of incorporation. |
| Article 170 (Business Affairs) |
| (1) | The Development Center shall engage in the following business affairs: <Amended on Dec. 10, 2019> |
| 1. | Formulating and executing a plan to operate the Development Center under Article 171 (1); |
| 2. | The following business affairs to develop the free international city: |
| (a) | Acquisition, development, reserve, management, supply, and lease of land; |
| (b) | Promotion of and support for the medical industry, health industry, and housing projects, in tourism complexes, industrial complexes, and English language education cities developed and managed by the Development Center |
| (c) | Development of investment promotion zones and development and management of tourism complexes, industrial complexes, and English language education cities; |
| (d) | Inducement, establishment, and operation of, and support for, foreign education institutions, international schools, and other education-related institutions; |
| (e) | Inducement and establishment of foreign medical institutions, and support for the operation thereof; |
| (f) | Business affairs referred to in items (a) through (e), entrusted by the State or Jeju Self-Governing Province; |
| (g) | Other support projects for improving residents' income and internationalization; |
| (h) | Other businesses incidental to those referred to in items (a) through (g); |
| (i) | Projects that the Development Center may implement under other statutes; |
| 3. | The following business affairs to induce investments in relation to the free international city: |
| (a) | Inducement of investments from domestic and foreign investors, and marketing and public relations activities therefor; |
| (b) | Comprehensive support affairs, including counseling, guidance, public relations, and research for domestic and foreign investors, and civil affairs agent services; |
| (c) | Other necessary matters for supporting domestic and foreign investors; |
| 4. | The following profit-making business to raise funds required for developing the free international city: |
| (a) | Operation of duty-free shops prescribed by Presidential Decree (hereinafter referred to as "designated duty-free shops"); |
| (b) | Outdoor advertisement businesses; |
| (c) | Other businesses approved for by the Minister of Land, Infrastructure and Transport. |
| (2) | The Development Center may establish a subsidiary and invest all or part of the capital therein, after obtaining a resolution by the board of directors to efficiently conduct the business affairs referred to in paragraph (1). |
| Article 171 (Plan to Operate Development Center) |
| (1) | The Development Center shall formulate a plan to operate the Development Center which shall be promoted by the Development Center congruently with the comprehensive plan, and shall obtain approval thereof from the Minister of Land, Infrastructure and Transport. The same shall also apply to any amendment thereto. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to approve a plan to operate the Development Center referred to in paragraph (1) (hereinafter referred to as "plan to operate the Development Center"), he or she shall seek the Governor's opinion and consult with the heads of the relevant central administrative agencies: Provided, That the same shall not apply to any amendment to insignificant matters prescribed by Presidential Decree. |
| (3) | Matters necessary in relation to the details of a plan to operate the Development Center and the procedures and methods for formulating such plan, shall be prescribed by Presidential Decree. |
| (4) | The Development Center shall become the implementer of an urban and Gun planning facility project under the National Land Planning and Utilization Act, according to a plan to operate the Development Center plan approved under paragraph (1). |
| (5) | The State may fully or partially subsidize funds required for the development of infrastructure (referring to roads, waterworks, sewerage system, communication, energy supply facilities, etc.) of development projects determined by a plan to operate the Development Center to Jeju Self-Governing Province, within budgetary limits. |
| Article 172 (Executive Officers) |
| (1) | The Development Center shall have not exceeding 11 directors, including one Chief Director (the number of standing directors, including Chief Director, shall be less than 1/2 of the number of all directors), and one auditor. |
| Article 173 (Executive Officers' Duties) |
| (1) | The Chief Director shall represent the Development Center, and have overall control over the business affairs of the Development Center, and take responsibility for management performance. |
| (2) | When the Chief Director is unable to perform any of his or her duties in extenuating circumstances, a director shall act on his or her behalf, as stipulated by the articles of incorporation. |
| (3) | Directors shall deliberate on the agenda items referred to the board of directors and participate in passing a resolution thereon. |
| (4) | The auditor shall conduct the audits and inspections of the business affairs and accounting of the Development Center. |
| Article 174 (Appointment of Representative) |
The Chief Director may appoint a representative authorized to engage all judicial or extra-judicial conduct concerning the internal affairs of the Development Center among its employees, as stipulated by the articles of incorporation.
| Article 175 (Restriction on Representing Authority) |
The Chief Director shall not represent the Development Center with respect to any matter in which any of his or her interests conflict with any of those of the Development Center, and the Auditor shall represent the Development Center in this regard.
| Article 176 (Grounds for Disqualification) |
None of the following persons shall be appointed as an executive officer of the Development Center:
| 1. | A minor, person under adult guardianship, or person under limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not elapsed since his or her imprisonment without labor or heavier punishment as declared by the court was completely executed or exempted (including where the sentence is deemed completed); |
| 4. | A person who is under suspension of the execution of his or her imprisonment without labor or greater punishment declared by a court. |
| 5. | Any person whose qualification is suspended or forfeited by operation of law or by a court ruling. |
| Article 177 (Board of Directors) |
| Article 178 (Appointment or Dismissal of Employees) |
The Chief Director shall appoint or dismiss the employees of the Development Center, as stipulated by the articles of incorporation.
| Article 179 (Prohibition against Disclosure of Confidential Information) |
No current or former executive officer or employee of the Development Center shall disclose or misappropriate any confidential information he or she has become aware of in the course of performing any of his or her duties.
| Article 180 (Prohibition against Use of Similar Name) |
No entity, other than the Development Center incorporated under this Act, shall use a name that includes “Jeju Free International City Development Center” or similar.
| Article 181 (Requests, etc. for Dispatch of Public Officials) |
| Article 182 (Fund-Raising) |
The Development Center shall raise funds necessary for conducting its business affairs under Article 170, from the following financial resources: | 1. | Contributions or subsidies from the State or any person, other than the State; |
| 2. | Funds raised by issuing bonds; |
| 3. | Loans (including funds borrowed and goods imported from a foreign country; hereinafter the same shall apply); |
| 4. | Earnings from a profit-making business; |
| Article 183 (Lease of State or Public Property) |
| (1) | If necessary to efficiently conduct the business affairs of the Development Center under Article 170, the State or local governments may gratuitously lease State-owned or public property to the Development Center or allow it to gratuitously use or benefit from such property. |
| (2) | The Development Center may build a building or any other permanent structure on the State-owned or public property rented or permitted for use or benefitting therefrom under paragraph (1). |
| (3) | The details, terms, conditions, etc. of gratuitous lease or use of, or benefiting from, State-owned or public property under paragraph (1), procedures therefor, shall be stipulated by an agreement to be entered into between the managing authority of such property or goods and the Development Center. |
| Article 184 (Outdoor Advertisements) |
| Article 185 (Request for Provision of Data) |
| (1) | The Development Center may request data from any administrative agency, organization, etc. if necessary to conduct its business affairs. |
| (2) | The head of an administrative agency or organization in receipt of a request under paragraph (1) shall comply therewith, except in extenuating circumstances. |
| Article 186 (Approval of Budget) |
| (1) | The Chief Director of the Development Center shall formulate a business plan and budget for the following year at least one month prior to the commencement of the following fiscal year and obtain approval thereof from the Minister of Land, Infrastructure and Transport. In such cases, he or she shall pre-consult with the Governor on matters prescribed by Presidential Decree. |
| (2) | Paragraph (1) shall apply mutatis mutandis to the amendments to a business plan and budget. |
| Article 187 (Year-End Financial Reports) |
The Development Center shall submit year-end financial reports for revenue and expenditure of each business year to the Minister of Land, Infrastructure and Transport and the Minister of Strategy and Finance, along with the business performance during the corresponding year, within two months from the end of each business year; and obtain approval of the settlement from the Minister of Strategy and Finance.
| Article 188 (Business Year) |
The business year of the Development Center shall coincide with the fiscal year of the Government.
| Article 189 (Accounting Principles) |
The Development Center shall obtain approval from the Minister of Land, Infrastructure and Transport on matters concerning its organization, budget, etc. The same shall also apply to any amendment thereto.
| Article 190 (Borrowing Funds) |
| (1) | If the Development Center intends to raise funds from loans under subparagraph 3 of Article 182, it may do so, with approval from the Minister of Land, Infrastructure and Transport, as provided for in the relevant statutes. |
| (2) | The Minister of Land, Infrastructure and Transport shall pre-consult with the heads of the relevant central administrative agencies, when intending to approve the borrowing of funds under paragraph (1). |
| Article 191 (Investment in other Projects) |
| (1) | The Development Center may invest in or contribute to projects related to those prescribed in Article 170 or a local public corporation under Article 250 (1) in order to efficiently conduct its business affairs under Article 170. <Amended on Dec. 10, 2019> |
| (2) | The Development Center may invest in kind, the land acquired for implementing development projects reflected in a plan to operate the Development Center, when it makes investments under paragraph (1). <Amended on Dec. 10, 2019> |
| (3) | Matters necessary for investments or contributions under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 10, 2019> |
| Article 192 (Support for Development Projects) |
| (1) | The Development Center may provide financial support, etc. to investors, if necessary to facilitate investments in development projects reflected in a plan to operate the Development Center. |
| (2) | The Development Center shall take into consideration the level of contribution to the national and local economy and other factors, when determining the scale of support and method for providing support under paragraph (1). |
| Article 193 (Issuance of Bonds) |
| (1) | The Development Center may issue bonds to raise funds necessary for conducting its business affairs under Article 170. |
| (2) | The Development Center shall obtain approval from the Minister of Land, Infrastructure and Transport to issue bonds under paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall pre-consult with the heads of the relevant central administrative agencies. |
| (3) | The State may guarantee the repayment of the principal of and interest on bonds issued by the Development Center. |
| (4) | The State may partially subsidize expenses incurred in paying interest on bonds issued by the Development Center. |
| (5) | The extinctive prescription of a bond shall complete five years after the due date for repayment of principal, and two years after the due date for payment of interest. |
| (6) | Other matters necessary for the issuance of bonds, etc. shall be prescribed by Presidential Decree. |
| Article 194 (Guidance and Supervision) |
| (1) | The Minister of Land, Infrastructure and Transport shall guide and supervise the following business affairs of the Development Center: |
| 1. | Matters concerning the management objectives, budget, and operation plans; |
| 2. | Matters concerning the management performance and settlement; |
| 3. | Matters concerning the appropriate performance of business affairs under Article 170; |
| 4. | Other matters stipulated by the articles of incorporation and related statutes. |
| (2) | If necessary, the Minister of Land, Infrastructure and Transport may require the Development Center to file a report on matters specified under paragraph (1), or its public officials to inspect the account books, documents, facilities, or other articles of the Development Center. |
| (3) | A public official who conducts an inspection under paragraph (2) shall carry an identification card stating his or her authority and produce it to relevant persons. |
| Article 195 (Reversion of Residual Property) |
| Article 196 (Relationship to Other Acts) |
CHAPTER II FOREIGNERS' FREE TRAVEL AND DEVELOPMENT OF HABITATS
| Article 197 (Special Cases concerning Foreigners' Entry and Sojourn) |
| (1) | Notwithstanding Article 7 (1) of the Immigration Act, foreigners, other than the citizens of nations determined and publicly notified by the Minister of Justice, who enter Jeju Self-Governing Province through an airport or port in order to stay in Jeju Self-Governing Province for the purposes of tourism, transit, etc. among the status of sojourn under Article 10 of that Act, may enter the Province visa-free. |
| (2) | Where the Governor deems it necessary to protect residents from disasters such as outbreaks of infectious diseases, he or she may request modification of public notice under paragraph (1). The same shall apply where a disaster situation is resolved. <Newly Inserted on Jul. 11, 2023> |
| (3) | If a letter of recommendation issued by the head of a relevant central administrative agency is necessary to issue a visa specified in Article 8 of the Immigration Act to a foreigner who intends to work for a foreign-capital invested company (referring to a foreigner and foreign-capital invested company defined in Article 2 (1) 1 and 6 of the Foreign Investment Promotion Act; hereinafter the same shall apply) in Jeju Self-Governing Province, such letter of recommendation may be replaced with a letter of recommendation issued by the Governor, and other matters necessary for the Governor to issue a letter of recommendation may be prescribed by Presidential Decree. <Amended on Jul. 11, 2023> |
| (4) | Notwithstanding Article 10 of the Immigration Act, the Minister of Justice may separately determine and publicly notify the period of sojourn for any person who enters the Jeju Self-Governing Province under paragraph (1). <Amended on Jul. 11, 2023> |
| Article 198 (Permission for Extension of Sojourn Areas) |
| (1) | The Minister of Justice may permit the extension of a sojourn area upon receipt of an application from a foreigner, if that foreigner, as a citizen of one of the nations determined and publicly announced by the Minister of Justice, having entered Jeju Self-Governing Province under Article 197, intends to move elsewhere within the Republic of Korea. |
| (2) | Anyone who obtains permission under paragraph (1) may sojourn elsewhere within the Republic of Korea visa-free. |
| (3) | The Minister of Justice may require the inviter of a foreigner or any other related person to guarantee the relevant foreigner's personal identity if necessary in relation to permission for extension of his or her sojourn area. |
| (4) | The Minister of Justice may cancel permission for extension of sojourn area granted under paragraph (1), if the relevant foreigner falls under any of the following cases: |
| 1. | If the guarantor of his or her personal identity withdraws the guarantee or there is no longer a guarantor for his or her personal identity; |
| 2. | If it is found that he or she has obtained such permission by fraud or other improper means; |
| 3. | If he or she fails to comply with any of the conditions of such permission; |
| 4. | If critical grounds arise due to a change of circumstances, thereby becoming impracticable to maintain the status of permission any longer; |
| 5. | If his or her violation of this Act or any other Act is severe, or he or she violates any due order issued by an immigration control official in the course of performing his or her duties. |
| (5) | When an immigration control official, a national police officer, or an autonomous police officer performs his or her duties, he or she may verify at an airport, port, ship, airplane, or by any other means of transportation whether a foreigner, who must obtain permission for extension of sojourn area under paragraph (1), obtains permission to move elsewhere within the Republic of Korea, when the foreigner moves elsewhere within the Republic of Korea for sojourn. |
| (6) | The procedure for permission under paragraph (1), the procedure for guaranteeing personal identity under paragraph (3), the procedure for cancellation of such permission under paragraph (4), and the procedure for verifying such permission for extension of sojourn area under paragraph (5), shall be prescribed by Presidential Decree. |
| Article 199 (Prohibition from Providing Ships) |
| (1) | No one shall move or arrange to move any foreigner who fails to obtain permission for extension of sojourn area under Article 198 (1), elsewhere within the Republic of Korea. |
| (2) | No one shall provide any ship, airplane, or any other means of transportation (hereinafter referred to as "ship, etc."), or any passport for moving any foreigner who fails to obtain permission for extension of sojourn area under Article 198 (1), elsewhere within the Republic of Korea. |
| (3) | No one shall hide any foreigner who has moved or is moving elsewhere within the Republic of Korea in violation of Article 198 (1) or assist such person to escape, or provide him or her with a ship, etc. for such purposes. |
| Article 200 (Obligations of Transportation Business Entities) |
| (1) | The captain of a ship, etc. which operates between Jeju Self-Governing Province and any other area of the Republic of Korea or a transportation business entity, shall verify whether a foreigner who has obtained permission under Article 198 (1) and seeks to board the ship, etc. in order to move elsewhere within the Republic of Korea, and shall refuse his or her boarding if the foreigner has no permission. |
| (2) | The captain of a ship, etc. or a transportation business entity shall immediately notify the head of a regional immigration service of the foreigner who boards the ship, etc. without permission granted under Article 198 (1), if he or she discovers such person. |
| Article 201 (Duty of Public Officials to Notify) |
If a public official of the State or a local government discovers any foreigner who moved or is moving elsewhere within the Republic of Korea without permission for extension of sojourn area granted under Article 198 (1), in the course of performing his or her duties, he or she shall notify the head of a regional immigration service of such person without delay.
| Article 202 (Application of the Immigration Act) |
| (2) | The provisions concerning the dispositions and procedures for such dispositions to persons falling under Article 46 (1) 1 of the Immigration Act, shall apply to foreigners who have moved elsewhere within the Republic of Korea without permission for extension of sojourn area granted under Article 198 (1). |
| Article 203 (Application Mutatis Mutandis of the Immigration Act) |
| (2) | Except as otherwise expressly provided for in this Act, the relevant provisions of the Immigration Act shall apply mutatis mutandis to the process of immigration control including, but not limited to, departure and arrival inspections, control of sojourn, inspections, protection, and deportation. |
| (3) | The Minister of Justice may delegate his or her authority vested under Article 198 (1), (3), and (4) to the head of a regional immigration service, as prescribed by Presidential Decree. |
| Article 204 (Support for Foreign Language Education) |
| (1) | The State shall endeavor to support foreign language education conducted by Jeju Self-Governing Province. In such cases, the State shall ensure that the characteristics of the free international city are reflected in foreign language education. |
| (2) | If necessary for developing foreign language education, the State and Jeju Self-Governing Province may provide financial support for the salary, wages, etc. of the foreign teaching staff employed by schools up to and including high schools. |
| Article 205 (Provision of Foreign Language Services) |
| (1) | The State and Jeju Self-Governing Province shall provide foreign language services, including receiving and processing official foreign-language documents in Jeju Self-Governing Province, in order to provide greater convenience to foreign investors, etc. |
| (2) | Matters necessary in relation to the scope, methods, etc. of providing foreign language services under paragraph (1), shall be prescribed by Presidential Decree. |
| Article 206 (Re-Transmission of Foreign Broadcasting Services) |
Notwithstanding Article 78-2 (7) of the Broadcasting Act, CATV broadcasting business entities providing broadcasting services with coverage of Jeju Self-Governing Province may organize and operate the number of the channels for re-transmitting foreign broadcasting services within the coverage prescribed by Presidential Decree.
| Article 207 (Payments for Ordinary Transactions) |
Payments for ordinary transactions made in Jeju Self-Governing Province, not exceeding the scale prescribed by Presidential Decree, may be made between the parties of such transactions by the means of foreign payment defined in Article 3 (1) 4 of the Foreign Exchange Transactions Act.
| Article 208 (Housing Supply for Foreigners) |
Where a business entity defined in subparagraph 10 of Article 2 of the Housing Act builds and supplies private housing, the business entity may preferentially supply houses to foreigners prescribed by Provincial Ordinance who are non-home owners (including overseas Koreans defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans), within a range of 10/100 of the number of houses so constructed: Provided, That the houses may be preferentially supplied in excess of 10/100 if approval therefor is obtained from the Governor. <Amended on Jan. 19, 2016>
| Article 209 (Establishment of Foreigner-Only Nurseries) |
| (1) | The Governor or a social welfare foundation incorporated under Article 16 of the Social Welfare Services Act may establish and operate a foreigner-only nursery for providing effective education to foreigners' children, and the Governor may provide support to such social welfare foundation. In such cases, matters necessary for the establishment and operation of foreigner-only nurseries shall be prescribed by Provincial Ordinance. |
| (2) | If necessary for children who use a foreigner-only nursery under paragraph (1), the Governor may grant a child-care subsidy; and the detailed criteria thereof, such as the beneficiaries, and procedures for payment, of such subsidy, shall be prescribed by Provincial Ordinance. |
| Article 210 (Exemption of Foreign-Capital Invested Companies from other Acts) |
CHAPTER III DEVELOPMENT OF EDUCATION ENVIRONMENT
SECTION 1 Establishment and Operation of Educational Institutions of Each Level
| Article 211 (Special Cases concerning Establishment and Operation of Educational Foundations) |
| (1) | The authority of the Minister of Education bestowed under Articles 10 (1) and 11, the latter part of Article 20 (2), Articles 33, 34 (2), 35 (2), 36 (2), 45 (2) through (4), 47 (1), 47-2, and 74 (5) (limited to the imposition and collection of administrative fines under devolved authority) of the Private School Act, shall become the inherent authority of the Superintendent of the Provincial Office of Education as for an educational foundation that establishes and operates a school referred to in Article 4 (1) 1 of that Act; and shall become the Governor's inherent authority as for an educational foundation that establishes and operates a private school referred to in Article 4 (3) 1 of that Act: Provided, That it shall become the Governor's inherent authority as for an educational foundation that establishes and operates a school and a private school specified in Article 4 (3) 1 of the Private School Act at the same time. <Amended on Dec. 10, 2019> |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Education pursuant to Articles 5 (2) and 8-2, the former and latter parts, with the exception of the subparagraphs, of Article 10 (1), Articles 10 (3) and 10-2 (2), the proviso of Article 14 (4), Article 14 (6), the proviso of Article 18-2 (4), Article 18-2 (5), the proviso of Article 20-2 (2), the proviso of Article 21 (1), Articles 21 (6), 26 (3), and 26-2 (2), the proviso of Article 28 (1), Articles 28 (2), 29 (2), 31 (1) and (5), 32 (2), 35-2 (6), 36 (3), 53-2 (10), and 62 (5) of the Private School Act, may be prescribed by Provincial Ordinance. <Amended on May 29, 2016; Jul. 11, 2023> |
| Article 212 (Special Cases concerning Reversion of Residual Property) |
| (1) | Notwithstanding Article 35 (2) of the Private School Act, where an educational foundation which has established and operates a private school is dissolved (excluding merger or bankruptcy), a report on completion of liquidation shall be filed with the Superintendent of the Provincial Office of Education, if it has established and operates a school referred to in Article 4 (1) 1 of that Act; and with the Governor, if it has established and operates a school referred to in Article 4 (3) 1 of that Act. <Amended on Jul. 11, 2023> |
| (2) | Notwithstanding Article 35 (4) of the Private School Act, among the property not disposed of pursuant to Article 35 (2) of that Act, the property of an educational foundation which has established and operates a college educational institution shall be reverted to Jeju Self-Governing Province. In such cases, property reverted to Jeju Self-Governing Province shall be managed by the Governor, notwithstanding Article 35 (6) of the Private School Act. <Amended on Jul. 11, 2023> |
| (3) | When the Superintendent of the Provincial Office of Education or the Governor (in cases of the Governor, limited to the property managed by the Governor pursuant to paragraph (2)) grants concession, etc. under Article 35 (5) of the Private School Act, he or she need not obtain consent from the Minister of Education under Article 35 (6) of that Act. <Amended on Jul. 11, 2023> |
| Article 213 (Special Cases concerning Early Childhood Education) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Education under Articles 5 (3), 6 (2), 8 (1) and (4), 10 (2), 12 (3), 16 (2), 17 (3), 19 (3) (limited to matters concerning evaluation conducted under Article 19 (1)), 23 (2), and 24 (1) and (5) (limited to the methods for providing support under Article 24 (2)), the former part, with the exception of the subparagraphs, of Article 25 (1), Articles 25 (2) and (5), 26 (3), 27, and 30 (2) of the Early Childhood Education Act, may be prescribed by Provincial Ordinance. |
| Article 214 (Special Cases concerning Elementary and Secondary Education) |
| (1) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Education under Articles 4 (1), 13 (4), 14 (2), 18-2 (4), 18-3 (2), 27 (3), 30 (3) (excluding matters concerning the standards for assignment of school teachers), 31 (3), 33 (2), 34, 34-2 (4), 43 (2), 47 (2), 60 (3), 60-2 (3), 60-3 (3), and 63 (2) of the Elementary and Secondary Education Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020> |
| Article 215 (Special Cases concerning Employment of Fixed-Term Foreign Teaching Staff) |
| Article 216 (Special Cases concerning Management of Schools and Educational Courses) |
| (1) | National, public, or private elementary or secondary schools located in Jeju Self-Governing Province, may manage schools and educational courses to which Articles 8, 19 (4), 21 (1), 22 (2), 23 (2) and (3), 24, 26 (1), 29, 31, 39, 42, and 46 of the Elementary and Secondary Education Act shall not apply (hereinafter referred to as "autonomous school"), upon being designated by the Superintendent of the Provisional Office of Education. |
| (2) | The head of a national or public autonomous school may request the Superintendent of the Provisional Office of Education or the head of the District Office of Education to employ or appoint teaching staff necessary for the management of the autonomous school; or suspend the transfer of any teaching staff under his or her control. |
| (4) | Matters necessary concerning exemption from the relevant Act prescribed in paragraph (1) and management of autonomous schools prescribed in paragraphs (2) and (3), shall be provided for by Presidential Decree. |
| (5) | A person who fully completes the curriculum at an autonomous school equivalent to an elementary, middle, or high school defined in Article 2 of the Elementary and Secondary Education Act, shall be deemed to have academic background equivalent to that of a person who graduates from an elementary, middle, or high school, respectively. |
| (6) | No teaching staff and students of autonomous schools shall be treated disadvantageously on the grounds of working for, or studying at autonomous schools. |
| Article 217 (Establishment and Management of International High Schools) |
| (1) | The State, Jeju Self-Governing Province, or a school foundation may establish and operate a high school with the purpose of nurturing internationally competitive human resources (hereinafter referred to as "international high school"). |
| (2) | Articles 9, 19, 19-2, 21, 23, 24, 26, 29, 31, and 46 of the Elementary and Secondary Education Act, need not apply to any international high school. |
| (3) | Notwithstanding Article 47 of the Elementary and Secondary Education Act, the head of an international high school may admit a foreigner to enroll (including to re-admit, transfer-out, and transfer-in), if the relevant foreigner is deemed capable of studying high school courses. |
| (5) | Notwithstanding Article 35 of the Educational Officials Act, matters necessary for the establishment and management of international high schools under paragraphs (1) and (3), matters not applicable under paragraph (2), remuneration for the fixed-term teaching staff under paragraph (4), and other necessary matters, shall be prescribed by Presidential Decree. |
| (6) | Article 216 (2), (3), (5), and (6) shall apply mutatis mutandis to the employment of teaching staff by international high schools and the recognition of the academic background of graduates from international high schools. In such cases, "autonomous school" shall be construed as "international school." |
| Article 218 (Special Cases concerning Establishment and Management of Universities, Colleges, and Junior Colleges) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Education under Articles 4 (1) and (3), 5 (2), 6 (2), 7 (2), 19 (1), and 20 (2), the proviso of Article 21 (1), Articles 23 (1) (limited to matters referred to in subparagraph 4), 24, 32 (excluding matters concerning the fixed numbers for health and medical care and for teachers’ training), 35 (6), 36 (2), 40 (2), 40-2, and 60 (2) of the Higher Education Act, may be prescribed by Provincial Ordinance: Provided, That matters concerning national schools specified in Article 3 of the Higher Education Act shall not be prescribed by Provincial Ordinance; and consultations with the Minister of Education shall be sought where matters referred to in Article 4 (1) of that Act are to be prescribed by Provincial Ordinance. |
| (3) | Notwithstanding the Higher Education Act, universities that operate bachelor’s degree courses as well as associate degree courses (referring to universities and colleges, industrial colleges, and junior colleges defined in subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act; hereafter in this Article, the same shall apply) may be established and operated in Jeju Self-Governing Province. |
| (5) | Notwithstanding the proviso of Article 21 (1) of the Higher Education Act, universities established pursuant to paragraph (3) may provide their educational courses, either jointly or in collaboration with, a foreign university (including educational institutions equivalent to junior colleges). |
| Article 219 (Establishment of Educational Courses of Foreign Universities and Colleges) |
| (1) | A foreign university may establish and provide educational courses thereof (referring to degree courses or non-degree courses established and provided by a foreign university; hereafter in this Article, the same shall apply) at a school referred to in any subparagraph of Article 2 of the Higher Education Act. |
| (2) | The provisions of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City governing the establishment and operation of foreign educational institutions shall apply mutatis mutandis to the offering and operation of academic courses by foreign universities. |
| Article 220 (Special Cases concerning Establishment and Management of Foreign Educational Institutions) |
| (1) | A foreign educational foundation (referring to a foreign educational foundation defined in subparagraph 1 of Article 2 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City; hereinafter the same shall apply) may establish a foreign educational institution (referring to a foreign educational institution defined in subparagraph 5 of Article 2 of the Special Act on Designation and Management of Free Economic Zones; hereinafter the same shall apply). |
| (2) | In establishing a foreign educational institution pursuant to paragraph (1), the establishment of a foreign educational institution corresponding to a school up to and including high school level, shall be subject to approval from the Superintendent of the Provincial Office of Education; and the establishment of a foreign university shall be subject to approval from the Governor. |
| (3) | When the Superintendent of the Provincial Office of Education or the Governor approves the establishment of a foreign educational institution pursuant to paragraph (2), he or she shall submit the relevant case to the deliberative committee for establishment and operation of foreign educational institutions referred to in paragraph (5) (hereafter in this Article, referred to as the "Committee") for deliberation and resolution thereon. |
| (4) | The criteria for establishing foreign educational institutions, procedures for establishment approval and other matters necessary for establishment, shall be prescribed by Provincial Ordinance: Provided, That when criteria for establishing foreign universities are prescribed by Provincial Ordinance, prior consultation with the Minister of Education shall be sought. |
| (5) | The Committee shall be established under the jurisdiction of the Superintendent of the Provincial Office of Education and of the Governor, respectively, to deliberate on the establishment and operation of foreign educational institutions. |
| (6) | Matters concerning the functions, organization, and operation of the Committees shall be prescribed by Provincial Ordinance. |
| (7) | Except as otherwise expressly provided for in this Act, the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City shall apply to the establishment and operation of foreign educational institutions. In such cases, "Minister of Education" shall be construed as "Superintendent of the Provincial Office of Education" for foreign educational institutions falling under a school up to and including high school level; and as "Governor" for foreign universities; and "Presidential Decree" (excluding Presidential Decree under the main clause of Article 10 (1) of that Act) or "Ordinance of the Ministry of Education" as "Provincial Ordinance,” respectively. |
| (8) | The State or Jeju Self-Governing Province may provide a foreign educational institution with funds necessary to purchase a site, construct facilities, or operate a school, or school sites, as prescribed by Presidential Decree. |
| (9) | The number of local students who can be admitted to a foreign educational institution corresponding to a school up to and including high school level, which is established under paragraph (1), shall be determined by the head of the foreign educational institution within the ratio determined by Presidential Decree. |
| (10) | Where Jeju Self-Governing Province provides support to a foreign educational foundation or institution pursuant to Article 13 or 14 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City, its participation in the decision-making body of the relevant foreign school foundation or institution and methods of participation may be separated prescribed by Provincial Ordinance, notwithstanding Article 15 (1) 1 of that Act. |
SECTION 2 Formation of English Language Education Cities
| Article 221 (Designation of English Language Education Cities) |
| (1) | The State or Jeju Self-Governing Province may designate a certain region of Jeju Self-Governing Province as an education city aimed at forming an international education environment (hereinafter referred to as "English language education city"). |
| Article 222 (Gratuitous Transfer of Public Property) |
| (1) | Notwithstanding the Public Property and Commodity Management Act, Jeju Self-Governing Province may transfer or lease any public property, etc. in English language education cities to implementers designated under Article 11 of the Urban Development Act or permit such implementers to use and profit therefrom, gratuitously or at or below the market price (hereafter in this Article, referred to as "gratuitous transfer, etc."). |
| (2) | When an implementer sells or parcels out public property, etc. he or she has obtained under gratuitous transfer, etc. pursuant to paragraph (1), he or she shall pre-consult with the Governor. |
| (3) | The Governor shall take necessary measures to ensure that an implementer uses public property in compliance with the purpose of transfer when making gratuitous transfer, etc. of such public property, etc. pursuant to paragraph (1). |
| Article 223 (Establishment of International Schools) |
| (1) | Schools aimed at improving foreign language proficiency of Korean citizens and training internationally competitive human resources (hereinafter referred to as "international school"), may be established and operated in English language education cities. |
| (2) | International schools shall include kindergartens, elementary schools, middle schools, and high schools. However, if necessary, such schools may be annexed, merged, or consolidated with each other. |
| Article 224 (Relationship to Other Acts) |
| Article 225 (Eligibility for Establishment of International Schools) |
Entities eligible for establishing and operating an international school in an English language education city, shall be as follows:
| 1. | The State or Jeju Self-Governing Province; |
| 2. | A corporation incorporated under this Act, other statutes, or foreign statutes (referring to foreign statutes corresponding to this Act or other statutes; hereafter in this Section, the same shall apply), and prescribed by Provincial Ordinance. |
| Article 226 (Approval for Establishment) |
| (1) | When an entity referred to in subparagraph 1 of Article 225 intends to establish and operate an international school, it shall pre-consult with the Superintendent of the Provincial Office of Education, upon fulfilling the requirements prescribed by Provincial Ordinance, including facilities and equipment. |
| (2) | When an entity referred to in subparagraph 2 of Article 225 intends to establish and operate an international school, it shall obtain prior approval from the Superintendent of the Provincial Office of Education, upon fulfilling the requirements prescribed by Provincial Ordinance, including facilities and equipment: Provided, That when a for-profit corporation applies for the establishment of an international school, the Superintendent of the Provincial Office of Education shall grant approval, with consent from the Minister of Education. |
| (3) | Anyone who intends to establish and operate an international school shall file an application for consultation or approval referred to in paragraph (1) or (2), along with the documents prescribed by Provincial Ordinance, stating the name of the school, objectives for its establishment, management plans for academic affairs, etc., to the Superintendent of the Provincial Office of Education. |
| (4) | A founder and operator of an international school shall revise important matters prescribed by Provincial Ordinance, among the matters agreed upon or approved under paragraph (1) or (2), pursuant to paragraph (1) or (2). |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for consultation about, and approval for, establishment of an international school, and any revision thereto, shall be prescribed by Provincial Ordinance. |
| Article 227 (Outsourcing Management) |
| (1) | A corporation which has obtained approval to establish an international school pursuant to Article 226 (2) (hereinafter referred to as "international school foundation") may outsource the management of the international school to an entity referred to in subparagraph 2 of Article 225 upon approval from the Superintendent of the Provincial Office of Education. |
| (2) | An entity referred to in subparagraph 1 of Article 225 may outsource the management of an international school it has established, to an entity referred to in subparagraph 2 of Article 225, following consultation with the Superintendent of the Provincial Office of Education. In such cases, an international school, the management of which is outsourced, shall be deemed a school established by an international school foundation. |
| (3) | Matters necessary for outsourcing the management of international schools pursuant to paragraphs (1) and (2) shall be prescribed by Provincial Ordinance. |
| Article 228 (Management of International Schools) |
| (1) | Each international school's autonomy as to school management shall be guaranteed to the maximum extent in order to accomplish the objectives of establishment thereof. |
| (2) | The academic curricula of an international school shall be determined by the head of the international school: Provided, That curricula for Korean as well sociology prescribed by Presidential Decree shall be determined by the Minister of Education. In such cases, the provisions concerning the curricula for the subjects, Korean and sociology, need not apply to foreigners entering schools under paragraph (5). |
| (3) | The head of an international school may determine the following matters necessary for the management of the international school, as prescribed by Presidential Decree: |
| 1. | Class-related matter, such as academic years, semesters, number of days of classes, and class organization; |
| 2. | Grade systems, years required for graduation, etc.; |
| 3. | Use of course books for international schools; |
| 4. | Organization and management of the school operating committee; |
| 5. | Qualifications, methods, and procedures for admission. |
| (4) | Matters concerning the enactment of school regulations; evaluation of schools and students attending schools; procedures for evaluation and disclosure of the results of evaluation; and collection of tuition fees and other charges of international schools, shall be prescribed by Provincial Ordinance: Provided, That matters concerning tuition fees for national or public international schools which are kindergarten, elementary schools, and middle schools, shall be governed by the Early Childhood Education Act and the Elementary and Secondary Education Act. |
| (5) | The head of an international school may allow any foreigner deemed capable of taking courses for elementary school, middle school, or high school, to enroll in (including to re-admit, transfer-out of, and transfer-in to) the relevant courses. |
| (6) | Article 216 (5) and (6) shall apply mutatis mutandis to the acknowledgement of academic background for graduates from international schools. In such cases, "autonomous school" shall be construed as “international school.” |
| (7) | No student of an international school shall be disadvantaged without any reasonable ground due to his or her study in the international school. <Newly Inserted on Dec. 10, 2019> |
| Article 229 (Application of Other Statutes) |
| Article 230 (Appointment of Teaching Staff) |
| (1) | Qualifications for teaching staff for international schools, the maximum number of faculty members, standards for placement thereof, etc. shall be prescribed by Presidential Decree. |
| (2) | Articles 54, 54-2, 56 through 58, 58-2, 59, 60, 60-2, 61 through 64, 64-2, 65, 66, 66-2, 66-3, 66-4, and 70-2 of the Private School Act shall apply mutatis mutandis to the appointment, dismissal, service, status guarantee, social security, etc., for teachers and clerical personnel hired by international schools established and managed by international school foundations (excluding corporations established under foreign statutes): Provided, That Articles 56, 58 (2), 58-2, 59, 61 through 64, 64-2, 65, 66, 66-2, 66-3 (2) and (3), and 66-4 of that Act shall not apply to the fixed-term teaching staff referred to in Article 54-4 of that Act. |
| (3) | Any international school may appoint foreigners necessary for the management of its educational courses as its teaching staff, as prescribed by Provincial Ordinance. |
| (4) | Matters referred to in the subparagraphs of Article 35 of the Educational Officials Act among matters concerning remunerations for foreign teaching staff referred to in paragraph (3) (limited to the teaching staff of national or public international schools), may be separately prescribed by Provincial Ordinance. |
| (5) | Article 216 (2) and (3) shall apply mutatis mutandis to the placement of teaching staff and faculty members for national or public international schools. In such cases, "autonomous school" shall be construed as “international school.” |
| (6) | The head of an international school shall ensure that no discrimination or disadvantage occurs between Korean teaching staff and foreign teaching staff without any reasonable cause. <Newly Inserted on Jul. 11, 2023> |
| (1) | The accounting of an international school shall be separately kept for accounting pertaining to the school and accounting pertaining to the affairs of a foundation. |
| (2) | Accounting pertaining to a school under paragraph (1) shall be kept according to the accounting standards, etc. determined by the Superintendent of the Provincial Office of Education, and accounting pertaining to affairs of a foundation shall be kept according to statutes under which such corporation has been established. |
| (3) | All surplus accruing at the settlement of accounts pertaining to the school of an international school, shall be used for the objectives of its establishment. |
| Article 232 (Registration for Establishment of International Schools) |
| (1) | An international school foundation shall file for the same registration as registration for establishment of a branch office of a corporation under Article 50 of the Civil Act, with respect to an international school approved for establishment, within three weeks from the date of approval for establishment, as prescribed by Provincial Ordinance. |
| (2) | An international school shall be duly formed when the registration for its establishment is completed under paragraph (1). |
| Article 233 (Application Mutatis Mutandis of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City) |
Articles 9 and 14 through 20 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City shall apply mutatis mutandis to the guidance, supervision, financial support, and measures incidental thereto, and approval for closure of international schools. In such cases, "foreign school foundation" shall be construed as "international school foundation;" "foreign educational institute" as "international school;" "head of a foreign educational institute" as "head of an international school;" "Minister of Education" as "Superintendent of the Provincial Office of Education;" "Presidential Decree" as "Provincial Ordinance;" and "department" as "school," respectively.
| Article 234 (Creation of English-Speaking Environment) |
| (1) | The State and Jeju Self-Governing Province shall implement the following measures incrementally to create an English-speaking environment of an English language education city: |
| 1. | Provision of English service by public institutions; |
| 2. | English signage transcription at public facilities; |
| 3. | Creation of an English-speaking environment at neighborhood living facilities, cultural facilities, welfare facilities, etc.; |
| 4. | Other matters necessary for the creation of an English-speaking environment. |
| (2) | Matters necessary for creating an English-speaking environment under paragraph (1) may be prescribed by Provincial Ordinance. |
CHAPTER IV DESIGNATION AS ISLAND OF WORLD PEACE
| Article 235 (Designation as Island of World Peace) |
| (1) | The State may designate Jeju Self-Governing Province as the Island of World Peace to contribute to world peace and secure the stability and peace of the Korean Peninsula. |
| (2) | The State and Jeju Self-Governing Province may implement the following projects necessary for performing the functions and role as the Island of World Peace referred to in paragraph (1): |
| 1. | Inducing organizations related to international peace and cooperation; |
| 2. | Establishing a research institute related to international cooperation; |
| 3. | Holding international conferences related to international peace and cooperation; |
| 4. | Projects related to exchanges and cooperation between South and North Korea; |
| 5. | Commemoration projects to propagate peace ideology; |
| 6. | Other projects for international peace and cooperation. |
| (3) | Notwithstanding the State Property Act, the State may transfer a piece of State property under the jurisdiction of Seogwipo-si where Joint Military and Civilian Tourism Port is to be constructed pursuant to Article 236, to Jeju Self-Governing Province, gratuitously or on condition that substitute property be provided, or permit the use of such State property by Jeju Self-Governing Province without compensation in consultation with Jeju Self-Governing Province, if necessary for implementing commemoration projects under paragraph (2) 5. <Amended on Jul. 18, 2023> |
| (4) | Where the State permits the use of any State property without compensation pursuant to paragraph (3), the State may determine the period of permission for use within 10 years, notwithstanding Article 35 (1) of the State Property Act. <Newly Inserted on Jul. 18, 2023> |
| (5) | Where the period of permission for the use of State property permitted pursuant to paragraph (3) expires, the previous permission for use may be renewed for a period not exceeding 10 years, except as prescribed by Presidential Decree. <Newly Inserted on Jul. 18, 2023> |
| (6) | Notwithstanding Article 18 (1) of the State Property Act, Jeju Self-Governing Province permitted to use State property pursuant to paragraph (3) may install permanent facilities on condition of reinstatement, if no limitation exists in conducting military operations. In such cases, the State shall require Jeju Self-Governing Province to take measures to guarantee the implementation of the expenses required for reinstatement, such as removal of the relevant permanent facilities, and the State Property Act shall apply to the standards and procedures for such measures. <Newly Inserted on Jul. 18, 2023> |
| (7) | The State shall provide administrative and financial support necessary for implementing the projects referred to in paragraph (2). <Amended on Jul. 18, 2023> |
| (8) | Matters necessary for the designation of the Island of World Peace, the implementation of projects, and administrative and financial support under paragraphs (1) through (7) shall be prescribed by Presidential Decree. <Amended on Jul. 18, 2023> |
| Article 236 (Formulation of Regional Development Plans related to Joint Military and Civilian Tourism Port) |
| (1) | The Minister of the Interior and Safety shall formulate a development plan (hereafter in this Article, referred to as "regional development plan") to facilitate the development of the region where the Joint Military and Civilian Tourism Port is constructed (referring to a naval base and supplementary facilities of a cruise port to be newly constructed at Seogwipo-si in Jeju Self-Governing Province) and to improve the livelihood of residents. <Amended on Jul. 26, 2017> |
| (2) | The regional development plan shall contain the following: |
| 1. | Matters concerning basic policies to facilitate projects for regional development (hereafter in this Article, referred to as "regional development project"); |
| 2. | Scope of the regions eligible for regional development projects; |
| 3. | Matters concerning the development of the community and habitat; |
| 4. | Matters concerning the promotion of regional industries; |
| 5. | Matters concerning environmental conservation; |
| 6. | Matters concerning funding necessary for regional development projects, etc.; |
| 7. | Matters concerning project-specific annual investment plans; |
| 8. | Other matters deemed necessary for regional development. |
| (3) | When the Minister of the Interior and Safety formulates or amends a regional development plan, he or she shall consult with the heads of relevant central administrative agencies and the Governor. <Amended on Jul. 26, 2017> |
| (4) | To efficiently promote a regional development project in accordance with a regional development plan, the State and Jeju Self-Governing Province shall take necessary measures for a person who implements the regional development project within budgetary limits, such as providing subsidies or loans for funds, or the arrangement thereof. |
| (5) | The State and Jeju Self-Governing Province shall endeavor to facilitate executing regional development projects by providing administrative or financial support to a person who implements a regional development project. |
| Article 237 (Support by Increasing National Subsidy) |
Where the State grants a subsidy under Article 236 (4) to a person who implements a regional development project, the national subsidy may be increased in accordance with the subsidy rate prescribed by Presidential Decree, notwithstanding the subsidy rates prescribed by other Acts.
PART IV INDUSTRIAL DEVELOPMENT AND REINFORCEMENT OF AUTONOMOUS DECENTRALIZATION
CHAPTER I PROMOTION OF TOURISM AND CULTURE
SECTION 1 Promotion of Tourism
| Article 238 (Fosterage and Promotion of Tourism Industry) |
| (1) | The State shall amend relevant statutes to enable Jeju Self-Governing Province to autonomously implement tourism policies, formulate plans to promote tourism, and take into consideration matters concerning the promotion of tourism for Jeju Self-Governing Province when performing projects. |
| (2) | Jeju Self-Governing Province shall promote a regional environment favorable for tourism, based on self-regulation and accountability; develop tourism resources; and nurture the tourism industry, thereby contributing to the promotion of tourism nationwide. |
| (3) | The State may request cooperation from Jeju Self-Governing Province, if necessary in relation to the formulation of tourism policies nationwide, safety of tourists, consumer protection, and standards for tourism. |
| Article 239 (Tourism Development Plan for Jeju Self-Governing Province) |
| (1) | The Governor shall formulate a tourism development plan for Jeju Self-Governing Province (hereafter in this Article, referred to as "tourism development plan") as part of a comprehensive plan which includes the following matters, in order to ensure efficient development and management of tourism resources in Jeju Self-Governing Province, when formulating a comprehensive plan: |
| 1. | Matters concerning a tourism environment and trends; |
| 2. | Matters concerning supply of and demand for tourism; |
| 3. | Matters concerning protection, development, use, or management of tourism resources; |
| 4. | Matters concerning creation, rearrangement, and supplementation of tourist attractions and tourism complexes; |
| 5. | Matters concerning linkages among tourist attractions; |
| 6. | Matters concerning promotion of tourism projects; |
| 7. | Matters concerning environmental conservation; |
| 8. | Other matters necessary for developing and managing tourism resources. |
| (3) | Matters necessary for implementing tourism development plans may be prescribed by Provincial Ordinance. |
| Article 240 (Special Cases concerning Grading of Tourist Accommodation Business) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Culture, Sports and Tourism under the proviso of Article 19 (1) and Article 19 (5) of the Tourism Promotion Act (excluding matters concerning campground business), may be prescribed by Provincial Ordinance. |
| Article 241 (Designation and Operation of Exemplary Tourist Enterprises) |
| (1) | The Governor may implement a system designating exemplary tourist enterprises, to improve the quality and services of tourist business of Jeju Self-Governing Province. |
| (2) | Matters necessary for designating and operating exemplary tourist enterprises pursuant to paragraph (1) may be prescribed by Provincial Ordinance. |
| Article 242 (Special Cases concerning Plans to Create Tourist Attractions) |
Notwithstanding Article 55, 56, and 58 of the Tourism Promotion Act, Articles 147, 148, and 153 shall apply mutatis mutandis to matters concerning permission, approval, etc. when a plan to create tourist attractions and tourist complexes not performed by a development project under Article 140 (1) 17 is implemented, nullified, or is approved, or an amendment thereto is approved.
| Article 243 (Special Cases concerning Application of the Tourism Promotion Act to Encourage Foreign Investment) |
| (1) | Notwithstanding Article 21 of the Tourism Promotion Act, the Governor may permit a casino business referred to in Article 5 (1) of that Act (limited to foreigner-only casino businesses) to any person who intends to obtain permission for casino business and make foreign investment (referring to foreign investment defined in Article 2 (1) 4 of the Foreign Investment Promotion Act; hereafter in this paragraph, the same shall apply) in Jeju Self-Governing Province, in order to encourage foreign investment, if the person meets each of the following requirements. In such cases, the Governor may attach conditions to the permission, or permit at least two casino businesses based upon the amount of foreign investment referred to in subparagraph 1: |
| 1. | That the amount of foreign funds to be invested in the tourism business shall be at least five hundred million U.S. Dollars; |
| 3. | That the investor’s credit status, etc. shall meet the conditions prescribed by Presidential Decree. |
| (2) | A person who intends to obtain permission for a casino business under paragraph (1) shall file an application for permission to the Governor, along with documents prescribed by Provincial Ordinance, including, but not limited to, an investment plan. |
| (3) | Matters necessary for the place and commencement time of business in relation to permission for a casino business under paragraph (1) shall be prescribed by Provincial Ordinance. |
| (4) | A person who has obtained permission for a casino business under paragraph (1) shall be equipped with facilities and instruments referred to in Article 23 (1) of the Tourism Promotion Act before commencing the business. |
| (5) | The Governor shall cancel permission the relevant person has obtained under paragraph (1), in any of the following circumstances: |
| 1. | If he or she fails to make an investment under paragraph (1) 1; |
| 3. | If he or she violates any condition of permission attached under the latter part, with the exception of the subparagraphs, of paragraph (1). |
| Article 244 (Special Cases concerning the Tourism Promotion Act) |
| (1) | The authority of the Minister of Culture, Sports and Tourism bestowed under Articles 5 (1), 8 (4) and (8), 21, 21-2, 22 through 27, 35 (excluding paragraph (1) 9-2) through 40, 47 (1), 77, 78, and 86 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Tourism Promotion Act, shall become the Governor's inherent authority. <Amended on Dec. 11, 2018; Jul. 11, 2023> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Culture, Sports and Tourism under Articles 3 (1) 3 (b) and (2) (excluding matters concerning campground business), 4 (3) through (5), 5 (1) through (6), 6, 8 (2) and (8), 9, 10 (1) and (4), 11 (1) 2, 12, 13 (1) and (5), and 15 (1) through (3), the proviso, with the exception of the subparagraphs, of Article 16 (5), Articles 16 (5) 2, 17 (1), (4), and (6), and 20 (1) and (2) 1, the proviso of Article 20 (2) 2, Article 20 (5), the provision, with the exception of the subparagraphs, of Article 20 (5), Articles 20 (5) 7, 21 (1) 1 and 2 and (2), and 23 (1) and (2), the main clause of Article 24 (1), Articles 25 (2) through (4) and 26 (1), the former part of Article 26 (2), the provision, with the exception of the subparagraphs, of Article 28 (1), the former part, with the exception of the subparagraphs, of Article 28 (2), the main clause of Article 31 (1), the former part of Article 33 (1), Articles 33 (5) (excluding the details, period, methods, etc. of safety education), 34 (1), 35 (1) 8 and (3), and 37 (2), the main clause of Article 38 (1), the main clause of and proviso of Article 38 (2), the main clause, with the exception of the subparagraphs, of Article 40, Article 48 (2), the main clause of Article 52 (1), the latter part of Article 52 (5), the provision, with the exception of the subparagraphs, of Article 79, and the provision, with the exception of the subparagraphs, of Article 80 (3) (excluding subparagraph 4-2) of the Tourism Promotion Act, may be prescribed by Provincial Ordinance. <Amended on Jun. 12, 2018; Dec. 11, 2018; Dec. 10, 2019; Jul. 11, 2023> |
| Article 245 (Special Cases concerning Payment of Tourism Promotion and Development Fund) |
| Article 246 (Special Cases concerning Tourism Promotion and Development Fund) |
| (1) | Notwithstanding Article 2 (1) of the Tourism Promotion and Development Fund Act, Jeju Self-Governing Province may establish the Jeju Tourism Promotion Fund in order to ensure the efficient development of the tourism industry and contribute to increasing the revenue of foreign currencies from the tourism industry. |
| (2) | The Jeju Tourism Promotion Fund referred to in paragraph (1) shall be created with the following financial resources: <Amended on Dec. 10, 2019> |
| 1. | Contributions by the State or Jeju Self-Governing Province; |
| 3. | Departure payments under paragraph (3); |
| 4. | Funds transferred under paragraph (4). |
| (3) | Notwithstanding Article 2 (3) of the Tourism Promotion and Development Fund Act, persons determined by Presidential Decree, who leave Korea through an airport or harbor in Jeju Self-Governing Province, shall pay an amount determined by Presidential Decree of up to ten thousand won to the Jeju Tourism Promotion Fund. |
| (4) | Notwithstanding Article 2 (2) 4 of the Tourism Promotion and Development Fund Act, the Minister of Culture, Sports and Tourism shall transfer the amount equivalent to 50/100 of the license fees of bonded stores (including designated duty-free shops) in Jeju Self-Governing Province to the Jeju Tourism Promotion Fund. <Newly Inserted on Dec. 10, 2019> |
| Article 247 (Management of Jeju Tourism Promotion Fund) |
| (1) | The Jeju Tourism Promotion Fund shall be managed by the Governor. |
| (2) | Matters necessary for the management of the Jeju Tourism Promotion Fund including, but not limited to, the employment of civil experts, may be prescribed by Provincial Ordinance. |
| Article 248 (Formulation of Management Plans of Jeju Tourism Promotion Fund) |
| Article 249 (Application Mutatis Mutandis of the Tourism Promotion and Development Fund Act) |
Except as otherwise expressly provided for in this Act and Provincial Ordinance, the Tourism Promotion and Development Fund Act shall apply mutatis mutandis to the Jeju Tourism Promotion Fund. In such cases, “Minister of Culture, Sports and Tourism” shall be construed as “Governor;” and “Presidential Decree” as “Provincial Ordinance,” respectively.
| Article 250 (Establishment of Local Public Corporations related to Tourism Promotion) |
| (1) | Jeju Self-Governing Province may establish a local public corporation under the Local Public Enterprises Act in order to implement tourism policies and vitalize the tourism industry. |
| Article 251 (Registration, etc. of Resort Pension Business) |
| (1) | A person who intends to provide facilities to the members or joint owners of such facilities or any tourist, or run a business using them for accommodation (hereinafter referred to as "resort pension business") upon being equipped with facilities suitable for tourists' accommodation, cooking, and nature tours, shall file for registration with the Governor. The same shall apply where he or she intends to revise any important matter prescribed by Provincial Ordinance among the registered ones. |
| (2) | A person who intends to engage in resort pension business shall formulate a business plan on the relevant business to obtain approval from the Governor before filing for registration of his or her business under paragraph (1). The same shall apply where he or she intends to amend the approved business plan. |
| (3) | Notwithstanding Article 20 (1) of the Tourism Promotion Act, a person whose resort pensions business is registered or who has obtained approval of his or her business plan under paragraphs (1) and (2), may sell by units, or recruit members of the facilities of the resort pension business. |
| (4) | The criteria and procedure for registration and registration for revision under paragraph (1), the criteria and procedure for approval and approval for any amendment to a business plan under paragraph (2), the standards for sale and recruiting for memberships under paragraph (3), and the purchase of facilities by unit and issuance of memberships, shall be prescribed by Provincial Ordinance. |
| (5) | If a person to whom a resort pension business is transferred or who acquires a resort pension business through auction, etc. intends to assume the rights and obligations concerning registration, approval of, or reporting on the business plan, he or she shall report such transfer or acquisition to the Governor within one month from the date of such transfer or acquisition, as prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020> |
| (6) | The Governor shall notify a reporting person of whether his or her report is accepted within 15 days from the date of receipt of such report under paragraph (5). In such cases, if the Governor fails to notify the reporting person of whether the report is accepted or an extension of the period of processing it under the statutes or regulations governing civil petitions within the period prescribed in the former part of this paragraph, the report shall be deemed accepted on the day following the date the period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing civil petitions, referring to the relevant processing period) expires. <Newly Inserted on Dec. 22, 2020> |
| (7) | Where a report under paragraph (5) is accepted (including where a report is deemed accepted under the latter part of paragraph (6)), a person to whom a resort pension business is transferred or who acquires a resort pension business through auction, etc. shall succeed to the status of the person who registered the previous resort pension business or the person who has obtained approval of the business plan on the date of such transfer or acquisition. <Newly Inserted on Dec. 22, 2020> |
| (8) | Where the business plan of a resort pension business or any amendment thereto is approved under paragraph (2), Article 76 (1) and (5) 1 of the National Land Planning and Utilization Act shall not apply to accommodation facilities and amenities therein, within the specific use areas or zones prescribed by Presidential Decree among the specific use areas or zones designated under that Act. <Amended on Dec. 22, 2020> |
| (9) | Where a person whose resort pension business is registered or who has obtained approval of his or her business plan falls under any of the following cases, the Governor may cancel the registration or approval, suspend the business, or issue an order to improve the facilities or management within a given period not exceeding six months: <Amended on Dec. 22, 2020> |
| 1. | If the person who has obtained approval of his or her business plan under paragraph (2) fails to start or complete construction of the facilities of the resort pension business without just grounds, within the period prescribed by Provincial Ordinance; |
| 2. | If he or she uses any fraud or other improper means, or gives or accepts illicit funds or any other valuables in running the resort pension business or implementing the business plan; |
| 3. | If a project implementer violates this Act or an order or a disposition issued or made pursuant to this Act. |
| (10) | Further details concerning the criteria for the disposition for cancellation or suspension under paragraph (9) shall be prescribed by Provincial Ordinance, considering the grounds or severity of the relevant violation. <Amended on Dec. 22, 2020> |
| (11) | The Governor may take measures to close a place of business, if a person whose resort pension business is registered, continues his or her business even after his or her registration or approval is cancelled, or an order to suspend his or her business is issued under paragraph (9). In such cases, Article 36 of the Tourism Promotion Act shall apply mutatis mutandis to the method and procedure for closing places of business. <Amended on Dec. 22, 2020> |
| Article 252 (Promotion of Water Leisure Industry) |
| (1) | The Governor shall formulate and implement policies necessary for promoting the water leisure industry and activities. |
| (2) | The State may provide support necessary for promoting the water leisure industry and activities under paragraph (1). |
| Article 253 (Designation of Tourist Fishing Grounds) |
| (1) | The Governor may designate part of a fishing ground as a tourist fishing ground, to the extent not hindering the licensed fisheries, upon the application filed by a license holder for village fisheries or cooperative fisheries under Article 8 of the Fisheries Act, in order to activate marine leisure activities. In such cases, the Fisheries Act shall not apply to any of the methods for catching and collecting aquatic animals and plants within tourist fishing grounds. <Amended on Jan. 11, 2022> |
| (2) | Matters necessary concerning the criteria for the designation of tourist fishing grounds, fishing activities, methods for catching and collecting aquatic animals and plants, and the management and operation of tourist fishing grounds under paragraph (1), shall be prescribed by Provincial Ordinance. |
| (3) | The Governor may cancel the designation, if a person whose tourist fishing ground is designated under paragraph (1), fails to operate the tourist fishing ground in compliance with paragraph (2). |
| Article 254 (Special Cases concerning Promotion of International Conference Industry) |
| (2) | The Governor shall formulate administrative and financial support measures for the following affairs, in order to promote and facilitate the international conference industry within Jeju Self-Governing Province, thereby contributing to national development and improving the regional economy: |
| 1. | Formulating a plan to promote the international conference industry; |
| 2. | Supporting the inducement and hosting of international conferences; |
| 3. | Facilitating the establishment and operation of international conference facilities; |
| 4. | Training experts in international conferences; |
| 5. | Building and expanding infrastructure for promoting the international conference industry; |
| 6. | Facilitating international cooperation; |
| 7. | Expanding infrastructure for international teleconference or videoconference; |
| 8. | Other affairs for promoting and facilitating the international conference industry. |
| (3) | Matters necessary for performing affairs referred to in paragraph (2) may be prescribed by Provincial Ordinance. |
| Article 255 (Exemption or Refund of Custom Duties for Tourists to Jeju Self-Governing Province) |
| (1) | If a tourist to Jeju Self-Governing Province moves goods purchased at a designated duty-free shop elsewhere within the Republic of Korea, such goods may be eligible for exemption or refunding of custom duties, value-added tax, individual consumption tax, liquor tax, education tax, special rural development tax, tobacco consumption tax, and local education tax, as provided for in the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, etc. |
| (2) | Value-added taxes on tourism-related goods and services that a tourist to Jeju Self-Governing Province purchases and consumes in Jeju Self-Governing Province, may be refunded, as prescribed by the Restriction of Special Taxation Act. |
| Article 256 (Exemption from Taxes and Charges for Entry, etc. to Golf Clubs) |
| (1) | Entry to golf clubs located in Jeju Self-Governing Province may be exempted from individual consumption tax, special rural development tax, and education tax, as provided for in the Restriction of Special Taxation Act. |
SECTION 2 Promotion of Culture
| Article 257 (Promotion of Local Culture and Arts) |
| (1) | The Governor shall formulate and implement a plan to promote local culture and arts every five years (hereinafter referred to as "promotion plan"), in order for traditional culture and arts to be inherited and to develop the local culture. <Amended on Dec. 10, 2019> |
| (2) | A promotion plan shall include the following: <Amended on Dec. 10, 2019> |
| 1. | Basic policies and plans to promote local culture and arts; |
| 2. | Matters concerning inheritance and development of traditional culture and arts; |
| 3. | Matters concerning support to organizations for local culture and arts; |
| 4. | Matters concerning support to cultural activities and arts, and development of the cultural industry; |
| 5. | Matters concerning extension and repair of facilities related to culture and arts; |
| 6. | Matters concerning improvement of exchanges and globalization of culture and arts; |
| 8. | Other matters necessary for promoting local culture and arts. |
| (4) | The State or Jeju Self-Governing Province may contribute or lease State or public property to a person who performs a project promoting local culture and arts; or permit such person to use or profit therefrom, if necessary for the project promoting local culture and arts. |
| Article 257-2 (Special Cases concerning Installation of Art Works for Buildings) |
With regard to buildings to be constructed in Jeju Self-Governing Province, the standards for the scales of buildings for each type, for which a certain amount is required to be used in the installation of art works, may be otherwise prescribed by Presidential Decree notwithstanding Article 9 (1) of the Culture and Arts Promotion Act. [This Article Newly Inserted on Dec. 10, 2019]
| Article 257-3 (Creation of Island of Culture and Arts) |
| (1) | The Governor shall endeavor to make Jeju Self-Governing Province an island where its tradition of unique culture and arts continue to be inherited and developed (hereinafter referred to as "island of culture and arts"). |
| (2) | The Governor shall implement the following projects to create an island of culture and arts, and the State may subsidize such projects: |
| 1. | Promotion of international exchanges of culture and arts; |
| 2. | Support for programs to promote the creation and enjoyment of culture and arts; |
| 3. | Support for the installation and operation of cultural facilities; |
| 4. | Support for programs to promote traditional and regional culture; |
| 6. | Laying of a foundation for the culture and arts market; |
| 7. | Other projects necessary for creating an island of culture and arts. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 258 (Special Cases concerning Promotion of Public Performance) |
| Article 259 (Special Cases concerning Promotion of Libraries) |
| Article 260 (Designation of Local Culture and Tourism Zones) |
| (1) | The Governor may designate and develop a local culture and tourism zone, as prescribed by Provincial Ordinance, if necessary for the discovery, maintenance, preservation, inheritance, and development of local culture and promotion of tourism. |
| (2) | Anyone who intends to obtain designation of a local culture and tourism zone under paragraph (1) shall formulate a development plan, as prescribed by Provincial Ordinance, and shall obtain approval thereof from the Governor. The same shall apply to any amendment to the plan. |
| (3) | The Governor may partially subsidize expenses incurred in developing a local culture and tourism zone designated under paragraph (1), or support infrastructure, such as roads, water supply systems, sewage systems, telecommunications, and energy supply systems. |
| Article 261 (Designation of Cinematographic Industry Promotion Zones) |
| (1) | The Governor may designate and develop a cinematographic industry promotion zone, as prescribed by Provincial Ordinance, if necessary for the development of the cinematographic industry in Jeju Self-Governing Province. |
| (2) | Anyone who intends to obtain designation of a cinematographic industry promotion zone under paragraph (1) shall formulate a construction and development plan, as prescribed by Provincial Ordinance, and shall obtain approval thereof from the Governor. The same shall apply to any amendment to the plan. |
| (3) | The Governor may partially subsidize expenses incurred in developing a cinematographic industry promotion zone designated under paragraph (1), or support infrastructure, such as roads, water supply systems, sewage systems, telecommunications, and energy supply systems. |
| (4) | The Governor may establish a Jeju Cinematographic Works Committee for developing and fostering the cinematographic industry; necessary matters concerning the organization and management of the Jeju Cinematographic Works Committee shall be provided for by the Articles of Association of the Jeju Cinematographic Works Committee. |
| (5) | The State or Jeju Self-Governing Province may permit a person who intends to produce a cinematographic work to gratuitously use State or public property. In such cases, Jeju Self-Governing Province may provide the person with administrative support. |
| Article 262 (Special Cases concerning Promotion of Motion Pictures and Video Products) |
| (2) | Matters to be prescribed by Presidential Decree under Articles 26 (3) and 57 (3), the main clause, with the exception of the subparagraphs, of Article 58 (1), Articles 58 (3), 60, and 61 (1), (3), and (4), subparagraph 5 of Article 62, Articles 63 (2), 64 (1) and (2), 67 (5), the provision, with the exception of the subparagraphs, of Article 68 (1), Articles 88, 89 (2), and 99 (limited to the imposition and collection of administrative fines under devolved authority) of the Promotion of the Motion Pictures and Video Products Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Jul. 11, 2023> |
| Article 263 (Special Cases concerning Registration of News Communications Business) |
| (1) | The authority of the Minister of Culture, Sports and Tourism bestowed under Articles 8 (1) and (2), 9 (5), 9-3 (1), (2), (5), and (7), 9-5 (1) and (2), and 37 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Promotion of News Communications, shall be the Governor's inherent authority; the Deliberation Committee on Revocation of Registration shall be established under the jurisdiction of the Governor, notwithstanding Article 9-4 (1) of that Act. |
| Article 264 (Special Cases concerning Registration of Newspapers) |
| (2) | Matters to be prescribed by Presidential Decree under the main clause of and proviso, with the exception of the subparagraphs, of Article 9 (1), Articles 24 (2), 28 (1), and 39 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on Promotion of Newspapers may be prescribed by Provincial Ordinance. |
| Article 265 (Special Cases concerning Promotion of Periodicals, Including Magazines) |
| Article 266 (Special Cases concerning Installation and Utilization of Sports Facilities) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Culture, Sports and Tourism under Articles 7 (2), 8 (3), 10 (2), and 11 (1) and (2), the former and latter parts of Article 12, the proviso of Article 16 (1), Articles 16 (2), 17 (2) and (3), 18, 19, 20, 22 (2), 23 (1) and (2), and 24 (1), the main clause of and proviso of Article 26, Articles 29 (1) and (2), 32 (3), and 40 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Installation and Utilization of Sports Facilities Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 8, 2020> |
CHAPTER II PROMOTION OF AGRICULTURE, FORESTRY, LIVESTOCK INDUSTRY, FISHERIES, AND FOOD INDUSTRY
| Article 267 (Promotion of Agriculture, Forestry, Livestock Industry, Fisheries, and Food Industry) |
| (1) | The Governor shall formulate and promote plans to develop agriculture, forestry, the livestock industry, fisheries, and the food industry (hereinafter referred to as "development plan"), in order to enhance the competitiveness of agriculture, forestry, the livestock industry, fisheries, and the food industry; guarantee a stable income for farmers and fishermen; and pursue balanced development, congruent with other industries. In such cases, a development plan shall be deemed a plan to develop agriculture, rural communities, and the food industry under Article 14 (5) of the Framework Act on Agriculture, Rural Community and Food Industry and a plan to develop fisheries and fishing villages under Article 7 (5) of the Framework Act on Fishers and Fishing Villages Development. |
| (2) | A development plan shall include the following matters: |
| 1. | Matters concerning fostering the breeding of seeds, seedlings, breeding stocks, and breeding shellfishes; |
| 2. | Matters concerning the establishment of environment-friendly production systems for agriculture, forestry, the livestock industry, and fisheries suitable for local conditions; |
| 3. | Matters concerning the development and dissemination of technologies for enhancing the competitiveness of agriculture, forestry, the livestock industry, and fisheries; |
| 4. | Matters concerning the improvement of structures for producing and distributing agriculture, forestry, the livestock industry, and fisheries; |
| 5. | Matters concerning fostering the processing industry for the produce of agriculture, forestry, the livestock industry, and fisheries; |
| 6. | Matters concerning advancing exports of the produce of agriculture, forestry, the livestock industry, and fisheries; |
| 7. | Matters necessary for promoting the tangerine industry and for improving the structure thereof; |
| 8. | Matters concerning various support and improvement of welfare, such as subsidies for income, etc. for the producers of agricultural products; |
| 9. | Matters concerning increasing income from sources, other than agriculture, by correlating agriculture, forestry, the livestock industry, and fisheries with other industries, such as the biotechnology industry and the scientific healing technology industry; |
| 10. | Matters concerning training human resources for agriculture, forestry, the livestock industry, and fisheries; |
| 11. | Matters concerning the promotion of the food industry; |
| 12. | A plan to develop agriculture, rural communities, and the food industry formulated by the Minister of Agriculture, Food and Rural Affairs under Article 14 (1) of the Framework Act on Agriculture, Rural Community and Food Industry and a master plan to develop fisheries and fishing villages formulated by the Minister of Oceans and Fisheries under Article 7 (1) of the Framework Act on Fishers and Fishing Villages Development; |
| 13. | Other matters necessary for developing agriculture, forestry, the livestock industry, fisheries, and the food industry. |
| (3) | A rural community promotion fund shall be established, as prescribed by Provincial Ordinance, to raise and provide funds necessary for implementing development plans. |
| (4) | The Development Center shall contribute the amount consulted on in advance with the Minister of Land, Infrastructure and Transport and the Minister of Economy and Finance pursuant to Article 51-2 (1) of the Act on the Management of Public Institutions to the rural community promotion fund established under paragraph (3), which equals to 5/100 of net profits stated on the income statement of the designated duty-free shop for the immediately preceding fiscal year: Provided, That even where the income statement of the duty-free shop for the immediately preceding fiscal year shows a net profit, where the income statement of the Development Center for the immediately preceding fiscal year indicated a net loss, the amount need not be contributed. <Amended on Jul. 11, 2023> |
| (5) | The rural community promotion fund established under paragraph (3) shall be managed and operated by the Governor. |
| (6) | The State and Jeju Self-Governing Province shall endeavor to provide funds preferentially to projects necessary to implement the development plan. |
| Article 268 (Stabilization of Supply of and Demand for Produce of Agriculture, Forestry, Livestock Industry, and Fisheries) |
| (1) | The Governor may take measures necessary for adjusting production and shipment, and conducting quality inspections, in order to stabilize the supply of and demand for the produce of agriculture, forestry, the livestock industry, and fisheries produced in Jeju Self-Governing Province; improve the quality and safety of products; and raise efficiency in distribution. |
| (2) | Matters necessary concerning the product items, methods, procedures, and measures necessary for adjusting production and shipment, and conducting quality inspections under paragraph (1), shall be prescribed by Provincial Ordinance. |
| Article 268-2 (Special Cases concerning the Agricultural Mechanization Promotion Act) |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 269 (Special Cases concerning Subsidization of Maritime Transport Costs of Produce of Agriculture, Forestry, Livestock Industry, and Fisheries) |
Where any farmers and fishermen transport agriculture or fishery products defined in subparagraph 6 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and produced in Jeju Self-Governing Province to the land, the State and Jeju Self-Governing State may subsidize costs required for the improvement of distribution structure, such as the transport costs and charges for coastal cargo transportation services referred to in subparagraph 1 of Article 23 of the Marine Transportation Act, within budgetary limits.
| Article 270 (Special Cases concerning Designation of Agricultural and Fishing Villages) |
| (1) | Any of the following areas (hereinafter referred to as "agricultural and fishing area") shall be deemed an agricultural village, agricultural and fishing village, fishing village, or agricultural, mountain, and fishing village, for the purposes of the Framework Act on Agriculture, Rural Community and Food Industry, the Framework Act on Fishers and Fishing Villages Development, the Rearrangement of Agricultural and Fishing Villages Act, the Fishing Villages and Fishery Harbors Act, the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing villages, and other statutes: |
| 1. | The entire area of Eups and Myeons; |
| (2) | Notwithstanding paragraph (1) 2, the Governor may designate all or part of a residential area as an agricultural or fishing area. In such cases, matters necessary for such designation shall be prescribed by Provincial Ordinance. |
| Article 271 (Special Cases concerning Rearrangement of Agricultural and Fishing Villages) |
| (3) | Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of Agriculture, Food and Rural Affairs, or Ordinance of the Ministry of Oceans and Fisheries under Article 81 (2), the former part of Article 85 (2), the former part of Article 86 (1), Articles 86 (8) and (9), 89 (4), and 101 (7), the proviso of Article 102, Articles 112 (1) (applicable only to public land), 113, and 126 (2) and (4) of the Rearrangement of Agricultural and Fishing Villages, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Jul. 11, 2023> |
| Article 272 (Special Cases concerning Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages) |
| (1) | Deleted. <Mar. 21, 2017> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under Articles 5 (2), 6 (2) 8, 6 (6), 7 (2) 4, 7 (3), the former part of Article 7 (4), Articles 7 (5), 8 (3), and 9 (2), the former part of Article 9 (5), Articles 14 (2) and 18 (2), and the main clause of Article 22 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, may be prescribed by Provincial Ordinance. <Amended on Mar. 21, 2017; Jul. 26, 2017> |
| Article 273 (Special Cases concerning Environment-Friendly Agriculture Fosterage Plans) |
| 1. | Projects for developing multi-area environment-friendly agricultural complexes; |
| 2. | Projects for developing environment-friendly agricultural zones; |
| 3. | Projects for establishing distribution centers for environment-friendly agricultural produce; |
| 4. | Projects for subsidizing soil conditioners; |
| 5. | Projects for direct payment for environment-friendly agriculture; |
| 6. | Projects for providing support for school meals with environment-friendly agricultural produce; |
| 7. | Other projects necessary for fostering environment-friendly agriculture. |
| (2) | The State may subsidize expenses incurred in implementing projects specified under paragraph (1) and preserving the groundwater and soil environment of Jeju Self-Governing Province. |
| (3) | An Environment-Friendly Agriculture Fosterage Committee shall be established under the jurisdiction of the Governor to deliberate on environment-friendly agriculture plans and major matters concerning environment-friendly agriculture. |
| (4) | Further details necessary for the implementation of environment-friendly agriculture plans and matters necessary for the organization, management, etc. of the Environment-Friendly Agriculture Fosterage Committee under paragraph (3), shall be prescribed by Provincial Ordinance. |
| Article 274 (Special Cases concerning Designation of Agriculture Promotion Areas) |
| (1) | Notwithstanding Articles 30 (1) and 31 (2) of the Farmland Act, the Governor may designate an agriculture promotion area or change or revoke such designation without approval from the Minister of Agriculture, Food and Rural Affairs. |
| (2) | The authority of the Minister of Agriculture, Food and Rural Affairs bestowed under Article 28 (2) 1 of the Farmland Act and the authority of the Minister of Agriculture, Food and Rural Affairs concerning consultation with the Minister of Land, Infrastructure and Transport bestowed under Article 30 (3) of that Act, shall become the Governor's inherent authority. |
| (4) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Article 34 (1) of the Farmland Act (applicable only to consultations on diverting any farmland into a road (excluding expressways) defined in the Road Act), shall become the Governor's inherent authority. |
| Article 275 (Special Cases concerning Permits, Consultation, etc. to Divert Farmland) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Agriculture, Food and Rural Affairs in the former part, with the exception of the subparagraphs, of Article 34 (1), the former part, with the exception of the subparagraphs, of Article 35 (1), Article 35 (2), the main clause of Article 36 (1), Article 36 (3) and (5), and the main clause, with the exception of the subparagraphs, of Article 39 (1) of the Farmland Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 276 (Special Cases concerning Subsidization, etc. of Operating Expenses to Facilities Related to Female Farmers and Fishers) |
Matters concerning subsidization of expenses incurred in operating facilities related to female farmers and fishers, under the Support of Female Farmers and Fishers Act, may be prescribed by Provincial Ordinance.
| Article 277 (Special Cases concerning Restrictions on Permits to Divert Farmland) |
| Article 278 (Special Cases concerning Imposition and Collection of Farmland Conservation Charges) |
| Article 279 (Special Cases concerning Farmland Partition) |
| Article 280 (Special Cases concerning Management of Mountainous Districts) |
| (1) | The authority of the Minister of the Korea Forest Service bestowed under Articles 8 (1), 9 (1) through (3), 11 (1), 13-2 (1) and (2), 14 (1) through (3), 15 (1), (3), and (4), 17 (1) and (2), 18 (1) through (3), 20, 21 (1), 22 (1) 2, 25-3 (1) 5, 25-5 (1), 29 (1), (2), (4), and (5), 30 (1) and (3), 37 (1) through (4), 38 (1) through (4), 39 (2) and (3), 40 (1) through (3), 41, 42 (1) and (2), 43 (1) and (2), 44 (1) and (2) (limited to matters related to devolved authority), 47 (1) (limited to investigations on matters related to devolved authority), 48 (1) through (3) (limited to compensation for loss due to activities related to devolved authority), 49 (limited to hearings related to devolved authority), 50 (limited to fees related to devolved authority), and 57 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Mountainous Districts Management Act, shall become the Governor's inherent authority. <Amended on Dec. 2, 2016> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Agriculture, Food and Rural Affairs under Article 8 (1) and (3), Article 9 (1) through (3), subparagraphs 3 through 5 and 10 of Article 10, Articles 11 (1) 4, 12 (1) 2 through 6, 8, and 10 through 16, and 12 (2) 3, and the provision, with the exception of the subparagraphs, of Article 12 (2) 4, the proviso of Article 12 (2) 4 (a), Articles 12 (2) 5 through 8, 12 (3) 2, 13 (4), 13-2 (3), and the main clause and proviso of 14 (1), 14 (4), the latter part, with the exception of the subparagraphs, of Article 15 (1), Article 15 (2) and (3), the main clause of Article 17 (1) 1 and 2, Articles 17 (2) and 18 (2) 1 and 2 and 18 (4), the main clause and proviso of Article 18 (5), the main clause, with the exception of the subparagraphs, of Article 20 (1), the main clause, with the exception of the subparagraphs, of Article 21 (1), Articles 21 (2) and (3), 22 (4), the main clause and proviso, with the exception of the subparagraphs, of Article 25 (1), Articles 25 (2) and 25 (3) 1 and 2, and 25 (4), the proviso, with the exception of the subparagraphs, of Article 25-2, Article 25-3 (1) 1, 2, and 4, subparagraphs 2 through 4 of Article 25-4, Articles 26 and 28 (1) 2 and 4, the main clause of Article 28 (1) 5, the provision, with the exception of subparagraphs, of Article 28 (2), Article 28 (2) 2 and 3, the former part of Article 28 (3), the former part of Article 29 (1), Articles 29 (3) and (5) and 30 (1) and (3), the main clause of Article 30 (5), the provision, with the exception of the subparagraphs, of Article 37 (1), Articles 37 (9) and 38 (1) and (2), the main clause, with the exception of the subparagraphs, of Article 39 (2), Article 39 (3) 2 and (5), the former part of Article 40 (1), Articles 40 (3) and (4), 42 (2) and (3), 43 (3), and 47 (5), the main clause and proviso, with the exception of the subparagraphs, of Article 50 (limited to fees collected under the Governor's authority),and Article 57 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Mountainous Districts Management Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 2, 2016; Apr. 18, 2017; Jul. 11, 2023> |
| Article 281 (Special Cases concerning Deliberation of Restricted Areas for Converting Mountainous Districts) |
| Article 282 (Special Cases concerning Forestry Culture and Recreation) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Agriculture, Food and Rural Affairs under Article 5 (2), the latter part of Article 13 (2), the former part of Article 14 (2), Articles 14 (4) and 18 (3), the proviso of Article 18 (4), Article 20 (2) and (5), the main clause of and proviso of Article 21-5 (2), Articles 22, 22-3 (7) and (8), and 25 (2), the proviso of Article 25 (3), and Article 27 (2) of the Forestry Culture and Recreation Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 27, 2016; Feb. 21, 2018> |
| Article 283 (Special Cases concerning Creation and Management of Forest Resources) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Agriculture, Food and Rural Affairs under Article 9 (2) through (5), the proviso of Article 10 (1), Articles 10 (4) and 13 (1), the former part of Article 13 (3), Articles 13 (4), (5), and (7) and 14 (2), the former part of Article 14 (3), the main clause of and proviso of subparagraph 3 of Article 15, Article 16 (5), the proviso, with the exception of the subparagraphs, of Article 19 (5), Articles 19 (8), 20 (2), 23 (4) 3 and (6), 28 (2) 1 and 2, (3), and (9), and 29 (1) 3, the former and latter parts of Article 36 (1), the main clause of Article 36 (2), Articles 36 (3), (5), and (8), 38 (1), (2), (4), and (5), and 51 (1) of the Creation and Management of Forest Resources Act and Articles 8 (2) and 9 (1) 4, the provision, with the exception of the subparagraphs, of Article 9 (2), Articles 9 (2) 1 through 3, 11 (1) 1 (c) through (g), and 14 (1) and (5), the provision, with the exception of the subparagraphs, of Article 34 (1), and Article 34 (2) 1 and 2 of the Forest Protection Act may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Dec. 27, 2022> |
| Article 284 (Quarantine of Livestock, Marine Products, and Plants when Brought into or Removed from, Jeju Self-Governing Province) |
| (1) | The Governor shall take necessary measures, such as preliminary monitoring, prevention, and extermination of harmful animals, plants, or vermin, and fact-finding surveys on the actual outbreak thereof, in order to maintain a clean environment. |
| (2) | The Governor may take necessary measures, such as inspection, scanning, quarantine, detention, and prohibition from bringing into or being removed from Jeju Self-Governing Province for marine products, plants, livestock, and products thereof brought into or removed from Jeju Self-Governing Province, if necessary to maintain a clean environment in Jeju Self-Governing Province. |
| (3) | Matters necessary for those subject to prohibition from bringing into and being removed from Jeju Self-Governing Province and quarantine, methods, and procedure therefor under paragraph (2), and necessary measures, shall be prescribed by Provincial Ordinance. |
| Article 285 (Special Cases concerning Roles of Veterinary Inspectors) |
| Article 286 (Special Cases concerning Duties, etc. of Veterinarians) |
| (1) | Notwithstanding Article 21 (1) of the Veterinarians Act, the Governor may only entrust the duties specified in Article 21 (1) 2 and 5 of that Act to a veterinarian who is neither running a veterinary hospital, nor working for a veterinary hospital. |
| (2) | Detailed matters concerning the entrustment and management of veterinarians for the medical treatment of animals under paragraph (1) hereof and Article 21 of the Veterinarians Act, may be prescribed by Provincial Ordinance. |
| (3) | Matters to be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs under the former part of Article 17 (3) and the provision, with the exception of the subparagraphs, of Article 33 of the Veterinarians Act, may be prescribed by Provincial Ordinance. |
| Article 287 (Protection and Fosterage of Jeju Black Cows) |
| (1) | The Governor may take necessary measures concerning experiments and research for preserving the Jeju black cow breed, and protecting and fostering such cows. |
| (2) | Where necessary to take measures under paragraph (1), the Governor may restrict Jeju black cows or fertilized eggs or semen of Jeju black cows or bulls from being removed from the jurisdiction of Jeju Self-Governing Province. |
| (3) | Matters necessary concerning the fact-finding surveys on breeding of Jeju black cows prescribed in paragraph (1), the collection, preservation, and management of their genes, and restriction on removing them from Jeju Self-Governing Province, shall be prescribed by Provincial Ordinance, following consultation with the head of the institution having overall control over the improvement of livestock under Article 5 (3) of the Livestock Industry Act. |
| Article 288 (Special Cases concerning Direct Payment and Income Subsidies) |
| (2) | Criteria for selection of eligible product items, criteria and procedures for payment, method of calculation, implementation period, etc. under paragraph (1), may be prescribed by Provincial Ordinance. |
| Article 289 (Special Cases concerning Permitted Fisheries) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Article 7 (3), the provisions, with the exception of the subparagraphs, of Article 7 (4), Articles 19 (1) 2, 27 (5), 28 (5) (limited to reserves for protection of fishery rights for set-net fisheries), 37 (1), 40 (4) (limited to matters regarding auxiliary vessels for coastal fishery business), 48 (1), the proviso of Article 48 (4), Article 49 (4) (limited to matters concerning reported fisheries), 62 (1), (3), and (4) 2, the former part of Article 62 (5), and Article 62 (6) of the Fisheries Act and Article 36 (5) (limited to the total allowable catch plan for fishery resources formulated by the Governor under paragraph (3) of that Article) of the Fishery Resources Management Act, and Articles 21 (6) and 23 (3) of the Fisheries Seed Industry Promotion Act may be prescribed by Provincial Ordinance. <Amended on Jan. 11, 2022; Jul. 11, 2023> |
| (3) | Where a Provincial Ordinance is enacted with respect to auxiliary vessels for coastal fisheries (limited to fisheries that uses a non-powered fishing vessel, or a powered fishing vessel with the gross tonnage of less than 10 tons with scoop nets or lever nets for marine animals) pursuant to paragraph (2), if the quota or scale of an auxiliary vessel exceeds that of auxiliary vessels prescribed by the Fisheries Act and other relevant statutes, the quota or scale of the auxiliary vessel shall be pre-consulted on the Minister of Oceans and Fisheries. |
| Article 290 (Special Cases concerning Quality Control of Fishery Products) |
| (1) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 75 (1), 76 (2) and (4) through (6) (limited to the authority referred to in paragraph (2)), 78, 114 (1) 10, and 123 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Agricultural and Fishery Products Quality Control Act, shall become the Governor's inherent authority: Provided, That the authority in relation to Article 75 (1), 76 (2), and 78 of the Agricultural and Fishery Products Quality Control Act, shall be limited to the authority over facilities registered pursuant to Article 74 (1) of that Act and observing the Rules for Hazard Analysis and Critical Control Points at the production stage pursuant to Article 70 (4) of that Act. <Amended on Jan. 15, 2019> |
| Article 291 (Special Cases concerning Management of Fishing Grounds) |
| Article 292 (Special Cases concerning Management of Fishery Resources) |
| Article 293 (Special Cases concerning Use of Charter Fishing Vessels) |
| Article 294 (Special Cases concerning Development, Management, etc. of Fishing Villages and Fishery Harbors) |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Article 9 (1) 5, Article 9 (2), the proviso of Article 9 (3), the main clause of Article 9 (4), the main clause and proviso, with the exception of the subparagraphs, of Article 10 (1), the proviso of Article 10 (3), Articles 11 (1), 12 (2), and 13 (2), the main clause of and proviso of Article 14 (1), Articles 17 (2) and 18 (1) through (3), the main clause of Article 19 (1), the provision, with the exception of the subparagraphs, of Article 19 (2), Article 19 (5), the proviso of Article 19 (6), the main clause of and proviso of Article 21 (1), the proviso of Article 21 (2), Article 21 (3), the main clause, with the exception of the subparagraphs, of Article 23 (2), Article 23 (3), the proviso of Article 23 (4), Article 23 (6), the proviso of Article 26 (1), Article 26 (2) 1, 26 (3), the latter part of Article 26 (4), Articles 26 (7) and (8), 31 (2), 36, 37 (2), 38 (8) and (11), the proviso of Article 42 (1), and Article 44 (2) of the Fishing Villages and Fishery Harbors Act, may be prescribed by Provincial Ordinance: Provided, That matters concerning the State-owned fishery harbors defined in subparagraph 3 (a) of Article 2 of the Fishing Villages and Fishery Harbors Act, shall be excluded herefrom. <Amended on Dec. 10, 2019> |
| (4) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 7 (3) through (5), 9 (2) and (3), 10 (1) 1 and (2), 12 (2) and (3), 14 (1), 15, 19 (5), 23, 26 (1), (3), and (4), 27 (1) and (2), 28, 50, 51 (1), 54, 55, and 62 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Fishing Villages and Fishery Harbors Act, shall become the Governor's inherent authority. In such cases, the provisions of Articles 19 (5), 23, 26 (1), (3), and (4), 27 (1) and (2), and 28 of that Act shall be limited to national fishery harbors. <Amended on Dec. 10, 2019> |
CHAPTER III PROMOTION OF KNOWLEDGE ECONOMY INDUSTRY
| Article 295 (Establishment of Foundation for Information Communications Industry) |
| (1) | The Governor shall formulate measures necessary for promoting informatization of public and industrial sectors as well as personal lives, and developing Jeju Self-Governing Province to the hub of the worldwide information communications upon interconnecting organizations at various levels, companies, and homes. |
| (2) | The Governor shall formulate and implement a master plan to promote the informatization of Jeju Self-Governing Province, including the following matters, in order to implement measures formulated under paragraph (1) and develop the information communications industry: |
| 1. | Promotion of local informatization; |
| 2. | Inducement of and support for facilities related to state-of-the-art information communications; |
| 3. | Promotion of information exchanges aimed at becoming the leading region in information exchanges; |
| 4. | Training of human resources for information communications technology; |
| 5. | Establishment of the tourism information control center to obtain scientific statistical data on trends of tourists visiting Jeju Self-Governing Province via airports and ports; |
| 6. | Other matters necessary for developing the information communications industry. |
| (3) | The State may provide administrative and financial support, including technical support, if necessary for implementing measures under paragraph (1); and efficiently promoting a master plan to promote the informatization of Jeju Self-Governing Province under paragraph (2). |
| Article 296 (Special Cases concerning Designation of Facilities for Clustering Venture Businesses) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of Ministry of SMEs and Startups under Articles 16-7 (3) and 17-2 (2), the latter part of Article 17-2 (3), Article 17-2 (4), subparagraph 1 of Article 17-3, Article 17-4 (1) and (7), the former part of Article 18 (1), Articles 18 (2) 1 through 3, 18 (6), and 21 (2), and the former part of Article 21 (3) of the Act on Special Measures for the Promotion of Venture Businesses may be prescribed by Provincial Ordinance. <Amended on Jul. 26, 2017; Jan. 3, 2023> |
| Article 297 (Special Cases concerning Priority Purchase of Products Manufactured with Technologies Developed by Small or Medium Enterprises) |
| Article 298 (Designation of Districts for Creatively Utilizing Radio Waves) |
| (1) | The State or Jeju Self-Governing Province may designate a certain area of Jeju Self-Governing Province as a district for creatively utilizing radio waves for nurturing the radio waves industry in a creative manner, such as facilitation of convergence technologies of broadcasting and communications, and securing international competitiveness of related projects. |
| (2) | Upon designation of a district for creatively utilizing radio waves referred to in paragraph (1), the State or Jeju Self-Governing Province shall give public notice thereof, without delay. |
| (3) | The State and Jeju Self-Governing Province may enter into an agreement providing for the following matters, with respect to the operation of a district for creatively utilizing radio waves designated under paragraph (1): |
| 1. | Developing and promoting a pilot project for creatively utilizing radio waves; |
| 2. | Inducement of, and support for, industries related to broadcasting and communications; |
| 3. | Other matters necessary to nurture the radio waves industry in a creative manner. |
| (4) | Matters necessary in relation to the procedures and methods for designating districts for creatively utilizing radio waves under paragraph (1), and the management thereof, shall be prescribed, following consultation between the State and Jeju Self-Governing Province. |
| Article 299 (Special Cases concerning Guidance and Supervision of Locations for Factories) |
| Article 300 Deleted. <Feb. 18, 2020> |
| Article 301 (Special Cases concerning Support for Small and Medium Enterprises) |
The authority of the Minister of SMEs and Startups bestowed under the following provisions, shall become the Governor's inherent authority: <Amended on Mar. 29, 2016; Jul. 26, 2017; Jul. 27, 2021>
| 4. | Deleted; <Mar. 29, 2016> |
| 6. | Article 19 (2) of the Act on the Fostering of, and Facilitation of Innovation in, Local Small and Medium Enterprises. |
| Article 302 (Special Cases concerning Transactions on Trust and Entrustment) |
| Article 303 (Special Cases concerning Electric Utility Businesses) |
| (1) | The authority of the Minister of Trade, Industry and Energy (limited to the electric generation business utilizing wind power as new and renewable energy provided for in the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy) bestowed under Articles 7, 9, 10, 12, 13, 61 (1) through (5), 71, and 108 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Electric Utility Act and Articles 8 (1), 20, and 52 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Electrical Safety Management Act, shall become the Governor's inherent authority: Provided, That consultation with the Minister of Trade, Industry and Energy shall be held when granting permission to the electric generation business utilizing wind power exceeding 20,000 kilowatts. <Amended on Mar. 31, 2020; Oct. 18, 2022> |
| (2) | A committee shall be established under the jurisdiction of the Governor to deliberate on matters concerning the permission, authorization, etc. of the electric generation business falling under paragraph (1) (only applicable where such business exceeds 3,000 kilowatts), and matters necessary for the composition, function, etc. thereof shall be prescribed by Provincial Ordinance. |
| (3) | When the Governor has granted permission, authorization, etc. pursuant to paragraph (1), it shall be deemed deliberated upon by the Electrical Affairs Commission established under the Electric Utility Act, notwithstanding Articles 7 (2), 10 (2), and 12 (1) of that Act, where he or she has undergone deliberation by the committee pursuant to paragraph (2). |
| (4) | Where an electric generation business utilizing wind power is included in the scope of a development project requiring approval pursuant to Article 147, the Governor may prescribe the detailed standards and procedures for electric generation businesses utilizing wind power by Provincial Ordinance, in consideration of regional characteristics, in addition to the matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Article 7 (6) of the Electric Utility Act. |
| (5) | Matters to be prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Articles 10 (3) and 12 (5), the former part of Article 61 (1), Article 61 (2), the former part of Article 61 (3), and Article 61 (5) and (6) of the Electric Utility Act, and the former part of Article 8 (1) and (2), and Article 8 (3) and (5) of the Electric Safety Management Act, may be prescribed by Provincial Ordinance: Provided, That this shall be limited to electric generation businesses utilizing wind power as new and renewable energy provided for in the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy. <Amended on Mar. 31, 2020; Oct. 18, 2022> |
| Article 304 (Public Management of Wind Power Resources) |
| (1) | The Governor shall manage wind power resources in Jeju Self-Governing Province as public resources. |
| (2) | The Governor shall endeavor to appropriately manage and research wind power resources, offer follow-up management for wind power generation facilities, and develop and utilize wind power resources. |
| (3) | A person who intends to obtain a license for electric generation business utilizing wind power under Article 303 (1) shall be any of the following persons: |
| 1. | A local public enterprise established by Jeju Self-Governing Province under the Local Public Enterprises Act and equipped with operation capabilities prescribed by Provincial Ordinance (including invested corporations and contributed corporations provided for in Article 2 (1) of the Act on the Operation of Institutions Provided with Investments or Funds by Local Governments); |
| 2. | A person with financial and technological capabilities above the criteria prescribed by Provincial Ordinance; |
| 3. | A person who intends to engage in small electric generation business utilizing wind power at less than the generation facility capacity prescribed by Provincial Ordinance. |
| (4) | A person who installs and uses wind power generation facilities upon obtaining a license for electric power generation business utilizing wind power pursuant to paragraph (3) and Article 303 (1) shall take necessary measures for stable wind power generation, as prescribed by Provincial Ordinance. |
| (5) | The Governor may take necessary measures, such as corrective orders or suspension of use, against a person who neglects to take measures under paragraph (4), as prescribed Provincial Ordinance. |
| (6) | The Governor may designate and develop a wind power generation district, as prescribed by Provincial Ordinance, if necessary to develop wind power resources systematically and to facilitate wind power generation. |
| (7) | The Governor may designate a surrounding area suffering disadvantages due to the designation of a wind power generation district under paragraph (6) as a village specialized in new and renewable energy, and provide administrative and financial support to such district, and further details may be prescribed by Provincial Ordinance. |
| Article 305 (Special Cases concerning Safety Control of Liquefied Petroleum Gas) |
| (1) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Trade, Industry and Energy under Articles 5 (3), (6), and (9), 6 (1) 5 (a), and 8 (2), 11 (1), 12 (1) through (3), 13 (4), 14 (2), the latter part of Article 25 (1), Articles 25 (3), 28, 33 (1), 34 (5), 44 (2), (4), and (5), 48 (1), the main clause of Article 48 (3), 53 (limited to the standards for reserve and storage facilities of liquefied petroleum gas necessary for adjustment orders), the latter part of Article 55 (1), the provisions, with the exception of the subparagraphs, of Article 60 (1), and Article 73 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Safety Control and Business of Liquefied Petroleum Gas Act and Articles 12 (2) and 14 (2) of the Urban Gas Business Act may be prescribed by Provincial Ordinance. <Amended on Feb. 3, 2022; Jul. 11, 2023> |
| (2) | Where necessary for replacing diesel-powered cars with liquefied petroleum gas-powered cars within Jeju Self-Governing Province for the purpose of preserving the natural environment, the Governor may allow such cars or users of such cars, to use liquefied petroleum gas for fuel, as prescribed by Provincial Ordinance, notwithstanding Article 28 of the Safety Control and Business of Liquefied Petroleum Gas Act. |
CHAPTER IV IMPROVEMENT OF MEDICAL SERVICES AND TREATMENT OF PATRIOTS AND VETERANS
SECTION 1 Improvement of Medical Services
| Article 306 (Formulation of Plans for Development of Health and Medical Services, etc.) |
| (1) | The Governor shall formulate a plan for development of health and medical services every four years, following deliberation by the Deliberative Committee on Health and Medical Services Policy established under paragraph (3), to create an environment to develop medical services in Jeju Self-Governing Province, and formulate and implement the implementation scheme for the plan for development of health and medical services every year. <Amended on Dec. 10, 2019> |
| (2) | The plans for development of health and medical services referred to in paragraph (1) shall include the following matters: |
| 1. | Major policies and promotion schemes defined by step for development of health and medical services; |
| 2. | A scheme for inducing good hospitals and activating medical tourism; |
| 3. | A scheme for fostering public medical services and securing the public character and competitiveness; |
| 4. | Other matters deemed necessary for developing health and medical services. |
| (3) | A Deliberative Committee on Health and Medical Services Policy shall be established under the jurisdiction of the Governor to deliberate on matters concerning permission for medical institutions under Article 307 and the formulation of plans for development of health and medical services. |
| (4) | The Deliberative Committee on Health and Medical Services Policy established under paragraph (3) shall be comprised of persons with abundant knowledge of and experience in the fields of health and medical services, and matters necessary in relation to the functions, organization, and management of the Deliberative Committee on Health and Medical Services Policy, shall be prescribed by Provincial Ordinance. |
| (5) | The Governor may evaluate the results of implementing the previous plan for development of health and medical services, as prescribed by Provincial Ordinance, to formulate a plan for development of health and medical services under paragraph (1). <Newly Inserted on Dec. 10, 2019> |
| Article 307 (Special Cases concerning Establishment of Medical Institutions) |
| (2) | The types of and requirements for a corporation, and conditions for establishing foreign medical institutions under paragraph (1) shall be prescribed by Provincial Ordinance. |
| (3) | In permitting the establishment of a medical institution under paragraph (1), or prescribing Provincial Ordinance under paragraph (2), the Governor shall undergo prior deliberation by the Deliberative Committee on Health and Medical Services Policy. In such cases, the Governor shall obtain approval from the Minister of Health and Welfare before the completion of such deliberation. |
| (5) | Where a foreign medical institution established pursuant to paragraphs (1) through (3) fails to meet any of the requirements for establishing foreign medical institutions, the Governor may revoke the permission for establishment of the foreign medical institution, as prescribed by Provincial Ordinance, following deliberation by the Deliberative Committee on Health and Medical Services Policy. |
| (6) | Where a foreign medical institution is accredited as a medical institution of a foreign country determined and publicly announced by the Minister of Health and Welfare, it shall be deemed accredited as a medical institution under Articles 58 and 58-3 of the Medical Service Act. In such cases, the foreign medical institution shall submit the results of such evaluation to the Minister of Health and Welfare, who may publicly announce such results. |
| (7) | Doctors and dentists working for a foreign medical institution may prepare medical certificates, report or certificates of postmortem examination, and prescriptions referred to in Articles 17 and 18 of the Medical Service Act in a foreign language, as prescribed by Provincial Ordinance. In such cases, such Provincial Ordinance shall be subject to prior consultation with the Minister of Health and Welfare. |
| (8) | Doctors, dentists, or nurses working for a foreign medical institution may prepare records of medical examination and treatment, assistance in childbirth, nursing, and other records concerning medical examination and treatment under Article 22 of the Medical Service Act and electronic medical records under Article 23 of that Act in a foreign language, as prescribed by Provincial Ordinance. In such cases, such Provincial Ordinance shall be subject to prior consultation with the Minister of Health and Welfare. |
| Article 308 (Special Cases concerning Establishment, etc. of Foreigner-Only Pharmacies) |
| (2) | No pharmacist working for a foreigner-only pharmacy shall dispense or sell medicines to Korean nationals: Provided, That he or she may dispense or sell medicines to a Korean national who has a prescription issued by a foreign medical institution in accordance with the relevant prescription. |
| (3) | Requirements for registration of foreigner-only pharmacies shall be prescribed by Provincial Ordinance, following deliberation by the Deliberative Committee on Health and Medical Services Policy. |
| Article 309 (Application of Acts to Foreign Medical Institutions and Foreigner-Only Pharmacies) |
| Article 310 (Special Cases concerning Acceptance of Practice by Foreign License Holders) |
| (1) | Notwithstanding Article 27 (1) of the Medical Service Act, Article 3 of the Pharmaceutical Affairs Act, and Article 4 of the Medical Service Technologists Act, a license holder as a foreign medical doctor, dentist, nurse, medical technician, or pharmacist (hereinafter referred to as "foreign license holder") may practice at a foreign medical institution or foreigner-only pharmacy, if the license holder meets the standards determined and publicly announced by the Minister of Health and Welfare. |
| (2) | No foreign license holder shall practice beyond the scope of services permitted for the relevant type of medical personnel under Article 2 of the Medical Service Act and under Article 3 of the Medical Service Technologists Act. |
| (3) | The suspension of qualifications of foreign license holders working for the foreign medical institutions and foreigner-only pharmacies shall be prescribed by Provincial Ordinance. |
| Article 311 (Special Cases concerning Authorization of Standards for Installation and Operation of Special Medical Equipment) |
Notwithstanding Article 38 of the Medical Service Act, a foreign medical institution may install and operate special medical equipment in accordance with the standards for installation and operation prescribed by Provincial Ordinance.
| Article 312 (Obligations of Operators of Foreigner-Only Pharmacies to Indicate) |
The operator of a foreigner-only pharmacy shall conspicuously indicate inside and outside the pharmacy, that it is only for foreigners in a manner readily noticeable to Korean nationals.
| Article 313 (Special Cases concerning Remote Medical Services) |
Notwithstanding Article 34 (1) of the Medical Service Act, the license holders as a foreign medical doctor or dentist working for a foreign medical institution may provide remote medical services for providing or receiving medical knowledge or techniques to, or from, medical personnel in a remote area using information communications technology, such as computers and visual telecommunications.
| Article 314 (Designation of Medical Clinics for Foreigners) |
| (1) | The Governor may designate some medical institutions under Article 3 (2) of the Medical Service Act, as medical clinics for foreigners in order to provide foreigners with convenient medical treatment. In such cases, the criteria for designation, etc. shall be prescribed by Provincial Ordinance. |
| (2) | Medical personnel and medical institutions shall apply their best endeavors to treat foreign emergency patients as equal to Korean nationals in compliance with the Emergency Medical Service Act, and may transfer such patients to a medical clinic for foreigners designated under paragraph (1) or a foreign medical institution established under Article 307. |
| (3) | The Governor may designate a local emergency medical center for foreigners from among foreign medical institutions established under Article 307, to provide prompt and effective emergency medical services to foreigners. In such cases, the criteria for designation, etc. shall be prescribed by Provincial Ordinance. |
| Article 315 (Special Cases concerning Permitted Practice of Medical Personnel Not Exclusively Working for Medical Institutions) |
| (1) | Notwithstanding Article 33 (1) of the Medical Service Act, any medical personnel without their own medical institution may conduct medical practice at a medical institution in Jeju Self-Governing Province, and may also conduct medical practice in other medical institutions in Jeju Self-Governing Province even where they are employed by a specific medical institution: Provided, That the same shall not apply to foreign doctor or dentist license holders working for medical institutions under Article 310. |
| (2) | The scope of medical practice and other matters referred to in paragraph (1) shall be prescribed by Provincial Ordinance after seeking consultation with the Minister of Health and Welfare. |
| Article 316 (Special Cases concerning Scope of Incidental Projects) |
A medical corporation that has established a medical institution in Jeju Self-Governing Province may perform incidental projects prescribed by Provincial Ordinance, in addition to those provided for in the subparagraphs of Article 49 (1) of the Medical Service Act.
| Article 317 (Special Cases concerning Medical Services) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 16 (2) and (5) (limited to the criteria for facilities and equipment for treatment of laundry from medical institutions), and 33 (3), the former part of Article 33 (4), Articles 33 (5) and 35 (2), the proviso of Article 40 (2), Article 42 (2), the main clause of Article 43 (5), Articles 47 (14) (limited to matters regarding the organization and operation of infection control committees and operation of departments of infection control under paragraph (1) of that Article), 48 (1), and 61 (3) of the Medical Service Act, may be prescribed by Provincial Ordinance. <Amended on Mar. 27, 2018; Jul. 11, 2023> |
| Article 318 (Special Cases concerning Emergency Medical Services) |
Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of Health and Welfare, or Joint Ordinance of the Ministry of Health and Welfare and the Ministry of Land, Infrastructure and Transport under Articles 13-6 (4), 14 (4), 24 (1), 32 (5), 33 (2), and 34, the main clause of Article 35-2 (1), Articles 44 (3) and 45 (1) 5, the former part of Article 51 (1), Articles 51 (3) and (4), 52 (2), 53, 54 (3), and 55 (5) (limited to the administrative dispositions against a transfer business for emergency patients among the administrative dispositions under Article 55 (3)) of the Emergency Medical Service Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Dec. 29, 2020>
| Article 319 (Support for and Development of Medical Tourism) |
The Governor may provide support for research, marketing, and public relations activities to develop a medical tourism model suitable for Jeju Self-Governing Province, and matters necessary for the scope and methods of such support and other matters shall be prescribed by Provincial Ordinance.
SECTION 2 IMPROVEMENT OF HEALTH AND WELFARE
| Article 320 (Special Cases concerning National Health Promotion) |
| Article 321 (Special Cases concerning Food Sanitation) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under the provision, with the exception of the subparagraphs, of Article 36 (1) (limited to services providing food under subparagraph 3), the former and latter parts of Article 37 (1), the former and latter parts of Article 37 (4), Articles 39 (3), 41 (1) and (8), 43 (2), 44 (1), and 47 (1), (2), and (4), the main clause of Article 51 (1), Articles 56 (2) and 75 (5), the main clause of and the proviso of Article 82 (1), Article 82 (2), the main clause, with the exception of the subparagraphs, of Article 82 (4), the latter part of Article 82 (5), Articles 82 (6), 89 (2) 4, 89 (3) 8, 89 (4), and 90 (2), the provision, with the exception of the subparagraphs, of Article 92 (limited to fees collected under the Governor's authority), and Article 101 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Food Sanitation Act, may be prescribed by Provincial Ordinance: Provided, That where matters provided for in Article 75 (5), the proviso of Article 82 (1), and Article 82 (2) of the Food Sanitation Act are prescribed by Provincial Ordinance, matters to be prescribed by Presidential Decree or Ordinance of the Prime Minister, shall be included. <Amended on Dec. 3, 2019>
| Article 322 (Special Cases concerning Management of Public Health Business) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Article 3 (1) and (6), 3-2 (4), the latter part, with the exception of the subparagraphs, of Article 4 (2), the latter part of Article 4 (3) 1, the latter part of Article 4 (4) 2, the latter part of Article 4 (5), Articles 4 (7), 11 (2), 11-2 (2), and 13 (4), the latter part of Article 14 (4), and Article 17 (5) of the Public Health Control Act may be prescribed by Provincial Ordinance: Provided, That where matters provided for in Articles 11 (2) and 11-2 (2) of the Public Health Control Act are prescribed by Provincial Ordinance, matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare, shall be included. <Amended on Dec. 10, 2019; Mar. 28, 2023>
| Article 323 (Special Cases concerning Social Welfare Services) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Article 10 (2), the proviso of Article 17 (2), Article 18 (6), the proviso of Article 18 (7), Articles 22-3 (4), 34 (6), 34-4 (5), 36 (4), 37, and 38 (2), the provision, with the exception of the subparagraphs, of Article 38 (3), Article 40 (3), the proviso of Article 41, Articles 42 (1), 44, 45 (2), and 58 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Social Welfare Services Act and Articles 15 (2) and (4), 17 (2) and (4), and 18 (2) of the Act on Support for Welfare and Self-Reliance of the Homeless, may be prescribed by Provincial Ordinance. <Amended on Jan. 15, 2019; Dec. 10, 2019>
| Article 324 (Special Cases concerning National Guarantee of Basic Standard of Living Security) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 12 (1) and 16 (5), and the provision, with the exception of the subparagraphs, of Article 32 of the National Basic Living Security Act and matters concerning the accumulation, management, and use of self-sufficiency funds under Article 18-3 (1) of that Act, may be prescribed by Provincial Ordinance.
| Article 325 (Special Cases concerning Child Welfare) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 16 (4) 3, 30, 31 (1) and (3), 32 (2), 45 (5), 50 (4), 51 (1), 53 (2) and (3), and 54 (2) of the Child Welfare Act, may be prescribed by Provincial Ordinance. <Amended on Mar. 22, 2016; Jan. 15, 2019; Dec. 10, 2019>
| Article 326 (Special Cases concerning Infant Care) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 6 (3), 7 (4), 11 (3), 13 (4), 14 (3), 15, 17 (5), 19 (2), 23 (5), and 24 (1) and (4), the proviso of Article 25 (1), Articles 25 (6), 28 (1) 8, 29 (5), 37, and 43 of the Infant Care Act, may be prescribed by Provincial Ordinance. <Amended on Apr. 30, 2019, Dec. 10, 2019> |
| Article 327 (Special Cases concerning Welfare of Older Persons) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 23-2 (2), 24 (2) 5, and 26 (1), the former part of Article 27 (1), Articles 30 (2), 32 (2), 33 (4), 33-2 (6), 36 (2), 37 (5), 39-5 (4), 46 (1) and (4), 51 (2), and 61-2 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Welfare of Older Persons Act and Articles 10 (6) and 17 (3) of the Dementia Management Act, may be prescribed by Provincial Ordinance. <Amended on Mar. 13, 2018>
| Article 328 (Special Cases concerning Welfare of Persons with Disabilities) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 13 (2), 33 (3), 36 (2), 37 (3), 38 (2), 43 (2), 49 (3), 50 (3), 54 (2), 56 (2), 58 (2), 59 (6), and 66 (3), the former and latter parts of Article 69 (1), and Article 80 (1) of the Act on Welfare of Persons with Disabilities, may be prescribed by Provincial Ordinance. <Amended on Jan. 15, 2019>
| Article 329 (Special Cases concerning Mental Health) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 12 (6), 22 (7), 24, 25 (4), 26 (4), 28, 29 (4), the main clause of Article 52 (1), Articles 53 (8), 55 (2), 60 (2), 63 (4), the main clause of Article 66 (5) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients may be prescribed by Provincial Ordinance. <Amended on May 29, 2016; Dec. 10, 2019> [Title Amended on May 29, 2016]
| Article 330 (Special Cases concerning Adoption) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Articles 18 (1) 5 and 32 (2) of the Special Act on Domestic Adoption may be prescribed by Provincial Ordinance. <Amended on Jul. 18, 2023>
| Article 331 (Special Cases concerning Promotion of Convenience for Person with Disabilities, Senior Citizen, Pregnant Woman, and Nursing Mother) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under the main clause of Article 7, Article 8 (1), the former part of Article 8 (2), Articles 9, 15 (1) 4, 15 (3), and 16 (2), the former part of Article 16-2, Articles 23 (1), 24 (2), and 27 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Senior Citizens, Pregnant Women and Nursing Mothers may be prescribed by Provincial Ordinance.
| Article 332 (Special Cases concerning Improvement of Public Health and Welfare for Residents in Agricultural and Fishing Villages) |
| Article 333 (Special Cases concerning Funeral Services) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Health and Welfare under Article 5 (6), the proviso of Article 7 (2), Articles 8 (7), 10 (3), and 13 (7), the former and latter parts of Article 14 (2) and (4), the proviso of Article 14 (6), Article 14 (9), the former and latter parts of Article 15 (1), Article 15 (6), the former and latter parts of Article 16 (2) and (3), Article 16 (6) 2 and (9), subparagraph 4 of Article 17, Articles 18 (4), 19 (5), and 25 (1), the former part of Article 25 (3), the provisions, with the exception of the subparagraphs, of Article 31, the provisions, with the exception of the subparagraphs, of Article 32 (1), Articles 32 (2), 34 (6), 35 (3), and 42 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on Funeral Services may be prescribed by Provincial Ordinance. <Amended on Dec. 29, 2015; Jul. 11, 2023>
| Article 334 (Special Cases concerning Support for Healthy Homes) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Gender Equality and Family under Articles 30 (2) and (4), 32 (3), and 35 (4) and (5) of the Framework Act on Healthy Homes, may be prescribed by Provincial Ordinance.
| Article 335 (Special Cases concerning Prevention of Domestic Violence, Protection of Victims, etc.) |
| Article 336 (Special Cases concerning Prevention of Sexual Violence, Protection of Victims) |
| Article 337 (Special Cases concerning Prevention of Sexual Traffic, Protection of Victims.) |
| Article 338 (Special Cases concerning Promotion of Youth Activities) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Gender Equality and Family under Article 4 (3), the latter part of Article 11 (3), Article 12 (1) 4 and (2), the latter part of Article 13 (1), Article 13 (3), the main clause of and proviso of Article 14 (1), the proviso of subparagraph 2 of Article 21, the provision, with the exception of the subparagraphs, of Article 26 (2), Articles 27 (1) and (2), 28 (3), 31 (2) 5 and (3), and 32 (4), the proviso of Article 47 (2), Articles 47 (4), and 48 (2) and (4), and the provision, with the exception of the subparagraphs, of Article 68 of the Youth Activity Promotion Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019>
| Article 339 (Special Cases concerning Support for Youth Welfare) |
| Article 340 (Special Cases concerning Welfare of Single-Parent Families) |
SECTION 3 Improving Treatment of Patriots and Veterans
| Article 341 (Special Cases concerning Persons of Distinguished Services to National Independence) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 6, 6-2, 12 (2), 13, 14, 15 (3) (limited to the authority provided for in Articles 26 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State among the provisions applicable mutatis mutandis of that Act), 16 (4) (limited to the authority provided for in Articles 31-2, 32 (2) and (3), 33 (1) through (3), 33-3, 34 (1) through (4), 34-2 (2), 36 (2) and (3), and 37, the former part of Article 38 (2), and Article 39 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State among the provisions applicable mutatis mutandis of that Act), Articles 18 (3) (limited to the authority provided for in Articles 52 (1) and (2) (excluding the formulation of standards for determining loans), 56, 59, 60, and 62 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State among the provisions applicable mutatis mutandis of that Act), 26, 35, 36, 38 (1) and (2), 39 (1) through (5), and 45 (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Dec. 22, 2015; Mar. 4, 2023>
| Article 342 (Special Cases concerning Persons of Distinguished Service to the State) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 6 (1) through (4), 6-2 (1) and (2), 6-3 (3) 3, 6-5, 9 (4) and (5), 12 (1) through (3), 14 (1), 14-2 (1) and (2), 14-3 (1), (3), and (4), 14-4 (1) through (3), (5), and (6), 15 (1), 15-2 (1), 16 (1), 16-2 (1), 16-3 (1), 17 (1) through (3), 18, 22 (3) and (4) (limited to devolved authority), 26 (1), 31-2, 32 (2) and (3), 33 (1) through (3), 33-3 (1) through (3), 34 (1) through (4), 34-2 (2), 36 (2) and (3), 37, and 38 (1), the former part of Article 38 (2), Articles 39 (1), 52 (1) and (2) (excluding the formulation of standards for determining loans), 56, 59, 60 (1) and (2), 62 (2), 63-2 (2) (limited to devolved authority), 74-10 (limited to devolved authority), 74-18 (1) and (3), 75 (1) through (3), 76 (1), 77 (1), 78 (1) and (2), 79 (1) through (5), 82-6 (1) and (2), and 86 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Dec. 10, 2019; Mar. 4, 2023>
| Article 343 (Special Cases concerning Persons Eligible for Veteran’s Compensation) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 4 (1) through (4), 5, 6 (2) (limited to the authority provided for in Articles 6-3 (3) 3 and 6-5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State), 8 (4) and (5), 11 (1) through (3), 13 (1), 14 (1) and (2), 15 (1) through (4), 16 (1) through (3), (5), and (6), 17 (1), 18 (1), 19 (1), 20 (1) through (3), 21, 25 (3) and (4), 31 (1), 36, 37 (2) and (3), 38, 40, 41, 42 (2), 45 (2) and (3), 46, and 48 (1), the former part of Article 48 (2), Articles 49 (1), 61 (1) and (2) (excluding the formulation of standards for determining loans), 63 through 65, 67 (2), 68, 69 (1), 70 (1), 71, 72, and 76 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on Support for Persons Eligible for Veteran’s Compensation, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Mar. 4, 2023>
| Article 344 (Special Cases concerning War Veterans) |
| Article 345 (Special Cases concerning Persons of Distinguished Service in the May 18 Democratization Movement) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 7 (1) through (3), 8, 17 (1), 22-2, 23 (2), 24 (1) through (3), 24-3 (1) through (3), 25 (1) through (4), 26 (2), 28 (2) and (3), 29, and 30 (1), the former part of Article 30 (2), Articles 31 (1), 45 (1) and (2) (excluding the formulation of standards for determining loans), 49, 52 (1) and (2), 54 (2), 64, 65 (1), 66, 67, and 71 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Dec. 22, 2015; Jan. 5, 2021; Mar. 4, 2023>
| Article 346 (Special Cases concerning Patients Suffering from Actual or Potential Aftereffects of Defoliants) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 4 (1) through (3) and (5) through (7), 4-2 (1) and (2), 6 (1) (excluding physical examinations), 6-2 (limited to the authority provided for in Article 6-3 (3) 3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State), 7 (4) and (5) (excluding registration on the register), 7-3 (1) through (3) (excluding determination of the rating), 7-5 (limited to authority devolved under Chapter III of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State), 7-9 (limited to authority devolved under Chapter IV of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State), 8 (4), 25, 26 (1), 27 (1) and (2), 28 (1) through (5), and 34 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Dec. 22, 2015; Mar. 4, 2023>
| Article 347 (Special Cases concerning Discharged Soldiers) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 4 (1) and (2), 8, 14 (2) (limited to the authority provided for in Articles 32 (2) and (3), 33 (1) through (3), 33-3 (1) through (3), 34 (1) through (4), and 36 (2) and (3) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State among the provisions applicable mutatis mutandis of that Act), 21 (1) and (5) (limited to the authority provided for in Articles 52 (1) and (2) (excluding the formulation of standards for determining loans), 56, 60 (1) and (2), and 62 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State), 21 (6), 24, 25 (1) through (3), and 29 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Support for Discharged Soldiers Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Mar. 4, 2023>
| Article 348 (Special Cases concerning Persons of Distinguished Service during Special Military Missions) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Articles 6 (1) and (2), 7, 16 (1), 20-2, 22 (1) through (3), 23, 25 (2), 27 (2) and (3), 28, and 29 (1), the former part of Article 29 (2), Articles 29-2 (1), 30 (1) through (3), 44 (1) and (2) (excluding the formulation of standards for determining loans), 48 (1) through (3), and (5) through (9), 51, 53 (2), 77, 78 (1), 79, 80, and 83 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on Honorable Treatment of Persons of Distinguished Service during Special Military Missions and Establishment of Related Organizations, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Dec. 22, 2015; Dec. 10, 2019; Mar. 4, 2023>
| Article 349 (Special Cases concerning Patriots and Veterans Fund) |
The authority of the Minister of Patriots and Veterans Affairs bestowed under Article 12 of the Patriots and Veterans Fund Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Patriots and Veterans Affairs shall be handled by the Governor. <Amended on Mar. 4, 2023>
| Article 350 (Special Cases concerning Administrative Appeals against Affairs related to Veterans) |
Notwithstanding Article 6 (3) of the Administrative Appeals Act, filing an administrative appeal against a disposition or omission of an administrative agency belonging to Jeju Self-Governing Province concerning the affairs related to veterans referred to in Articles 341 through 349, shall be reviewed and made a ruling by the Central Administrative Appeals Commission established under Article 6 (2) of that Act.
CHAPTER V CONSERVATION OF ENVIRONMENT
SECTION 1 Maintenance and Conservation of Natural Environment
| Article 351 (Basic Direction-Setting for Conservation and Maintenance of Natural Environment) |
| (1) | Jeju Self-Governing Province shall ensure environmentally sound and sustainable development in formulating and implementing its policies and plans, and preserve and maintain the natural environment so that residents can share benefits from the natural environment and so future generations can have equal opportunities in using the natural environment. |
| (2) | Jeju Self-Governing Province shall enact the Framework Provincial Ordinance on the Environment and endeavor to formulate and implement a master plan to conserve the environment, which includes the following matters, so that the natural environment can be preserved and maintained systematically and residents can enjoy an affluent and healthy life style in the pleasant natural environment: |
| 1. | Goals of, and direction-setting for the conservation of the environment; |
| 2. | Analysis of the traits of the local environment and the future prospects thereof; |
| 3. | Plans, etc. to conserve and restore the natural environment and ecosystem; |
| 4. | Conservation and maintenance of urban and natural landscape; |
| 5. | Maintenance of the biosphere conservation zones in Jeju Self-Governing Province as designated by UNESCO. |
| (3) | The Governor shall apply best endeavors to engage in cooperative activities and exchanges between the biosphere conservation zones to preserve and maintain the biosphere conservation zones in Jeju Self- Governing Province as designated by UNESCO, and shall manage the zones, as prescribed by Provincial Ordinance. |
| (4) | The Governor shall endeavor to establish and execute the practical tasks that contain the fundamental values and philosophy to be shared by the entire local community to continue environmentally sustainable development. |
| (5) | The Governor may establish an Environment Conservation Fund in Jeju Self-Governing Province, as prescribed by Provincial Ordinance, to raise the funds required for implementing the master plans to conserve the environment under paragraph (2). |
| (6) | The Environment Conservation Fund established under paragraph (5) shall be raised from the following revenue sources: Provided, That the revenue sources referred to in subparagraphs 1 through 4, shall be limited to the portion attributed to Jeju Self-Governing Province: <Amended on Jan. 17, 2017> |
| 5. | Funds transferred from the general accounts and other special accounts of Jeju Self-Governing Province. |
| (7) | The State may provide financial support to the Environment Conservation Fund established under paragraph (5). |
| Article 351-2 (Establishment of Total Environmental Resources, Formulation of Plans for Maintenance and Management of Total Environmental Resources) |
| (1) | The Governor shall, every ten years, establish a target level of environmental resources in Jeju Self-Governing Province for their maintenance and existence (hereinafter referred to as “total environmental resources”) in consideration of its regional characteristics, etc. and shall formulate and implement a plan for the maintenance and management of the total environmental resources (hereinafter referred to as “plan for the maintenance and management of the total environmental resources”), in order to protect the outstanding environmental resources of Jeju Self-Governing Province from artificial damage, systematically conserve and manage its natural ecosystem with a high environmental value, and fully preserve the value of environmental resources. |
| (2) | The Governor may manage the environmental resources of Jeju Self-Governing Province by classifying such resources based on its environmental characteristics. |
| (3) | A Committee for Management of Total Environmental Resources shall be established under the authority of the Governor in order to deliberate on the matters concerning the establishment of the total environmental resources and the formulation and implementation of a plan for the maintenance and management of the total environmental resources under paragraph (1), and the classification of grades of environmental resources under paragraph (2). |
| (4) | Matters necessary for the organization, management, etc. of the Committee for Management of Total Environmental Resources under paragraph (3) shall be prescribed by Provincial Ordinance. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 351-3 (Creation of Global Environment-Focused City) |
| (1) | The State and Jeju Self-Governing Province shall endeavor to develop Jeju Self-Governing Province into a city with a sustainable environment that sets a global example (hereinafter referred to as "global environment-focused city"). |
| (2) | The Governor shall formulate a master plan for the creation of a global environment-focused city (hereafter in this Article referred to as "master plan for the global environment-focused city") every 10 years in consultation with the heads of relevant central administrative agencies. |
| (3) | A master plan for the global environment-focused city shall include the following: |
| 1. | Basic direction of the creation of the global environment-focused city; |
| 2. | Matters regarding the fields of ecology and nature, such as the conservation and restoration of ecosystems and natural scenery, recharge of water resources, the conservation of forest ecosystems and wetlands, the conservation, restoration, and utilization of biological resources, the enhancement of ecosystem services, and response to natural disasters; |
| 3. | Matters regarding the fields of living environment, such as the control of air, water, soil pollution, and other environmental pollution, recycling of resources, and waste management; |
| 4. | Matters regarding the field of urban environment, such as the creation of urban landscape, the securing of parks and green spaces, and the establishment of smart traffic systems, in consideration of the ecological environment; |
| 5. | Matters regarding the marine environment, such as the protection and restoration of marine organisms under protection, promotion of the health of marine ecosystems, the prevention and restoration of coastal erosion, the treatment of marine wastes, the management of fishery resources; |
| 6. | Matters regarding the field of response to climate change, such as conversion to a carbon neutral society, reduction of greenhouse gases, expansion of carbon sinks, and response to sea and air temperature increases; |
| 7. | Matters regarding the field of energy, such as promotion of the development and distribution of renewable energy, and energy efficiency; |
| 8. | Matters regarding the field of industrial structure conversion, such as fostering of smart and environment-friendly agriculture and green industries, training of environment-friendly technical human resources, and creation of green jobs; |
| 9. | Other matters regarding the creation of sustainable environment. |
| (4) | Except as provided in paragraphs (2) and (3), matters necessary for the formulation and implementation of the mast plan for the global environment-focused city shall be prescribed by Provincial Ordinance. |
[This Article Newly Inserted on Jul. 11, 2023]
| Article 352 (Designation and Promotion of Environmental Education Model Province) |
| (1) | The Governor shall formulate and implement a plan (hereinafter referred to as "environmental education plan"), as prescribed by Provincial Ordinance, necessary for encouraging the residents to voluntarily participate in conserving the environment and implement it in their daily lives pursuant to Article 25 of the Framework Act on Environmental Policy. |
| (3) | When the implementation of an environmental education plan formulated under paragraph (1) is deemed to have improved citizens’ awareness of environmental conservation, the Minister of Environment may designate Jeju Self-Governing Province as an environmental education model province and may provide administrative and financial support necessary to promote and develop the same. |
| (4) | Matters necessary for designating and operating an environmental education model province pursuant to paragraph (3) shall be prescribed by Presidential Decree. |
| Article 353 (Creation of City Realizing Low Carbon, Green Growth) |
| (1) | The State may develop Jeju Self-Governing Province into a city exemplarily realizing low carbon, green growth (hereafter in this Article, referred to as “low carbon and green city”), to lead the realization of low carbon, green growth. |
| (2) | The State may implement green growth projects to develop Jeju Self-Governing Province into the low carbon and green city, such as various pilot projects correlated to national projects, projects for green technologies, and projects related to climate change. |
| (3) | The State may provide administrative and financial support necessary for implementing the projects to create the low carbon and green city under paragraph (2). |
| Article 354 (Conservation of Gotjawal) |
| (1) | The State or Jeju Self-Governing Province shall endeavor to conserve the irregular volcanic rock mass areas created in Jeju Island where various types of vegetation, such as forests and bushes, are formed (hereinafter referred to as "Gotjawal"). |
| (2) | The State or Jeju Self-Governing Province may partially subsidize expenses directly incurred in conservation and maintenance by the organizations that acquire, conserve, and maintain any land at Gotjawal to conserve and maintain it, within budgetary limits. |
| (3) | The Governor may designate an area worthy of conservation in Gotjawal as a Gotjawal protection area, as prescribed by Provincial Ordinance, and may take measures necessary for protecting such area. <Newly Inserted on Dec. 10, 2019> |
| Article 355 (Absolute Conservation Zones) |
| (1) | The Governor may designate any of the following areas as a zone for protecting the unique traits of the natural environment (hereinafter referred to as "absolute conservation zone") with consent from the Provincial Council. Any amendment thereto shall also be subject to consent from the Provincial Council: <Amended on May 16, 2023; Jul. 11, 2023> |
| 1. | Areas of outstanding natural landscape, including Mt. Halla National Park, Oreum (meaning small volcanos dispersed across Jeju Self-Governing Province; hereinafter the same shall apply), valleys, rivers, lakes, waterfalls, islands, seashores, coasts, and lava caves; |
| 3. | Habitats of wild animals; |
| 4. | Ecologically important natural forest areas; |
| 5. | Other areas prescribed by Provincial Ordinance for the conservation of the natural environment. |
| (2) | The Governor shall immediately publicly announce the designation or change of an absolute conservation zone under paragraph (1), as prescribed by Provincial Ordinance, for each such designation or change. |
| (3) | No one shall construct a building in violation of the purposes of the designation of any absolute conservation zone, install an artificial structure or any other facility, change the form and quality of land, parcel land, reclaim public waters, lumber, collect soil or rocks, construct a road, or engage in any similar activities in such zone under paragraph (1): Provided, That the same shall not apply to the activities referred to in any of subparagraphs 1 through 5, and permitted by the Governor: |
| 1. | Constructing climbing routes, promenades, forest roads, roads, public toilets, outdoor pavilions, meteorological observatory facilities, and park facilities under the Natural Parks Act, implemented by the State or Jeju Self-Governing Province; |
| 3. | Activities for academic survey and research purposes; |
| 4. | Extending or renovating buildings within the premises of existing religious facilities built before the designation of the absolute conservation area; |
| 5. | Other activities prescribed by Provincial Ordinance, to the extent that such activities do not damage or change the original form of natural resources. |
| (4) | Notwithstanding the proviso of paragraph (3), any person who has commenced construction works or a project (including construction works or projects not requiring authorization, etc. under the relevant statutes) with authorization, permission, approval, etc. concerning the construction of a building, installation of an artificial structure or any other facility, or change of the form and quality of the land under the relevant statutes already obtained as at the time of the designation of the absolute conservation zone under paragraph (1), may continue the construction works or project without permission from the Governor. |
| Article 356 (Relative Conservation Zones) |
| (1) | The Governor may designate any of the following areas as a zone for leading the conservation and proper development of the natural environment (hereinafter referred to as "relative conservation zone") with consent from the Provincial Council. The same shall also apply to any amendment thereto: <Amended on Jul. 11, 2023> |
| 1. | Areas requiring the conservation of the ecosystem or landscape, including Oreum, rivers, valleys, sides of main roads, and seashores; |
| 2. | Areas requiring conservation among the areas, other than absolute conservation zones. |
| (2) | No one shall construct any building in violation of any of the purposes of designating a relative conservation zone, install any artificial structure or any other facility, change the form and quality of the land, or engage in any similar activities within the relative conservation zone designated under paragraph (1): Provided, That the same shall not apply to the following activities which are permitted by the Governor: <Amended on Apr. 18, 2017> |
| 1. | Constructing facilities referred to in Article 355 (3) 1; |
| 2. | An activity referred to in any of Article 355 (3) 2 through 5; |
| 4. | Constructing a building of up to two-stories (including auxiliary buildings and appurtenant parking lots) to engage in agriculture, forestry, livestock industry, or fisheries; or in connection with the income from accommodation, sale, etc.; |
| 6. | Constructing roads, observation facilities for river flow or groundwater, drainage systems, or building similar artificial structures or facilities incidental to agriculture, forestry, livestock industry, or fisheries; |
| 7. | Felling trees or collecting soil or rocks; |
| 8. | Installing or piling bulky goods; |
| 9. | Constructing other buildings, artificial structures, and facilities, or changing the form and quality of land of the type and scale prescribed by Provincial Ordinance. |
| (3) | Article 355 (2) and (4) shall apply mutatis mutandis to relative conservation zones. |
| Article 357 (Designation of Controlled Conservation Zones) |
| (1) | The Governor may designate an area necessary for conserving the groundwater resources, ecosystem, and landscape as a controlled conservation zone, among areas, other than Mt. Halla National Park, urban areas referred to in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, and islands within the territory of Jeju Self-Governing Province. |
| (2) | Controlled conservation zones designated under paragraph (1) (hereinafter referred to as "controlled conservation zones") shall be categorized into a groundwater resource conservation zone, an ecosystem conservation zone, and a landscape conservation zone (hereinafter referred to as "conservation zone") based on their environmental features; conservation zones may be further graded, such as first grade and second grade. In such cases, the criteria for designating, and standards for grading conservation zones shall be prescribed by Provincial Ordinance. |
| (3) | In designating a controlled conservation zone under paragraph (1), the Governor shall survey the following matters: <Amended on Jul. 11, 2023> |
| 1. | Groundwater resource conservation zones: |
| (a) | Permeable elements of geological structures, such as respiratory caves, lave caves, and depression ground; |
| (b) | Soil elements, such as pollution index of soil; |
| 2. | Ecosystem conservation zones: |
| (a) | Vegetation elements, such as communities of rare, endangered, indigenous, and native plants, and natural forests; |
| (b) | Animal elements in habitats, such as habitats of rare, endangered, and natural monumental animals, and forest areas; |
| 3. | Landscape conservation zones: Elements of scenic beauty, such as Oreum, rivers, hills, and the sides of main roads. |
| (4) | The Governor shall obtain consent from the Provincial Council to designate a controlled conservation zone under paragraph (1). |
| (5) | The Governor shall publicly notify the designation of a controlled conservation zone without delay, as prescribed by Provincial Ordinance, whenever such designation is made under paragraph (1). |
| (6) | Paragraphs (3) through (5) shall apply mutatis mutandis to the alteration and cancellation of a controlled conservation zone. <Amended on Jul. 11, 2023> |
| (7) | Notwithstanding paragraph (6), where a controlled conservation zone is incorporated into the Mt. Halla National Park or an urban area under subparagraph 1 of Article 6 of the National Land Planning Utilization Act, the designation of the relevant area as a controlled conservation zone shall be cancelled; in such cases, the relevant area shall be deemed designated as a conservation zone according to the following classifications: <Newly Inserted on Jul. 11, 2023> |
| 1. | Where the relevant area is incorporated into the Mt. Halla National Park: An absolute conservation zone; |
| 2. | Where a Grade I area by conservation zone is incorporated into an urban area: An absolute conservation zone; |
| 3. | Where a Grade II area by conservation zone is incorporated into an urban area: A relative conservation zone. |
| (8) | The Governor shall publicly notify the details of the cancellation and the change of designation under paragraph (7), as prescribed by Provincial Ordinance. <Newly Inserted on Jul. 11, 2023> |
| Article 358 (Restrictions on Activities in Controlled Conservation Zones) |
| (1) | The following activities may be restricted in a controlled conservation zone. In such cases, details of the restricted activities in each conservation zone, by grade, shall be prescribed by Provincial Ordinance: |
| 1. | The following activities within a groundwater resource conservation zone: |
| (a) | Installing a waste water discharging facility; |
| (b) | Installing a waste treatment facility; |
| (c) | Installing a facility generating domestic sewage; |
| (d) | Installing a facility discharging livestock excreta; |
| (e) | Changing the form and quality of land; |
| 2. | Destroying a forest and/or changing the form and quality of land in an ecosystem conservation zone; |
| 3. | Constructing a building, installing an artificial structure or other facility, and/or changing the form and quality of land in a landscape conservation zone. |
| (2) | Paragraph (1) shall not apply to any of the following activities: |
| 1. | Remodeling a building or facility existing as at the time of designation of the relevant controlled conservation zone or extending such building or facility for the same purpose (limited to extension by up to twice the total area of an existing building); |
| 2. | Implementing a project already in progress (including a project for which authorization, permission, etc. has been applied) with authorization, permission, etc. under relevant statues as at the time of designation of the relevant controlled conservation zone (including designation of a grade); |
| 3. | Activities falling under any subparagraph of Article 355 (3); |
| 5. | Constructing a detached house, warehouse, barn (limited to facilities smaller than those subject to reporting for installation of facilities discharging livestock excreta), fruit grading place, and other similar facilities in a village area provided for in the National Land Planning and Utilization Act; |
| 6. | Installing facilities to repair or improve protective facilities without producing new pollutants or increasing the quantity of sewage or waste water among the facilities referred to in paragraph (1) 1 (a) through (d), already installed as at the time this Act enters into force; |
| 7. | Installing other public facilities prescribed by Provincial Ordinance, essential to be placed within the controlled conservation zone. |
| (3) | Where a facility to be established in a controlled conservation zone under this Act or the ordinances under this Act, is a facility releasing sewage or waste water or a waste treatment facility, such facility shall be equipped with a treatment facility to keep the quality of water released from the relevant facility below the quality standards for waste water, as prescribed by Provincial Ordinance. |
| Article 358-2 (Reinstatement) |
| (1) | The Governor may issue an order for reinstatement to any of the following persons within a specific period of time: |
| 3. | A person who violates restrictions on activities under the subparagraphs of Article 358 (1). |
| (2) | If a person who received an order for reinstatement under paragraph (1) fails to comply with such order, the Governor may execute the order on behalf of the person, as prescribed by the Administrative Vicarious Execution Act. |
| (3) | Matters necessary for the standards, periods, etc. for reinstatement under paragraph (1) shall be prescribed by Provincial Ordinance. |
[This Article Newly Inserted on Jul. 11, 2023]
| Article 359 (Special Cases concerning Assessment of Land Suitability) |
| Article 360 (Special Cases concerning Restriction on Land Partitioning) |
| Article 361 (Designation of Preserved Resources) |
| (1) | The Governor may designate resources, as prescribed by Provincial Ordinance, among rare animals and vegetation inhabiting Jeju Self-Governing Province and natural resources therein, as resources worth preserving, if necessary to protect the resources of Jeju Self-Governing Province. |
| (2) | The Governor shall publicly notify the designation of preserved resources without delay, whenever such designation is made under paragraph (1). |
| (3) | The Governor may prohibit the picking, lumbering, collection, and destruction of preserved resources, as prescribed by Provincial Ordinance, if necessary to protect the preserved resources, and may encourage citizens to report such activities, or issue an order to prevent making such resources available to the public, or transportation of such resources; or remove obstacles, or take other necessary measures. |
| (4) | The Governor may bear or subsidize expenses incurred in managing or protecting preserved resources, if necessary to protect such preserved resources. |
| (5) | A person who intends to purchase or sell preserved resources (excluding those resources the purchase or sale of which in Jeju Self-Governing Province is allowed under Provincial Ordinance) within Jeju Self-Governing Province or remove them therefrom shall obtain permission from the Governor, as prescribed by Provincial Ordinance. <Amended on Jul. 11, 2023> |
| (6) | The Governor shall compensate a person for any damage or loss incurred by a disposition made under paragraph (3). |
| Article 362 (Claims for Purchasing Land) |
| (1) | A land owner whose land is categorized as a building site (including buildings and fixtures on the relevant land; hereafter in this Article, the same shall apply) among the following land and cannot be used for its original purpose due to the designation as either of the following zones, may file a request with the Governor for purchase of the relevant land, as prescribed by Provincial Ordinance: |
| 1. | Land determined by Provincial Ordinance among land in a controlled conservation zone; |
| (2) | Where necessary to achieve the objectives of the designation of absolute conservation zones and controlled conservation zones, the Governor may purchase the land under the subparagraphs of paragraph (1) following consultation with the owners within the budget. <Newly Inserted on Dec. 10, 2019> |
| (3) | The Governor shall pay the price in cash when purchasing a plot of land under paragraph (2) or (7): Provided, That the price may be paid by issuing bonds under Article 139 of the Local Autonomy Act (hereafter in this Article, referred to as "conservation zone bonds"), in any of the following circumstances: <Amended on Dec. 10, 2019; Jan. 12, 2021> |
| 1. | Where the land owner prefers bonds; |
| 2. | Where the purchase price for the land owned by a non-resident or the land for non-business use exceeds a certain amount prescribed by Provincial Ordinance and such excess is paid. |
| (4) | The repayment term of the conservation zone bonds shall not exceed ten years, and the annual interest rate shall be at least the average interest rate for one-year term deposit applied by banks conducting business nationwide among banks authorized under the Banking Act as at the time of issuing the bonds, and the specific repayment term and interest rate shall be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| (6) | Except as provided in this Act, procedures for issuing conservation zone bonds, and other necessary matters, shall be governed by the Local Finance Act. <Amended on Dec. 10, 2019> |
| (7) | The Governor shall purchase the land for which a request for purchase has been filed under paragraph (1), within four years after receipt of the request. <Amended on Dec. 10, 2019> |
[Title Amended on Dec. 10, 2019]
| Article 363 (Special Cases concerning Strategic Environmental Impact Assessment) |
| (1) | Notwithstanding Article 16 or 44 of the Environmental Impact Assessment Act, anyone, other than the head of a central administrative agency, the Governor, a local public enterprise established by Jeju Self-Governing Province under the Local Pubic Enterprises Act, who implements a plan or project among master development plans subject to strategic environmental impact assessment under Article 9 of that Act or projects subject to small scale environmental impact assessment under Article 43 of that Act, shall request consultation with the Governor concerning the strategic environmental impact assessment or small-scale environmental impact assessment. <Amended on Dec. 10, 2019> |
| (2) | In holding consultations concerning the strategic environmental impact assessment or small-scale environmental impact assessment under paragraph (1), the Governor shall seek and reflect the opinion of an institution specialized in environmental impact assessment under Article 364 (3), to the fullest extent possible. |
| (3) | When the Governor consults on strategic environmental impact assessment under paragraph (1), he or she shall seek review and advice from an Advisory Committee on Strategic Environmental Impact Assessment for Jeju Self-Governing Province (hereafter in this Article, referred to as the "Advisory Committee"), in addition to undergoing the procedures under paragraph (2). <Newly Inserted on Dec. 10, 2019> |
| (4) | Matters necessary for the composition and operation of the Advisory Committee shall be prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019> |
| Article 364 (Special Cases concerning Consultation, etc. for Environmental Impact Assessment) |
| (1) | Notwithstanding Article 27 of the Environmental Impact Assessment Act, an business entity referred to in Article 22 of that Act, shall request consultation with the Governor concerning the environmental impact assessment report prepared pursuant to Article 27 of that Act: Provided, That the Governor shall seek and reflect the opinion of the Minister of Environment on the environmental impact assessment report to the fullest extent possible, if the project implementer is the head of a central administrative agency, the Governor, or a local public enterprise established by Jeju Self-Governing Province under the Local Public Enterprises Act. <Amended on Dec. 10, 2019> |
| (2) | The Governor shall seek the opinion of an institution specialized in environmental impact assessment concerning the project, other than a project subject to the opinion of the Minister of Environment under the proviso of paragraph (1) in examining the assessment report submitted for the consultation under paragraph (1), and shall organize the Jeju Self-Governing Province Deliberative Committee on Environmental Impact Assessment (hereinafter referred to as the "Deliberative Committee on Impact Assessment") for deliberation on such assessment report. |
| (3) | Institutions specialized in environmental impact assessment under paragraph (2) shall have good expertise to examine the items of assessment under Article 7 of the Environmental Impact Assessment Act, and the Governor shall designate and publicly announce institutions specialized in environmental impact assessment after consulting with the Minister of Environment. |
| (4) | Matters necessary for the organization and management of the Deliberative Committee on Impact Assessment under paragraph (2), shall be prescribed by Provincial Ordinance. |
| (5) | Matters necessary for managing and supervising the conclusions from consultation pursuant to Articles 39 and 40 of the Environmental Impact Assessment Act, regarding the projects for which consultation is conducted pursuant to the main clause of paragraph (1), shall be prescribed by Provincial Ordinance,: Provided, That consultation shall be conducted with the Minister of Environment when matters necessary for managing and supervising the projects that require the opinion of the Minister of Environment are determined, and the Minister of Environment shall annually verify whether the conclusions from consultation have been implemented pursuant to Articles 39 and 40 of the Environmental Impact Assessment Act and may take necessary measures for the management of implementation if such conclusions from consultation have not been implemented. <Amended on Dec. 10, 2019> |
| (7) | Notwithstanding the proviso of Article 42 (1) of the Environmental Impact Assessment Act, Jeju Self-Governing Province may conduct an environmental impact assessment with regard to a project subject to mini environmental impact assessment under Article 43 of that Act, as prescribed by Provincial Ordinance: Provided, That the same shall not apply to projects subject to mini environmental impact assessment implemented by the head of a central administrative agency, the Governor, or a local public enterprise established by Jeju Self-Governing Province under the Local Public Enterprises Act. <Newly Inserted on Dec. 10, 2019> |
| (8) | Where an environmental impact assessment is conducted under the main clause of paragraph (7), sectors subject to and specific items of environmental impact assessment, procedures for preparing environmental impact assessment reports, gathering opinions thereon, conducting consultations on environmental impact assessment reports, and managing the conclusions from consultations, and other necessary matters shall be prescribed by Provincial Ordinance. <Newly Inserted on Dec. 10, 2019> |
| 2. | A harbor development project implemented by a non-management authority with permission for implementation and approval of a harbor development project implementation plan under Articles 9 (2) and 10 (2) of the Harbor Act; |
| (10) | The authority of the Minister of Environment under Articles 8, 24, 28 through 35, 36 (1), (2), and (5), 37, 38, 40, 40-2, 41, 51, 52, 66, and 76 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Environmental Impact Assessment Act, shall become the Governor's inherent authority, and the authority of the President of Korea Environment Institute bestowed under Article 41 (1) and (2) of that Act, shall become the authority of the head of the institution specializing in environmental impact assessment bestowed under paragraph (3). <Amended on Dec. 10, 2019; Aug. 17, 2021; Jul. 11, 2023> |
| (11) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Article 8 (1) 5, 8 (3), 24 (4), the former part of Article 29 (1), Articles 31 (2) and (4), the subparagraphs of Article 32 (1), 33 (3), and 35 (2) and (3), the provision, with the exception of the subparagraphs, of Article 37, Articles 38 (2), 51 (4), 66 (3), and 76 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Environmental Impact Assessment Act may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Jul. 11, 2023> |
| Article 365 (Special Cases concerning Conservation, etc. of Natural Environment) |
| (1) | Notwithstanding Article 28 (1) of the Natural Environment Conservation Act, the procedures for, and methods of strategic environmental impact assessment, environmental impact assessment, or small scale environmental assessment referred to in Article 363 or 364 shall apply mutatis mutandis to consultations about impacts on natural scenery concerning development projects, etc. subject to strategic environmental impact assessment under Article 9 of the Environmental Impact Assessment Act, environmental impact assessment under Article 22 of that Act, or small scale environmental impact assessment under Article 43 of that Act: Provided, That the Deliberative Committee on Impact Assessment may conduct deliberation thereon. |
| Article 366 (Special Cases concerning Management of Do Parks) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under the latter part, with the exception of the subparagraphs, of Article 4-3 (1), Articles 4-3 (2) and (4), 6, 8 (1) 1, and 9 (2) and (3), the proviso of Article 15 (1), Articles 15 (3), 16, 17 (2), and 17-3 (3), the proviso, with the exception of the subparagraphs, of Article 18 (2), Article 19 (2), the proviso of Article 20 (2), Article 20 (5), the former part of Article 22 (3), the main clause and proviso, with the exception of the subparagraphs, of Article 23 (1), the former and latter parts of Article 23 (3), the main clause of Article 24 (2), Articles 24 (4), 24-2 (3), 27 (1) 12, 29 (1), 35 (2), 36, 71 (3), 73-2 (2) and (4), 77 (3), 78 (4), and 86 (5) (limited to the imposition and collection of administrative fines under devolved authority) of the Natural Parks Act, may be prescribed by Provincial Ordinance: Provided, That the scope to be prescribed by Provincial Ordinance shall be limited to matters concerning Do parks. <Amended on Dec. 10, 2019; Jul. 11, 2023> |
| Article 367 (Special Cases concerning Protection of Wildlife) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under subparagraph 5 of Article 2, the proviso, with the exception of the subparagraphs, of Article 19 (3), Articles 19 (5) and (6), 23 (1) and (7), and 33 (3), the main clause, with the exception of the subparagraphs, of Article 33 (5), Article 34-4 (2) and (4) (limited to where the Governor designates an institution for the research of wild animal diseases and the rescue and medical treatment of wild animals), the main clause of and proviso of Article 42 (1), Articles 42 (6) and 50 (1) and (2), the main clause of Article 50 (3), Article 53 (1), (2), and (4), subparagraph 12 of Article 54, subparagraph 7 of Article 55, and Article 61 (limited to where the Governor commissions an honorary wildlife warden) of the Wildlife Protection and Management Act, may be prescribed by Provincial Ordinance: Provided, That if projects to be prescribed by Presidential Decree pursuant to Article 50 (3) of the Wildlife Protection and Management Act are prescribed by Provincial Ordinance, the scope thereof shall be limited to projects related to the protection of wild animals. |
| Article 368 (Special Cases concerning Management of Wetland Protection Areas Designated by Governor) |
| (3) | Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of Environment, or Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries under Articles 6 (2), 7 (5), 8 (5) and (6), 10 (1), and 12 (1) 4 and (3), the provisions, with the exception of the subparagraphs, of Article 13 (1), Articles 13 (1) 5, (4), (5) 3, and (6), 15 (1) 5 and (2), 16 (1), 18-2 (4), 19, 22-3 (2) and (3), and 27 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Wetlands Conservation Act, may be prescribed by Provincial Ordinance: Provided, That the scope within which Provincial Ordinances can be enacted, shall be limited to matters concerning the Governor's inherent authority. |
| Article 369 (Special Cases concerning Conservation of Clean Air) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 16 (1) and 23 (1) through (4) and (8), the proviso of Article 26 (1), Article 26 (2) 2, the proviso of Article 28, Articles 29 (3), 30 (1) and (2), 31 (2), 32 (2), (4), and (5), 33, and 34 (2), the main clause of and proviso of Article 42, the former part of Article 43 (1), Article 77 (1) and (2) (limited to education provided by the Governor), the provision, with the exception of the subparagraphs, of Article 82 (1) (limited to matters concerning the Governor's authority), Article 84 (limited to criteria for administrative dispositions with respect to the Governor's authority), the provision, with the exception of the subparagraphs, of Article 86, and Article 94 (6) (limited to the imposition and collection of administrative fines under devolved authority) of the Clean Air Conservation Act may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019; Jul. 11, 2023> |
| (3) | Where the Governor imposes and collects penalty surcharges under Article 37 of the Clean Air Conservation Act pursuant to paragraph (1), the Minister of Environment shall pay to Jeju Self-Governing Province, expenses incurred in imposing and collecting such penalty surcharges by applying Article 35 (8) of that Act mutatis mutandis. |
| Article 370 (Special Cases concerning Noise and Vibration Control) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Article 7 (1), the main clause of and proviso of Article 8 (1), Article 8 (2), the former part of Article 8 (3), subparagraph 2 of Article 9, Articles 12 (2) and 15, the latter part of Article 16 (1), Articles 16 (2), 19 (5), 20 (1), 21 (1) and (2), 22 (1), (2), (3) 1, and (4), and 24 (2), the former part of Article 26, Articles 27 (3), 29 (2), and 46 (1) and (2) (limited to education provided by the Governor), the provision, with the exception of the subparagraphs, of Article 47 (1) (limited to reporting, inspections, etc. with respect to the Governor's authority), Articles 49 (limited to criteria for administrative dispositions with respect to the Governor's authority) and 60 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Noise and Vibration Control Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 371 (Special Cases concerning Conservation of Water Environment) |
| (1) | The authority of the Minister of Environment bestowed under Articles 12 (1) and (2), 17 (4), 20 (2), 32 (2), (5), and (8), 33, 34, 35 (3), 37 (1), (3), and (4), 39, 40, 42 (limited to orders for revocation or for suspension of operation with respect to devolved authority), 43 (1) through (3) (limited to the disposition of penalty surcharges with respect to devolved authority), 44, 45 (limited to the receipt or confirmation of reports on compliance with orders, issued under devolved authority), 53 (1), (7), and (8), 60 (1) and (5) through (7) (limited to matters provided for in Article 44 of that Act), 61 (2), 62 (1), 64 (limited to orders to cancel registration or to suspend operation, issued under devolved authority), 66 (1) and (2) (limited to the disposition for penalty surcharges with respect to devolved authority), 68 (1) and (2) (limited to reporting, inspections, etc. with respect to devolved authority), 72 (limited to hearings with respect to devolved authority), 73, and 82 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Water Environment Conservation Act, shall become the Governor's inherent authority. <Amended on Oct. 16, 2018> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 12 (3) and 13, the provision, with the exception of the subparagraphs, of Article 17 (1), Articles 17 (2) 7 and (4), 18 (2), 19 (2), and 19-3 (2) and (5), the former part of Article 20 (1), the former part of Article 20 (2), Article 32 (1), the main clause of Article 33 (1), the main clause of and proviso of Article 33 (2), Articles 33 (3), (6), (8), (9), and (11) 3, and 34 (1), the proviso of Article 35 (1), Article 35 (2) and (6), the former and latter parts of Article 37 (1), the former and latter parts of Article 37 (2), Articles 37 (3) (limited to matters related to the period in cases falling under paragraph (3)), 38 (3), 39, 45 (2), and 47 (1) and (5), the former and latter parts, with the exception of the subparagraphs, of Article 53 (1), Article 53 (5) 1 through 3 and (2), the main clause, with the exception of the subparagraphs, of Article 53 (5), Articles 53 (5) 1, (6) 2 and 3, (7), (8), and (10), and 59 (1) and (2), the former part of Article 60 (1), Article 60 (2) and (3), the main clause of Article 61 (1), Article 61 (2), the former and latter parts of Article 62 (1), Articles 62 (2) 5, 67 (1) (limited to education provided by the Governor), and 71 (limited to criteria for administrative dispositions with respect to the Governor's authority), the provision, with the exception of the subparagraphs, of Article 73 (limited to fees collected under the Governor's authority), and Article 82 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Water Environment Conservation Act, may be prescribed by Provincial Ordinance. <Amended on Oct. 16, 2018; Jul. 11, 2023> |
| (3) | Where the Governor imposes and collects penalty surcharges under Articles 43 and 66 of the Water Environment Conservation Act pursuant to paragraph (1), the Minister of Environment shall pay to Jeju Self-Governing Province, expenses incurred in imposing and collecting such penalty surcharges by applying Article 41 (7) of that Act mutatis mutandis. |
[This Article Wholly Amended on Jan. 17, 2017]
| Article 372 (Special Cases concerning Management of Sewage Treatment Facilities) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under the main clause, with the exception of the subparagraphs, of Article 7 (1), the proviso of Article 8 (2), Articles 8 (7) and 9 (3), the former part of Article 11 (2), Article 15 (1), the proviso of Article 16 (1), Articles 16 (2) and 19 (1), the provision, with the exception of the subparagraphs, of Article 19 (2), Article 19 (4), the provision, with the exception of the subparagraphs, of Article 23 (1), Articles 24, 25 (1) 3, and 27 (3), the latter part, with the exception of the subparagraphs, of Article 28, subparagraph 3 of Article 28, Article 34 (1) 3 and 4, the former part of Article 34 (2), Article 34 (4) and (5), the main clause of and proviso of Article 35 (1), Articles 36 (1), 37 (3), and 39 (2) through (4), the former part of Article 39 (7), the proviso of Article 39 (12), Articles 40 (1), (2), and (4), 41 (2) and (5), and 43 (1), the main clause of Article 44 (1), Articles 44 (2), (4), and (5), 45 (1), (2), (5), and (7), 47 (2), 49 (2), 50 (3) (limited to matters prescribed in Article 50 (2)), and 56 (limited to excreta collection and transportation business entities), the latter part of Article 65 (1), the main clause of Article 66 (1), Articles 67 (4) and 69 (4) (limited to identification concerning matters falling under the Governor's authority), and the provision, with the exception of the subparagraphs, of Article 70 (limited to fees collected under the Governor's authority) of the Sewerage Act and the main clause, with the exception of the subparagraphs, of Article 9 (1), Articles 9 (1) 7 and (5), and 10 (3) of the Act on Promotion and Support of Water Reuse may be prescribed by Provincial Ordinance. <Amended on Jan. 5, 2021; Dec. 13, 2022> |
| Article 373 (Special Cases concerning Management and Use of Livestock Excreta) |
| (2) | Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of Agriculture, Food and Rural Affairs, or Ordinance of the Ministry of Environment under Articles 8 (4) and 11 (1) and (2), the former and latter parts of Article 11 (3), the proviso of Article 12 (1), Article 12-2 (1) and (2), the main clause of and proviso of Article 12-2 (3), Article 12-2 (4), the former and latter parts of Article 13 (1), the main clause and proviso of Article 15 (1), Article 15 (3), the former part of Article 15 (4), Articles 15 (5) and (7), the proviso of 17 (1) 4 and 5, Article 17 (1) 5, Articles 17 (2), (4), and (5), 18 (2), 18-2 (4), and 19 (1), the former part of Article 21 (1), Articles 22 (2) and 26 (2), the main clause of Article 27 (1), Articles 27 (2), (4) and (5), and 38 (2) and (3), the provision, with the exception of the subparagraphs, of Article 45 (limited to fees collected under the Governor's authority), and Article 53 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Management and Use of Livestock Excreta, may be prescribed by Provincial Ordinance. <Amended on Apr. 13, 2021; Jul. 11, 2023> |
| Article 374 (Special Cases concerning Conservation of Soil Environment) |
| (1) | Notwithstanding Article 17 (1) of the Soil Environment Conservation Act, the Governor may designate an area requiring countermeasures for soil conservation in consultation with the Minister of Environment and the heads of relevant central administrative agencies, and when the Governor has designated an area requiring countermeasures for soil conservation, the authority of the Minister of Environment bestowed under Articles 17 (2) and (4) and 22 (1) of that Act, shall become the Governor's inherent authority. |
| (2) | Notwithstanding Article 18 (1) and (6) of the Soil Environment Conservation Act, the Governor may formulate and implement a countermeasure plan for areas requiring countermeasures for soil conservation, and shall report the countermeasure plan so formulated to the Minister of Environment and the heads of relevant central administrative agencies. |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 4-2, 11 (3), and 12 (1) and (4), the provision, with the exception of the subparagraphs, of Article 14 (1), Article 15 (1), the main clause, with the exception of the subparagraphs, of Article 15 (3), Articles 15-2 (1), 15-3 (1), and 16, the proviso of Article 17 (1), Article 17 (3), the former part of Article 17 (4), Article 18 (2) 5, (4), and (5), the former and latter parts of Article 19 (2), Article 20, the proviso of Article 21 (1), Articles 21 (2), 26-2 (1), and 32 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Soil Environment Conservation Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 13, 2022> |
| Article 375 (Special Cases concerning Waste Control) |
| (1) | The authority of the Minister of Environment bestowed under Articles 17 (5) and (6), 25 (1) through (4), (7), (14) 1 through 3, (15), and (16), 27, 28 (1), 29 (2) through (4), 31 (2) through (5), (7), and (10), 32 (4), 33 (3), 38 (3) (excluding persons registered for exclusive container manufacturing business under Article 38 (2)), 39, 40 (2), (3), and (8) through (11), 48 (limited to orders to take measures issued under devolved authority), and 49, subparagraph 4 of Article 61, and Article 68 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Wastes Control Act, shall become the Governor's inherent authority: Provided, That in cases falling under Article 39 of that Act, it shall be limited to the authority over the following persons: <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| 1. | A business entity that discharges designated wastes (limited to business entities that discharge at least the quantity prescribed by Ordinance of the Ministry of Environment); |
| 2. | A general hospital that discharges infectious wastes; |
| 3. | A person who has a license for a designated waste treatment business; |
| 4. | A person who has obtained approval for or filed a report on the installation of designated waste disposal facilities. |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under the main clause of and proviso of Article 18 (3), 19 (2) (limited designated wastes), 25 (15), and 29 (1), (2) 1 and 2, and (3), the former and latter parts of Article 30 (1) (limited to waste disposal facilities), Articles 31 (1) through (4) and (7) through (9), and 39 (1) (limited to reporting, inspections, etc. with respect to the Governor's authority) of the Wastes Control Act, may be prescribed by Provincial Ordinance. <Amended on Apr. 18, 2017> |
| Article 376 (Special Cases concerning Installation of Waste Disposal Facilities) |
| (1) | Where a person intends to develop, establish, or extend a tourist resort or tourism complex pursuant to Article 5 (2) of the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act within Jeju Self-Governing Province, the Governor may impose an amount equivalent to expenses incurred in installing a facility to dispose of wastes prescribed by Presidential Decree (hereafter the same shall apply in this Article) among those generated from the tourist resorts, etc., on him or her. In such cases, wastes generated from the tourist resorts, etc. shall be disposed of at treatment facilities (hereinafter referred to as "public disposal facility") installed by Jeju Self-Governing Province. |
| (4) | The Governor shall use amounts received under the former part of paragraph (1), for the installation of the public disposal facility. |
| (5) | When a person obligated to pay an amount equivalent to expenses incurred in installing a waste disposal facility under the former part of paragraph (1), fails to pay such amount by the due date, the Governor collect such amount in the same manner as delinquent local taxes are collected. |
| (6) | Matters necessary for the methods for calculating the amount payable, that is equivalent to expenses incurred in installing a waste disposal facility under the former part of paragraph (1), procedures for payment, and the standards and unit price for disposal of wastes in the public disposal facility, shall be prescribed by Provincial Ordinance. |
SECTION 2 Conservation and Management of Groundwater
| Article 377 (Public Management of Groundwater) |
| (1) | The Governor shall control and manage groundwater as a public resource deposited in Jeju Self-Governing Province. |
| (2) | The Governor shall make every endeavor to properly manage groundwater and prevent pollution; ensure stable water supply; conduct basic surveys and observation of groundwater; develop and utilize alternative water resources, etc. |
| (3) | Residents shall fully cooperate with Jeju Self-Governing Province in its policies for the conservation and management of groundwater, and endeavor to conserve and manage groundwater and to prevent the pollution thereof. <Newly Inserted on Jul. 11, 2023> |
[Title Amended on Jul. 11, 2023]
| Article 378 (Formulation of Integrated Water Management Master Plans) |
| (1) | To systematically develop and use water resources such as surface water, underground water, and hot springs and to build a sound water circulation system, the Governor shall formulate and implement an integrated water management master plan (hereinafter referred to as "integrated water management master plan") every 10 years including the following matters in consultation with the Integrated Water Management Committee under Article 385; in such cases, Article 6-2 of the Groundwater Act shall not apply. <Amended on Jul. 11, 2023> |
| 1. | Geological characteristics of water resources and the estimated quantity for development; |
| 2. | Status of development and utilization of water resources; |
| 3. | A plan to conserve and manage water resources; |
| 3-2. | Matters concerning the fostering and revitalization of the water industry; |
| 3-3. | Matters concerning measures for reducing and preventing water pollution; |
| 4. | Matters, etc. concerning basic surveys of water resources; |
| 5. | Matters, etc. concerning the development and utilization of alternative water resources. |
| (2) | The Governor shall formulate and amend various water management-related plans in line with the integrated water management master plan. <Amended on Jul. 11, 2023> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the formulation, implementation, etc. of an integrated water management master plan shall be prescribed by Provincial Ordinance. <Amended on Jul. 11, 2023> |
| (4) | Deleted. <Jul. 11, 2023> |
[Title Amended on Jul. 11, 2023]
| Article 379 (Special Cases concerning Permission for Development, Utilization of Groundwater) |
| 1. | A person who intends to develop and utilize groundwater, spring water, or saline groundwater: Provided, That in cases falling under Article 8 (1) 3 of the Groundwater Act, he or she shall report to the Governor; |
| 2. | A person who intends to perform excavation that affects groundwater, such as the installation of a facility for artificially recharging groundwater, and other relevant acts under Article 386 (1); Provided, That in cases falling under Article 9-4 (1) 5 of the Groundwater Act which are prescribed by Provincial Ordinance, he or she shall report to the Governor. |
| (3) | A person who intends to obtain permission under paragraph (1) or (2) shall prepare and submit a groundwater impact survey report, as prescribed by Provincial Ordinance, for examination. |
| (4) | The Governor may order a person who has obtained permission for development and utilization of groundwater, to take measures to jointly use groundwater, together with users of the neighboring land or facilities, if necessary for proper management of groundwater; and the objects, procedures, and management of joint use, and other necessary matters, shall be prescribed by Provincial Ordinance. |
| Article 380 (Restriction on or Revocation of Permission for Development and Utilization of Groundwater) |
| (1) | The Governor shall not grant permission under Article 379 (1) for proper conservation and management of groundwater, in any of the following cases: |
| 3. | Where it is intended to produce and sell soft drinks, liquor, etc. with a groundwater content-ratio of at least 98 percent; |
| 4. | Where a special control area for groundwater resources has been designated under Article 382; |
| 5. | Except as otherwise expressly provided for in subparagraphs 1 through 4, cases prescribed by Provincial Ordinance to prevent the pollution and excessive development of groundwater. |
| (2) | The Governor may grant permission for development and utilization of groundwater under Article 379 (1), to the extent the conservation and management of groundwater may not be hindered, notwithstanding paragraph (1), in any of the following cases: |
| 1. | Where a local public enterprise established by Jeju Self-Governing Province pursuant to the Local Public Enterprises Act intends to perform activities falling under paragraph (1) 1 through 3; |
| 2. | Where it is intended to perform activities falling under paragraph (1) 3, using saline groundwater defined in subparagraph 3-2 of Article 3 of the Drinking Water Management Act in an area designated and publicly announced by the Governor; |
| 3. | Cases prescribed by Provincial Ordinance as those for supplying water for water supply service, developing public groundwater for agriculture necessary to ease droughts, etc. |
| (3) | If a person who has obtained permission to develop and utilize groundwater, spring water, or saline groundwater or permission for revision thereof or permission for excavation that affects groundwater or permission for revision thereof under Article 379 (1) or (2) falls under any of the following cases, the Governor may cancel such permission: Provided, That the permission shall be cancelled in cases falling under subparagraph 1, or Article 10 (1) 1, 7, or 8 of the Groundwater Act: <Amended on Jul. 11, 2023> |
| Article 381 (Limit on Volume of Groundwater Collected, Suspension of Use, etc.) |
| (1) | The Governor may limit the volume of groundwater collected by a person who develops and utilizes groundwater for the proper management of groundwater, as prescribed by Provincial Ordinance, in any of the following cases: |
| 1. | Where actual volume of groundwater utilized falls noticeably below the permitted volume; |
| 2. | Where deemed necessary to prevent exhaustion of groundwater due to a draught, excessive collection of groundwater, etc. |
| (2) | Matters necessary for the method for calculating the volume of groundwater collected under paragraph (1), application for raising objections, etc., shall be prescribed by Provincial Ordinance. |
| (3) | For the proper management of groundwater, the Governor may order a person who develops and utilizes groundwater to suspend the use of groundwater, as prescribed by Provincial Ordinance, in any of the following cases: |
| 1. | Where he or she fails to comply with any measure for joint use of groundwater as prescribed in Article 379 (4); |
| 2. | Where he or she fails to pay the price for raw groundwater referred to in Article 387 for at least six months despite a notice urging payment and guiding administrative procedures, etc. having been given to him or her. |
| (4) | Where the water level of a standard water table monitoring well referred to in Article 384 (3) falls below the standard water level prescribed by Provincial Ordinance, the Governor may take step-by-step measures for limiting the volume of groundwater collected or temporary suspension of use, and other relevant measures, as prescribed by Provincial Ordinance. |
| (5) | Where the ground for limiting the volume of groundwater collected or suspending the use thereof under paragraphs (1) through (4) ceases, the Governor shall cancel the measures taken for limiting the volume of groundwater collected or suspending the use thereof without delay. |
| Article 382 (Designation and Management of Special Control Areas for Groundwater Resources) |
| (1) | The Governor may designate and publicly announce any of the following areas as a special control area for groundwater resources. The same shall also apply to the alteration thereof: |
| 1. | An area where the water table is lowering or is at a high risk of lowering; |
| 2. | An area where there is a high risk of penetration by seawater or saline water, or where the concentration of chloride ions exceeds the quality standards for drinking water; |
| 3. | An area where it is necessary to restrict the development and utilization of groundwater for future water demand; |
| 4. | Except as provided in subparagraphs 1 through 3, areas prescribed by Provincial Ordinance for the conservation of the volume and quality of groundwater. |
| (2) | The Governor shall formulate a management plan of groundwater resources in a special control area for groundwater resources, when he or she has designated and publicly announced such special control area under paragraph (1). |
| (3) | Matters necessary for designating and publicly announcing special control areas for groundwater resources, and formulating management plans therefor under paragraphs (1) and (2), shall be prescribed by Provincial Ordinance. |
| Article 383 (Special Cases concerning Orders Issued to Prevent Pollution of Groundwater) |
| (1) | No one shall inject, discharge, or dispose of any substance underground that may pollute groundwater, such as sewage or wastewater, without treating such substance below the standards prescribed by this Act or any other Act. |
| (2) | Matters concerning the guidelines for installation of facilities for developing and utilizing groundwater and the supervision of construction works of facilities for developing and utilizing groundwater, necessary to prevent groundwater pollution, shall be prescribed by Provincial Ordinance. |
| (3) | The Governor may restrict the supply and use of agricultural chemicals that may significantly pollute groundwater in order to prevent groundwater from being polluted by agricultural chemicals. In such cases, the details of such restriction shall be publicly announced, as prescribed by Provincial Ordinance. |
| (4) | Whether agricultural chemicals are subject to restriction of supply or use under paragraph (3), shall be determined based on the results of the assessment on the risks of such agricultural chemicals to pollute groundwater, and matters necessary for such assessment shall be prescribed by Provincial Ordinance. |
| Article 384 (Installation and Operation of Groundwater Monitoring Network) |
| (1) | The Governor shall install and operate any of the following groundwater monitoring facilities, to properly manage groundwater: |
| 1. | A water table monitoring network to check the status of variation of the water table; |
| 2. | A sea water penetration monitoring network to monitor whether sea water penetrates; |
| 3. | A water quality monitoring network to monitor the quality of groundwater; |
| 4. | A groundwater consumption monitoring network to check the consumption of groundwater. |
| (2) | The Governor shall include a plan to install groundwater monitoring facilities under paragraph (1) in an integrated water management master plan. <Amended on Jul. 11, 2023> |
| (3) | The Governor shall designate and operate a standard water level monitoring well among the water table monitoring networks under paragraph (1) 1, as prescribed by Provincial Ordinance, to prevent excessive lowering of water table and penetration of seawater. |
| Article 385 (Organization of Integrated Water Management Committee) |
The Governor shall establish an integrated water management committee to seek advice on the following matters; and matters necessary for the organization, operation, etc. of the Integrated Water Management Committee shall be prescribed by Provincial Ordinance: <Amended on Jul. 11, 2023>
| 1. | Basic surveys on groundwater and the formulation and modification of integrated water management master plans; |
| 1-2. | Compliance of Jeju Self-Governing Province's various water management-related plans with integrated water management master plans; |
| 3. | Designation and change of special control areas for groundwater resources designated under Article 382; |
| 4. | Management of the special account for management of groundwater established under Article 388; |
| 5. | Formulation of the comprehensive plan for agricultural water under Article 389 (1); |
| 6. | Other matters concerning the development, utilization, conservation, and management of groundwater and alternative water resources. |
[Title Amended on Jul. 11, 2023]
| Article 386 (Installation and Management of Rainwater Utilization Facilities) |
| (1) | Notwithstanding Article 8 of the Act on Promotion and Support of Water Reuse, a person who intends to construct a stadium, gymnasium, government office building, golf course, or tourism complex; or to install a facility accompanying any change in the form and quality of land in at least a scale prescribed by Provincial Ordinance, shall install and operate facilities for utilizing rainwater or facilities for artificially recharging groundwater (hereinafter referred to as "rainwater utilization facilities, etc.") in order to efficiently utilize rainwater and increase the quantity of groundwater recharged. |
| (2) | The Governor may partially subsidize the cost for installation to any person who installs rainwater utilization facilities, etc. under paragraph (1), as prescribed by Provincial Ordinance. |
| (3) | The standards for installing and operating rainwater utilization facilities, etc. and matters necessary for those eligible to receive subsidization of the cost of facilities and subsidization under paragraph (2), shall be prescribed by Provincial Ordinance. |
| Article 387 (Imposition and Collection of Price for Raw Groundwater) |
| (1) | The Governor may impose and collect the price for raw groundwater from any of the following persons, to raise funds necessary for the proper conservation and management of groundwater. In such cases, Article 30-3 of the Groundwater Act shall not apply: <Amended on Jul. 11, 2023> |
| 1. | A person who has obtained permission to develop and utilize groundwater, spring water, or saline groundwater, a person who has obtained permission to perform excavation that affects groundwater, or a person who has obtained permission for revision thereof under Article 379 (1) or (2), or a person who jointly uses groundwater under paragraph (4) of that Article; |
| (2) | The Governor may collect the price for raw groundwater and surcharges of up to five times the price for raw groundwater from a person who has utilized groundwater or hot spring water without obtaining permission under Article 379 hereof or Article 16 (1) of the Hot Spring Act or a person who has been improperly exempted from paying the price for raw groundwater. |
| (3) | Matters concerning the methods for calculation, procedures for imposition and collection, and exemption and reduction of the price for raw groundwater and surcharges referred to in paragraphs (1) and (2), shall be prescribed by Provincial Ordinance. |
| (4) | If a person fails to pay the price for raw groundwater and surcharges referred to in paragraphs (1) and (2) by the deadline for payment thereof, such price or surcharges shall be collected in the same manner as delinquent local taxes are collected. |
| Article 388 (Establishment of Special Account for Management of Groundwater) |
| (1) | The Governor may establish a special account for management of groundwater with the following revenue sources to raise funds required for projects to properly develop, utilize, conserve, and manage groundwater. In such cases, Article 30-2 of the Groundwater Act shall not apply: |
| 1. | Price for raw groundwater referred to in Article 387; |
| 2. | Funds transferred from general accounts and other special accounts; |
| 4. | Profits accrued from the management of funds referred to in subparagraphs 1 and 2; |
| 5. | Performance bonds deposited under paragraph (2); |
| 6. | Administrative fines collected under Article 480 (1) 2 and 3, and (2) 3 and 4; |
| (2) | If the performance bond deposited under Article 14 of the Groundwater Act is in cash, it shall be deposited in the special account for management of groundwater. |
| (3) | The special account for management of groundwater established under paragraph (1) shall be used for the following purposes: <Amended on Jul. 11, 2023> |
| 1. | Basic surveys of groundwater; |
| 2. | Formulation and implementation of integrated water management master plans; |
| 3. | Designation and management of special control areas for groundwater resources; |
| 4. | Reinstatement of tubular groundwater wells; |
| 5. | Purification of polluted groundwater; |
| 6. | Installation and operation of groundwater monitoring networks, and surveys on the status of the utilization of groundwater; |
| 7. | Repayment of borrowings under paragraph (1) 3; |
| 8. | Return of the performance bond deposited under paragraph (1) 5; |
| 9. | Other purposes prescribed by Provincial Ordinance for projects necessary for conserving and managing groundwater, such as development of alternative water resources. |
| (4) | Matters necessary for the budget compilation, financial settlement, and management of the special account for management of groundwater established under paragraph (1), shall be prescribed by Provincial Ordinance. |
| Article 389 (Formulation of Comprehensive Plan for Agricultural Water) |
| (1) | The Governor shall formulate and implement a comprehensive plan for agricultural water containing the following matters to develop, supply, and manage agricultural water systematically, and further details concerning the formulation and implementation of the comprehensive plan for agricultural water, shall be prescribed by Provincial Ordinance: |
| 1. | Status of the development and utilization of agricultural water; |
| 2. | Forecast of the demand for agricultural water; |
| 3. | A plan to develop and supply agricultural water; |
| 4. | A plan to manage agricultural water supply facilities; |
| 5. | A quality control plan of agricultural water; |
| 6. | Other matters concerning the management of agricultural water. |
| (2) | The Governor may entrust the management of agricultural water to any of the following specialized institutions in order to develop, supply, and manage agricultural water in a systematic and efficient manner; and matters concerning the financial support, administrative expense, financial settlement, etc. for such entrusted management, shall be prescribed by Provincial Ordinance: |
| 3. | Other corporations or organizations prescribed by Provincial Ordinance which are deemed capable of performing entrusted management of agricultural water. |
| Article 390 (Special Cases concerning Management of Groundwater) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 5 (5) and (7), 5-2 (4), 9 (1) and (3), 9-2 (1),(2), and (4), 9-3 (1), the former part of Article 9-5 (2), 9-5 (4) and (5), 10 (2), the main clause of Article 10 (3), Articles 11 (1) and (2), 14 (1) 2 and (2), the proviso, with the exception of the subparagraphs, of Article 15 (1), Article 15 (1) 8, the former part, with the exception of the subparagraphs, of Article 15 (4), Articles 15 (5), 16 (1) and (2), the provisions, with the exception of the subparagraphs, of Article 16-2 (1), Articles 16-2 (1) 1 and 2, the former part of Article 16-2 (2), Articles 16-3 (1) and (3), the former part of Article 16-4 (1), Articles 17 (2), (5), and (7), 20 (1) through (3), the former and latter parts of Article 22 (1), Articles 24 (1) and (2), 25 (2) and (3), the former and latter parts of Article 27 (1), Article 27 (2), 29 (2) , the former and latter parts of Article 29-2 (1), the proviso of Article 29-2 (2), the provision, with the exception of the subparagraphs, of Article 33 (1) (limited to the payment of fees under subparagraphs 1, 4, and 5), and Article 41 (limited to the imposition and collection of administrative fines under devolved authority) of the Groundwater Act, may be prescribed by Provincial Ordinance. <Amended on Jun. 8, 2018; Jan. 5, 2021; Jul. 11, 2023> |
| Article 391 (Special Cases concerning Management of Drinking Water) |
| Article 392 (Special Cases concerning Management of Hot Springs) |
| (1) | The authority of the Minister of the Interior and Safety bestowed under Article 29 of the Hot Spring Act, shall become the Governor's inherent authority. <Amended on Jul. 26, 2017> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under Article 9 (2) and (5), the proviso of Article 10 (4), Article 11, the former part of Article 12 (1), the latter part of Article 12 (2), Article 12-2 (2), the main clause of Article 14 (1), Article 14 (3), the proviso of Article 15 (1), Article 16 (1) and (4), the former part of Article 19 (1), Articles 21 (1) and (2), 24 (2), and 31 of the Hot Spring Act, may be prescribed by Provincial Ordinance. <Amended on Jul. 26, 2017> |
| (3) | The Governor may opt not to grant permission for drilling or excavation for hot springs, in order to ensure the appropriate conservation and management of hot springs, notwithstanding Article 12 or 15 of the Hot Spring Act, in any of the following circumstances: |
| 1. | Areas within 1,000 meters from the boundary of an area designated as a hot spring resource protection district or a hot spring hole preservation area; |
| 3. | Grade 1 areas among groundwater resource conservation zones designated under Article 357 (2); |
| 4. | Special control areas for groundwater resources designated under Article 382 (1); |
| 5. | Other cases prescribed by Provincial Ordinance which are deemed necessary for the preservation of hot springs and groundwater. |
| Article 393 (Enactment and Enforcement of Ordinance for Groundwater Management) |
The Governor may enact and enforce an Ordinance for Groundwater Management to comprehensively provide for matters authorized to be prescribed by Provincial Ordinance under Articles 337 through 392, if necessary for establishing the groundwater management system appropriate for the local traits and conditions of Jeju Self-Governing Province, and efficiently utilizing groundwater.
| Article 394 (Special Cases concerning Water Supply Business) |
| (1) | The authority of the Minister of Environment bestowed under the following subparagraphs, shall become the Governor's inherent authority. <Amended on Jun. 8, 2018> |
| (2) | Deleted. <Jun. 8, 2018> |
| (3) | Deleted. <Jun. 8, 2018> |
CHAPTER VI INCREASING EMPLOYMENT AND LABOR SERVICES
| Article 395 (Special Cases concerning Employment Security) |
| (2) | Notwithstanding Article 4-4 of the Employment Security Act, the Governor may post vocational guidance counselors, other than public officials, to take charge of affairs, such as job placement, vocational guidance, and provision of employment information at employment security offices established under paragraph (1). In such cases, guidelines for placement of such vocational counselors and other necessary matters, shall be prescribed by Provincial Ordinance. |
| (3) | The authority of the Minister of Employment and Labor bestowed under Articles 4-4 (1), 6 (2) and (3), 14 (2), 18 (1) (limited to overseas free job placement services), 19 (1) (limited to overseas fee-charging job placement services), 23 (1), 30 (1), 33 (1), (2), and (4), 35, 36 (1) and (2), 36-2 (2) and (3), 36-3, 37 (1) (excluding measures against domestic free or fee-charging job replacement services), 40-2 (1), 41 (1) through (3) and (5), 41-2, and 50 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Employment Security Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. |
| Article 396 (Special Cases concerning Prohibition of Age Discrimination in Employment) |
| (1) | The authority of the Minister of Employment and Labor bestowed under Articles 7, 8, 9 (4), 11 (1), (2) 4, (3), and (4), 11-2 (1), 11-3 (1) and (2), 11-4 (1), 13 (1) through (3), 14 (2), 17 (1) and (2), 18, 20 (1) and (2), 21-2, 22, 23 (1) through (3) and (5), and 24 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. |
| Article 397 (Special Cases concerning Certified Public Labor Attorneys) |
| (2) | The authority of the Minister of Employment and Labor bestowed under Articles 5, 7-4 (1), 7-5 (2), 7-6, 9, 18 (1), (2), and (4), 19 (1), 22 (limited to devolved authority), and 30 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Certified Public Labor Attorney Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. |
| Article 398 (Special Cases concerning Development of Workplace Skills of Workers) |
| (1) | The authority of the Minister of Employment and Labor bestowed under Articles 16 (1) through (3), 17 (1) and (2), 18 (1) and (2), 19 (1) through (3), 22 (1), 28 (1) through (3), 31 (1), 33 (2), 35 (1), 55, 56 (1) through (3) (excluding matters concerning receipt of payment), 57 (1), 58 (1), (2), and (4) (limited to devolved authority), and 59 (1) (limited to devolved authority), subparagraphs 1, 3, and 5 of Article 62 (limited to devolved authority), and Article 63 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Development of Lifelong Vocational Skills of Citizens, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. <Amended on Aug. 17, 2021> |
| (2) | Matters to be prescribed by Presidential Decree under Articles 18 (3) and 63 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Development of Lifelong Vocational Skills of Citizens, may be prescribed by Provincial Ordinance. <Amended on Aug. 17, 2021> |
| Article 399 (Special Cases concerning Trade Union) |
The authority of the Minister of Employment and Labor bestowed under Articles 10 (1), 12, 13, 18 (3) and (4), 21, 27, 28 (1) 4 and (2), 31 (2) and (3), 36, 42 (3) and (4), 46 (2), and 96 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Trade Union and Labor Relations Adjustment Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor: Provided, That this shall apply only where the main office of a labor union is located in Jeju Self-Governing Province, and the authority over the labor unions in the form of united organizations and nationwide unit labor unions by industry shall be excluded.
| Article 400 (Special Cases concerning Foreign Workers) |
| (1) | The authority of the Minister of Employment and Labor bestowed under Articles 18-2 (1), 18-4 (1), 20 (2), 26 (1), and 32 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Employment, of Foreign Workers, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. |
| Article 401 (Special Cases concerning Employment of Disabled Persons) |
| Article 402 (Special Cases concerning Industrial Accident Compensation Insurance) |
| (3) | The authority of the Minister of Employment and Labor under Articles 20 (limited to projects to support job creation, such as support for job sharing, permanent part-time employment, types of business with good prospects for growth, specialized regional industries, reshoring enterprises, employment of professional human resources, intergenerational win-win employment, and improvement of employment conditions, employment of the aged and the middle-aged (referring to the aged and the middle-aged defined, respectively, in subparagraphs 1 and 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion), 21 through 23 (limited to the authority regarding provision of subsidies for employee retention, subsidies for extension of employment of seniors, subsidies for employment of seniors aged 60 years or older, subsidies for reduction of wages in a business or a place of business which sets the retirement age at 60 or more, subsidies for reduction of working hours, incentives for employment security during the period of childbirth and child care, and incentives for promotion of employment), 24 (limited to the authority regarding provision of subsidies for employment security of construction workers), 25 (1) (limited to support for employment security and employment support services, such as subsidies for conversion into full-time employment, subsidies for conversion into permanent part-time employment, and subsidies for the improvement of employment conditions to assist work-family balance), 26 (limited to the subsidization of operating expenses for nurseries at a workplace, employment support projects for universities, and employment support projects for high schools in the field of technology), 29 (1) (limited to the subsidization of expenses incurred in training for developing workers' vocational abilities), 31 (limited to the instruction and supervision of consortium projects by small and medium enterprises and training projects for occupations selected with priority), 33 (limited to the authority regarding supplying employment information, building foundations to support employment, etc.: Provided, That the operation of computer networks regarding the building of foundation for employment stabilization and vocational ability development; projects for placement of specialists; collection and analysis of employment information and supply thereof to employment security offices; research, development, and diffusion of techniques regarding vocational guidance, such as consultation on vocation and training; evaluation of and support for supplying employment information, vocational guidance, and job placement; and employment insurance projects), 35, 53, 70, 73-2 (1), 75, 76-2 (1), 77-4 (1), 77-9 (1), and 108 (limited to cases necessary to conduct business of devolved authority), 109 (if necessary to conduct business affairs regarding devolved authority), 110 (if necessary to conduct business affairs regarding devolved authority), 112 (1), and 118 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Employment Insurance Act, shall become the Governor's inherent authority; and the State affairs handled by the Minister of Employment and Labor shall be handled by the Governor. <Amended on Dec. 10, 2019; Jul. 13, 2021; Jul. 11, 2023> |
| (4) | The authority of the head of an employment security office bestowed under Articles 43 (1), (2) and (4), 44, 47, 51 (1) and (2), 52 (1), 56 (2), 57 (2), 58, 60 (1) through (3), 61 through 64, 65 (1) and (2), 66 (1), 67 (1), 68, 69, 73, 74, 77, the proviso of Article 77-3 (1) 3, Articles 77-3 (8), 77-5 (2) and (3), the proviso of Article 77-8 (1) 3, Articles 77-8 (8), 77-10 (2) and (3), 93 (3), 97 (2), 98, 103, and 111 of the Employment Insurance Act, shall become the Governor's authority. <Amended on Dec. 10, 2019; Jul. 13, 2021; Jul. 11, 2023> |
| Article 403 (Special Cases concerning National Technical Qualifications) |
| Article 404 (Special Cases concerning Social Enterprises) |
| Article 405 (Special Cases concerning Transfer of Jeju Regional Labor Relations Commission) |
| (1) | Notwithstanding Articles 2 (2) and 4 (2) of the Labor Relations Commission Act, a Regional Labor Relations Commission shall be established under the jurisdiction of the Governor to take charge of cases provided for in Article 3 (2), (4), and (5) of that Act. In such cases, the Governor shall have overall control over the budget, personnel management, education, training, and other administrative affairs of the Regional Labor Relations Commission; and shall direct and supervise the public officials under his or her jurisdiction. |
| (2) | The name and location of the Regional Labor Relations Commission established under paragraph (1) shall be prescribed by Provincial Ordinance. |
| (3) | A secretariat shall be established to conduct the administrative affairs of the Regional Labor Relations Commission under paragraph (1), and matters necessary in relation to the organization and management of the secretariat shall be prescribed by Provincial Ordinance. |
| (4) | Notwithstanding Article 6 (3) and (4) of the Labor Relations Commission Act, workers' members, employers' members, and public interest members of the Regional Labor Relations Commission shall be commissioned by the Governor; however, workers' members and employers' members shall be commissioned on the nomination of the chairperson of the Regional Labor Relations Commission from among those recommended by labor unions, and employers' organizations, respectively; while public interest members shall be commissioned on the nomination of the chairperson of the Regional Labor Relations Commission from among the candidate public interest members intended for commissioning, who become such candidate public officials for commissioning by being next in order by labor unions and employers' organizations from among those recommended by the chairperson of the Regional Labor Relations Commission, labor unions, and employers' organizations, respectively, and notwithstanding Article 9 (2) of that Act, the chairperson of the Regional Labor Relations Commission established under paragraph (1) shall be appointed by the Governor, from among at least two candidates recommended by the Chairperson of the Central Labor Relations Commission. <Amended on Dec. 10, 2019> |
| (5) | Notwithstanding Article 11 (1) of the Labor Relations Commission Act, the standing members of the Regional Labor Relations Commission established under paragraph (1) shall be appointed by the Governor, upon recommendation by the chairperson of the Central Labor Relations Commission from among those qualified as members representing public interest under Article 8 of that Act. |
| (7) | Except as otherwise expressly provided for in this Act, the relevant provisions of the Labor Relations Commission Act, and other labor-related statutes shall apply mutatis mutandis to the Regional Labor Relations Commission established under the jurisdiction of the Governor pursuant to paragraph (1). |
CHAPTER VII USE OF LAND AND IMPROVEMENT OF TRANSPORT, HARBORS
SECTION 1 Planning and Utilization of National Land
| Article 406 (Special Cases concerning Planning and Utilization of National Land) |
| (1) | The Governor may determine an urban and Gun management plan about the designation or change of a special-purpose area, other than special-purpose areas designated under Article 37 of the National Land Planning and Utilization Act, by prescribing the title of the special-purpose area and the purpose of designation, the prohibition and restriction on building works or other activities, and limitations on the usable area of land through development projects, as prescribed by Provincial Ordinance, if necessary considering local circumstances. |
| (2) | Notwithstanding Articles 43 (2), 77, and 78 of the National Land Planning and Utilization Act, matters concerning the guidelines for the determination, structure, and installation, and the building-to-land ratio, floor area ratio, etc., of amusement facilities (including amusement and recreation facilities to be installed for the improvement of residents' welfare and conveniences and tourist facilities to be installed for the tourism and recreation of tourists) among urban and Gun planning facilities to be established in Jeju Self-Governing Province, may be prescribed by Provincial Ordinance: Provided, That no area for tourist accommodation shall exceed 30/100 of the total area. <Amended on May 29, 2016> |
| (4) | Notwithstanding Articles 8 (2), 16, and 30 (2) of the National Land Planning and Utilization Act, and paragraph (2) of the Addenda to the partially amended National Land Planning and Utilization Act (Act No. 7470), the Governor may designate or change a district, etc., formulate or amend a metropolitan urban plan, amend or determine on an urban and Gun management plan, or formulate an initial master urban and Gun plan without approval from, or consultation with, the Minister of Land, Infrastructure and Transport. |
| (6) | Where the Governor intends to permit, authorize, approve, or determine a plan which includes provisions concerning the legal fiction of determination of an urban and Gun management plan concerning the designation or change of a special-purpose area, zone, or district under the National Land Planning and Utilization Act by any other Act, he or she shall undergo deliberation by the local urban planning committee under Article 113 of that Act, notwithstanding Article 9 of that Act. |
| (7) | Notwithstanding Article 59 (1) of the National Land Planning and Utilization Act, where the Governor intends to permit any activity specified in that paragraph under that Act, or intends to grant authorization, permission, approval, or to consult under any other Act, he or she shall undergo deliberation by the local urban planning committee under Article 113 of that Act. |
| (9) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 8 (2) and (4) 4, the proviso of Article 30 (3), the proviso of Article 31 (2), the main clause of Article 39 (1), the proviso of Article 43 (1), Articles 49 (2), 51 (1) 10, (2) 2, and (3) 1 and 2, and 52 (1) 1, 2, and 8, (2), and (3), the provision, with the exception of the subparagraphs, of Article 56 (1), the proviso of Article 56 (2), Articles 56 (4) 3, 57 (2) and (4), 58 (1) 1 and (3), and 59 (1) (limited to activities prescribed by Presidential Decree) and (2) 6, the former part of Article 59 (3), the main clause, with the exception of the subparagraphs, of Article 60 (1), Article 60 (2), the main clause of Article 62 (1), Article 67 (1) 3, (2), (4), and (5), the proviso of Article 68 (2), Articles 68 (3), (4) 2, (6) 2, and (7), and 69 (1) and (5), the proviso of Article 70 (2), Articles 70 (3) and 76 (1), (2), and (5) 1, the provisions, with the exception of the subparagraphs, of Article 77 (1), Article 77 (2), the provision, with the exception of the subparagraphs, of Article 77 (3), the provision, with the exception of the subparagraphs, of Article 77 (4), the provision, with the exception of the subparagraphs, of Article 78 (1), Articles 78 (2) through (5), 81 (1), (2) 1 through 3, and (6), and 85 (1), the proviso of Article 85 (5), Article 88 (1) and (2), the proviso of Article 88 (4), Articles 88 (5), 98 (1), and 113 (1) 4, (2) 4, and (3), the main clause of and proviso of Article 113-2, and Articles 113-3 (1) 4 and 114 (2) of the National Land Planning and Utilization Act, may be prescribed by Provincial Ordinance. <Amended on Jan. 19, 2016> |
| Article 407 (Special Cases concerning Deliberation on Building Plans) |
| (1) | When a person intends to construct a building in an area designated and publicly announced by the Governor which the Governor deems necessary to designate to maintain the natural landscape or urban landscape, he or she shall prepare the preliminary design, following deliberation on the building plan, including shapes, colors, and roads, by the Provincial Building Committee established under Article 4 of the Building Act. |
| (2) | Building permits or building reports (limited to new construction, and including a building permit or building report constructively acknowledged under this Act or any other Act) under Articles 11 and 14 of the Building Act in an area designated and publicly announced under paragraph (1), shall be issued or accepted, following deliberation by the Provincial Building Committee. |
| (3) | The designation and public announcement of areas subject to deliberation referred to in paragraph (1), and the procedures and guidelines for deliberation, shall be prescribed by Provincial Ordinance. |
| Article 408 (Special Cases concerning Building) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 15 (3), 23 (2) and (4), 25 (8) and (9), 69 (1), 71 (1) through (5) and (8), 72 (6) and (7), 77 (1) and (2), and 87 (1) of the Building Act, shall become the Governor's inherent authority. <Amended on Dec. 10, 2019> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 4 (5), 5 (1), 6, 8, 12 (1), and 13 (2), the provision, with the exception of the subparagraphs, of Article 14 (1), and Article 14 (1) 4 and 5, the main clause of and proviso of Article 16 (1), Articles 16 (2) and 17 (2), the main clause of and proviso of Article 19 (3), the provision, with the exception of the subparagraphs, of Article 19 (4), Articles 19 (6) and 20 (2) 3, (3), and (5), the main clause, with the exception of the subparagraphs, of Article 22 (2), Articles 22 (3) 2, 23 (1) 3 and (4), and 24 (5), the former part of Article 25 (1), Articles 25 (4) through (6) and (8), 26, 27 (1) through (3), 28 (1), 29 (1), 34, 37 (1) and (2), 40 (4), and 41 (1), the proviso of Article 42 (1), the main clause, with the exception of the subparagraphs, of Article 43 (1), Articles 43 (2) and 44 (1) 2 and (2), the main clause, with the exception of the subparagraphs, of Article 45 (1), Article 45 (3), the proviso of Article 46 (1), Article 46 (2), the main clause of Article 54 (1), Articles 57 (1), 58, and 59 (1) 1 and 2, and (2), the main clause of and proviso of Article 60 (1), Articles 61 (1), the provision, with the exception of the subparagraphs, of Article 61 (2), the provision, with the exception of the subparagraphs,, with the exception of the subparagraphs, of Article 61 (3), Articles 61 (3) 8 and 62, the former and latter parts of Article 64 (1), the main clause of and proviso of Article 64 (2), Article 69 (1) 1 (b) and 2 (b) and (c), subparagraphs 2 and 3 of Article 70, the latter part of Article 71 (1) 4, the latter part of Article 71 (1) 6, Article 71 (1) 7 and (5), the latter part of Article 71 (7), the latter part of Article 72 (1), the former part of Article 72 (5), Article 72 (7), the latter part of Article 72 (8), Article 73 (1) 2 and (3), the former and latter parts of Article 75 (2), Article 78 (4), the proviso of Article 79 (2), Article 79 (4), the proviso, with the exception of the subparagraphs, of Article 80 (1), and Articles 80 (1) 2, 83 (1) and (3), 85 (1) 5, 88 (1) 7, and 102 (2) of the Building Act, may be prescribed by Provincial Ordinance. <Amended on Apr. 30, 2019; Dec. 10, 2019> |
| (3) | Notwithstanding the proviso of Article 60 (1) of the Building Act, the maximum height of a building for an area surrounded by roads, may be prescribed by Provincial Ordinance. |
| (4) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 15 (1) of the Act on the Management of Buildings (limited to the matters referred to in Article 12 (1) of that Act) and Article 30 (5) of that Act, may be prescribed by Provincial Ordinance. <Newly Inserted on Apr. 30, 2019> |
| Article 409 (Special Cases concerning Registration of Land Survey Business and Cadastral Records) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries bestowed under Article 44 (2), 46 (2), 48, 52, 99, 100 (limited to hearings held under devolved authority), 106 (limited to the payment of fees related to devolved authority), and 111 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Establishment, Management, etc. of Spatial Data, shall become the Governor's inherent authority. <Amended on Aug. 10, 2021> |
| (2) | Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of Land, Infrastructure and Transport, or Ordinance of the Ministry of Oceans and Fisheries under Articles 27 (2), 28 (3) (limited to local committees for cadastral records), 29 (1) and (4), 44 (8) (limited to cadastral survey business), 51 (2), 52 (4), 69 (4), 75 (2), and 76 (4) (limited to data related to Jeju Self-Governing Province), the main clause of and proviso of Article 90, Articles 106 (1) (limited to matters concerning applications filed under subparagraphs 13, 14, and 15) and (6) (limited to fees related to devolved authority), and 111 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Establishment, Management, etc. of Spatial Data, may be prescribed by Provincial Ordinance. <Amended on Aug. 10, 2021; Jun. 10, 2022> |
| Article 410 (Special Cases concerning Promotion of Construction Technology) |
The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 24 (1), 57 (4), 60 (4), 80, 83 (limited to hearings held under devolved authority), and 91 (4) (limited to the imposition and collection of administrative fines under devolved authority, and excluding constructors that have filed for registration of business performing general construction works and business performing specialized construction works under Article 8 (1) of the Framework Act on the Construction Industry, and engineers employed by and working for such constructors) of the Construction Technology Promotion Act, shall become the Governor's inherent authority. <Amended on Aug. 14, 2018; Apr. 30, 2019; Dec. 10, 2019>
| Article 411 (Special Cases concerning Safety Control of Infrastructures) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Article 31 (2) and (3) and Article 35 of the Special Act on Safety and Maintenance of Infrastructures, shall become the Governor's inherent authority. <Amended on Jan. 17, 2017> |
| (2) | Where the Governor has accepted the registration of a specialized safety diagnosis institution or registration of modification; has revoked such registration; has suspended business; has issued a correction order; or has imposed an administrative fine under paragraph (1), he or she shall report such fact to the Minister of Land, Infrastructure and Transport within 30 days of the relevant action. |
| Article 412 (Special Cases concerning Road Management) |
| (1) | Notwithstanding Article 31 (1) of the Road Act, the Governor may inspect and design State-funded local highways. In such cases, the design of State-funded local highways shall be approved by the Minister of Land, Infrastructure and Transport. |
| (2) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 25, 31 (1), 32 (1), 33 through 37, 39 (1), 40 (1), (2), and (4), 48, 52 (1), 55 through 57, 61, 62, 65, 66, 69, 70, 73, 76, 77, 82, 83, 89 through 91, 96 (excluding dispositions or measures taken against violators of Article 40 (3)), 97, 103, 106, 117 (4) (limited to the imposition and collection of administrative fines under devolved authority), and 118 of the Road Act, and related to general national highways among roads provided for in that Act, shall become the Governor's inherent authority. |
| (4) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the main clause, with the exception of the subparagraphs, of Article 36 (1), Articles 36 (1) 3, 40 (2), 55 (2), and 61 (3), the former and latter parts of Article 62 (2), Article 66 (4), the provisions, with the exception of the subparagraphs, of Article 68, and subparagraph 3 of Article 68 of the Road Act may be prescribed by Provincial Ordinance. <Amended on Apr. 18, 2023> |
| (5) | The designation of roads in the former Jeju-do as general national highways under Article 12 of the Road Act shall be cancelled; and the general national highways so cancelled shall be deemed designated as local highways by the Governor under Article 15 of that Act. |
| (6) | Notwithstanding Article 21 of the Road Act, the Governor may approve or close the route of local highways, or reroute local highways. In such cases, the Governor shall notify the Minister of Land, Infrastructure and Transport of the results thereof. |
| (7) | Notwithstanding the former part of Article 85 (1) of the Road Act, the State may subsidize expenses incurred in constructing, maintaining, or managing the following roads, if necessary: |
| 1. | Roads converted from general national highways to local highways under paragraph (5); |
| (8) | The Governor shall formulate plans for road construction and management that present directions of the construction or long-term maintenance, such as the maintenance and management, of roads referred to in subparagraphs of paragraph (7), in consultation with the Minister of Land, Infrastructure and Transport. |
| (9) | Plans for road construction and management formulated under paragraph (8), shall be deemed plans for road construction and management formulated by the Minister of Land, Infrastructure and Transport under Article 6 of the Road Act. |
| Article 413 (Special Cases concerning River Management) |
| (1) | The authority of the Minister of Environment bestowed under Articles 50 (1) through (3), 51 (1) and (2), 52 (2), (3), and (5), 53 (1) through (4), and 54 (2) of the River Act, shall become the Governor's inherent authority. <Amended on Jan. 17, 2017; Jun. 8, 2018; Dec. 31, 2020> |
| (2) | The following authority of the Minister of Environment concerning national rivers bestowed under the River Act, shall become the Governor's inherent authority: <Amended on Jan. 17, 2017; Jun. 8, 2018; Dec. 10, 2019; Dec. 31, 2020> |
| 1. | Articles 5 (2), 6 (excluding where the project implementer is the head of a central administrative agency), 10, 12, 14, 15, and 27 (1) through (3), the main clause of Article 27 (5), Articles 27 (6) and (7), 28, 30, 32 (6), 33 (1) 2 (excluding multi-purpose dams), 3 (excluding multi-purpose dams and estuary dams), and 4, 36, 47, 48, 61 (1) and (2), 68 through 70, 74, 75, 78, 84, 85, 90, 91, and 98 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the River Act; |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Environment under Articles 5 (2), 6 (1), 12 (1) 2, and 27 (1) and (3), the provision, with the exception of the subparagraphs, of Article 27 (6), Articles 27 (7), 28 (3) and (4), and 30 (1), (4), and (5), the latter part of Article 30 (7), Article 30 (10), the former and latter parts, with the exception of the subparagraphs, of Article 33 (1), Article 33 (1) 6 and (4) 1 and 2, the proviso of Article 33 (4) 4, Articles 33 (4) 5, (7), and (8), 35 (3), and 37 (4), the provision, with the exception of the subparagraphs, of Article 37 (5), Article 37 (5) 2, the main clause and proviso, with the exception of the subparagraphs, of Article 38 (1), Article 45, subparagraphs 6 and 7 of Article 46, Articles 47 (1), 48 (4), 49 (2), 50 (1), (3) 4, and (4), 51 (4), 52 (1) and (4), 53 (1) 3, and 53 (3), the provision, with the exception of the subparagraphs, of Article 54 (1), Articles 54 (9), 66, 68, 73 (3), 76 (3), 79 (2), 80 (2), (3), and (5), 81 (2), 83 (2), and 84 (1), and the provision, with the exception of the subparagraphs, of Article 85 (1) of the River Act, may be prescribed by Provincial Ordinance. <Amended on Jun. 31, 2020; Dec. 10, 2019; Dec. 31, 2020> |
| Article 414 (Special Cases concerning Small River Maintenance) |
| Article 415 (Special Cases concerning Urban Development) |
| (4) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 3 (5), the proviso of Article 4 (1), the latter part of Article 4 (4), Articles 5 (1) 17, (3), and (4), and 6 (1), the latter part of Article 7 (1), Article 7 (2), the proviso of Article 8 (1), the former part of Article 9 (5), Article 9 (6) 2, the proviso of Article 10 (2) 1, the proviso of Article 10 (2) 2, the former part of Article 10 (4), the former part, with the exception of the subparagraphs, of Article 11 (2), Article 11 (3) and (4), the main clause of Article 11 (5), Articles 11 (8) 4 and 12 (1), the main clause of Article 12 (2), Articles 12 (3) and (4) and 13 (1), the proviso of Article 13 (2), Articles 15 (3) and 16 (4), the former part of Article 17 (1), the proviso of Article 17 (4), Article 17 (5), the latter part of Article 19 (3), the provision, with the exception of the subparagraphs, of Article 20 (2), Articles 20 (5) and (8), 21 (2) 1 through 3, and (3), and 22 (4), the main clause of Article 23 (1), Articles 23 (2) and (3), 25 (1), 26 (2), 27, and 28 (1) 6, (3), and (5), the proviso of Article 29 (2), the main clause of and proviso of Article 29 (3), Articles 31 (2), 40 (1), (4), and (5), 44 (3), 45, 46 (2), and 50 (1), the proviso of Article 53, Articles 55 (4) and (5) and 58 (1) and (3), the former part of Article 58 (4), the main clause of Article 59, Articles 60 (2) 9, 61 (1) 3 and 8, and (3), 62 (4), 63 (1) 3 and (3), and 72 (4) and (5) of the Urban Development Act, may be prescribed by Provincial Ordinance. |
| Article 416 (Special Cases concerning Housing Site Development) |
| (4) | Administrative adjudications provided for in Article 27 of the Housing Site Development Promotion Act on matters under the Governor's inherent authority pursuant to paragraph (1) shall be introduced to the Governor in lieu of the Minister of Land, Infrastructure and Transport. |
| (5) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the main clause of and proviso of Article 3-3 (1), Article 3-3 (2), the former part of Article 6 (1), Article 6 (2) 2 and (3), the former and latter parts, with the exception of the items, of Article 7 (1) 4, Articles 7 (2) and 8 (1) 5 and (2), the former and latter parts of Article 9 (1), Article 9 (5), the latter part of Article 11 (2), Articles 12 (5), 12-2 (1) through (3), 13 (1), 17 (1) and (2), and 18 (2), the former part, with the exception of the subparagraphs, of Article 18-2 (1), Article 18-2 (1) 7 and (2), the proviso of Article 19-2 (1), Articles 21 (2), 23 (2), and 24 (1), the former part of Article 25 (1), the provision, with the exception of the subparagraphs, of Article 30 (2), and Article 35 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Housing Site Development Promotion Act, may be prescribed by Provincial Ordinance. |
| Article 417 (Special Cases concerning Maintenance and Improvement of Urban Areas and Dwelling Conditions) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 10, 19 (7), 29 (4), 32 (2), 34 (1), the latter part of Article 98 (1), Article 101 (5) (excluded if the subject of approval is a Provincial Ordinance), and Article 111 (1) of the Act on the Improvement of Urban Areas and Residential Environments, shall become the Governor's inherent authority. <Amended on Feb. 8, 2017; Aug. 9, 2017> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under subparagraph 3 (b) of Article 2, part of subparagraph 3 (c) excluding its subitems (i) and (ii), subparagraph 3 (d), and subparagraphs 4 and 5 of Article 2, subparagraph 5 of Article 3, Article 5 (1) 13, Article 6 (3), the proviso of Article 7 (1), Article 7 (4), Article 8 (1), the proviso, with the exception of the items, of Article 9 (1) 10 excluding its items, Article 9 (1) 10 (d), Article 9 (1) 12, Article 10 (1) 1 and 2, the proviso of Article 12 (3), Article 12 (4), (5), and (7), Article 13 (5), Article 14 (2), Article 15 (3), the main clause of Article 16 (1), Article 16 (3), Article 17 (4) and (5), Article 19 (1) 7, Article 19 (2) 2, Article 19 (3), the provision, with the exception of the subparagraphs, of Article 19 (7), Article 21 (3), the proviso of Article 24 (3), Article 25 (1) 1 and 2, the main clause of Article 26 (2), the provision, with the exception of the subparagraphs, of Article 27 (1), the main clause of Article 27 (2), the former part, with the exception of the subparagraphs, of Article 27 (4), Article 28 (3), the proviso of Article 29 (4), Article 29 (9), the provision, with the exception of the subparagraphs, of Article 31 (1) excluding its subparagraphs, the former part of Article 31 (3), the latter part of Article 31 (4), Article 32 (1) 5, Article 32 (3) and (4), Article 34 (1) 7, Article 34 (5), Article 35 (2) 2, the proviso of Article 35 (5), Article 35 (9) and (10), Article 36 (3) and (4), Article 37 (2) 2 (b), Article 37 (3), Article 38 (2), Article 39 (2) 5, Article 40 (1) 18, Article 40 (4), Article 41 (2), the proviso of Article 41 (5), Article 41 (6), Article 45 (1) 13, Article 45 (6), Article 46 (4) and (5), Article 47 (3), Article 47 (5) 6, Article 47 (6), the main clause of and proviso of Article 50 (1), the main clause of Article 50 (9), Article 52 (1) 13, the main clause of and proviso of Article 55 (4), Article 55 (5), the main clause of Article 56 (1), Article 58 (2) excluding its subparagraphs, Article 59 (2), the former part of Article 59 (3), the former part of Article 61 (3), the proviso of Article 65 (1), the provision, with the exception of the subparagraphs, of Article 66, subparagraph 1 of Article 66, Article 67 (4) 3, Article 68 (2), the provision, with the exception of the subparagraphs, of Article 68 (4) , Article 68 (4) 6, the main clause of Article 69 (1), the main clause, with the exception of the subparagraphs, of Article 72 (1), Article 72 (1) 4, Article 72 (3), the latter part of Article 73 (3), the proviso, with the exception of the subparagraphs, of Article 74 (1), Article 74 (1) 9, Article 74 (4), Article 76 (2), the proviso of Article 78 (1), the proviso of Article 78 (2), Article 78 (4), Article 79 (3), the latter part of Article 79 (4), the latter part of Article 79 (5), the main clause of and proviso of Article 79 (6), the latter part of Article 80 (1), Article 80 (2), Article 82 (1), Article 83 (1), the main clause of Article 83 (5), Article 83 (6), Article 89 (4), Article 92 (2) 1, Article 94 (1) and (3), the former part, with the exception of the subparagraphs, of Article 95 (1), Article 95 (1) 2, Article 101 (1) 2, the main clause and proviso, with the exception of the subparagraphs, of Article 102 (1), Article 102 (2) and (3), subparagraph 5 of Article 103, Article 106 (2), Article 108 (2), Article 109 (6), Article 110 (1) 4, Article 110 (2), Article 111 (1) through (3), the main clause, with the exception of the subparagraphs, of Article 112 (1), the latter part of Article 113 (2), Article 115, Article 117 (1) 3, Article 118 (1), Article 122 (1) 7, Article 123 (1), Article 124 (1) 11, Article 124 (2) and (3), Article 124 (4) 3, Article 125 (1), Article 126 (2) 4 and 6, Article 128 (1), the provision, with the exception of the subparagraphs, of Article 128 (2), Article 128 (2) 3, and Article 140 (3) of the Act on the Improvement of Urban Areas and Residential Environments, may be prescribed by Provincial Ordinance. <Amended on Feb. 8, 2017; Aug. 9, 2017; Oct. 24, 2017; Mar. 16, 2021> |
| Article 418 (Special Cases concerning Industrial Sites and Development) |
| (2) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 17 (1) and (2), 19-2 (1), 21 (2), and 26 (3), the former part of Article 27 (2), Articles 37 (1), (2), and (5), 47 (1), and 48 of the Industrial Sites and Development Act concerning national industrial development projects performed by a project operator designated by the Minister of Land, Infrastructure and Transport at the time of formulating an industrial complex development plan under Article 6 of that Act and a project operator falling under Article 16 (1) 1 and 2 of that Act, shall become the Governor's inherent authority. |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 4 (4), the main clause of and proviso of Article 7 (1), the main clause of and proviso of Article 7-2 (1), Article 7-4 (1), the proviso of Article 7-4 (2), the main clause of and proviso of Article 8 (2), the former part of Article 18-2 (1), Articles 19 (1), 19-2 (1), 37 (4) and (5), 46-2 (3), 46-4 (2), and 46-6 (4) of the Industrial Sites and Development Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 419 (Special Cases concerning Implementation Plans, etc. Related to Harbor Construction Projects) |
| (1) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 17 (1), 18 (1) and (2), 19-2 (1), and 21 (2) and (3), the former part of Article 27 (2), Article 37 (1), (2), (4), and (5), the proviso of Article 37 (7), and Article 48 of the Industrial Sites and Development Act in relation to the implementation plans of harbor construction projects and harbor construction works, shall become the Governor's inherent authority. |
| Article 420 (Special Cases concerning Restitution of Development Gains) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 4 (3) (limited to reversion to Jeju Self-Governing Province), 7 (5), 14 (2), 15 (1) and (3), 16 (1) and (2), 18 (5), and 19 (2), the main clause of Article 20 (1), Article 20 (1) 5, (2), and (3), the main clause of Article 24, and Articles 25 (2) and 29 (2) of the Restitution of Development Gains Act, may be prescribed by Provincial Ordinance. [This Article Wholly Amended on Feb. 18, 2020]
| Article 421 (Special Cases concerning Urban Parks, Green Belts, etc.) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 6 (1) 8 and (3), 7 (1), 9 (5), 11 (4), 12 (3), 13 (2), and 14 (1), the provision, with the exception of the subparagraphs, of Article 14 (2), Articles 15 (2), 16-2 (3) 2 and (4), 17 (2), 18 (1), 19 (7), 20 (3), 21 (1) and (2), and 23 (3) and (4), the main clause and proviso, with the exception of the subparagraphs, of Article 24 (1), Article 24 (3), the former part of Article 24 (5), Article 26, the provision, with the exception of the items, of Article 27 (1) 1, Articles 27 (1) 4, (2), (3), and (5), 28 (2) and (3), 29 (3), and 30 (2), the latter part of Article 30 (3), Article 30 (4), the main clause, with the exception of the subparagraphs, of Article 31 (2), Articles 31 (2) 1, 36 (2), and 37, the main clause and proviso, with the exception of the subparagraphs, of Article 38 (1), Articles 38 (3), 40 (1), and 44 (2), the main clause of Article 45, the provision, with the exception of the subparagraphs, of Article 46 (1), and Articles 49 (1) 6 and 51 (2) of the Act on Urban Parks and Green Areas may be prescribed by Provincial Ordinance. |
| Article 422 (Special Cases concerning Management of Landscape) |
| (1) | The Governor may formulate and implement a landscape management plan, considering the geographical traits, unique life style, and habitats of Jeju Self-Governing Province, to develop distinctive landscape for each area and utilize the landscape as tourist resources. |
| (2) | Matters necessary for formulating and implementing a landscape management plan under paragraph (1), and other relevant matters, shall be prescribed by Provincial Ordinance. |
| Article 423 (Special Cases concerning Housing Construction Projects) |
| (2) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 8 (1), 10 (1) and (2), 14 (1), 15 (1) and (6), 49 (1), 65 (2), 93 (1), and 96 of the Housing Act, shall become the Governor's inherent authority. <Amended on Jan. 19, 2016> |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the former parts of Article 5 (1), (2), and (3), Articles 5 (4), 8 (2), and 10 (1) and (2), the main clause of Article 11 (7), Article 14 (3), the main clause and proviso, with the exception of the subparagraphs, of Article 15 (1), the provisos to Articles 15 (4) and 16 (1), Articles 16 (2), 19 (5), and 31 (1), the main clause and proviso, with the exception of the subparagraphs, of Article 31 (3), the provision, with the exception of the subparagraphs, of Article 35 (1) (limited to standards for installing welfare facilities referred to in Article 35 (1) 4), the main clause of Article 49 (1), the provision, with the exception of the subparagraphs, of Article 49 (3), the proviso of Article 49 (4), the provision, with the exception of the subparagraphs, of Article 60 (2), Articles 60 (3), 66 (1) and (2), 92, and 106 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Housing Act, may be prescribed by Provincial Ordinance. <Amended on Jan. 19, 2016> |
| Article 424 (Special Cases concerning Registration, etc. of Construction Business) |
The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 9 (1), (2), and (4), 9-2 (1) and (2), 11 (2), 13 (3), 17 (1), 20-2 (1) and (2), 49 (1) through (3), 81 (limited to orders or directions to be issued under devolved authority), 82 (limited to the suspension of business or imposition of administrative fines under devolved authority), 82-2 (limited to the suspension of business, imposition of administrative fines, or cancellation of registration under devolved authority), 83 (limited to the cancellation of registration or suspension of business under devolved authority), 85-2 (3), 85-3, 86 (limited to hearings held under devolved authority), 92 (limited to the payment of fees to be collected under devolved authority), and 101 (limited to the imposition and collection of administrative fines under devolved authority) of the Framework Act on the Construction Industry, shall become the Governor's inherent authority.
| Article 425 (Special Cases concerning Aggregate Extraction) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 21 (1), the former part of Article 21-2 (1), Article 21-2 (2) and (3), the main clause, with the exception of the subparagraphs, of Article 22 (1), Article 22 (1) 2 and (4), the latter part of Article 23 (2), Article 24, the proviso of Article 25, the main clause, with the exception of the subparagraphs, of Article 29 (2), Articles 29 (2) 3, (5), and (8), and 34 (1) 3 and (3), the proviso of Article 34 (4), Articles 34 (5) through (7), and 34-2 (1), (2), and (5), the proviso of Article 34-2 (6), and Article 34-3 (4) of the Aggregate Extraction Act, may be prescribed by Provincial Ordinance.
| Article 426 (Special Cases concerning Management of Construction Machinery) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the proviso of Article 4 (1), Articles 4 (2), 5 (1), (4), and (5), 6 (4) and (11), 7 (1) and (2), 8 (1), and 8-2 (2) and (3), the main clause, with the exception of the subparagraphs, of Article 9, subparagraph 2 of Article 9, the provision, with the exception of the subparagraphs, of Article 13 (1) (limited to the Governor’s authority over occasional inspections), Articles 13 (7) and (8), 15 (2) and (3), 16-2, 21 (1) through (3), 22 (3), 24 (1), 24-2, and 25 (1), the provision, with the exception of the subparagraphs, of Article 25 (2), Articles 25 (4), 25-3 (3), and 34-2 (1) through (3), the provision, with the exception of the subparagraphs, of Article 37 (1) (limited to the imposition and collection of fees under devolved authority), and Article 44 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Construction Machinery Management Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 426-2 (Special Cases concerning Reporting on Real Estate Transactions, etc.) |
[This Article Newly Inserted on Jan. 19, 2016]
| Article 427 (Special Cases concerning Passenger Transport Service) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Articles 4 (1) and (3), 8 (1), 9 (1), 10 (1) and (5), 13 (1), 14 (1), (2), and (4), 15 (1), 16 (1), 19 (2), 85 (1) (limited to revocation, orders, etc. imposed under devolved authority), 86 (limited to hearings held under devolved authority), 88 (1) and (3) (limited to penalty surcharges imposed under devolved authority), and 94 (5) (limited to the imposition and collection of administrative fines under devolved authority) of the Passenger Transport Service Act, shall become the Governor's inherent authority. <Amended on Mar. 21, 2017> |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 4 (1) and (3) and 5 (1) 2 and 3 and (5), the former part of Article 8 (2), Articles 8 (5) and 9 (4), the proviso of Article 10 (1), the proviso of Article 10 (2), Article 10 (5) 4 and (6), the former part of Article 11, Article 14 (1), (2), and (4), the main clause of Article 16 (1), Articles 16 (2), 17, and 19 (1), the provision, with the exception of the subparagraphs, of Article 19 (2), Articles 19 (2) 3, 20 (2), (3), and (5), 21 (1) and (13), and 24 (2), the provision, with the exception of the subparagraphs, of Article 24 (4), Articles 25 (1) and 26 (1) 7 and 8, Articles 29, 30, and 31 (4), the proviso of Article 34 (2), Article 36 (1), the latter part of Article 38 (1), Articles 38 (2), 40 (4), and 41 (4), the proviso of Article 43 (1), Article 45 (2), the proviso of Article 46 (1), the main clause of Article 80, Article 84 (1), the main clause, with the exception of the subparagraphs, of Article 84 (2), Article 84 (2) 2 and (4), the main clause, with the exception of the subparagraphs, of Article 85 (1), Article 85 (2) and (3), the provision, with the exception of the subparagraphs, of Article 85 (4), and Article 88 (2), (4) 1, (5), and (6) of the Passenger Transport Service Act, may be prescribed by Provincial Ordinance. <Amended on Mar. 21, 2017; Dec. 10, 2019> |
| Article 427-2 (Special Cases concerning Formulation of Supply and Demand Control Plan for Car Rental Business) |
| (1) | If necessary to control supply and demand for car rental business prescribed in the Passenger Transport Service Act in areas under his or her jurisdiction, the Governor may formulate a supply and demand control plan for car rental business (hereinafter in this Article, referred to as “supply and demand control plan”), subject to deliberation by the committee on supply and demand control for car rental business established pursuant to paragraph (2). |
| (2) | To deliberate on the supply and demand control plan formulated under paragraph (1), a committee on supply and demand control for car rental business (hereafter in this Article, referred to as the “committee on supply and demand control”) shall be established under the jurisdiction of the Governor. |
| (3) | The Governor may restrict registration of car rental businesses for a period not exceeding three years under the supply and demand control plan: Provided, That such restriction may be extended through identical procedures on a two-yearly basis, if necessary. |
| (4) | Matters necessary for formulating the supply and demand control plan, organizing and operating the committee on supply and demand control, procedures, etc. for controlling supply and demand shall be prescribed by Provincial Ordinance. |
[This Article Newly Inserted on Mar. 20, 2018]
| Article 428 (Special Cases concerning Management of Motor Vehicles) |
| (1) | A person who files an application for registration for new acquisition, change, or transfer of a motor vehicle under Articles 8, 11, and 12 of the Motor Vehicle Management Act, shall submit to the Governor a document (hereafter in this Article, referred to as "garage certificate") evidencing that he or she has a garage for the motor vehicle (referring to a place suitable for the storage of a motor vehicle, including a parking lot, parking facility, and open space; hereinafter the same shall apply). |
| (3) | A person who has registered the new acquisition, change, or transfer of a motor vehicle under paragraph (1) shall report the change of the garage to the Governor, as prescribed by Provincial Ordinance, if any changes are made to the garage different from that registered. |
| (4) | In receipt of a report under paragraph (3), the Governor shall review the details thereof and, if such report conforms to the guidelines for securing a garage under this Act, shall accept the report. <Newly Inserted on Dec. 22, 2020> |
| (5) | The Governor may issue an order to secure a garage (hereinafter referred to as "order to secure a garage"), as prescribed by Provincial Ordinance, if the person who has registered the new acquisition, change, or transfer of a motor vehicle under paragraph (1) falls under any of the following cases: <Amended on Dec. 22, 2020> |
| 1. | If the registered garage no longer exists; |
| 2. | If the registered garage becomes unsuitable as a garage; |
| 3. | If the registered garage is used for any other purpose. |
| (6) | The Governor may keep the custody of the number plate of the motor vehicle under Article 10 of the Motor Vehicle Management Act against any person who fails to comply with an order to secure a garage. <Amended on Dec. 22, 2020> |
| (7) | The types of motor vehicles for which a garage certificate shall be submitted under paragraph (1), the subject areas, the guidelines and method for securing a garage, procedures for confirmation, etc., shall be prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020> |
| (8) | The authority of the Minister of Land, Infrastructure and Transport bestowed under Article 47 (1) and (2) of the Motor Vehicle Management Act, shall become the Governor's inherent authority: Provided, That matters related to the official approval for taximeters shall be excluded. <Amended on Dec. 22, 2020> |
| (9) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Articles 29 (4) (limited to matters regarding installation of the maximum speed limit system for motor vehicles for car rental business under the Passenger Transport Service Act), 47 (1) and (2) (limited to the Governor's authority), the main clause and the proviso of Article 53 (1), Articles 53 (2) and 55 (1), the provisions, with the exception of the subparagraphs, of Article 56 (1), Article 56 (1) 4, the provisions, with the exception of the subparagraphs, of Article 58 (1), Articles 58 (4) 6 and 7 and 58 (5) and (7), and 58-2 (1) and (3), the proviso of Article 60 (1), Articles 60 (2) and (4), 62, 65 (1) and (2), 66 (6) (limited to matters under paragraph (1) of that Article), and 67 (1) of the Motor Vehicle Management Act may be prescribed by Provincial Ordinance. <Amended on Dec. 22, 2020; Jul. 11, 2023> |
| (10) | Deleted. <Jul. 11, 2023> |
| Article 429 (Special Cases concerning Trucking Transport Business) |
| (3) | Matters to be prescribed by Presidential Decree under Article 3 (9) of the Trucking Transport Business Act may be prescribed by Provincial Ordinance, following consultation with the Minister of Land, Infrastructure and Transport. <Amended on Mar. 21, 2017> |
| (4) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 5 (2) and (5) of the Trucking Transport Business Act, may be prescribed by Provincial Ordinance if the trucking business entities provide services within Jeju Self-Governing Province. <Amended on Mar. 21, 2017> |
| (5) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the former part of Article 55 (1) of the Trucking Transport Business Act, may be prescribed by Provincial Ordinance. <Amended on Mar. 21, 2017> |
| Article 430 (Special Cases concerning Urban Traffic Improvement) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport, the Minister of the Interior and Safety, and the heads of central administrative agencies bestowed under Articles 3, 4, 5 (7), 6 (1) and (2), 9 (2), 10 (1), and 13 (1) and (2) of the Urban Traffic Improvement Promotion Act, shall become the Governor's inherent authority. <Amended on Jul. 26, 2017> |
| Article 431 (Special Cases concerning Tramway) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under Article 4 (4) and (6), the proviso of Article 5 (1), Articles 5 (3) and (5), 7 (3), 8 (3), 9 (2), and 10 (1), the main clause of Article 11 (1), Articles 12 (3) and 13 (2), the provision, with the exception of the subparagraphs, of Article 18, Articles 19 (4) and (5), 20, 21, 22 (2) and (3), 24, 25 (1) and (2), 26, 30 (4), 31, and 34 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Tramway Transportation Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 432 (Special Cases concerning Restriction on Operation of Motor Vehicles) |
| (2) | Notwithstanding Article 25 (1) of the Motor Vehicle Management Act and relevant statutes thereunder, if the Governor intends to restrict the operation of motor vehicles pursuant to paragraph (1), he or she shall consult with the commissioner of the competent City/Do police agency, but need not undergo deliberation thereon by the State Council. <Amended on Dec. 22, 2020> |
| Article 433 (Special Cases concerning Installation and Management of Parking Facilities) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Land, Infrastructure and Transport under the former part of Article 12 (1), Article 19 (11), the main clause of Article 19-2, Articles 20 (2) (limited to Presidential Decree where permission to occupy or consultation to change land form and quality is deemed granted or completed, respectively, under the relevant statutes prescribed by Presidential Decree), 21 (1) (limited to where a local government fully or partially subsidizes expenses incurred in establishing off-road parking lots), 23 (3), and 25 (3) of the Parking Lot Act, may be prescribed by Provincial Ordinance.
| Article 433-2 (Special Cases concerning Management of Off-Road Parking Lots Established following Implementation of Complex Development Projects) |
| (2) | A person who manages an off-road parking lot under paragraph (1) shall install signs (including markings for an exclusive parking area) necessary to facilitate the convenience of users of the parking lot. |
| (3) | The types and forms of signs under paragraph (2), and other matters necessary for the installation of signs may be prescribed by Provincial Ordinance. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 434 (Special Cases concerning Traffic Safety and Facilities) |
| (1) | The authority of the commissioner of a City/Do police agency or the chief of a police station bestowed under Articles 10 (1), 13 (4) 5, and 14 (1), the proviso of Article 14 (2), Articles 18 (2) and 22 (3) 4, the proviso of Article 25 (2), Article 28 (1), the proviso of Article 28 (2), Article 31 (1) 5 and (2) 2, subparagraph 7 of Article 32, subparagraph 3 of Article 33, and Article 34-2 of the Road Traffic Act, shall become the Governor's inherent authority. <Amended on Dec. 10, 2019; Dec. 22, 2020> |
| (2) | Where the road management agency referred to in Article 70 of the Road Traffic Act is the Governor, he or she may take measures necessary for ensuring road safety and smooth traffic flows. |
| (3) | Matters to be prescribed by Presidential Decree, Ordinance of the Ministry of the Interior and Safety, Joint Ordinance of the Ministry of Education, the Ministry of the Interior and Safety, and the Ministry of Land, Infrastructure and Transport, or Joint Ordinance of the Ministry of Health and Welfare, the Ministry of the Interior and Safety, and the Ministry of Land, Infrastructure and Transport under Articles 3 (4) and (5), 12 (1) 2 and (2), 12-2 (1) 1 and 4, and 12-2 (2), 15 (2), 35 (1) 2, (4), and (5), and 50 (4) of the Road Traffic Act may be prescribed by Provincial Ordinance: Provided, That matters concerning the speed restriction within a children protection zone, senior protection zone, or protection zone of the disabled pursuant to Articles 12 and 12-2 of the Road Traffic Act, shall be excluded herefrom. <Amended on Jul. 26, 2017; Jul. 11, 2023> |
| (4) | Notwithstanding Article 147 (1) of the Road Traffic Act, the Governor shall not entrust any of the following authority to the commissioner of a City/Do police agency or the chief of a police station: <Amended on Dec. 22, 2020> |
| (5) | The Commissioner of the Jeju Special Self-Governing Provincial Police Agency may operate traffic safety facilities, such as traffic signals and safety signs, from the time the relevant grounds arise until such grounds cease, if necessary to perform guard duty, security guard duty, or any urgent mission. <Amended on Dec. 22, 2020> |
| (6) | When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, the Governor may prohibit or restrict the traffic of pedestrians, motor vehicles, horses, or trams by designating a section in consultation with the Commissioner of the Jeju Special Self-Governing Provincial Police Agency, notwithstanding Article 6 (1) through (3) of the Road Traffic Act, and in such cases, he or she shall publicly announce such fact, as prescribed by Provincial Ordinance: Provided, That where the Commissioner of the Jeju Special Self-Governing Provincial Police Agency or the chief of a police station performs guard duty, security guard duty, or other urgent duties, he or she may prohibit or restrict the traffic of pedestrians, motor vehicles, horses, or trams in precedence over the Governor. <Amended on Mar. 27, 2018; Dec. 22, 2020> |
| Article 435 (Deliberative Committee on Traffic Facilities) |
| (1) | A Jeju Provincial Deliberative Committee on Traffic Facilities (hereafter in this Article, referred to as the "Deliberative Committee on Traffic Facilities") shall be established under the jurisdiction of the Governor to ensure safe and smooth traffic flows. |
| (2) | The Deliberative Committee on Traffic Facilities shall be comprised of between six and ten members, including one chairperson; and the members shall be appointed or commissioned by the Governor from among public officials performing traffic-related duties or persons with abundant knowledge of and experience in traffic. In such cases, non-public official members shall constitute a majority of the total members. |
| (3) | The chairperson of the Deliberative Committee on Traffic Facilities shall be elected from among, and by, the non-public official members. |
| (4) | The Deliberative Committee on Traffic Facilities shall deliberate on the following matters (where it deliberates on any matter referred to in subparagraphs 1 through 4, the relevant matter shall be excluded from deliberation in cases prescribed by Provincial Ordinance such as where it has been subject to deliberation under other statutes). In such cases, it shall first seek an opinion from the Commissioner of the Jeju Special Self-Governing Provincial Police Agency: <Amended on Dec. 10, 2019; Dec. 22, 2020> |
| 1. | New installation and relocation of pedestrian crossing zones; |
| 2. | New installation and relocation of signals; |
| 3. | Permission for, and abolition of, broken lines for left turns or U-turns at the median line; |
| 4. | Designation and abolition of one-way streets and changeable vehicular roads; |
| 5. | Other matters deemed to require deliberation for traffic safety and smooth traffic flows by the Governor or the Commissioner of the Jeju Special Self-Governing Provincial Police Agency. |
| (5) | The Governor shall notify the Commissioner of the Jeju Special Self-Governing Provincial Police Agency of the matters deliberated upon by the Deliberative Committee on the Traffic Facilities, without delay; and the Commissioner of the Jeju Special Self-Governing Provincial Police Agency may request the Governor to take necessary measures, if necessary for ensuring traffic safety and smooth traffic flows. <Amended on Dec. 22, 2020> |
| (6) | Matters necessary for the organization, management, etc. of the Deliberative Committee on Traffic Facilities shall be prescribed by Provincial Ordinance. |
| Article 436 (Special Cases concerning Local Plans for Coast Management, etc.) |
Notwithstanding Article 9 (4) and (5) of the Coast Management Act, the Governor may formulate a local plan for coast management under Articles 9 (1) and (2) and 10 of that Act without approval from the Minister of Oceans and Fisheries or deliberation by the Central Committee for Deliberation on Coast Management.
| Article 437 (Special Cases concerning Coast Management) |
| (1) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 5 (1) through (5), 6 (1) through (3), 8 (1) (in such cases, "Official Gazette" shall be construed as "official report"), 9 (3), 12 (1) and (2), 13 (2) through (4), 18 (1), and 21 (1) through (3), subparagraph 5 of Article 22, Article 23 (1) and (2), the main clause of Article 24 (1), the proviso of Article 24 (2), Articles 24 (3) and (4) 1, 25, 26 (1) and (2), 27, 28 (3), 34 (1) through (3), 35, 36, and 39 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Coast Management Act, shall become the Governor's inherent authority. In such cases, deliberation need not be made by the Central Committee for Deliberation on Coast Management under Articles 6 (1) and 21 (2) of that Act. |
| (2) | Whenever the Governor formulates a coast maintenance master plan pursuant to paragraph (1), he or she shall first submit the relevant case for deliberation by a local deliberative committee on coast management established under Article 31 of the Coast Management Act. |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Articles 5 (6), 7 (1) 8, 8 (3), and 9 (4), the provisos to Article 12 (4) and (5), Articles 18 (2) and 19 (1) 1 (g), 2 (f), and 3 (f) and (3), the main clause of Article 20, the proviso of Article 23 (3), the proviso of Article 24 (1), the main clause, with the exception of the subparagraphs, of Article 24 (2), Articles 24 (2) 1 and 4, 24 (5), and 25 (1), the proviso of Article 25 (3), Articles 33 (2), 34 (4), and 36 (3), and the provision, with the exception of the subparagraphs, of Article 39 (1) (limited to the imposition and collection of administrative fines under devolved authority) of the Coast Management Act, may be prescribed by Provincial Ordinance. |
| Article 438 (Special Cases concerning Management and Reclamation of Public Waters) |
| (3) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 28 (1) 1 and 2 and (4), 33, 34, 35 (1), (3), and (5), 36 through 38, 39 (3), 45, 48, 49, 50 (2), 51 through 54, and 56 through 58 of the Public Waters Management and Reclamation Act concerning reclamation of public waters within the harbor area of an international trade harbor under Article 3 (1) 1 of the Harbor Act, shall become the Governor's inherent authority. |
| (4) | The authority of the Minister of Oceans and Fisheries bestowed under Article 6 (2) (limited to matters related to the methods for confirming whether the derelict ships, etc. fall under each subparagraph of Article 6 (1) of that Act), Articles 22 (1) and (3), 23 (1) through (6), 25 (3), 26 (1), and 27 (1), the former part of Article 27 (2), Articles 28 (1) 1 and 2 and (2), the proviso of Article 35 (2), and Article 37 of the Public Waters Management and Reclamation Act, shall become the Governor's inherent authority. |
| (5) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under subparagraph 1 of Article 5, the main clause of Article 6 (1), the provision, with the exception of the subparagraphs, of Article 6 (3), Article 6 (4) and (5), the provision, with the exception of the subparagraphs, of Article 6 (6), Article 6 (7), the main clause, with the exception of the subparagraphs, of Article 8 (1), Article 8 (1) 4, the proviso of Article 8 (1) 5, Article 8 (3), (4), and (6), the main clause of Article 9, Article 10 (2), the main clause, with the exception of the subparagraphs, of Article 12, subparagraph 2 of Article 12, the main clause and proviso, with the exception of the subparagraphs, of Article 13 (1), Article 13 (1) 1 and 10, the former and latter parts of Article 13 (6), Article 14, the former and latter parts of Article 15 (1), Article 16 (1) and (2), the former and latter parts of Article 17 (1), the latter part of Article 17 (3), Articles 17 (4), (5), and (6), 18 (1), (2), (3) (excluding matters concerning the certificate of confirmation of completion inspection, authorized to be prescribed by Ordinance of the Ministry of Oceans and Fisheries), and (4), 19 (2), and 21 (4) and (5), the provision, with the exception of the subparagraphs, of Article 21 (6), Articles 21 (7) and 23 (2), the latter part of Article 23 (4), Articles 24 (1) 5, 25 (3), and 26 (4), the provision, with the exception of the subparagraphs, of Article 28 (1), the proviso of Article 28 (7), Articles 28 (8), 29, 30 (1) 4 and (3), 32 (1) and (3), and 33, the main clause, with the exception of the subparagraphs, of Article 34, subparagraph 1 of Article 34, the proviso of Article 35 (2), Article 36 (1), the former part of Article 37, the former part of Article 38 (1), the proviso of Article 38 (3), Articles 38 (5) and 43 (1) and (2), the proviso of Article 44 (1), Articles 45 (1) and (2), 46 (1) 1 and 3, and 46 (2) and (4), the proviso of Article 48 (1), Article 48 (2) and (3), the provision, with the exception of the subparagraphs, of Article 49 (1), Articles 49 (2), (4), and (5), 51, 52 (1) 2 and (2), 53 (3), and 54 (4), the main clause of and the proviso of Article 54 (9), Articles 54 (10), 55 (6), 56 (1), and 57 (3) of the Public Waters Management and Reclamation Act, may be prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| Article 439 (Special Cases concerning Management and Operation of Harbors) |
| (1) | Notwithstanding Article 4 (3) and (4) of the Harbor Act, a Jeju Self-Governing Province Harbor Policy Council shall be established under the jurisdiction of the Governor to deliberate on the delegated matters belonging to the Central Harbor Policy Council established under Article 4 (1) of that Act and matters concerning the development, management, and operation of harbors under the jurisdiction of Jeju Self-Governing Province, but matters necessary for the composition, functions, operation, etc. of the Council shall be prescribed by Provincial Ordinance. |
| (3) | The authority of the Minister of Oceans and Fisheries bestowed under subparagraph 5 of Article 2, the proviso of Article 7 (3), Articles 9, 10 (2), (4), (5), and (7), 12 (1) through (3), the proviso of Article 12 (5), Articles 12 (6), 13 through 15, 21 through 23, 25 (1), 31 (1), 33 (1), 34, 41 through 43, 82, 83 (limited to dispositions or measures against violations of statutes related to devolved authority) through 89, 93 through 95, 100 (limited to hearings held under devolved authority), 101, 105, and 113 (2) (limited to the imposition and collection of administrative fines under devolved authority) of the Harbor Act, shall become the Governor's inherent authority. <Amended on Jan. 29, 2020> |
| (4) | Notwithstanding Article 25 (2) of the Harbor Act, a license to manage harbor facilities or the establishment, alteration, extinguishment, and restriction on the disposal of a mortgage on such license shall take effect upon being registered in the register of licenses to manage harbor facilities prepared and kept by Jeju Self-Governing Province. <Amended on Jan. 29, 2020> |
| (5) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Articles 10 (5) and 25 (3), the former part of Article 41 (1), the proviso of Article 42 (1), Articles 42 (2), 43 (4), and 83 (3), the main clause of and proviso of Article 86 (1), Articles 86 (2), 87 (7), and 105 (limited to where the Governor has the authority over permission, registration, or reporting) of the Harbor Act, may be prescribed by Provincial Ordinance. <Amended on Jan. 29, 2020> |
| (6) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 23, 24, 26, 27, and 30 (1) and (3) of the Act on the Arrival, Departure, etc. of Ships, shall become the Governor's inherent authority. |
| Article 440 (Special Cases concerning Harbor Transport Business) |
| (1) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 4 (1) and 5, the proviso of Article 6, Articles 7, 10 (1) through (3) and (7), 26 (1), 26-3 (1), 26-5 (1), 27-2 (1), 27-6, and 29-3 (limited to hearings held under devolved authority) of the Harbor Transport Business Act, shall become the Governor's inherent authority: Provided, That the authority over appraisal business and quantity inspection business among harbor transport business classified under Article 3 of the Harbor Transport Business Act, shall be excluded herefrom. <Amended on Dec. 27, 2016; Dec. 10, 2019> |
| (2) | Deleted. <Dec. 27, 2016> |
| (3) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of Oceans and Fisheries under Article 5 (1) and (2), the main clause of Article 6, the former parts of Article 10 (1), (2), and (3), Article 26 (2), the main clause of Article 26-3 (1), Article 26-3 (2), (3), and (7), Articles 26-5 (2), 27-2 (4), 27-6 (2), and 28 (excluding matters concerning the qualifying tests and registration fees of tallymen, appraisers, or weighmen under Article 7 (1) of the Harbor Transport Business Act) of the Harbor Transport Business Act, may be prescribed by Provincial Ordinance: Provided, That matters concerning tallying business and weighing business among harbor transport business classified under Article 3 of the Harbor Transport Business Act, shall be excluded herefrom. <Amended on Dec. 27, 2016; Dec. 10, 2019> |
| Article 441 (Special Cases concerning Development of Marine Fishery) |
| Article 442 (Special Cases concerning Marine Passenger Transportation Service) |
| (1) | The authority of the Minister of Oceans and Fisheries bestowed under Articles 4, 5, 11 (1), 12 (1) and (4), 13 (2), 14 (excluding subparagraph 8), 15 (1) through (6), 16 (1) through (3), 18 (1), 19 (1), (2), and (4), 50 (1) and (2), 51 (limited to hearings held under devolved authority), and 59 (4) (limited to the imposition and collection of administrative fines under devolved authority) of the Marine Transportation Act, shall become the Governor's inherent authority. <Amended on Mar. 21, 2017> |
| (2) | Jeju Self-Governing Province shall bear any deficit incurred as a result of designation and operation of a subsidized service route pursuant to Article 15 of the Marine Transportation Act, as well as the loss incurred due to an order to operate passenger ships on a subsidized service route or cancellation of such order pursuant to Article 16 of that Act: Provided, That the State may partially subsidize the indemnity for such loss, within budgetary limits, upon request by the Governor. |
| Article 443 (Designation of Special Zones for Ship Registration) |
| (2) | Ships with any of the trade ports under paragraph (1) as their port of shipment, among ships registered with the Minister of Oceans and Fisheries under Article 4 of the International Ship Registration Act, and foreign ships prescribed by Presidential Decree, are entitled to exemption from acquisition tax, property tax, local resource facility tax prescribed in Article 146 (3) of the Local Tax Act, local education tax, and special rural development tax, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, and the Act on Special Rural Development Tax. <Amended on Dec. 31, 2019> |
| (3) | Matters necessary for designating and managing special zones for ship registration, shall be prescribed by Presidential Decree. |
CHAPTER VIII PROTECTION OF CONSUMERS AND REINFORCEMENT OF FIRE SERVICES AND SAFETY
SECTION 1 Protection of Consumers
| Article 444 (Special Cases concerning Price Stabilization) |
| (1) | The authority of the competent Minister bestowed under Article 16 (1) of the Price Stabilization Act (limited to the extent necessary for the crackdown on cornering and hoarding practices under Article 7 of that Act) shall become the inherent authority of the competent Minister or the Governor. <Amended on Feb. 18, 2020> |
| (2) | Notwithstanding Article 9 of the Price Stabilization Act, the competent Minister or the Governor shall order a business owner who has engaged in a cornering and hoarding practice under Article 7 of that Act to correct or suspend such practice. |
| (4) | Matters to be prescribed by Presidential Decree under Articles 3, 16 (1) (limited to verification as to whether an order to post prices issued under Article 3 of the Price Stabilization Act, is complied with and the extent necessary for the crackdown on cornering and hoarding practices under Article 7 of that Act), and 29 (2) (limited to the imposition and collection of administrative fines under devolved authority) of that Act, may be prescribed by Provincial Ordinance: Provided, That the criteria for imposing administrative fines shall be determined in consultation with the competent Minister. |
| Article 445 (Special Cases concerning Orders of Collection and Destruction of Dangerous Things) |
| (1) | Notwithstanding Article 50 (1) of the Framework Act on Consumers, the Governor may order collection, destruction, repair, exchange, refund, or prohibition of manufacture, import, or sale of the relevant thing, or prohibition of supply of the relevant service in accordance with the procedures prescribed by Provincial Ordinance, or order the improvement of the facility related to the relevant thing or service or order to take other necessary measures, where it is recognized that the lives and bodies of consumers and the safety of their property are harmed or likely to be harmed due to any defect in the relevant thing or service supplied by a business entity: Provided, That where it is recognized that immediate and substantial harm to the life, body, and property of a consumer occurs or is likely to occur and where it is inevitable to prevent such occurrence or spreading of the harm, such procedures may be omitted. |
| (2) | Where the relevant business entity fails to comply with an order provided for in paragraph (1), the Governor may directly take necessary measures, such as collection and destruction of the relevant thing, and prohibition of supply of the relevant service, as prescribed by Provincial Ordinance. |
| Article 446 (Special Cases concerning Inspections, Submission of Data) |
Notwithstanding Article 77 (1) of the Framework Act on Consumers, the Governor may, as prescribed by Provincial Ordinance, require the public officials under his or her jurisdiction to inspect the goods, facilities, and manufacturing process, or other things of the business entity, or require the business entity to report on his or her business, or to submit relevant things, papers, etc., in any of the following circumstances:
| Article 447 (Special Cases concerning Obligation to Report Information on Defects) |
| Article 448 (Special Cases concerning Establishment of Consumer Cooperatives) |
| Article 449 (Special Cases concerning Control of Public Toilets) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under subparagraphs 16 and 17 of Article 3, Article 5, the proviso of Article 7 (1), Article 7 (2), the former part of Article 7 (3), Articles 7, 7-2 (1), 8 (1) and (3), 9 (2), 15 (2), and 19 of the Public Toilets Act may be prescribed by Provincial Ordinance. <Amended on Jul. 26, 2017; Jul. 11, 2023>
| Article 450 (Special Cases concerning Use of Bicycles) |
Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under the former and latter parts of Article 5 (1), the former parts of Articles 6 and 7 (1), the proviso of Article 11 (2), Article 11 (3), the main clause of and proviso of Article 12, and Articles 13 (1), 20 (2), and 22 (1) of the Promotion of the Use of Bicycles Act, may be prescribed by Provincial Ordinance. <Amended on Jul. 26, 2017>
| Article 451 (Special Cases concerning Control of Outdoor Advertisements) |
| (1) | The authority of the Minister of the Interior and Safety bestowed under Article 6 (1) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry, shall become the Governor's inherent authority. <Amended on Jan. 6, 2016; Jul. 26, 2017> |
| (2) | Matters to be prescribed by Presidential Decree under the former part of Article 3 (1), Articles 3 (1) 5 and 6 and (3), and 4 (1) and (2), the main clause of and proviso of Article 6 (2), Article 7 (3), the former and latter parts of Article 9 (1), Articles 9 (2) and (3), and 10-2 (3), the main clause of Article 10-3 (1), Articles 11 (2) and 12 (1), (4), and (5), the main clause, with the exception of the subparagraphs, of Article 14, and Article 20 (3) (limited to the imposition and collection of administrative fines under devolved authority) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry, may be prescribed by Provincial Ordinance. <Amended on Jan. 6, 2016> |
| Article 452 (Special Cases concerning Reporting on Current Status of Administrative Vicarious Execution) |
SECTION 2 Reinforcement of Fire Services and Safety
| Article 453 (Special Cases concerning Fire Services) |
| (2) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under Articles 3 (1), 8 (1), 10 (3) (limited to signs of fire extinguishing water, among the criteria for installation of fire extinguishing water supply systems), and Article 18 (3) and (5) of the Act on Fire Prevention and Safety Control may be prescribed by Provincial Ordinance: Provided, That criteria for equipment necessary for rescue units and first-aid services shall be separately prescribed by the Commissioner General of the National Fire Agency. <Amended on Jul. 26, 2017; Dec. 10, 2019; Jul. 11, 2023> |
| Article 454 (Special Cases concerning Installation of Firefighting System and Management of Firefighting Technologies) |
| (1) | Matters to be prescribed by Presidential Decree or Ordinance of the Ministry of the Interior and Safety under Articles 6 (limited to Ordinance of the Ministry of the Interior and Safety stipulating procedures for reporting on changes of registered matters), 7 (1) and (2), 8 (4), 13 (1) (limited to procedures for reporting on commencement of installation of firefighting systems prescribed by Ordinance of the Ministry of the Interior and Safety), 14 (4), the former part of Article 17 (2), Articles 19 (3), 20, and 25 of the Firefighting System Installation Business Act may be prescribed by Provincial Ordinance. <Amended on Jul. 11, 2023> |
| (2) | Matters to be prescribed by Presidential Decree under Article 18 (2) 2 and (3) (limited to local committees) of the Act on Installation and Management of Firefighting Systems may be prescribed by Provincial Ordinance. <Amended on Nov. 30, 2021> |
| Article 455 (Special Cases concerning Handling and Safety Control of Hazardous Substances) |
| Article 456 (Special Cases concerning Safety Control of Publicly Used Establishments) |
| Article 457 (Special Cases concerning Installation, Maintenance, and Safety Control of Firefighting Systems) |
| (1) | The Governor may have a multi-family house defined in Article 2 (2) 2 of the Building Act (excluding apartments and dormitories; hereinafter the same shall apply) or facilities for resort pension business registered pursuant to Article 251 (1) (hereinafter referred to as "resort pension") be equipped with firefighting systems, despite not being specific object of fire service defined in Article 2 (1) 3 of the Act on Installation and Management of Firefighting Systems. <Amended on Nov. 30, 2021> |
| (2) | The installation of firefighting systems in a multi-family house or a resort pension pursuant to paragraph (1) shall comply with the standards prescribed by Provincial Ordinance. In such cases, the size, use, and number of persons to be accommodated in a multi-family house or a resort pension, shall be considered when prescribing a Provincial Ordinance. |
PART V SUPPLEMENTARY PROVISIONS
| Article 458 (Social Agreements) |
| (1) | The Governor shall provide support so that social agreements can be executed by field in order to set the basic direction for policies through autonomy and consensus, and to resolve social issues. |
| (2) | The Governor may organize and operate a social agreement committee, as prescribed by Provincial Ordinance, to consider opinions concerning the following matters related to the execution of social agreements by field, under paragraph (1): |
| 1. | The execution of social agreements by trade; |
| 2. | Matters for enhancement of residents' rights and the settlement of social conflicts; |
| 3. | Other matters submitted to a committee meeting, as deemed necessary by the Governor or the chairperson of the social agreement committee. |
| (3) | In executing social agreements, the Governor’s opinion shall be sought for matters accompanying a budget or relating to the restriction on the rights of, and imposition of obligation on residents. |
| (4) | The chairperson of the social agreement committee may recommend the Governor to implement matters on which social agreements are concluded or the social agreement committee mediates. |
| Article 459 (Overseas Cooperation) |
Jeju Self-Governing Province may cooperate and exchange with foreign local governments in the fields of economy, culture, education, science, technology, sports, environment, tourism, etc.
| Article 460 (Cooperation of Stated-Owned Enterprises) |
| (1) | The Governor may request public institutions, etc. provided for in the Act on the Management of Public Institutions (limited to institutions located in Jeju Self-Governing Province; hereinafter referred to as "State-owned enterprises") to cooperate in conducting his or her business affairs. In such cases, the State-owned enterprises shall cooperate therein, except in extenuating circumstances. |
| (2) | The Governor may organize and operate sectional development councils to promote cooperation with State-owned enterprises under paragraph (1). |
| (3) | Matters concerning the scope and cooperation of State-owned enterprises and the organization and operation of sectional development councils under paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
| Article 461 (Contributions to Development Center) |
| (1) | Jeju Self-Governing Province may contribute to or invest in the Development Center and a local public corporation incorporated under Article 49 of the Local Public Enterprises Act, to promote development projects, following a resolution by the Provincial Council. |
| (3) | The administrative property contributed or invested under paragraph (2) shall be valuated annually, as determined by Presidential Decree. |
| (4) | Notwithstanding Article 53 (2) of the Local Public Enterprises Act, Jeju Self-Governing Province may allow a person other than a local government to invest at least 1/2 of the capital, where Jeju Self-Governing Province invests in a local public corporation pursuant to paragraph (1), and the maximum limit of such investment shall be prescribed by Provincial Ordinance. The same shall also apply to the increase of capital. |
The Governor shall hold a hearing in any of the following cases: <Amended on Dec. 22, 2020; Jul. 11, 2023>
| 1. | To cancel the designation of an investment promotion zone under Article 163; |
| 2. | To cancel the permission of a casino business under Article 243 (5); |
| 3. | To cancel the registration of a resort pension business or approval of a business plan under Article 251 (9); |
| 4. | To cancel the designation of a tourist fishing ground designated under Article 253 (3); |
| 5. | To cancel permission to establish a foreign medical institution under Article 307 (5); |
| 6. | To cancel permission to develop and utilize groundwater, spring water, or saline groundwater or permission for revision thereof or to cancel permission to perform excavation that affects groundwater or permission for revision thereof under Article 380 (3); |
| 7. | To cancel authorization, approval, permission, registration, or designation under Article 463 (1). |
| Article 463 (Supervision) |
| (1) | The Governor may cancel authorization, approval, permission, registration, or designation granted or made under this Act, or suspend the validity thereof, issue an order to suspend the construction works; reconstruct, alter, relocate, or demolish a building or structure; or take other necessary measures, if a project operator or business entity provided for in this Act falls under any of the following cases: Provided, That authorization, approval, permission, registration, or designation shall be cancelled, in cases falling under subparagraph 1: |
| 1. | If a project implementer obtains authorization, approval, permission, registration, or designation under this Act by fraud or other improper means; |
| 2. | If it is impracticable to continue implementing a development project due to changes in circumstances, or if it is deemed that public interest may be substantially harmed. |
| (2) | The Governor shall publicly announce an order to take the measures under paragraph (1), as prescribed by Provincial Ordinance, whenever such order is issued. |
| Article 464 (Prevention of Prejudice to Public Official's Status) |
The public officials whose status is changed under this Act shall be appointed to the proper position based on his or her career, current duties, and previous position, and shall not be prejudiced in personnel management.
| Article 465 (Minimum Guidelines for Matters Subject to Enactment of Provincial Ordinances) |
| (1) | Where matters are authorized to be prescribed by Provincial Ordinance pursuant to Articles 364 (11), 367 (2), 369 (2), 370 (2), 371 (2), 372 (2), 373 (2), 374 (3), and 375 (2), no standards referred to in the subparagraphs of Article 32 (1) and 33 (3) of the Environmental Impact Assessment Act, Articles 19 (5) and (6), and 23 (1) and (7), subparagraph 12 of Article 54, and subparagraph 7 of Article 55 of the Wildlife Protection and Management Act, Articles 16 (1), 29 (3), and 32 (2), (4), and (5) of the Clean Air Conservation Act, Articles 7 (1), 21 (2), 24 (2), and 27 of the Noise and Vibration Control Act, Articles 12 (3), 32 (1) and (2), 53 (1) and (4), and 61 of the Water Environment Conservation Act, the main clause of Article 7 (1) and Article 40 (1), (2), and (4) of the Sewerage Act, Article 13 (1) of the Act on the Management and Use of Livestock Excreta, Articles 4-2, 15-3 (1), and 16 of the Soil Environment Conservation Act, and Articles 19, 29 (1) through (3), 30 (1) (limited to waste disposal facilities referred to in the former part of that paragraph), and 31 (1) through (4), and (7) through (9) of the Waste Control Act, shall be more lenient than the standards established under relevant statutes or regulations: Provided, That the standards referred to in Articles 4-2 and 16 of the Soil Environment Conservation Act may be lenient, following consultation with the Minister of Environment. <Amended on Jan. 17, 2017; Jul. 11, 2023> |
| (2) | Where matters are authorized to be prescribed by Provincial Ordinance pursuant to Articles 320 through 332, 334 through 337, 340, 454, and 455, no guidelines for various administrative dispositions thereunder shall be more lenient than the guidelines established under relevant statutes or no level of support shall be lowered. |
| Article 466 (Collection of Administrative Fines following Devolution of Authority) |
Where the authority of the head of a central administrative agency to impose and collect administrative fines, penalty surcharges, development charges, and surcharges (hereafter in this Article, referred to as "administrative fines, etc.") becomes the Governor's inherent authority under this Act, any delinquent administrative fines, etc. shall be collected in the same manner as delinquent local taxes are collected.
| Article 467 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
Non-public official member of the Supporting Committee, the Provincial Personnel Committee, and the Audit and Inspection Committee shall be deemed a public official for the purposes of penalty provisions prescribed under the Criminal Act and other Acts.
PART VI PENALTY PROVISIONS
| Article 468 (Penalty Provisions Applicable to Autonomous Police) |
| (1) | An autonomous police official who violates Article 24 (2) or 25 of the Police Officials Act, which shall apply mutatis mutandis under Article 119 hereof, or Article 50 (1) of the Local Public Officials Act in a time of war, warlike incident, or other similar emergency, or in the course of conducting operations, shall be punished by imprisonment with or without labor, for at least three years; and an autonomous police official who violates Articles 24 (1) and 25 of the Police Officials Act, which shall apply mutatis mutandis under Article 119 hereof, or Article 49 of the Local Public Officials Act, shall be punished by imprisonment with or without labor, for not exceeding seven years. <Amended on Dec. 22, 2020> |
| Article 469 (Penalty Provisions in Relation to Recall Elections) |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not exceeding five years, or by a fine not exceeding 30 million won: |
| 1. | A person who offers, expresses an intention to, or promises to offer money, goods, means of transportation, entertainment, other economic benefits, or a job, public or private, to a voter of a recall election (including those eligible for registration on a voters' list for recall elections; hereafter in this Article, the same shall apply) for the purpose of affecting the recall election; |
| 2. | A person who offers, or expresses an intention to, or promises to offer money, goods, or other economic benefits to a school or other public institution, social organization, religious organization, labor organization, youth organization, women's organization, senior citizens' organization, veterans' organization, clan organization, or any other institution, organization, or facility for the purpose of using it for a campaign for recall election; |
| 3. | A person who offers, or expresses an intention to, or promises to offer money, goods, food, or any other economic benefit to a picnic, alumni meeting, social meeting, fraternity gathering, mutual financing society, or any other gathering or event of residents in the constituency for the purpose of using it for a campaign for recall election; |
| 4. | A person who incites, solicits, abets, or aids any conduct provided for in subparagraphs 1 through 3; |
| 5. | A person who assaults, threatens, or illegally arrests or confines a voter of a recall election, or interferes with the freedom of the residents' recall election, by any improper means; |
| 6. | A person who opens a ballot box in violation of statutes, or removes, destroys, mutilates, hides, or seizes a ballot box (including an empty ballot box) or a voting paper in the ballot box; |
| 7. | A person who disseminates false information by means of speech, broadcasting, newspaper, telecommunications, magazine, poster, or propaganda document, or has a propaganda document containing false information in his or her possession for the purpose of affecting the result of a recall election; |
| 8. | A person who carries money or goods in a divided form to distribute to many voters of a recall election, such as wrapped gifts or envelopes containing money for the purpose of affecting the result of a recall election; |
| 9. | A person who is involved in the preparation of the voters' list of a recall election, and interferes with the inspection of such voters’ list or who neglects his or her duties related to such inspection abusing his or her power. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not exceeding three years, or by a fine not exceeding 10 million won: |
| 1. | A person who accepts an offer, or expression of an offer, of an economic benefit or a job, public or private, prescribed in paragraphs (2) 1 through 3; |
| 2. | A person who votes, or attempts to vote in a recall election by misrepresenting his or her name, forging or altering an identification certificate, or by other improper means; |
| 3. | A person who causes another person to register on a voters' list for the residents' recall election by fraud means; |
| 4. | A person who supports, recommends, or objects to any person who wishes to become a candidate for a public official election under the Public Official Election Act or for a specific political party, or engages in an activity constituting an election campaign using an opportunity to participate in the activities for requesting signatures or a voting campaign for a recall election. |
| (5) | Any of the following persons shall be punished by imprisonment with labor for not exceeding two years, or by a fine not exceeding five million won: |
| (6) | Any of the following persons shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding five million won: |
| Article 470 (Penalty Provisions Applicable to Immigration Control) |
| (1) | Any of the following persons who engage in a corresponding activity for profit-making purposes, shall be punished by imprisonment with or without labor, for not exceeding seven years, or by a fine not exceeding 50 million won: |
| 1. | A person who moves, or arranges to move, a group of foreigners elsewhere within the Republic of Korea, in violation of Article 199 (1); |
| 2. | A person who provides a ship, etc. or a passport to move a group of foreigners elsewhere within the Republic of Korea, in violation of Article 199 (2); |
| 3. | A person who hides a group of foreigners who has moved or is moving elsewhere within the Republic of Korea, assists such group of foreigners to escape, or provides a ship, etc. for such purposes, in violation of Article 199 (3). |
| (2) | A person who engages in any of the activities under the subparagraphs of paragraph (1) not for gain, shall be punished by imprisonment with or without labor, for not exceeding five years, or by a fine not exceeding 30 million won. |
| (3) | Any of the following persons shall be punished by imprisonment with or without labor, for not exceeding three years, or by a fine not exceeding 20 million won: |
| 1. | A person who moves elsewhere within the Republic of Korea without permission for extension of his or her sojourn area under Article 198 (1); |
| 2. | A person who violates Article 199, but does not fall under paragraph (1) or (2). |
| (4) | A person who violates Article 200 shall be punished by a fine not exceeding five million won. |
| (5) | A person who refuses a just demand of an immigration control official or a public official with due authority in the course of performing his or her duties to verify whether a person has permission for extension of his or her sojourn area under Article 198 (5), shall be punished by a fine not exceeding one million won. |
| Article 471 (Penalty Provisions Applicable to Tourism) |
A person who engages in resort pension business without completing registration under Article 251 (1), shall be punished by imprisonment with labor for not exceeding two years, or by a fine not exceeding 20 million won.
| Article 472 (Penalty Provisions Applicable to Medical Services) |
| (1) | Foreign license holders who work for a foreign medical institution or a foreigner-only pharmacy which violates Article 308 (2) or 310, shall be punished by imprisonment with labor for not exceeding five years, or by a fine not exceeding 50 million won. |
| (2) | Anyone who fails to indicate his or her pharmacy as a foreigner-only pharmacy in violation of Article 312, shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding ten million won. |
| Article 473 (Penalty Provisions Applicable to Environment) |
| (1) | A person who purchases or sells preserved resources within Jeju Self-Governing Province (excluding ones the purchase or sale of which within Jeju Self-Governing Province is allowed by Provincial Ordinance) or removes them therefrom without obtaining permission under Article 361 (5) shall be punished by imprisonment with labor for not exceeding five years, or by a fine not exceeding 50 million won. <Amended on Jul. 11, 2023> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not exceeding two years or by a fine not exceeding 20 million won: <Amended on Jul. 11, 2023> |
| 1. | A person who violates Article 355 (3) within an absolute conservation zone; |
| 2. | A person who violates Article 356 (2) within a relative conservation zone; |
| 3. | A person who violates any of the provisions concerning restrictions on activities provided for in Article 358 (1) within a controlled conservation zone; |
| 4. | A person who develops or utilizes groundwater, spring water, or saline groundwater without obtaining permission or permission for revision (including permission for extension; hereafter in this subparagraph, the same shall apply) under Article 379 (1) or (2), or after obtaining permission or permission for revision by improper means, or a person who performs excavation that affects groundwater such as the installation of a facility for artificially recharging groundwater under Article 386 (1) (excluding cases falling under Article 9-4 (1) 5 of the Groundwater Act which are prescribed by Provincial Ordinance); |
| 5. | A person who injects, discharges, or disposes of any substance underground that may pollute groundwater, such as sewage or wastewater, in violation of Article 383 (1). |
| Article 474 (Penalty Provisions Applicable to Autonomous Audit and Inspections) |
Any of the following persons shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding five million won:
| 1. | A person subject to audit and inspection of the Audit and Inspection Committee, who refuses such audit and inspection, or fails to comply with a request to submit data without justifiable grounds; |
| 2. | A person who interferes with the audit and inspection activities of the audit and inspection organization without justifiable grounds; |
| 3. | A person who violates the duty to maintain confidentiality pursuant to Article 137 (1). |
| Article 475 (Penalty Provisions Applicable to International Schools) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not exceeding three years, or by a fine not exceeding 20 million won: |
| 1. | A person who uses a name that includes school or recruits students without approval for establishment under Article 226 (2), thereby running the relevant facility as a school; |
| 2. | A person who fails to obtain approval for revision, in violation of Article 226 (4); |
| 3. | A person who obtains approval for establishment of a school or approval for revision under Article 226 (2) or (4) by fraud or other improper means; |
| 4. | A person who closes a school without approval for closure under Article 16 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City, applied mutatis mutandis pursuant to Article 233. |
| (2) | The head of an international school who violates an order for correction or closure issued under Article 17 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City, applied mutatis mutandis pursuant to Article 233, shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding five million won. |
| Article 476 (Other Penalty Provisions) |
| (1) | A former or current executive officer or employee of the Development Center who discloses or misappropriates any confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 179, shall be punished by imprisonment with labor for not exceeding two years, or by a fine not exceeding 20 million won. |
| (2) | A person who violates a measure prohibiting the bringing-in of livestock under Article 284 (2), shall be punished by imprisonment with labor for not exceeding two years, or by a fine not exceeding 20 million won. |
| (3) | A person who submits or cause any third person to submit a garage certificate by fraud or other improper means, in violation of Article 428 (1), shall be punished by a fine not exceeding three million won. |
| Article 477 (Attempted Offenders) |
| (1) | A person who prepares for or plots to any crime referred to in Article 470 (1) through (3) or 473 (1) or an attempt to commit such crime, shall be subject to a punishment equal to that for the principal crime. |
| (2) | A person who aids or abets any third person to engage in the conduct of paragraph (1), shall be subject to a punishment equal to that of the principal of such conduct. |
| Article 478 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits a violation under any of Articles 469 through 477 in connection with the business of the corporation or individual, not only shall such violator be punished, but the corporation or individual also shall be punished by a fine under the relevant provisions (a fine not exceeding ten million won shall be imposed to a person who violates Article 469 (1)): Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties, to prevent such violation.
| Article 479 (Confiscation of Gains) |
Any gains a person who has committed a violation referred to in Article 469 (2) 1 through 3 and (3) 1 of that Article obtains, shall be confiscated: Provided, That if all or some of such gains cannot be confiscated, an amount equivalent thereto shall be collected.
| Article 480 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: |
| 1. | A person who organizes and operates the number of channels for re-transmitting foreign broadcasts, in violation of Article 206; |
| 2. | A person who fails to comply with the measures for limiting the volume of water collected or suspending the use thereof, or with the step-by-step measures as prescribed in Article 381 (1), (3), and (4); |
| 3. | A person who fails to install and operate rainwater utilization facilities, etc., in violation of Article 386. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended on Dec. 10, 2019> |
| 1. | A person who fails to submit data under Article 162 (4), or refuses, obstructs, or evades such submission; |
| 1-2. | A person who fails to comply with measures necessary for adjusting production and shipment and conducting quality inspections under Article 268 (1); |
| 1-3. | A person who fails to take necessary measures for marine products and plants brought into or removed from, livestock removed from, livestock products, etc. brought into or removed from under Article 284 (2); |
| 2. | A person who violates the restriction on taking-out of Jeju black cows prescribed in Article 287 (2); |
| 3. | A person who violates a disposition, order, or measure issued or taken by the Governor to protect preserved resources under Article 361 (3); |
| 4. | A person who violates any provisions of Provincial Ordinance stipulating supervision over construction works for facilities to develop and utilize groundwater under Article 383 (2); |
| 5. | A person who supplies or uses agricultural chemicals publicly announced under Article 383 (3); |
| 6. | A person who fails to comply with a disposition or order issued by the Governor under Article 463 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who uses the name “Jeju Free International City Development Center” or similar, in violation of Article 180; |
| 2. | A person who fails to perform his or her duties relating to registration for establishment under Article 232; |
| 3. | Deleted; <Dec. 10, 2019> |
| 4. | A person who violates restriction on taking-out of the fertilized eggs or semen of Jeju black cows or bulls prescribed in Article 287 (2). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 2. | A person who takes an LPG motor vehicle to an area out of Jeju Self-Governing Province, in violation of Article 305 (3); |
| 3. | A person who fails to comply with matters concerning the designation and management of no-smoking areas prescribed by Provincial Ordinance under Article 320 (2). |
| (5) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: |
| 2. | The head of a school, public office, public institution, or organization, who fails to comply with a request of the Election Commission for a place to set up a polling station or a vote counting room without justifiable grounds; |
| 3. | A person who damages or spoils a voting slip sample that the Election Commission pasted up; |
| 4. | A person who refuses an inspection or request to submit data made by an immigration control official pursuant to Article 202 (1). |
| (6) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended on Dec. 10, 2019; Dec. 22, 2020> |
| 1. | A person commissioned as a clerk of recall election, clerk of recall election for absentees, or vote counting clerk who refuses, are derelicts in or neglects the performance of his or her duties without justifiable grounds; |
| 4. | A person who runs a business without filing a report on succession to status pursuant to Article 251 (5); |
| 5. | A person who fails to comply with an order to secure a garage under Article 428 (5); |
| 6. | A person who uses an off-road parking lot for any purpose other than a parking lot, in violation of Article 433-2 (1); |
| 7. | A person who fails to install necessary signs, in violation of Article 433-2 (2). |
| (7) | Administrative fines referred to in paragraphs (1) through (6) shall be imposed and collected by the Governor (referring to the Superintendent of the Provincial Office of Education in cases falling under paragraph (3) 2), as prescribed by Provincial Ordinance. <Amended on Dec. 10, 2019> |
| (8) | Notwithstanding paragraph (7), the Ministry of Science and ICT shall be in charge of the imposition and collection of administrative fines referred to in paragraph (1) 1; Article 261 (10) and (11) of the Public Official Election Act shall apply mutatis mutandis to the imposition and collection of administrative fines referred to in paragraphs (4) through (6) (limited to matters concerning recall of elected officials); and Article 100 (4) of the Immigration Act shall apply to the imposition and collection of administrative fines referred to in paragraph (5) 4. <Amended on Jul. 26, 2017> |
| Article 481 (Disposition of Accusation and Notification) |
| (1) | No one shall be prosecuted for a violation of any of the provisions of Articles 197 through 203, unless the head of a regional immigration service lays an accusation. |
| (2) | If a person is indicted by an investigative authority, other than an immigration control officer, for a case falling under paragraph (1), his or her case shall be referred without delay to the head of the competent regional immigration service. |
| (3) | If the head of a regional immigration service obtains conclusive evidence of guilt as a result of the investigation into the case referred to in paragraph (1), he or she may issue the offender a written notice demanding the payment of an amount equivalent to a fine (hereinafter referred to as "penalty") at a designated place, specifying the grounds for the penalty. If the relevant offender pays the penalty as notified, he or she shall not be subject to double jeopardy. |
| (4) | As a result of the investigation, if the nature of the offence is deemed punishable by imprisonment without labor or heavier punishment, the head of a regional immigration service shall charge the offender immediately. |
| (5) | Guidelines on the amount of penalty referred to in paragraph (3) shall be determined by Ordinance of the Ministry of Justice. |
| (6) | The Minister of Justice may exempt the offender from the disposition of notification under paragraph (3), taking into account his or her age, living conditions, and motives for, and the consequences of the offence, his or her ability to pay the penalty, and other circumstances. |
| (7) | The Immigration Act shall apply mutatis mutandis to the service of the disposition of notification under paragraph (3) and other procedures. |
ADDENDA <Act No. 13385, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 123 (1) shall enter into force on the date of its promulgation.
Article 2 (Period of Validity)
The amended provisions of Article 18 shall remain in effect until June 30, 2018. <Amended by Act No. 14190, May 29, 2016>
Article 3 (Period of Validity of Regional Development Plan related to Joint Military and Civilian Tourism Port)
The amended provisions of Article 236 shall remain in effect until the last regional development project is terminated pursuant to the regional development plan.
Article 4 (Period of Validity of Special Cases concerning Value-Added Tax)
The amended provisions of Article 255 (2) shall remain in effect for three years from the date the special case system concerning value-added tax under the Restriction of Special Taxation Act enters into force.
Article 5 (Applicability to Special Cases concerning Adjustment of Rate of Local Resource Facility Tax)
The amended provisions of Article 123 (1) shall begin to apply from the first liability to pay taxes constituted after this Act enters into force.
Article 6 (Applicability to Approval, etc. to Implement Development Projects)
The amended provisions of Article 147 shall begin to apply from the first project plan and its accompanying documents submitted to the Governor after this Act enters into force.
Article 7 (Applicability to Contribution of Funds)
The amended provisions of Article 267 (4) shall begin to apply from the first profit generated in the fiscal year to which the date this Act enters into force belongs.
Article 8 (Applicability to Administrative Appeals against Affairs related to Veterans)
The amended provisions of Article 350 shall begin to apply from the first administrative appeal filed after this Act enters into force.
Article 9 (Applicability to Suspension of Use of Groundwater)
The amended provisions of Article 381 (3) shall also apply to persons who fail to make payment till after this Act enters into force, though he/she received a notice urging payment before this Act enters into force, and in whose case the term of arrearage exceeds six months.
Article 10 (Applicability to Imposition of Price for Raw Groundwater)
The amended provisions of Article 387 shall begin to apply from the first price for raw groundwater imposed after this Act enters into force.
Article 11 (Transitional Measures concerning Terms of Office of Members of Audit and Inspection Committee)
The term of office of a member for filling a vacancy commissioned under the former Article 66 before this Act enters into force, shall be the remainder of his/her predecessor's term of office.
Article 12 (Transitional Measures concerning Procedures, etc. for Dismissal of Members of Audit and Inspection Committee from Office)
Procedures, etc. for dismissal of members of the Audit and Inspection Committee commissioned before this Act enters into force, shall be governed by the former provisions.
Article 13 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or persons under limited guardianship referred to in the amended provisions of subparagraph 1 of Article 176, shall be deemed to include persons on whom the effect of the declaration of incompetency or quasi-competency remains valid under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
Article 14 (Transitional Measures concerning Special Cases of Adjustment of Rate of Local Resource Facility Tax)
Local resource facility tax imposed or exempted, or to be imposed or to be exempted, under the former provisions before this Act enters into force, shall be governed by the former provisions.
Article 15 (Transitional Measures concerning Matters to be Prescribed by Ordinance)
Matters to be prescribed by Provincial Ordinance under this Act or matters prescribed by former Presidential Decree or Ministerial Ordinance, shall be governed by the former provisions until Provincial Ordinance is enacted under this Act.
Article 16 (Transitional Measures concerning Decisions and Approvals of Board of Education)
The activities done by, or in relation to the board of education established under the Local Education Autonomy Act (hereinafter referred to as the "preceding board of education"), including the decisions and approvals of the board of education, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed the activities done by, or in relation to the board of education under this Act.
Article 17 (Transitional Measures concerning Regional Labor Relations Commission, etc.)
The regional labor relations commission established in the preceding Jeju-do under the Labor Relations Commission Act, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed the regional labor relations commission established under the jurisdiction of the Governor pursuant to Article 405 of this Act.
Article 18 (Transitional Measures concerning Development Projects)
Development projects approved or hearings about which were held under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed development projects approved or hearings about which have been held under Article 147 of this Act.
Article 19 (Transitional Measures concerning Registration of, Permission, etc. for Tourism Business)
Tourism business registered, permitted, etc. under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed registered, permitted, etc. under this Act.
Article 20 (Transitional Measures concerning Foreigner-only Casino Business)
Foreigner-only casino business permitted under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed permitted under Article 243 of this Act.
Article 21 (Transitional Measures concerning Designation of Standard Water Table Monitoring Wells)
Standard water table monitoring wells designated under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed standard water table monitoring wells designated under Article 384 (3) of this Act.
Article 22 (Transitional Measures concerning Consultations about Preliminary Environmental Impact Assessment)
Preliminary environmental impact assessment about which consultations were held under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed consultations with the Governor about small-scale impact assessment under Article 363 of this Act.
Article 23 (Transitional Measures concerning Permission for Development, Utilization, etc. of Groundwater)
Persons who have obtained permission, etc. for development and utilization of groundwater under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed to have obtained permission from the Governor under Article 379 of this Act.
Article 24 (Transitional Measures concerning Designation and Management of Special Control Areas for Groundwater Resources)
Special control areas for groundwater resources designated under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed designated as special control areas for groundwater resources under Article 382 (1) of this Act.
Article 25 (Transitional Measures concerning Public Announcement concerning Restriction on Supply and Use of Agricultural Chemicals)
Matters publicly announced concerning the restriction on the supply and use of agricultural chemicals under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed matters publicly announced under Article 383 (3) of this Act.
Article 26 (Transitional Measures concerning Rainwater Utilization Facilities, etc.)
Rainwater utilization facilities, etc. installed under the former provisions, as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed rainwater utilization facilities, etc. installed under Article 386 (1) of this Act.
Article 27 (Transitional Measures concerning Traffic Safety Facilities)
Traffic safety facilities designated or installed by the Commissioner of a District Police Agency or the chief of a police station pursuant to the relevant provisions of the former Road Traffic Act, as of July 1, 2006, which is the date the partially amended Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, shall be deemed designated or installed by the Governor under Article 434 of this Act.
Article 28 (Transitional Measures concerning Industrial Complex Development Projects)
Industrial complex development projects approved for implementation of development projects under the former provisions, as of August 3, 2007, which is the date the partially amended Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 8586) enters into force, shall be deemed approved for the implementation of development projects under Article 147 of this Act.
Article 29 (Transitional Measures concerning Repeal of the Special Act on the Administrative System, etc. of Jeju-do)
Repealed Si/Gun ordinances or rules deemed Jeju-do ordinances or rules under Article 4 (6) of the Addenda to the Special Act on the Administrative System, etc. of Jeju-do repealed on March 25, 2009, which is the date the partially amended Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 9526) enters into force, shall be deemed ordinances and rules of Jeju Self-Governing Province until new ordinances and rules of Jeju Self-Governing Province are enacted and enter into force: Provided, That they shall apply only to the respective regions to which the relevant former ordinances and rules have applied.
Article 30 (Transitional Measures concerning Installation of Fire-Fighting Systems)
Notwithstanding the amended provisions of Article 457, multi-family houses and resort pensions being newly built, extended, renovated, reconstructed, or substantially repaired before May 23, 2011, which is the date the partially amended Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 10701) enters into force, shall be governed by the former provisions (referring to the provisions before being amended by Act No. 10701).
Article 31 (General Transitional Measures concerning Abolition of Preceding Jeju-do)
| (1) | Where any former regulations cite Jeju-do, Jeju-do Governor, Jeju-do Council, Jeju-do local council member, or Jeju-do ordinances or rules before this Act enters into force, they shall be deemed to have cited Jeju Special Self-Governing Province, Jeju Special Self-Governing Province Governor, Jeju Special Self-Governing Provincial Council, Jeju Special Self-Governing Provincial Council member, or the ordinances or rules of Jeju Special Self-Governing Province. |
| (2) | The activities done by the Governor of the preceding Jeju-do or the Superintendent of the Office of Education of the preceding Jeju-do or the head of an institution affiliated therewith, such as approval and permission, or the activities done in relation to him/her, such as reporting and filing applications, before this Act enters into force, shall be deemed the activities done by, or in relation to the Governor of Jeju Special Self-Governing Province, the Superintendent of the Provincial Office of Education of Jeju Special Self-Governing Province, or the head of an institution affiliated therewith. |
| (3) | Ordinances and rules of preceding Jeju-do existing as of July 1, 2006, which is the date the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 7849) enters into force, may be continuously applied until new ordinances and rules of Jeju Special Self-Governing Province are enacted and enter into force under this Act. |
Article 32 (General Transitional Measures concerning Administrative Dispositions, etc.)
| (1) | Dispositions, procedures, or other activities taken or performed by the head of an administrative agency or the head of an institution affiliated therewith under the former provisions as at the time this Act enters into force, shall be deemed dispositions, procedures, or other activities taken or performed by the head of an administrative agency or the head of an institution affiliated therewith under the relevant provisions of this Act; and applications, reports, and other activities filed with or performed in relation to the head of an administrative agency or the head of an institution affiliated therewith under the former provisions, shall be deemed applications, reports, and other activities filed with or performed in relation to the head of an administrative agency or the head of an institution affiliated therewith under the relevant provisions of this Act. |
| (2) | Appointment, punishment, and other activities conducted by, or in relation to an appointing authority under the former provisions as at the time this Act enters into force, shall be deemed activities conducted by, or in relation to an appointing authority under this Act. |
Article 33 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines for any offense committed before this Act enters into force, shall be governed by the former provisions.
Article 34 (Transitional Measures concerning Enforcement of the Farmland Act)
"Article 38 (6) of the Farmland Act" in the amended provisions of Article 271 (4) shall be construed as "Article 38 (5) of the Farmland Act" until January 20, 2016; and "Article 38 (13) of the Farmland Act" in the amended provisions of Article 278 shall be construed as "Article 38 (11) of the Farmland Act" until January 20, 2016.
Article 35 (Transitional Measures concerning Enforcement of the Forestry Culture and Recreation Act)
"Article 13 (2) and (4) of the Forestry Culture and Recreation Act" in the amended provisions of Article 282 (1) shall be construed as "Article 13 (2) through (4) of the Forestry Culture and Recreation Act" until January 20, 2016; and "Article 18 (3), the proviso to Article 18 (4), Article 20 (2) and (4), the main sentence of and proviso to Article 21-5 (2), and Article 22" in the amended provisions of Article 282 (2) shall be construed as "the main sentence of and proviso to Article 17 (2), Article 18 (3), the proviso to Article 18 (4), Articles 20 (2) and (4), and 22" until January 20, 2016. Article 36 (Transitional Measures concerning Enforcement of the Wastes Control Act)
"Article 31 (2) through (5), (7), and (10)", "Article 38 (3) (excluding persons registered for exclusive container manufacturing business under Article 38 (2))", and "subparagraph 2 of Article 61" in the amended provisions of Article 375 (1) shall be construed as "Article 31 (2) through (6) and (9)", "Article 38 (2)", and "subparagraph 1 of Article 61", respectively, until January 20, 2016; and "Article 31 (7) through (9)" in the amended provisions of Article 375 (2) shall be construed as "Article 31 (7) through (8)" until January 20, 2016; and "(7) through (9)" in the amended provisions of Article 465 (1) shall be construed as "(6) through (8)" until January 20, 2016. Article 37 (Transitional Measures concerning Enforcement of the Passenger Transport Service Act)
"Article 21 (1) and (10)" in the amended provisions of Article 427 (2) shall be construed as "Article 21 (1) and (9)" until January 6, 2016.
Article 38 Omitted.
Article 39 (Relationship with other Acts)
Any citation of the former provisions of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, in any other Act or Provincial Ordinance, as at the time this Act enters into force, shall be deemed a citation of the relevant provisions of this Act in lieu of the former provisions, if such provisions corresponding thereto, exist in this Act.
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 Omitted.
ADDENDA <Act No. 13537, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13560, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016. (Proviso Omitted.)
Articles 2 through 65 Omitted.
ADDENDA <Act No. 13605, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13607, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13609, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13610, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13611, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 13637, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016. (Proviso Omitted.).
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13660, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13726, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14085, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14111, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14154, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14190, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Legal Fiction as Authorization, Permission, etc.)
The amended provisions of Article 148 (1) 8 shall begin to apply from the first tourism development project for which an application is filed after this Act enters into force. Article 3 (Applicability to Amusement Facilities)
The amended provisions of Article 406 (2) shall apply to an amusement facilities development project for which an application is filed to obtain approval of an implementation plan or to amend an approved implementation plan, after this Act enters into force. Article 4 (Transitional Measures concerning Subsidization of Operating Expenses)
Subsidies for operating expenses granted to subordinate organizations of administrative Ris and administrative Dongs referred to in Article 4-2 (4) and (5) of the Local Autonomy Act pursuant to Provincial Ordinance, before this Act enters into force, shall be deemed subsidies granted under the amended provisions of Article 45 (3). Article 5 (Transitional Measures concerning Transfer of Funds from Special Account for Development Projects of Jeju Special Self-Governing Province to Funds Created by Provincial Ordinance)
Funds transferred from the special account for development projects of Jeju Special Self-Governing Province, to funds created by Provincial Ordinance, before this Act enters into force, shall be deemed funds transferred under the amended provisions of Article 160 (4) 6-2.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14361, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14372, Dec. 13, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14511, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 6 (limited to the amended provisions of Articles 26-3 and Article 26-5 (1)) of this Addenda shall enter into force six months after the date of its promulgation. Articles 2 through 6 Omitted.
ADDENDA <Act No. 14518, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That amendments to the Acts which were promulgated before this Act enters into force but the enforcement date of which has not arrived yet, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14544, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14614, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14716, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14725, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14748, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14767, Apr. 18, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14773, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14783, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14795, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of this Addenda, the amended provisions of an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the respective Act. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14915, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Seeking Opinions of Residents, etc.)
The amended provisions of Article 147 (4) shall apply beginning with the first project plan and its accompanying documents to be submitted for obtaining approval to implement a development project after this Act enters into force.
ADDENDA <Act No. 14943, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15394, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15423, Mar. 9, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15442, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 15489, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15500, Mar. 20, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15530, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15540, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15624, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That amendments to any Act already promulgated but which have not yet entered into force before this Act enters into force, among the Acts amended pursuant to Article 4 of the Addenda, shall enter into force on the dates the respective Acts enter into force. Articles 2 through 5 Omitted.
ADDENDA <Act No. 15636, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15719, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on December 13, 2018.
Article 2 Omitted.
ADDENDA <Act No. 15832, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 15860, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 16242, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16248, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16258, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16277, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16404, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2020. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16415, Apr. 30, 2019>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) |
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16416, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16717, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16774, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 18-2 shall enter into force on the date of its promulgation. Article 2 (Term of Validity)
The amended provisions of Article 18-2 shall remain effective until June 30, 2021. Article 3 (Applicability to Designation and Public Announcement of Investment Promotion Zones)
The amended provisions of Article 162 (2) 3 and 4 shall begin to apply to investment promotion zones designated and publicly announced by the Governor on or after the date this Act enters into force. Article 4 (Applicability to Financial Resources for Jeju Tourism Promotion Fund)
The amended provisions of Article 246 (4) shall begin to apply to license fees of bonded stores (including designated duty-free shops) incurred for turnover generated on or after January 1, 2018. Article 5 (Applicability to Formulation of Promotion Plans)
The amended provisions of Article 257 (1) through (3) and (5) shall begin to apply to the formulation of promotion plans to be implemented starting from 2020. Article 6 (Applicability to Formulation of Plans for Development of Health and Medical Services)
Notwithstanding the cycle for formulating plans for development of health and medical services under previous Article 306 (1), the Governor shall newly formulate plans for development of health and medical services to be implemented starting from 2020 pursuant to the amended provisions of Article 306 (1) and (5). Article 7 (Transitional Measures concerning Consultation on Strategic Environmental Impact Assessment or Mini Environmental Impact Assessment)
Notwithstanding the amended provisions of Article 363 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 365), the previous provisions shall apply where a request for consultations is made for strategic environmental impact assessment or mini environmental impact assessment before this Act enters into force. Article 8 (Transitional Measures concerning Enactment of Provincial Ordinance)
Matters to be prescribed by Provincial Ordinance under this Act or matters prescribed by the previous Presidential Decree or Ministerial Ordinance shall be governed by the previous provisions until Provincial Ordinance is enacted under this Act.
ADDENDA <Act No. 16806, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 16855, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2020. (Proviso Omitted)
| 2. | The amended provisions of Articles 128 (3) and (4) and 141 through 147, and Articles 17 and 18 of these Addenda: January 1, 2021. |
Articles 2 through 18 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17037, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 17577, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 17687, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17699, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 251, subparagraph 3 of Article 462, and Article 480 (6) 4 shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Reports on Transfer or Acquisition of Resort Pension Business)
The amended provisions of Article 251 (5) through (7) shall begin to apply to reports on a resort pension business transferred or acquired on or after the enforcement date under the proviso to Article 1 of these Addenda.
ADDENDUM <Act No. 17767, Dec. 29, 2020>
This Act shall enter into force on January 1, 2021.
ADDENDA <Act No. 17769, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 17786, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 17797, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 17814, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the Acts amended under Article 4 of these Addenda, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 5 Omitted.
ADDENDA <Act No. 17850, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17852, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17883, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 23 Omitted.
ADDENDA <Act No. 17943, Mar. 16, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18027, Apr. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 18296, Jul. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended provisions of Article 402 (3) that amends the provisions of "Articles 15 (including the authority to receive materials submitted by the original contractor), 16, 17, and 20 of the Employment Insurance Act" into "Aricle 20 of the Employment Insurance Act" shall enter into force one year after the date of its promulgation. Article 5 (Applicability to Allocation of Job-Seeking Benefits, etc.)
With respect to the appropriation of job-seeking benefits, etc. in the amended provisions of Article 402 (4), the provisions relating to the appropriation of job-seeking benefits, etc. shall begin to apply from the appropriation of job-seeking benefits, the grounds for which have arisen after this Act enters into force, for the refund of job-seeking benefits or the additional collection charges determined after this Act enters into force. Article 3 (General Transitional Measures concerning Dispositions, etc.)
Requests filed for reporting and verification on insured status under the former provisions as at the time this Act enters into force shall be deemed reports, requests or submission filed with the Minister of Employment and Labor, and the acceptance and confirmation thereof shall be deemed acts conducted by the Minister of Employment and Labor.
Article 9 (Transitional Measures concerning Additional Collection of Job-Seeking Benefits due to Improper Acts)
Notwithstanding the amended provision of Article 402 (4), the previous provision shall apply to the amount of job-seeking benefits to be additionally collected from a person who has received job-seeking benefits by fraud or other improper means before this Act enters into force.
ADDENDA <Act No. 18358, Jul. 27, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 18384, Aug. 10, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18425, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18432, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 18472, Oct. 8, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18495, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on January 13, 2022.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 18522, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 18547, Dec. 7, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 18755, Jan. 11, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 40 Omitted.
ADDENDA <Act No. 18818, Feb. 3, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18840, Apr. 20, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Constituencies for Provincial Council Members)
Notwithstanding Article 37 (2), part of an administrative Si or Eup/Myeon/Dong prescribed by Rules of the National Election Commission may be divided to belong to another constituency, in order to reduce the discrepancies in demographics of the constituency, at the election for members of the Provincial Council following the expiration of the term, scheduled to be held on June 1, 2022. Article 3 (Special Cases concerning Demarcation of Constituencies for Provincial Council Members)
| (1) | Notwithstanding Article 24-3 (5) of the Public Official Election Act, which is applied mutatis mutandis in Article 38 (2), the Constituency Demarcation Committee for Provincial Council shall submit a draft constituency demarcation plan to the Governor not later than two days after this Act enters into force, and the Provincial Council shall pass a resolution on a bill of ordinance not later than nine days after this Act enters into force. |
| (2) | If the Provincial Council fails to resolve on the bill of ordinance by the deadline under paragraph (1), a fixed number of Provincial Council members and the name and jurisdiction of the local constituency for Provincial Council members shall be prescribed by Rules of the National Election Commission. |
Article 4 (Term of Validity of System of Board of Education and Its Members)
| (1) | A system of the Board of Education of the Jeju Special Self-Governing Provincial Council and its members under this Act shall be valid until June 30, 2026. |
| (2) | As the system of the Board of Education and its members under paragraph (1) is to be abolished, the election for the members of the Board of Education upon the expiration of the term of office on June 30, 2026 shall not be held. |
ADDENDA <Act No. 18849, Apr. 26, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 18936, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19003, Oct. 18, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 19087, Dec. 13, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 19090, Dec. 13, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19117, Dec. 27, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19178, Jan. 3, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 19228, Mar. 4, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That amendments to the statutes which were promulgated before this Act enters into force but the enforcement date of which has not arrived yet, among the statutes amended by Article 7 of the Addenda, shall enter into force on the enforcement dates of the respective statutes. Articles 2 through 8 Omitted.
ADDENDA <Act No. 19291, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19379, Apr. 18, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19409, May 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19430, Jun. 9, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 19522, Jul. 11, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 449 shall enter into force on July 21, 2023. Article 2 (Applicability to Change of Requirements and Procedures for Requesting Enactment, Amendment, or Repeal of Municipal Ordinances)
Where a request to enact, amend, or repeal Provincial Ordinance has been filed with the Governor pursuant to the previous provisions of Article 29 (1) as at the time this Act enters into force, such request shall be deemed the request filed with the Provincial Council, and the Governor shall transfer the written request and materials to the Provincial Council. Article 3 (Applicability to Claims for Compensation for Losses)
The amended provisions of Article 96 shall also apply to those who have suffered losses due to the lawful performance of duties by autonomous police officials before this Act enters into force. Article 4 (Applicability to Public Recruitment of Members of Audit and Inspection Committee)
The amended provisions of Article 131 shall begin to apply where vacancies arise among members of the Audit and Inspection Committee after this Act enters into force. Article 5 (Applicability to Formulation of Comprehensive Plans)
The amended provisions of Article 140 (1) 1-2, 17-2, and 17-3 shall begin to apply where comprehensive plans are formulated after this Act enters into force. Article 6 (Applicability to Cancellation of Designation of Controlled Conservation Zones)
The amended provisions of Article 357 (6) through (8) shall begin to apply where a controlled conservation zone is incorporated into the Mt. Halla National Park or an urban area after this Act enters into force. Article 7 (Applicability to Reinstatement Order)
The amended provisions of Article 358-2 shall begin to apply to violations of restrictions on activities under Article 355 (3), 356 (2), or the subparagraphs of 358 (1) committed after this Act enters into force. Article 8 (Applicability to Formulation of Integrated Water Management Master Plans)
The amended provisions of Article 378 shall begin to apply where integrated water management master plans are formulated after this Act enters into force. Article 9 (Transitional Measures concerning Deliberative Committee on Parliamentary Expenses)
A Deliberative Committee on Parliamentary Expenses established pursuant to the previous Article 40 (2) before this Act enters into force shall be deemed established under the amended provisions of Article 40 (2). Article 10 (Transitional Measures concerning Development Center's Contributions to Rural Community Promotion Fund)
With respect to funds contributed by the Development Center to the rural community promotion fund in a year that includes the date on which this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 267 (4). Article 11 (Transitional Measures concerning Comprehensive Plans to Manage Water Resources)
A comprehensive plan to manage water resources formulated and is being implemented pursuant to the previous Article 378 (1) as at the time this Act enters into force shall be deemed an integrated water management master plan formulated and implemented pursuant to the same amended provisions. Article 12 (Transitional Measures concerning Reporting on Excavation Affecting Groundwater)
| (1) | A person whose report or report on changes is accepted under Article 9-4 of the Groundwater Act before this Act enters into force (including persons whose report or report on changes is accepted after this Act enters into force pursuant to paragraph (3)) shall be deemed to have obtained permission or permission for changes pursuant to the amended provisions of Article 379 (1) and (2): Provided, That permission shall be renewed by fulfilling the requirements for permission prescribed by Provincial Ordinance within one year from the date this Act enters into force. |
| (2) | If permission is not renewed within the period under the proviso of paragraph (1), the permission under the main clause of paragraph (1) shall become invalid from the date on which the period expires. |
Article 13 (Transitional Measures concerning Groundwater Management Committee)
The groundwater management committee established pursuant to the previous Article 385 as at the time this Act enters into force shall be deemed the Integrated Water Management Committee established pursuant to the amended provisions of that Article.
ADDENDUM <Act No. 19549, Jul. 18, 2023>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 19555, Jul. 18, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 19 Omitted.