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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON THE NATIONAL LAND

NATIONAL LAND

[Enforcement Date: Aug. 7, 2009] [Presidential Decree No. 21671, Aug. 5, 2009, Other Laws and Regulations Amended]

Ministry of Land, Transport and Maritime Affairs (Territorial Policy Division) Tel.: 02-2110-6173

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Framework Act on the National Land and other matters necessary for the implementation thereof.

Article 1-2 (Measurement, Assessment, etc. of Sustainability of National Land Management)

(1) Where the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the "Minister") and the heads of local governments measure and assess the sustainability of the national land management pursuant to Article 5-2 (5) of the Framework Act on the National Land (hereinafter referred to as the "Act"), they shall implement such measurement and assessment in accordance with the index and standards under Article 5-2 (1) and (2) of the Act. (2) Where it is necessary, the Minister and the heads of local governments may entrust a specialized institution with the measurement and assessment of the sustainability referred to in section (1). (3) The Minister and the heads of local governments may ask the head of the administrative agency concerned to submit the related material necessary for the measurement and assessment of the sustainability referred to in section (1).

(4) When the Minister and the heads of local governments has measured and assessed the sustainability of the national land management according to section (1), they shall make the result thereof public. [This Article Newly Inserted by Presidential Decree No. 20486, Dec. 28, 2007] Article 2 (Preparation, etc. of Guideline for Formulation of Draft Plan per Jurisdiction) (1) When the Minister asks the heads of the central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as the "Mayor/Do governor") to submit their draft plans according to their jurisdiction in accordance with Article 9 (2) of the Act, he/she shall prepare a guideline for formulating such draft plans according to their jurisdiction and forward such guideline to the heads of the central administrative agencies and the Mayor/Do governor. In this case, the Minister shall consult with the heads of the central administrative agencies concerned in advance before he/she determines and forwards such guidelines. (2) The guideline for formulating the draft plans per jurisdiction as prescribed in section (1) shall contain the matters applicable to each of the following subsections:

1. Background and objective of formulating the comprehensive national land plan;

2. Basic direction for formulating the comprehensive national land plan;

3. Outlines of policies and projects that need to be reflected in the comprehensive national land plan;

4. Matters to be considered and main items when the draft plans per jurisdiction are formulated; and

5. Other matters necessary for the formulation of the draft plans per jurisdiction. Article 3 (Adjustment and Summarizing of Draft Plans per Jurisdiction) Where the Minister adjusts and summarizes the draft plans per jurisdiction, he/she shall examine the matters applicable to each of the following subsections:

1. Whether or not the policies or projects are consistent with the objective and basic direction of the comprehensive national land plan;

2. Whether or not there are any conflicts between policies or projects;

3. Feasibility of the policies or projects;

4. Priority and degree of importance of the policies or projects;

5. Expected effects of the policies or projects; and

6. Possibility of securing required financial resources. Article 4 (Public Hearing)

(1) Where the Minister intends to hold a public hearing in accordance with the provisions of Article 11 of the Act, he/she shall publish the matters applicable to each of the following subsections in a daily newspaper circulated nationwide at least once not later than fourteen days prior to holding such public hearing:

1. Objective of holding the public hearing;

2. Scheduled date, time and venue of the public hearing;

3. Outline of the draft comprehensive national land plan;

4. Matters concerning the presentation of opinions; and

5. Other matters necessary for holding the public hearing. (2) Any person or any relevant expert, etc. who has any opinion to state in respect to the contents of a draft comprehensive national land plan may attend the public hearing in person to state his/her opinion or submit a summary of his/her opinion to the Minister in writing or via computer communications.

Article 5 (Formulation, etc. of Do Comprehensive Plan) (1) The term "any Do prescribed by the Presidential Decree" in the proviso of the part other than each subsection of Article 13 (1) of the Act refers to Gyeonggi-Do for which a Seoul metropolitan area readjustment planning is drawn up in accordance with Article 4 of the Seoul Metropolitan Area Readjustment Planning Act and Jeju Special Self-Governing Province for which a comprehensive plan is drawn up in accordance with Article 222 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International Cities. (2) The term "matters prescribed by the Presidential Decree" in Article 13 (1) 7 of the Act refers to the matters applicable to each of the following subsection:

1. Matters concerning the improvement of living environment such as housing, tap water and sewerage system, parks, convenience facilities, etc. for the weak or senior citizens;

2. Matters concerning the construction of cultural and tourist infrastructure;

3. Matters concerning the prevention of disasters and the safety management of facilities;

4. Matters concerning the development and fostering of local industries; and

5. Matters concerning the implementation and management of plans, such as method of securing financial resources, etc.

Article 6 (Formulation Standards and Preparation Methods of Do Comprehensive Plan) (1) The Minister shall prepare guidelines for formulating the Do comprehensive plan which include formulation standards and preparation methods of the Do comprehensive plan, such that the Do comprehensive plan as prescribed in Article 13 of the Act can suggest long-term and short-term policy directions and guidelines for improving the welfare of local residents and regional development and make such Do comprehensive plan to be compatible with the comprehensive national land plan approved in accordance with the provisions of Article 12 of the Act, and forward such guidelines to the Do governor after consulting with the heads of the central administrative agencies concerned.

(2) The guidelines for formulating the Do comprehensive plan prepared by the Minister in accordance with the provisions of section (1) shall contain the matters applicable to each of the following subsections:

1. Relationship between the comprehensive national land plan and the Do comprehensive plan;

2. Basic matters of the Do comprehensive plan and procedures for formulating such plan;

3. Matters to be considered and main items when the Do comprehensive plan is formulated; and

4. Other matters necessary in connection with the formulation of the Do comprehensive plan.

Article 7 (Contents, etc. of Implementation Schedule) (1) The implementation schedule by jurisdiction formulated in accordance with the provisions of Article 18 (1) of the Act shall be prepared every five years and contain the matters applicable to each of the following subsections:

1. Current situation and problems;

2. Objectives and implementation strategy;

3. Task to be performed and a detailed implementation schedule;

4. Implementation period and investment plan; and

5. Other matters necessary for the efficient execution of the implementation schedule. (2) The head of the central administrative agency and the Mayor/Do governor shall prepare a performance record of promotion of the implementation schedule for their jurisdictions, in accordance with the provisions of Article 18 (2) of the Act, as of December 31 of every year and submit such written performance record to the Minister by the end of May of the next year. (3) The Minister shall periodically assess the results of the comprehensive national land plan pursuant to the provisions of Article 18 (3) of the Act, based on the performance record of promotion of the implementation schedule by jurisdiction as prescribed in section (2), and notify any findings from the assessment of such results to the heads of the central administration agencies concerned and the Mayor/Do governor.

Article 8 Deleted. Article 9 (Preparation, etc. of Annual Report on National Land Plan and Utilization) (1) A report on the major policies for the national land plan and utilization as prescribed in Article 24 of the Act (hereinafter referred to as the "annual report") shall be prepared by the Minister. (2) The Minister may, if he/she deems it necessary for the preparation of the annual report as prescribed in section (1), ask the heads of the central administrative agencies concerned to submit material on the national land plan and utilization. In this case, the heads of the central administrative agencies concerned shall comply with the request from the Minister unless there exist any special situations not to.

(3) The Minister shall prepare the annual report by utilizing the material submitted as prescribed in section (2), the promotion performance records of the implementation schedule by jurisdiction as prescribed in Article 7 (2) and the results, etc. of the national land survey as prescribed in Article 25 of the Act.

Article 10 (Implementation of National Land Survey) (1) The term "matters prescribed by the Presidential Decree" in Article 25 (1) of the Act refers to the matters applicable to each of the following subsections:

1. Matters concerning geographical information such as topography and ground features;

2. Matters concerning agriculture, forest, ocean and fisheries;

3. Matters concerning prevention of disaster and safety; and

4. Other matter deemed necessary by the Minister. (2) The national land survey shall be conducted according to the following classification pursuant to the provisions of Article 25 (4) of the Act and the Minister may formulate a plan for the national land survey after prior consultation with the heads of the central administrative agencies concerned and the Mayor/Do governor on necessary matters such as items of the national land survey and entities in charge of the survey in order to efficiently implement the national land survey:

1. Periodic survey: a survey that is conducted annually to make use of findings from the survey for formulation and execution of plans and policies for the national land; and

2. Non-periodic survey: a survey that is conducted for a specific region or a specific field, etc. where it is deemed necessary by the Minister. (3) Matters necessary for implementation of the national land survey other than the matters provided in section (2) shall be prescribed by the Minister.

Article 11 (Advisory Organization)

The Minister may establish an advisory organization for counseling of the matters necessary for formulation, etc. of the national land plan.

[This Article Wholly Amended by Presidential Decree No. 20736, Feb. 29, 2008] Article 12 through 18 Deleted. Article 19 (Delegation of Authority)

The Minister shall delegate his/her authority for the following subsections to the Director of the National Geography Information Institute in accordance with the provisions of Article 33 (1) of the Act:

1. Deleted;

2. The national land survey as prescribed in Article 25 of the Act, request for the submission of material, request for firsthand survey, commissioning of survey to any specialized institution, and formulation of a plan for surveying the national land as prescribed in Article 10 (2); and

3. Matters concerning the management and utilization of the national land information as prescribed in Article 8.

ADDENDA (Enforcement Decree of the National Spatial Information Act)

Article 1 (Enforcement Date)

This Decree shall take effect on Aug. 7, 2009.

Article 2 Omitted

Article 3 (Amendment of Other Acts)

(1) Part of the Enforcement Decree of the Framework Act on the National Land shall be amended as follows:

Article 8 and subsection 1 of Article 19 deleted. (2) Omitted