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SPECIAL ACT ON JEJU FREE INTERNATIONAL CITY
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SPECIAL ACT ON JEJU FREE INTERNATIONAL CITY
SPECIAL ACT ON JEJU FREE INTERNATIONAL CITY
INTRODUCTION
Details of Enactment and Amendment
- Enactment: This Act was enacted as Act. No. 4485, the Special Act on Jeju-do Development on December 31, 1991 in order to foster
the Jeju-do as an international tourist recreation center as well as to promote an improvement of the residents living environment
and an activation of the regional economy by drastically expanding the insufficient tourist infrastructures, as the foreign and domestic
tourist demands for Juju-do have been rapidly increasing, and by pertinently conserving and managing the graceful natural sceneries
and the folk cultures peculiar to Jeju-do.
- Amendment: This Act was wholly amended on two occasions (January 28, 2000 and January 26, 2002) and partly amended nine times (the
latest amendment was on May 31, 2005), subsequently to its enactment, and therefore its title was altered to the Special Act on Jeju
Free International City, and the institutional provisions were set up which ensure that the freedom of movement of persons, commodities
and capital and the convenience of enterprise's activities are guaranteed to the maximum limit and the international investment environments
are fully prepared, in order to foster and develop Jeju-do into an international tourist and recreation city as well as an international
free city performing the complex functions such as business, high-technology, distribution and financial industry.
Main Contents
- To ensure that any foreigner may enter without a visa, and any foreigner so entered may move to other regions by obtaining a permit
from the Minister of Justice except for the case as otherwise stipulated by the Minister of Justice only for Jeju-do.
- To ensure that the administrative agencies shall provide foreign language services in accepting and handling official documents
in order to facilitate the convenience of the foreign investors.
- To ensure that the price in the ordinary transaction made within Jeju-do on a certain scale or smaller may be paid directly by means
of the foreign exchange between the parties to such transaction in accordance with the Foreign Exchange Transactions Act, in order
to improve foreigners living environment.
- To ensure that a foreigner may open a general hospital, hospital, dental clinic or medical care hospital only for foreigners within
Jeju-do after obtaining permission therefor from the Minister of Health and Welfare or open a pharmacy for the exclusive use of foreigners
there after having such pharmacy registered with the Minister of Health and Welfare.
- To prepare the basis in Jeju-do for a creation of internationalized educational environment, so as to expand he self-regulation
for the qualification of domestic persons for entering an international schools, establishment and operation of a foreign college,
etc., and appointment, etc. of foreign teachers to the primary and middle school, and to make a special support from subsidy to local
education finance.
- To ensure that the Jeju high-tech science and technology complex may be created for the fosterage of the high-tech knowledge industry,
such as the biological industry, and in the mean time, with regard to the free trade zone to be crated in Jeju-do, a location of
domestic invested enterprises is permitted, and to ensure that the corporate tax and income tax, etc. are reduced or exempted for
the said located enterprises.
- To ensure that the corporate tax, income tax and customs, and the rental fees, etc. of the national and public properties are reduced
or exempted for the domestic and foreign investors by introducing the system of Jeju investment promotion zone for inducing the investment
in the tourist industries.
- To ensure that the customs, value-added tax, special consumption tax, liquor tax, etc. are reduced, exempted or refunded for the
goods bought at the designated duty-free shops and carried outside Jeju-do by the domestic persons travelling Jeju-do.
- To ensure that the taxes such as the special consumption tax and the additional charge, etc. under the National Sports Promotion
Act are reduced or exempted for the act of admission to a golf course within Jeju-do.
- To ensure that the permission for casino business may be granted to a foreign investor in whose case the amount of investment in
tourism business is not less than five hundred million US Dollars, which, including himself, are not linked to any crime or other
illegal act, notwithstanding the provisions of the Tourism Promotion Act.
- To prepare the basis for establishing a general settlement organ under the control of the Do governor to deal swiftly and in bulk
with the business affairs relating to development project execution approval and the civil petitions to be directly treated in relation
to foreign investment.
SPECIAL ACT ON JEJU FREE INTERNATIONAL CITY
Wholly Amended by Act No. 6643, Jan. 26, 2002
Amended by Act No. 6655, Feb. 4, 2002
Act No. 6841, Dec. 30, 2002
Act No. 6842, Dec. 30, 2002
Act No. 6852, Dec. 30, 2002
Act No. 6916, May 29, 2003
Act No. 7157, Jan. 29, 2004
Act No. 7159, Jan. 29, 2004
Act No. 7210, Mar. 22, 2004
Act No. 7561, May 31, 2005
Act No. 7604, Jul. 21, 2005
Act No. 7678, Aug. 4, 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the growth of the nation by developing Jeju-do into a free international city and also
to the improvement of welfare of its residents by encouraging them to preserve their own local culture as well as their nature and
resources, foster their own local industries, and create pleasant living amenities.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows:
1.The term Free International City means a regional unit in which special cases of the relaxation of regulations and national assistance
are put into effect in order to guarantee to the maximum degree the convenience for the international movement of people, goods,
and capital and for business activities;
2.The term Master Plan for Jeju Free International City (hereinafter referred to as the Master Plan ) means the comprehensive and
fundamental plan formulated under Article 4 in order to achieve the purpose as defined in Article 1; and
3.The term development project means a project executed on the basis of the Master Plan as referred to in Article 4.
Article 3 (Obligation of State, etc.)
(1)The State shall formulate and implement a comprehensive policy for developing Jeju-do into a free international city and adopt
the measures to support it.
(2)The local government of Jeju-do shall formulate and implement such plans and policies as may be required to enable Jeju-do to develop
into a free international city, with the participation of its residents and in cooperation with other local governments.
CHAPTER II FORMULATION,ETC.OFMASTERPLANFORJEJUFREE INTERNATIONAL CITY
Article 4 (Formulation of Master Plan)
(1)The Governor of Jeju-do (hereinafter referred to as the Do governor ) shall formulate the Master Plan that contain the matters
of the following subparagraphs:
1.Matters concerning the fundamental policies for developing Jeju-do into a free international city;
2.Matters concerning the promotion of international exchanges and cooperation including the designation of Jeju-do as the Island
of World Peace ;
3.Matters concerning the exploitation, development, and preservation of land, water, and other natural resources;
4.Matters concerning the exploitation, development, and preservation of the seas;
5.Matters concerning the preservation of the natural environment and the prevention of pollution thereof;
6.Matters concerning the development of the local society and the improvement of the living environment;
7.Matters concerning the promotion of agriculture, forestry, livestock farming and fishery;
8.Matters concerning the promotion of local industries in the areas of tourism, high-technology, distribution, finance, etc.;
9.Matters concerning the preservation of local culture and the advancement of culture and arts;
10.Matters concerning the exploitation, development, and preservation of tourist resources (including the resources of culture-based
tourism);
11.Matters concerning public health, medical service, and social welfare;
12.Matters concerning the improvement of foreigner s accommodation;
13.Matters concerning the improvement of education and the nurture of talented people;
14.Matters concerning social infrastructures, such as roads, seaports, airports, information and communication system;
15.Matters concerning the development of water resources, electricity, and other energy resources;
16.Matters concerning the construction and promotion of infrastructure for local informatization;
17.Matters concerning arrangement for necessary financial resources to be invested in development projects, etc.; and
18.Such other matters as are deemed by the Do Governor to be necessary.
(2)In formulating the Master Plan, the Do Governor shall go through deliberation thereof by the Committee on the Deliberation of the
Master Plan for Jeju Free International City as provided in Article 11 (hereinafter referred to as the Master Plan Deliberation
Committee ).
(3)The Master Plan shall take precedence of any other development plans formulated under other Acts and subordinate statutes: Provided,
That the same shall not apply in case of matters concerning military affairs.
(4) Necessary matters concerning the procedures and methods for the formulation of the Master Plan shall be determined by the Presidential
Decree.
Article 5 (Decision on Master Plan)
(1)The Do Governor shall obtain consent to the Master Plan from the Jeju-do Council (hereinafter referred to as the Do Council )
and consult with the heads of the relevant administrative agencies thereupon, and then shall decide thereon with the approval of
the President after going through the deliberation of the Jeju Free International City Promotion Committee as provided in Article
10 (hereinafter referred to as the Promotion Committee ).
(2)In case of modification of the Master Plan, the Do Governor may modify it with the approval of the Prime Minister after obtaining
consent thereto from the Do Council and going through the deliberation thereof from the Promotion Committee: Provided, That, as respects
such minor items as provided by the Presidential Decree, they may be modified after the deliberation of the Master Plan Deliberation
Committee.
(3)In case of modification or revocation of the Master Plan, the Do Governor shall take preventive measures for the residents concerned
not to be liable to property damages.
(4)The Do Governor shall publicly notify the Master Plan decided or modified pursuant to paragraphs (1) and (2) under the conditions
as prescribed by the Presidential Decree, of which he shall also notify the heads of the relevant central administrative agencies,
the Jeju-do Superintendent of Education Board, the competent heads of Sis/Guns, and the Jeju Free International City Development
Center as provided in Article 72 (hereinafter referred to as the Development Center ).
Article 6 (Investment Plan by Year)
(1)The Do Governor shall formulate an investment plan by the year in line with the Master Plan and refer it to the Promotion Committee
for deliberation before he obtains approval thereof from the Prime Minister. The same shall also apply in case where he desires to
modify this plan.
(2)Necessary matters concerning the contents of the investment plan by year and the procedures and methods for the formulation thereof
shall be determined by the Presidential Decree.
Article 7 (Execution Plans)
(1)The Development Center shall formulate the project execution plans for the promotion of Jeju Free International City that it intends
to implement in accordance with the Master Plan (hereinafter referred to as the execution plans ) and obtain approval thereof from
the Minister of Construction and Transportation. The same shall apply also in case where he desires to modify the execution plans.
(2)In approving the execution plans under paragraph (1), the Minister of Construction and Transportation shall be required to hear
the opinion of the Do Governor, and consult with the heads of the relevant central administrative agencies, on his proposal to approve
it: Provided, that the same shall not apply in case of modification of such minor items as provided by the Presidential Decree.
(3)Necessary matters concerning the contents of the execution plans and the procedures and methods for the formulation thereof shall
be determined by the Presidential Decree.
Article 8 (Plans for Facilities Serving Large Area)
(1)If there is a need for a large area constituting the same life zone to be extensively developed for an efficient implementation
of the Master Plan, the Do Governor may formulate and implement plans for facilities serving such a large area, after he has fulfilled
obligations to hear the opinions of the heads of Sis/Guns concerned on his proposal to do so.
(2)There shall be included such projects as for facilities of transportation, water supply, sewage disposal, waste disposal, energy
supply, information and communication, etc. in the plans for facilities serving a large area as referred to in paragraph (1), and
a separate plan may, if necessary, be made in relation to a particular individual facility.
(3)The plans for facilities serving a large area as provided in paragraph (1) shall be referred to the Master Plan Deliberation Committee
for deliberation before the Do Governor decides on the plans with the consent of the Do Council, and thereafter they shall publicly
be notified under the conditions as prescribed by the Municipal Ordinance of Jeju-do (hereinafter referred to as the Jeju-do Municipal
Ordinance ).
(4)The execution of the projects undertaken under the plan for facilities serving a large area as decided on and publicly notified
under paragraph (3) shall be subject to the procedures as provided by the Acts relating to those projects concerned.
(5)The Do governor may, if he deems it necessary to rationally preserve and manage water-supply sources and to stably supply the tap
water of good quality, may jointly operate the provincial tap-water pipelines that are installed by Jeju-do in accordance with subparagraph
7 of Article 3 of the Water Supply and Waterworks Installation Act and the local tap-water pipelines installed by the competent Si/Gun
in accordance with subparagraph 8 of Article 3 of the same Act. In this case, the Do governor shall be deemed the general waterwork
business operator (referring to the general waterwork business operator involved in the provincial tap-water pipelines) provided
for in subparagraph 20 of the same Article. <Newly Inserted by Act No. 7157, Jan. 29, 2004>
Article 9 (Private Investment Promotion Plan)
(1)The Do Governor or the competent heads of Sis/Guns shall prepare a private investment promotion plan containing matters set forth
in the following subparagraphs in order to formulate the investment plan by year as referred to in Article 6 and promote the attraction
of private investments:
1.Scope of projects eligible for the attraction of private investment; and
2.Matters concerning assistance in attracting private investment.
(2)The Do Governor or the competent heads of the Sis/Guns, who have formulated the private investment promotion plan under paragraph
(1), shall, under the conditions as prescribed by the Jeju-do Municipal Ordinance, publicly notify this plan and hold a meeting to
give a briefing thereupon to those who desire to take part in development projects.
(3)A private investment promotion committee shall be established in the local government of Jeju-do in order to deliberate on the
private investment promotion plan under paragraph (1) and assist activities for the promotion of the attraction of private investments,
and an office of private investment promotion assistance shall also be established under the direct control of the Do Governor.
(4)Necessary matters concerning the organization and operation of the private investment promotion committee and the office of private
investment promotion assistance as referred to in paragraph (3) shall be determined by the Jeju-do Municipal Ordinance.
CHAPTER III JEJUFREEINTERNATIONAL CITYPROMOTIONCOMMITTEE, ETC.
Article 10 (Jeju Free International City Promotion Committee)
(1)A Jeju Free International City Promotion Committee shall be established under the authority of the Prime Minister in order to deliberate
on the matters of the following subparagraphs in relation to the development of Jeju Free International City:
1.Matters concerning the formulation and modification of the Master Plan;
2.Matters concerning the formulation and modification of the investment plan by year;
3.Matters concerning financial assistance required for the execution of development projects;
4.Matters concerning the designation and development of Jeju high-tech science and technology complex and Jeju investment promotion
zone;
5.Matters concerning the designation of Jeju-do as the Island of World Peace ;
6.Matters concerning the execution of projects carried out by the Development Center;
7.Matters concerning coordination, etc. between the Development Center and the local governments in their performance of duties; and
8.Other matters concerning the development of Jeju Free International City.
(2) The Promotion Committee shall consist of not more than 30 members designated by the President, and the Prime Minister shall be
its chairman.
(3) A working subcommittee on the Promotion of Jeju Free International City (hereinafter referred to as the working subcommittee
) shall be established under the Promotion Committee to examine and adjust in advance such cases as are submitted for the deliberation
of the Promotion Committee as well as to deal with matters delegated by the Promotion Committee.
(4) Necessary matters concerning the organization, operation, etc. of the Promotion Committee and the working subcommittee, except
such matters as provided in this Act, shall be determined by the Presidential Decree.
Article 11 (Master Plan Deliberation Committee for Jeju Free International City)
(1) A Master Plan Deliberation Committee shall be established in Jeju-do in order to deliberate on matters that are related to the
Master Plan, which are set forth in the following subparagraphs:
1.Matters concerning objectives, guidelines, and their criteria necessary for the formulation of the Master Plan;
2.Matters concerning the overall coordination in the Master Plan;
3.Matters concerning the deliberation on the plans for facilities serving a large area:
4.Matters concerning the reflection of the residents opinion on the Master Plan and their participation therein;
5.Matters concerning the transfer of benefits that may result from development back to the area concerned;
6.Matters concerning the evaluation of the Master Plan; and
7.Such other matters as may be determined by the Jeju-do Municipal Ordinance.
(2) The Master Plan Deliberation Committee shall consist of not more than 23 members including one chairman and two vice chairmen.
(3) The Do Governor shall be chairman of the Master Plan Deliberation Committee, and the Deputy Governor for Administrative Affairs
and a person elected from among the members of the Master Plan Deliberation Committee shall be vice chairmen.
(4) Members of the Master Plan Deliberation Committee shall be appointed or entrusted by the Do Governor under the conditions as prescribed
by Jeju-do Municipal Ordinance: Provided, That the Jeju-do Superintendent of Education Board and the competent heads of Sis/ Guns
shall be ex officio members.
(5) Necessary matters concerning the organization, operation, etc. of the Master Plan Deliberation Committee, except such matters
as provided in this Act, shall be determined by the Jeju-do Municipal Ordinance.
CHAPTER IV DESIGNATIONOFISLAND OFWORLDPEACEAND OVERSEAS COOPERATION
Article 12 (Designation of Island of World Peace)
(1) The State may designate Jeju-do as Island of World Peace with a view to contributing to world peace and to establishing the peace
and stability of the Korean peninsula.
(2) The State and local governments may carry out the following projects and activities necessary for performing the function and
role as the Island of World Peace under paragraph (1):
1.Activities to invite organizations relating to international peace and cooperation to place their seats or offices in Jeju-do;
2.Establishment of a research institute for the study of international cooperation;
3.Activities to invite international conferences on world peace and cooperation to be held in Jeju-do;
4.Projects to promote mutual exchanges and cooperation between South and North Korea; and
5.Projects to promote other international cooperation.
(3) The State shall provide such administrative and financial assistance necessary for carrying out the projects and activities as
referred to in paragraph (2).
(4) Necessary matters concerning the designation of the Island of World Peace and the execution of projects and activities relating
thereto as well as administrative and financial assistance under paragraphs (1) through (3) shall be determined by the Presidential
Decree.
Article 13 (Overseas Cooperation)
The local government of Jeju-do may promote mutual cooperation and exchanges with the local governments of foreign countries in the
fields of economy, culture, education, science, technology, sports, environment, tourism, etc.
CHAPTER V VISA-FREEENTRYAND PROMOTIONOFSMOOTHFOREIGN LANGUAGECOMMUNICATION FORCONVENIENCEOFFOREIGN VISITORS
Article 14 (Entry of Foreigners)
(1) Foreigners who enter Jeju-do through its airport or seaport in order to stay there for the purpose of tourism, transit, etc. as
defined in Article 10 of the Immigration Control Act as one of the categories of sojourn permit may, notwithstanding Article 7 of
the same Act, be admitted without any visa unless they are nationals of such countries as are separately designated by the Minister
of Justice.
(2) In the case of foreigners who enter Jeju-do under paragraph (1), their period of sojourn may, notwithstanding Article 10 of the
Immigration Control Act, be determined by the Minister of Justice separately from the period of sojourn provided thereunder.
Article 15 (Sojourn Area Extension Permit, etc.)
(1) If a national of such a country as is separately designated by the Minister of Justice, who has entered Jeju-do under Article
14, desires to travel from Jeju-do to other places within the Republic of Korea, the Minister of Justice may, at the request of the
foreigner concerned, grant him a sojourn area extension permit under the conditions as prescribed by the Presidential Decree.
(2) Any person who has been granted a sojourn area extension permit under paragraph (1) may sojourn in other places within the Republic
of Korea without any other visa.
(3) In granting a sojourn area extension permit, the Minister of Justice may, if deemed necessary, require a person who invited the
foreigner concerned or other interested person to give a guarantee of the good behavior of the foreigner.
(4) In any case where a foreigner falls under any of the following subparagraphs, the Minister of Justice may revoke the sojourn area
extension permit the foreigner has obtained under paragraph (1):
1.Where the guarantor for the foreigner withdraws his guarantee or where the guarantor has disappeared;
2.Where it is discovered that the foreigner has obtained the sojourn area extension permit, etc. by falsity or by other illegal method;
3.Where the foreigner failed to observe the conditions of the sojourn area extension permit he has been granted;
4.Where there comes into being a grave cause that may not be compatible with the continuation in force of the sojourn area extension
permit due to change of circumstances; and
5.Where the foreigner is in grave violation of this Act or other Acts or where he has violated a legitimate order given by an immigration
officer in the exercise of his duties.
(5) In any case where a foreigner who is required to obtain a sojourn area extension permit under paragraph (1) travels from Jeju-do
to other area within the Republic of Korea, an immigration officer or any other competent officer may, in the exercise of his duties,
ascertain whether the foreigner bears such a permit at the airport or the seaport of his departure.
(6) Procedures for the guarantee of a good behavior under paragraph (3), the revocation of permit under paragraph (4), and the ascertainment
of sojourn area extension permit under paragraph (5) shall be determined by the Presidential Decree.
Article 16 (Prohibition of Providing Ship Service, etc.)
(1) No person shall travel a foreigner who has failed to obtain a sojourn area extension permit under Article 15 (1), or shall assist
him to be traveled, to other areas within the Republic of Korea.
(2) No person shall provide a foreigner who has failed to obtain a sojourn area extension permit under Article 15 (1) with shipping
or flight service or other transportation service (hereinafter referred to as shipping service, etc. ), or offer him a passport
or a seaman s passport, for the purpose of traveling him to other areas within the Republic of Korea.
(3) No person shall conceal a foreigner who has traveled, or is traveling, to other area within the Republic of Korea or assist him
to escape, or provide him with shipping service, etc. for such purposes, in violation of Article 15 (1).
Article 17 (Obligation of Carrier, etc.)
(1)In any case where a foreigner, who is required to obtain a sojourn area extension permit under Article 15 (1), is to board a ship,
etc. plying between Jeju-do and other area within the Republic of Korea in order to travel from there to such other area, the captain
or the carrier of this ship, etc. shall ascertain whether the foreigner has obtained the sojourn area extension permit and shall,
if he failed to do so, prevent the foreigner from boarding.
(2)In any case where the captain or the carrier of a ship, etc. has become aware that the ship has been boarded by a foreigner who
failed to obtain the permit as provided in Article 15 (1), the said captain or the said carrier shall, without delay, notify this
fact to the chief of the district immigration office (hereinafter referred to as the chief of the district office ) or the chief
of a branch office of the district immigration office (hereinafter referred to as the chief of the branch office ).
Article 18 (Notifying Obligation of Public Officials, etc.)
In any case where a State or local public official has, in the process of performing his duty, discovered a foreigner who has traveled
or is traveling from Jeju-do to other area within the Republic of Korea without the acquisition of the sojourn area extension permit
as provided in Article 15 (1), he shall, without delay, notify this fact to the chief of the district office, branch office, or immigration
processing center.
Article 19 (Application, etc. of Immigration Control Act)
(1)The provisions of Article 81 of the Immigration Control Act shall apply in case of conducting investigation into the present state
of sojourn of foreigners who enter Korea under Article 14 of this Act.
(2)Regulations and procedures governing the treatment of persons falling under subparagraph 1 of Article 46 of the Immigration Control
Act shall apply to a foreigner who has traveled from Jeju-do to other area within the Republic of Korea without the acquisition of
the sojourn area extension permit under Article 15 (1).
(3)Regulations and procedures governing the treatment of persons in violation of Article 12-2 of the Immigration Control Act shall
apply mutatis mutandis to a person in violation of Article 16 of this Act.
(4)Regulations and procedures as determined by the Immigration Control Act shall apply mutatis mutandis to procedures for the exercise
of duties under this Act, such as immigration inspection, sojourn control, investigation, detention, deportation, etc. unless there
exist any special provisions in this Act.
(5)The Minister of Justice may delegate his authority under Article 15 (1), (3), and (4) to the chief of a district office or branch
office under the conditions as prescribed by the Presidential Decree.
Article 20 (Provision, etc. of Foreign Language Service)
(1)In receiving and processing official documents written in foreign language within the area of Jeju-do, the State and local governments
shall provide foreign language service for the convenience of foreign investors, etc.
(2) The local government of Jeju-do shall adopt and carry out the policies necessary for assisting Jeju-do residents to enhance their
proficiency in foreign language, and the State shall provide necessary assistance for such policies to be successfully implemented.
(3)Necessary matters concerning the scope, methods, etc. of provision of foreign language service under paragraph (1) shall be determined
by the Presidential Decree.
Article 20-2 (Re-transmission of Foreign Broadcasts)
The CATV broadcasting business operator who runs his broadcasting business for Jeju-do may set up and operate the number of channels
that are used for retransmitting foreign broadcasts within the scope prescribed by the Presidential Decree, notwithstanding Article
70 (1) of the Broadcasting Act.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 20-3 (Payment Accruing from Ordinary Transactions)
The price accruing from ordinary transactions that are executed in Jeju-do with their scale not exceeding the scale set by the Presidential
Decree may be paid and received directly by parties to such transactions by means of the payment of foreign exchange in accordance
with Article 3 (1) 4 of the Foreign Exchange Transactions Act.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 20-4 (Opening of Medical Institutions and Pharmacies to Which Foreigners Are Exclusively Accessible)
(1)Any foreigner (referring to the foreigner provided for in Article 2 (1) 1 of the Foreign Investment Promotion Act; hereafter in
this Article the same shall apply) may open a medical institution in Jeju-do, which renders his medical services exclusively for
foreigners, after obtaining permission therefor from the Minister of Health and Welfare. In this case, the kinds of medical institutions
that render the medical services only for foreigners shall be general hospitals, hospitals, dental clinics and sanatoriums provided
for in Article 3 of the Medical Service Act.
(2)Any foreigner may open a pharmacy in Jeju-do, to which only foreigners are accessible, after having the pharmacy registered with
the Minister of Health and Welfare.
(3)The Minister of Health and Welfare shall, when he intends to grant permission for opening any medical institution to which only
foreigners are accessible, go through the deliberation thereon and the resolution thereof of the Promotion Committee.
(4)Any medical institution or any pharmacy that each opens for the purpose of rendering its medical services or its pharmaceutical
services only for foreigners under this Act shall be deemed the medical institution and the pharmacy that each opens under the Medical
Service Act and the Pharmaceutical Affairs Act.
(5)Any medical institution and any pharmacy that open for the purpose of rendering its medical services and its pharmaceutical services
only for foreigners under paragraphs (1) and (2) shall not be each deemed the sanatorium provided for in the National Health Insurance
Act, notwithstanding Article 40 (1) of the same Act.
(6)Any doctor, any dentist or any pharmacist who each holds a foreign license may, if each of them is in conformity with the standards
set by the Minister of Health and Welfare, work for any medical institution and any pharmacy that each opens for rendering its medical
services and its pharmaceutical services only for foreigners. In this case, any doctor or any dentist who each holds a foreign license
shall not be deviated from the permitted scope of medical professionals by the medical service business provided for in Article 2
of the Medical Service Act.
(7)Any doctors, any dentists or any pharmacist who each works for any medical institution or any pharmacy that each renders its medical
services or its pharmaceutical services only for foreigners shall be prohibited from running the medical service business or the
pharmaceutical service business for local people.
(8)Any person who opens any medical institution or any pharmacy that each renders its medical services or its pharmaceutical services
only for foreigners shall put up signs inside and outside his facilities, which explicitly indicate to local people that his medical
institution or his pharmacy is opened in order to render the medical services or the pharmaceutical services exclusively for foreigners.
(9)In the event that the Minister of Health and Welfare intends to prescribe separately necessary matters concerning the application
of the relevant rules governing medical institutions and pharmacies that are opened exclusively for foreigners, he shall go through
the deliberation thereon of the Promotion Committee.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
CHAPTER VI CREATION OF ENVIRONMENT OF GLOBALIZATION-ORIENTED EDUCATION
Article 21 (Special Case to Requirements for Admission to Foreigners Schools)
As respects those foreigner s schools under Article 60-2 of the Elementary and Secondary Education Act which are established within
Jeju-do, the requirements for admission shall be subject to the provisions of the Presidential Decree notwithstanding the provisions
of the same Act.
Article 22 (Special Case to Establishment and Administration of Foreign Universities)
Notwithstanding Articles 3 and 10 of the Private School Act, a special case to foreign colleges or universities established and operated
within Jeju-do shall be determined by the relevant Act.
Article 23 (Special Case to Appointment of Foreign Contract Teacher)
Notwithstanding Article 21 of the Elementary and Secondary Education Act, Article 32 (1) of the Public Educational Officials Act,
and Articles 52 and 54-4 (1) and (3) of the Private School Act, a person who has the authority to appoint teachers may appoint foreigners
as contract teachers under the conditions as prescribed by the Presidential Decree if it is necessary for foreign language education
in high schools and other schools of different levels under high school located in Jeju-do.
Article 24 (Special Case to Schools and School Curriculums)
(1)With regard to the elementary and secondary schools located in Jeju-do, the schools and their curriculums may be operated under
the conditions as prescribed by the Presidential Decree without applying Articles 21 (1), 24 (1), 26 (1), 29 (1), 31, 39, 42, and
46 of the Elementary and Secondary Education Act.
(2)Any teachers and students, etc. who take part in such schools and curriculums as are run under paragraph (1) shall not be subject
to any disadvantages due to their being involved therein.
Article 24-2 (Special Case for Establishing and Operating International High School)
(1)In the case of a high school that is located in Jeju-do and established with the aim of training the internationalized and professional
manpower by educating them in international relations and the specific areas of foreign countries, etc. (hereinafter referred to
the international high school ), contractual terms concerning appointment qualifications, appointment period, pays. working conditions,
teaching records and academic attainments, etc. shall be prescribed under the conditions as prescribed by the Presidential Decree
and foreign teachers necessary to operate the school s curriculum may be appointed according to such contractual terms, notwithstanding
the provisions of Article 21 of the Elementary and Secondary Education Act, Articles 6 and 32 (1) of the Public Educational Officials
Act and Articles 52 and 54-4 (1) and (3) of the Private School Act.
(2)The provisions of Articles 23, 24, 26, 29 and 46 of the Elementary and Secondary Education Act may not be applied to the international
high school.
(3) The principal of the international high school may permit foreigners who are recognized to have academic attainments higher than
those of junior high school graduates to enroll in the international high school, notwithstanding the provisions of Article 47 of
the Elementary and Secondary Education Act.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 25 (Special Case to State Assistance for Education)
The State may provide the local government of Jeju-do with a special assistance of local educational subsidies under the Local Education
Subsidy Act under the conditions as prescribed by the Presidential Decree if it is deemed necessary in order to achieve educational
objectives related with the development of Jeju Free International City.
CHAPTER VII PRESERVATION AND MANAGEMENT OF NATURAL ENVIRONMENT
Article 26 (Basic Policies for Preservation and Management of Natural Environment)
(1)In formulating and implementing development policies and plans, the local governments of Jeju-do and competent Si/Gun, and the
Development Center shall pursue an environmentally sound and sustainable development and shall also endeavor to preserve and manage
the natural environment in such a manner as not only to have all Jeju-do residents share benefits therefrom but also to ensure that
next generations may have the same opportunities to exploit it.
(2)The local governments of Jeju-do and competent Si/Gun shall endeavor to enact their basic environment ordinances and to formulate
and implement their basic environment preservation plans including matters set forth in the following subparagraphs in order to systematically
preserve and manage the natural environment and to ensure that their residents may live healthy and comfortable lives in a pleasant
and agreeable natural environment: <Amended by Act No. 7157, Jan. 29, 2004>
1.Presentation of the objectives and direction of environmental conservation;
2.Analysis of the features of the regional environment and future prospects therefor;
3.Plan for the preservation and restoration of the natural environment and ecosystem, etc.;
4.Matters concerning the preservation and management of urban and natural sceneries; and
5.Matters concerning the management of the Jeju-do biosphere preservation area designated by the UNESCO.
(3)The Do Governor or the competent head of Si/Gun shall endeavor to define and carry out practical tasks, etc. to be performed on
the basis of such fundamental values and ideas as the whole regional society must share in order to continue an environmentally sustainable
development.
(4) The Do governor may set up an environment preservation fund in order to secure financial resources necessary to implement the
basic environment preservation plans referred to in paragraph (2) under the conditions as prescribed by the Do ordinance. <Newly
Inserted by Act No. 7157, Jan. 29, 2004>
(5) The fund referred to in paragraph (4) shall be raised by financial resources falling under each of the following subparagraphs:
Provided, That in this case, the financial resources referred to in subparagraphs 1 through 4 shall be limited to the portion that
reverts to the Do: <Newly Inserted by Act No. 7157, Jan. 29, 2004>
1.The subsidy used to cover the cost of collecting the environment improvement charges under the Environment Improvement Expenses
Liability Act;
2.The subsidy used to cover the cost of collecting the emission imposition amount under the Clean Air Conservation Act;
3.The subsidy used to cover the cost of collecting the discharge imposition amount under the Water Quality Conservation Act;
4.Fines for negligence that are imposed to and collected from violators of environment-related Acts, such as the Act on the Assessment
of Impacts of Works on Environment, Traffic, Disasters, etc., the Clear Air Conservation Act and the Water Quality Conservation Act;
and
5.The amount transferred from the general account and other special accounts of Jeju-do.
(6)The State may financially support the environment preservation fund referred to in paragraph (4). <Newly Inserted by Act No.
7157, Jan. 29, 2004>
Article 27 (Absolute Preservation Area)
(1) The Do Governor may designate an area falling under any of the following subparagraphs as an area where the unique features of
the natural environment must be protected (hereinafter referred to as absolute preservation area ) after he has fulfilled obligations
to hear the opinion of the head of Si/Gun concerned on his proposal to do so and to obtain consent thereto from the Do Council. In
case of modification thereof, the same shall also apply:
1.Areas with beautiful natural scenery, such as Halla Mountain, parasitic volcanoes, valleys, rivers, lakes and marshes, waterfalls,
islets, beaches, seashores, lava tunnels;
2.Areas necessary for the preservation of water resources and cultural assets;
3.Habitats or refuges for wildlife;
4.Virgin forest areas which are ecologically important; and
5.Other areas which are deemed by the Do Governor to be necessary for the preservation of the natural environment.
(2)If the Do Governor has designated or modified an absolute preservation area pursuant to paragraph (1), he shall forthwith give
notification thereof under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(3)There shall not be permitted within the absolute preservation area as provided in paragraph (1) such acts as the construction of
a building, setting up of a structure and other facilities, alteration to land form and nature, partition of land, public waters
reclamation, logging, exploitation of soil and stones, construction of new roads, or any other acts similar thereto, which may be
contrary to the purposes of the designation of such an area: Provided, That this shall not apply where acts which fall under any
of the following subparagraphs have been permitted by the Do Governor: <Amended by Act No. 7678, Aug. 4, 2005>
1.Construction works carried out by the State or local governments, such as works for a path up mountain, promenade, forest path,
roads, public lavatory, pavilion, meteorological observation facilities, and park facilities under the Natural Park Act;
2.Afforestation project carried out as a forest management plan under the Forestry Act, which is not accompanied by logging or alteration
to land form and nature;
2. Forest project which is a project carried out under the forest management plan as referred to in the Creation and Management of
Forest Resources Act, and which does not accompany a deforestation or the alteration of the form and quality of land; Enforcement
Date: Aug. 5, 2006
3.Activities performed for the purposes of academic research and study;
4.Extension or alteration to the existing buildings in the precincts of a religious establishment which was constructed before the
designation of the absolute preservation area; and
5.Such other activities as determined by the Jeju-do Municipal Ordinance insofar as they cause neither damages nor alteration to natural
resources in their original form.
(4)A person who has already undertaken a construction work or project by obtaining an authorization, permission, approval, etc. on
the construction of a building, setting up of a structure and other facilities, or alteration to land form and nature, etc. pursuant
to the relevant Acts and subordinate statutes at the time of the designation of the absolute preservation area as provided in paragraph
(1) (including a case where no permission is required under the relevant Acts and subordinate statutes) may continue his work without
any permission of the Do Governor notwithstanding paragraph (3).
Article 28 (Relative Preservation Area)
(1) The Do Governor may designate an area falling under any of the following subparagraphs as an area reserved for the encouragement
of the preservation and optimum development of the natural environment (hereinafter referred to as the relative preservation area
) after he has fulfilled obligations to hear the opinion of the head of Si/Gun concerned on his proposal to do so and to obtain consent
thereto from the Do Council. In case of modification thereof, the same shall also apply:
1.Areas which require the preservation of their ecosystem or scenery, such as parasitic volcanoes, rivers, valleys, major roadsides,
seashores; and
2.Other areas than absolute preservation areas which require conservation.
(2)There shall not be permitted within a relative preservation area as provided in paragraph (1) such acts as the construction of
a building, setting up of a structure and other facilities, alteration to land form and nature, or any other acts similar thereto,
which may be contrary to the purposes of the designation of such an area: Provided, That this shall not apply where acts which fall
under any of the following subparagraphs have been permitted by the Do Governor: <Amended by Act No. 6655, Feb. 4, 2002>
1.Acts which fall under any of subparagraphs of Article 27 (3);
2.Construction of a museum or an art gallery as referred to in Article 2 of the Museum and Art Gallery Support Act;
3.Construction of a two or less story building (including an attached building and parking facility), which relates to farming, forestry,
livestock farming or fishery, or to the operation of sales or accommodation services for income earning;
4.Construction of a two or less story building in a settlement district as referred to in Article 37 (1) 8 of the National Land Planning
and Utilization Act, Class district unit planning zone as referred to in Article 51 (3) of the said Act, or in a tract of land
which falls within building site in the classification of land category as provided in Article 5 of the Cadastral Act;
5.Construction of roads, setting up of facilities for the survey of flowing water of rivers and groundwater, digging of drainage canals,
or setting up of similar structures or facilities going with farming, forestry, livestock farming, or fishery;
6.Deforestation and exploitation of soil and stones;
7.Setting up or piling up of such objects as are difficult to move; and
8.Construction of buildings, setting up of structures and facilities, or alteration to land form and nature, which are in conformity
with the types and dimensions as provided by the Jeju-do Municipal Ordinance.
(3)The provisions of Article 27 (2) and (4) shall apply mutatis mutandis to relative preservation areas.
Article 29 (Designation of Management and Preservation Area)
(1)The Do governor may designate areas necessary to preserve groundwater resources, ecosystem and sceneries as management and preservation
areas from among the areas on the island, with the exception of Halla National Park, urban areas and islands annexed to Jeju-do.
(2)The management and preservation areas referred to in paragraph (1) shall be designated after subdividing it into a groundwater
resources preservation area, an ecosystem preservation area and an scenery area (hereinafter referred to as the preservation area
) according to its environmental characteristics and the preservation areas may be further subdivided by class. In this case, for
designating the preservation area and standards for setting the class shall be prescribed by the Do ordinance.
(3)The Do governor shall, if he intends to designate any management and preservation area, check the matters falling under each of
the following subparagraphs:
1.Groundwater resources preservation area:
(a) The characteristic elements of geological structure, including medulla oblongatas, lava caves, fallen areas, etc.; and
(b) Soil elements, including the pollution index of soil;
2.Ecosystem preservation area:
(a) Plant elements, including rare plants, plants on the brink of extinction, special plants, indigenous plant community and natural
forests, etc.; and
(b) Animal elements, including rare animals, animals on the brink of distinction, natural and monument animal habitats and hunting
areas, etc.; and
3.Scenery preservation area: Scenic elements, including adventive volcanos, rivers, hills and major roadsides, etc.
(4)The Do governor shall, when he intends to designate any management and preservation area under paragraph (1), obtain the consent
of the Do Assembly after hearing the opinion of the head of Si/Gun having jurisdiction over the area.
(5)The Do governor shall, when he designates any management and preservation area in accordance with paragraphs (1) through (4), shall
promptly publish his designation of such area under the conditions as prescribed by the Do ordinance.
(6)The provisions of paragraphs (3) through (5) shall apply mutatis mutandis to a change in and the cancellation of the designation
of any management.
(7)With regard to any area that is designated and published as a management and preservation area, the Do governor shall routinely
check the matters referred to in paragraph (3) according to the classification of the preservation area. In this case, necessary
matters concerning the check shall be prescribed by the Do ordinance.
[This Article Wholly Amended by Act No. 7157, Jan. 29, 2004]
Article 30 (Restrictions on Act in Management and Preservation Area)
(1)Every person shall be prohibited from performing the act falling under each of the following subparagraphs: In this case, specific
details concerning the prohibition of the act by the preservation area and its classification shall be prescribed by the Do ordinance
within the scope falling under each of the following subparagraphs: <Amended by Act No. 7157, Jan. 29, 2004>
1.Groundwater preservation zone:
(a) Setting up of facilities that may produce specific water polluting by-products;
(b) Setting up of facilities related to the disposal of wastes;
(c) Setting up of facilities that may discharge sewage;
(d) Setting up of facilities that may discharge livestock waste water; and
(e) Alteration to land form and nature;
2.Ecosystem preservation zone: Forest damage and alteration to land form and nature; and
3.Scenery preservation zone: Construction of buildings, setting up of structures and other facilities, and alteration to land form
and nature.
(2)The provisions of paragraph (1) shall not apply to acts falling under any of the following subparagraphs: <Amended by Act No.
6655, Feb. 4, 2002; Act No. 7157, Jan. 29, 2004; Act No. 7678, Aug. 4, 2005>
1.Alteration and extension for the same use to the existing buildings or facilities at the time of designating the management and
preservation area (limited to an extension not exceeding twice the floor area of the existing building);
2.Projects that are being carried out with an authorization, permission, etc. granted under the relevant Acts and the subordinate
statutes at the time of designating the management and preservation area (including any project for which an application is filed
for its authorization and permission);
3.Acts that fall under any of subparagraphs of Article 27 (3);
4.Acts conducted in an urban area under the National Land Planning and Utilization Act;
5.Implementation of forest management plans and afforestation projects under the Forestry Act;
5.Implementation of forest management plans and afforestation projects under the Creation and Management of Forest Resources Act;
Enforcement Date: Aug. 5, 2006
6.Construction of independent housing units, storehouses, barns, places for fruit selecting work, and any other facilities similar
thereto in a settlement district under the National Land Planning and Utilization Act; and
7.Public facilities that are determined by the Jeju-do Municipal Ordinance, which may have no choice but to be installed on a site
in the management and preservation area.
(3)Any person who intends to perform the act falling under each subparagraph of paragraph (2) shall, if facilities installed by the
act cause the flow of filthy water or wastewater or such facilities are waste-treatment facilities, such waste-treatment facilities
are required to keep effluents below the water-quality standards of effluents, which are set by the Do ordinance. <Newly Inserted
by Act No. 7157, Jan. 29, 2004>
(4)With regard to the act of violating the water-quality standards for effluents referred to in paragraph (3), the Do governor or
the head of Si/Gun may order improvements or levy emission imposition amount, etc. under the conditions as prescribed by the Do ordinance
in accordance with the Acts falling under each of the following subparagraphs: <Newly Inserted by Act No. 7157, Jan. 29, 2004>
1.The Act on the Disposal of Sewage, Excreta, and Livestock Wastewater in the case of filthy-water causing facilities, excreta treatment
facilities, livestock wastewater treatment public facilities and livestock wastewater treatment facilities;
2.The Water Quality Conservation Act in the case of wastewater causing facilities; and
3.The Wastes Control Act in the case of waste treatment facilities.
Article 31 (Claim for Purchase of Land)
(1)In the event that the owner of any land, whose land classification is a site (including any building and any fixture on the relevant
land; hereafter in this Article the same shall apply) and such land is no longer possible to be used for the previous purpose on
the grounds that the land is designated as the land falling under each of the following subparagraph, the owner of such land may
file a claim for the purchase of his land by the Do governor under the conditions as prescribed by the Do ordinance:
1.The land that is prescribed by the Do ordinance from among the lands located in the management and preservation area; and
2. The land that is located in the area that is designated as an absolute preservation area from among urban areas under the National
Land Planning and Utilization Act.
(2)The Do governor shall, when he purchases any land for the purchase of which a claim is filed under paragraph (1), pay the price
therefor in cash: Provided, That in the case falling under each of the following subparagraphs, the Do government may issue bonds
(hereinafter referred to as the preservation area bonds ) to pay the price in accordance with Article 115 of the Local Autonomy
Act:
1.Where the owner of land wants the price of his land paid in bonds; and
2.Where the price for purchasing the land that is owned by any absentee real estate owner or for purchasing the land for non-business
use, both of which are prescribed by the Do ordinance, is in excess of a certain amount set by the Do ordinance, and the excess amount
is paid.
(3)The period of repaying the preservation area bonds shall be not more than 10 years and the interest rate of the preservation area
bonds shall be not less than the average of the one-year maturity time deposit interest rate to which financial institutions having
their nationwide business areas apply from among financial institutions that are granted authorization in accordance with the Banking
Act and the specific repayment period and interest rate shall be prescribed by the Do ordinance.
(4)The provisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis
to the purchase price of the land for the purchase of which a claim is filed under paragraph (1) and procedures for purchasing the
land, except as especially provided for in this Act.
(5)Procedures for issuing the preservation area bonds and other necessary matters shall be governed by the Local Finance Act, except
as especially provided for in this Act.
(6)With respect to the land for the purchase of which a claim is filed under paragraph (1), the Do governor shall purchase the land
within 4 years from the date on which such claim is filed.
[This Article Wholly Amended by Act No. 7157, Jan. 29, 2004]
Article 32 (Designation, etc. of Preservation Resources)
(1)If the Do Governor deems it necessary for the protection of resources of Jeju-do, he may designate such resources as the Jeju-do
Municipal Ordinance specifies from among rare species of wildlife and plants endemic to Jeju-do, mineral deposits, etc. as resources
required to be conserved (hereinafter referred to as preservation resources ).
(2)If the Do Governor has designated preservation resources under paragraph (1), it shall be publicly notified without delay.
(3)If the Do Governor deems it necessary for the protection of preservation resources, he may prohibit such acts as the capture, lumbering,
gathering, or damaging of preservation resources, may give orders to report such acts, to prohibit the opening or transferring of
them, or to remove obstacles, or may take other necessary measures, under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(4)If the Do Governor deems it necessary for the protection of preservation resources, he may incur or assist expenses for their management
or protection.
(5) Any person who desires to buy and sell preservation resources within Jeju-do or to take them out of Jeju-do (in the case of coral
sands, referring to an area other than the seaside area where they exist) shall obtain permission from the Do Governor under the
conditions as prescribed by the Jeju-do Municipal Ordinance.
(6)In case where a person suffered loss due to a disposition as prescribed in paragraph (3), the Do Governor shall compensate him
for the loss.
Article 33 (Special Case to Groundwater Development and Exploitation Permission, etc.)
(1)Any person who intends to develop and use groundwater in Jeju-do shall obtain permission therefor from the Do governor, notwithstanding
the provisions of Articles 7, 7-2, 7-3 and 8 of the Groundwater Act, the provisions of Articles 9 and 9-2 of the Management of Drinking
Water Act: Provided, That the same shall not apply to the case of Article 8 (1) 3 of the Groundwater Act. <Amended by Act No.
7157, Jan. 29, 2004>
(2)If a person who has obtained the permission as provided in paragraph (1) desires to extend the duration of groundwater development
and exploitation or to modify part of the permitted items, he shall obtain approval from the Do Governor under the conditions as
prescribed by the Jeju-do Municipal Ordinance.
(3)In a case falling under any of the following subparagraphs, the Do Governor shall not grant the permission as provided in paragraph
(1) in the interest of the optimum preservation and management of groundwater: Provided, That this shall not apply where a local
public enterprise established under the Local Public Enterprises Act intends to produce and sell the product set forth in subparagraph
1, insofar as it does not become obstacles to the preservation and management of groundwater: <Amended by Act No. 7157, Jan. 29,
2004>
1.Where a person desires to produce and sell potable spring water as referred to in subparagraph 3 of Article 3 of the Management
of Drinking Water Act;
2.Where a person desires to produce and sell soft drinks or alcoholic liquors made by using groundwater in a proportion of 98/100
or more; and
3.Other cases as determined by the Jeju-do Municipal Ordinance for the purposes of the prevention of groundwater pollution and excessive
development.
(4)A person who desires to obtain the groundwater development and exploitation permission (including the extension of the duration
of the permit and the modification of the permit) under paragraphs (1) and (2) shall. under the conditions as prescribed by the Jeju-do
Municipal Ordinance, prepare the statement of groundwater development impact and submit it to the Do Governor for examination in
advance.
(5)In granting the permission referred to in paragraphs (1) and (2), the Do governor may, if he deems it necessary to properly manage
groundwater, restrict the quantity of water intake from groundwater under the conditions as prescribed by the Do ordinance. <Amended
by Act No. 7157, Jan. 29, 2004>
(6)The Do governor may, if he deems it necessary to properly manage groundwater, order the installer of groundwater development and
utilization facilities to take measures to utilize groundwater jointly with owners of establishments or lands in and around such
groundwater under the conditions as prescribed by the Do ordinance. In this case, with respect to any person who refuses or fails
to go along with the joint-utilization measures without any justifiable grounds, the Do governor may restrict the quantity of his
water intake or revoke his permission granted to such person for groundwater development and utilization. <Amended by Act No.
7157, Jan. 29, 2004>
(7) The Do governor may, if he deems it necessary to prevent the groundwater from drying up on the grounds of a drought and excessive
water intake, etc., take phased measures to restrict the quantity of water intake and temporarily suspend the use of groundwater
under the conditions as prescribed by the Do ordinance. <Amended by Act No. 7157, Jan. 29, 2004>
(8)The Do governor may designate the area falling under each of the following subparagraphs as the groundwater-resources special control
area under the conditions as prescribed by the Do ordinance. In this case, details of such designation shall be published under the
conditions as prescribed by the Do ordinance: <Newly Inserted by Act No. 7157, Jan. 29, 2004>
1.The area where the level of groundwater significantly falls or the level of groundwater is highly feared to fall;
2.The area where seawater or saltwater is highly feared to infiltrate and the density of chlorine in groundwater is in excess of the
water quality standard of drinking water;
3.The area where the development and utilization of groundwater is needed to be restricted for the future demand for water; and
4.Other area that is prescribed by the Do ordinance as being necessary to preserve the quantity and quality of groundwater.
(9)The Do governor shall, when he designates any groundwater-resources special control area and publish his designation thereof in
accordance with paragraph (8), develop a control program for the groundwater-resources in the area under the conditions as prescribed
by the Do ordinance. <Newly Inserted by Act No. 7157, Jan. 29, 2004>
(10)The provisions of Articles 8 and 9 shall apply mutatis mutandis to any change in the groundwater-resources special control area.
<Newly Inserted by Act No. 7157, Jan. 29, 2004>
(11)The Do governor may restrict granting the permission for the development and utilization of groundwater, the period of such permission
and the quantity of water intake in the groundwater-resources special control area under the conditions as prescribed by the Do ordinance.
<Newly Inserted by Act No. 7157, Jan. 29, 2004>
(12)In the event that any person who has obtained the permission referred to in paragraph (1) falls under each of the following case,
the Do governor may revoke his permission: Provided, That in the event the person falls under Article 10 (1) 1, 8 and 9 of the Groundwater
Act and subparagraph 2, his permission shall be revoked: <Newly Inserted by Act No. 7157, Jan. 29, 2004>
1.Where he falls under each subparagraph of Article 10 (1) of the Groundwater Act; and
2.Where his business permission is revoked in accordance with Article 40 (1) of the Management of Drinking Water Act.
Article 33-2 (Installment and Operation of Rainwater Utilization Facilities, etc.)
(1)Any person who intends to install facilities, etc. that result in changing the form and quality of any golf course, any tourist
complex or any land that each exceeds a certain scale shall install and operate rainwater utilization facilities or groundwater artificial-recharge
facilities (hereinafter referred to as the rainwater utilization facilities, etc. ) in order to efficiently use rainwater and increase
the quantity of groundwater recharge.
(2)With respect to any person who installs the rainwater utilization facilities, etc. referred to in paragraph (1), the Do government
may subsidize part of the cost of such facilities under the conditions as prescribed by the Do ordinance.
(3)The scope of the act of installing the rainwater utilization facilities, etc., the scale of the rainwater utilization facilities,
etc., standards for managing them and other necessary matters concerning the installation and operation of the rainwater utilization
facilities, etc. shall be prescribed by the Do ordinance.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 34 (Special Case for Order Given to Prevent Groundwater from Being Polluted, etc.)
(1)Any person shall be prohibited from pouring, draining or treating substances, including polluted water and wastewater, etc., which
are not treated below the standards set by this Act or other Acts and may pollute groundwater, into underground.
(2)The Do governor may, if he deems it necessary to prevent groundwater from being polluted, set and enforce standards for installing
the groundwater development and utilization facilities and supervising the works of installing groundwater development and utilization
facilities, etc. under the conditions as prescribed by the Do ordinance.
(3)The Do governor may restrict the supply and use of agricultural chemicals that are feared to greatly pollute groundwater in order
to prevent such agricultural chemicals from polluting groundwater. In this case, details of the restrictions on the supply and use
of agricultural chemicals shall be published under the conditions as prescribed by the Do ordinance.
(4)A judgment on the restrictions on the supply and use of agricultural chemicals referred to in paragraph (3) shall be made based
on the results of an assessment of groundwater pollution danger, and matters concerning the assessment shall be prescribed by the
Do ordinance.
[This Article Wholly Amended by Act No. 7157, Jan. 29, 2004]
Article 35 (Collection of Charges, etc. for Unprocessed Groundwater)
(1)The Do governor may impose and collect the price for unprocessed groundwater to and from the person falling under each of the following
subparagraphs in order to secure financial resources necessary to properly preserve and manage groundwater: <Amended by Act No.
7157, Jan. 29, 2004>
1.Person who has obtained permission for developing and utilizing groundwater in accordance with Article 33; and
2.Person who has used hot-spring water after obtaining permission for utilizing hot spring in accordance with Article 13 of the Hot
Spring Act.
(2)With respect to any person who has used groundwater or hot spring water without obtaining permission therefor in accordance with
Article 33 and Article 13 of the Hot Spring Act or has evaded paying the price for unprocessed groundwater by means of illegality,
the Do governor may collect the price for unprocessed groundwater and surcharges within the scope of not exceeding five times the
relevant price for unprocessed groundwater. <Amended by Act No. 7157, Jan. 29, 2004>
(3)As respects charges for unprocessed groundwater and surcharges as provided in paragraphs (1) and (2), the methods of their assessment,
procedures for their imposition and their collection, their abatement and exemption, etc. shall be determined by the Jeju-do Municipal
Ordinance. <Amended by Act No. 7157, Jan. 29, 2004>
(4)With respect to any person who has failed to pay the price for unprocessed groundwater or the surcharges within the payment time
limit referred to in paragraphs (1) and (2), such price for unprocessed groundwater and such surcharges shall be collected according
to the example of a disposition taken to collect the local tax in arrears. <Newly Inserted by Act No. 7157, Jan. 29, 2004>
Article 35-2 (Application of Groundwater Act)
The Groundwater Act shall apply to matters concerning groundwater except as otherwise provided for in this Act.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 36 (Special Case of Prior Examination, Consultation, etc. for Environmental Compatibility)
(1)As regards the examination of and consultation on the environmental compatibility of a project designed for the maintenance of
the optimum environmental standards and the preservation of the natural environment as referred to in Article 11 (1) of the Framework
Act on Environmental Policy, a consultation with the Do Governor shall, notwithstanding Article 11 (2) of the same Act, be required
if the contents of the project constitute part of the Master Plan: Provided, That, in examining the environmental compatibility,
the Do Governor shall be required to hear the opinion of the Minister of Environment.
(1)In carrying out a prior examination of environmental compatibility for the maintenance of propriety of the environmental standards,
and the preservation of the natural environment as referred to in Article 25 of the Framework Act on Environmental Policy, a consultation
with the Do Governor shall be held, notwithstanding Article 25-3 of the same Act, if the project contents thereof are included in
the Master Plan: Provided, That the Do Governor shall hear the opinion of the regional environmental agency in having the consultation.
<Amended by Act No. 7561, May 21, 2005> Enforcement Date: Jun. 1, 2006
(2)The environmental impact statement as referred to in Articles 10 and 15 of the Management of Drinking Water Act shall, notwithstanding
the provisions of the relevant Act and subordinate statutes, be submitted to the Do Governor for examination.
Article 37 (Special Case to Report on Assessment of Impact on Environment, Traffic, Disaster, etc.)
(1)The head of an administrative agency who has the authority to decide on the approval of a project that is carried out within Jeju-do,
which requires the assessment of impact under Article 4 of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters,
etc. and a person who carries out a project that does not require such approval shall, notwithstanding the provisions of Article
17 (2) and (3) of the same Act, request a consultation with the Do Governor about the report on the assessment of impact prepared
under Article 5 of the same Act: Provided, That, in consultation about the report on the assessment of impact on the environment,
the Do Governor shall be required to hear the opinion of the Minister of Environment thereupon and reflect it in his decision to
the maximum, and both the Do Governor and the Minister of Environment shall, under Article 26 of the Act on Assessment of Impacts
of Works on Environment, Traffic, Disasters, etc., adopt joint measures required to ascertain whether the decisions consulted are
being implemented and to supervise a sustained implementation thereof.
(2)In examining the report on the assessment of impact submitted for the consultation as provided in paragraph (1), the Do Governor
shall establish a Committee on the Deliberation of the Jeju-do General Impact Assessment (hereinafter referred to as the General
Assessment Deliberation Committee ) to deliberate on the report, and necessary matters for the organization and operation of the
General Assessment Deliberation Committee shall be determined by the Jeju-do Municipal Ordinance.
Article 38 (Special Case to Deliberation on Construction Plan)
(1)Where a person desires to construct a building in such an area as the Do Governor designates and publicly announces as an area
of preservation because it is deemed necessary to preserve the natural or urban landscape of the area, he shall submit his plan of
construction to the Si/Gun board of construction as provided in Article 4 of the Building Act for deliberation on such matters as
shape, color and roads, etc. before he makes a basic design for the building.
(2)Any person shall be prohibited from filing an application for construction permission or making a construction report provided
for in Articles 8 and 9 of the Building Act in an area that is designated and published under paragraph (1) (the construction report
shall be limited to the case of newly constructing any building and the case where the construction permission or the construction
report is made fictitious by the provisons of this Act or other Acts is included). <Amended by Act No. 7157, Jan. 29, 2004>
(3)The designation and public announcement of the area concerned, and the scope of the deliberation as well as procedures and standards
therefor, as referred to in paragraph (1) shall be determined by the Jeju-do Municipal Ordinance.
Article 39 (Special Case to Application of Installation and Utilization of Sports Facilities Act)
For the purpose of the environmental-friendly development of golf courses, the Do Governor may, notwithstanding Article 11 (2) of
the Installation and Utilization of Sports Facilities Act and Article 4 (4) of the Tourism Promotion Act, determine such matters
as related to the setting up of the facilities of golf courses separately by the Jeju-do Municipal Ordinance.
Article 40 (Preventive Measures against Risks of Epidemics Incidental to Entry and Removal of Livestock, Marine Products, and Plants
to Maintain Clean and Unpolluted Area)
(1)The Do Governor shall take necessary measures, such as patrols for inspection and preventive control of the risks of epidemics
caused by harmful animals and plants or by blight and noxious insects as well as investigations, etc. into cases of outbreaks of
disease, if any, in order to maintain a clean and unpolluted environment.
(2)As respects livestock, marine products, and plants brought into or taken out of Jeju-do, the Do Governor may subject them to such
required measures as inspection, injection, isolation, detention, prohibition of entry and removal, etc., if it is deemed necessary
to do so for maintaining a clean and unpolluted environment in Jeju-do.
(3)The Do Governor shall, by the Jeju-do Municipal Ordinance, determine the items prohibited from being brought in or taken out of
and the items subjected to preventive measures as provided in paragraph (2) as well as matters concerning methods and procedures
for the preventive measures and other necessary measures, etc., subject to the approval of the Minister of Agriculture and Forestry
or the Minister of Maritime Affairs and Fisheries.
Article 40-2 (Special Case for Application of Automobile Management Act)
(1)Any person who intends to newly register his automobile, change the registration of his automobile or transfer the registration
of his automobile in Jeju-do in accordance with Articles 8, 11 and 12 of the Automobile Management Act shall submit a document attesting
the security of his garage (hereinafter referred to as the garage certificate ) (referring to a parking lot, a parking facility
and a vacant area and a place, etc. that are suitable for parking automobile) to the head of Si/Gun at the time when he files an
application for the registration of his automobile.
(2)With respect to any person who fails to submit his garage certificate referred to in paragraph (1), his application for the registration
of his automobile, a change in the registration of his automobile and the transfer of the registration of his automobile provided
for in Articles 8, 11 and 12 of the Automobile Management Act may be turned down.
(3)In the event that any person who has registered his automobile, changed the registration of his automobile or transferred the registration
of his automobile under paragraph (1) changes his garage at the time when he registered his automobile, he shall make a report thereon
to the head of the competent Si/Gun under the conditions as prescribed by the ordinance of the competent Si/Gun (hereinafter referred
to the as ordinance of the Si/Gun ).
(4)In the event that any person who has newly registered his automobile, changed the registration of his automobile or transferred
the registration of his automobile under paragraph (1) falls under each of the following case, the head of Si/Gun may order him to
secure his garage under the conditions as prescribed by the ordinance of the competent Si/Gun (hereinafter referred to as the order
given to secure garage ):
1.The case where he does not have his garage at the time when he registers his automobile;
2.The case where his garage is inadequate as a garage at the time when he registers his automobile; and
3.The case where he uses his garage for other purpose at the time when he registers his automobile.
(5)With regard to any person who has failed to execute the order given to secure his garage under paragraph (4), the head of Si/Gun
may keep his license plate provided for in Article 10 of the Automobile Management Act in custody.
(6)Types of automobiles that are required to submit their garage certificates under paragraph (1), areas subject to the submission
of garage certificates, standards for securing garages, ways to secure garages and procedures for confirming the security of garages,
etc. shall be prescribed by the ordinance of the Si/Gun.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Enforcement Date: Jan. 30, 2007
CHAPTER VIII SPECIAL CASE TO INDUSTRIAL DEVELOPMENT
Article 41 (Creation and Management of Jeju High-tech Science and Technology Complex)
(1)The Minister of Construction and Transportation may create a Jeju high-tech science and technology complex (hereinafter referred
to as the science and technology complex ) as a national industrial complex as referred to in Article 6 of the Industrial Sites
and Development Act in order to develop such high-technology industries as biotechnology, information and communications, to promote
their related technology research, and to nurture the specialized manpower, etc. in Jeju-do.
(2)The creation of the science and technology complex as referred to in paragraph (1) shall be subject to procedures for the designation
and development of a national industrial complex as prescribed by the Industrial Sites and Development Act: Provided, That, notwithstanding
Article 11 (1) of the same Act, the Development Center may request the Minister of Construction and Transportation to designate the
science and technology complex, and the Minister of Construction and Transportation may, notwithstanding Article 16 (1) of the same
Act, designate the Development Center as a project executor.
(3)If the Minister of Construction and transportation intends to designate the science and technology complex, he shall go through
the deliberation of the Promotion Committee thereon. In this case, the deliberation of the Promotion Committee shall be deemed to
be that of the Industrial Sites Policy Deliberation Committee as referred to in Article 6 of the Industrial Sites and Development
Act.
(4)The management of the science and technology complex shall be subject to procedures for the management of the industrial complex
as prescribed by the Industrial Cluster Development and Factory Establishment Act: Provided, That, notwithstanding Article 30 (2)
of the same Act, the Minister of Commerce, Industry, and Energy may entrust the Development Center with the whole or part of the
affairs of the management of the science and technology complex. <Amended by Act No. 6842, Dec. 30, 2002>
Article 42 (Designation of Jeju Investment Promotion Zone)
(1)In order to attract the investments satisfying the standards prescribed by the Presidential Decree, the Do Governor may, if necessary,
designate the area falling under each of the following subparagraphs as Jeju investment promotion zone (hereinafter referred to as
the investment promotion zone ), after going through the deliberation of the Promotion Committee thereon: <Amended by Act No.
7157, Jan. 29, 2004>
1.The area for which investors hope; and
2.The area that meets the conditions prescribed by the Presidential Decree and is deemed advantageous for facilitating the attraction
of investments.
(2)In designating the investment promotion zone as referred to in paragraph (1), the Do Governor shall publicly notify the following
matters:
1.Name, location, and area of the investment promotion zone;
2.Methods of its development or management; and
3.Such other matters as determined by the Presidential Decree.
(3)The investment promotion zone shall be placed under the management of the Development Center.
(4)Necessary matters for the procedures and methods for designation of the investment promotion zone and the management thereof shall
be determined by the Presidential Decree.
Article 43 (Rescission of Designation of Investment Promotion Zone)
(1)If the investment as referred to in Article 42 comes to fail to meet the standards prescribed by the Presidential Decree, the Do
Governor shall rescind the designation of the investment promotion zone, after going through the deliberation of the Promotion Committee
thereon.
(2)Necessary matters for the procedures, etc. for the rescission of designation of the investment promotion zone as referred to in
paragraph (1) shall be determined by the Presidential Decree.
Article 44 (Special Case to Eligibility for Free Trade Zone Location)
(1)The Minister of Commerce, Industry, and Energy may, notwithstanding Article 10 (1) 2 of the Act on the Designation and Operation
Free Trade Zones, permit a non-foreign-invested enterprise to be located within the Free Trade Zone as designated under the same
Act in Jeju-do if it is deemed necessary to do so for the purposes of the promotion of trade, distributional efficiency, and services
for assisting the Free Trade Zone enterprises in carrying on their business. <Amended by Act No. 7210, Mar. 22, 2004>
(2)The location of any enterprise that may cause environmental pollution in the Free Trade Zone designated in Jeju-do may be restricted
under the conditions as prescribed by the Minister of Commerce, Industry, and Energy.
Article 45 (Lease or Sale of State or Public Property)
(1)Notwithstanding the relevant provisions of the State Properties Act and the Local Finance Act, the Minister of Finance and Economy,
administrative agencies managing state properties, or heads of local governments may, by optional contract, either grant such rights
as to use and benefit from the lands, factories, and other state or public properties owned by the State or the local governments
(hereinafter referred to as the lands, etc. ) to the enterprises which move into the science and technology complex or the investment
promotion zone (hereafter referred to as the enterprises located in the designated area in this Article) or lend (hereinafter referred
to as lease ) or sell them to such enterprises.
(2)In case of leasing the lands, etc. owned by the State or the local governments under paragraph (1), the term of lease may be determined
within the limits of 50 years notwithstanding Articles 27 (1) and 36 (1) of the State Properties Act and Articles 82 (2) and 83 (2)
of the Local Finance Act. In this case, the term of lease may be renewed, and each renewed term may not exceed 50 years.
(3)In case of leasing the lands, etc. owned by the State or the local governments under paragraph (1), the enterprises located in
the designated area may be allowed to build factories and other permanent facilities on the lands notwithstanding Article 24 (3)
of the State Properties Act and Articles 82 (2) and 83 (2) of the Local Finance Act. In this case, the lands may be leased on condition
that, at the time of expiration of such a lease, either these facilities should be donated to the State or the local governments
or the leased lands should be restored to their original states and returned, in consideration of the types, etc. of such facilities.
(4)The rent of the lands, etc. leased under paragraph (1) shall be prescribed by the Presidential Decree, notwithstanding Articles
25 (1) and 38 of the State Properties Act and Articles 82 (2) and 83 (2) of the Local Finance Act, and may, if necessary, be indicated
in foreign currency.
(5)In case of selling the lands, etc. as provided in paragraph (1) to the enterprises located in the designated area, these enterprises
may, notwithstanding Article 40 (1) of the State Properties Act and Article 83 (2) of the Local Finance Act, be allowed to defer
the date of payment on the lands, etc. or to make payment in installments under the conditions as prescribed by the Presidential
Decree if the purchasers of the lands, etc. are deemed to have difficulty in making a lump sum payment.
(6)In case of leasing the lands, etc. owned by the State and located in the science and technology complex as referred to in Article
41 to the enterprises located in the designated area that run such businesses as prescribed by the Presidential Decree, the Minister
of Finance and Economy and the administrative agencies managing state properties may, notwithstanding Article 34 of the Industrial
Cluster Development and Factory Establishment Act and Article 38 of the Industrial Sites and Development Act, accord them a reduction
of or exemption from the rent for the lands, etc. under the conditions as prescribed by the Presidential Decree. <Amended by Act
No. 6842, Dec. 30, 2002>
(7)In case of leasing the lands, etc. owned by the local governments to the enterprises located in the designated area, the heads
of the local governments may, notwithstanding Articles 82 (2) and 83 (2) of the Local Finance Act, accord them a reduction of or
exemption from the rent for the lands, etc. under the conditions as prescribed by the Presidential Decree.
Article 46 (Financial Assistance, etc.)
(1)If the Development Center requests financial assistance to create the science and technology complex, loans to finance cost for
acquiring the lands to be leased to the enterprises located in the investment promotion zone, reduction of or exemption from the
rent for the lands, etc. and funds required for other development projects, the State or the local governments shall provide assistance
as much as possible.
(2) Procedures and criteria for the financial assistance with which the State provides the Development Center under paragraph (1)
shall be determined by the Promotion Committee under the conditions as prescribed by the Presidential Decree.
(3)The State and local governments may administratively and financially support the project undertaken to expand mainland-linking
transportation facilities (referring to airports and harbors) of Jeju-do. <Newly Inserted by Act No. 7157, Jan. 29, 2004>
(4)Jeju-do and the competent Si/Gun may, if it is deemed necessary to facilitate investments in Jeju-do, pay employment subsidies
and education and training subsidies, etc. to enterprises that make investments in Jeju-do under the conditions as prescribed by
Do or Si/Gun ordinance. <Newly Inserted by Act No. 7157, Jan. 29, 2004>
Article 47 (Designation, etc. of Special Shipping Registration Zone)
(1)An open port in the area of Jeju-do as provided in Article 3 of the Public Order in Open Ports Act shall be designated as a special
shipping registration zone in order to promote shipping registration therein.
(2)Ships which have been registered with the Minister of Maritime Affairs and Fisheries under Article 4 of the International Ship
Registration Act, which use the open port under paragraph (1) as their port of registry as well as foreign ships as prescribed by
the Presidential Decree may be exempted from acquisition tax, property tax, common facilities tax, local education tax, and special
rural development tax under the conditions as prescribed by the Local Tax Act and the Act on Special Rural Development Tax.
(3)Necessary matters concerning the designation and operation, etc. of the special shipping registration zone shall be determined
by the Presidential Decree.
Article 47-2 (Promotion of Water Leisure Industry, etc.)
(1)The Do governor shall develop and implement policy steps necessary to promote the water leisure industry and water leisure activities.
(2)The State may, if it is deemed necessary to promote the water leisure industry and water leisure activities, etc. referred to in
paragraph (1), support them.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 48 (Creation of Infrastructure for Information and Communication Industry)
(1)The Do Governor shall promote the informatization in public and industrial sectors as well as individual lives and adopt policies
required to develop Jeju-do into a strategic point of the world information and communication service by achieving connection among
all levels of public agencies, business companies, and private homes by information and communication network and further connecting
this domestic network system with the whole world.
(2)The Do Governor shall formulate and implement the Jeju-do basic informatization promotion plan that includes the matters of the
following subparagraphs in order to implement such policies as referred to in paragraph (1) and to develop the information and communication
industry:
1.Matters concerning regional informatization promotion;
2.Matters concerning the attraction of and assistance for high-tech information and communication-related facilities;
3.Matters concerning measures for promoting Jeju-do as a leading area in the exchanges of information;
4.Matters concerning the nurture of technical manpower specializing in information and communication;
5.Matters concerning the establishment of a coordination office for tourist guidance in order to obtain scientific statistical data
about the tourists by inclination, who visit Jeju-do through airport or seaport; and
6.Other matters necessary for the development of information and communication industry.
(3)If it is necessary for the promotion of the policies under paragraph (1) and the efficient promotion of the Jeju-do basic informatization
promotion plan under paragraph (2), the State shall give administrative and financial assistance including technical assistance.
Article 49 (Promotion of Agriculture, Forestry, Livestock Farming, and Fishery)
(1)The Do Governor shall formulate and execute plans for the development of agriculture, forestry, livestock farming, and fishery
(hereinafter referred to as the development plans ) in order to strengthen their competitiveness, ensure stable income for farmers
and fishermen, and promote a balanced development as compared with that of other industries.
(2)The development plan shall include the matters of the following subparagraphs:
1.Matters concerning the development of breeding industry, such as seed, seedlings, breeding stock, seed (shellfish);
2.Matters concerning the establishment of a system of production of agricultural, forest, livestock, and marine products that is environmental-friendly
and compatible with the regional conditions;
3.Matters concerning the development of technologies and the wide use thereof in support of strengthening the competitiveness of agriculture,
forestry, livestock farming, and fishery;
4.Matters concerning improvement in the production and distribution structure of agriculture, forestry, livestock farming, and fishery;
5.Matters concerning the development of agricultural, forest, livestock, and marine products processing industry;
6.Matters concerning the promotion of the export of agricultural, forest, livestock, and marine products;
7.Matters required for the promotion of citrus fruit industry and structural improvement therein;
8.Matters concerning the promotion of assistance and welfare, such as income assistance for farm producers;
9.Matters concerning the promotion of sideline income earning by combining agriculture, forestry, livestock farming, and fishery with
the industries of biotechnology, therapeutics technology, etc.;
10.Matters concerning the nurture of technical manpower in agriculture, forestry, livestock farming, and fishery; and
11.Other matters necessary for the development of agriculture, forestry, livestock farming, and fishery.
(3)A regional agriculture and fishery development fund shall be created under the conditions as prescribed by the Jeju-do Municipal
Ordinance in order to secure and supply funds required for the execution of development plans.
(4)The Development Center may assist the regional agriculture and fishery development fund with a part of profits accrued from the
operation of its development projects.
(5)The regional agriculture and fishery development fund shall be managed and operated by the Do Governor.
(6)The State may provide the producers of farm commodities in Jeju-do with direct payments and income subsidies, etc. in accordance
with Article 11 (2) of the Special Act on the Implementation of the Agreement Establishing the World Trade Organization. <Amended
by Act No. 7157, Jan. 29, 2004>
Article 50 (Stable Supply and Demand of Agricultural, Forest, Livestock, and Marine Products)
(1)The Do Governor may take necessary measures for the production adjustment, stock release adjustment, and quality control, etc.
of the agricultural, forest, livestock, and marine products that are produced within Jeju-do in order to promote their stable supply
and demand as well as to enhance their marketability and distributive efficiency.
(2)Necessary matters concerning the relevant items, methods, procedures, and necessary measures, etc. applicable to the production
adjustment, stock release adjustment, and quality control, etc. under paragraph (1) shall be determined by the Jeju-do Municipal
Ordinance.
CHAPTER IX PROMOTION OF TOURISM AND LOCAL CULTURE
Article 51 (Exemption or Refunds of Customs Duties, etc. for Travellers to Jeju-do)
If travellers visiting Jeju-do buy goods at a duty-free shop as prescribed by the Presidential Decree (hereinafter referred to as
the designated duty-free shop ) and take them out to other areas within the Republic of Korea, they may be exempted from the customs
duties, value-added tax, special consumption tax, liquor tax, education tax, special rural development tax, tobacco consumption tax,
and local education tax under the conditions as prescribed by the Restriction of Special Taxation Act, the Local Tax Act, etc.
Article 52 (Exemption from Taxes and Additional Charges Applicable to Acts of Entrance, etc. to Golf Course)
(1)An act of entrance to a golf course located in Jeju-do may be exempted from the special consumption tax, special rural development
tax, and education tax under the conditions as prescribed by the Restriction of Special Taxation Act.
(2)The golf courses located in Jeju-do shall be exempted from additional charges imposed on the entrance fee under Articles 19 and
22 of the National Sports Promotion Act.
Article 53 (Registration, etc. of Pension-Based Recreation Business)
(1)A person who desires to run a business which involves the construction and operation of facilities suitable for accommodation,
cooking, and nature tours in the service of the tourists which may be offered for the use of members entitled to their use, co-owners,
and other tourists or for the purposes of their accommodation (hereinafter referred to as the pension-based recreation business
) shall register his business with the Do Governor. The same shall also apply where he desires to modify a material part of the registered
matters as determined by the Jeju-do Municipal Ordinance.
(2)A person who desires to run the pension-based recreation business shall prepare the business plan and submit it to the Do Governor
for approval before he makes a registration as provided in paragraph (1). The same shall also apply where he desires to modify the
approved business plan.
(3)A person who has registered the pension-based recreation business, or who has obtained the approval of the business plan, under
paragraphs (1) and (2) may sell the pension facilities in units or invite subscriptions for membership entitled to the use of these
facilities notwithstanding Article 19 (1) of the Tourism Promotion Act.
(4)Standards, procedures, etc. for registration or modification of registration as provided in paragraph (1), standards, procedures,
etc. for the approval of the business plan or the approval of modification of the approved business plan as provided in paragraph
(2), and standards for the sale of the pension facilities in units or invitation of subscription for membership and matters concerning
the acquisition of co-ownership or the issuance of membership cards, etc. as referred to in paragraph (3) shall be determined by
the Presidential Decree.
(5)A person who has acquired the pension-based recreation business by transfer or who has taken over such business by auction, etc.
shall succeed to such rights and obligations as may accompany the registration and the approval of the business plan or the report
(in case of the sale of the pension facilities in units or the invitation of subscription for membership as referred to in paragraph
(3), including the agreement made between the pension-based recreation business enterpriser and co-owners or members). In this case,
the person who has acquired or taken over the pension-based recreation business shall report this fact to the Do Governor within
one month from the date on which he acquired it or took it over under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(6)Any person who fails to register the pension-based recreational business may not use the term pension-based recreation business
or any other name similar thereto.
(7)Where the approval of the pension-based recreation business plan or the approval of modification of the approved business plan
has been granted under paragraph (2), the provisions of Article 76 (1) and (5) 1 of the National Land Planning and Utilization Act
shall not apply to accommodation facilities built under the said business plan or any recreation facilities within the precincts
of the accommodation facilities located in any specific use area or any specific use district prescribed by the Presidential Decree
from specific use areas and specific use districts that are designated under the National Land Planning and Utilization Act, which
is determined by the Presidential Decree. <Amended by Act No. 6655, Feb. 4, 2002; Act No. 7157, Jan. 29, 2004>
(8)Where a person who has registered a pension-based recreation business or who has obtained the approval of the plan of such a business
falls under any of the following subparagraphs, the Do governor may revoke the registration or the approval, or order the suspension
of the business or the improvement of the facilities and operation of the business:
1.Where the person places the operation of the facilities of the pension-based recreation business in the charge of another person;
2.Where the person who has obtained the approval of the business plan under paragraph (2) fails to start the construction of the facilities
for the pension-based recreation business or fails to complete the construction work therefor within the period determined by the
Jeju-do Municipal Ordinance without any justifiable reason;
3.Where the person uses deceit and other wrongful methods or receives undue money and valuables in operating the pension-based recreation
business or in carrying out such a business plan; and
4.Where the person violates this Act or an order or disposition made under this Act.
(9)The detailed criteria for the disposition of revocation or suspension as provided in paragraph (8) shall be determined by the Jeju-do
Municipal Ordinance depending on the reasons or degree of violation.
(10)Where a person who registered the pension-based recreation business continues to operate his business, despite the fact that he
has been notified of the disposition of the revocation of registration or approval or the orders to suspend his business as provided
in paragraph (8), the Do Governor may take measures to close down the place of business concerned. In this case, Article 34 of the
Tourism Promotion Act shall apply to the methods, procedures, etc. for the closure of the place of business.
(11)The Do Governor shall report to the Minister of Culture and Tourism on the state of registrations, approval of the plans of business,
and the sales of the pension facilities in units or invitation of subscription for membership as referred to in paragraphs (1) through
(4).
Article 54 (Designation, etc. of Recreational Fishing Grounds)
(1)If a person who has obtained a license for the village-based fishery or the cooperative cultivating fishery under Article 9 of
the Fisheries Act applies for a designation of recreational fishing grounds in order to have a part of his fish farm designated as
such, insofar as such a designation does not become any obstacle to the said licensed fishery, the Do Governor may designate so.
In this case, the provisions of the Fisheries Act shall not apply to the methods of the catch or gathering of marine animals and
plants.
(2)The Do Governor shall, by the Jeju-do Municipal Ordinance, determine such matters as may be necessary for the designation of recreational
fishing grounds as provided in paragraph (1), limits of the depth of water, promotion of marine resources, recreational fishing,
methods and quantities of the catch or gathering of marine animals and plants, management and operation, etc. after consultation
with the Minister of Maritime Affairs and Fisheries.
(3)The Do Governor may revoke the designation of recreational fishing grounds in case where a person who has obtained such a designation
fails to operate the recreational fishing grounds in accordance with paragraph (2).
Article 55 Deleted.
<by Act No. 7159, Jan. 29, 2004>
Article 55-2 (Special Case for Application of Tourism Promotion Act)
(1)In the event that any foreigner who intends to invest in Jeju-do and at the same time to obtain a casino business license meets
the requirements falling under each of the following subparagraphs, the Minister of Culture and Tourism may grant such casino business
license in order to facilitate foreign investments in Jeju-do (referring to foreign investments provided for in Article 2 (1) 4 of
the Foreign Investment Promotion Act; hereafter the same in this paragraph shall apply) in accordance with the provisions of Article
5 (1) of the Tourism Promotion Act, notwithstanding the provisions of Article 20 of the same Act. In this case, the Minister of Culture
and Tourism may, if it is deemed necessary, attach conditions to such license or grant not less than two casino business licenses
taking into account the foreign investment amount, etc. referred to in subparagraph 1:
1.The foreign investment amount intended to be made in the tourist business is required to be not less than 500 million U.S. dollars;
2.The investment fund is required not to fall under the case of a criminal profit, etc. provided for in subparagraph 4 of Article
2 of the Act on the Regulation and Punishment of Concealment of Gains from Crimes in accordance with the final ruling of punishment;
and
3.Matters prescribed by the Presidential Decree, including the credit rating of the investor, are required to be satisfied.
(2)Any person who intends to obtain a casino business license referred to in paragraph (1) shall file an application, accompanied
by documents, including an investment plan, which are all prescribed by the Ordinance of the Ministry of Culture and Tourism, with
the Minister of Culture and Tourism for such casino business license.
(3) In the event that any casino business license is granted in accordance with paragraph (1), necessary matters concerning the place
of the casino business and the time of commencing such casino business, etc. shall be prescribed by the Ordinance of the Ministry
of Culture and Tourism.
(4)Any person who obtains a casino business license in accordance with paragraph (1) shall have facilities and machines installed
in accordance with Article 22 (1) of the Tourism Promotion Act before he commences his casino business.
(5)In the event that any person who has obtained a casino business license referred to in paragraph (1) falls under each of the following
subparagraphs, the Minister of Culture and Tourism shall revoke his casino business license:
1.The case where he has failed to fulfill his commitment of investment referred to in paragraph (1) 1;
2.The case where the investment fund has been found to fall under the case of a criminal profit, etc. provided for in subparagraph
4 of Article 2 of the Act on the Regulation and Punishment of Concealment of Gains from Crimes in accordance with the final ruling
of punishment; and
3.The case where he has violated the conditions attached to the license provided for in the partial latter part, with the exception
of each subparagraph, of paragraph (1).
(6)Any person who obtains a casino business license under paragraph (1) may get any other person to manage facilities necessary to
run such casino business, notwithstanding the provisions of Article 11 of the Tourism Promotion Act. In this case, the person entrusted
with the management of such facilities is required not to fall under the grounds of disqualification provided for in Article 21 of
the Tourism Promotion Act.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 56 (Promotion of Local Culture)
(1)The Do governor shall formulate and implement the medium and long term plans for the promotion of local culture and arts in order
to improve the quality of the lives of residents, uphold the traditional culture and arts, and promote the local culture.
(2)The plan for the promotion of local culture and arts as referred to in paragraph (1) shall include the matters of the following
subparagraphs:
1.Basic policy and plans for the promotion of local culture and arts;
2.Matters concerning the upholding and promotion of traditional culture and arts;
3.Matters concerning assistance for local organizations of arts;
4.Matters concerning the preservation of folklore and dialects;
5.Matters concerning the enlargement and improvement of culture and art facilities; and
6.Other matters necessary for the promotion of local culture and arts.
(3)In formulating the plan for the promotion of local culture and arts as referred to in paragraph (2), it shall be required for such
a plan to be submitted for the deliberation of the local culture and arts promotion committee as provided in Article 4 of the Culture
and Arts Promotion Act.
(4)The State and local governments may, if deemed necessary for carrying out local culture promotion work, contribute the state or
public properties, etc. to the persons who run the enterprises of local culture promotion, allow them to use the properties and benefit
therefrom, or lend the properties to them.
Article 57 (Designation, etc. of Local Culture Tour Area)
(1)The Do Governor may, if necessary for the finding, preservation, upholding, and promotion of local culture as well as for the promotion
of tourism, designate and develop a local culture tour area under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(2)A person who desires to obtain the designation of a local culture tour area as provided in paragraph (1) shall prepare a creation
plan therefor and obtain the approval of the Do Governor thereon. The same shall also apply where he desires to modify this plan.
(3)The Do Governor may subsidize a part of the cost required for the development of the local culture tour area as referred to in
paragraph (1) or assist such infrastructure as roads, water supply system, sewage disposal system, communication and energy supply
facilities to be made available for the creation of such an area.
Article 57-2 (Designation of Film Industry Promotion Area, etc.)
(1)The Do governor may, if he deems it necessary to develop the film industry in Jeju-do, designate a film industry promotion area
and nurture it under the conditions as prescribed by the Do ordinance.
(2) Any person who intends to obtain the designation of a film industry promotion area referred to in paragraph (1) shall draw up
a creation and development plan prescribed by the Do ordinance and obtain approval therefor from the Do governor. The same shall
apply to a case where he intends to change such creation and development plan.
(3)The Do governor may subsidize part of the cost of developing any film industry promotion area and financially support the construction
of infrastructure such as roads, water-supply facilities, sewage facilities, communications facilities and energy-supply facilities,
etc.
(4)The Do governor may set up the Jeju Film Committee in order to develop and nurture the film industry in Jeju-do. Necessary matters
concerning the composition and operation of the Committee shall be prescribed by the articles of association of the Committee.
(5)The State and local governments may allow any person who intends to produce films in Jeju-do to use State and public properties
free of charge. In this case, Jeju-do may administratively support the production of such films.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
CHAPTER X EXECUTION OF DEVELOPMENT PROJECTS
Article 58 (Preliminary Survey)
(1)The Do Governor, the head of Si/Gun, the Development Center, or a person that desires to execute a development project may conduct
a preliminary survey in order to prepare the Master Plan, the execution plans, or the project plan required for the approval of the
execution for the development project under Article 59 under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(2)The preliminary survey as provided in paragraph (1) shall include the impact of development project on the natural ecosystem and
scenery or landscapes within the development project area concerned and other matters as prescribed by the Jeju-do Municipal Ordinance.
(3)The Do Governor, the head of Si/Gun, the Development Center, or a person that desires to execute a development project may, if
deemed necessary for the preliminary survey as referred to in paragraph (1), enter the lands owned or possessed by other persons
or may temporarily use such lands for the purposes of a storehouse for materials, passage, or road.
(4)The provisions of Articles 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to compensation
for damages caused by entrance to the lands or temporary use thereof as provided in paragraph (3). <Amended by Act No. 6655, Feb.
4, 2002>
Article 59 (Execution Approval, etc. of Development Project)
(1)A person that desires to execute a development project shall obtain the execution approval from the Do Governor: Provided, That,
if the executor of the development project is the State or the Development Center, it shall be required to hear the opinion of the
Do Governor thereupon.
(2)The scope of development projects that require the execution approval or the hearing of opinion thereupon from the Do Governor
under paragraph (1) shall be determined by the Jeju-do Municipal Ordinance.
(3)A person that desires to obtain the development project execution approval or to hear opinion thereupon from the Do Governor under
paragraph (1) shall prepare the project plan and the relevant documents attached thereto and submit them to the Do Governor in accordance
with the Jeju-do Municipal Ordinance.
(4)The Do Governor may grant the development project execution approval as referred to in paragraph (1) on condition that, if a part
of requirements, such as the attached documents is incomplete, the deficiency must be remedied later under the conditions as prescribed
by the Jeju-do Municipal Ordinance.
(5)If a cooperative organization of farmers and fishermen desires to execute a development project, the Do Governor may give approval
to the organization in preference to others under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(6)A development project startup period shall not exceed two years from the date the development project execution approval is given
under paragraph (1): Provided, That, if an extension of the startup period is deemed to be inevitable, the Do Governor may extend
it within the limits of one year and no more than once.
(7)If a development project fails to be started within the project startup period as provided in paragraph (6) from the date the development
project execution approval is given under paragraph (1), the development project execution approval shall become invalidated on the
date after the expiration of the project startup period. In this case, the Do Governor shall notify this fact publicly under the
conditions as prescribed by the Jeju-do Municipal Ordinance.
(8)If the Do Governor receives an application of approval from a person that desires to obtain the development project execution approval
as referred to in paragraph (1), he shall assign a public official to the duties of dealing with the said application unless there
exists any special reason to the contrary.
(9)Paragraphs (1) through (8) shall apply mutatis mutandis where the contents of the existing development project are to be modified:
Provided, That the same shall not apply where such minor items as are determined by the Jeju-do Municipal Ordinance are to be modified.
(10)As respects a development project by foreign investment, the Foreign Investment Promotion Act shall apply notwithstanding paragraphs
(1) through (9).
Article 59-2 (Special Case for Application of National Land Planning and Utilization Act)
(1)Any area that is designated as an absolute preservation area, an relative preservation area or a management preservation area in
accordance with Articles 27 through 29 may be excluded from the assessment of land fitness, notwithstanding the provisions of Article
27 (3) of the National Land Planning and Utilization Act.
(2)The building coverage ratio and the floor area ratio of urban planning facilities, etc. prescribed by the Presidential Decree,
including amusement park facilities, from among the urban planning facilities that are installed in Jeju-do, shall be prescribed
by the Presidential Decree, notwithstanding the provisions of Articles 77 and 78 of the National Land Planning and Utilization Act.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 60 (Legal Fiction of Authorization and Permission, etc.)
(1)If a person that desires to execute a development project has obtained the execution approval of the development project or has
heard opinion thereupon under Article 59, he shall be deemed to have obtained permission, authorization, designation, or approval,
or to have gone through the formalities of consultation or report, etc., as set forth in the following subparagraphs (hereinafter
referred to as permission, etc. ): <Amended by Act No. 6655, Feb. 4, 2002; Act Nos. 6841, 6842 & 6852, Dec. 30, 2002; Act
No. 7157, Jan. 29, 2004; Act No. 7678, Aug. 4, 2005>
1.Permission for alteration to land form and nature, etc. as provided in Article 21-2 of the Grassland Act and permission for the
conversion of grassland to other use as provided in Article 23 of the same Act;
2.Permission for or report on the diversion of mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts
Act, permission for or report on felling the standing trees under Article 36 (1) and (4) of the Creation and Management of Forest
Resources Act, permission for or report on the acts within a reserved forest under Article 45 (1) and (2) of the same Act, and the
cancellation of the designation of reserved forest under Article 46 of the same Act;
3.Permission for or consultation on the conversion of farmland to other use as provided in Article 36 of the Farmland Act;
4.Approval of the use of agricultural infrastructure for purposes other than the prescribed purposes as referred to in Article 20
of the Rearrangement of Agricultural and Fishing Villages Act and approval of the rural resort area development project as referred
to in Article 67 (4) of the same Act;
5.Approval of the construction, etc. of factories as referred to in Article 13 (1) of the Industrial Cluster Development and Factory
Establishment Act;
6.Designation of the agro-industrial complex in accordance with Article 8 of the Industrial Sites and Development Act, the designation
of the undertaker of the industrial complex development project under Article 16 of the same Act and approval of the execution of
the agro-industrial complex development project in accordance with Article 19 of the same Act;
7.Consultation with or approval of the river administration agency as referred to in Article 6 of the River Act, permission for the
execution of river preservation work as provided in Article 30 of the same Act, and permission for the occupation and use, etc. of
river provided in Article 33 of the same Act;
8.License for the reclamation of public waters as prescribed in Article 9 of the Public Waters Reclamation Act, public notice under
Article 13 of the same Act, authorization and public notice of the plan of works as prescribed in Article 15 of the same Act, and
consultation or approval as referred to in Article 38 of the same Act;
9.Approval of the setting up of excreta treatment facilities as referred to in Article 21 of the Act on the Disposal of Sewage, Excreta,
and Livestock Wastewater;
10.The selection of a site for installing waste treatment facilities provided for in Article 9 of the Promotion of Installation of
Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act and approval for installing waste treatment facilities provided
for in Article 11-3 of the same Act;
11.Authorization of waterworks projects as referred to in Articles 12 and 33-2 of the Water Supply and Waterworks Installation Act
and authorization of installation of waterworks for exclusive use as provided in Articles 36 and 38 of the same Act;
12.Permission of electricity generation business, electricity transmission business, electricity distribution business, or electricity
sales business as provided in Article 7 of the Electric Utility Act and authorization of or report on the plan of works for electrical
installations for private use as provided in Article 62 of the same Act;
13.Approval of the project plan as provided in Article 12 of the Installation and Utilization of Sports Facilities Act;
14.Approval for the project plan provided for in Article 14 of the Tourism Promotion Act and designation of tourist resorts and tourist
complexes provided for in Article 50 of the same Act and approval of the formation plan under Article 52 of the same Act;
15.Permission for the occupation and use of public waters as provided in Article 5 of the Public Waters Management Act and authorization
of the plan of works as provided in Article 8 of the same Act (excluding public waters pending reclamation under license therefor);
16.Consultation with or approval of the road administration agency as referred to in Article 8 of the Road Act, permission for the
execution of road works as provided in Article 34 of the same Act, and permission for the occupation and use of roads as provided
in Article 40 of the same Act;
17.Decision on the urban management plan (limited to the urban management plan for urban planning facilities prescribed by the Presidential
Decree) provided for in Article 30 of the National Land Planning and Utilization Act, permission for development act provided for
in Article 56 of the same Act, the designation of any undertaker of the urban planning facilities project provided for in Article
86 of the same Act and authorization for the implementation plan provided for in Article 88 of the same Act;
18.Permission for the execution of the public sewage works as provided in Article 13 of the Sewerage Act and permission for the occupation
and use of the public sewage system as provided in Article 20 of the same Act;
19.Permission for the reburial of the unidentified or unidentifiable tombs as provided in Article 23 of the Funeral Services, etc.
Act;
20.Permission for the execution of harbor works as provided in Article 9 (2) of the Harbor Act and approval of the plan of works as
referred to in Article 10 (2) of the same Act;
21.Designation of the implementer of the urban development project as referred to in Article 11 of the Urban Development Act, authorization
of the establishment of the association as provided in Article 13 of the same Act, and authorization and public notice of the plan
of works as provided in Articles 17 and 18 of the same Act;
22.Approval of the plan of works for housing site development project as referred to in Article 9 of the Housing Site Development
Promotion Act;
23.Project implementation approval under Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions
for the Residents;
24.Deleted; <by Act No. 6916, May 29, 2003>
25.Permission for the construction of private roads as provided in Article 4 of the Private Road Act;
26.Permission for logging, etc. as provided in Article 14 of the Work against Land Erosion or Collapse Act and rescission of the designation
of the erosion control land as provided in Article 20 of the same Act;
27.Permission for the execution of small river preservation works as provided in Article 10 of the Small River Maintenance Act;
28.Permission for the exploitation of aggregate as provided in Article 22 of the Aggregate Picking Act;
29.Permission for the use of and benefit from State-owned properties as provided in Article 24 of the State Properties Act;
30.Permission for the use and benefit as provided in the proviso of Article 82 (1) of the Local Finance Act.
31.Construction permission and construction report provided for in Articles 8 and 9 of the Building Act;
32.Consultations about the appropriateness of supplying integrated energy provided for in Article 4 of the Integrated Energy Supply
Act;
33.Consultations about the plan to use energy under Article 8 of the Energy Use Rationalization Act; and
34.Approval for any distribution complex development implementation plan provided for in Article 11 of the Promotion of Distribution
Complex Development Act.
(2)When the Do Governor intends to approve the development project execution, or deliver his opinion thereupon under Article 59, he
shall in advance consult with the head of the relevant administrative agency thereon, if the project plan includes matters falling
under any of subparagraphs of paragraph (1).
Article 60-2 (One-Stop Agency in Charge of Development Projects)
(1)An one-stop agency in charge of clerical work involving approval for development projects provided for in Article 59 and the speedy
and blanket solution of grievances provided for in Article 17 (2) of the Foreign Investment Promotion Act shall be set up under the
Do governor.
(2)The Do governor may, if he deems it necessary to staff the one-stop agency referred to in paragraph (1), ask administrative agencies
concerned, institutions concerned and organizations to second their public officials or officers and employees to the one-stop agency.
(3)The heads of administrative agencies concerned, institutions concerned and organizations, which second their public officials and
officers and employees to the one-stop agency, shall not disadvantageously treat them in terms of promotion, transfer and welfare,
etc.
(4)The Do governor may, if it is deemed necessary to perform the clerical work referred to in paragraph (1), ask administrative agencies
concerned, institutions concerned and organizations to cooperate in furnishing material to the one-stop agency.
(5)Necessary matters concerning the composition and operation of the one-stop agency referred to in paragraph (1), with the exception
of matters prescribed in this Act, shall be prescribed by the Do ordinance.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 61 (Period Required for Processing Application for Execution Approval and Measures Taken at Expiry Thereof)
(1)The Do Governor shall take decision on the application for the development project execution approval as provided in Article 59
within the required period as determined by the Jeju-do Municipal Ordinance, and it shall be deemed that the permission, etc. has
been granted on the date after the expiration date of the required period unless the applicant has been given any notice of the rejection
of permission, etc. within the required period. In case that a notice of the rejection of permission, etc. is given within the required
period, the Do Governor shall notify the person that desires to execute the development project of the reason for rejection in writing
under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(2)In case that it is deemed that the permission, etc. has been granted under paragraph (1), the Do Governor shall, without delay,
deliver a document verifying that the permission, etc. has been granted at the request of the person who desires to execute the development
project.
(3)In case that the person that desires to execute the development project, who has been notified of the rejection as provided in
paragraph (1), submits documents verifying that the requirements for the permission, etc. as prescribed by the relevant Acts and
subordinate statutes have been fulfilled by removing reasons for the rejection of permission, the Do Governor shall grant the same
approval as was applied for within the period as determined by the Jeju-do Municipal Ordinance.
(4)Paragraph (1) shall apply mutatis mutandis to the consultation as provided in Article 60 (2): Provided, That, where the Do Governor
desires to determine a period of consultation and required documents in connection with the development project execution approval
as referred to in paragraph (1), he shall in advance consult with the head of the relevant administrative agency on the matter.
Article 62 (Designation of Expectant Project Executor)
(1)As regards a person that desires to execute a project which requires the assessment of impact of its works under Article 37 or
a project that is required to be preceded by the modification of the urban management planning under Article 30 of the National Land
Planning and Utilization Act (limited to the modification of the urban management planning done in other areas than urban areas under
Article 6 (1) of the same Act), he may be designated by the Do Governor as an expectant project executor under the conditions as
prescribed by the Jeju-do Municipal Ordinance. <Amended by Act No. 6656, Feb. 4, 2002>
(2)The expectant project executor designated under paragraph (1) shall obtain the project execution approval within two years from
the date of such designation and, if he fails to obtain the approval within the two years, his status as expectant project executor
shall become invalidated on the date after the lapse of two years from the date on which he was designated as such: Provided, That,
where the interim period allowed for obtaining the development project approval must inevitably be extended for reasons of undergoing
a process of the assessment of impact, etc., it may be extended within the limits of one year and no more than once.
Article 63 (Entrustment of Acquisition of Land, etc.)
(1)As regards lands, etc. to be used for development projects (referring to the lands, etc. as provided in subparagraph 1 of Article
2 of the Act on the Special Cases concerning the Acquisition of Lands for Public Use and the Compensation for Their Loss; hereinafter
the same shall apply), a project executor may entrust the acquisition of such lands, etc., compensation for loss, the management
of purchase and sale thereof, etc. to the Do Governor, the heads of Sis/Guns, government-invested institutions, local public corporations,
and other persons as determined by the Jeju-do Municipal Ordinance under the conditions as prescribed by the Jeju-do Municipal Ordinance.
(2)Matters concerning the fees, etc. payable for the entrustment of the affairs of acquisition, compensation for loss, management
of purchase and sale of the lands, etc. under paragraph (1) shall be determined by the Jeju-do Municipal Ordinance.
Article64(Mutatis Mutandis Application of Other Acts to Development Project Area)
(1)Articles 26 and 27 of the Industrial Sites and Development Act shall apply mutatis mutandis to the reversion of public facilities
and restrictions on the disposal of the state and public lands within the development project area, for which the project execution
approval has been granted under Article 59.
(2)Article 8 of the Act on the Special Cases concerning the Acquisition of Lands for Public Use and the Compensation for Their Loss
shall apply mutatis mutandis to the relocation assistance for those persons who may lose their means of livelihood due to the transfer
of their own lands and things or rights within the development project area under paragraph (1).
Article 65 (Reduction of or Exemption from Taxes)
If it is necessary for implementing development projects smoothly, the benefit of reduction of or exemption from such taxes as corporate
tax, income tax, customs duties, acquisition tax, registration tax, property tax, and aggregate land tax may be given not only to
the investors or the enterprises in the investment promotion zone, the science and technology complex, and the free trade zone, but
also to those who invest in development project areas or who transfer or acquire the lands, etc. within development project areas,
under the conditions as prescribed by the Restriction of Special Taxation Act, the Customs Act, and the Local Tax Act.
Article 66 (Reduction or Exemption of Charges, etc.)
If it is necessary for the smooth implementation of a development project, the development charges, farmland preservation charges,
substitute grassland creation charges, substitute forest resources creation charges, the occupation or use fees of public waters,
and the occupation or use fees of river may be reduced or exempted under the conditions as prescribed by the Restitution of Development
Gains Act, the Farmland Act, the Grassland Act, the Management of Mountainous Districts Act, the Public Waters Management Act and
the River Act. <Amended by Act No. 6841, Dec. 30, 2002; Act No. 7157, Jan. 29, 2004; Act No. 7604, Jul. 21, 2005>
Article 67 (Assistance for Vendors of Lands, etc.)
(1)The Do Governor or the Development Center may recommend a project executor to adopt measures set forth in the following subparagraphs
to assist vendors who have sold their lands that are required for the execution of the development project:
1.If vendors of lands within development project areas desire to operate tourist souvenir shops, direct sale stores for farm, forestry,
livestock, and marine products, rest stops, etc. in the business place created by the development project concerned, measures to
give them operational rights to do so; and
2.If vendors of lands desire to make land contributions or cash investments, measures to execute the joint development with the project
executor.
(2)If the Do Governor or the Development Center makes recommendations as referred to in paragraph (1), the project executor shall
comply with such recommendations unless it becomes any obstacle to the execution of the development project.
(3)As regards those persons that own lands in the development project areas concerned, who are farmers, foresters, and fishermen as
provided in subparagraph 2 of Article 2 of the Act on the Special Measures for Development of Agricultural and Fishing Villages,
the Do Governor may allow them to invest in the development project in preference to others and may assist them in making such investments
with funding from the special account.
Article 68 (Preferentially Treated Development Project)
(1)The Do Governor shall promote preferentially treated development projects under the conditions as prescribed by the Jeju-do Municipal
Ordinance.
(2)The preferentially treated development projects under paragraph (1) are as follows:
1.A project in which Jeju-do residents invest not less than 50 percent of the total invested capital or a project of which 80 percent
or more of the total employees are Jeju-do residents;
2.A project which may have outstandingly widespread economic or environmental influence over agriculture, forestry, livestock industry,
and fishery;
3.A project which requires special development in the interests of the promotion of local culture and arts as well as the promotion
of tourism;
4.A project which requires special development in the interests of the promotion of tourism, such as tourist souvenir making business,
folk-wine manufacturing and selling business; and
5.Other projects as deemed by the Do Governor to be necessary for improving the welfare of Jeju-do residents.
(3)In order to promote the preferentially treated development projects smoothly, the Do Governor may, if deemed necessary, provide
subsidies or loans to those who run such projects.
Article 69 (Assistance for Neighborhood to Development Project Area)
The Do Governor or the Development Center may assist projects for solving the inconveniences of the residents caused by the execution
of development projects performed under the project execution approval as provided in Article 59 (1) or for improving their living
environment, and may also provide loans or subsidies to assist the residents of the area concerned in undertaking an income-earning
business, etc. in order to enhance their income standards.
Article 70 (Priority Given to Employment of Neighborhood Residents)
Any person who has obtained the development project execution approval under Article 59 shall give priority for employment to the
residents in the neighborhood to the development project area concerned.
Article 71 (Establishment of Special Account for Jeju-do Development Projects)
(1)A special account for Jeju-do development projects (hereinafter referred to as the special account ) shall be established in order
to secure and assist funds required for development projects.
(2)The Do Governor shall manage and operate the special account.
(3)The revenues of the special account shall be as follows: <Amended by Act Nos. 7157 & 7159, Jan. 29, 2004>
1.Contributions from the State and the local governments;
2.Funds transferred from the general account or other special accounts of Jeju-do;
3.Financial resources obtained from the disposals of the public properties located within development project area;
4.Contributions from individuals, corporations, cooperatives, and other organizations;
5.Price for unprocessed groundwater and surcharges provided for in Article 35;
6.Assistance and loan as provided in Article 6 of the Special Accounts on Land Management and Balanced Regional Development Act;
7.Proceeds from the sale of lottery tickets which are distributed in accordance with Article 23 (1) of the Lottery Tickets and Lottery
Fund Act;
8.Profits accrued from the investments as referred to in Article 103 (1); and
9.Revenues other than those referred to in subparagraphs 1 through 8.
(4) The expenditures of the special account shall be disbursed for the purposes of funding for the projects set forth in the following
subparagraphs:
1.Funding for the preservation and management of local culture and cultural properties;
2.Funding for promoting the agriculture, forestry, livestock industry, and fishery;
3.Funding for promoting the tourist industry;
4.Funding for programs for the improvement of living environment, public health, and social welfare;
5.Funding for improving and preserving the regional environments;
6.Funding for promoting education, culture, and arts;
7.In case of running preferentially treated development project under Article 68, funding for loans to finance such a project;
8.Subsidies or loans provided to the organizations of farmers and fishermen that desire to invest in development projects;
9.Subsidies and loans provided to assist an income-increasing project which is jointly promoted by the residents;
10.If a local government is a project executor, funding for purchasing lands located within the development project area concerned;
11.Funding for the preservation and management of groundwater;
12.Funding for the management and operation of the special account;
13.Funding for the promotion of regional informatization programs; and
14.Funding for such other projects as are determined by the Jeju-do Municipal Ordinance in order to achieve the objectives of the
establishment of the special account.
(5)Such matters as may be necessary for the formulation and operation of the revenues and expenditure of the special account shall
be determined by the Jeju-do Municipal Ordinance.
CHAPTER XI JEJU FREE INTERNATIONAL CITY DEVELOPMENT CORPORATION
Article 72 (Establishment)
A Jeju Free International City Development Center shall be established for the purpose of an efficient promotion of development projects
designed to build Jeju Free International City.
Article 73 (Legal Personality and Offices)
(1)The Development Center shall be a juristic person.
(2) The place of the principal office of the Development Center shall be determined by the articles of association.
(3)The Development Center may, if necessary, establish branch offices under the conditions as prescribed by the articles of association.
Article 74 (Registration)
(1) The Development Center shall be established by effecting the registration of incorporation in the place where its principal office
is located.
(2) Necessary matters concerning the registration of incorporation and other registrations of the Development Center shall be determined
by the Presidential Decree.
(3) Such matters as require the registration under paragraph (1) shall not be effective in respect of third parties before the registration
is completed.
Article 75 (Articles of Association)
(1)The following matters shall be entered in the articles of association of the Development Center:
1.Purpose;
2.Name;
3.Place of the principal office;
4.Matters concerning the affairs of the Development Center and the execution thereof;
5.Matters concerning assets and accounting;
6.Matters concerning the executive and the staff;
7.Matters concerning the board of directors;
8.Matters concerning the modification of the articles of association; and
9.Matters concerning public notice.
(2)If the Development Center desires to modify its articles of association, it shall obtain approval from the Minister of Construction
and Transportation.
Article 76 (Functions)
(1)The Development Center shall perform the functions set forth in the following subparagraphs: <Amended by Act No. 7157, Jan.
29, 2004>
1.Formulation and implementation of the project execution plans for the promotion of Jeju Free International City;
2.Execution of the following projects designed for the development of Jeju Free International City:
(a) Acquisition of lands and their development, possession, management, supply, and lease;
(b) Creation and management of the science and technology complex and the investment promotion zone;
(c) and (d) Deleted; and <by Act No. 7157, Jan. 29, 2004>
(e) Such other matters as may be necessary for the development of Jeju Free International City, such as assistance projects designed
for enhancing the income standards of Jeju-do residents;
3.Investment attraction business falling under each of the following items in connection with the Jeju free international city:
(a) Attraction of investment at home and abroad and marketing and publicity therefor;
(b) Consulting, guide, publicity and survey for local and foreign investors and other comprehensive supportive business, including
the clerical work performed by proxy for the solution of grievances, etc.; and
(c) Other matters necessary to support local and foreign investments; and
4.The following profit-making projects designed for creating such funds as may be required for the development of Jeju Free International
City:
(a) Operation of the designated duty-free shops;
(b) Outdoor advertizing business; and
(c) Such other projects as approved by the Minister of Construction and Transportation.
(2) In order to efficiently carry out the functions and projects as referred to in paragraph (1), the Development Center may, subject
to the decision of the board of directors, establish a subsidiary company and invest the whole or part of its capital therein.
Article 77 (Executives)
(1) The Development Center shall have one chief director, not more than 9 directors including 3 standing directors and one auditor.
<Amended by Act No. 7157, Jan. 29, 2004>
(2)The chief director of the board of directors shall, on the recommendation of the board of directors, be appointed and dismissed
by the Minister of Construction and Transportation.
(3)The auditor shall be appointed and dismissed by the Minister of Construction and Transportation.
(4)The members of the board of directors shall, with the approval of the Minister of Construction and Transportation, be appointed
and dismissed by the chief director of the board of directors.
(5)The terms of office of the chief director and the members of the board of directors shall be three years, and they may be reappointed.
(6)The term of office of the auditor shall be two years, and he may be reappointed only once.
(7)In case that a vacancy occurs among the executives, a new successor shall be appointed and his term of office shall count from
the date of appointment.
Article 78 (Duties of Executives)
(1)The chief director of the board of directors shall represent the Development Center, exercise the overall control of the affairs
of the Development Center, and assume responsibility for the performance of its management.
(2) In the event that the chief director of the board of directors is unable to perform his duty due to inevitable circumstances,
one of the members of the board of directors shall act on his behalf under the conditions as prescribed by the articles of association.
(3)The auditor shall inspect the management of the affairs of the Development Center, and audit its accounts.
Article 79 (Appointment of Agent)
The chief director of the Development Center may, under the conditions as prescribed by the articles of association, appoint an agent
from among the staff members under his authority, who is empowered to take all judicial or extra-judicial actions on his behalf in
respect of the affairs of the Development Center.
Article 80 (Restriction on Exercise of Power of Representation)
In respect of matters in which the interests of the chief director and those of the Development Center are incompatible, the chief
director of the board of directors shall not represent the Development Center, but the auditor shall represent it.
Article 81 (Disqualification for Executive)
Any person who falls under any of the following subparagraphs may not become an executive of the Development Center:
1.A minor, person of incompetency, or person of quasi-incompetency;
2.A person who has been declared bankrupt and fails to be reinstated;
3.A person in whose case two years has not passed yet since his imprisonment without labor or heavier punishment as declared by a
court was completely executed (including a case where it is deemed to have completely been executed) or exempted from being executed;
4.A person who is under the suspension of the execution of imprisonment without labor or heavier punishment; and
5.A person whose qualification has been suspended, or who has been disqualified, by law or by the decision of a court.
Article 82 (Board of Directors)
(1)The board of directors shall be established under the Development Center in order to deliberate and decide on important matters
related to its management.
(2) The board of directors shall consist of the chief director and the members of the board of directors.
(3)The chief director of the board of directors shall convoke a meeting of the board of directors and preside over the meeting.
(4) A meeting of the board of directors shall make decision by the attendance of a majority of the total members and with a concurrent
vote of a majority of those present.
(5)The auditor may attend a meeting of the board of directors and give his opinion.
Article 83 (Appointment and Dismissal of Staff)
The staff members shall be appointed and dismissed by the chief director of the board of directors under the conditions as prescribed
by the articles of association.
Article 84 (Prohibition of Revelation, etc. of Secrets)
An executive or a staff member of the Development Center or any other person who was in such a position shall not reveal or use by
stealth any secrets of which he became aware in the process of performing his duty.
Article 85 (Prohibition of Use of Similar Name)
No person that is not the Development Center under this Act shall use the term Jeju Free International City Development Center or
any other name confused therewith.
Article 86 (Request for Dispatch of Public Officials, etc.)
The Development Center may, if deemed necessary for the purposes of performing its functions, request the relevant administrative
agencies and corporations or organizations to assign, to its office, public officials as provided in Article 2 of the State Public
Officials Act or Article 2 of the Local Public Officials Act and executives or staff members of the corporations or organizations
under the conditions as prescribed by the Presidential Decree.
Article 87 (Fund Raising)
The Development Center shall raise funds necessary for performing its functions as referred to in Article 76 from the financial resources
of the following subparagraphs:
1.Contributions or subsidies from the Government and entities other than the Government;
2.Funds raised from the issuance of bonds;
3.Funds borrowed (including funds borrowed and materials brought from foreign countries; hereinafter the same shall apply);
4.Proceeds accruing from profit-making projects; and
5.Other revenues.
Article 88 (Loan, etc. of State and Public Properties)
(1)The State or the local governments may gratuitously loan the state or public properties to the Development Center or may allow
it to use them and benefit therefrom if it is deemed necessary to do so for carrying out its projects as referred to in Article 76
efficiently.
(2)The Development Center may construct buildings and other permanent structures on the state or public properties loaned, or allowed
to use and benefit from, under paragraph (1).
(3)The contents, terms, and procedures, etc. of the gratuitous loan or use and benefit as provided in paragraph (1) shall be stipulated
by the contract made between the administrative agency managing the properties or things concerned and the Development Center.
Article 89 (Outdoor Advertisements, etc.)
The Development Center may run a profit-making business by means of outdoor advertising within Jeju-do in accordance with the provisions
of the Outdoor Advertisement, etc. Control Act in order to provide itself with such funds as may be required for the development
of Jeju Free International City: Provided, That such matters as type, size, location, etc. of outdoor advertisements shall, notwithstanding
the provisions of the Outdoor Advertisements, etc. Control Act, be determined by the Presidential Decree.
Article 90 (Request for Materials)
(1)The Development Center may request the relevant administrative agencies and organizations, etc. to cooperate in providing data
and materials if necessary for carrying out its development projects.
(2)The heads of the administrative agencies or organizations requested under paragraph (1) shall comply therewith unless there exists
any special reason to the contrary.
Article 91 (Approval for Budget, etc.)
(1)The chief director of the Development Center shall compile a business plan and a draft budget for the next year by one month prior
to the end of every business year and obtain approval therefor from the Minister of Construction and Transportation. In this case,
the chief director of the Development Center shall consult with the Do governor about the matters prescribed by the Presidential
Decree.
(2)The provisions of paragraph (1) shall apply mutatis mutandis to a change in the business plan and the draft budget.
[This Article Wholly Amended by Act No. 7157, Jan. 29, 2004]
Article 92 (Statement of Accounts)
The Development Center shall submit the statement of closing accounts of revenues and expenditures of every business year to the Minister
of Construction and Transportation together with a report on the performance of its management of the concerned year until the end
of February of the next year.
Article 93 (Business Year)
The business year of the Development Center shall conform to the fiscal year of the Government.
Article 94 (Accounting Rules, etc.)
The Development Center shall determine such matters as its organization, budget, and obtain approval thereof from the Minister of
construction and Transportation. The same shall also apply where it desires to modify them.
Article 95 (Loans, etc.)
(1)The Development Center may borrow funds (including fund borrowed and materials brought from foreign countries) with the approval
of the Minister of Construction and Transportation under the conditions as prescribed by the relevant Act if it is necessary to do
so for carrying out its projects as referred to in Article 76.
(2)If the Minister of Construction and Transportation intends to approve the borrowing of funds as provided in paragraph (1), he shall
consult with the head of the relevant central administrative agency thereon in advance.
Article 96 (Investments, etc. in Other Projects)
The Development Center may make investments in or contributions to other related projects under the conditions as prescribed by the
Presidential Decree if it is necessary to do so for carrying out its functions and projects as provided in Article 76 efficiently.
Article 97 (Issuance, etc. of Bonds)
(1)The Development Center may issue bonds designed to provide itself with funds required for carrying out its projects as provided
in Article 76.
(2)If the Development Center intends to issue bonds as provided in paragraph (1), it shall obtain approval from the Minister of Construction
and Transportation. In this case, the Minister of Construction and Transportation shall consult with the head of the relevant central
administrative agency thereon in advance.
(3)The Government may guarantee the repayment of the principal and interest of the bonds that are issued by the Development Center.
(4)The Government may assist a part of expenditures required for the repayment of interest of the bonds that are issued by the Development
Center.
(5)The principal of the bonds shall become invalidated after five years counting from the date of its repayment, and the interest
thereof invalidated after two years counting from the date of their payment, by the process of negative prescription.
(6)Other matters necessary for the issuance, etc. of bonds shall be determined by the Presidential Decree.
Article 98 (Guidance and Supervision)
(1)The Minister of Construction and Transportation shall guide and supervise the Development Center and also may, if deemed necessary,
have it report to him on matters relating to its management, accounting, and assets or direct public officials under his authority
to inspect books, documents, facilities, and other items.
(2)Where any illegalities or irregularities have been discovered as a result of the report or the inspection as provided in paragraph
(1), the Minister of Construction and Transportation may order the Development Center to redress them.
(3)A public official who conducts the inspection under paragraph (1) shall carry a certificate or document verifying his authority
and present it to the interested persons.
Article 99 (Reversion of Residual Assets)
In case of the dissolution of the Development Center, the Act on the Establishment and Operation of Public Service Corporations shall
apply mutatis mutandis to the disposal of its residual assets.
Article 100 (Relationship with Other Acts)
Except as provided in this Act, the provisions concerning an incorporated foundation as referred to in the Civil Act shall apply mutatis
mutandis to the organization, management, etc. of the Development Center.
CHAPTER XII SUPPLEMENTARY PROVISIONS
Article 101 (Report to National Assembly)
The Minister of Construction and Transportation shall submit a report on the promotion of Jeju Free International City to the National
Assembly each year before the opening of the regular session of the National Assembly.
Article 102 (Increase, etc. of State Subsidy)
(1)Notwithstanding the differential levels of subsidies as provided in Article 10 of the Act on the Budgeting and Management of Subsidies
and the levels of subsidies as provided by other Acts, the State subsidy levels for those development projects which are determined
by the Presidential Decree may be increased according to the levels of subsidies as determined by the Presidential Decree.
(2)The State shall, in its assistance for development projects, give priority to investments in constructing the development-related
public facilities, such as roads, water supply and sewage systems, energy supply facilities, information and communication infrastructure,
service water arrangements, airports, seaports, basic environmental facilities, as well as to investments in building the basic infrastructure
for such projects as are designed for promoting agriculture, forestry, livestock industry, and fishery, for increasing the income
level of farmers and fishermen, and for facilitating agricultural restructuring.
(3)In order to efficiently implement the contents of the Government assistance as determined by the Promotion Committee in accordance
with the plan of investment by fiscal year, which is formulated under Article 6, the State may provide the state subsidies comprehensively
by projects to assist under the conditions as prescribed by the Act on the Budgeting and Management of Subsidies.
Article 103 (Contributions, etc. to Development Center, etc.)
(1)The local government of Jeju-do may, with the approval of the Do Council, make contributions to or investments in the Development
Center established under Article 72 or the local public corporations under Article 49 of the Local Public Enterprises Act.
(2)In the case of contributions or investments as referred to in paragraph (1), the local government of Jeju-do may, notwithstanding
Article 82 of the Local Finance Act, use administrative properties or reserved properties for the purposes of such contributions
or investments.
(3)The administrative or reserved properties contributed or invested under paragraph (2) shall be appraised once a year in accordance
with the method of appraisal as determined by the Presidential Decree.
(4)In case the local government of Jeju-do makes investments in a local public corporation under paragraph (1), an entity other than
a local government may, notwithstanding Article 53 (2) of the Local Public Enterprises Act, be authorized to invest half the total
capital or more and the top limit of this investment shall be determined by the Jeju-do Municipal Ordinance. The same shall also
apply in case of capital increase.
Article 104 (Application of Administrative Procedures Act)
(1)In case of formulating the Master Plan, a public hearing shall be held in accordance with the Administrative Procedures Act.
(2)In the case falling under any of the following subparagraphs, the Do Governor shall give the residents opportunities to deliver
their opinions under the conditions as prescribed by the Administrative Procedures Act: <Amended by Act No. 7157, Jan. 29, 2004>
1.Where he desires to formulate or modify the Master Plan;
2.Where he desires to formulate or modify plans for facilities serving a large area under Article 8;
3.Where he intends to designate or change the absolute preservation area, the relative preservation area and the management preservation
area in accordance with Articles 27 through 29;
4.Where he desires to designate or modify preservation resources under Article 32; and
5.Where he desires to designate or modify an area of underground water resources under special control under Article 33 (8) and (10).
(3)In a case falling under any of the following subparagraphs, the Do Governor shall hold a hearing in accordance with the Administrative
Procedures Act: <Amended by Act No. 7157, Jan. 29, 2004>
1.Where he desires to revoke permission for preservation resources buying and selling business granted under Article 32 (5);
2.Where he desires to revoke a groundwater development and exploitation permit under Article 33 (6) and (12);
3.Where he desires to rescind the designation of an investment promotion zone under Article 43;
4.Where he desires to revoke the registration of the pension-based recreation business under Article 53 (8);
5.Where he desires to revoke the designation of the local culture tour area designated under Article 57 (1);
6.Where he desires to revoke the development project execution approval under Article 59 (1);
7.Where he desires to revoke the designation of the expectant project executor designated under Article 62; and
8.Where he desires to revoke authorization, approval, permission, registration, or designation under Article 105 (1).
Article 105 (Supervision)
(1) Where a project executor or enterpriser under this Act falls under any of the following subparagraphs, the Do Governor may revoke
the authorization, approval, permission, registration, or designation made by this Act, order the cessation of validity thereof,
the suspension of construction works, or the remodelling, alteration, transfer, or removal of the buildings or structures, or give
instructions for other necessary measures:
1.Where the project executor or enterpriser has obtained by deceit or any other wrongful methods the authorization, approval, permission,
registration, or designation made by this Act;
2.Where it is deemed impossible or harmful to the public interest to continue the execution of a development project owing to the
change of situation; and
3.Where the project executor or enterpriser has violated this Act or orders or dispositions under this Act.
(2) Where the Do Governor has ordered measures as provided in paragraph (1), he shall notify it publicly under the conditions as prescribed
by the Jeju-do Municipal Ordinance.
CHAPTER XIII PENAL PROVISIONS
Article 106 (Penal Provisions)
Any doctor or any pharmacist who has worked for any medical institution or any pharmacy that renders the medical services or the pharmaceutical
services exclusively for foreigners in violation of the provisions of Article 20-4 (6) or (7) shall be punished by imprisonment with
prison labor for not more than 5 years or by a fine not exceeding 50 million won.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 106-2 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with or without labor for not more
than three years or by a fine not exceeding 30 million won: <Amended by Act No. 7157, Jan. 29, 2004>
1.A person who has traveled from Jeju-do to other area within the Republic of Korea without the sojourn area extension permit as provided
in Article 15 (1); and
2.A person who has violated Article 16.
Article 107 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by
a fine not exceeding 20 million won: <Amended by Act No. 7157, Jan. 29, 2004>
1.A person who has performed acts violating Article 27 (3) in the absolute preservation area;
2.A person who has preformed acts violating Article 28 (2) in the relative preservation area;
3.A person who has performed acts violating Article 30 (1);
4.A person who has run a business relating to the purchase and sale of preservation resources in Jeju-do or who has taken preservation
resources out of Jeju-do, without the permission of the Do Governor in violation of Article 32 (5);
5.A person who has developed and utilized groundwater without obtaining permission or changed permission therefor (including extended
permission; hereafter in this subparagraph the same shall apply) provided for in Article 33 (1) and (2) or has developed and utilized
groundwater after obtaining permission or changed permission therefor by means of illegality;
6.A person who has poured, drained and treated substances, including filthy water and waste water, which may pollute groundwater,
into underground in violation of the provisions of Article 34 (1);
7.A person who has run a pension-based recreation business without the relevant registration thereof as provided in Article 53 (1);
and
8.A person that is or was an executive or a staff member of the Development Center under Article 84, who has revealed or used by stealth
any secrets of which he became aware in the process of performing his duty.
Article 107-2 (Penal Provisions)
Any person who has failed to put up signs indicating that the relevant medical institution or the relevant pharmacy renders the medical
services or the pharmaceutical services exclusively for foreigners shall be punished by imprisonment with prison labor for not more
than one year or by a fine not exceeding 10 million won.
[This Article Newly Inserted by Act No. 7157, Jan. 29, 2004]
Article 108 (Penal Provisions)
(1)Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding 3 million won: <Amended
by Act No. 7157, Jan. 29, 2004>
1.Person who has violated the provisions of Article 17; and
2.Person who has submitted his garage certificate by means of false or illegality or has helped submit such garage certificate by
means of false or illegality in violation of the provisions of Article 40-2. Enforcement Date: Jan. 30, 2007
(2)Any person who has rejected a due demand that, in the exercise of his duties, an immigration officer or any other competent officer
made upon him as a requirement for ascertaining whether he bears a sojourn area extension permit in accordance with Article 15 (5)
shall be punished by a fine not exceeding one million won.
Article 109 (Attempted Crime, etc.)
(1)Any person who has premeditated or plotted to commit a crime under subparagraphs 1 and 2 of Article 106 and subparagraph 4 of Article
107 or who has attempted to commit such a crime shall be subjected to a punishment equal to the one for this crime. <Amended by
Act No. 7157, Jan. 29, 2004>
(2)Any person who has aided and abetted the act as provided in paragraph (1) shall be subjected to a punishment equal to the one to
which the principal is subjected.
Article 110 (Joint Penal Provisions)
Where the representative of a corporation, or an agent, employee, or any other hired person of the corporation or an individual commits
a crime provided for in the provisions of Article 20-4 (6) and (7), or 107 in respect of the affairs of the corporation or the individual,
not only shall the wrongdoer be punished accordingly, but also the corporation or the individual shall be punished by a fine provided
for in the relevant Article. <Amended by Act No. 7157, Jan. 29, 2004>
Article 111 (Fine for Negligence)
(1)Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 20 million
won: <Amended by Act No. 7157, Jan. 29, 2004>
1.Person who has set up and operated the number of channels to retransmit foreign broadcasts in violation of the provisons of Article
20-2;
2.Person who has failed to comply with the measures taken to restrict the quantity of water intake or to temporarily suspend his use
of water under the provisions of Article 33 (5) through (7) and (11); and
3.Person who has failed to install and operate rainwater utilization facilities, etc. under the provisions of Article 33-2.
(2)Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 10 million
won: <Amended by Act No. 7157, Jan. 29, 2004>
1.A person who has violated the disposition, order, or measures of the Do Governor under Article 32 (3);
2.A person who has violated the provisions of the Jeju-do Municipal Ordinance concerning the supervision of works for the setting
up of facilities for the development and exploitation of groundwater as referred to in Article 34 (2);
2-2.A person who has used, sold and supplied agricultural chemicals that are published in accordance with Article 34 (3);
3.A person who fails to take the required measures for the livestock, marine products and plants brought in or taken out of Jeju-do
as referred to in Article 40 (2); and
4.A person who fails to fulfill the disposition or orders made or given by the Do Governor under Article 105 (1).
(3)Any person who has violated the necessary measures adopted for production adjustment, stock release adjustment, and quality control
as provided in Article 50 (1) shall be punished by a fine for negligence not exceeding 5 million won.
(4)Any person who rejects the demand of an immigration officer for the submission of books or materials as provided in Article 19
(1) shall be punished by a fine for negligence not exceeding 2 million won.
(5)Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 1 million
won:
1.A person who has run the business without any report on succession to status as provided in Article 53 (5);
2.A person who has violated Article 53 (6); and
3.A person who has violated Article 85.
(6)The fines for negligence as referred to in paragraphs (1) through (5) shall be imposed and collected by the Do Governor under the
conditions as prescribed by the Jeju-do Municipal Ordinance. <Amended by Act No. 7157, Jan. 29, 2004>
(7)Any person who is dissatisfied with a disposition of fine for negligence as provided in paragraph (6) may raise an objection to
the Do Governor within 30 days from the date he is publicly notified of the said disposition. <Amended by Act No. 7157, Jan. 29,
2004>
(8)If any person subject to a disposition of fine for negligence as provided in paragraph (6) raises an objection under paragraph
(7), the Do Governor shall notify it without delay to the competent court and the court so notified shall in turn proceed to a trial
on a fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 7157, Jan.
29, 2004>
(9)If neither an objection is raised nor is the fine for negligence paid within such a period as prescribed in paragraph (7), the
said fine for negligence shall be collected by referring to the practices of dispositions on default of local taxes. <Amended
by Act No. 7157, Jan. 29, 2004>
(10)Notwithstanding the provisions of paragraphs (6) through (9), the Broadcasting Committee shall take a disposition to collect any
fine for negligence in arrears, impose any fine for negligence and collect any fine for negligence referred to in paragraph (1) 1,
and procedures for taking a disposition to collect any fine for negligence in arrears, levying any fine for negligence and collecting
any fine for negligence, etc. referred to in paragraph (4) shall be governed by the provisions of Article 100 (4) of the Immigration
Control Act. <Amended by Act No. 7157, Jan. 29, 2004>
Article 112 (Disposition of Accusation and Notification)
(1)No person may be prosecuted for a case violating any of the provisions of Chapter V unless there is filed a formal complaint on
the part of the chief of a district office, branch office, or immigration processing center.
(2)If a person is booked by an investigative authority other than an immigration officer for a case falling under paragraph (1), his
case shall without delay be referred to the chief of a district office, branch office, or immigration processing center concerned.
(3)If the chief of a district office, branch office, or immigration processing center obtains a decisive evidence of guilt as a result
of investigation into the case as referred to in paragraph (1), he may give the offender a written notification of a demand for the
payment of an amount equivalent to a fine (hereinafter referred to as penalty ) at a designated place specifying the reasons for
the penalty. If the offender concerned pays the penalty as notified, he shall not be placed in double jeopardy.
(4)If as a result of the investigation the nature of the offense is deemed to be liable to imprisonment without labor or a heavier
punishment, the chief of a district office, branch office, or immigration processing center shall accuse the offender immediately.
(5)The guidelines on the amount of penalty as provided in paragraph (3) shall be determined by the Ordinance of the Ministry of Justice.
(6)The Minister of Justice may exempt the offender from the disposition of notification as provided in paragraph (3), taking into
account his age and living conditions, motives and results of the offense, his ability to bear the penalty, and other circumstances.
(7)The provisions of the Immigration Control Act shall apply mutatis mutandis to the service of the disposition of notification under
paragraph (3) and other procedures.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2002: Provided, That Article 2 of these Addenda shall enter into force on the date of
its promulgation.
Article 2 (Preparation for Establishment of Jeju Free International City Development Center)
(1)A Committee on the Establishment of Jeju Free International City Development Center (hereinafter referred to as the Establishment
Committee ) shall be established in order to deal with the affairs relating to the establishment of the Development Center.
(2)The Establishment Committee shall be composed of seven members or less commissioned by the Minister of Construction and Transportation.
(3)The Establishment Committee shall formulate the articles of association and obtain the authorization of the Minister of Construction
and Transportation therefor.
(4)The chief director of the Development Center at the time of its establishment shall be appointed by the Minister of Construction
and Transportation.
(5)If the articles of association are authorized under paragraph (3), the Establishment Committee shall, without delay, make the registration
of incorporation and turn over all its relevant affairs to the chief director of the Development Center.
Article 3 (Transitional Measures concerning Master Plan)
The Jeju-do Master Development Plan under the previous provisions at the time of enforcement of this Act shall be deemed to be the
Master Plan for Jeju Free International City formulated under the amended provisions of Article 4.
Article 4 (Transitional Measures concerning Master Plan Deliberative Committee)
The Jeju-do Master Development Plan Deliberative Committee as defined under previous provisions at the time of enforcement of this
Act shall be deemed to be the Committee on the Deliberation of the Master Plan for Jeju Free International City established under
the amended provision of Article 11.
Article5(Transitional Measures concerning Establishment and Administration of Foreign Universities)
The special case applicable to the establishment and administration of foreign universities as referred to in Article 22 shall be
determined by the relevant Act within six months after the enforcement of this Act.
Article 6 (Transitional Measures concerning Waste Facilities, etc.)
In case that an area in which there exist waste disposal facilities, wastewater disposal facilities, or terminal facilities for the
disposal of sewage and wastewater, which remain set up at the time of enforcement of this Act, has been designated by the Do Governor
as a groundwater resources preservation zone under the amended provision of Article 29 (2), such wastewater disposal facilities shall
be improved within two years after the designation of the groundwater resources preservation zone under the conditions as prescribed
by the Jeju-do Municipal Ordinance.
Article 7 (Transitional Measures concerning Absolute and Relative Conservation Area)
As respects the absolute or relative preservation area within a mountainside area designated and publicly notified under the previous
provisions at the time of enforcement of this Act, its designation as such shall be deemed to be rescinded concurrently with the
designation and public notice of the said mountainside area as a mountainside preservation area in accordance with the amended provisions
of Article 29 (1) and (4).
Article 8 (Transitional Measures concerning Preservation Resources)
The preservation resources designated and publicly notified under the previous provisions at the time of enforcement of this Act shall
be deemed to be the preservation resources that have been designated and publicly notified under the amended provision of Article
32.
Article 9 (Transitional Measures concerning Examination of Environmental Compatibility)
The environmental compatibility of a project on which the Do Governor was already consulted under the previous provisions at the time
of enforcement of this Act shall be deemed to be the environmental compatibility on which the Do Governor has been consulted under
the amended provisions of Article 36.
Article 10 (Transitional Measures concerning Assessment of Impact on Environment)
(1)The assessment of impact on the environment on which the Do Governor was already consulted under the previous provisions at the
time of enforcement of this Act shall be deemed to be the assessment of impact on the environment on which the Do Governor has been
consulted under the amended provisions of Article 37.
(2)As respects the development project in which case a draft report on the assessment of impact on the environment was already submitted
to the relevant administrative agency under the previous provisions at the time of enforcement of this Act, the proviso of Article
37 (1) shall not apply thereto.
Article 11 (Transitional Measures concerning Pension-Based Recreation Business)
If a person made the registration of a pension business or obtained the approval of the business plan under previous provisions at
the time of enforcement of this Act, he shall be deemed to have made the registration of a pension-based recreation business or obtained
the approval of the business plan under the amended provisions of Article 53.
Article 12 (Transitional Measures concerning Imposition and Collection of Tourism Promotion Dues)
The imposition, collection, and payment of tourism promotion dues levied under the previous provisions at the time of enforcement
of this Act shall be governed by the previous provisions.
Article 13 (Transitional Measures concerning Development Projects)
A development project the approval of which was obtained or on which the required opinion was heard under the previous provisions
at the time of enforcement of this Act, shall be deemed to be a development project the approval of which has been obtained or on
which the required opinion has been heard under the amended provisions of Article 59.
Article 14 (Transitional Measures concerning Penal Provisions, etc.)
The application of penal provisions and fines for negligence to acts done prior to the enforcement of this Act shall be subject to
the previous provisions.
Article 15 (General Transitional Measures)
Dispositions made or procedures followed under the previous provisions and other actions taken thereunder at the time of enforcement
of this Act shall be deemed to be dispositions or procedures and other actions under the provisions of this Act insofar as they are
not in conflict with the provisions of this Act.
Article 16 Omitted.
Article 17 (Relationship with Other Acts)
Any reference made by other Acts to the Special Act on Jeju-do Development or its provisions at the time of enforcement of this Act
shall be deemed to be a reference made to this Act or its provisions corresponding thereto if there exist any such provisions in
this Act.
ADDENDA<Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6842, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 6852, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA<Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 7157, Jan. 29, 2004>
(1)(Enforcement Date) This Act shall enter into force from the date on which six months lapse after its promulgation: Provided, That
the amended provisions of Articles 40-2 and 108 (1) 2 shall enter into force from the date on which 3 years lapse from the promulgation
of this Act.
(2)(Transitional Measures concerning Designation of Management Preservation Area) The area that is designated as the mountainside
preservation area and as the preservation area located in an area other than the mountainside preservation area in accordance with
the previous provisions at the time of enforcement of this Act shall be deemed to be designated as the management preservation area
in accordance with the amended provisons of Article 29.
(3)(Transitional Measures concerning Jeju Film Committee) The Jeju Film Committee that is set up at the time of enforcement of this
Act shall be deemed to be set up in accordance with the amended provisions of Article 57-2.
ADDENDA<Act No. 7159, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2004. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 7210, Mar. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA<Act No. 7561, May 31, 2005>
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. 7604, Jul. 21, 2005>
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. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
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