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Laws of the Republic of Korea |
Chapter 1 General Provisions
Article 1 (Purpose) The purpose of this Act is to contribute to creating a growth engine
and balanced national development by developing
regions, of which industry- &
life-based facilities lag behind other regions but growth potential is retained, in a
comprehensive
and systematic way and promoting investments.
Article 2 (Definition) The definitions of terms used in this Act shall be as follows:
1. "New Development Region" shall mean a region as referred to in Subsections 7 and 8
of Article 2 in the Special Act on the Balanced
National Development.
2. "Comprehensive Development Zone for New Development Region" shall mean a
zone designated under Article 5 in order to broadly link
a New Development
Region and its adjacent city (Gun) and develop such region and city (Gun) in a
comprehensive and systematic way.
3. "Comprehensive Development Plan for New Development Region" shall mean a plan
established under Article 5 for the comprehensive
and systematic development and
investment promotion for the Comprehensive Development Zone for New
Development Region.
4. "Development Promotion District for New Development Region" shall mean a
district designated under Article 8, which is intended
for a development project in
accordance with the contents of the Comprehensive Development Plan for New
Development Region.
5. "Investment Promotion District for New Development Region" shall mean a district
designated under Article 21 in order to promote
investment and support newly
entering companies in accordance with the contents of the Comprehensive
Development Plan for New Development
Region.
Article 3 (Relationship, etc. with Other Laws and Regulations) This Act shall prevail
over other laws and regulations for a supporting
item and a special item applying to the
Comprehensive Development Zone for New Development Region, provided that, if there
are
less regulative provisions in other laws and regulations than the special provision in
respect of the regulation mentioned in this
Act, the less regulative provisions in other
laws and regulations shall apply to the Comprehensive Development Zone for New
Development
Region.
The Comprehensive Development Plan for New Development Region under this Act
shall fully consider the plans under other laws and
regulations, which have an influence
on the Comprehensive Development Zone for New Development, and be harmonized and
balanced
with such plans.
Article 4 (Duties of the Nation, etc. for Development of New Development Regions)
The State shall establish and drive a comprehensive
policy for developing a New
Development Region and seek any supporting measures.
A Do governor shall establish and implement a
plan and a policy relating to the
development of a New Development Region through the participation of local residents
and cooperation
with the competent local government.
Chapter 2 Designation, etc. of Comprehensive Development Zone
for New Development Region
Article 5 (Designation, etc. of Comprehensive Development Zone for New Development
Region) The Minister of Land, Transport, and
Maritime Affairs (hereinafter referred
to as "the Minister") may, directly or at the request of Do governor, designate a
Comprehensive
Development Zone for New Development Region, (hereafter referred to
as "Comprehensive Development Zone"), provided that, in the
event that any target zone
covers more than two Dos, the concerned Do governors shall make jointly requests.
In case of intending
to designate a Comprehensive Development Zone pursuant to
Section , the Minister shall hear the opinions of the Minister of Public
Administration
and Security and establish a Comprehensive Development Plan for the New
Development Region, (hereafter referred
to as a "Comprehensive Development Plan").
The Minister shall then have a consultation with the concerned Do governor and the head
of the concerned central administrative agency, and pass the deliberation of a New
Development Region Committee under Article 22.
In this case, when having consultation
with the head of the central administrative agency, the Minister shall conduct a
pre-environmental
review and consultation under Article 25 and Article 25-3 of the
Framework Act on Environmental Policy.
In case of requesting a designation of a Comprehensive Development Zone, the Do
Governor shall establish and submit a Comprehensive
Development Plan.
The Comprehensive Development Plan shall include the following subsections:
1. Name, location, and area of the Comprehensive Development Zone;
2. Purpose for designation as a Comprehensive Development Zone;
3. Matters relating to the basic policy for developing the Comprehensive Development
Zone;
4. Matters relating to a designation of a Development Promotion District for a New
Development Region and an Investment Promotion
District for a New Development
Region;
5. Matters relating to the implementation of main development projects;
6. Matters relating to the attraction of new companies and investment promotion;
7. Matters relating to the refurbishment and expansion of infrastructure;
8. Matters relating to the improvement of the settlement environment;
9. Matters relating to the required financial resources and capital funding; and
10. Other necessary matters for the development of the Comprehensive Development
Zone.
Sections and shall also apply to any change of a Comprehensive Development
Zone and Comprehensive Development Zone, provided
that the same shall not apply to
the change of minor items as prescribed by the Presidential Decree.
In the event of designating
or changing a Comprehensive Development Zone or
establishing or changing a Comprehensive Development Plan, the Minister shall place
a
public notice in an official gazette as prescribed by the Presidential Decree and give
notice to both the head of the concerned
administrative agency and the head of the local
government.
Article 6 (Requirements for Designating a Comprehensive Development Zone) In the
event that the Minister intends to designate a
Comprehensive Development Zone under
Article 5, the Comprehensive Development Zone shall meet the requirements under the
following
subsections:
1. To be a New Development Region and its adjacent city (Gun), (the area of the
adjacent cityGun in the New Development Zone shall
not exceed the percentage of the
area as prescribed by the Presidential Decree); and
2. To be easily accessible by the installation, etc. of infrastructure and have good
development potential and situation such as
local specialty industry, etc.
Article 7 (Cancellation of Designation of Comprehensive Development Zone) In the
event that it
is deemed impossible to achieve the purposes for designating a
Comprehensive Development Zone, the Minister may cancel such designation
after
deliberations with the New Development Region Committee pursuant to Article 22.
Section of Article 5 shall also apply to
a cancellation of the designation of a
Comprehensive Development Zone.
Chapter 3 Designation, etc. of Development Promotion District
for a New Development Region
Article 8 (Designation, etc. of Development Promotion District for New Development
Region) For a region deemed necessary to drive
a development project in accordance
with a Comprehensive Development Plan, the Minister may, directly or at the request of
the
Do governor, designate the Development Promotion District for the New
Development Region, (hereafter referred to as the "Development
Promotion District").
In case of designating the Development Promotion District pursuant to Section ,
the Minister shall establish
a Development Promotion District Development Plan,
(hereafter referred to as a "Development Plan"), provided that, in case of requesting
a
designation of a Development Promotion District, the Do governor shall submit a
Development Plan to the Minister.
The Development Plan shall include the following subsections, provided that matters
falling under subsection may be included in
the Development Plan after designating
the Development Promotion District:
1. Name, location, and area of the Development Promotion District;
2. Purpose for designating the Development Promotion District and the period of
implementing the development project;
3. In case of dividing and implementing the Development Promotion District into two or
more project implementation districts, matters
relating to the division of such districts;
4. Matters relating to an undertaker, (only for cases designated pursuant to Article 13),
and the manner of implementing the development
project;
5. Environment preservation plan;
6. Plans for population, traffic treatment, and land use;
7. Plans for building the main infrastructure such as roads, water supply, drainage, etc.
8. Plans for procuring financial resources and a yearly investment plan;
9. Plans for installing health & medical, education, and welfare facilities (limited to any
necessary cases);
10. Matters relating to regional specialization development (limited to any necessary
cases); and
11. Particulars, etc. of any land to be expropriate or used.
In the event of intending to designate a Development Promotion District
and
establish a Development Plan, the Minister shall hear the opinions of both residents and
experts under conditions as prescribed
by the Presidential Decree and the opinions of the
Do governor & mayor head of the Gun. The Minister shall consult with the head
of the
concerned central administrative agency and pass the deliberation of the Central Urban
Planning Council under Article 106
of the Act on the Planning and Use of National
Territory and the New Development Region Committee under Article 22. In this case,
during such consultations, the Minister shall perform a pre-environmental review and
consultation under Article 25 and Article
25-3 of the Framework Act on Environmental
Policy.
The provisions of Sections , and shall also apply to any changes to a
Development Promotion District and a Development Plan,
provided that the same shall
not apply to military confidential information or any changes of a minor item as
prescribed by the
Presidential Decree.
In case of designatingchanging a Development Promotion District or
establishingchanging a Development Plan, the Minister shall
place a public notice in an
official gazette as prescribed by the Presidential Decree and give notice to both the head
of the concerned
administrative agency and the head of the local government. In this case,
in the event of designating or announcing a Development
Promotion District, the Minister
shall announce any topographical drawings, etc. pursuant to Article 8 of the Fundamental
Act on
the Regulation of Land Use.
Article 9 (Designation Proposal of Development Promotion District) A person, who is
not the state or local government but attempts
to conduct a development project of a
Development Promotion District, among any persons falling under any of the subsections
of
Section of Article 13 may propose the Do governor to request a designation of a
Development Promotion District.
In case of proposing the designation of a Development Promotion District pursuant
to Section , the proposer shall submit a Development
Plan to the Do governor.
Article 10 (Legal Fiction of Designation, etc. of Development Promotion District) In the
event that a
Development Promotion District is designated or announced under Article 8,
the matters discussed in advance with the head of the
concerned administrative agency in
connection with designating, establishing, or approving any of the following subsections
shall
be deemed as having been designated, established, and approved in accordance with
the contents of the Development Plan pursuant
to Section of Article 8:
1. Designation of Urban Development Zone under Article 3 and the establishment of
Urban Development Project Plan under Article 4
of the Urban Development Act;
2. Designation of the Projected District for Housing Site under Article 3 and the
establishment of Housing Site Development Plan
under Article 8 of the Housing Site
Development Promotion Act;
3. Designation of National Industrial Complex, General Industrial Complex or Urban
Hi-technology Industrial Complex in accordance
with the provisions of Articles 6
through 7-2 of the Act on Industrial Sites and Development;
4. Designation of Tourist Site and Tourism Complex under Article 52 of the Tourism
Promotion Act;
5. Designation of Logistics Complex under Article 22 of the Act on the Development
and Operation of Logistics Facilities;
6. Establishment of Business Plan under Article 6, and the fixing of Business Plan under
Article 7 of the Islands Development Promotion
Act;
7. Establishment or change of Basic Urban Plan under Articles 18 and 22 of the Act on
the Plan and Use of National Territory and
the Minister's approval for such an
establishment or change, (it means cases that, in the event that a Development Promotion
District
is designated in a city or Gun region, a revised basic urban plan draft of a location
other than the Development Promotion District
has been made and submitted to the city
Gun);
8. Change into an urban region under subsection of Article 6 and the decision of the
Urban Management Plan of Article 30, which
is designated as a District Unit Planning
Area under Article 51 of the Act on the Plan and Use of National Territory;
9. Decision of the Urban Management Plan under Article 30 which changes or cancels
marine resource protection areas under Article
40 of the Act on the Plan and Use of
National Territory; and
10. Establishment of Comprehensive Coastal Management Plan under Article 6,
establishment of Coastal Management Region Plan under
Article 6, and a change of such
Comprehensive Coastal Management Plan or Coastal Management Region Plan under
Article 12 of the
Coastal Management Act.
Article 11 (Revocation of Designation of Development Promotion District) In the
event that a Development Promotion District falls
under any of the following subsections,
the Minister may revoke such designation:
1. In case of failure to apply for approval of an implementation plan under Article 14 up
to 3 years since the date of the designationannouncement
of Development Promotion
District;
2. In case of failure to purchase land of more than a percentage as prescribed by the
Presidential Decree up to 2 years since the
date of the approvalannouncement of the
implementation plan under Article 14;
3. In case of acknowledgement of not achieving the purpose of the designation of the
Development Promotion District.
In the event that the designation of a Development Promotion District is revoked
under Section and there are designationestablishmentchangesdecisions
under
any of the subsections of Article 10 and authorizationpermits under Article 15, such a
designation of a Development Promotion
District shall be deemed as returned to the
original state or cancelled.
In the event that there has been a revocation of the designation of a Development
Promotion District under Section , the Minister
shall place a public notice under
conditions as prescribed by the Presidential Decree and notify the head of the
administrative
agency of said fact.
Article 12 (Restriction of Actions, etc.) Any persons, who seek to perform any actions
as prescribed by the Presidential Decree,
such as building architecture, installing
structures, changing land shape and quality, gathering soil and stone/rock, dividing land,
piling object, and planting trees, including bamboo trees, in the Development Promotion
District as designated under Article 8,
shall gain the prior approval of the mayor or head
of the Gun. The same shall also apply to any change of the approved matters.
Notwithstanding the provision of Section , any actions falling under any of the
following subsections may be performed without
prior approval:
1. Natural disaster relief or actions taken for first-aid necessary for disaster prevention;
2. Other actions as prescribed by the Presidential Decree.
Any persons who have commenced work or project in respect of the actions
having
already received approval under the relevant laws and regulations or not requiring such
approval at the time of designating
the Development Promotion District among those
actions pursuant to Section may continue to do such work or project after reporting
it
to the mayor or head of the Gun under conditions as prescribed by the Presidential
Decree.
The mayor or head of the Gun may give an order of restoration to those who have not
obtained approval in violation of Section .
In this case, if those who are given such an
order fail to execute such order, the mayor or head of the Gun may perform vicarious
administrative execution under the Administrative Vicarious Execution Act.
Except for those things as prescribed in this Act in
connection with approval pursuant
to Section , Articles 57 through 60 and Article 62 of the Act on the Plan and Use of
National
Territory shall apply mutatis mutandis.
In case of obtaining approval pursuant to Section , such approval shall be deemed
as being obtained under Article 56 of the Act
on the Plan and Use of National Territory.
Article 13 (Undertaker) An Undertaker to implement the Development Project of a
Development
Promotion District (hereafter referred to as an "Undertaker") shall be
designated by a Do governor among entities falling under
any of the following
subsections after hearing the opinions of the mayor or head of the Gun:
1. The state;
2. Local government;
3. Public corporation as prescribed by the Presidential Decree among public institutions
under the Act on the Operation of Public
Institutions;
4. Local public enterprise under the Local Public Enterprise Act;
5. Private company (whose financial soundness, etc. shall meet the standards as
prescribed by the Presidential Decree);
6. Local development corporation jointly invested and established by any entity falling
under subsections 1 through 4 and a company
which corresponds to subsection 5 at a
percentage as prescribed by the Presidential Decree.
In case of falling under any of the
subsections, a Do governor may change the
Undertaker.
1. Where the designation of the Undertaker or a permit of an Implementation Plan is
cancelled in accordance with an administrative
disposition.
2. Where the Undertaker goes bankrupt or becomes insolvent or is deemed as not being
capable of achieving the purpose of the Development
Project for similar reasons.
Article 14 (Approval, etc. of the Implementation Plan) The Undertaker shall make an
implementation
plan (hereafter referred to as an "Implementation Plan") in respect of the
Development Project attaching documents and drawings
falling under any of the
following subsections and obtain the Do governor's approval:
1. Name and address of any person which attempts to perform the project, (in the case of
a juristic person, the name of the juristic
person and its representative's name);
2. Name, period, location, and area of the project;
3. A location map and a cadastral map of a project implementation site;
4. A plane figure and a design sketch of the Implementation Plan;
5. A phase formation plan (only cases necessary to implement the Development Project
step-by-step under project conditions);
6. A plan for using and disposing of the formed land, etc;
7. A financial plan (including a yearly fund input plan and a funding plan);
8. Other matters as prescribed by the Presidential Decree.
The Implementation Plan shall include a district unit plan prepared under
Article 52
of the Act on the Plan and Use of National Territory.
In case of approving an Implementation Plan, a Do governor shall
announce the
Implementation Plan under conditions as prescribed by the Presidential Decree, and
notify the head of the administrative
agency and the mayor or head of the Gun of the
contents of the Implementation Plan and the copies of all relevant documents. At
this time,
the mayor or head of the Gun notified shall take steps to enable the public to view the
contents for more than 14 days.
Sections through shall also apply to any change of the Implementation Plan,
provided that the same shall not apply to any minor
changes as prescribed by the
Presidential Decree.
Where there is a special case determined by the Presidential Decree in implementing
the Development Project, the Undertaker may
offer a land substitution deal to any land
owner. In this case, the provisions of the Urban Development Project, such as the land
substitution method or the mixing method for land substitution under the Urban
Development Act shall apply mutatis mutandis.
Article 15 (Legal Fiction of Authorization and Permits, etc.) In the event that a Do
governor has consulted with the head of the
administration agency under Section
regarding the permit, authorization, designation, approval, discussion, report, etc,
(hereafter
referred to as "Authorization and Permit, etc."), of any of the following
subsections in approving the Implementation Plan or the
change hereof under Article 14,
the matters which have been consulted over shall be deemed as having obtained
Authorization and
Permit, etc. at the same time of the approval of the Implementation
Plan. In the event that the Implementation Plan is announced,
the announcement or public
notice of the Authorization and Permit, etc. in accordance with the act of any of the
following subsections
shall be deemed as being formed:
1. Permits under Article 11, reports under Article 14, changes of permits and reports
under Article 16, permits and reports of temporary
architecture under Article 20 and
consultations about construction under Article 29 of the Building Act;
2. Permits of occupancyuse of public waters under Article 5 of the Public Waters
Management Act, discussion and approval of occupancyuse
of public waters under
Article 6 of the same Act, and approval of the Implementation Plan under Article 8 of the
same Act;
3. Licensing of the reclamation of public waters under Article 9 of the Public Waters
Reclamation Act, approval of the Implementation
Plan under Article 15 of the same Act,
and discussion or approval of the Implementation Plan under Article 38 of the same Act;
4. Permit of the use and benefits under Article 20 of the Act on the Management of
Public Properties and Articles;
5. Approval of a business plan under Article 15 of the Tourism Promotion Act, approval
for forming tourist sites and tourist complexes
under Article 54 of the same Act, and
permits for implementing such a formation project under Article 56 of the same Act;
6. Permits of the use and benefits of state-owned properties under Article 24 of the State
Properties Act;
7. Decisions of an urban management plan under Article 30 of the Act on the Plan and
Use of National Territory, permits of development
behavior under Article 56 of the same
Act, designation of the undertaker for urban planning facilities under Article 86 of the
same Act, and authorization of the Implementation Plan under Article 88 of the same Act;
8. Approval of use other than the purpose of agricultural infrastructure under Article 22
of the Agricultural & Fishery Village Refurbishment
Act and approval of a business plan
for an agricultural & fishery village tourism and recreation complex under Article 68 of
the
same Act;
9. Permits or consultation of the exclusive use of farmland under Article 34 of the
Farmland Act and report of any exclusive use
of farmland under Article 35 of the same
Act;
10. Consultations with or approval of a road management agency under Article 5 of the
Road Act, permits of implementing roadwork
under Article 34 of the same Act, and
permits of occupying roads under Article 38 of the same Act;
11. Authorization of the Implementation Plan in respect of an urban development
project under Article 17 of the Urban Development
Act;
12. Permits of constructing private roads under Article 4 of the Private Road Act;
13. Permits of deforestation, etc. under Article 14 of the Work against Land Erosion or
Collapse Act and cancellation of designation
of erosion control places under Article 20 of
the same Act;
14. Approval of an Implementation Plan for a national industrial complex development
under Article 17 of the Act on Industrial Location
and Development, approval of an
Implementation Plan for a general industrial complex development under Article 17 of
the same Act,
and approval of an Implementation Plan for an urban hi-tech industrial
complex development under Article 18-2 of the same Act;
15. Permits of any exclusive use of a mountainous district under Article 14 of the
Mountainous District Management Act, report of
any exclusive use of a mountainous
district under Article 15 of the same Act, and permits of gathering soil and stone/rock
under
Article 25 of the same Act;
16. Permits, and reports of lumbering, etc. of standing trees under Sections and of
Article 36 in the Act on the Formation and
Management of Forest Resources, permits and
reports of actions within a forest reserve under Sections and of Article 45 in the
same act, and cancellation of a designation of a forest reserve under Article 46 of the
same Act;
17. Permits of implementing small river construction work under Article 10 of the Small
River Maintenance Act and permits of occupying
small rivers under Article 14 of the
same Act;
18. Authorization of a general waterworks business under Article 17 of the Water
Supply and Waterworks Installation Act, authorization
of a waterworks business for
industrial water under Article 49 of the same Act, authorization of exclusive water supply
under Article
52 of the same Act, and authorization of installing waterworks for exclusive
industrial water under Article 54 of the same Act;
19. Permits of conducting fishing port development project under Article 23 of the
Fishing Village and Fishing Port Act;
20. Consultation of energy using plan under Article 10 of the Energy Utilization
Rationalization Act;
21. Registration of the establishment of a large-scaled store under Article 8 of the
Distribution Industry Development Act;
22. Approval of an Implementation Plan for developing a logistics complex under
Article 28 of the Act on the Development and Operation
of Logistics Facilities;
23. Permits of opening tombs under Article 27 of the Act on Funeral Services, etc;
24. Approval of a business plan under Article 16 of the Housing Act;
25. Report of commencement or change or completion of a project under Article 27 of
the Cadastral Act;
26. Consultation relating to the supply of integrated energy under Article 4 of the
Integrated Energy Business Act;
27. Approval of a business plan under Article 12 of the Act on the Installation and Use of
Sports Facilities;
28. Permits for changing the shape and quality, etc. of land under Article 21-2 and
approval of the exclusive use of grassland under
Article 23 of the Grassland Act;
29. Examination of the use of land survey performance, etc. under Article 25 of the
Land Survey Act;
30. Approval of an Implementation Plan for a housing site development project under
Article 9 of the Housing Site Development Promotion
Act;
31. Approval or report of installing a waste treatment facility under Article 29 of the
Waste Control Act;
32. Authorization of the installation of public sewerage under Article 11 of the
Sewerage Act, permits of public sewerage work and
maintenance under Article 16 of the
same Act, and permits of occupying public sewerage under Article 24 of the same Act;
33. Consultation or approval of the concerned management agency under Article 6 of
the River Act, permits of conducting river work
under Article 30 of the same Act, and
permits of occupying rivers under Article 33 of the same Act;
34. Permit of conducting harbor work under Section of Article 9 in the Harbor Act
and approval of an Implementation Plan under Section
of Article 10, Section 2 in the
same Act.
In the event that any person who seeks to receive Authorization and Permit, etc.,
pursuant to Section , applies for approval or
approval of a change of the
Implementation Plan, he/she shall submit the relevant documents as determined by the
relevant act in
addition to the application.
In the event that an Implementation Plan, when intending to approve or approve a
change of the Implementation Plan pursuant to
Article 14, includes any of the subsections
under Section , the Do governor shall consult in advance with the head of the
concerned
administrative agency. In this case, the head of the administrative agency may
express his/her opinion.
In the event that the Authorization and Permit, etc. pursuant to other acts are deemed
as received under Section , license taxes,
commissions, use charges, etc. imposed by
the related laws and regulations shall be exempted.
Article 16 (Expropriation and Use
of Land, etc.) When necessary for conducting a
Development Project, an Undertaker may expropriate or use land articles or rights,
(hereafter referred to as "Land, etc."), under Article 3 of the Act on the Acquisition and
Compensation of Land, etc. for Conducting
a Public Service Project, provided that the
Undertaker under subsection of Section of Article 13 shall purchase land
corresponding
to more than 2/3 of the area of the land entitled to the Development Project
and gain approval from more than 1/2 of the total number
of the landowners. In this case,
the reference date for calculating the requirement for the agreement of the landowners
shall be
the announcement date of the designation of the Development Promotion District.
The land which the Undertaker acquires after the
reference date shall be included in the
total number of landowners necessary for the requirement for an agreement, and
calculated
as the number of the agreed landowners.
In case of announcing the particulars of Land, etc. under Section of Article 8,
which
are entitled to expropriation or use under Section (when announcement in the
event that the particulars of Land, etc. to be expropriated
or used in accordance with the
proviso defined in Section of Article 8 are included in the Development Plan after the
Development
Promotion District has been designated), it is deemed that an
acknowledgement for the project and a public notice of the project
acknowledgement
under Section of Article 20 and Article 22 of the Act on the Acquisition and
Compensation of Land, etc. for Conducting
a Public Project are made. Notwithstanding
Section of Article 23 and Section of Article 28 in the same Act, an application for
adjudication may be filed within the period of conducting the Development Project as
defined in the Development Plan under Article
8.
Unless otherwise provided for in this Act in connection with the expropriation or use
of Land, etc. and the relocation countermeasure,
the provisions of the Act on the
Acquisition and Compensation of Land, etc. for Conducting a Public Project shall apply
mutatis
mutandis.
Article 17 (Restriction of Disposition of State & Publicly Owned Property) The land
which is in possession of the state or a local
government within a Development
Promotion District and is necessary for the Development Project shall not be disposed of
for purposes
other than those as prescribed in the Development Plan.
Notwithstanding the State Properties Act and the Act on the Management
of Public
Properties and Articles, the land which is in possession of the state or a local government
within the Development Promotion
District and is necessary for the Development Project
shall be disposed to the Undertaker in a manner of free contract. In this
case, a Do
governor shall, when intending to abolish or dispose of the use of the property, have a
consultation with the head of
the concerned administrative agency in advance.
Upon receipt of a request for consultation pursuant to the latter paragraph of
Section
, the head of the concerned administrative agency shall take all necessary steps in
relation to the consultation within
30 days of the receipt of such request.
Article 18 (Inspection of Completion, etc.) Upon completion in whole or in part of the
Development Project, the Undertaker (excluding the state and local governments) shall
prepare a construction completion report
under conditions as prescribed by the
Presidential Decree and undergo a Do governor's completion inspection.
Immediately upon
receipt of the construction completion report under Section , the
Do governor shall conduct a completion inspection without delay.
When it is deemed that the Development Project has been completed as outlined in
the Implementation Plan as a result of conducting
the completion inspection under
Section , the Do governor shall issue and grant to the Undertaker (excluding the state
and local
governments) a certificate of completion inspection and make a construction
completion announcement. If the Development Project
has not been completed as
outlined in the Implementation Plan, the Do governor shall immediately take any
necessary steps to complete
the plan, such as complementary construction, etc.
In the event that the Undertaker of the state or a local government has in whole
or in
part completed the Development Project, the Undertaker shall make a construction
completion announcement. In this case, the
Undertaker of a national organization other
than the Minister shall have in advance a consultation with the Minister and the
competent
Do governor, and the Undertaker of the Minister shall have in advance a
consultation with the Do governor.
In case of conducting a completion inspection under Section or making a
construction completion announcement under Section , any
matters which the state or
local governments have consulted over with the head of the concerned administrative
agency under Section
of Article 15 regarding the completion inspection and
completion authorization, etc. pursuant to the legal fiction of Authorization
and Permit,
etc. under Article 15 shall be deemed as having been received the completion inspection
and completion authorization.
In case of intending to obtain the legal fiction of the completion inspection and
completion authorization, etc. under Section
, the Undertaker (excluding the state and
local governments) shall, when filing an application for completion inspection pursuant
to Section , submit the relevant documents as determined in the relevant laws and
regulations.
Article 19 (Use or Disposition of Formed Land, etc.) The Undertaker shall use or rent
or sell the land or architecture, which is
formed in accordance with the Development
Project, in accordance with a Plan for Using and Disposing the Formed Land etc. as
defined
in the Implementation Plan.
The use, procedures, and methods for renting or selling and the target of the formed
land to be rent or sold under Section and
other necessary matters shall be determined
by the Presidential Decree.
Article 20 (Attribution of Public Facilities) In the event that the Undertaker installs new
public facilities or public facilities
substituting for existing facilities for undertaking the
Development Project of the Development Promotion District, Article 65 and
Article 99 of
the Act on the Plan and Use of National Territory shall apply mutatis mutandis to an
attribution of such new public
facilities or substituting public facilities. In this case, the
Undertaker falling under subsections 3 and 4 of Section of Article
13 shall be deemed
as an Undertaker of an administrative agency.
Article 21 (Designation, etc. of Investment Promotion District for a New Development
Region) The Minister may designate the region
requiring investment promotion and
support for regional industry and newly entering companies in accordance with the
Comprehensive
Development Plan as the Investment Promotion District for a New
Development Region (hereafter referred to as "Investment Promotion
District") at the
request of a Do governor.
In the event of requesting a designation of an Investment Promotion District, a Do
governor shall prepare an investment plan for
the Investment Promotion District,
(hereafter referred to as the "Investment Plan") and hear an opinion of the Minister of
Knowledge
and the Economy and submit such Investment Plan to the Minister.
The Investment Plan shall include the following subsections:
1. Name, location, and area of the Investment Promotion District;
2. Purpose for designation of Investment Promotion District and its implementation
period;
3. Investment target, attraction of corporate investment and supporting plan;
4. Plan for installing medical, educational and welfare facilities (if necessary);
5. Plan for installing main infrastructure (if necessary);
6. Plan for providing financial resources and a yearly investment plan;
7. Matters relating to regional specialization plans (if necessary);
8. Other matters as prescribed by the Presidential Decree.
Sections through of Article 8, Article 9 and Article 11 shall apply
mutatis
mutandis to any case of designation, change, suggestion of designation and cancellation
of an Investment Promotion District.
Chapter 4 New Development Region Committee, etc.
Article 22 (Installation of New Development Region Committee) The Minister shall
establish a New Development Region Committee (hereafter
referred to as the
"Committee") belonging to the Prime Minister in order to deliberate important policies
for the development and
investment promotion of the New Development Region.
Article 23 (Matters To Be Deliberated by the Committee) The Committee shall
deliberate
any of the following subsections:
1. Matter relating to the designation and change of a Comprehensive Development Zone
under Article 5;
2. Matter relating to the designation and change of a Development Promotion District
under Article 8;
3. Matter relating to the designation and change of an Investment Promotion District
under Article 21;
4. Matter relating to the coordination of a policy for the Development Project and
Investment Promotion of a Comprehensive Development
Zone;
5. Matter relating to the financial support necessary for undertaking the Development
Project and Investment Promotion;
6. Other necessary matters determined by the Committee relating to the development of
the New Development Region.
Article 24 (Constitution and Operation of the Committee) The Committee shall consist
of less than 30 members, including one chairman.
The chairman shall be assumed by the Prime Minister and the vice chairman shall be
assumed by the Minister of Planning and Finance
and the Minister. Any persons falling
under any of the following subsections shall become members (Amended by Act No. 9629,
Apr.
22, 2009):
1. Government delegate: The head of the concerned administrative agency as prescribed
by the Presidential Decree, the head of the
Presidential Committee of Balanced National
Development and the concerned Do governor;
2. Private delegate: Individuals appointed by the Prime Minister among those who have
the knowledge and experience necessary for
the development and investment promotion
of the New Development Region.
The chairman may make the head of the concerned administrative agencies or the
heads of the concerned local governments relating
to the issues raised to the Committee
participate and give their opinions in the meetings.
The term of the membership pursuant
to Section of Article 2 shall be 2 years and
may be renewed.
Necessary matters regarding the constitution and operation of the Committee and
other necessary matters other than those provided
in this Act shall be prescribed by the
Presidential Decree.
Article 25 (Chairman) The chairman shall represent the Committee and control the
Committee's affairs as a whole.
In the event that the chairman is unable to conduct his/her job for an inevitable reason,
the vice chairman appointed in advance
by the chairman shall vicariously conduct the
function of the chairman.
Chapter 5 Support for the Undertaker and Newly Entering Enterprises
Article 26 (Exemption of Taxes) In case of being necessary
for the smooth
implementation of the Development Project for a Development Promotion District, the
state and a local government
may reduce or exempt such taxes as corporate tax, income
tax, customs duties, comprehensive property tax, value added tax, acquisition
tax,
registration tax, and property tax etc. as prescribed by tax-related acts, such as the
Restriction of Special Taxation Act
and Local Tax Act, etc. for the Undertaker of a
Development Promotion District.
The state and local government may reduce or exempt such taxes as corporate tax,
income tax, customs duties, comprehensive property
tax, value added tax, acquisition tax,
registration tax, and property tax as prescribed by tax-related acts, such as the Restriction
of Special Taxation Act and Local Tax Act, etc. for domestic and foreign new enterprises,
(hereafter referred to as "New Enterprises'),
which move into a Development Promotion
District and/or an Investment Promotion District.
Article 27 (Exemption of Charges) In
the event of being necessary for the smooth
implementation of the Development Project for a Development Promotion District, the
state and local government may reduce or exempt, for the Undertaker, such charges as
development charges, farmland preservation
charges, substituted grassland formation
charges and substituting forest resource charges as prescribed by the Act on the
Restitution
of Development Gains, the Farmland Act, the Grassland Act and the
Mountainous District Management Act.
Article 28 (Funding for New Enterprises) The state and local government may provide
a loan for purchasing land, reduce exempt rents
for land, etc. and provide support for
other financial needs for the Development Project to New Enterprises which move into a
Development
Promotion District and/or an Investment Promotion District.
The state and local government may provide funds necessary for installing
convenience facilities, such as medical establishments, education facilities, etc. to the
Undertaker and New Enterprises of a Development
Promotion District and/or New
Enterprises of an Investment Promotion District.
Article 29 (Debt Guarantee) Where the Undertaker of a Development Promotion
District signed a financial agreement with a financial
institution under a resolution of its
local council, a local government may guarantee part of the debt to the financial
institution
in respect of the Development Project.
Article 13 of the Local Finance Act shall apply mutatis mutandis to the procedures
and
methods in respect of debt guarantees under Section .
Article 30 (Support for Infrastructure and Subsidies, etc.) For the sake
of the
Development Project and Investment Attraction, the state or local government and the
persons, who supplies the facilities,
may provide infrastructure, such as ports, roads,
irrigation channels, railroads, communications, and electricity, etc.
Notwithstanding
any differential rates for subsidies under Article 10 of the Act on the
Budget and Management of Subsidies and the subsidy rates
in accordance with other laws
and regulations, the state subsidy for a project conducted by a local government under
Section may
be increased and/or supported in accordance with subsidy rates as
prescribed by the Presidential Decree.
The Minister of Culture, Sports, and Tourism may loan or support a tourism
promotion development fund to the local government or
the Undertaker under the
Tourism Promotion Development Fund Act in order to construct infrastructure for
developing a tourism industry
or drive a tourism publicity project in a Development
Promotion District and/or an Investment Promotion District.
Article 31 (Lease
or Sale of State & Publicly Owned Properties) Notwithstanding the
State Properties Act and the Act on the Management of Public
Properties and Articles, the
state or local government may enable New Enterprises, which move into an Investment
Promotion District,
to use and make benefit of state & publicly owned properties, or lease
or sell to those New Enterprises (hereafter referred to as
"Lease") free of charge.
In the event that New Enterprises fail to use the state & publicly owned properties
within a period as
prescribed by the Presidential Decree in entering into Lease or sales
contract under Section , the state or local government may
cancel the contract.
In the event of Leasing state & publicly owned properties under Section , the Lease
period may be determined
within a 50-year period, notwithstanding Section of Article
27 and Section of Article 36 in the State Properties Act and Section
of Article 21
and Section of Article 31 in the Act on the Management of Public Properties and
Articles. In this case, the Lease
period may be renewed to cover a period not exceeding 50
years per renewal.
In the event of Leasing land in the possession of the state or local government under
Section , the Undertaker may build factories
and/or other permanent facilities on the
land, notwithstanding Section of Article 24 in the State Properties Act and Article 13
of the Act on the Management of Public Properties and Articles. In this case, the state or
local government shall place a condition
stipulating that the Undertaker must donate or
return such factories and/or other permanent facilities to the state or local government
or
restore the area to its original state at the end of the period in consideration of the types of
the facilities, etc.
Notwithstanding Section of Article 25 and Article 25-2 in the State Properties Act,
(including a case of an application of mutatis
mutandis under Article 38 of the State
Properties Act), and Section of Article 22, Article 23, Article 32 and Article 38 of the
Act on the Management of Public Properties and Articles, regarding the rents for state &
publicly owned properties Leased under
Section 1, the rents of state-owned properties
may be reduced or exempted as prescribed by the Presidential Decree and those of
publicly owned properties as prescribed by Municipal Ordinance.
Chapter 6. Support for Investment Promotion and
Improvement of the Settlement Environment, etc.
Article 32 (Priority for Designation of a Lease-only Industrial Complex) In order to
attract private investment, the state or local
government may make the Undertaker falling
under subsections 1 through 4 of Section of Article 13 designate a part of a
Development
Promotion District as a Lease-only Industrial Complex pursuant to Article
46-6 of the Act on Industrial Sites and Development.
Article 33 (Priority for the Recruitment of Local Residents) The Undertaker and New
Enterprises of a Development Promotion District
and New Enterprises of an Investment
Promotion District may hire relocators under an implementation of the project and local
residents
inside the Comprehensive Development Zone.
Article 34 (Support for Educational, Cultural & Tourism Facilities) The head of a
concerned
administrative agency shall first take the step of installing or attracting cultural
facilities, including any kinds of school,
literary centers, libraries and museums, etc,
tourism facilities, accommodation facilities, leisure facilities and sports facilities,
(hereafter referred to as "Educational, Cultural, and Tourism Facilities"), in accordance
with the Comprehensive Development Plan.
Authorization and Permits, etc. shall be issued to any persons who attempt to install
Educational, Cultural, and Tourism Facilities
in the Comprehensive Development Zone
under Section or transfer to the Educational, Cultural, and Tourism Facilities.
Article
35 (Special Provision for the Installation of Schools and Medical Facilities) In
the event that the Undertaker attempts to install
a private school to nurture human
resources and improve education conditions within the Development Promotion District
in accordance
with the Development Plan, Article 35 of the Special Act on the
Development of Corporate Cities shall apply mutatis mutandis.
In the event that the Undertaker seeks to be granted an application of a special
provision on school and curriculum for the cultivation
of human resources and the
improvement of education conditions, which are suitable for the characteristics of a
Comprehensive Development
Zone within the Development Promotion District, Article
36 of the Special Act on the Development of Corporate Cities shall apply
mutatis
mutandis.
In the event that the Undertaker attempts to install and/or operate medical
establishments to secure medical based facilities in
accordance with the Development
Plan within the Development Promotion District, Article 37 of the Special Act on the
Development
of Corporate Cities shall apply mutatis mutandis.
Article 36 (Special Provision for the Supply of Houses) In the event that New
Enterprises attempt to build houses for their employees or newly established educational
institutions attempt to construct houses
for teachers and other workers or newly
established medical establishments attempt to construct houses for their doctors, nurses
and other workers, the Undertaker may first provide the land formed for building houses.
In the event of providing houses to the
employees of New Enterprises within the
Comprehensive Development Zone or the teachers, doctors, nurses and other workers of
the
newly established educational institutions and medical establishments, the
Undertaker may first provide houses, notwithstanding
Article 38 of the Housing Act.
To any persons to be first provided for under Section , a fund for purchasing a
house or a fund
for security money for a lease on a deposit basis may be loaned from a
national housing fund.
Chapter 7 Supplementary Provisions
Article 37 (Basic Survey, etc.) In order to conduct the designation of Comprehensive
Development Zone and establishment of Comprehensive
Development Plan under
Article 5, the designation of Development Promotion District and establishment of
Development Plan under
Article 8 or the establishment of Implementation Plan under
Article 14, the state, a Do governor, or the Undertaker may conduct
a basic survey
regarding the population, economy, land use, architecture, structure, and other necessary
matters as prescribed
by the Presidential Decree.
Any person who attempt to conduct a basic survey under Section may ask the head
of the concerned
administrative agency, local government, or public organization under
the Act on the Operation of Public Institutions, or other
relevant organizations to submit
the necessary documents. In this case, the heads of the organizations that are requested to
provide
the documents shall accept such a request without justifiable reason.
Article 38 (Entry and Exit to Land, etc.) In the event it
is deemed necessary for a basic
survey pursuant to Article 37, the state, a Do governor, or the Undertaker may enter and
exit other
people's land or temporarily use other people's land as an article stacking yard
or a provisional road, and change or remove bamboo,
soilstones and any other
obstacles.
Sections through 9 of Article 130, Article 131 and subsections 2 and 3 of Section
of Article 144 in the Act on the Plan and Use
of National Territory shall apply mutatis
mutandis to cases under Section . In this case, "the Undertaker of an Urban Planning
Project" shall be regarded as "the state, a Do governor, or the Undertaker."
Article 39 (Measures for Stability of Real Property
Prices and Prevention of Reckless
Development) The Minister, a Do governor, and a mayor or the head of the Gun shall
take all
necessary steps to stabilize the prices of real estate and prevent reckless
development in a Comprehensive Development Zone.
The Minister and a Do governor shall request the head of the concerned
administrative agency to take steps falling under any of
the following subsections in the
regions where there is a concern that real estate speculation or the sudden rise of real
estate
prices is likely to result from a designation of a Comprehensive Development
Zone:
1. Designation of the Designated Region under Section of Article 104-2 in the
Income Tax Act;
2. Designation of a Speculation-Watch Zone under Article 41 of the Housing Act;
3. Designation of Land Transaction Permit Zones Regarding Land Transaction
Contracts under Article 117 of the Act on the Plan and
Use of National Territory;
4. Other necessary steps for stabilizing the prices of real estate.
In order to prevent the reckless development of regions in the
vicinity of a
Comprehensive Development Zone, a Do governor shall take all necessary steps, such as
the change etc. of the urban
control plan under Article 30 of the Act on the Plan and Use
of National Territory.
Article 40 (Supervision) In the event that the Undertaker under this Act falls under any
of the following subsections, a Do governor
may cancel the authorization, approval,
permit, registration, or designation pursuant the Act, or suspend the validity, stop the
work, give an order of the alteration, change, transfer or removal of architecture and/or
structures, or make the Undertaker take
other necessary steps:
1. When authorization, approval, permits, registration, or designation is obtained in a
deceit or unlawful way;
2. When the continuous performing the Development Project is deemed impossible or
likely to hurt the public interest due to a change
of circumstances;
3. When breaching this Act or an order or disposition hereto;
In the event of making a disposition pursuant to Section , a Do governor
shall place
a public notice in his/her provincial gazette.
Article 41 (Delegation of Powers) The Minister may delegate part of his/her powers
under this Act to a Do governor or a mayor or
the head of the Gun.
Chapter 8 Penal Provisions
Article 42 (Penal Provision) Anyone who falls under any of the following subsections shall
be punished by an imprisonment for not
more than 5 years or by a fine not exceeding 50
million:
1. Any person who suggests under Article 9 to designate or change a Development
Promotion District under Article 8 in a deceit or
other unlawful way;
2. Any person who performs the construction of architecture and installs structures, etc.
in a Development Promotion District without
obtaining a permit in violation of Section
of Article 12,;
3. Any person who obtains approval or approval of change for the Implementation Plan
under Article 14 in a deceit or other unlawful
way;
4. Any person who conducts the Development Project without obtaining approval or
approval of change for the Implementation Plan under
Article 14.
Article 43 (Joint Penal Provisions) Where the representative of a juristic person or the
juristic person itself, or
an individual's agent, servant, or other employees commit offenses
under Article 42 in connection with the work of such a juristic
person or individual, the
juristic person or individual shall also be punished by a fine as prescribed in the
corresponding provisions
in addition to a punishment for the offender, provided that, in the
event that the juristic person or individual is not negligent
in paying considerable
attention and supervision in order to prevent such offenses, the same shall not apply.
Article 44 (Fine
for Negligence) Any person who fails to deliver the order of a Do
governor pursuant to Section of Article 40 shall be punished
by a fine for negligence not
exceeding 30 million won.
The fine for negligence under Section shall be imposed and collected by a Do
governor as prescribed by Ordinance of the Do.
Any person who is dissatisfied with a disposition of a fine for negligence under Section
may make an objection to the Do governor
within thirty days of the date of the receipt of
such a disposition.
Where a person who has been given a disposition of a fine for negligence pursuant to
Section makes an objection pursuant to Section
, the Do governor shall immediately
notify the competent court of the fact and the court which has received the notification shall
bring a hearing on the fine for negligence under the Non-Contentious Case Litigation
Procedure Act.
Where no objections are made and no fine for negligence is paid within the period
referred to in Section , the fine shall be collected
in accordance with the example of
dispositions on a default of local taxes.
Addenda (Coastal Management Act)
Articles 2 through 9; omitted
Article 10 (Revision of Other Acts) Sections through : Omitted.
Part of the Special Act on the Investment Promotion for Nurturing
a New
Development Region shall be revised as follows;
The "Establishment of the Comprehensive Coastal Management Plan under Article 5,
Establishment of the Coastal Management Region
Plan under Article 8, the
Comprehensive Coastal Management Plan under Article 10, Coastal Management Act
" in the provisions of
Article 10, Section shall be revised as "Establishment of the
Comprehensive Coastal Management Plan under Article 6, Establishment
of the Coastal
Management Region Plan under Article 9, and the Comprehensive Coastal Management
Plan under Article 12 of the Coastal
Management Act," respectively.
Sections through : Omitted
Article 11: Omitted
Addenda (Special Act on Balanced National Development)
Article 1(Enforcement Date) This Act shall enter into force on the date of its promulgation.
Articles 2 through 5; Omitted
Article 6 (Revision of Other Acts) Sections through : Omitted.
Part of the Special Act on the Investment Promotion for Nurturing
a New
Development Region shall be amended as follows;
The "subsection of Article 2 in the Special Act on Balanced National Development
shall be amended as subsections and of Article
2 in the Special Act on Balanced
National Development.
Sections through <16>: Omitted
Article 7: Omitted.
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