Enforcement Decree Of The Framework Act On The National Land


Published: 2009-08-05

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Framework Act on the National Land and other matters necessary to implement such delegated matters. <Amended by Presidential Decree No. 20486, Dec. 28, 2007>
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 Article 1-2 (Survey and Appraisal of Sustainability of Management of National Land)   print
(1) When the Minister of Land, Transport and Maritime Affairs or the head of a local government makes a survey and an appraisal of sustainability of the management of the national land pursuant to Article 5-2 (5) of the Framework Act on the National Land (hereinafter referred to as the "Act"), he/she shall make a survey and an appraisal thereof according to the indexes and standards under Article 5-2 (1) and (2) of the Act. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs or the head of a local government may, if necessary, entrust a specialized agency with a survey and an appraisal of sustainability under paragraph (1). <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs or the head of a local government may request the head of the related administrative agency to submit related materials necessary for a survey and an appraisal of sustainability under paragraph (1). <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs or the head of a local government shall, in cases where he/she has made a survey and an appraisal of sustainability of the management of the national land pursuant to paragraph (1), publish the results thereof. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20486, Dec. 28, 2007]
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 Article 2 (Establishment of Guideline for Drawing Up of Draft Plan by Jurisdiction, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she asks the heads of central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as the "Mayor/Do governor") to submit their draft plans by jurisdiction pursuant to Article 9 (2) of the Act, establish a guideline for drawing up such draft plans by jurisdiction and then furnish such guideline to the Mayor/Do governor. In such cases, the Minister of Land, Transport and Maritime Affairs shall consult with the heads of central administrative agencies concerned in advance before he/she determines and furnishes the guideline to the Mayor/Do governor. <Amended by Presidential Decree No. 20486, Dec. 28, 2007; Presidential Decree No. 20736, Feb. 29, 2008>
(2) The guideline for drawing up the draft plans by jurisdiction referred to in paragraph (1) shall include matters falling under each of the following subparagraphs:
1. Background and the objective of drawing up the comprehensive national land plan;
2. Basic direction for drawing up the comprehensive national land plan;
3. Outline of policies and projects that need to be reflected in the comprehensive national land plan;
4. Matters and main points to be taken into consideration when the draft plans by jurisdiction are drawn up; and
5. Other matters necessary to draw up the draft plans by jurisdiction.
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 Article 3 (Adjusting and Summarizing of Draft Plans by Jurisdiction)   print
The Minister of Land, Transport and Maritime Affairs shall, when he/she adjusts and summarizes the draft plans by jurisdiction pursuant to Article 9 (3) of the Act, examine matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
1. Whether policies or projects are in conformity with the objective and basic direction of the comprehensive national land plan;
2. Whether there is any conflict between policies or projects;
3. The appropriateness of policies or projects;
4. Priority and importance of policies or projects;
5. Expected effects of policies or projects; and
6. Possibility of securing required financial resources.
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 Article 4 (Public Hearing)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to hold a public hearing in accordance with Article 11 of the Act, publish matters falling under each of the following subparagraphs in nationally circulated dailies not less than once by 14 days before such public hearing is held: <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
1. Objective of holding the public hearing;
2. Scheduled date, time and venue of the public hearing;
3. Outline of the comprehensive national land plan;
4. Matters concerning the presentation of opinions; and
5. Other matters necessary to hold the public hearing.
(2) Any person or any relevant expert, etc. who has his/her opinion to state with respect to details of a comprehensive national land plan draft may attend the public hearing in person to state his/her opinion or submit a summary of his/her opinion to the Minister of Land, Transport and Maritime Affairs by means of letter or computer communications. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
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 Article 5 (Development of Do Comprehensive Plan, etc.)   print
(1) The term "Do prescribed by Presidential Decree" in the proviso to the portion other than each of subparagraphs of Article 13 (1) of the Act means Gyeonggi-do for which a Seoul metropolitan area readjustment planning under Article 4 of the Seoul Metropolitan Area Readjustment Planning Act is drawn up and Jeju Special Self-Governing Province for which a comprehensive plan in accordance with Article 222 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City is drawn up. <Amended by Presidential Decree No. 19563, Jun. 29, 2006; Presidential Decree No. 20486, Dec. 28, 2007>
(2) The term "matters prescribed by Presidential Decree" in Article 13 (1) 7 of the Act means the matters falling under each of the following subparagraph:
1. Matters concerning the improvement of living environment such as housing, tap water and sewerage system, parks, convenience facilities, etc. for weak or senior citizens;
2. Matters concerning the construction of cultural and tourist infrastructure;
3. Matters concerning the prevention of disasters and the safety management of facilities;
4. Matters concerning the development and fostering of local industries; and
5. Matters concerning the implementation and management of plans, including ways to secure financial resources, etc.
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 Article 6 (Standards for and Methods of Drawing Up of Do Comprehensive Plan)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish a guideline for drawing up the Do comprehensive plan, including standards for and methods, etc. of drawing up such plan in order to get the Do comprehensive plan provided for in Article 13 of the Act to lay out a long- and short-term policy direction and a guideline for improving the welfare of locals and developing local communities, and such Do comprehensive plan compatible with the comprehensive national land plan that is approved under Article 12 of the Act and furnish such guideline to every Do governor after consulting with the heads of central administrative agencies concerned. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(2) The guideline for drawing up the Do comprehensive plan that is established by the Minister of Land, Transport and Maritime Affairs under paragraph (1) shall include matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
1. Relationship between the comprehensive national land plan and the Do comprehensive plan;
2. Basic matters of the Do comprehensive plan and procedures for drawing up such plan;
3. Matters and points to be taken into consideration when the Do comprehensive plan is drawn up; and
4. Other necessary matters in connection with the drawing up of the Do comprehensive plan.
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 Article 7 (Details of Implementation Schedule, etc.)   print
(1) The implementation schedule by jurisdiction that is required to be developed in accordance with Article 18 (1) of the Act shall be developed every five years and include matters falling under each of the following subparagraphs:
1. Current state and problems;
2. Goals and implementation strategy;
3. Task to be performed and a detailed implementation schedule;
4. Implementation period and investment plan; and
5. Other matters necessary to efficiently carry out the implementation schedule.
(2) The heads of central administrative agencies and the Mayor/Do governor shall each compile an actual promotion record of the implementation schedule by jurisdiction, under the provisions of Article 18 (2) of the Act, as of December 31 of every year and submit such written record to the Minister of Land, Transport and Maritime Affairs by the end of May of the next year. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall periodically assess performance of the implementation of the comprehensive national land plan, under the provisions of Article 18 (3) of the Act, based on the actual promotion record of the implementation schedule by jurisdiction referred to in paragraph (2) and inform the heads of relevant central administration agencies and the Mayor/Do governor of such findings. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
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 Article 8 Deleted.<by Presidential Decree No. 21671, Aug 5, 2009>   print
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 Article 9 (Compilation of Annual Report on Plan and Utilization of National Land)   print
(1) A report on the plan and major policies for the utilization of the national land provided for in Article 24 of the Act (hereinafter referred to as the "annual report") shall be compiled by the Minister of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may, if he/she deems it necessary to compile the annual report referred to in paragraph (1), ask the heads of relevant central administrative agencies to furnish him/her with material on the plan and utilization of the national land. In such cases, the heads of relevant central administrative agencies shall comply with the request from the Minister of Land, Transport and Maritime Affairs unless special grounds exist that make it impossible for them to do so. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall compile the annual report based on the material furnished under paragraph (2), the actual promotion records of the implementation schedule by jurisdiction submitted under Article 7 (2) and the results of the national land survey conducted under Article 25 of the Act, etc. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
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 Article 10 (Conduct of National Land Survey)   print
(1) The term "matters prescribed by Presidential Decree" in Article 25 (1) of the Act means the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
1. Matters concerning geographical information including topography, and ground features, etc.;
2. Matters concerning agriculture, forest, ocean and fisheries;
3. Matters concerning the prevention of disaster and safety; and
4. Other matters deemed necessary by the Minister of Land, Transport and Maritime Affairs.
(2) The national land survey provided for in Article 25 (4) of the Act shall be conducted according to the classification falling under each of the following subparagraphs and the Minister of Land, Transport and Maritime Affairs may draw up a plan for the national land survey after consulting with the heads of relevant central administrative agencies and
the Mayor/Do governor about necessary matters such as items to be surveyed in the national land survey and entities in charge of the survey in order to efficiently carry out the national land survey: <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
1. Periodic survey: the survey that is conducted annually to make use of findings from the survey to formulate and implement policies and plans of the national land; and
2. Non-periodic survey: the survey that is conducted on a specific region or a specific field, etc. that is deemed necessary to be surveyed by the Minister of Land, Transport and Maritime Affairs.
(3) Matters necessary to conduct the national land survey other than the matters provided for in paragraph (2) shall be prescribed by the Minister of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20736, Feb. 29, 2008>
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 Article 11 (Advisory Organization)   print
The Minister of Land, Transport and Maritime Affairs may establish an advisory organization for advice on matters necessary for formulation, etc. of the national land planning.
[This Article Wholly Amended by Presidential Decree No. 20736, Feb. 29, 2008]
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 Articles 12 through 18 Deleted.<by Presidential Decree No. 20736, Feb. 29, 2008>   print
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 Article 19 (Delegation of Authority)   print
The Minister of Land, Transport and Maritime Affairs shall delegate his/her authority falling under each of the following subparagraphs to the President of the National Geographic Information Institute in accordance with Article 33 (1) of the Act: <Amended by Presidential Decree No. 18067, Jul. 26, 2003; Presidential Decree No. 20736, Feb. 29, 2008; Presidential Decree No. 21671, Aug 5, 2009>
1. Deleted. <by Presidential Decree No. 21671, Aug 5, 2009>
2. The national land survey under Article 25 of the Act, request for the submission of material, request for firsthand survey, the commission of survey to any specialized institution and the development of a plan for surveying the national land under Article 10 (2);
3. Matters concerning the management and utilization of the national land information provided for in Article 8.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Article 2 (Abrogation of Acts and Subordinate Statutes)
(1) The Enforcement Decree of the Act on Comprehensive Plans for Construction in the National Territory shall be hereby abrogated.
(2) The Rules on the Committee on the Promotion of Development of the West Coast shall be hereby abrogated.
Article 3 (Transitional Measures following Abrogation of Rules on Committee on Promotion of Development of West Coast)
Matters pending to be deliberated on and coordinated by the Committee on the Promotion of Development of the West Coast that is established pursuant to the Rules on the Committee on the Promotion of Development of the West Coast at the time of enforcement of this Decree shall be deemed the matters delegated to the subcommittee provided for in Article 12 (1) to deliberate thereon.
Article 4 Omitted.
Article 5 (Relations with Other Acts and Subordinate Statutes)
In cases where, at the time of the enforcement of this Decree, the former Enforcement Decree of the Act on Comprehensive Plans for Construction in the National Territory or a provision thereof has been cited in other Acts and subordinate statutes, and if there is a provision falling into such provisions in this Decree, then the citation shall be regarded as having been of this Decree or a corresponding provision, in place of the former provisions.
ADDENDA<Presidential Decree No. 18067, Jul. 26, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDUM<Presidential Decree No. 20486, Dec. 28, 2007>
This Decree shall enter into force on December 29, 2007.
ADDENDUM<Presidential Decree No. 20736, Feb. 29, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 21671, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Articles 2 through 3 Omitted.