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ENFORCEMENT DECREE OF THE SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCH…

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작성자 PYEONGCHANG 작성일18-10-19 17:37 조회23회

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ENFORCEMENT DECREE OF THE SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES

[Enforcement Date 26. Jul, 2017.] [Presidential Decree No.28211, 26. Jul, 2017., Amendment by Other Act]

문화체육관광부  ( 평창올림픽지원과) , 044-203-3144


 

CHAPTER I GENERAL PROVISIONS
 

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Special Act on Support for the 2018 PyeongChang Olympic and Paralympic Winter Games and matters necessary for the enforcement thereof.  <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
 

Article 2 (Games-Related Facilities)

"Facilities prescribed by Presidential Decree" in subparagraph 2 (f) of Article 2 of the Special Act on Support for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Act") means venues for the opening and closing ceremonies.  <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
 

CHAPTER II ORGANIZING COMMITTEE
 

Article 2-2 (Procedures for Receiving Donations, etc.)

(1) Where receiving any donation under Article 6-2 (1) of the Act, the Organizing Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games provided for in Article 5 (1) of the Act (hereinafter referred to as “Organizing Committee”) shall issue a receipt to the donor: Provided, That such issuance may be omitted where the donation is made anonymously or the donor is unknown.

(2) Where the donor specifies the purpose of the donation, the Organizing Committee shall use the donation only for the purpose.

(3) Notwithstanding paragraph (2), under extenuating circumstances where it is especially impractical to use such donation for the purpose specified by the donor, it may be used for other purposes with the consent of the donor: Provided, That under extenuating circumstances where it is impossible to obtain consent of the donor because the donation is made anonymously, the donor is unknown, etc., the Organizing Committee may use it for other purposes after posting such information on its bulletin board and website for at least seven days.

(4) The Organizing Committee shall create a separate account for the donations provided for in paragraph (1) and manage them.

(5) The Organizing Committee shall maintain accounting books recording the status of the donations received, how they are used, etc., and make them available for the donors to peruse.

[This Article Newly Inserted by Presidential Decree No. 27464, Aug. 29, 2016]

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 27464, Aug. 29, 2016]
 

Article 3 (Counter-Terrorism and Security Measures, etc.)

(1) Pursuant to Article 7 (2) of the Act, a Committee on Counter-Terrorism and Security Measures may be established to accomodate the requests made by the Organizing Committee.  <Amended by Presidential Decree No. 27464, Aug. 29, 2016>

(2) The Director of the National Intelligence Service shall serve as the chairperson of the Committee on Counter-Terrorism and Security Measures to be established under paragraph (1) (hereinafter referred to as "Committee on Counter-Terrorism and Security Measures"), and the heads of the relevant administrative agencies performing such duties as maintaining public peace, guarding against and preventing terrorism shall serve as its members.

(3) The Committee on Counter-Terrorism and Security Measures shall have a Counter-Terrorism and Security Measures Headquarters to conduct its businesses.

(4) Where the chairperson of the Committee on Counter-Terrorism and Security Measures deems it necessary for performing the duties of the Counter-Terrorism and Security Measures Headquarters, he/she may request the heads of the relevant administrative agencies to dispatch public officials under their control or to provide other necessary assistance.

(5) Matters necessary for the composition and operation of the Committee on Counter-Terrorism and Security Measures and the Counter-Terrorism and Security Measures Headquarters referred to in paragraph (3) (hereinafter referred to as "Counter-Terrorism and Security Measures Headquarters") shall be determined by the chairperson of the Committee on Counter-Terrorism and Security Measures after consultation with the president of the Organizing Committee and the heads of the relevant administrative agencies.

(6) As prescribed in Article 7 (3) of the Act, the duties to be performed by the Organizing Committee, the Committee on Counter-Terrorism and Security Measures and the Counter-Terrorism and Security Measures Headquarters shall be as follows:  <Amended by Presidential Decree No. 27464, Aug. 29, 2016>

1. Organizing Committee:

(a) Guarding, access control, maintenance of order and guidance on facilities directly related to the Games;

(b) Matters relating to the safety of athletes, executives, journalists, employees, spectators, etc.;

2. Committee on Counter-Terrorism and Security Measures and Counter-Terrorism and Security Measures Headquarters:

(a) Formulation and implementation of comprehensive measures for counter-terrorism and security relating to the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Games");

(b) Support for guarding, public security, traffic control, etc. in the surrounding areas of facilities directly related to the Games;

(c) Support for rescue, first aid, etc. in emergencies, such as the prevention and extinguishment of fire, disasters, accidents, etc. relating to the Games;

(d) Other counter-terrorism and security measures requested by the Organizing Committee.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 4 (Management, Operation, etc. of Fund)

(1) The Olympic Games Fund established under Article 8 (1) of the Act (hereinafter referred to as the "Fund") shall be managed by the Organizing Committee.

(2) The Fund shall be managed by the following methods:

1. Deposit in a bank defined in Article 2 (1) 2 of the Banking Act;

2. Purchase of national bonds or public bonds.

(3) The Fund shall be used to meet the expenses incurred in conducting business reflected in the business plan and the budget bill referred to in Article 21 of the Act.

(4) The accounts of the Fund shall be kept according to business accounting principles.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 5 (Profit-Making Businesses)

"Business prescribed by Presidential Decree" in Article 12 (1) 5 of the Act means any of the following business:  <Amended by Presidential Decree No. 27323, Jul. 6, 2016>

1. Deleted;  <by Presidential Decree No. 27464, Aug. 29, 2016>

2. Advertising business (excluding the outdoor advertising business prescribed in the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry);

3. Other businesses deemed necessary for the efficient preparation for and operation of the Games by the Minister of Culture, Sports and Tourism.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 6 (Grant of Funds to Other Institutions, etc.)

In any of the following cases, the Organizing Committee may grant some of the funds raised by the profit-making business to other institutions, corporations and organizations relating to the Games upon approval from the Minister of Culture, Sports and Tourism pursuant to Article 12 (2) of the Act:

1. Where stadiums, conveniences, etc. are improved or repaired in preparation for the Games;

2. Where arts and culture events directly relating to the Games are supported;

3. Where it is necessary to efficiently promote profit-making businesses.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 7 (Increased Issuance of Sports Promotion Betting Tickets)

(1) Where the Organizing Committee intends to request the president of the Korea Sports Promotion Foundation (hereinafter referred to as "president") to issue an increased number of sports promotion betting tickets prescribed in Article 24 of the National Sports Promotion Act pursuant to Article 13 of the Act, it shall specify the total expenses incurred in relation to the preparation for and operation of the Games and the amount requested for subsidization.

(2) The president in receipt of a request to issue an increased number of sports promotion betting tickets as prescribed in paragraph (1) shall do so, upon approval from the Minister of Culture, Sports and Tourism, in an edition different from that of the sports promotion betting tickets issued for other sports events.

(3) Profits accruing from the increased issuance of sports promotion betting tickets pursuant to Article 13 (2) of the Act shall be used to subsidize the expenses incurred in relation to the preparation for and operation of international tournaments by the organizing committees of international tournaments (hereafter referred to as "operating expenses" in this paragraph) where the grounds therefor exist in the Act or other Acts or subordinate statutes: Provided, That remainder of the profits after such subsidization shall be contributed to the National Sports Promotion Fund established under the National Sports Promotion Act.

(4) Except as prescribed in paragraphs (1) through (3), the National Sports Promotion Act shall apply mutatis mutandis to the increased issuance of sports promotion betting tickets.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 8 (Service Charges, etc.)

Where the Organizing Committee intends to collect service charges or usage fees as prescribed in Article 17 of the Act, it shall submit a document stating the following to the Minister of Culture, Sports and Tourism for approval:

1. Type of service charges or usage fees;

2. Rates and standards for calculation;

3. Methods and procedures of collection;

4. Other matters necessary for the collection of service charges and usage fees.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 9 (Period of Dispatch of Public Officials)

Notwithstanding Article 41 (2) 1 of the Decree on the Appointment of Public Officials or Article 27-2 (2) 1 of the Decree on the Appointment of Local Public Officials, public officials dispatched for at least one year as prescribed in Article 19 (1) of the Act may be dispatched until March 31, 2019.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 10 (Use of Games Insignias, etc.)

(1) "Games-related symbols, etc. prescribed by Presidential Decree, such as insignias and mascots designated by the Organizing Committee" in the first sentence of Article 25 of the Act means any of the following symbols, etc.:  <Amended by Presidential Decree No. 27464, Aug. 29, 2016; Presidential Decree No. 27977, Apr. 3, 2017>

1. Games-related insignias, mascots, torches, medals, testimonials, slogans, a theme song, pictogram, the flag of the Games, commemorative money, memorial stamps, public publications, posters, design of uniforms, and visual symbols, all of which are designated by the Organizing Committee (Look of the Games);

2. Various marks, designs, mottos, music, and sculptures containing the symbols referred to in subparagraph 1;

3. Those similar to the symbols referred to in subparagraph 1.

(2) "If they use such symbols, as prescribed by Presidential Decree" in the proviso to Article 25 of the Act means any of the following cases:

1. Where a registered right-holder under the Trademark Act or the Design Protection Act uses such symbols;

2. Where such symbols are used, with the approval of the International Olympic Committee or the International Paralympic Committee;

3. Where such symbols are used for news reports or education.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

CHAPTER III GAMES SUPPORT COMMITTEE
 

Article 11 (Operation, etc. of the Games Support Committee)

(1) The Support Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Committee") established under Article 26 of the Act shall deliberate on and coordinate the following:  <Amended by Presidential Decree No. 27464, Aug. 29, 2016>

1. Matters concerning approval of a plan to establish and use games-related facilities (hereinafter referred to as "project plan") pursuant to Article 27 (1) of the Act;

2. Matters concerning the formulation of a plan to revoke the designation as a conservation zone for forest genetic resources, and to protect, conserve, and recover forests pursuant to Article 34 of the Act;

3. Matters requiring overall governmental support for successful preparation for and holding of the Games;

4. Other matters deemed necessary by the chairperson of the Support Committee concerning the Games.

(2) The terms of office of the members appointed or commissioned by the chairperson of the Support Committee pursuant to Article 26 (2) 18 of the Act shall be three years.

(3) Where the chairperson deems it necessary or at least 1/3 of all incumbent members make a request, the chairperson of the Support Committee shall call a meeting.

(4) If the chairperson of the Support Committee is unable to perform his/her duties due to an extenuating circumstance, his/her duties shall be performed by (in the following order) the Minister of Culture, Sports and Tourism, the Minister of Strategy and Finance, and the Minister of Education, and if the chairperson and vice chairpersons of the Support Committee are all unable to perform their duties due to an extenuating circumstance, a member in the order prescribed in the subparagraphs of Article 26 (2) of the Act shall perform the duties of the chairperson of the Support Committee.  <Amended by Presidential Decree No. 25751, Nov. 19, 2014>

(5) Where the chairperson of the Support Committee intends to call a meeting, he/she shall notify all members of the date, place and agenda of the meeting by no later than seven days before the meeting: Provided, That where such meeting is to be held urgently or any extenuating circumstance exists, he/she may notify all members of such matters by one day prior to the meeting.

(6) Meetings of the Support Committee shall be held with attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of those present.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 11-2 (Removal and Dismissal of Members)

The chairperson of the Games Support Committee may remove or dismiss a member under Article 26 (2) 18 of the Act in any of the following cases:

1. Where he/she is unable to perform his/her duties due to a mental disorder;

2. Where he/she has engaged in corruption in the course of performing his/her duties;

3. Where he/she is deemed no longer qualified as a member due to the neglect of duties, injury to dignity, or any other reason;

4. Where he/she declares that it is difficult to perform his/her duties.

[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
 

Article 12 (Composition and Operation of Support Working Committee)

(1) The Support Working Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Working Committee") referred to in Article 26 (4) of the Act shall be comprised of not more than 30 members, including one chairperson, and each of the following persons shall become a member:  <Amended by Presidential Decree No. 24453, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27464, Aug. 29, 2016; Presidential Decree No. 28211, Jul. 26, 2017>

1. One person from each of the following agencies who shall be nominated by the head of the agency he/she belongs to, from among public officials of the Senior Civil Service of the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry for Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Korea Communications Commission, the Korea Forest Service and the Office for Government Policy Coordination;

2. The Administrative Vice Governor of Gangwon-do;

3. The Secretary General of the Korean Olympic Committee established under Article 33 of the National Sports Promotion Act;

4. The Secretary General of the Korea Sports Association for the Disabled established under Article 34 of the National Sports Promotion Act;

5. The Secretary General of the Organizing Committee;

6. Persons appointed or commissioned by the chairperson of the Support Working Committee based on the male-female ratio, from among those with extensive expert knowledge of and experience in preparing and holding international tournaments.

(2) The terms of office for members appointed or commissioned under paragraph (1) 6 shall be three years.

(3) The Support Working Committee shall have one executive secretary who shall be designated by the chairperson of the Support Working Committee to manage its administrative affairs.

(4) Where the chairperson of the Support Working Committee is unable to perform his/her duties due to unavoidable circumstances, a member designated by the chairperson shall perform the duties of the chairperson on his/her behalf.

(5) Except as prescribed in paragraphs (1) through (4), Article 11 (3), (5) and (6) shall apply mutatis mutandis to the operation of the Support Working Committee. In such cases, the "Support Committee" shall be construed as the "Support Working Committee."

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 12-2 (Dismissal of Members of the Support Working Committee)

(1) A nomination of a member made under Article 12 (1) 1 may be withdrawn in any of the following cases:

1. Where he/she is unable to perform his/her duties due to a mental disorder;

2. Where he/she has engaged in corruption in performing his/her duties;

3. Where he/she is deemed no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason;

4. Where he/she declares that it is difficult to perform his/her duties.

(2) The chairperson may remove or dismiss a member under Article 12 (1) 6, if such member falls under any of the subparagraphs of paragraph (1).

[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
 

Article 13 (Operation of Support Committee, etc.)

(1) Where the Support Committee and the Support Working Committee deems it necessary to deliberate on agenda and perform other duties, they may have interested persons or relevant specialists attend meetings to state their opinions, or request them to submit their opinions.

(2) Interested persons or relevant specialists who attend meetings of the Support Committee or the Support Working Committee may be paid allowances within budgetary limits: Provided, That this shall not apply to a member who is a public official who attends such meetings in direct relation to his/her duties.

(3) Except as prescribed in paragraphs (1) and (2), matters necessary for the operation of the Support Committee and the Support Working Committee shall be determined by the chairperson of the Support Committee upon resolution by the Support Committee.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

CHAPTER IV GAMES-RELATED FACILITIES, ETC.
 

Article 14 (Standards, etc. for Establishment of Project Plans)

(1) The Governor of Gangwon-Do (hereinafter referred to as the "Governor") shall include the following in each project plan referred to in Article 27 (5) of the Act:

1. Basic direction-setting for and outline of the project;

2. Location and size of the area in which Games-related facilities are established and used;

3. Plans for creating a site;

4. Plans for building Games-related facilities;

5. Annual investment plans and funding plans;

6. Measures for using newly-built competition venues and facilities after the Games and measures for financing operating expenses.

(2) "Any modification to insignificant matters prescribed by Presidential Decree" in the proviso to Article 27 (6) of the Act means any of the following cases:

1. Where the total scale of Games-related facilities is modified by up to 10/100 of the total scale in the initial plan;

2. Where operating expenses are modified by up to 10/100 of the total operating expenses;

3. Where total operating expenses are modified due to changes in the price of commodities, changes in the method of construction or settlement of accounts;

4. Where the project period is modified by up to two years;

5. Where the project plan is modified to utilize other existing facilities, other than those planned, as Games-related facilities (limited to cases where operating expenses are not modified).

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 15 (Public Announcement of Project Plans)

Where a project plan or any modification thereto is approved as prescribed in Article 27 (4) or (6) of the Act, the Governor shall, without delay, announce the project plan so approved or modified on the official bulletin and make it available for inspection by the public for at least 14 days.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 16 (Subsidization, etc. for Games-Related Facilities)

(1) The State or local governments may grant subsidies to cover the operating expenses necessary for constructing, remodeling and repairing facilities directly related to the Games (excluding facilities defined in subparagraph 2 (a) of Article 2 of the Act and access roads to the stadiums among the facilities defined in subparagraph 2 (b) of Article 2 of the Act), including design costs, compensatory payments, and construction costs, within budgetary limits: Provided, That this shall not apply to facilities established based on private investment.

(2) Where the State allocates a budget to subsidize project funds as prescribed in paragraph (1), the rate of subsidization shall be determined by the Minister of Strategy and Finance. In such cases, the Minister of Culture, Sports and Tourism may present his/her opinion thereon.

(3) Pursuant to Article 28 (5) of the Act, the Governor may request the State or a local government to complete Games-related projects that are being implemented or scheduled to be implemented by the State or the local government by no later than one year before the Games. In such cases, the State or the local government in receipt of such request shall actively comply therewith in the absence of extenuating circumstances.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 17 (Implementers of Projects for Establishment, Use, etc. of Games-Related Facilities)

(1) "Public institutions prescribed by Presidential Decree" in Article 30 (1) 2 of the Act means the following public institutions:

1. The Korea Tourism Organization incorporated under the Korea National Tourism Organization Act;

2. The Korea Rural Community Corporation incorporated under the Korea Rural Community Corporation and Farmland Management Fund Act;

3. The Korea Expressway Corporation incorporated under the Korea Expressway Corporation Act;

4. The Korea Water Resources Corporation incorporated under the Korea Water Resources Corporation Act;

5. The Korea Land and Housing Corporation incorporated under the Korea Land and Housing Corporation Act;

6. The Korea Sports Promotion Foundation incorporated under the National Sports Promotion Act.

(2) "Implementers prescribed by Presidential Decree" in Article 30 (1) 5 of the Act means the following:

1. The Organizing Committee;

2. Where Games-related facilities located in a local government, other than in the venue Sis or Guns, are to be improved and repaired for use as Games-related facilities, the head of the local government having jurisdiction over such facilities.

(3) A person who intends to be designated as the implementer of a project (hereinafter referred to as "implementer") to establish and use Games-related facilities pursuant to Article 30 (1) of the Act shall prepare documents containing the following information and submit them to the Governor:

1. Type and scale of the project;

2. Name and address of a person who intends to implement the project (in cases of a corporation, the name and address of the corporation, and the name and address of its representative);

3. Location and size of the area in which the project is to be implemented;

4. Objectives and methods of implementing the project and the details of the project;

5. Duration of the project;

6. Funding plans;

7. Where he/she intends to receive national subsidies, details thereof and grounds therefor;

8. Where he/she performs incidental work, details thereof and grounds therefor;

9. Other matters necessary for the implementation of the project.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 18 (Approval for Implementers' Project Plans)

(1) Each implementer shall prepare an implementer's project plan including the following and obtain approval from the Governor as prescribed in Article 31 (1) of the Act: Provided, That subparagraphs 2, 3 and 7 shall be included only where relevant facts exist:

1. Location map of the area in which the project is implemented;

2. Location, lot number and land category and size of land, articles and rights (referring to land, articles and rights as defined in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; hereinafter referred to as "land, etc.") to be expropriated or used, details of ownership and rights other than ownership, and names and addresses of the owners or persons holding such rights;

3. Plans to purchase and compensate for land, etc. and measures to relocate residents;

4. Projected ground plan and preliminary design drawings;

5. Duration of the project;

6. A funding plan;

7. Plans to relocate and remove public facilities and plan to establish replacement facilities;

8. Documents necessary for consultation with the heads of the relevant administrative agencies pursuant to Article 33 (2) of the Act;

9. In the case of a project subject to environmental impact assessment pursuant to Article 22 of the Environmental Impact Assessment Act or a project subject to small-scale environmental impact assessment pursuant to Article 43 of the same Act, documents on the details of consultation over the environmental impact assessment pursuant to Article 29 or 45 of the same Act.

(2) Upon receipt of the project plan under paragraph (1), the Governor shall verify the cadastral map of the area in which the project is to be implemented through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act.

(3) Where the Governor determines whether to approve the implementer's project plan pursuant to paragraph (1), he/she shall take the following factors into consideration:

1. Whether the contents of the implementer's project plan are consistent with the relevant project plan referred to in Article 27 of the Act;

2. Appropriateness of a plan to purchase and compensate for land, etc. and of measures to relocate residents;

3. Whether the contents of the projected ground plan and the preliminary design drawings are in compliance with relevant Acts and subordinate statutes;

4. Appropriateness of funding plans.

(4) "Any modification to insignificant matters prescribed by Presidential Decree" in the proviso to Article 31 (1) of the Act means any of the following cases:

1. Where the scale of the project is modified by up to 10/100 of the total scale of the project;

2. Where the operating expenses are modified by up to 10/100 of the total operating expenses;

3. Where the duration of the project is modified by up to one year;

4. Where the location or structure of equipment and facilities are modified (limited to cases where the total project funds are not modified).

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

Article 19 (Verification of Completion of Construction)

An inspection necessary for verifying the completion of construction pursuant to Article 38 (2) of the Act shall be conducted by an affiliated public official or a person requested to conduct the inspection pursuant to the latter part of Article 38 (1) of the Act, and where the construction is subject to the construction project management, such as acting for the authority of the inspector under Article 55 (1) 1 of the Enforcement Decree of the Construction Technology Promotion Act, an inspection necessary for verifying the completion of construction may be replaced by confirmation of the construction project management report and completion inspection report prepared by a construction technology service business entity.  <Amended by Presidential Decree No. 25358, May 22, 2014>

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
 

CHAPTER V DESIGNATION AND OPERATION OF OLYMPIC WINTER GAMES SPECIAL ZONES
 

SECTION 1 Designation of Special Zones, Establishment of Special Zone Comprehensive Plans, etc.
 

Article 20 (Modification to Special Zone Comprehensive Plans)

(1) "Any modification to insignificant matters prescribed by Presidential Decree" in Article 40 (3) of the Act means any of the following cases:

1. Change of the name of an Olympic Winter Games Special Zone (hereinafter referred to as "special zone") due to the modification, etc. to an administrative district;

2. In any of the following cases where a special zone is developed after being divided into at least two development project districts and the size of the respective development project district divided as such (hereinafter referred to as "unit development project district") is modified:

(a) Where the total size of a unit development project district is not less than one million square meters: Modification of size by less than 100,000 square meters;

(b) Where the total size of a unit development project district is less than one million square meters: Modification of size by less than 10/100 of the total size of a unit development project district;

3. Modification of the land use plan, main infrastructure plan, etc. by up to the size under subparagraph 2;

4. Modification of by less than 10/100 of the population to be admitted into a unit development project district;

5. Modification of the main infrastructure plan due to topographical or geological conditions;

6. Change of the name and address (referring to the name, address and the name and address of the representative in the case of a corporation; hereinafter the same shall apply) of the implementer of a special zone development project (hereinafter referred to as "special zone project implementer") pursuant to Article 49 (1) of the Act;

7. Modification to reflect the details of consultation pursuant to Article 18 of the Environmental Impact Assessment Act, matters requiring improvement, etc. pursuant to Article 16 (4) of the Urban Traffic Improvement Promotion Act and the details of prior consultation on the examination of factors influencing disasters pursuant to Article 4 of the Countermeasures against Natural Disasters Act (where accompanied by the modifications referred to in subparagraphs 2 through 4, limited to such modifications);

8. Correction of the size of areas for implementation due to mistakes, etc. to the extent that there is no change to the area, in which a special zone development project is implemented;

9. Reduction of the period for implementing a special zone development project or extension thereof by up to one year;

10. Reduction or increase of project funds by up to 10/100 thereof based on the amount included in the funding method.

(2) The size referred to in paragraph (1) 2 and the size referred to in subparagraph 3 of the same paragraph shall be calculated by adding the size to be modified pursuant to paragraph (1) 2 or 3 to the size that has been modified pursuant to paragraph (1) 2 or 3 in the same unit development project district during the last one year.
 

Article 21 (Public Announcement, etc. of Designation of Special Zones)

(1) Where the Minister of Culture, Sports and Tourism designates a special zone pursuant to the first sentence of Article 40 (3) of the Act, he/she shall publicly post the following matters on the Official Gazette as prescribed in paragraph (4) of the same Article:

1. Name, location and size of the special zone;

2. Objectives of designating the special zone;

3. Location and size of an area in which a special zone development project is implemented, and the person scheduled to implement a special zone development project or the implementer of a special zone development project;

4. Period for implementing a special zone development project, funding methods and method of implementing a special zone development project;

5. Land use plans and main infrastructure plans;

6. Plans to accommodate population and plans to create residential facilities;

7. Plans to create an environment to attract foreign investment and plans for the settlement of foreigners;

8. Method of perusing relevant documents and books;

9. Other matters deemed necessary by the Olympic Winter Games Special Zone Committee (hereinafter referred to as the "Special Zone Committee") established under Article 42 of the Act.

(2) Where the Minister of Culture, Sports and Tourism modifies the contents of a special zone comprehensive plan as prescribed in the latter part of Article 40 (3) of the Act, he/she shall publicly notify the grounds therefor and matters referred to in the subparagraphs of paragraph (1) in the Official Gazette.

(3) Where the Minister of Culture, Sports and Tourism revokes the designation of a special zone as prescribed in Article 46 of the Act, he/she shall publicly announce the matters referred to in the subparagraphs of paragraph (1) (referring to the matters referred to in paragraph (1) 1 through 3 where wholly revoking the designation of the special zone) and the following matters in the Official Gazette:

1. Size of the special zone, the designation of which is revoked;

2. Grounds for revoking the designation of the special zone;

3. Date of designation of the special zone and the date on which such revocation of designation becomes effective.
 

Article 22 (Establishment of Special Zone Comprehensive Plans)

(1) "Matters prescribed by Presidential Decree" in Article 41 (1) 13 of the Act means the following:

1. Period for implementing a special zone development project;

2. Matters concerning infrastructure, such as water, energy, transportation, information and communications;

3. Plans for cultural facilities, parks and green areas;

4. Urban landscape plans;

5. Plans for existing buildings, structures, etc. to be retained;

6. Plans to lay underground structures, such as common utility ducts;

7. Matters concerning main facilities to attract and standards for the establishment thereof;

8. Assessment of the economic feasibility of an infrastructure plan, such as main social overhead capital necessary for the development of a special zone.

(2) Each special zone comprehensive plan shall be accompanied by the following documents and drawings:

1. A topographical map drawn on a scale of at least 1 to 25,000 indicating the location of the special zone; and a topographical map drawn on a scale of at least 1 to 5,000 indicating the special zone;

2. A cadastral map or woodland map indicating the boundary of the special zone.

(3) Where deemed necessary, the Minister of Culture, Sports and Tourism may request additional matters to be included in the relevant special zone comprehensive plan from the Governor.
 

Article 23 (Procedures, etc. for Public Announcement of Draft Special Zone Comprehensive Plans)

(1) Before filing an application for the designation of a special zone as prescribed in Article 41 (2) of the Act, the Governor shall publicly announce a draft special zone comprehensive plan that includes the details referred to in paragraph (1) of the same Article and the following information on the Official Bulletins of Gangwon-Do and the relevant Sis/Guns or the websites thereof, and in two or more daily newspapers having Gangwon-Do as their main circulation district. In such cases, the Governor shall make such documents available for inspection by the public for at least 14 days from the date of public announcement:

1. Name, location and size of an area to be designated as a special zone;

2. Main details of the special zone comprehensive plan pursuant to Article 41 of the Act;

3. Period for inspecting relevant documents and methods of inspection.

(2) Any person who has an opinion on the matters publicly announced as prescribed in paragraph (1) may submit a written opinion to the Governor within the period for inspecting documents referred to in paragraph (1) 3.

(3) If the Governor holds a public hearing as prescribed in Article 41 (2) of the Act, he/she shall publicly announce the following on two or more daily newspapers having the relevant Sis/Guns as their main circulation district and the Official Bulletins of Gangwon-Do and the relevant Sis/Guns or the websites thereof, at least once, by no later than 14 days prior to the scheduled date of the public hearing:

1. Objectives of holding a public hearing;

2. Scheduled date and place of a public hearing;

3. Outline of the draft special zone comprehensive plan;

4. Other matters necessary for holding a public hearing.
 

Article 24 (Composition of the Special Zone Committee)

(1) "Heads of central administrative agencies prescribed by Presidential Decree" in Article 42 (2) 2 of the Act means the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, and the Minister of Land, Infrastructure and Transport.  <Amended by Presidential Decree No. 24453, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>

(2) Commissioned members under Article 42 (2) 3 of the Act shall be commissioned based on the male-female ratio, from among experts in the fields related to the special zones, such as the sports industry, the green industry, culture, tourism, the environment, foreign investment and urban policies.

(3) The term of office for commissioned members under paragraph (2) shall be two years and they may serve only one consecutive term.
 

Article 25 (Operation of the Special Zone Committee)

(1) The chairperson of the Special Zone Committee shall represent the Special Zone Committee and manage the overall business of the Special Zone Committee.

(2) Where the chairperson of the Special Zone Committee deems it necessary or at least 1/3 of all incumbent members make a request, the chairperson of the Special Zone Committee shall call a meeting.

(3) If the chairperson of the Special Zone Committee is unable to perform his/her duties due to an avoidable circumstance, such duties shall be performed by the Minister of Culture, Sports and Tourism, the Minister of Strategy and Finance, and the Minister of Education, in that order, and if the chairperson and vice chairpersons of the Special Zone Committee are all unable to perform their duties due to an extenuating circumstance, a member in the order prescribed in Article 24 (1) shall perform the duties of the chairperson of the Special Zone Committee.  <Amended by Presidential Decree No. 25751, Nov. 19, 2014>

(4) Where the chairperson of the Special Zone Committee intends to call a meeting, he/she shall notify all members of the date, place and agenda of the meeting by no later than seven days before the meeting: Provided, That where such meeting is to be held urgently or any avoidable circumstance exists, he/she may notify all members of such matters by no later than one day before the meeting.

(5) Meetings of the Special Zone Committee shall be held with the attendance of a majority of all incumbent members, and resolutions shall be passed with the consent of a majority of those present.

(6) An executive secretary shall be appointed for the Special Zone Committee to manage the administrative affairs of the Special Zone Committee, who shall be designated by the Minister of Culture, Sports and Tourism from among persons under the control of the Olympic Winter Games Special Zone Planning Body established under Article 42 (3) of the Act (hereinafter referred to as "Special Zone Planning Body").

(7) Except as prescribed in paragraphs (1) through (6), matters necessary for the operation of the Special Zone Planning Body shall be determined by the chairperson of the Special Zone Committee upon resolution by the Special Zone Committee.
 

Article 26 (Hearing Opinions, etc. at Meetings of the Special Zone Committee)

(1) The heads of central administrative agencies, other than the heads of the central administrative agencies referred to in Article 24 (1), may attend meetings of the Special Zone Committee to make a statement.

(2) Where deemed necessary for deliberation, the Special Zone Committee may have the head of the competent local government having jurisdiction over the special zones, interested persons or relevant specialists attend meetings of the Special Zone Committee to state their opinions.

(3) Members and relevant specialists who attend meetings of the Special Zone Committee may be paid allowances within budgetary limits: Provided, That this shall not apply to a public official member who attends such meetings in direct connection with his/her duties.
 

Article 27 (Affairs, etc. of Special Zone Planning Body)

(1) Where deemed necessary for the Special Zone Planning Body to conduct its affairs, the Minister of Culture, Sports and Tourism may request relevant administrative agencies, institutions, organizations, etc. to dispatch public officials, executives and employees.

(2) The Special Zone Planning Body shall perform the following duties:

1. Drafting and planning policies and systems for special zones;

2. Operation of and consultation on legislation concerning special zones;

3. Assisting in the operation of the Special Zone Committee, such as preparation of agenda for meetings of the Special Zone Committee;

4. Research on data concerning special zones, PR activities and international cooperation thereon;

5. Consultations with institutions and local governments relating to operating and fostering special zones;

6. Preparation of systems for the management of special zones and the improvement of living conditions therein;

7. Other matters necessary for operating special zones and for assisting the Special Zone Committee.
 

Article 28 (Matters to be Considered for Deliberation on and Decision by Special Zone Committee)

"Matters prescribed by Presidential Decree" in subparagraph 9 of Article 43 of the Act means the following:

1. Feasibility and practicability of the special zone comprehensive plan;

2. Convenience in securing a site necessary for the development of the relevant special zone and infrastructure, such as wide-area transportation networks, information and communications, water and electric power;

3. Other matters publicly announced by the Minister of Culture, Sports and Tourism after deliberation by the Special Zone Committee.
 

Article 29 (Restrictions on Acts)

(1) "Act prescribed by Presidential Decree, such as changing the form and quality of land, constructing buildings, constructing temporary buildings and building structures" in Article 45 (1) of the Act means any of the following:

1. Change of the form and quality of land: Change of the shape of land by means of cutting, embanking, filling-up, leveling or paving land, excavation of land or reclamation of public waters;

2. Construction, etc. of buildings: Construction, renovation or change of use of buildings (including temporary buildings) defined in Article 2 (1) 2 of the Building Act;

3. Building of structures: Establishment of artificially-manufactured facilities (excluding buildings defined in Article 2 (1) 2 of the Building Act (including temporary buildings));

4. Collection of earth and rocks: Collection of earth, sand, aggregate, rocks, etc.: Provided, That subparagraph 1 shall govern if such collection is to change the form and quality of land;

5. Division of land;

6. Stacking articles: Stacking articles difficult to move for at least one month;

7. Cutting, planting or growing bamboo and trees.

(2) The Governor shall grant permission for the acts referred to in the subparagraphs of paragraph (1) to the extent that such acts do not hinder the relevant special zone development project. In such cases, the Governor shall hear from the special zone project implementer before granting permission.

(3) "Act prescribed by Presidential Decree, such as acts done for emergency measures necessary for recovery from a disaster or control of accidents" in Article 45 (1) of the Act means any of the following acts, which do not require permission for development acts pursuant to Article 56 of the National Land Planning and Utilization Act:

1. An act done for emergency measures necessary for recovery from disasters or control of accidents;

2. Change of the form and quality of land for cultivation;

3. Installation of simple structures directly used for the production of agricultural, forestry or fishery products;

4. Temporary planting of ornamental plants in an area other than cultivated land;

5. Installing or stacking a single article of less than five tons which can be easily divided into parts, each of which is one ton or less;

6. Using land to the extent that it does not hinder the relevant special zone development project and harm natural scenery.
 

SECTION 2 Implementation, etc. of Special Zone Development Projects
 

Article 30 (Implementers of Special Zone Development Projects)

(1) "Institution prescribed by Presidential Decree" in Article 48 (1) 3 of the Act means any of the following:

1. The Korea Tourism Organization incorporated under the Korea National Tourism Organization Act;

2. The Korea Rural Community Corporation incorporated under the Korea Rural Community Corporation and Farmland Management Fund Act;

3. The Korea Expressway Corporation incorporated under the Korea Expressway Corporation Act;

4. The Korea Water Resources Corporation incorporated under the Korea Water Resources Corporation Act;

5. The Korea Land and Housing Corporation incorporated under the Korea Land and Housing Corporation Act;

6. The Korea Railroad Corporation incorporated under the Korea Railroad Corporation Act;

7. The Korea Sports Promotion Foundation incorporated under the National Sports Promotion Act.

(2) "Person who meets the requirements prescribed by Presidential Decree" in Article 48 (1) 4 of the Act means any of the following:

1. A person who intends to directly develop a site, etc. for industrial, culture and tourism or research facilities;

2. A person who intends to develop a site, etc. for industrial, culture and tourism or research facilities, and directly use part of the site, etc. as facilities appropriate for a special zone development project and supply the remainder to persons who hope to move therein.

(3) "Corporation which meets the requirements prescribed by Presidential Decree" in Article 48 (1) 5 of the Act means a corporation, at least 30/100 of the total investments in which is made by persons referred to in Article 48 (1) 1 through 3 of the Act.

(4) "Association which meets the requirements prescribed by Presidential Decree" in Article 48 (1) 6 of the Act means any of the following:  <Amended by Presidential Decree No. 27444, Aug. 11, 2016>

1. A housing association prescribed in Article 11 of the Housing Act;

2. An association prescribed in Article 11 (1) 6 of the Urban Development Act;

3. A partnership for urban environment rearrangement projects prescribed in Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(5) "Constructor who meets the requirements prescribed by Presidential Decree" in Article 48 (1) 7 of the Act means a person who has registered the business of carrying out general construction pursuant to the Framework Act on the Construction Industry (applicable only to civil engineering business, and civil engineering and construction business) and whose construction capacity made public as prescribed in Article 23 of the same Act is assessed to be an amount at least the annual average project funds (excluding the amount of compensation) of a special zone development project.

(6) "Registered business entity which meets the requirements prescribed by Presidential Decree" in Article 48 (1) 8 of the Act means a person whose average business performance (referring to expenses incurred in the creation of a site; excluding the amount of compensation) for the preceding three years, submitted as prescribed in Article 10 of the Housing Act is at least the annual average project funds needed for the relevant special zone development project (excluding the amount of compensation).  <Amended by Presidential Decree No. 27444, Aug. 11, 2016>

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