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ACT ON REDEVELOPMENT OF HARBORS AND DEVELOPMENT OF

THEIR ENVIRONS
[Enforcement Date 01. Apr, 2021.] [Act No.17171, 31. Mar, 2020., Amendment by
Other Act]

해양수산부 (항만연안재생과)044-200-5986

법제처 국가법령정보센터
www.law.go.kr
2024.04.14
 「ACT ON REDEVELOPMENT OF HARBORS AND DEVELOPMENT OF THEIR ENVIRONS」

ACT ON REDEVELOPMENT OF HARBORS AND DEVELOPMENT OF THEIR

ENVIRONS
[Enforcement Date 01. Apr, 2021.] [Act No.17171, 31. Mar, 2020., Amendment by Other Act]
해양수산부 (항만연안재생과) 044-200-5986

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose) The purpose of this Act is to enhance growth potential of harbors and
urban competitiveness of their environs by prescribing matters necessary for systematically
and efficiently developing obsolete or idle harbors and their environs, and thereby to
contribute to the development of the national economy.

Article 2 (Definitions) The terms used in this Act are defined as follows:
1. The term "harbor" means a harbor defined in subparagraph 1 of Article 2 of the Harbor
Act;
2. The term "harbor zone" means a harbor zone defined in subparagraph 4 of Article 2 of
the Harbor Act;
3. The term "environs" means the area surrounding a harbor zone, which needs to be
included in a harbor redevelopment project for harmonious development with a harbor
zone;
4. The term "harbor redevelopment project" means a project implemented to improve or
maintain harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act and
facilities relating to housing, education, recreation, tourism, culture, commerce, sports,
etc. in an obsolete or idle harbor zone and its environs;
5. The term "project zone" means an area designated and publicly notified pursuant to
Article 12 to systematically implement a harbor redevelopment project according to
plans;
6. The term "complex facility site" means a site for installing all or some of the harbor
facilities defined in subparagraph 5 (b) through (e) of Article 2 of the Harbor Act
(excluding any facility defined in subparagraph 5 (b) (vi) of Article 2 of that Act) or of the
facilities relating to housing, education, recreation, tourism, culture, commerce, sports,
etc.;

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7. The term "infrastructure" means infrastructure defined in subparagraph 6 of Article 2 of

the National Land Planning and Utilization Act;
8. The term "public facility" means a public facility defined in subparagraph 13 of Article 2
of the National Land Planning and Utilization Act.

Article 3 (Responsibilities of the State and Local Governments) (1) The State and local
governments shall formulate and implement policies to create high added value of
obsolete or idle harbors and to promote sustainable development of their environs.
(2) The State and local governments shall formulate measures to provide administrative
and financial support necessary for facilitating harbor redevelopment projects.

Article 4 (Relationship to Other Statutes) Special exceptions to regulation applicable to

harbor redevelopment projects specified in this Act shall prevail over provisions of other
statutes: Provided, That where more relaxed provisions exist in other statutes than the
regulation specified in this Act, such statutes shall govern.

CHAPTER II HARBOR REDEVELOPMENT MASTER PLANS

Article 5 (Formulation of Harbor Redevelopment Master Plans) (1) The Minister of Oceans
and Fisheries shall formulate a harbor redevelopment master plan (hereinafter referred to
as "master plan") every 10 years to promote the systematic development and sustainable
growth of obsolete or idle harbors and their environs.
(2) A master plan shall include the following matters:
1. Conditions of, and prospects for, redevelopment of harbors;
2. Basic objectives of, and direction-setting for, harbor redevelopment policies;
3. Standards for selecting a prearranged zone for a harbor redevelopment project and
other matters concerning selection;
4. Reorganization or adjustment of functions of harbors, as well as linkage with their
environs in terms of functions and spaces;
5. A land use plan, transport plan, environment plan, etc. for harbors and their environs;
6. Financing for redevelopment of harbors, as well as administrative and financial support
therefor;
7. Any other matters necessary for redevelopment of harbors and the growth of their
environs.

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(3) A master plan shall be formulated in consistent with relevant plans, such as a harbor
master plan formulated pursuant to Article 5 of the Harbor Act; a comprehensive plan to
develop a harbor hinterland complex formulated pursuant to Article 44 of that Act, and a
master plan for marinas formulated pursuant to Article 4 (1) of the Act on the
Development and Management of Marinas.
(4) Where the Minister of Oceans and Fisheries formulates a master plan, he or she shall
submit it to the Central Harbor Policy Council established pursuant to Article 4 of the
Harbor Act (hereinafter referred to as the "Central Council") for deliberation after hearing
opinions of the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors,
and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do
Governor") and consulting with the heads of relevant central administrative agencies.

Article 6 (Public Notice of Master Plans) (1) Upon formulating a master plan, the Minister of
Oceans and Fisheries shall publicly notify the plan and notify the heads of relevant central
administrative agencies and the Mayor/Do Governor thereof, as prescribed by Presidential
Decree, and shall submit it to the competent Standing Committee of the National
Assembly.
(2) Upon receipt of notice under paragraph (1), a Mayor/Do Governor shall notify the head
of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu;
hereafter the same shall apply) of a master plan without delay; and the head of the
competent Si/Gun/Gu in receipt of such notice shall make it available for public inspection
for at least 14 days: Provided, That the Special Self-Governing Province Governor shall
make a master plan for his or her jurisdictions available for public inspection for at least 14
days.

Article 7 (Amendment to Master Plans) (1) The Minister of Oceans and Fisheries shall
examine the appropriateness of a master plan every five years, counting from the date the
master plan is formulated, and may amend the master plan, if necessary.
(2) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may amend a
master plan if he or she deems it necessary to amend the plan or if requested by the head
of a relevant central administrative agency, a Mayor/Do Governor, or the head of a
Si/Gun/Gu.
(3) Articles 5 (3) and (4) and 6 shall apply mutatis mutandis to amendment to a master
plan under paragraph (1) or (2): Provided, that this shall not apply to any modification to

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minor matters prescribed by Presidential Decree.

Article 8 (Basic Surveys) (1) Where the Minister of Oceans and Fisheries intends to formulate
or amend a master plan pursuant to Article 5 or 7, he or she shall conduct a basic survey
on the humanities, society, natural environment, etc. of relevant harbors and their environs
in advance.
(2) The details of a basic survey conducted under paragraph (1) and method of conducting
the survey and other matters shall be prescribed by Presidential Decree.
(3) Where necessary for efficient surveys, the Minister of Oceans and Fisheries may entrust
a specialized institution to conduct a basic survey under paragraph (1).

CHAPTER III HARBOR REDEVELOPMENT PROJECTS

SECTION 1 Harbor Redevelopment Project Plans and Project Zones

Article 9 (Formulation of Harbor Redevelopment Project Plans) (1) The Minister of Oceans
and Fisheries may formulate a harbor redevelopment project plan (hereinafter referred to
as "project plan") to the extent consistent with the relevant master plan.
(2) To implement a creative and efficient harbor redevelopment project, the Minister of
Oceans and Fisheries may conduct an open competition for a draft project plan and reflect
a selected one in a project plan, as prescribed by Presidential Decree.
(3) A project plan shall include the following matters:
1. The name of the relevant harbor redevelopment project;
2. The area and size of the relevant harbor redevelopment project;
3. Where it is intended to designate a single project zone by combining at least two
harbor zones and their environs pursuant to Article 12 (3), matters concerning such
combination;
4. The implementation period of the relevant harbor redevelopment project;
5. A plan to reorganize or adjust functions of the relevant harbor;
6. The method of implementing the relevant harbor redevelopment project;
7. A plan to establish infrastructure;
8. A plan to install public facilities;
9. A plan for urban landscape, disaster prevention, etc.;

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10. A land use plan, transport plan, and environment plan;

11. Matters concerning a complex facility site (limited to where any complex facility site
exists);
12. Land to be supplied as raw land pursuant to Article 28 and direction-setting for
developing such land (limited to where any land is to be supplied as raw land);
13. Matters concerning attracting enterprises and promoting investment;
14. Matters concerning employment and improvement of the settlement environment;
15. A financing plan;
16. Any other matters prescribed by Presidential Decree, which are necessary for
implementing the relevant harbor redevelopment project.
(4) Where the Minister of Oceans and Fisheries intends to formulate a project plan, he or
she shall submit it to the Central Council for deliberation after pre-consulting with the
heads of relevant central administrative agencies and the competent Mayor/Do Governor
or the head of the competent Si/Gun/Gu.
(5) Where the Minister of Oceans and Fisheries intends to formulate a project plan, he or
she shall hear opinions of residents, relevant experts, etc. by holding a hearing, etc., as
prescribed by Presidential Decree.
(6) Paragraphs (4) and (5) shall apply mutatis mutandis where the Minister of Oceans and
Fisheries intends to amend a project plan: Provided, That this shall not apply to any
modification to minor matters prescribed by Presidential Decree.
(7) Upon formulating or amending a project plan, the Minister of Oceans and Fisheries
shall publicly notify such fact and forward copies of relevant documents to the competent
Mayor/Do Governor and the head of the competent Si/Gun/Gu, as prescribed by
Presidential Decree. In such cases, the Special Self-Governing Province Governor or the
head of the competent Si/Gun/Gu in receipt of copies of the documents shall make them
available for public inspection for at least 14 days.
(8) Where the Minister of Oceans and Fisheries has publicly notified the formulation or
amendment of a project plan pursuant to paragraph (7), he or she shall be deemed to
have publicly notified the formulation or amendment of a master plan for reclamation of
public waters under Article 22 or 27 of the Public Waters Management and Reclamation
Act, pursuant to Article 26 of that Act; and deemed to have publicly notified the
designation of an industrial complex or modification thereof under Article 6, 7, 7-2, or 8 of
the Industrial Sites and Development Act, pursuant to Article 7-4 of that Act, within the

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scope of such project plan.

Article 10 (Special Cases concerning Complex Facility Sites) Where the Minister of Oceans
and Fisheries has formulated a project plan, including matters concerning a complex facility
site, the floor area ratio therefor may be applicable within the maximum limit on the floor
area ratio specified in the subparagraphs of Article 78 (1) of the National Land Planning
and Utilization Act, notwithstanding municipal ordinances stipulated pursuant to delegation
under Article 78 of that Act:

Article 11 (Proposals for Project Plans) (1) A local government or a person specified in any of
subparagraphs 2 through 6 of Article 15 (1) may propose to the Minister of Oceans and
Fisheries the formulation or amendment of a project plan.
(2) Upon receipt of a proposal for the formulation or amendment of a project plan under
paragraph (1), the Minister of Oceans and Fisheries shall notify the proposer of the results
of processing the proposal.
(3) Processing of proposals and written proposals under paragraphs (1) and (2) and other
necessary matters shall be prescribed by Presidential Decree.

Article 12 (Designation of Project Zones) (1) The Minister of Oceans and Fisheries shall
designate a project zone according to a project plan formulated.
(2) A project zone shall cover the whole or any part of a harbor zone and its environs that
meet each of the following requirements:
1. The relevant area shall be within 1.5 kilometers of a straight line from the boundary of
the harbor zone (including any area not geographically adjacent to the harbor zone);
2. The relevant area shall not exceed 50/100 of the area of the harbor zone included in the
project zone: Provided, That where the total area of the project zone does not exceed
200,000 square kilometers, an area not exceeding 100/100 of the area of the harbor zone
included in the project zone may be included.
(3) If deemed necessary to efficiently implement a harbor redevelopment project and
enhance its business feasibility, etc., the Minister of Oceans and Fisheries may designate a
single project zone by combining at least two harbor zones and their environs that are not
geographically adjacent to each other. In such cases, both the relevant harbor zones and
their environs shall meet the requirements specified in paragraph (2).

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(4) Where the Minister of Oceans and Fisheries designates a single project zone by
combining at least two harbor zones and their environs pursuant to paragraph (3), the
procedures and requirements for such designation and other necessary matters shall be
prescribed by Presidential Decree.
(5) The area of a project zone the Minister of Oceans and Fisheries may designate pursuant
to paragraph (1) or (3) shall exceed 10,000 square meters: Provided, That this shall not
apply where the area of each prearranged zone specified in the relevant master plan is less
than 10,000 square kilometers.
(6) Where the Minister of Oceans and Fisheries intends to designate a project zone
pursuant to paragraph (1) or (3), he or she shall submit the case to the Central Council for
deliberation after hearing opinions of the competent Mayor/Do Governor and the head of
the competent Si/Gun/Gu and pre-consulting with the heads of relevant central
administrative agencies.
(7) Paragraph (6) shall apply mutatis mutandis where the Minister of Oceans and Fisheries
intends to modify a designated project zone: Provided That this shall not apply to any
modification to minor matters prescribed by Presidential Decree.
(8) Upon designating a project zone or modifying a designated project zone, the Minister
of Oceans and Fisheries shall publicly notify the following matters and forward copies of
relevant documents to the competent Mayor/Do Governor and the head of the competent
Si/Gun/Gu. In such cases, the Special Self-Governing Province Governor or the head of the
competent Si/Gun/Gu in receipt of copies of the documents shall make them available for
public inspection for at least 14 days:
1. The name and purposes of the relevant harbor redevelopment project;
2. The location and area of the project zone;
3. The name or title of the developer if the developer has been designated pursuant to
Article 15 (1) (including the location and name of the representative);
4. A detailed least of land, goods, or rights to be expropriated or used pursuant to Article
24 and the names and addresses of the owners or holders thereof;
5. Topographic drawings referred to in Article 8 (2) of the Framework Act on the
Regulation of Land Use.

Article 13 (Revocation of Designation of Project Zones) (1) Where a project zone designated
pursuant to Article 12 (1) falls under any of the following cases, the Minister of Oceans and

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Fisheries may revoke its designation, subject to deliberation by the Central Council:
1. Where the developer of a harbor redevelopment project is not designated pursuant to
Article 15 (1) within two years from the date a project zone is designated pursuant to
Article 12 (1);
2. Where the developer of a harbor redevelopment project designated pursuant to Article
15 (1) fails to apply for approval of an implementation plan for the harbor
redevelopment project pursuant to Article 17 (1) within two years from the date it is
designated as the developer of such project;
3. Where the developer of a harbor redevelopment project designated pursuant to Article
15 (1) fails to commence the harbor redevelopment project within one year from the
date it obtains approval of an implementation plan for the harbor redevelopment project
pursuant to Article 17 (1).
(2) Upon revoking the designation of a project zone under paragraph (1), the Minister of
Oceans and Fisheries shall publicly notify such fact, as prescribed by Presidential Decree.

Article 14 (Restrictions on Activities) (1) A person who intends to construct a building, install
a structure, alter the form and quality of land, collect soil and rocks, partition land, pile
goods, or engage in any other activities prescribed by Presidential Decree in an area
designated and publicly notified as a project zone shall obtain permission from the
Minister of Oceans and Fisheries (applicable only to activities on public waters managed by
the Minister of Oceans and Fisheries pursuant to the Public Waters Management and
Reclamation Act; hereafter the same shall apply in this Article), the competent Special Self-
Governing Province Governor, or the head of the competent Si/Gun/Gu. The same shall
also apply to any modification to permitted matters.
(2) Notwithstanding paragraph (1), any of the following activities need not obtain
permission:
1. Activities to take emergency measures necessary for recovering from a disaster or
controlling a calamity;
2. Activities prescribed by Presidential Decree, such as changing the form and quality of
land for cultivation.
(3) A person who has commenced construction works or a project regarding an activity,
which is subject to permission under paragraph (1) and for which permission has already
been obtained when a project zone was designated and publicly notified pursuant to

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relevant statutes and regulations, or regarding an activity that need not obtain permission
may continue to implement such construction works or project after filing a report thereon
with the Minister of Oceans and Fisheries, the competent Special Self-Governing Province
Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.
(4) The Minister of Oceans and Fisheries, the Special Self-Governing Province Governor, or
the head of a Si/Gun/Gu may issue a reinstatement order to a person who has violated
paragraph (1). In such cases, he or she may perform vicarious execution pursuant to the
Administrative Vicarious Execution Act, if the person in receipt of the order fails to perform
such obligations.
(5) Except as provided in this Act, Articles 57 through 60 and 62 of the National Land
Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph
(1).
(6) Permission granted pursuant to paragraph (1) shall be deemed permission granted
pursuant to Article 56 of the National Land Planning and Utilization Act.

SECTION 2 Developers of Harbor Redevelopment Projects and Implementation Plans

for Harbor Redevelopment Projects

Article 15 (Designation of Developers of Harbor Redevelopment Projects) (1) The Minister of

Oceans and Fisheries shall designate the developer of a harbor redevelopment project
from among the following persons:
1. A State agency or a local government;
2. A Port Authority established under the Port Authority Act (hereinafter referred to as
"Port Authority");
3. A public institution prescribed by Presidential Decree among public institutions
designated under Article 4 of the Act on the Management of Public Institutions
(hereinafter referred to as "public institutions");
4. A local public enterprise incorporated under the Local Public Enterprises Act (hereinafter
referred to as "local public enterprise");
5. A private investor meeting the qualifications prescribed by Presidential Decree, including
capital;
6. A corporation meeting the standards prescribed by Presidential Decree, which has been
incorporated by at least two persons falling under any of subparagraphs 1 through 5 by

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making investments to implement the harbor redevelopment project.

(2) Where the developer of a harbor redevelopment project (hereinafter referred to as
"project developer") designated pursuant to paragraph (1) falls under any of the following
cases, the Minister of Oceans and Fisheries may revoke the designation of the project
developer; issue an order to suspend or alter construction works or an order to renovate,
alter, relocate, remove, or reinstate facilities or things; or may make any other necessary
disposition, etc.: Provided, That the Minister shall revoke the designation of the project
developer if it falls under subparagraph 1:
1. Where it is designated as a project developer by fraud or other improper means;
2. Where it fails to apply for approval of an implementation plan for a harbor
redevelopment project pursuant to Article 17 (1) within two years from the date it is
designated as a project developer;
3. Where it fails to commence a harbor redevelopment project within one year after it
obtains approval of an implementation plan for the harbor redevelopment project
pursuant to Article 17 (1);
4. Where it implements a harbor redevelopment project without obtaining approval of an
implementation plan for the harbor redevelopment project pursuant to Article 17, or it
implements a project inconsistent with an implementation plan for the harbor
redevelopment project approved under Article 17;
5. Where approval of an implementation plan for a harbor redevelopment project is
revoked pursuant to Article 18;
6. Where the purposes of a harbor redevelopment project are deemed unattainable due to
a natural disaster, the project developer’s bankruptcy, or on any other grounds
prescribed by Presidential Decree (limited to where the Central Council has deliberated
on the relevant order or disposition);
7. Where it supplies raw land without obtaining approval of a supply plan for raw land
under Article 28.
(3) Detailed criteria for revoking designation, issuing an order to suspend or alter
construction works or an order to renovate, alter, relocate, remove, or reinstate facilities or
things, or for making any other necessary disposition, etc. under paragraph (2) shall be
prescribed by Ordinance of the Ministry of Oceans and Fisheries, considering the type,
motive, severity, etc. of each violation.

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(4) Upon designating a project developer, revoking its designation, or making any other
disposition, etc. under paragraph (1) or (2), the Minister of Oceans and Fisheries shall
publicly notify such fact, as prescribed by Presidential Decree.
(5) If deemed necessary to efficiently implement a harbor redevelopment project, a project
developer may assign a prospective occupant or the operator of a facility to be established
in the relevant project zone to partially implement the harbor redevelopment project on its
behalf, as prescribed by Presidential Decree.

Article 16 (Substitute Designation of Project Developers) (1) Where the Minister of Oceans
and Fisheries has revoked designation of a project developer pursuant to Article 15 (2), he
or she may designate a substitute project developer pursuant to Article 15.
(2) A substitute project developer designated pursuant to paragraph (1) shall succeed to
the status of the former project developer regarding the designation of a project zone and
approval of an implementation plan for a harbor redevelopment project under Article 17
(1).
(3) A substitute project developer designated pursuant to paragraph (1) shall commence
negotiating the purchase of the land the former implementer has purchased for the
relevant harbor redevelopment project, without delay.
(4) Where no agreement is reached through negotiation under paragraph (3) or agreement
is impracticable, the Minister of Oceans and Fisheries may issue, to the former project
developer, an order to sell the land purchased for the relevant harbor redevelopment
project to the substitute project developer designated under paragraph (1). In such cases,
the Minister shall notify the substitute project developer of such fact.
(5) Upon receipt of notice of an order to sell land under the latter part of paragraph (4),
the substitute project developer designated pursuant to paragraph (1) shall negotiate the
purchase of the land with the former project developer without delay.
(6) The standard amount of negotiated purchase under paragraph (5) shall be calculated
by aggregating the development cost and an amount calculated by multiplying the
development cost by the statutory interest rate referred to in Article 379 of the Civil Act:
Provided, That where the amount calculated under the main clause exceeds the market
price, the market price shall prevail.
(7) Where no agreement is reached on negotiated purchase under paragraph (5) or
agreement is impracticable, the substitute project developer designated pursuant to

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paragraph (1) may file an application for adjudication with the competent Land Tribunal
referred to in Article 51 of the Act on Acquisition of and Compensation for Land for Public
Works Projects (hereinafter referred to as "competent Land Tribunal").
(8) Where the former project developer makes any profit (referring to an amount
calculated by subtracting the development cost from the sale price) by selling the relevant
land to another person before an order to sell the land is issued under the former part of
paragraph (4) or despite such order, the Minister of Oceans and Fisheries shall recover the
profit.
(9) The amount to be recovered under paragraph (8) shall be imposed and collected in the
same manner as delinquent national taxes are imposed and collected.

Article 17 (Approval of Implementation Plans for Harbor Redevelopment Projects) (1) Where
a project developer intends to implement a harbor redevelopment project, it shall
formulate an implementation plan for the harbor redevelopment project (hereinafter
referred to as "implementation plan") and obtain approval thereof from the Minister of
Oceans and Fisheries, as prescribed by Presidential Decree.
(2) An implementation plan shall include the following matters:
1. The name of the relevant harbor redevelopment project;
2. The location and area of the project zone;
3. The name or title of the project developer (including the location and name of the
representative);
4. The implementation period of the relevant harbor redevelopment project;
5. A plan to establish infrastructure (including a cost-bearing plan);
6. A land use plan, transport plan, and environment plan;
7. A financing plan and an annual investment plan;
8. A plan to dispose of land to be developed;
9. Any other matters prescribed by Presidential Decree.
(3) Where the Minister of Oceans and Fisheries intends to approve an implementation plan,
he or she shall hear opinions of the competent Mayor/Do Governor and the head of the
competent Si/Gun/Gu, as prescribed by Presidential Decree.
(4) Upon approval of an implementation plan, the Minister of Oceans and Fisheries shall
publicly notify such fact and forward copies of relevant documents to the competent
Mayor/Do Governor and the head of the competent Si/Gun/Gu, as prescribed by

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Presidential Decree. In such cases, the Special Self-Governing Province Governor or the
head of the competent Si/Gun/Gu in receipt of copies of the documents shall make them
available for public inspection for at least 14 days.
(5) Upon receipt of copies of relevant documents under paragraph (4), the competent
Mayor/Do Governor or the head of the competent Si/Gun/Gu shall apply for approval of
topographic drawings under Article 32 (2) of the National Land Planning and Utilization Act
or take other necessary measures, if the documents include matters concerning
determination as to an urban or Gun management plan defined in subparagraph 4 of
Article 2 of that Act.
(6) Paragraphs (1) and (3) through (5) shall apply mutatis mutandis where a project
developer intends to amend an implementation plan approved pursuant to paragraph (1):
Provided, That this shall not apply to any modification to minor matters prescribed by
Presidential Decree.

Article 18 (Revocation of Approval of Implementation Plans) (1) In any of the following cases,
the Minister of Oceans and Fisheries may revoke approval of an implementation plan; issue
an order to suspend or alter construction works or an order to renovate, alter, relocate,
remove, or reinstate facilities or things; or may make any other necessary disposition, etc.:
Provided, That the Minister shall revoke approval of the implementation plan if it falls
under subparagraph 1:
1. Where the project developer obtains approval pursuant to Article 17 by fraud or other
improper means;
2. Where the project developer implements a project inconsistent with an implementation
plan approved pursuant to Article 17;
3. Where the purposes of a harbor redevelopment project are deemed unattainable due to
a natural disaster or on any other grounds prescribed by Presidential Decree (limited to
where the Central Council has deliberated on the relevant order or disposition);
4. Where it supplies raw land without obtaining approval of a supply plan for raw land
under Article 28.
(2) Detailed criteria for revoking approval, issuing an order to suspend or alter construction
works or an order to renovate, alter, relocate, remove, or reinstate facilities or things, or for
making any other necessary disposition, etc. under paragraph (1) shall be prescribed by
Ordinance of the Ministry of Oceans and Fisheries, considering the type, motive, severity,

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etc. of each violation.

(3) Upon revoking approval of an implementation plan or making any other disposition,
etc. under paragraph (1), the Minister of Oceans and Fisheries shall publicly notify such
fact, as prescribed by Presidential Decree.

Article 19 (Authorization and Permission Deemed Granted) (1) Where the Minister of Oceans
and Fisheries has publicly notified approval of an implementation plan or approval of
amendment thereto pursuant to Article 17, the following authorization, permission,
determination, licenses, consultation, consent, approval, reports, cancellation, etc.
(hereinafter referred to as "authorization, permission, etc.") shall be deemed obtained,
made, or held concerning matters on which he or she has consulted with the heads of
relevant administrative agencies pursuant to paragraph (2); and authorization, permission,
etc. under any of the following statutes shall be deemed publicly notified or announced:
<Amended on Mar. 31, 2020>
1. Building permission under Article 11 of the Building Act; reporting on building
construction under Article 14 of that Act; modification to matters permitted or reported
under Article 16 of that Act; permission for and reporting on temporary buildings under
Article 20 of that Act; or consultation on building construction under Article 29 of that
Act;
2. Approval for an implementation plan for developing free economic zones formulated
under Article 9 of the Special Act on Designation and Management of Free Economic
Zones;
3. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
4. Permission to occupy or use public waters under Article 8 of the Public Waters
Management and Reclamation Act; approval of, or reporting on, an implementation plan
to occupy or use public waters under Article 17 of that Act; a reclamation license of
public waters referred to in Article 28 of that Act; consultation on, or approval for,
reclamation conducted by the State, etc. under Article 35 of that Act; or approval of an
implementation plan for reclamation of public waters under Article 38 of that Act;
5. Approval of a business plan under Article 15 of the Tourism Promotion Act;
6. Determination of an urban or Gun management plan under Article 30 of the National
Land Planning and Utilization Act; permission to change the form and quality of land or
to partition land under Article 56 of that Act; designation of an implementer of an urban

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or Gun planning facility project under Article 86 of that Act; or authorization for an
implementation plan for an urban or Gun planning facility project under Article 88 of that
Act;
7. Permission to use agricultural infrastructure under Article 23 of the Rearrangement of
Agricultural and Fishing Villages Act; or approval of a business plan for a rural tourism
and resort complex under Article 82 (2) of that Act;
8. Permission to divert farmland or consultation on farmland diversion under Article 34 of
the Farmland Act;
9. Consultation with, or approval from, the competent road management authority under
Article 107 of the Road Act (applicable only to designation and public notice of a road
route prescribed under Article 19 of that Act; determination of a road zone under Article
25 of that Act; permission to perform road works for a person other than a road
management authority under Article 36 of that Act; and permission to occupy and use
roads under Article 61 of that Act);
10. Designation of an urban development zone under Article 3 of the Urban Development
Act; formulation of an urban development project plan under Article 4 of that Act;
designation of the implementer of an urban development project under Article 11 of that
Act; or authorization for an implementation plan under Article 17 of that Act;
11. Permission to fell trees or bamboos or to collect soil, stone, tree roots, grass roots, etc.
under Article 14 of the Erosion Control Work Act; or cancellation of the designation of
land for erosion control under Article 20 of that Act;
12. Permission to perform, or reporting on, activities in a forest conservation zone
(excluding forest genetic resources protection zones) referred to in Article 9 (1) or (2) 1
or 2 of that Article of the Forest Protection Act;
13. Permission to fell standing timber, etc. or reporting on timber felling, etc. under Article
36 (1) or (4) of the Creation and Management of Forest Resources Act;
14. Approval of an implementation plan for developing a national industrial complex under
Article 17 of the Industrial Sites and Development Act; approval of an implementation
plan for developing a general industrial complex under Article 18 of that Act; approval of
an implementation plan for developing an urban high-tech industrial complex under
Article 18-2 of that Act; or approval of an implementation plan for developing an
agricultural and industrial complex under Article 19 of that Act;

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15. Approval for the establishment, etc. of a factory under Article 13 of the Industrial
Cluster Development and Factory Establishment Act; permission to construct a factory
under Article 14 of that Act; approval for the use of a factory building under Article 14-2
of that Act; approval for the installation of manufacturing facilities under Article 14-3 of
that Act; or approval for the establishment of a knowledge industry center under Article
28-2 of that Act;
16. Permission to convert a mountainous district under Article 14 of the Mountainous
Districts Management Act; reporting on conversion of a mountainous district under
Article 15 of that Act; and permission to temporarily use a mountainous district or
reporting on the temporary use thereof under Article 15-2 of that Act;
17. Reporting on the installation of a fire-fighting system under Article 13 (1) of the
Firefighting System Installation Business Act;
18. Permission to maintain a small river, etc. under Article 10 of the Small River
Maintenance Act;
19. Authorization for a general waterworks business under Article 17 (1) of the Water
Supply and Waterworks Installation Act; authorization for an industrial waterworks
business under Article 49 of that Act; authorization for the installation of private-use
waterworks under Article 52 of that Act; or authorization for the installation of private-
use industrial waterworks under Article 52 of that Act, which is applicable mutatis
mutandis pursuant to Article 54 of that Act;
20. Approval for the implementation of construction works on protected waters under
Article 47 of the Fishery Resources Management Act;
21. Permission to build a factory, etc. under Article 6 (1) of the Act on the Safety Control of
Hazardous Substances;
22. Consultation with a park management agency under Article 71 of the Natural Parks Act;
23. Authorization for, or reporting on, a plan for works for establishing electric installations
for private use under Article 8 of the Electrical Safety Management Act;
24. Approval of a business plan under Article 12 of the Installation and Utilization of Sports
Facilities Act;
25. Approval of an implementation plan for a housing site development project under
Article 9 of the Housing Site Development Promotion Act;

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26. Permission to perform public sewerage system works under Article 16 of the Sewerage
Act or permission to occupy and use a public sewerage system under Article 24 of that
Act;
27. Permission to perform river works or authorization for a river works execution plan
under Article 30 of the River Act, or permission to occupy and use a river under Article
33 of that Act;
28. Consent to building permission, etc. under Article 7 (1) of the Act on Fire Prevention
and Installation, Maintenance, and Safety Control of Firefighting Systems.
(2) Where the Minister of Oceans and Fisheries intends to approve an implementation plan
or approve amendment thereto pursuant to Article 17, he or she shall pre-consult with the
heads of relevant administrative agencies, if the implementation plan includes matters
specified in the subparagraphs of paragraph (1). In such cases, the head of a relevant
central administrative agency shall submit his or her opinion within 20 days after receipt of
a request for consultation; and where the head of the relevant administrative agency fails
to submit his or her opinion within such period, consultation shall be deemed held:
(3) Notwithstanding paragraph (2), the Minister of Oceans and Fisheries may approve an
implementation plan or approve amendment thereto before completing consultation with
the head of a relevant administrative agency, if necessary. In such cases, no authorization,
permission, etc. under paragraph (1) shall be deemed granted until such consultation is
complete.
(4) Where a project developer intends to obtain constructive authorization, permission, etc.
under paragraph (1), he or she shall also submit relevant documents prescribed by relevant
statutes, when applying for approval of an implementation plan or amendment thereto.

Article 20 (Joint Conference on Legal Fiction of Authorization and Permission) (1) To consult
with the heads of relevant administrative agencies pursuant to Article 19 (2), the Minister
of Oceans and Fisheries may hold a joint conference on legal fiction of authorization,
permission, etc., as prescribed by Presidential Decree.
(2) The heads of relevant administrative agencies referred to in Article 19 (2) shall have
subordinate public officials attend the joint conference held pursuant to paragraph (1).

Article 21 (Entry to Other Person’s Land) (1) If necessary to conduct an inspection or survey
to formulate an implementation plan, etc. or to implement a harbor redevelopment

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project, a project developer may enter any land owned or occupied by another person or
temporarily use such land as a stockyard for piling materials or a temporary passage or
road, and may relocate or remove a tree, soil, rock, or any other obstacles in the land, if
particularly necessary.
(2) A person who intends to enter another person's land and a person who intends to
temporarily use, alter, or remove obstacles in another person's land pursuant to paragraph
(1) shall notify, in writing, the owner or occupant of such land of his or her personal
information and the timing for and purpose of such entry at least seven days earlier, and
obtain consent thereto from the owner or occupant.
(3) If the owner or occupant of land does not give consent or if it is impracticable to
obtain his or her consent due to an inaccurate address or on any other ground, a project
developer shall obtain permission to enter such land from the competent Special Self-
Governing Province Governor or the head of the competent Si/Gun/Gu.
(4) No one may enter another person's residential premises or land enclosed with walls
without consent from the owner or occupant of the premises or land before sunrise or
after sunset.
(5) A person who intends to enter another person's land pursuant to paragraph (1) shall
carry an identification certificate indicating his or her authority and present it to relevant
persons, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall
issue to relevant persons a document stating his or her name, the timing for and purpose
of entry when entering such land.
(6) A project developer who has obtained approval of an implementation plan may enter
or temporarily use public waters prearranged for the relevant harbor redevelopment
project. In such cases, no person who holds a right to public waters under the Fisheries
Act, the Aquaculture Industry Development Act, or any other statutes shall interfere with or
hinder the project developer's entry to, or temporal use of, the public waters without good
cause.

Article 22 (Indemnification for Losses Incurred by Entry to Land) (1) Where any person
sustains any loss due to any activity performed pursuant to Article 21, the relevant project
developer shall pay indemnification to such person.
(2) Where a project developer intends to pay indemnification pursuant to paragraph (1), he
or she shall reach an agreement with a person who has sustained a loss.

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(3) If no agreement is reached under paragraph (2) or if it is impracticable to reach an

agreement, a project developer or a person who has sustained any loss due to any activity
performed under Article 21 may file an application for adjudication with the competent
Land Tribunal. In such cases, an application for adjudication may be filed during the
implementation period of the relevant harbor redevelopment project, notwithstanding
Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for
Public Works Projects.
(4) Notwithstanding paragraph (3), Articles 81 through 87 of the Fisheries Act shall apply
mutatis mutandis to indemnification for rights to licensed fishery business referred to in
Article 8 of that Act; permitted fishery business referred to in Article 41 of that Act; and
reported fishery business referred to in Article 47 of that Act.

SECTION 3 Implementation of Harbor Redevelopment Projects

Article 23 (General Management of Harbor Redevelopment Projects) (1) To efficiently

promote a harbor redevelopment project, the Minister of Oceans and Fisheries may
designate a person specified in any of subparagraphs 2 through 4 of Article 15 (1)
(excluding a project developer) as a general project manager that manages the process of
implementing the harbor redevelopment project from the stage of formulating a project
plan.
(2) A general project manager designated pursuant to paragraph (1) shall perform the
following duties:
1. Generally managing a harbor redevelopment project in a project zone;
2. Examining a project plan and implementation plan;
3. Analyzing the appropriateness of a project developer when it is designated;
4. Managing the processes between individual projects, which are included in a harbor
redevelopment project, and formulating measures to adjust the projects;
5. Analyzing business feasibility of a site development project;
6. Analyzing the appropriateness of land supply;
7. Any other matters prescribed by Presidential Decree to efficiently implement a harbor
redevelopment project.

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(3) Except as provided in paragraphs (1) and (2), matters necessary for designating and
operating a general project manager and other necessary matters shall be prescribed by
Presidential Decree.

Article 24 (Expropriation and Use of Land) (1) Where necessary to implement a harbor
redevelopment project, the relevant project developer may expropriate or use land, goods,
or rights referred to in Article 3 of the Act on Acquisition of and Compensation for Land,
etc. for Public Works Projects (including rights to licensed fishery business referred to in
Article 8 of the Fisheries Act; permitted fishery business referred to in Article 41 of that Act;
and reported fishery business referred to in Article 47 of that Act).
(2) Where a project zone has been designated and publicly notified pursuant to Article 12,
project approval under Article 20 (1) of the Act on Acquisition of and Compensation for
Land, etc. for Public Works Projects and public notice of project approval under Article 22
of that Act shall be deemed granted and given.
(3) An application for adjudication with the competent Land Tribunal regarding land,
goods, or rights subject to expropriation or use under paragraph (1) may be filed during
the implementation period of the relevant harbor redevelopment project, notwithstanding
Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for
Public Works Projects.
(4) Except as otherwise provided in this Act, expropriation or use under paragraph (1) shall
be governed by the Act on Acquisition of and Compensation for Land, etc. for Public
Works Projects.

Article 25 (Replotting for Land Owners) (1) Where a person who owns any land in a project
zone intends to use the land as specified in the relevant project plan, the relevant project
developer may implement the relevant harbor redevelopment project, including such land,
and allocate replotted land to the land owner upon completion of the project, as
prescribed by Presidential Decree.
(2) Articles 4 (4) through (7), 28 through 32, 32-2, 32-3, 33 through 36, 36-2, and 37
through 49 of the Urban Development Act shall apply mutatis mutandis to matters
concerning replotting under paragraph (1): Provided, That where a project developer has
obtained approval of an implementation plan, including a replotting plan formulated under
Article 28 (1) of the Urban Development Act, the project developer shall be deemed to

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have obtained authorization for the replotting plan under Article 29 of that Act.

Article 26 (Entrusting Purchase of Land) (1) A project developer may entrust affairs for a
harbor redevelopment project, such as the purchase of land, indemnification, and measures
for migration of residents, to the competent local government or a public institution
prescribed by Presidential Decree, as prescribed by Presidential Decree.
(2) Commissions, etc. for the purchase of land, indemnification, and measures for migration
of residents and other affairs entrusted pursuant to paragraph (1) shall be prescribed by
Presidential Decree.

Article 27 (Advance Payments) A project developer may receive, in advance, all or part of the
price for any land, building, structure, etc. developed through a harbor redevelopment
project from a person who intends to be supplied with or to use such developed land,
building, structure, etc., as prescribed by Presidential Decree.

Article 28 (Supply and Development of Raw Land) (1) Where necessary to partially develop a
project zone (limited to an area not exceeding 1/3 of the total area of the project zone) in
a nature-friendly or multi-dimensional manner, a project developer may formulate a supply
plan for undeveloped land (hereinafter referred to as "raw land") and supply such raw land
to any of the following persons to develop it, with the approval of the Minister of Oceans
and Fisheries:
1. A State agency
2. A local government;
3. A Port Authority;
4. A local public enterprise;
5. A public institution prescribed by Presidential Decree.
(2) A supply plan for raw land formulated under paragraph (1) shall include matters
concerning a person that develops supplied raw land (hereinafter referred to as "raw land
developer"), the details of supply of such raw land, etc.
(3) Where a project developer intends to amend a supply plan for raw land approved
under paragraph (1), it shall obtain approval from the Minister of Oceans and Fisheries.
(4) When granting approval under paragraph (1) or (3), the Minister of Oceans and
Fisheries may attach implementation conditions concerning the development of raw land,
such as the development density, including the floor area ratio, the area and arrangement

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by land use, a traffic control plan, and the establishment of infrastructure. In such cases, a
project developer shall reflect such implementation conditions in the terms and conditions
of a supply contract for raw land referred to in the main clause, with the exception of the
subparagraphs, of paragraph (5).
(5) After entering into a supply contract for raw land with a raw land developer according
to the following, a project developer shall receive a detailed plan, including the deadline
for commencement of construction, scheduled date of completion of construction, project
period, etc., from the raw land developer, and reflect the detailed plan in the relevant
implementation plan:
1. Direction-setting for developing raw land under Article 9 (3) 12;
2. A supply plan for raw land formulated under paragraph (1).
(6) No raw land developer (excluding State agencies and local governments) shall sell any
parcel of the raw land to a third party during a period prescribed by Presidential Decree
not exceeding 10 years: Provided, That this shall not apply where the raw land is to be
used for purposes prescribed by Presidential Decree, such as housing for migration or
public facilities, with prior approval from the Minister of Oceans and Fisheries.
(7) The Minister of Oceans and Fisheries may revoke approval of a supply plan for raw land
or require a project developer to take necessary measures, such as demanding the
implementation of the relevant contract, reinstatement, claiming compensation for damage,
or canceling a supply contract for raw land, in any of the following cases:
1. Where the project developer fails to supply raw land according to the supply plan for
raw land formulated under paragraph (1);
2. Where the project developer or the raw land developer fails to meet the implementation
conditions imposed under paragraph (4);
3. Where the raw land developer falls under any of the subparagraphs of paragraph (8).
(8) Where a raw land developer falls under any of the following cases, a project developer
may terminate a supply contract for raw land, as prescribed by Presidential Decree:
1. Where the raw land developer fails to commence construction by the deadline for
commencement specified in the detailed plan submitted under paragraph (5);
2. Where the raw land developer fails to complete the project to develop raw land within
the project period specified in the detailed plan submitted under paragraph (5) after
commencing construction for development;

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3. Where the raw land developer sells all or part of the supplied raw land to a third party,
in violation of paragraph (6);
4. Where the raw land developer violates the terms and conditions of the supply contract
for raw land entered into under paragraph (5) by using the raw land for other than its
original purpose specified in the supply contract or by committing other offense.
(9) Except as provided in paragraphs (1) through (8), the standards for selecting raw land
developers, procedures and standards for supplying raw land, the supply price of raw land,
scope of the duties of a project developer and raw land developer, methods for entering
into supply contracts for raw land, and other necessary matters shall be prescribed by
Presidential Decree.

Article 29 (Restrictions on Disposal of State or Public Land) (1) No land in a project zone
owned by the State or a local government shall be disposed of for other than its original
purpose specified in the relevant implementation plan, if such land is required for a harbor
redevelopment project.
(2) Any property in a project zone owned by the State or a local government may be
disposed of to the relevant project developer under a negotiated contract, if such property
is required for a harbor redevelopment project, notwithstanding plans to administer and
dispose of State property formulated under Article 9 of the State Property Act; the public
property management plan formulated under Article 10 of the Public Property and
Commodity Management Act; and the contracting methods specified in Article 43 of the
State Property Act and Article 29 of the Public Property and Commodity Management Act.
In such cases, the Minister of Oceans and Fisheries shall pre-consult with the heads of
relevant central administrative agencies on the disuse (applicable only to administrative
property) or disposal of such State property.
(3) Upon receipt of a request for consultation under the latter part of paragraph (2), the
heads of relevant central administrative agencies shall take measures necessary for
consultation within 30 days after receipt of such request.

Article 30 (Pre-Contract for Sale of State or Public Property) (1) The State or a local
government may enter into a pre-contract for sale of property disposable under a
negotiated contract pursuant to Article 29 (2) with a project developer on condition that
the project developer completes a harbor redevelopment project.

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(2) Article 45 (2) through (5) of the State Property Act shall apply mutatis mutandis to the
use of, and profits from, any property subject to a pre-contract for sale under paragraph
(1), the termination or cancellation of the pre-contract, and other necessary matters.

Article 31 (Special Cases concerning Permission to Use State Property) (1) If deemed
particularly necessary to seamlessly implement a harbor development project, the State
may grant permission to use State property in a project zone or lease such property to the
relevant project developer during a period not exceeding 20 years, notwithstanding Articles
35 and 46 of the State Property Act.
(2) The previous permission to use, or lease agreement on, State property may be renewed
only once for a period not exceeding the initial period for permission to use or lease upon
expiration of the period for permission to use or lease specified in paragraph (1).
(3) Any person who has obtained permission to use or leased State property pursuant to
paragraph (1) may install necessary permanent facilities on such State property,
notwithstanding Article 18 of the State Property Act. In such cases, the State shall attach
the condition that such facilities be donated or returned to the State after reinstatement
upon expiration of the period for permission to use or lease, based on the type, etc. of
such facilities.

Article 32 (Bearing Expenses) (1) Expenses incurred in implementing a harbor redevelopment

project shall be borne by the relevant project developer.
(2) The State may partially subsidize or finance, within budgetary limits, expenses incurred
in implementing a harbor redevelopment project for the relevant project developer, as
prescribed by Presidential Decree.
(3) The State or a local government shall give priority to supporting the construction of
infrastructure prescribed by Presidential Decree, which is required for a harbor
redevelopment project, such as roads, railroads, and water supply facilities.
(4) Article 55 of the Urban Development Act shall apply mutatis mutandis to the
installation, etc. of electricity, telecommunications, gas, and district heating facilities.

Article 33 (Paying Living Allowances to Port and Transport Union Members) (1) A project
developer may pay living allowances calculated based on the following matters, within
budgetary limits, to any member of a port and transport union defined in subparagraph 2
of Article 2 of the Special Act on Assistance to the Reorganization of Harbor Human

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Resources Supply Systems (hereinafter referred to as "port and transport union"), if his or
her workplace has been closed due to the implementation of a harbor redevelopment
project:
1. Whether the member has withdrawn from the port and transport union;
2. Whether the member has been transferred to another workplace;
3. Average wages defined in subparagraph 6 of Article 2 of the Labor Standards Act.
(2) Standards for calculating living allowances under paragraph (1) and procedures for
paying them and other necessary matters shall be prescribed by Presidential Decree.

Article 34 (Council for Livelihood Measures for Port and Transport Union Members) (1) The
head of an institution under the Ministry of Oceans and Fisheries or the Mayor/Do
Governor having jurisdiction over a harbor, for which a harbor redevelopment project is
implemented, may organize and operate a council (hereinafter referred to as "council for
livelihood measures") to consult on the following matters relating to stabilization, etc. of
livelihood of port and transport union members: Provided, That a council for livelihood
measures shall be organized and operated if public works projects exceeding the scale
prescribed by Presidential Decree are to be implemented:
1. Gathering prior consensus to pay living allowances under Article 33 (1);
2. Transferring workplaces of port and transport union members;
3. Any other matters deemed necessary by the chairperson of a council for livelihood
measures to take livelihood measures for port and transport union members.
(2) A council for livelihood measures shall be chaired by the head of an institution under
the Ministry of Oceans and Fisheries if the relevant harbor is a national trade port, and by
the competent Mayor/Do Governor if the relevant harbor is a regional trade port.
(3) The port and transport union of a harbor for which a harbor redevelopment project is
implemented, a harbor transport business entity, etc. defined in subparagraph 3 of Article
2 of the Special Act on Assistance to the Reorganization of Harbor Human Resources
Supply Systems, or a project developer may request the head of an institution under the
Ministry of Oceans and Fisheries or the Mayor/Do Governor having jurisdiction over the
harbor to organize a council for livelihood measures.
(4) Except as provided in paragraphs (1) through (3), the organization and operation of a
council for livelihood measures and other necessary matters shall be prescribed by
Presidential Decree.

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SECTION 4 Verification of Completion

Article 35 (Verification of Completion) (1) Upon completion of a harbor redevelopment

project, a project developer shall file an application for verification of completion with the
Minister of Oceans and Fisheries without delay, as prescribed by Presidential Decree. In
such cases, the project developer may apply for verification of completion for each phase
or each facility within the scope of the relevant implementation plan, if necessary to
efficiently implement the project.
(2) Upon receipt of an application for verification of completion under paragraph (1), the
Minister of Oceans and Fisheries shall conduct a completion inspection, as prescribed by
Presidential Decree, and shall issue to the relevant developer a completion certificate in the
Form prescribed by Ordinance of the Ministry of Oceans and Fisheries if he or she deems
that the relevant harbor redevelopment project has been implemented as specified in the
approved implementation plan.
(3) Where a completion inspection conducted under paragraph (2) finds that a harbor
redevelopment project has not been completed as specified in the approved
implementation plan, the Minister of Oceans and Fisheries shall issue an order to take
necessary measures, such as supplementary construction, without delay.
(4) Where a project developer has received a completion certificate under paragraph (2),
the relevant project shall be deemed to have passed a completion inspection or obtained
completion authorization, etc. through permission, authorization, etc. granted under the
subparagraphs of Article 19 (1).
(5) No person shall use any land or facility developed or installed through a harbor
redevelopment project before a completion certificate is issued under paragraph (2):
Provided, That this shall not apply where a report on its use prior to completion is filed
with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
(6) Upon receipt of a report under the proviso of paragraph (5), the Minister of Oceans
and Fisheries shall review the details of the report and accept it if such report is consistent
with this Act.

Article 36 (Public Announcement of Completion of Projects) Upon issuing a completion

certificate under Article 35 (2), the Minister of Oceans and Fisheries shall publicly announce

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the completion of the relevant project.

Article 37 (Vesting of Public Facilities) (1) Where a project developer installs a new public
facility (excluding facilities prescribed by Presidential Decree; hereafter the same shall apply
in this Article) or a facility replacing any preexisting public facility as part of a harbor
redevelopment project, Article 65 of the National Land Planning and Utilization Act shall
apply mutatis mutandis to the vesting of such new public facility or facility replacing the
preexisting one (hereinafter referred to as "public facility, etc.").
(2) For purposes of registering a public facility, etc. referred to in paragraph (1), a
document verifying the grounds of registration under the Registration of Real Estate Ac
may be substituted by the letter of approval of the relevant implementation plan and the
completion certificate referred to in Article 35 (2).

Article 38 (Disposal of Developed Land) (1) A project developer shall directly use, sell in lots,
or lease any land developed and acquired through a harbor redevelopment project
according to the relevant implementation plan.
(2) Methods and procedures for disposing of land under paragraph (1), standards for the
price thereof, and other necessary matters shall be prescribed by Presidential Decree.

Article 39 (Reinvestment of Development Gains) (1) A project developer shall use

development gains accruing from a harbor redevelopment project for any of the following
uses, within 25/100 of the gains, as prescribed by Presidential Decree:
1. Lowering the selling prices or rent of sites, etc. for harbor facilities in the relevant project
zone;
2. Covering expenses incurred in establishing infrastructure or public facilities in the
relevant project zone;
3. Covering expenses incurred in installing facilities for job creation in the harbor logistics
industry, such as a business incubator defined in subparagraph 7 of Article 2 of the
Support for Small and Medium Enterprise Establishment Act.
(2) A project developer shall take necessary measures, such as keeping a separate account
of development gains referred to in paragraph (1), to ensure that the development gains
are reinvested as planned.
(3) Articles 8 through 12 of the Restitution of Development Gains Act shall apply mutatis
mutandis to the computation of development gains referred to in paragraph (1). In such

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cases, "standards for imposing development charges" shall be construed as "standards for
computing development gains"; "end point of imposition" as "end point of computation of
development gains"; "land subject to imposition" as "land subject to computation of
development gains"; "starting point of imposition" as "starting point of computation of
development gains"; "period for imposition" as "period for computation of development
gains"; "authorization, etc. for a development project from the State or a local
government", "authorization, etc. from the State or a local government", "authorization, etc.
for a development project" or "authorization, etc." as "approval of an implementation
plan"; "authorization, etc. for completion of a development project" as "verification of
completion"; "person liable for payment" as "project developer"; "development project" as
"harbor redevelopment project"; and "Minister of Land, Infrastructure and Transport" as
"Minister of Oceans and Fisheries.”

CHAPTER IV SUPPLEMENTARY PROVISIONS

Article 40 (Organization of Consultative Councils for Occupants) (1) Where the Minister of
Oceans and Fisheries has publicly announced the completion of a project pursuant to
Article 36, occupants and prospective occupants of the relevant project zone may organize
a consultative council to efficiently manage the project zone.
(2) The organization and operation of a consultative council for occupants under paragraph
(1) and other necessary matters shall be prescribed by Presidential Decree.

Article 41 (Measures to Stabilize Real Estate Prices) (1) The Minister of Oceans and Fisheries,
the heads of relevant administrative agencies, and the competent Mayor/Do Governor shall
take measures necessary for stabilizing prices of land, buildings, and other real estate in
each project zone and its environs.
(2) The competent Mayor/Do Governor shall request the heads of relevant central
administrative agencies to take the following measures for an area where real estate
speculation or a rapid increase in real estate prices is likely to occur as a consequence of a
harbor redevelopment project:
1. Designating it as a designated area pursuant to Article 104-2 (1) of the Income Tax Act;
2. Designating it as a high-speculation area pursuant to Article 63 of the Housing Act;

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3. Designating it as an area subject to permission for land transaction contracts pursuant

to Article 10 of the Act on Report on Real Estate Transactions, etc.;
4. Any other measures necessary for stabilizing real estate prices.

Article 42 (Hearings) To make any of the following dispositions, the Minister of Oceans and
Fisheries shall hold a hearing pursuant to the Administrative Procedures Act:
1. Revoking the designation of a project developer under Article 15 (2);
2. Revoking approval of an implementation plan under Article 18.

Article 43 (Transfer of Rights or Obligations) (1) A person who intends to transfer his or her
rights or obligations arising from permission or approval granted under this Act shall
obtain authorization from the Minister of Oceans and Fisheries, as prescribed by Ordinance
of the Ministry of Oceans and Fisheries: Provided, That the person need not obtain
authorization if such rights or obligations are transferred by inheritance or on any other
grounds prescribed by Presidential Decree.
(2) The transfer of rights and obligations under the main clause of paragraph (1) shall
become effective from the date the relevant person obtains authorization therefor from the
Minister of Oceans and Fisheries.

Article 44 (Delegation of Authority) The Minister of Oceans and Fisheries may delegate part
of his or her authority under this Act to the head of an institution under his or her
management or a Mayor/Do Governor in accordance with Presidential Decree.

CHAPTER V PENALTY PROVISIONS

Article 45 (Penalty Provisions) Any of the following persons shall be punished by

imprisonment with labor for not more than three years or by a fine not exceeding 30
million won:
1. A person designated as a project developer under Article 15 by fraud or other improper
means;
2. A person who has obtained approval of an implementation plan under Article 17 by
fraud or other improper means.

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Article 46 (Penalty Provisions) Any of the following persons shall be punished by

imprisonment with labor for not more than two years or by a fine not exceeding 20 million
won:
1. A person who has obtained permission or permission for modification under Article 14
(1) by fraud or other improper means;
2. A person who implements a project without approval of an implementation under
Article 17.

Article 47 (Penalty Provisions) Any of the following persons shall be punished by

imprisonment with labor for not more than one year or by a fine not exceeding 10 million
won:
1. A person who engages in any activity referred to in Article 14 (1) in a project zone
without permission or permission for modification under Article 14 (1);
2. A person who fails to comply with an order to suspend or alter construction works; an
order to renovate, alter, relocate, remove, or reinstate facilities or things; any other
necessary disposition, etc. issued or made under Article 15 (2) or 18 (1);
3. A person who uses any land or facility developed or installed without reporting on its
use under the proviso of Article 35 (5).

Article 48 (Joint Penalty Provisions) If the representative of a corporation, or an agent or

employee of, or any other person employed by a corporation or an individual commits any
offense specified in Articles 45 through 47 in connection with the affairs of the corporation
or individual, not only shall such offender be punished accordingly, but the corporation or
individual shall also be punished by a fine under the relevant provisions: Provided, That
this shall not apply where such corporation or individual has not been negligent in taking
due care and supervision concerning the relevant affairs to prevent such offense.

Article 49 (Administrative Fines) (1) Any of the following persons shall be subject to an
administrative fine not exceeding 2 million won:
1. A person who rejects or interferes with any activity performed by a project developer
under Article 21 (1) without good cause;
2. A person who enters any land without consent from its owner or occupant or without
permission from the competent Special Self-Governing Province Governor or the head of
the competent Si/Gun/Gu, in violation of Article 21 (2) or (3);

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3. A person who enters any land without carrying an identification certificate, in violation of
Article 21 (5);
4. A person who interferes with or hinders a project developer's entry to or temporary use
of the public waters, in violation of the latter part of Article 21 (6).
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the
Minister of Oceans and Fisheries, as prescribed by Presidential Decree.

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