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AGGREGATE COLLECION ACT

[Enforcement Date: Oct. 23, 2009] [Act No. 9636, Apr. 22, 2009, Other Laws and Regulations Amended]

Ministry of Land, Transport and Maritime Affairs (Construction Workforce, Machinery and Materials Division)

Tel.: 02-2110-8373

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the efficient utilization of aggregates and the development of the national economy by providing for the basic matters concerning the collection of aggregates such as plans for supply and demand of aggregates and the registration of aggregate collection businesses, etc. in order to ensure the smooth circulation of supply and demand of aggregates and to prevent any accidents ensuing from the collection of aggregate.

Article 2 (Definitions)

(1) The definitions of terms used in this Act shall be as follows:

1. The term "aggregate" means rocks (limited to rocks which can be broken into sand or gravel), sand or gravel deposited in the rivers, forests, public waters, or on or under the ground, which are used as basic materials for construction works; 1-2. The term "collecting" means separating from the natural state such as digging up or taking out aggregate;

2. The term "aggregate collection business" means a business of collecting, screening, washing or crushing aggregate for profit-making;

3. Deleted;

4. The term "survey of aggregate resources" means the survey of the location and quantity of the reserve, depth, quantity of topsoil, or reserve structure, etc. of aggregate resources through geological examination, physical investigation, or drilling probes, and the survey of the location and development conditions such as the current condition of land usage and environment for transportation, etc. of the area subject to aggregate collection; and

5. Deleted. (2) The aggregate collection business pursuant to the provisions of section (1) 2 may be subdivided according to the provisions as prescribed by the Presidential Decree.

Article 3 (Scope of Application to Forest Areas )

The provisions of Chapter IV of this Act shall not apply to the forests pursuant to the Forestry Act. CHAPTER II SURVEY OF AGGREGATE AND SUPPLY AND DEMAND PLAN OF AGGREGATE Article 4 (Survey of Aggregate Resources ) (1) The Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the "Minister") shall conduct a nationwide survey of aggregate resources according to the conditions as prescribed by the Presidential Decree and notify the heads of the administrative agencies concerned of the result thereof.

(2) and (3) Deleted. (4) Where it is necessary for conducting a survey of aggregate resources, the Minister may, ask for the necessary materials or request for cooperation to the agencies concerned. (5) The Minister may have the specialized institutions concerned conduct the affairs for survey of aggregate resources on behalf of him/her according to the conditions as prescribed by the Presidential Decree.

Article 5 (Basic Plan for Supply and demand of Aggregate) (1) The Minister shall establish and implement the basic plan for supply and demand of aggregate including the following subject matters every five years:

1. Prospect of the long-term demand for aggregate;

2. Measures for the long-term supply of aggregate;

3. Development direction per aggregate source; and

4. Other matters concerning the supply and demand of aggregate. (2) When intending to establish the basic plan for supply and demand of aggregate pursuant to the provisions of section (1), the Minister shall consult with the heads of the central administrative agencies concerned. (3) The Minister shall notify the heads of the central administrative agencies concerned, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor, or the Special Self-Governing Do governor concerned (hereinafter referred to as the "Mayor/Do governor") of the basic plan for supply and demand of aggregate established in accordance with sections (1) and (2).

Article 6 (Annual Plan for Supply and demand of Aggregate) (1) The Mayor/Do governor shall prepare the plan for supply and demand of aggregate for the next year and submit it to the Minister by October 31 every year: Provided, That in the case where an annual plan for supply and demand of aggregate for two or more Cities or Dos is needed, the Mayors/Do governors concerned shall establish a wide-area annual plan for supply and demand of aggregate by mutual agreement under the conditions as prescribed by the Presidential Decree.

(2) After putting together and coordinating the annual plans for supply and demand of aggregate pursuant to the provisions of section (1), the Minister shall establish the plan for supply and demand of aggregate for the next year by December 31 of every year and notify the heads of the central administrative agencies concerned and the Mayor/Do governor of the established plan.

(3) The head of each central administrative agency shall, where there are projects which require aggregate among the projects under his/her jurisdiction, notify the Minister of such project plans according to the conditions as prescribed by the Presidential Decree. (4) Matters necessary for the contents of the plans for supply and demand of aggregate pursuant to the provisions of sections (1) and (2) and other matters necessary for the establishment of the plans for supply and demand of aggregate shall be prescribed by the Presidential Decree.

Article 7 Deleted. Article 8 Deleted. Article 9 (Recommendation of Technology Development) (1) The Minister of Knowledge Economy may recommend aggregate collection business operators to introduce new technology or to implement research and development, etc., and may provide them, if necessary, with technological information or technological guidance.

(2) The Minister of Knowledge Economy may have a specialized institution concerned vicariously execute the technological guidance pursuant to the provisions of section (1).

Article 10 (Support for Aggregate Collecting)

(1) The Minister of Knowledge Economy may provide the aggregate collection business operators, institutions or associations related to the development of aggregate resources with supports stated in the following subsections for the reasonable development of aggregate resources:

1. Subsidy or loan of the funds needed for the survey on aggregate resources;

2. Subsidy or loan of the funds needed for the development of aggregate collection technology;

3. Loan of the investment funds needed for the installation of aggregate collection facilities;

4. Loan of the investment funds needed for the installation of facilities to prevent pollutions and disasters ensuing from aggregate collection; and

5. Other subsidy or loan of such other funds prescribed by the Presidential Decree. (2) The Minister of Knowledge and Economy may have a specialized agency prescribed by the Presidential Decree vicariously conduct the affairs concerning supports pursuant to the provisions of section (1).

Article 11 (Deliberation Committee for Supply and Demand of Aggregate) (1) The Ministry of Land, Transport and Maritime Affairs shall establish the Deliberation Committee for Supply and Demand of Aggregate (hereinafter referred to as the "Deliberation Committee") in order to deliberate on the major policies on the stabilization of the supply and demand of aggregate. (2) The Deliberation Committee shall deliberate on the matters falling under each of the following subsections:

1. The basic plan for the supply and demand of aggregate pursuant to the provisions of Article 5;

2. The annual plan for the supply and demand of aggregate pursuant to the provisions of Article 6;

3. The designation of areas in which the collection of aggregate is prohibited pursuant to the provisions of Article 22-2;

4. The measures to stabilize the supply and demand of aggregate pursuant to the provisions of Article 33-2; and

5. Other major policy matters related to the stabilization of the supply and demand of aggregate, which are referred to in the Deliberation Committee by the chairperson. (3) The Deliberation Committee shall be composed of not more than 20 members including one chairperson, and the members shall be appointed or commissioned by the Minister among public officials who belong to the agencies concerned, experts specialized in the fields of aggregate, geological features, environment and construction industry, and persons of profound academic knowledge and experience in the affairs of supply and demand of aggregate. (4) Matters necessary for the organization, operation, etc. of the Deliberation Committee shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Articles 12 and 13 Deleted. CHAPTER III REGISTRATION OF AGGREGATE COLLECTION

BUSINESS

Article 14 (Registration)

(1) A person who intends to run an aggregate collection business shall register the said business with the Special Self-Governing Do governor or the head of the city/Gun/Gu (limited to the head of autonomous Gu, and hereinafter referred to as the "head of city/Gun/Gu) who has jurisdiction over the place of the main office thereof: Provided, That this shall not apply to the case where the State or a local government intends to run an aggregate collection business.

(2) A person who intends to register his/her business pursuant to the provisions of section (1), shall be equipped with investment capital or assets, facilities, equipment and technical manpower pursuant to the standards as prescribed by the Presidential Decree. (3) A person who has registered an aggregate collection business shall make a report to the head of the city/Gun/Gu on the matters in respect to the standards for the registration referred to in section (2) every time the period prescribed by the Presidential Decree within the limit of two years have elapsed. Article 15 (Disqualifications)

Anyone who applies to any of the following subsections may not register an aggregate collection business. The same shall apply to cases where the juristic person has any person who applies to the following subsections among its directors:

1. A person who adjudged incompetent or quasi-incompetent;

2. A person who was adjudged bankrupt and has not been reinstated;

3. A person for whom two years have not passed since the registration of his/her aggregate collection business was cancelled according to Article 19 (1) 1, 2, 4 through 10-2 and 12;

4. A person was sentenced to imprisonment for violating this Act, and for whom two years have yet elapsed since the date on which the execution of the sentence was terminated (including a case where the execution of the punishment is deemed to be terminated) or exempt; and

5. A person who is under the probation of the execution of imprisonment declared by a court for violating this Act.

Article 16 (Report on Alteration of Registered Matters) (1) In the event that there is any change in the trade name, title, location of office or other matters prescribed by the Presidential Decree, he/she shall report thereof to the head of the city/Gun/Gu. (2) Deleted.

Article 17 (Transfer of Aggregate Collection Business) (1) Where an aggregate collection business operator intends to transfer his/her business or to merge with another (excluding cases where a juristic person of an aggregate collection business entity merges itself with another juristic person which is not an aggregate collection business entity by acquisition), he/she shall report it to the head of the city/Gun/Gu under the conditions as prescribed by the Presidential Decree.

(2) The transferee or the established or existing juristic person after the merger, in the case where the report pursuant to the provisions of section (1) has been made, shall succeed to the status of the transferor and the juristic person prior to the merger as an aggregate collection business operator respectively. (3) In the case where an aggregate collection business operator has died, if the successor intends to run the aggregate collection business by succeeding to the status of aggregate collection business operator, he/she shall report to the head of the city/Gun/Gu on the fact of the succession within three months from the date of the succession.

(4) The provisions of Article 15 shall apply mutatis mutandis to such cases referred to in sections (1) and (3).

Article 18 (Prohibition, etc. of Lending Registered Names) No aggregate collection business operator shall have other persons operate an aggregate collection business by using his/her trade name or title, nor shall he/she lend his/her registration certificate of his/her aggregate collection business to other persons. Article 19 (Cancellation, etc. of Registration)

(1) Where an aggregate collection business operator applies to any of the following subsections, the head of the city/Gun/Gu may cancel the registration of his/her aggregate collection business, or may order him/her to suspend his/her business operation for a fixed period no more than six months: Provided, That where the aggregate collection business operator applies to any of subsections 1 through 3 and 12, the head of the city/Gun/Gu shall cancel such registration:

1. Where he/she has made a registration pursuant to the provisions of Article 14 by fraud or other illegal means;

2. Where he/she has not made a report on the matters in respect to the standards for registration referred to in Article 14 (3) by the time two years have elapsed;

3. Where he/she applies to any of subsections of Article 15;

4. Where his/her aggregate collection business has fallen short of the standards for registration of aggregate collection business;

5. Where he/she has failed to make the report pursuant to the provisions of Article 16 (1);

6. Where he/she has violated the provisions of Article 18;

7. Where he/she has not made the report pursuant to the provisions of Article 21 (2), or has refused, interfered with, or evaded investigation, without any justifiable reason;

8. Where he/she has collected aggregate without having obtained permission in violation of the provisions of Article 22;

9. Where he/she has caused harm to the public by neglecting the prevention measures pursuant to the provisions of Article 28;

10. Deleted 10-2. Where he/she applies to any of the subsections of Article 31 (1); 10-3. Where he/she has screened, washed or crushed aggregate without reporting on modification in violation of the provisions of Article 32 (1) or (2);

11. Where the State or a local government requests the head of the city/Gun/Gu to cancel the registration of his/her aggregate collection business according to other laws and regulations; and

12. Where he/she has operated his/her business during the suspension period of business. (2) The provisions of section (1) shall not apply to the case of a juristic person that has replaced its director who applies to any of subsections of Article 15 within three months after the date the relevant fact is discovered, or to the case of a successor of an aggregate collection business operator who applies to any of subsections of Article 15 as of the date of the succession, and for whom six months have not passed from the date of the succession. (3) The detailed standards for cancellation of registration, etc. according to section (1) shall be prescribed by the Presidential Decree by taking into considerations the reasons, the extent of violation, etc. Article 20 (Continuation, etc. of Aggregate Collection Business during the Period of Administrative Dispositions Taken)

(1) Where the disposition of the suspension of business operation pursuant to the provisions of Article 19 has been taken against an aggregate collection business operator, he/she may continue to collect aggregate for a project for which the permission for collecting aggregate was obtained in accordance with the provisions of Article 22 prior to the said disposition has been taken against him/her.

(2) Where the disposition of the cancellation of the registration of an aggregate collecting business pursuant to the provisions of Article 19 has been taken against an aggregate collection business operator, he/she shall not collect aggregate from the date on which the said disposition has been taken: Provided, That for a project for which the permission for collecting aggregate was obtained in accordance with the provisions of Article 22 before the cancellation disposition has been taken, and for which the remaining quantity of aggregate to be collected is less than 20 percent of the whole quantity of aggregate permitted, the aggregate collection business operator may continue to collect aggregate. (3) In the case of section (2), except for the cases where the aggregate collection business operator may continue to collect aggregate according to the proviso of the said section, the head of the city/Gun/Gu may have the State, local government, or another aggregate collection business operator collect aggregate according to the conditions as prescribed by the Presidential Decree.

Article 21 (Guidance and Supervision)

(1) The aggregate collection business operator shall maintain a ledger which has stated entries of the kinds and quantity of aggregate collected for each region of aggregate collection. (2) Where it is deemed necessary to verify the matters related to aggregate collection such as whether or not of satisfying the standards for registration of the aggregate collection business, measures to decrease impacts on the environment, the current conditions of aggregate collection, etc., the head of the city/Gun/Gu may order aggregate collection business operators to report on the matters concerning the business affairs such as their facilities, equipment, the current condition of their collecting aggregate, etc., or may have public officials under his/her jurisdiction inspect the facilities, equipment and documents, etc. of the aggregate collection business operators. (3) Where the inspection is implemented pursuant to section (2), the date and time, reason and the contents of inspection shall be notified to the aggregate collection business operator not later than seven days prior to the inspection. Provided, That this does not apply in the event that the purpose of inspection is deemed unachievable due to destruction of evidence, etc. if prior notification is made. (4) The public officials who perform inspection pursuant to the provisions of section (2) shall carry a voucher that indicates their authority, and show it to the persons concerned.

CHAPTER IV COLLECTION, ECT. OF AGGREGATE

Article 21-2 (Designation, etc. of Area in Which Aggregate is to be Collected) (1) The Mayor/Do governor shall designate a certain area in which the collection of aggregate is needed as an area in which aggregate is to be collected according to the annual plan for the supply and demand of aggregate pursuant to the provisions of Article 6(1) under the conditions as prescribed by the Presidential Decree among the river areas or flood control areas provided under the River Act or public waters provided under the Public Waters Management Act. In this case, the scheduled period of aggregate collection shall not exceed five years. (2) When it is deemed necessary to alter the designation, such as adjustment of the size of area in which aggregate is to be collected or to revoke the designation as the grounds for designation has disappeared or the objective of the designation is impossible to attain, the Mayor/Do governor may alter or revoke the designation under the conditions as prescribed by the Presidential Decree.

(3) When the Mayor/Do governor has designated any area in which the aggregate is to be collected or has altered or revoked the designation thereof pursuant to the provisions of sections (1) and (2), he/she shall publicly announce the contents thereof under the conditions as prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Article 22 (Permission for Collection of Aggregate) (1) A person who intends to collect aggregate shall obtain permission for doing so from the head of the competent city/Gun/Gu (referring to the Minister in the case where aggregate is collected in the exclusive-economic zone pursuant to the provisions of Article 2 of the Exclusive Economic Zone Act and in the aggregate collection complex pursuant to the provisions of Article 34, and the same shall apply hereinafter in this Article, Articles 23 through 25 and 29 through 31, 33 and 47-2) under the conditions as prescribed by the Presidential Decree: Provided, That this shall not apply to the cases applicable to any of the following subsections:

1. Where aggregate is collected incidentally to the project implemented pursuant to the other laws and regulations; and

2. Where aggregate is collected for emergency disaster relief, military facilities, village- level public projects or other similar public projects, within the scope prescribed by the Presidential Decree.

(2) A person who intends to obtain permission for collecting aggregate in an area which overlaps with a mining right designation area shall obtain the consent of the holder of the mining right or the mining right by lease for the said area: Provided, That this shall not apply to the case where the approval of the Minister of Knowledge has been granted since it was found, as a result of a survey by an expert survey institution accredited by the Minister of Knowledge Economy, that the mining of mineral resources is below the standards of economic value or that the mining of mineral resources and the collection of aggregate does not result in any trouble to each other. (3) The head of the city/Gun/Gu shall not grant permission for collecting aggregate in the cases where the area in which aggregate is to be collected applies to the area in which the collection of aggregate is prohibited pursuant to the provisions of Article 22-2, the area in which the collection of aggregate is prohibited pursuant to other laws and regulations, or is one of the areas prescribed by the Presidential Decree for the purpose of preserving the national territory or natural resources, protecting important facilities such as cultural assets, national defense facilities, etc., or preventing water pollution, or for other public interests.

(4) Where there are two or more applications for the permission for collecting aggregate, for the same area, the head of the city/Gun/Gu shall give priority in approving the said permission to the application for permission of collecting aggregate for official use or public use such as disaster relief, military facilities, etc. in accordance with the provisions of the Presidential Decree.

(5) The person who collects aggregate after obtaining approval under the provisions of the proviso of section (2) and permission for collecting aggregate shall compensate for the loss suffered by the holder of the mining right or mining right by lease due to the said collection of aggregate.

(6) In granting permission for aggregate collection under section (1), the head of city/Gun/Gu shall examine the following matters:

1. Whether or not conforming to the annual plan for supply and demand of aggregate;

2. Current condition of supply and demand of aggregate;

3. Reserved quantity of aggregate;

4. Quality of reserved aggregate;

5. Appropriateness of forecast of impact on environment and measures for reducing such impact due to collection of aggregate;

6. Appropriateness of plan for preventive measures for disasters and safety; and

7. Capability of the applicant for collecting aggregate under Article 22 (3). Article 22-2 (Designation of Area in Which Aggregate Collection is Prohibited) (1) The Minister may, when it is deemed necessary for securing a stable stock of aggregate, preserving the environment and for the public interest, designate an area in which the collection of aggregate is prohibited (hereinafter referred to as the "area in which the collection of aggregate is prohibited") for the period of not more than five years under the conditions as prescribed by the Presidential Decree. In this case, the Minister shall consult in advance with the heads of the administrative agencies concerned thereon.

(2) When the Minister has designated any area in which the collection of aggregate is prohibited pursuant to the provisions of section (1), he/she shall publicly announce the details of such designation without delay. [This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Article 22-3 (Evaluation of Capacity of Collecting Aggregate and Public Announcement)

(1) Where there are applications for the approval for collecting aggregate from the aggregate collection business operators, the Minister shall evaluate the capacity of collecting aggregate of the aggregate collecting business operators in accordance with the performance of aggregate collection, capital, management level of safety, environment and quality in collecting aggregate, and publicly announce thereof for the head of the city/Gun/Gu to select the appropriate aggregate collecting business operators.

(2) Any aggregate collection business operator who intends to be evaluated and publicly announced of the capacity of collecting aggregate under section (1) shall submit a photocopy of the permit for collecting aggregate, report on current conditions of aggregate collection, financial status and other matters prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs to the Minister.

(3) Method for evaluation of capacity of collecting aggregate, procedures for public announcement under section (1) and other necessary matters shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Newly Inserted by Act No. 8479, May 17, 2007] Article 23 (Relations with Other Acts)

(1) Where the permission (referring to the approval for the complex management plan pursuant to the provisions of Article 34-2 (2) in the case of the aggregate collecting complex pursuant to the provisions of Article 34, and the same shall apply hereinafter in this Article) for collecting aggregate has been granted, the following permission or approval shall be deemed to be granted:

1. Deleted;

2. Permission for alteration of the forms and character of land and collecting earth and rocks pursuant to the provisions of Article 56 (1) 2 and 3 of the National Land Planning and Utilization Act;

3. Permission for alteration of the forms and character of land within the water-source protection area pursuant to the provisions of Article 5 (4) of the Water Supply and Waterworks Installation Act;

4. Permission for occupation of rivers under Article 33 of the River Act and permission of use of rivers under Article 50 of the same Act;

5. Permission for occupation and use of public waters pursuant to the provisions of Article 5 of the Public Waters Management Act;

6. Permission for creation of private roads pursuant to the provisions of Article 4 of the Private Road Act;

7. Permission for collecting earth and rocks, etc. pursuant to the provisions of Article 15 (1) of the Balanced Regional Development and Fosterage of Local Small and Medium Enterprises Act;

8. Deleted;

9. Permission for diversion of the use of farmland pursuant to the provisions of Article 34 (1) of the Farmland Act and the permission for temporary use of farmland for purposes other than its original purpose pursuant to the provisions of Article 38 (1) of the same Act;

10. Deleted;

11. Approval of construction works, etc. within the protected water area pursuant to the provisions of Article 67 of the Fisheries Act;

12. Permission for collecting earth and rocks within the industrial complex pursuant to the provisions of Article 12 of the Industrial Sites and Development Act; and

13. Permission for collecting earth and rocks within the area prearranged for housing site development pursuant to the provisions of Article 6 of the Housing Site Development Promotion Act.

(2) Where the head of the city/Gun/Gu intends to grant permission for collecting aggregate, if the permission to be granted includes matter applicable to any of the subsections of section (1), he/she shall consult with the head of the agency concerned. In this case, the head of the agency concerned, who has been requested for the consultation, shall submit his/her opinion within the period prescribed by the Presidential Decree starting from the date of such request.

Article 24 (Collection Period)

(1) When granting permission for collecting aggregate, the head of the city/Gun/Gu shall grant such permission by designating the collection period for the said permission, after taking into consideration the overall situations such as the quantity of reserved aggregate, the prospect of the use of the land concerned, surrounding environment, etc. under the conditions as prescribed by the Presidential Decree. (2) Deleted.

Article 25 (Approval of Changes in Permitted Contents) Where any person who has obtained permission for aggregate collection intends to change the contents of the said permission, he/she shall obtain approval from the head of city/Gun/Gu: Provided, That when intending to change minor matters prescribed by the Presidential Decree, the person shall make a report on the intended change to the head of city/Gun/Gu.

Article 26 (Aggregate Collection, etc.)

(1) A person who has obtained permission for aggregate collection shall collect aggregate in compliance with the conditions of the permission, such as the area for collection, the collection period, etc.

(2) and (3) Deleted. Article 27 Deleted. Article 28 (Preventive Measures etc. against Disasters) (1) A person who collects aggregate after obtaining permission for aggregate collection shall take preventive measures against potential destruction of the natural environment, potential water pollution, and other disasters.

(2) Deleted.

Article 29 (Restoration of Aggregate Collection Areas) (1) A person who collects aggregate after obtaining permission for collecting aggregate shall take necessary measures for restoration, etc. of his/her aggregate collection area into its original state within the period designated by the head of the city/Gun/Gu. (2) When granting permission for collecting aggregate, the head of the city/Gun/Gu shall have the person who obtained the said permission make a deposit of the expenses required for the restoration, etc. of the aggregate collecting area concerned under the conditions as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not apply to the cases applicable to any of the following subsections:

1. Where the State or local government obtained the permission for aggregate collecting;

2. Where the expenses for restoration, etc. has already been deposited under other laws and regulations; and

3. Other cases prescribed by the Presidential Decree. (3) In the event that the person who made a deposit for restoration pursuant to section (2) has not taken the necessary measures under section (1), the head of the city/Gun/Gu may designate a person to vicariously take the necessary measures for restoration, etc. In this case, the expenses needed for the restoration shall be paid with the deposit pursuant to the provisions of section (2).

(4) When the restoration, etc. has been completed in accordance with section (1) or (3), the head of the city/Gun/Gu shall perform inspection for completion of restoration.

(5) Where there occur defects in the restoration, etc. during the period prescribed by the Ministry of Land, Transport and Maritime Affairs from the date of inspection for completion of restoration is completed, the person who has been inspected for the completion of restoration in accordance with section (4) shall take measures necessary for the restoration of the defects, etc. within the period designated by the head of the city/Gun/Gu.

(6) The head of the city/Gun/Gu shall have the person who intends to be inspected for the completion of restoration under section (4) make a deposit of restoration guarantee of defects within the limit of ten percent of the total construction expense for the restoration under section (2) within the period of five years for the restoration of defects which may occur after the inspection for completion of restoration. Provided, That this does not apply to the cases applicable to section (2) 1 or 3, or the restoration expense under section (2) 2 can be utilized as the restoration guarantee for defects.

(7) Section (3) and (4) shall apply mutatis mutandis to vicarious execution of measures necessary for the restoration of defects and inspection for completion of restoration for the restoration of defects under section (5). (8) Matters necessary for the deposit under section (2) and method of deposit, period of deposit, etc. under section (6) shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Article 30 (Order to Change Aggregate Collection Areas, etc.) In the cases of following subsections, the head of the city/Gun/Gu may order the person who has obtained the permission for aggregate collection to change his/her aggregate collection area, to suspend collecting aggregate, to move his/her facilities, or to take other necessary measures:

1. Where there is a possibility that the public may be harmed by occurrence of disasters, etc. due todamages to the natural environment, change in environment of rivers or ocean, etc. if such aggregate collection is to be continued;

2. Where the aggregate collection discharges pollutants exceeding the permitted standards for discharging under the related laws and regulations such as the Water Quality and Ecosystem Conservation Act, Prevention of Marine Pollution Act, etc; and

3. Where the condition for the permission provided at the time of granting permission for aggregate collection has been violated.

Article 31 (Cancellation, etc. of Permission for Collecting Aggregate) (1) Where a person who has obtained permission for aggregate collecting applies to any of the following subsections, the head of the city/Gun/Gu may cancel the said permission, or suspend his/her collection of aggregate by designating a period within six months. Provided, That where he/she applies to subsection 1 or 8, the head of the city/Gun/Gu shall cancel the permission for collecting aggregate:

1. Where he/she has obtained permission for aggregate collection by fraud or other illegal means;

1-2. Where he/she has collected aggregate without obtaining permission for alteration of the permitted contents in violation of Article 25;

2. Where he/she has collected aggregate in a manner outside of the permitted contents in violation of the provisions of Article 26;

3. through 5 Deleted; ;

6. Where he/she has violated the provisions of Article 29 (1);

7. Where he/she has failed to comply with the order pursuant to the provisions of Article 30; and

8. Where a person who was ordered to suspend aggregate collection under Article 30 and this Article has collected aggregate during the suspension period. (2) The detailed standards for cancellation, etc. of permission under section (1) shall be prescribed by the Presidential Decree after take into consideration the reasons and the extent of violation etc. Article 32 (Report, etc. on Screening, Washing, etc. of Aggregate) (1) A person, who intends to screen, wash or crush aggregate that is larger than the scale as prescribed by the Presidential Decree, shall report thereon to the head of the city/Gun/Gu concerned under the conditions prescribed by the Ordinance of the Land, Transport and Maritime Affairs: Provided, That this shall not apply to the case where a person who has obtained permission for collecting aggregate under the provisions of Article 22 (1) intends to screen, wash or crush aggregate. (2) Where a person who has made a report on the collection of aggregate intends to alter the reported matters, he/she shall make a report on alteration thereof to the head of the city/Gun/Gu: Provided, That this shall not apply to the case of altering minor matters prescribed by the Presidential Decree.

(3) The provisions of Article 30 shall apply mutatis mutandis to the person who has made a report on screening, washing or crushing aggregate. [This Article Wholly Amended by Act No. 5966, Apr. 15, 1999] Article 33 (Order, etc. for Restoration to Original State) (1) Where the person who must obtain the permission for collecting aggregate has collected aggregate without having obtained the said permission, the head of the city/Gun/Gu may order the said person to restore the aggregate collecting area into its original state or to remove the facilities installed for the purpose of collecting aggregate, or may take other necessary measures.

(2) In the event that the person who has received the order pursuant to the provisions of section (1) has not executed the said order, the head of city/Gun/Gu may vicariously execute it under the Administrative Vicarious Execution Act. CHHAPTER V MEASURES, ETC. FOR STABILIZING SUPPLY AND DEMAND OF AGGREGATE Article 33-2 (Measures for Stabilizing Supply and demand of Aggregate) (1) Where there is possibility that the imbalance in the supply and demand of aggregate may cause serious trouble in the operation of the national economy, the Minister may take the following measures:

1. Designation, alteration or revocation of aggregate collecting complex for intensive development of aggregate pursuant to the provisions of Article 34;

2. Storing aggregate;

3. Coordination of the export and import of aggregate; and

4. Other measures prescribed by the Presidential Decree which are necessary for stabilizing the supply and demand of aggregate.

(2) When the Minister intends to take the measures for stabilizing the supply and demand of aggregate pursuant to section (1), he/she shall consult in advance with the heads of the administrative agencies concerned thereon. [This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Article 34 (Designation, etc. of Aggregate Collection Complex )

(1) Where the Minister deems it necessary for efficient use of aggregate resources and stabilization of supply and demand thereof, he/she may designate any area that reserves high-quality aggregate and where intensive development is easily available as an aggregate collection complex (excluding the forests under the Forestry Act) directly or upon the application filed by any person applicable to any of the following subsections:

1. The Mayor/Do governor;

2. The head of the city/Gun/Gu; and

3. The Korea Water Resources Corporation pursuant to the Korea Water Resources Corporation Act and other government-invested institutions prescribed by the Presidential Decree.

(2) When the Minister intends to designate any aggregate collection complex pursuant to section (1), he/she shall hold consultation for prior examination of environmental natures under the Framework Act on Environmental Policy and consultation for environmental impact assessment report under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc. with the Minister of Environment. In this case, if the Minister has granted permission for collecting aggregate pursuant to Article 22 in any aggregate collecting complex, it shall be deemed that there have been consultation for prior examination of environmental natures and consultation for environmental impact assessment reports. (3) When it is deemed necessary to alter the designation of such aggregate collection complex such as adjustment of the area of any aggregate collection complex that is designated pursuant to the provisions of section (1), or it is deemed necessary to revoke the designation of any aggregate collection complex as the grounds of designating such aggregate collection complex cease to exist or the objective of designating such aggregate collection complex is expected to be impossible to attain, the Minister may alter or revoke the designation of the relevant aggregate collection complex directly or upon an application filed by the person applicable to each subsection of section (1) under the conditions as prescribed by the Presidential Decree.

(4) When the Minister intends to designate any aggregate collection complex pursuant to the provisions of section (1) or alter any aggregate collection complex pursuant to the provisions of section (3), he/she shall consult with the heads of the administrative agencies concerned thereon: Provided, That the same shall not apply to the cases of altering minor matters such as any change in the area of the complex not meeting the standards prescribed by the Presidential Decree.

(5) When the Minister has designated an aggregate collection complex in accordance with the provisions of section (1), or has altered or revoked the designation in accordance with the provisions of section (3), the Minister shall, without any delay, publicly announce the contents thereof under the conditions as prescribed by the Presidential Decree. (6) Where the head of a management agency of a state-owned land or the head of the competent local government of a public-owned land located within an area designated as an aggregate collection complex pursuant to the provisions of section (1) intends to grant permission for use, use and profit-making or loan for the purpose of activities prescribed by the Presidential Decree, such as installing a structure or altering the forms and character of land under the provisions of the State Properties Act or the Local Finance Act, he/she shall have a prior consultation with the Minister thereon.

(7) Necessary matters such as standards and procedures for the designation period, location, area, quantity of and time for collecting in respect to an aggregate collecting complex, etc. shall be prescribed by the Presidential Decree.

Article 34-2 (Management, etc. of Aggregate Collection Complexes) (1) The aggregate collection complex shall be managed by the person who is designated by the Minister according to the selection standards and the procedures prescribed by the Presidential Decree (hereinafter referred to as the "complex manager") among the persons who apply to each subsection of Article 34 (1). (2) Any person who is designated as the complex manager pursuant to the provisions of section (1) shall formulate a plan for managing the aggregate collection complex which includes the location and the area of the aggregate collection complex and the management period of the aggregate collection complex, and other matters prescribed by the Presidential Decree (hereinafter referred to as the "complex management plan") and obtain approval thereof from the Minister within six months from the date on which he/she is designated as the complex manager. (3) Where the person who applies to each subsection of Article 34(1) files an application for designating an aggregate collection complex, he/she may also apply for the approval of the complex management plan referred to in section (2). (4) When the Minister intends to approve the complex management plan pursuant to the provisions of section (2), he/she shall consult in advance with the heads of the administrative agencies concerned thereupon. (5) When the Minister has approved a complex management plan, he/she shall publicly announce the contents of such complex management plan under the conditions as prescribed by the Presidential Decree and notify the heads of administrative agencies concerned and the relevant complex manager of his approval for such complex management plan.

(6) The provisions of sections (2) through (5) shall apply mutatis mutandis to any alteration of the complex management plan: Provided, That the same shall not apply to any minor alterations such as changes in the quantity of aggregate to be collected, alteration of area of the complex, etc. which are below the standards prescribed by the Presidential Decree. (7) Where any complex manager who is designated pursuant to the provisions of section (1) fails or is unable to perform the affairs of the complex management prescribed by the complex management plan, the Minister may revoke his/her designation of the complex manager or replace him/her with another one. [This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Article 34-3 (Collection, etc. of Complex Management Charge) (1) The complex manager may collect expenses required for the affairs of complex management such as survey of the aggregate collection complex, preservation of environment and performing administrative procedures, etc. (hereinafter referred to as "complex management charge") from persons who collects aggregate in the respective aggregate collection complex.

(2) Complex management charge shall be used for the following purposes:

1. Management of the aggregate collection complex;

2. Payments of river occupation fees or public waters occupation and usage fees; and

3. Other expenses needed to survey and designate the aggregate collection complex, etc. (3) Where anyone fails to pay the complex management charge, the complex manager shall collect such charge in accordance with the practices of the dispositions on default national taxes or local taxes.

(4) Matters necessary for the collection of the complex management charge, standards for calculating the charges, and methods of paying the charges in installments, etc. shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Article 34-4 (Special Case Concerning Collection, Reduction and Exemption of River Occupation Use Fees, etc.)

In the case of the aggregate collection complex, the matters concerning collection, and reduction or exemption of the river occupation fees pursuant to the provisions of Articles 37 of the River Act, and collection, reduction or exemption of occupation fees and usage fees of public waters pursuant to the provisions of Article 9 (1) of the Public Waters Management Act shall apply from the time the permission for aggregate collection pursuant to the provisions of Article 22 is granted, notwithstanding the provisions of Article 23 (1) 4 or 5. [This Article Newly Inserted by Act No. 7307, Dec. 31, 2004] Article 35 Deleted. Article 36 (Expropriation and Use)

(1) In the case of collecting aggregate for a public project applicable to any of the subsections of Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, where it is necessary in order to collect aggregate within an aggregate collection complex designated under the provisions of Article 34, the land (including earth and rocks, sand and gravel), buildings or articles affixed to such land located within the said aggregate collection complex (including land, buildings or articles affixed to such land outside the aggregate collection complex, if necessary for construction of railroads, tracks, roads or any other means of transporting the aggregate collected within the aggregate collection complex), or the rights other than the ownership established on the land, buildings or articles, which are needed for the installation of the aggregate collection facilities, aggregate storing facilities or other facilities prescribed by the Presidential Decree, may be expropriated or used. (2) Excluding the cases where there are special provisions in this Act, the provisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis to the expropriation or use of land pursuant to the provisions of section (1). In this case, the application for the adjudication pursuant to the same Act shall be filed within the management period of the relevant aggregate collection complex pursuant to the provisions of Article 34-2 (2). (3) When the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor applies mutatis mutandis in accordance with the provisions of section (2), the approval for the complex management plan pursuant to the provisions of Article 34-2(2) and the public announcement of the complex management plan pursuant to the provisions of section (5) of the same Article shall be deemed as the project approval pursuant to the provisions of Article 20 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and the public announcement of the project approval pursuant to the provisions of Article 22 of the said Act, respectively. Article 37 (Expropriation and Use in Stone Collection Complexes) (1) Any stone collection complexes designated under the provisions of Article 29 (1) of the Management of Mountainous Districts Act shall be regarded as aggregate collection complexes pursuant to the provisions of Article 34 (1), and therefore the provisions of Article 36 shall apply.

(2) In the case of section (1), the term "management period of the aggregate collection complex pursuant to the provisions of Article 34-2 (2)" in the latter part of Article 36 (2) shall be deemed the "stone collection period pursuant to the provisions of Article 30 of the Management of Mountainous Districts Act", the term "approval for the complex management plan pursuant to the provisions of Article 34-2 (2)" in Article 36(3) shall be deemed as the "designation of the stone collection complex pursuant to the provisions of Article 29 (1) of the Management of Mountainous Districts Act" and the term "public announcement of the complex management plan pursuant to the provisions of section (5) of the same Article" in Article 36 (3) shall be deemed as the "public announcement of the designation of the stone collection complex pursuant to the provisions of Article 29 (5) of the Management of Mountainous Districts Act", respectively.

CHAPTER VI AGGREGATE ASSOCIATIONS

Article 38 (Establishment of Aggregate Associations) (1) Aggregate collection business operators may establish an Aggregate Association (hereinafter referred to as the "Association") to promote the enhancement of aggregate collection technology and the sound development of the aggregate collection business.

(2) The Association shall be a juristic person.

(3) The Association shall come into existence by effecting registration at the place of its main office.

(4) Any aggregate collection business operator may become a member of the Association under the conditions as prescribed by the articles of association.

Article 39 (Approval, etc. of Establishment)

(1) In order to establish the Association, not less than 50 aggregate collection business operators shall be the promoters of the establishment and draft the articles of the association, and have the said articles pass through the inaugural general meeting of the Association, and finally, have it authorized by the Minister.

(2) When the Minister has authorized it pursuant to the provisions of section (1), the Minister shall publicly announce thereof.

Article 40 (Mutual-Aid Projects)

(1) The Association may carry on a mutual-aid project by obtaining permission from the Minister under the conditions as prescribed in the Presidential Decree.

(2) Matters necessary for the contents and operation of a mutual-aid project pursuant to the provisions of section (1) shall be determined by the articles of association and approved by the Minister of Construction and Transportation.

(3) Where the Minister intends to grant permission on a mutual-aid project under the provisions of section (1), he/she shall have prior consultation with the Financial Services Commission on the necessity of permission for the mutual-aid project, such as whether or not it is difficult for an insurance company pursuant to the provisions of Article 4 of the Insurance Business Act to operate the mutual-aid project, etc.

(4) When the Minister approves the articles of association under the provisions of section (2) or determines the standards for supervision of mutual-aid projects, he/she shall have prior consultation with the Financial Services Commission.

(5) The Minister may request the Governor of the Financial Supervisory Service under the Act on the Establishment, etc. of Financial Services Commission to inspect a mutual-aid project as set forth in the provisions of section (1).

[This Article Newly Inserted by Act No. 6851, Dec. 30, 2002] Articles 41 and 42 Deleted Article 43 (Guidance and Supervision)

Where it is necessary for the guidance of and supervision of the Association, the Minister may order the Association to make a report on its business affairs, to submit materials thereon, or other necessary matters.

Article 44 (Mutatis Mutandis Application of Civil Act )

Excluding the matters prescribed by this Act in respect to the Association, the provisions concerning the incorporated association of the Civil Act shall apply mutatis mutandis.

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 45 (Succession to Legal Effects of Dispositions, etc.) Dispositions and other administrative measures taken towards an aggregate collection business operator in accordance with this Act or an order under this Act shall have the same legal effect to the successors of the said aggregate collection business operator Article 46 (Report)

The Minister may have the Mayor/Do governor file a report on the current condition of the registration of aggregate collection business operators and that of collecting aggregate, etc. Article 47 (Access, etc. of Other's Land)

(1) A person who conducts a survey of aggregate resources under this Act, where it is necessary for the purpose of survey or measurement, may be granted access to the land of others, or may temporarily use such land as a yard for storing materials or as a temporary road, or, in the case where it is particularly necessary, may alter or remove bamboos and trees, earth and rocks or other obstacles.

(2) When a person intends to have access to the other's land under the conditions as prescribed in section (1), he/she shall notify the owner, occupant or manager of the said land of the relevant time and date and place not later than seven days prior to the date of the access to the said land.

(3) In the event that a person has to temporarily use the other's land as a yard for storing materials or as a temporary road, or to alter or remove bamboos and trees, earth and rocks or other obstacles, under the conditions as prescribed in the provisions of section (1), he/she shall obtain the consent of the owner, occupant or manager of the said land: Provided, That this shall not apply to the case where the said consent cannot be obtained due to reasons such as the address or the place of residence of the owner, occupant or manager of the land is unknown, and under such circumstances, the permission of the head of the city/Gun/Gu has been obtained instead.

(4) No one shall gain access to the others' land surrounded by a wall, or fence, before sunrise or after sunset, without the consent of the occupant or manager of such land (5) A person intending to perform the activities pursuant to the provisions of section (1) shall carry a voucher indicating his/her authority or a certificate of permission pursuant to the provisions of section (3), and show them to the related persons. (6) In the event that where there is a person who has suffered from loss due to the activities pursuant to the provisions of section (1), the person who performed such activities shall compensate for the loss.

Article 47-2 (Hearing)

Where the head of the city/Gun/Gu intends to make a disposition applicable to any of the following subsections, he/she shall hold a hearing:

1. Cancellation of registration of an aggregate collecting business under the provisions of Article 19 (1); and

2. Cancellation of permission for collecting aggregate under the provisions of Article 31. [This Article Newly Inserted by Act No. 5453, Dec. 13, 1997] Article 48 (Delegation and Entrustment of Authorities )

(1) Part of the authorities of the Minister under this Act, may be delegated to the Mayor/Do governor, the head of the city/Gun/Gu or the head of the agency belonging to his/her Ministry under the conditions as prescribed by the Presidential Decree. (2) Part of the affairs belonging to the Minister or the head of the city/Gun/Gu under this Act may be entrusted to the Association, the complex manager according to Article 34 (1) 3, and other relevant agencies under the conditions as prescribed by the Presidential Decree.

CHAPTER VIII PENAL PROVISIONS

Article 49 (Penal Provisions)

A person who applies to any of the following subsections shall be punished by imprisonment not exceeding three years or by fine not exceeding ten million won:

1. A person who has operated the aggregate collecting business without having registered it in violation of the provisions of Article 14 (1);

2. A person who registered the aggregate collection business pursuant to the provisions of Article 14 (1) by fraud or other illegal means;

3. A person who has collected aggregate without having obtained the necessary permission in violation of Article 22 (1);

4. A person who has obtained permission for collecting aggregate pursuant to the provisions of Article 22 (1), by fraud or other illegal means;

5. A person who has collected aggregate by changing the permitted contents without obtaining the approval of the said change in violation of the provisions of the text of Article 25; and

6. A person who has collected aggregate in a manner different from the contents of the permission in violation of the provisions of Article 26 (1). Article 50 (Penal Provisions)

A person who applies to any of the following subsections shall be punished by imprisonment not exceeding one year or by fine not exceeding five million won:

1. and 2. Deleted;

3. A person who has collected aggregate in the aggregate collection area of which the remainder of the quantity of aggregate permitted to be collected is not less than 20 percent of the quantity of aggregate permitted to be collected, in violation of the provisions of Article 20 (2);

4. Deleted;

5. A person who has violated the order pursuant to the provisions of Article 30; and

6. A person who has screened, washed, or crushed aggregate without filing a report or alteration report pursuant to the provisions of Article 32 (1) or (2). Article 51 (Joint Penal Provisions)

If a representative of a juristic person, or an agent, a servant or any other employee of a juristic person or individual commits any offense applicable to Article 49 or 50 in connection with the affairs of the said juristic person or an individual, the respective juristic person or individual shall be subject to fine prescribed by each of the relevant Articles in addition to the punishment of the offender.

Article 52 Deleted. ADDENDA (Track Transportation Act) Article 1 (Enforcement Date)

This Act shall take effect on the day six months after its promulgation. Article 2 through 6 Omitted.

Article 7 (Amendment of Other Acts)

(1) Part of the Aggregate Collection Act shall be amended as follows: The term "track and cable way" in Article 36 (1) shall be changed to "track". (2) through (11) Omitted.

Article 8 Omitted.