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ACT ON DAM CONSTRUCTION AND ASSISTANCE, ETC. TO NEIGHBORHOOD AREA

[Enforcement on Dec. 10, 2009] [Act No. 9758, Jun. 9, 2009, Amendment of other laws and regulations]

Ministry of Land, Transport and Maritime Affairs (Water Resource Development Division) 02-2110-8415

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the development of the national economy through the rational development and utilization of water resources by providing for the construction and management of dams, the reuse of construction costs, environment countermeasures according to the construction of dams and assistance to the residents of areas adjacent to dams.

Article 2 (Definitions)

The definition of terms used in this Act shall be as follows.

1. The term "dam" means a structure having a height of 15 meters or higher which blocks a river stream to utilize the stored water for tap water, industrial water, farming water, environmental improvement water, power generation, flood control, cargo shipment and other purposes (hereinafter referred to as the "specific purpose"), and it shall include the spillways, auxiliary dams and other facilities or structures which function en bloc with the relevant dam and effect its full utility.

2. The term "multipurpose dam" means a dam which is constructed by the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the "Minister") to be used for not less than two specific purposes (excluding any facility and structure used exclusively for the specific purpose).

3. The term "dam usage rights" means the right to use a certain quantity of water from a multipurpose dam for specific purposes by securing it in a certain area.

4. The term "person migrating from a submerged area" means a person who is to lose his/her living basis due to the implementation of dam construction projects, and who is subject to the countermeasures for migrations as prescribed in Article 78 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Article 3 (Scope of Applications)

This Act shall apply to any multipurpose dam, and dams constructed by persons falling under each of the following subparagraphs in order to supply tap water and industrial water, or for the purpose of flood control. Provided, that the provisions of Article 4 shall apply to all types of dams.

1. The Minister;

2. Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor and Special Autonomous Do governor (hereinafter referred to as the "Mayor/Do governor"); and

3. Other persons as prescribed by the Presidential Decree. CHAPTER II CONSTRUCTION AND MANAGEMENT OF DAMS

SECTION 1 Construction of Dams

Article 4 (Long-Term Plans for Dam Construction)

(1) The Minister shall establish a long-term plan for dam construction every ten years in order to develop water resources efficiently and environment-friendly, which includes matters falling under each of the following subparagraphs.

1. Basic principle for dam construction;

2. Prospects of the supply and demand of water for various purposes;

3. Dam construction plans by water system (a dam for agricultural purpose shall be limited to those with storing capacity of not less than 10 million tons);

4. Plans for procuring financial resources;

5. Standards for selecting a dam construction site;

6. Measures to minimize the environmental impact of dam construction; and

7. Other matters as prescribed by the Presidential Decree. (2) The Minister shall, where intending to establish a long-term plan for dam construction under paragraph (1), ask in advance the heads of central administrative agencies concerned to establish and furnish their respective long-term plans for dam construction. (3) When the Minister intends to formulate a long-term plan for dam construction under paragraph (1), he/she shall go through a deliberation by the Central River Management Committee as prescribed in Article 60 of the Rivers Act, after hearing the opinions of the competent Mayor/Do governor and after holding a consultation with the heads of the related central administrative agencies. In this case, the matters concerning the dams that have gone through deliberation of the Electric Source Development Project Promotion Committee as prescribed in Article 4 of the Act on Special Cases concerning Electric Source Development shall be excluded from the matters for deliberation.

(4) The Minister shall examine every five years whether or not the long-term plan for dam construction is compatible with its propriety, and reflect the results therefrom to the long-term plan for dam construction.

(5) Provisions of paragraph (3) shall apply mutatis mutandis to alterations of the long- term plan for dam construction. Provided, that the same shall not apply to the minor matters as prescribed by the Presidential Decree.

(6) When the Minister has established or altered a long-term plan for dam construction as prescribed in paragraphs (1) and (5), he/she shall promptly notify the heads of the central administrative agencies concerned and the competent Mayor/Do governor thereof.

Article 5 Deleted. Article 6 Deleted. Article 7 (Basic Plans)

(1) An implementer of a dam construction project shall establish a basic plan for dam construction (hereinafter referred to as the "basic plan") which includes matters falling under each of the following subparagraphs.

1. Objective of the construction;

2. Title of a project, and location and size of a place for project implementation;

3. Scale and type;

4. Quantity of the stored water, and matters concerning the distribution by use of such stored water;

5. Name or title of a person scheduled to be granted dam usage rights (hereinafter referred to as the "person to be granted dam usage rights"), and the contents of dam usage rights;

6. Dam construction costs (including expenses required for the maintenance and improvement of neighborhoods adjacent to dams which are borne by the implementer of dam construction project under Article 42) and the contents of responsibilities thereof;

7. Implementer of a dam construction project;

8. Project period;

9. If there are lands or buildings to be expropriated or used and other goods or rights, details thereof;

10. Damages on environments expected to result f rom the dam construction, and matters concerning the measures for reducing them and for preserving water quality;

11. Matters concerning the project capable of contributing to the social, cultural and economic development of neighborhoods adjacent to the dam, and the project for promoting the usefulness of a dam; and

12. Other principal matters concerning the dam construction. (2) An implementer of a dam construction project who is not the Minister or the Mayor/Do governor shall, when intending to establish a basic plan under paragraph (1), obtain permission from the Minister. (3) The Minister or the Mayor/Do governor shall, when intending to establish a basic plan or grant permission under paragraph (1) or (2), consult in advance with the heads of the administrative agencies concerned, and seek the opinions from a person to be granted dam usage rights. (4) The Minister or the Mayor/Do governor shall, when he/she has established a basic plan or granted permission, announce it as prescribed by the Presidential Decree.

(5) The provisions of paragraphs (1) through (4) shall apply mutatis mutandis to the alteration of basic plans (excluding an alteration of minor matters as prescribed by the Presidential Decree) or the abolition thereof.

Article 8 (Implementation Plan)

(1) An implementer of a dam construction project shall establish an implementation plan with regard to the dam construction (hereinafter referred to as the "implementation plan") as prescribed by the Presidential Decree, after establishing a basic plan. (2) An implementer of a dam construction project who is neither the Minister nor the Mayor/Do governor shall, when intending to establish an implementation plan, obtain approval from the Minister. (3) The Minister or the Mayor/Do governor shall, when he/she has established an implementation plan or granted approval under paragraph (1) or (2), promptly announce the contents thereof, and notify thereof to the heads of administrative agencies concerned and a person to be granted dam usage rights.

(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to the alteration of an implementation plan (excluding an alteration of minor matters as prescribed by the Presidential Decree), or the abolition thereof. Article 9 (Legal Fiction of Authorization and Permission, etc. under Other Acts) (1) When the Minister or the Mayor/Do governor has established, altered, or approved an implementation plan under Article 8 (1) or (2), the permission, report, cancellation, consultation, approval, authorization or designation, etc. falling under each of the following subparagraphs (hereinafter referred to as the "authorization or permission, etc.") shall be deemed to have been made, and when an implementation plan has been published under Article 8 (3), the announcement or public notice of the authorization or permission, etc. falling under each of the following subparagraphs shall be deemed to have been made.

1. Permission for occupancy and use of public waters under Article 5 of the Public Waters Management Act;

2. Permission for or consultation on the diversion of farmland under Article 34 of the Farmland Act;

3. Permission for or report on the diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for gathering earth and stones (limited to building stones) under Article 25 of the same Act, and permission for and report on the cutting of standing timber under Articles 36 (1) and (4) and 45 (1) and (2) of the Creation and Management of Forest Resources Act;

4. Permission for deforestation under Article 14 of the Work against Land Erosion or Collapse Act, and the cancellation of designation of an erosion control area under Article 20 of the same Act;

5. Permission for reburials of a grave as prescribed in Article 23 (1) of the Funeral Services, etc. Act;

6. Consultation on or approval of matters to be permitted by the management agency under Article 6 of the River Act, permission for implementation of a river work under Article 30 of the same Act, permission for the occupancy of a river under Article 33 of the same Act and permission for use of river water under Article 50 of the same Act;

7. Approval of the structure for public sewerage (limited to excreta treatment facilities) under Article 11 of the Sewerage Act;

8. Approval of or report on the structure of waste treatment facilities under Article 29 of the Wastes Control Act;

9. Permission for the implementation of a road work under Article 34 of the Road Act, and permission for the occupancy of a road under Article 40 of the same Act;

10. Permission for the implementation of a public sewerage work under Article 16 of the Sewerage Act, and permission for the occupancy under Article 24 of the same Act;

11. License for reclamation under Article 9 of the Public Waters Reclamation Act, and authorization for the implementation plan under Article 15 of the same Act;

12. Permission for opening a private road under Article 4 of the Private Road Act;

13. Permission for occupancy and use under Article 23 of the Natural Parks Act;

14. Permission for the creation of a grassland under Article 5 of the Grassland Act, and permission for the diversion of a grassland under Article 23 of the same Act;

15. Consultations, etc. on matters to be permitted by an administrative agency under Article 13 of the Protection of Military Structures Act;

16. Approval of uses of an agricultural infrastructure other than its objectives under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

17. Decision on the urban management plans under Article 30 of the National Land Planning and Utilization Act (limited to the facilities under subparagraph 6 of Article 2 of the same Act), permission for the development activities under Article 56 of the same Act, designation of the implementer of an urban planning facilities project under Article 86 of the same Act, and authorization for an implementation plan under Article 88 of the same Act; and

18. Permission for occupancy under Article 14 of the Small River Maintenance Act; and (2) When the Minister or the Mayor/Do governor intends to establish, alter or approve an implementation plan which includes the contents falling under any subparagraph of paragraph (1), he/she shall consult in advance with the heads of the administrative agencies concerned. In this case, the heads of the administrative agencies in receipt of a request for such consultations shall provide their opinions within 30 days from the date when such a request is received. Article 10 (Access to Land, Etc.)

(1) When an implementer of a dam construction project is in need of an examination or survey for a dam construction or if necessary for such dam construction, he/she may enter or temporarily use the other person's lands and, if especially necessary, may alter or remove the bamboos, trees, earth, stones and other obstacles therein. (2) When an implementer of a dam construction project intends to enter another person's lands under paragraph (1), he/she shall notify the relevant date and place to the owner, occupant, or manager of the relevant land not later than three days prior to the date when intending to enter. In this case, an implementer of a dam construction project who is not an administrative agency shall obtain in advance permission from the head of the City (referring to Special Autonomous Do governor for special Autonomous Do; hereinafter the same shall be applied)/Gun/autonomous Gu (hereinafter referred to as the "head of the City/Gun/Gu").

(3) When an implementer of a dam construction project intends to alter or remove bamboos, trees, earth, stones and other obstacles under paragraph (1), he/she shall obtain consent from the owner, occupant or manager of such obstacles. (4) When an implementer of a dam construction project is unable to obtain consent under paragraph (3) from the owner, occupant or manager of the obstacles due to an obscurity of the address or residence of such owner, occupant or manager, he/she may alter or remove such obstacles after filing notice thereof with the head of the City/Gun/Gu. Provided, that where the implementer of a dam construction project is not an administrative agency, he/she shall obtain permission therefor in advance from the head of the City/Gun/Gu.

(5) A person who intends to alter or remove the obstacles pursuant to paragraph (3) shall notify to the owner, occupant or manger of the obstacles not later than three days prior to the date of intending to alter or remove such obstacles. Provided, that the same shall not apply to the case of paragraph (4).

(6) No one shall enter the building sites or other person's lands girded by walls or fences, without consent of the land occupant before sunrise or after sunset. (7) The land occupant shall not obstruct or refuse the acts of an implementer of a dam construction project under paragraph (1), without any justifiable reasons. (8) A person who intends to perform the acts under paragraph (1) shall carry a certificate showing his/her identity, and present it to the persons concerned as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

(9) An implementer of a dam construction project shall, where any person has suffered losses arising from the acts under paragraph (1), compensate such loss. (10) With respect to compensation for losses under paragraph (9), an implementer of a dam construction project and the person suffering from such loss shall reach an agreement through consultations.

(11) An implementer of a dam construction project or a person suffering from such loss may, in the case that they fail to reach an agreement under paragraph (9) or are unable to hold such consultations, request the competent Land Expropriation Committee for adjudication.

Article 11 (Expropriation and Use of Land, etc.)

(1) An implementer of a dam construction project may expropriate or use any land, buildings and other articles attached to the land, rights other than ownership, mining rights, fishing rights, and rights for water use (hereinafter referred to as the "land, etc."), which are required for such dam construction. (2) In applying the provisions of paragraph (1), where a basic plan is announced under Article 7 (4), a project approval and publication of such project approval under Articles 20 (1) and 22 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall be deemed to have been made, and an application for adjudication shall be filed within a period of project as prescribed in a basic plan, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the same Act.

(3) The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis to the expropriation and use of the land, etc. under paragraph (1), unless otherwise provided for in this Act.

Article 12 (Announcement of Completion of Dam Construction) (1) The Minister or the Mayor/Do governor shall, when the construction of a dam is completed, promptly announce matters falling under each of the following subparagraphs.

1. Purport that a dam construction has been completed;

2. River area under subparagraph 2 of Article 2 of the River Act among the areas for a dam construction; and

3. Purport that the relevant dam is the river facility under the subparagraph 3 of Article 2 of the River Act.

(2) An implementer of a dam construction project who is not the Minister or the Mayor/Do governor shall, when he/she has completed a dam construction, promptly file an application for authorization for the completion of construction with the Minister as prescribed by the Presidential Decree, and the Minister shall, where deemed that the dam has been constructed as determined by an implementation plan, deliver a certificate of authorization for work completion, and announce matters of each subparagraph of paragraph (1). (3) When an announcement under paragraph (1) or (2) is made, consent under the proviso of each item of subparagraph 3 of Article 2 of the River Act shall be deemed to have been obtained, and a decision and announcement of a river area under Article 10 (3) of the River Act shall be deemed to have been made.

(4) When an announcement under paragraph (1) or (2) is made, a completion inspection or a completion authorization of the relevant work or project according to an authorization or permission, etc. as fictionized under Article 9 (1) as well as an announcement thereof shall be deemed to have been made. Article 13 (Reversion of Public Facilities, etc.) (1) Where an implementer of a dam construction project installs, through his/her dam construction project, new public facilities or other public facilities to substitute the existing public facilities, the previous public facilities shall revert without compensation to the implementer of dam construction project, and the new public facilities shall revert without compensation to the State or a local government in charge of managing the relevant public facilities, notwithstanding the provisions of the State Properties Act and the Local Finance Act.

(2) When the Minister or the Mayor/Do governor intends to establish, alter or approve an implementation plan which includes matters relating to the reversion of the public facilities under paragraph (1), he/she shall hear in advance the opinions of a management agency of such public facilities. Provided, that when the management agency has yet to be designated, he/she shall hear the opinions of a management agency, after such management agency is designated, and prior to granting a completion authorization. (3) An implementer of a dam construction project shall notify the relevant management agency of the kinds and details of public facilities to revert to himself and the State or a local government prior to the completion of dam construction, and the relevant public facilities shall revert to each person prescribed in paragraph (1) respectively on the date when the completion of a dam construction is announced under Article 12. (4) In registering the public facilities and lands under paragraphs (1) through (3), the announcement of the implementation plan under the provisions of Article 8 and the announcement of completion of a dam construction under Article 12 shall substitute the document attesting a cause of registration under Article 40 of the Registration of Real Estate Act.

(5) The scope of public facilities under paragraphs (1) through (4) shall be prescribed by the Presidential Decree.

Article 14 (Disposal of State and Public Property) (1) Any property owned by the State or a local government in a project implementation area may be rented or transferred by a private contract to an implementer of a dam construction project, notwithstanding the provisions of the State Properties Act or the Local Finance Act. (2) The Minister or the Mayor/Do governor shall, when intending to establish, alter or approve an implementation plan which includes matters related to the disposal of State and public properties under paragraph (1), consult in advance with the management agency in charge of such properties. (3) Among the State properties to be rented or transferred to an implementer of a dam construction project under paragraph (1), the Minister of Strategy and Finance shall be deemed the management agency, with respect to any property for which the competent management agency is unclear. SECTION 2 Management of Dams

Article 15 (Dam Management Agency and Entrusted Dam Manager) (1) The Minister shall manage dams. Provided, that the dams constructed by the Mayor/Do governor shall be managed by the relevant Mayor/Do governor.

(2) The Minister or the Mayor/Do governor who manages dams under paragraph (1) (hereinafter referred to as the "dam management agency") may, where deemed necessary for managing such dams, entrust the dam management to a person granted the right to use a dam (hereinafter referred to as the "person holding a dam usage rights") or a government-invested institution performing the business of constructing and managing dams. (3) Necessary matters for the entrustment of dam management under paragraph (2) shall be prescribed by the Presidential Decree.

Article 16 (Basic Principle of Dam Management)

In managing dams, the propriety shall be ensured so as to enhance the public interest by storing water in dams, to take heed to remove or minimize damages, and not to infringe upon dam usage rights.

Article 17 (Dam Management Regulations)

(1) The dam management agency shall set forth a regulation for dam management according to the basic principles of dam management under Article 16, as prescribed by the Presidential Decree.

(2) A person entrusted with dam management under Article 15 (2) (hereinafter referred to as the "person entrusted with dam management") shall set forth a regulation for dam management, and obtain approval thereof from the dam management agency. The same shall also apply to the case where he/she intends to alter a regulation for dam management.

(3) The dam management agency shall, when it sets forth or approves a regulation for dam management under paragraph (1) or (2), consult in advance with the head of the related central administrative agency, and hear the opinions of a person to be granted dam usage rights or a person holding the rights for dam use. The same shall also apply to a case where it intends to alter a regulation for dam management. (4) The dam management agency may, where deemed necessary for efficient management of water resources, order a person entrusted with dam management to alter a regulation for dam management under paragraph (2), or have him/her file a report necessary for dam management, or give instructions thereof. Article 18 (Measures to Prevent Dangers)

The dam management agency or a person entrusted with dam management shall, where deemed that a discharge of stored water in a dam will result in considerable changes in the downstream, notify in advance the relevant Mayor/Do governor as prescribed by the Presidential Decree, in order to prevent the dangers due to such discharge, and take necessary measures for making such dangers known to the public. Article 18-2 (Project for Management of Dams)

The dam management agency or a person entrusted with dam management may, where deemed necessary for ensuring the propriety of dam management, implement the projects falling under each of the following subparagraphs as prescribed by the Presidential Decree.

1. Project for a removal or mitigation of flooding damages or traffic inconveniences, etc. that are caused by dams;

2. Project for an increase of usefulness of dams, such as establishment of a rest space and athletic facilities.

[This Article Newly Inserted by Act No. 7158, Jan. 29, 2004] SECTION 3 Special Cases for Construction and Management of Multi-purpose Dams Article 19 (Person to be Granted Right for Dam Use) (1) A person to be granted dam usage rights shall be one who has filed an application for establishment of dam usage rights, and who satisfies the requirements of Article 25. (2) A successor, a corporation incorporated by merger, and a general successor to the person to be granted dam usage rights, shall succeed the status under this Act when held by such a person.

Article 20 (Bearing of Multipurpose Dam Construction Costs) (1) A person to be granted dam usage rights shall bear the cost computed as prescribed by the Presidential Decree, among the construction costs of a multi-purpose dam. (2) The cost to be borne under paragraph (1) shall be computed taking into account the amount falling under each of the following subparagraphs.

1. An estimated investment amount computed from the usefulness which is obtained by using the stored water in a multi-purpose dam for the purpose for which dam usage rights are to be established; and

2. An estimated cost amount necessary for a setup of structures having the same usefulness as the structures exclusively used for the purpose for which dam usage rights are to be established.

(3) An amount computed by deducting the cost to be borne under paragraph (1) from the construction costs for a multi-purpose dam shall be borne by the National Treasury. (4) The Sate shall, when a person to be granted dam usage rights is not given dam usage rights, refund the cost paid by such person under paragraph (1). Provided, that such refund may be suspended until a new person to be granted dam usage rights is decided, except for a case where the basic plan is abolished. (5) The State shall, where it suspends the refund of costs under the proviso of paragraph (4), pay the interest as prescribed by the Presidential Decree during the period of suspension.

(6) Necessary matters for the scope of costs required for the construction of a multi- purpose dam, the method of paying the cost to be borne, the deadline for such payment, and the refund of the cost to be borne, etc. shall be prescribed by the Presidential Decree.

Article 21 (Preceding Investment by State)

The Minister may, when there is a need for flood control and other special needs, construct a multi-purpose dam without designating a person to be granted dam usage rights. In this case, the provisions concerning a person to be granted dam usage rights or a person holding dam usage rights shall be applied from the time when such person is designated. Article 22 (Bearing of Costs by Local Governments) The Minister may have a local government, which receives significant benefits due to the construction of the relevant dam (excluding a local government having jurisdiction over the dam construction area), bear a part of the costs to be borne by the National Treasury pursuant to Article 20 (3) among the costs required for the construction of a multi- purpose dam, as prescribed by the Presidential Decree.

Article 23 (Shared Amount by Beneficiaries)

(1) The Minister may, where there a person who receives significant benefits due to the construction of a multi-purpose dam, have such person bear a part of the costs required for the construction of the relevant multi-purpose dam, within the limit of his/her respective benefits. (2) Necessary matters for the scope of persons to bear the shared amount under paragraph (1) and the computation and collection methods of shared amounts shall be prescribed by the Presidential Decree.

Article 24 (Establishment of Right for Dam Use)

(1) The Minister shall, upon request from a person who intends to use the stored water in a multi-purpose dam for a specific purpose, establish a right to use such dam.

(2) The Minister shall, where he/she establishes a right to use a dam under paragraph (1), clarify matters falling under each of the following subparagraphs.

1. Objective of establishment; and

2. Maximum and minimum water level and quantity of stored water to be secured by the establishment of dam usage rights.

(3) Matters of subparagraph 2 of paragraph (2) shall be prescribed so as to have the relevant dam exhibit its utility without any problems. (4) The Minister shall, when he/she has announced the completion of dam construction under Article 12, promptly establish a right to use such dam, for a person to be granted dam usage rights. (5) A person to be granted a dam usage rights may use the stored water in a multi- purpose dam for a specific purpose, after obtaining permission from the Minister even if its prior to the establishment of rights to use a dam under paragraph (1).

Article 25 (Requirements for Establishment of Right for Dam Use) The Minister shall, only where an applicant satisfies requirements falling under any of the following subparagraphs, establish a right to use a dam for him/her.

1. Where the use of stored water in a multi-purpose dam for the purpose of establishing a right to use a dam is in conformity with the basic plan; and

2. Where permission or authorization, etc. required for running a business which uses the stored water in a multi-purpose dam is obtained.

Article 26 (Restrictions on River Occupancy for Specific Purpose) A person who intends to use the stored water in a multi-purpose dam for a specific purpose shall obtain permission for river occupancy under Article 33 of the River Act and permission for using river water under Article 50 of the same Act, and establish dam usage rights under Article 24. Article 27 (Rejection of Establishment of Right for Dam Use) (1) The Minister may reject establishment of dam usage rights to a person who is not designated as a person to be granted dam usage rights in the basic plan.

(2) The Minister shall reject establishment of dam usage rights to a person to be granted dam usage rights in the event that he/she falls under any of the following subparagraphs.

1. Where he/she fails to conform with the requirements of Article 25; and

2. Where he/she fails to pay the shared amount under Article 20 (1). Article 28 (Area to Secure Stored Water)

An area in which the stored water is to be secured by dam usage rights shall be such area surrounded by the line which is formed by contact of the maximum water level of stored water under subparagraph 2 of Article 24 (2) to the land. Article 29 (Nature of Right for Dam Use)

Dam usage rights shall be deemed to be a property right, and the provisions concerning the real estate shall apply mutatis mutandis to dam usage rights, unless otherwise provided in this Act.

Article 30 (Restrictions on Disposal of Right for Dam Use) (1) Dam usage rights shall not be a subject matter of other rights than a succession, a merger of corporations and other general successions, a transfer, a disposition taken against arrears, a compulsory execution, and a mortgage. (2) Dam usage rights for which a mortgage is registered shall not be divided or merged, and its purpose of creation shall not be altered or waived without the consent of the mortgagee.

Article 31 (Revocation Etc. Against Right for Dam Use )

(1) The Minister shall, where he/she cancels in whole or in part the permission for river occupancy under Article 33 of the River Act or permission for using river water under Article 50 of the same Act against a person holding dam usage rights and he/she is unable to recognize the occupancy of river water as in the past with respect to other persons than those holding dam usage rights, take the disposition of revocation or alteration corresponding thereto against dam usage rights.

(2) The Minister may, where he/she cancels in whole or in part the permission for river occupancy under Article 33 of the River Act or permission for using river water under Article 50 of the same Act against a person holding dam usage rights and there exists a need to recognize anew the occupancy of river water to other persons than one holding dam usage rights, order the relevant holder of dam usage rights, by fixing a considerable period of time, to transfer in whole or in part his/her right for dam use to other persons.

(3) In the case where a person holding dam usage rights fails to transfer in whole or in part his/her right for dam use to other persons within the specified period under paragraph (2), the Minister may, only where a person other than one holding dam usage rights is deemed eligible for obtaining permission for river occupancy and permission for river water use with the same contents as a permission for river occupancy granted to a person holding dam usage rights, take a disposition to revoke in whole or in part the relevant dam usage rights.

(4) Where the Minister deems it difficult to maintain the rights for dam use as it is in the cases falling under each of the following subparagraphs, he/she may take dispositions of revocation or alteration against the dam usage rights. In this case, he/she shall hear in advance the opinions from the holders of rights to use the dam.

1. Where the quantity of water-storage has been changed due to reasons such as expansion or reconstruction of dams; and

2. Where the status of utilization etc. of the water-storage in dams are changed. (5) Where the Minister takes dispositions of revocation or alteration against the right for dam use as prescribed in paragraph (4), he/she shall alter matters concerning the distribution of water-storage by usages among the announced basic plans as prescribed in Article 7 (4) and make an announcement thereof.

Article 32 (Registration)

(1) Dam usage rights and the creation, alteration, transfer, extinction and restrictions on disposals, of a mortgage with a subject-matter of a dam usage rights, shall be null and void unless they are registered in the registration ledger of rights to use the dam which is kept by the Ministry of Land, Transport and Maritime Affairs.

(2) Necessary matters for the registration of dam usage rights and of any mortgage created in regards to dam usage rights shall be prescribed by the Presidential Decree. Article 33 (Fees)

A person holding dam usage rights shall, except for the case where his/her dam usage rights is established under Article 24 (4), pay the fees computed as prescribed by the Presidential Decree to the National Treasury. In this case, in computing such fees, the estimated investment amount computed under subparagraph 1 of Article 20 (2) shall be taken into account.

Article 34 (Refund of Shared Amount, etc)

(1) The State shall, when taking a disposition to revoke or alter dam usage rights under Article 31, refund a part of the shared amount paid under Article 20 (1) or of the fees paid under Article 33.

(2) The amount to be refunded under paragraph (1) shall be computed in the same manner as that for computing the relevant shared amount or the fees, and the amount to be refunded to a person who established his/her dam usage rights under Article 24 (1) shall not exceed the amount calculated by deducting the depreciation amount computed as prescribed by the Presidential Decree from the shared amount under Article 20 (1).

(3) The State shall, where a mortgage is registered on dam usage rights which have been extinguished by a disposition of revocation or alteration under Article 31, deposit a refund payment under paragraph (1), except for the case of acquiring consent by a mortgagee. In this case, such mortgagee of dam usage rights may exercise his/her right on the refund payment deposited.

Article 35 (Collection, Etc. of Fees)

(1) A person holding dam usage rights or a person to be granted dam usage rights may collect fees from a person who uses the stored water in the relevant dam. Provided, that the same shall not apply to the case of using the river water by obtaining permission for the occupancy of such river under Article 50 of the River Act prior to the construction of such dam. (2) The fees under paragraph (1) shall be determined by taking into account the quantity of water used by a person using the stored water in a dam, within the limit of the shared amount under Article 20 (1) or the paid amount under Article 33 by a person holding dam usage rights or a person to be granted dam usage rights. (3) A person holding dam usage rights or a person to be granted dam usage rights shall, where intending to collect the fees under paragraph (1), set forth a computation manner, method and period of collection, and obtain in advance permission thereof from the Minister. Article 36 (Bearing of Expenses for Management of Multi-Purpose Dam) (1) Expenses required for maintenance, repair and other management of multi-purpose dams shall be borne by the National Treasury, a person holding dam usage rights or a person entrusted with dam management. In this case, the expenses to be borne by a person entrusted with dam management shall be within the limit of revenue accruing from the entrusted management of the relevant dam. (2) Necessary matters for the bearing of expenses under paragraph (1) shall be prescribed by the Presidential Decree.

Article 37 (Compulsory Collection of Shared Amount, Etc.) (1) The Minister shall, where there exists a person who fails to pay the shared amount or the fees falling under each of the following subparagraphs, fix a payment period and urge payment in writing.

1. Shared amount under Article 20 (1);

2. Shared amount by beneficiaries under Article 23;

3. Fees under Article 33; and

4. Shared amount by a person holding dam usage rights under Article 36. (2) The Minister may, where a person urged under paragraph (1) fails to pay the shared amount or fees by a specified period, collect them according to the example of taking a disposition to collect national taxes in arrears.

(3) A right to collect the shared amount and fees under paragraph (1) shall be extinguished by statute of limitation when it has not been exercised for five years. Article 38 (Recognition of Multi-purpose Dam, Etc.) (1) The Minister may, with respect to a dam constructed by a person other than himself/herself that is deemed a multi-purpose dam with considerable usefulness, consult with a person who has constructed such dam, and properly compensate him/her, and make the relevant dam as a multi-purpose dam under this Act. In this case, the Minister may establish dam usage rights to a person who has constructed the relevant dam as prescribed by the Presidential Decree.

(2) Where the Minister has made a dam that is not a multi-purpose dam as a multi- purpose dam under paragraph (1), he/she shall promptly announce the matters falling under each of the following subparagraphs as prescribed by the Presidential Decree.

1. Reasons for recognition of the multi-purpose dam;

2. Matters falling under subparagraphs 2 through 4 of Article 7 (1); and

3. Matters concerning compensation to the builders of relevant dams. (3) With respect to a dam constructed by a person other than the Minister which is deemed a multi-purpose dam with considerable usefulness, the State may provide subsidies or arrange the loans for a person constructing the relevant dam to cover part of the costs required for such construction.

(4) The Minister may, where providing subsidies or arranging the loans under paragraph (3), give instructions required for construction of the relevant dam to a person benefiting from such subsidies or loans, or have him/her check the facilities of the relevant dam, which is the object of the construction, or make a report thereon. CHAPTER III SUPPORT FOR RESIDENTS OF DAM CONSTRUCTION AREA Article 39 (Support for Unsettled Persons Etc. into Resettlement Lands )

An implementer of a dam construction project may, as prescribed by the Presidential Decree, support a person who fails to migrate to resettlement lands and other persons as prescribed by the Presidential Decree, among the persons migrating from the area to be submerged, taking into account loss of hometown and living basis, etc. due to the dam construction. [Wholly Amended by Act No. 6587, Dec. 31, 2001]

Article 40 (Support for Persons Migrating from Area to be Submerged) (1) The Minister may, where deemed necessary to create a living basis such as new construction of housing so as to assist persons migrating from the area to be submerged migrate and settle in smoothly to their new area of residence, support them preferentially with the National Housing Fund pursuant to the Housing Act. (2) An implementer of a dam construction project may, where deemed necessary to create a living basis for the persons migrating from the area to be submerged, request the Minister for preferential support with the National Housing Fund pursuant to the Housing Act.

(3) The head of a local government having jurisdiction over a dam construction area or an area to benefit from water supplies due to the respective dam construction, and a person scheduled to be entrusted with dam management, may take necessary measures for supporting the livelihood of persons migrating from the area to be submerged, such as conducting a vocational training program, as prescribed by the Presidential Decree. Article 41 (Consolidation Projects for Area Adjacent to Dams) (1) The head of the City/Gun/Gu having jurisdiction over areas adjacent to a dam which exceeds the standards as prescribed by the Presidential Decree shall undertake a consolidation project (hereinafter referred to as the "consolidation project for areas adjacent to a dam") during a dam construction period in order to promote the economy and improve the living environment of relevant areas adjacent to dams, paying the dues in regard to the changes in given conditions from construction of relevant dam. (2) When the basic plan for a dam corresponding to the standards of paragraph (1) is announced, the Mayor/Do governor having jurisdiction over an area where an intrinsic entity of a dam is located shall promptly establish a plan for the consolidation project for areas adjacent to the dam, and obtain approval from the Minister. Provided, that in the case of the dam constructed by the Mayor/Do governor, an approval from the Minister shall not be required. (3) The Mayor/Do governor shall, when intending to establish a plan for a consolidation project for areas adjacent to a dam under paragraph (2), consult with the implementer of the dam construction project and the head of the competent City/Gun/Gu. (4) Necessary matters for the scope of areas adjacent to a dam under paragraph (1) and the specific details of projects to be executed as a consolidation project for areas adjacent to a dam shall be prescribed by the Presidential Decree. Article 42 (Financial Resources for Consolidation Projects for Areas Adjacent to Dam) (1) A consolidation project for areas adjacent to a dam shall be executed within the limit of the standard amount including additional amounts, as computed by the method prescribed by the Presidential Decree, taking account of the basic amount of 30 billion won and reservoir area, total volume of reservoir, submerged households and demands for development pursuant to the local features, etc.

(2) Financial resources required for the consolidation project for areas adjacent to a dam shall be borne by the implementer of a dam construction project and the head of the competent City/Gun/Gu.

(3) Necessary matters for the specific standards for bearing financial resources required for the consolidation project for areas adjacent to a dam under paragraph (2) and their management shall be prescribed by the Presidential Decree. Article 43 (Support Project for Areas adjacent to Dam) (1) A dam management agency or a person entrusted with the dam management shall establish a plan for the support project of areas adjacent to a dam (hereinafter referred to as the "plan for the support project of areas adjacent to a dam ") every year as prescribed by the Presidential Decree, after the completion of a dam construction, in order to increase the income of residents in dam environs and to promote the welfare as prescribed by the Presidential Decree. (2) A dam management agency or a person entrusted with the dam management shall, where intending to establish a plan for the support project for areas adjacent to a dam under paragraph (1), consult in advance with the head of the City/Gun/Gu having jurisdiction over the dam environs.

(3) A person entrusted with the dam management shall, when establishing the plan for support projects for dam environs under paragraph (1), furnish such plan to the dam management agency.

(4) The support project for areas adjacent to a dam shall be executed by a person falling under each of the following subparagraphs, as prescribed by the Presidential Decree:

1. A dam management agency or a person entrusted with the dam management; and

2. The head of the City/Gun/Gu having jurisdiction over the dam environs. (5) The scope of areas for which a plan for support project of areas adjacent to a dam under paragraph (1) is to be established, shall be prescribed by the Presidential Decree. Article 44 (Financial Resources for Support Project of Areas Adjacent to Dam) (1) Financial resources required for the support project for areas adjacent to a dam shall be raised with the funds falling under each of the following subparagraphs. Provided, that the contributions falling under subparagraphs 1 and 2 shall be limited to the dams subject to the support project for dam environs under the provisions of Article 43.

1. Contributions by a dam management agency or a person holding dam usage rights;

2. Contributions by a tap water business operator from the dams for living and industrial water;

3. Loans; and

4. Revenues accruing from the operation of raised funds. (2) A dam management agency, a person holding dam usage rights or a tap water business operator from the dams for living and industrial water shall pay the amount of the ratio falling under each of the following subparagraphs as contributions under subparagraphs 1 and 2 of paragraph (1).

1. Not more than 6/100 of revenues from the sale of power during the year before last year; and

2. Not more than 20/100 of the amount that derives from multiplying the quantity of tap and industrial water sold during the year before last year by a unit price of dam water, which is set by the Korea Water Resources Corporation, during the year before last year.

(3) Financial resources raised under paragraph (1) for the support project of areas adjacent to a dam shall be managed by a dam management agency or a person entrusted with the dam management. In this case, a dam management agency or a person entrusted with the dam management shall manage the financial resources for support projects of dam environs under paragraph (1) by dividing them as a separate account.

Article 44-2 (Creation of Environment-Friendly Space in Areas Adjacent to Dams) (1) The head of the City/Gun/Gu having jurisdiction over areas adjacent to multi- purpose dams under Articles 41 and 43 may, as prescribed by the Presidential Decree, execute the projects to create spaces for recreation, culture, leisure activities, etc. (hereinafter referred to as the "environment-friendly space"), such as nature learning places, ecology parks, and aquatic physical facilities taking advantage of lakes of dam or the neighboring scenery, in order to ensure the development of areas adjacent to a dam, within the scope that is harmless to the gross amount of management of pollution under the relevant Acts, such as the Water Quality Conservation Act.

(2) The head of the City/Gun/Gu shall, where intending to execute projects to create an environment-friendly space in the areas adjacent to a dam under paragraph (1), consult in advance with the dam management agency.

[This Article Newly Inserted by Act No. 6587, Dec. 31, 2001] Article 44-3 (Preferential Installment of Public Facilities, etc. )

The head of the central administrative agency and the head of the competent City/Gun/Gu may preferentially execute the installment of public facilities such as roads, bridges and tap water, and other projects as prescribed by the Presidential Decree, in order to develop the economy in areas adjacent to a dam and to improve living environments. [This Article Newly Inserted by Act No. 6587, Dec. 31, 2001] Article 44-4 (Installation of Public Sewerage)

(1) Where deemed necessary for implementation of the details of agreement as prescribed in Articles 17 through 22 of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. (including the details of re-agreement as prescribed in Article 21 of the same Act and the scheme for mitigating impacts as prescribed in Article 22 of the same Act), the implementer of a dam construction project may obtain an entrustment of installation of public sewerage from the Public Sewerage Management Agency as prescribed in Article 74 (3) of the Sewerage Act, and install it during the dam construction period.

(2) Persons falling under each of the following subparagraphs may bear all or part of the local costs among the expenses required for installing public sewerage as prescribed in paragraph (1):

1. In the case of multi-purpose dams, persons to be granted dam usage rights to utilize the water-storage of dams for living and industrial water; and

2. In the case of dams for living and industrial water, the tap water business operator. [This Article Newly Inserted by Act No. 7158, Jan. 29, 2004] SECTION 4 SUPPLEMENTARY PROVISIONS

Article 45 (Authority of Minister, Etc. ) (1) When the basic plan for a dam construction is announced, the dispositions, etc. falling under each of the following subparagraphs in the project implementation area and in the river area published under Article 12 (1) and (2) shall be taken by the Minister, notwithstanding the provisions of the River Act and the Aggregate Collection Act. Provided, that in the case of a dam to be constructed by the Mayor/Do governor, the relevant Mayor/Do governor execute it, and where a dam management is entrusted under Article 15 (2), the dispositions, etc. belonging within the scope of such entrustment shall be executed by a person entrusted with dam management as prescribed by the Presidential Decree.

1. Permission for the implementation of a work by a person who is not a management agency under Article 30 of the River Act, permission for river occupancy under Article 33 of the same Act, and permission for river water use under Article 50 of the same Act;

2. Receipt of a report on the transfer of rights and obligations under Article 5 of the River Act to a person granted permission under subparagraph 1; 2-2. Designation of the areas in which fishing activities such as camping or cooking and by using bait made of paste and fish meal, etc. that may pollute the river as prescribed under subparagraph 6 of Article 46 of the River Act;

3. Permission for picking aggregates under Article 22 of the Aggregate Collection Act; and

4. Dispositions under the following items relating to dispositions etc. under subparagraphs 1 through 3:

(a) Disposition taken to cancel permission or suspend a work, etc. under Article 69 or 70 of the River Act; and

(b) Revocation of permission for picking aggregates or suspension of picking aggregates under Article 31 of the Aggregate Collection Act, and orders such as to restore it to its original state under Article 33 of the same Act.

(2) The Minister, the Mayor/Do governor or a person entrusted with the dam management shall, where intending to take the dispositions under paragraph (1), consult in advance with the heads of the administrative agencies concerned. (3) The Minister or the Mayor/Do governor shall, where intending to take dispositions under paragraph (1), hear in advance the opinions of a person entrusted with the dam management.

(4) A person entrusted with the dam management may, notwithstanding the provisions of Article 37 (1) through (4) of the River Act, collect the occupancy fees or the use fees from a person granted permission under subparagraphs 1 through 3 of paragraph (1), and allocate them for management expenses.

Article 46 (Relation with River Act ) The River Act shall apply to the matters necessary for construction and management of a dam, unless otherwise provided for in this Act.

Article 47 (Hearings)

A dam management agency shall, when intending to take the dispositions falling under each of the following sub-paragraphs, hold hearings:

1. Orders to transfer dam usage rights under Article 31 (2); and

2. Revocation of a permission under subparagraph 4 of Article 45 (1). Article 48 (Delegation of Authority)

The Minister may delegate part of his/her authority under this Act to the heads of agencies belonging to him/her or the Mayor/Do governor as prescribed by the Presidential Decree. CHAPTER IV PENAL PROVISIONS

Article 49 (Penal Provisions)

Officers and employees of a person entrusted with the dam management who has caused damages to the public or impeded upon flood control in contravention of Article 18 shall be punished by imprisonment for not more than five years or by a fine not exceeding thirty million won.

Article 50 Deleted. Article 51 (Penal Provisions)

A person other than administrative agencies, who has performed the acts under Article 10 (1) without obtaining permission or consent under paragraphs (2) through (4) of the same Article shall be punished by imprisonment for not more than six months or by a fine not exceeding three million won.

[Wholly Amended by Act No. 9597, Apr. 1, 2009]

Article 52 (Joint Penal Provisions)

In the event that the representative of a corporation or the agent, servant or employee of a corporation or an individual performs an act of violation under Articles 49 or 51 in regards to the business of such corporation or individual, the corporation or the individual shall be fined according to the corresponding Article in addition to the punishment of the actor. Provided, that the same shall not apply to the case where the corporation or the individual has paid considerable attention and supervision on the task concerned in order to prevent the act of violation concerned. [Wholly Amended by Act No. 9597, Apr. 1, 2009]

Article 53 (Fine for Negligence)

(1) A person who has hindered or refused the act under Article 10 (1) without proper reasons shall be imposed by a fine for negligence not exceeding three million won. (2) A fine for negligence under the paragraph (1) shall be imposed and collected by the Minister as prescribed by the Presidential Decree. [This Article Newly Inserted by Act No. 9597, Apr. 1, 2009] ADDENDA (Rearrangement of Agricultural and Fishing Villages Act)

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 through Article 21 Omitted.

Article 22 (Amendment of Other Laws and Regulations) (1) Through (13) Omitted.

(14) Part of the Act on Construction of Dams and Assistance, Etc. to Their Neighborhood Areas shall be amended as follows.

"Agricultural infrastructure under the provisions of Article 22 of the Rearrangement of Agricultural and Fishing Villages Act" among subparagraph 16 of Article 9 (1) shall be amended to "Agricultural production infrastructure under the provisions of Article 23 of the Rearrangement of Agricultural and Fishing Villages Act" (15) Through (53) Omitted.

Article 23 Omitted.