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Laws of the Republic of Korea |
[Enforcement: Jan. 1, 2009] [Presidential Decree No. 21231, Dec. 31, 2008, Amendments of other laws and regulations]
(Logistics Facilities and Information Division) Ministry of Land, Transportation, and Maritime Affairs, Telephone: 02-2110-6358
Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Distribution Facilities Development and Operation Act and matters necessary for the enforcement thereof.
Article 2 (Sizes, etc. of Processing and Assembly Facilities)
"Processing and assembly facilities not larger than the sizes as
designated by
Presidential Decree" in the proviso of Subsection 2, Article 2 of the Distribution
Facilities Development and Operation
Act, (hereinafter referred to as the "Act"), mean
processing and assembly facilities of which the total floor area is less than
a quarter of
the total floor area of the distribution terminal.
"Other facilities equipped with distribution functions and designated
by
Presidential Decree" in (i), Subsection 7, Article 2 of the Act mean facilities of the
following subsections:
1. Bonded warehouses under the Customs Act;
2. Facilities for marine product processing businesses, (facilities only for freezing
and refrigeration businesses), under Article
19 of the Marine Products Quality Control
Act;
3. Cargo handling, storage, and processing facilities in the harbor area under
Subsection 6, Article 2 of the Harbor Act;
4. Facilities for cargo transport, and incidental and support facilities in the airport
area under Subsection 6, Article 2 of the
Aviation Act;
5. Cargo transport, handling, and storage facilities used by railroad businesses for
their operations under Subsection 8, Article
2 of the Railroad Enterprise Act;
6. Other facilities equipped with functions prescribed by Ordinance of the Ministry
of Land, Transportation, and Maritime Affairs.
"Processing and manufacturing facilities designated by Presidential Decree" in
(a) of Subsection 8, Article 2 of the Act mean facilities
falling under any of the
following subsections:
1. Processed goods production factories under Article 5 of the Act for Agricultural
Products Processing Industry Development;
2. Agricultural and fishery products distribution center, (including general stock
farm product treatment facilities that perform
butchery, processing, storage, etc. of stock
farm products), in the producing area under Article 51 of the Act on the Distribution
and Price Stabilization of Agricultural and Fishery Products;
3. Factories under Subsection 1, Article 2 of the Industrial Cluster Development and
Factory Establishment Act;
4. Marine processed goods production factories under Article 17 of the Fishery
Products Quality Control Act and facilities, (facilities
for freezing and refrigeration
businesses and marine product processing facilities on shipboards are excluded), for
marine product
processing businesses under Article 19 of the same Act; and
5. Other manufacturing and processing facilities designated by Ordinance of the
Ministry of Land, Transportation, and Maritime Affairs.
"Other facilities designated by Presidential Decree to improve the performance
of the distribution complex" in (e) of Subsection
8, Article 2 of the Act mean facilities
falling under any of the following subsections:
1. Cultural and assembly facilities under Subsection 5, Table 1 of the Enforcement
Decree of the Building Act;
2. Facilities to treat waste coming from occupied companies and support agencies;
and
3. Other facilities prescribed by Ordinance of the Ministry of Land, Transportation,
and Maritime Affairs to improve the performance
of the distribution complex.
Chapter 2 Establishment of a General Distribution Facilities Development Plan
Article 3 (Establishment
of a General Distribution Facilities Development Plan)
"Other matters designated by Presidential Decree" in Subsection 10, Section
3,
Article 4 of the Act mean matters relating to infrastructure, including water, energy,
communications, etc.
"The amendments of details designated by Presidential Decree" in the latter part
of Section 1, Article 5 of the Act mean the amendment
of demand and supply plans for
the distribution facilities exceeding ten hundredths (10/100) of the distribution facility
site
for each distribution facility.
When the head of the central administrative agency concerned requests of the
Minister of Land, Transportation, and Maritime Affairs,
(hereinafter referred to as the
"Minister"), an alteration of the General Distribution Facilities Development Plan in
accordance
with Section 3, Article 5 of the Act, it shall submit to the Minister
documents relating to matters pertaining to the following
subsections: 1. Current situations about the distribution facilities;
2. Plans for financing and investment; and
3. Other matters prescribed by Ordinance of the Minster of Land, Transportation,
and Maritime Affairs.
When the Minister requests data or cooperation deemed necessary for the
establishment or alteration of the General Distribution
Facilities Development Plan in
accordance with Section 3, Article 5 of the Act, it shall make clear the content of the
data or
cooperation and the period for the submission thereof.
Chapter 3 Distribution Terminal Business
Article 4 (Registration of Composite Distribution Terminal Business)
"Public agencies designated by Presidential Decree" in Subsection
2, Section 2,
Article 7 of the Act mean agencies pertaining to the following subsections:
1. Korea Railroad Corporation under the Korea Railroad Corporation Act;
2. Korea Land Corporation under the Korea Land Corporation Act;
3. Korea Expressway Corporation under the Korea Expressway Corporation Act;
4. Korea National Housing Corporation under the Korea National Housing
Corporation Act;
5. Korea Water Resources Corporation under the Korea Water Resources
Corporation Act;
6. Korea Rural Community Corporation under the Korea Rural Community
Corporation Act; and
7. Korea Harbor Corporation under the Korea Harbor Corporation Act.
"Details prescribed by Presidential Decree" in Section 3, Article
7 of the Act
mean matters other than any of the following subsections:
1. Alterations of the area of composite distribution terminal sites, (only the
alteration of an area not exceeding one tenth (1/10)
of the site without regard to the
times of alteration);
2. Alteration of construction or equipment of the composite distribution terminal;
and
3. Alteration of the name or location of the place of business.
Any person, (hereinafter referred to as the "Composite Distribution
Terminal
Business"), who has formed a registration as a composite distribution terminal business
in accordance with Section 1,
Article 7 of the Act shall present documents prescribed by
Ordinance of the Ministry of Land, Transportation, and Maritime Affairs
to the Minister
when making an application for alteration of the registered details under Section 3 of the
same Article.
"Details prescribed by Presidential Decree" that require authorization of the
alteration of a work plan in the latter part of Section
1, Article 9 of the Act mean any of
the following subsections:
1. Alteration of the work period;
2. Alteration of the area of the distribution terminal site (only the alteration of an
area exceeding one tenth (1/10) of the site);
3. Alteration of the total floor space, (the total area of all floors of a building; the
same applies hereinafter), of buildings
within a distribution terminal, (only the alteration
of an area exceeding one tenth (1/10) of the site); and
4. Alteration of public facilities within the distribution terminal, such as roads,
railroads, plazas, greenery, and other facilities
prescribed by Ordinance of the Ministry
of Land, Transportation, and Maritime Affairs.
Article 6 (Consultation regarding Disuse, etc.)
To request consultation with heads of administrative agencies relating to the
disuse and sale of State- or local government-owned
properties under the latter part of
Section 2, Article 13 of the Act, the Minister or mayor/Do governor shall attach
documents
of the following subsection: 1. Detailed statement of properties subject to consultation;
2. Documents showing details of consultations about disuse, sale, and appraisal
methods of properties;
3. Deleted 4. Deleted 5. Location drawing; and
6. Certificate of unregistered property (required only for unregistered properties).
Heads of administrative agencies consulted
pursuant to Section 1 shall confirm
all the administrative information of the following subsections through the public use of
administrative
information under Section 1, Article 21 of the e-Government Act:
1. Transcript of land (forest land) register;
2. Transcript of the register; and
3. Transcript of cadastral map.
The Minister of Strategy and Finance may have the properties managed or
disposed in accordance
with Section 4, Article 13 of the Act managed or disposed on
consignment in accordance with Section 3, Article 32 of the State Properties
Act.
Article 7 (Offenses, Surcharge Amount, etc.)
Offenses and surcharge amounts under Section 2, Article 18 of the Act are as
shown in Table 1.
The Minister may increase or reduce the surcharge amount under Section 1
considering the scale of the business, particularity of
the business area, extent and
frequency of the offense/s, and other circumstances within the limits of a half of the
amount. In
the case of being increased, the total surcharge amount shall not exceed ten
million won.
Where a surcharge is imposed under Article 7, the Minister shall investigate and
confirm the offense and notify the imposed of
the surcharge with a documentary
statement of the offense and the method and time limit for lodging objections.
Article 9 (Reminders and Collection of Surcharges)
The Minister shall send a reminder to the person notified of a surcharge under
Section 3, Article 18 of the Act within 7 days after the due date of payment when the
person has failed to pay the surcharge. In
this case, the time limit for payment shall not
exceed 10 days from the date the reminder was sent.
In the event that the person who has received the reminder under Section 1 fails
to pay the surcharge by the time limit, the Minister
may have his/her official forcibly
collect the surcharge following the example of a disposition of national taxes in arrears.
In
this case, the official shall carry a certificate proving his/her legal authority to present
to those persons concerned.
Article 10 (Establishment of Association)
In the event that distribution terminal businesses are intended to establish a
Distribution Terminal Business Association, (hereinafter
referred to as an
"Association"), under Article 19 of the Act, promoters consisting of 7 or more
businesses shall submit an application
for authorization on the establishment, attached
with documents of the following subsections, to the Minister after passing the
decision
at the inaugural meeting:
1. Articles of association;
2. List and resumes of promoters;
3. List of members;
4. Business plan, and revenue and expenditure plan; and
5. Minutes of the inaugural meeting.
Article 11 (Articles of Association)
Articles of Association shall include matters outlined in the following subsections:
1. Purpose;
2. Name;
3. Location of the office;
4. Matters relating to membership and the general meeting;
5. Matters relating to directors;
6. Matters relating to business activities;
7. Matters relating to budgeting and membership fees;
8. Matters relating to alterations of the Articles of Association;
9. Matters relating to dissolution; and
10. Matters relating to the method of announcements.
Article 12 (Business)
The Association shall conduct the business activities of the following subsections:
1. Pursuit of the sound development of the distribution terminal business and
common interests of the business entities;
2. Compilation and management of statistics necessary for the development of the
distribution terminal business, and collection,
investigation, and research of foreign
data;
3. Training and education of managers and employees;
4. Guidance on the improvement of the management in the distribution terminal
businesses;
5. Business activities consigned by the Minister; and
6. Business activities incidental to each of Subsections 1 to 5.
Chapter 4 Development and Operation of a Distribution Complex
Article
13 (Designation of a Distribution Complex)
"The size designated by Presidential Decree" in the provision of Section 1,
Article
22 of the Act means one million (1,000,000) sq. meters.
"The amendments of important matters designated by Presidential Decree"
in
the latter parts of Sections 2 and 3, Article 22 of the Act mean alterations of the
following subsections:
1. Alterations of the area designated for the distribution complex, (only an
amendment of an area exceeding one tenth (1/10) of the
total area);
2. Alterations of an area for the distribution complex facility sites, (only an
amendment of an area exceeding one tenth (1/10) of
the total area), or amendment of the
use of the area for the distribution complex facility sites;
3. Alterations of the infrastructure, (including drains), (only an amendment of an
area exceeding one tenth (1/10) of the total area),
or an amendment of the site for the
facilities hereof; or
4. Alterations of the distribution complex development project undertaker.
Article 14 (Application for Designation as Distribution
Complex)
When designating a distribution complex in accordance with Section 2 or 3,
Article 22 of the Act, the Minister or mayor/Do
governor, (hereinafter referred to as the
"Distribution Complex Designator"), shall designate a distribution complex only when
it conforms to the distribution complex development plans and Distribution Complex
Development Guidelines under Article 15.
Any person who intends to apply for a designation of a distribution complex
under Section 4, Article 22 of the Act shall submit
an application for designation,
attached with documents and drawings of each of the following subsections, to the
Distribution
Complex Designator:
1. Location drawing, and drawings showing arrangements and air views of facilities;
2. Documents showing the uses of land subject to designation;
3. Documents relating to the conditions of the location, including water, energy,
traffic, and communications;
4. Documents relating to plans for the disposition of developed land, facilities, etc.,
(disposition plans shall show location, area,
price determination method, qualifications
for and how to selected persons for supply, time, method, and conditions of supply, and
matters relating to lease and management. The same shall apply hereinafter.)
When an area for which an application for a designation
as a distribution
complex is deemed unsuitable to be so designated, the Distribution Complex Designator
shall notify the applicant
of the reason thereof.
"Other matters prescribed by Presidential Decree" in Subsection 9, Section 5,
Article 22 of the Act mean
matters of the following subsections:
1. Plans for supporting major facilities for distribution complex development; and
2. Plans for land substitution, where necessary.
Article 15 (Distribution Complex Development Guidelines)
In the event that it
is deemed necessary for the rational development of
distribution complex, the Minister shall prepare and announce the basic guidelines
of
distribution complex development, (hereinafter referred to as the "Distribution Complex
Development Guidelines"), in the official
gazette.
When preparing the Distribution Complex Development Guidelines, the
Minister shall hear opinions of the mayor/Do governor and have
consultations with all
central administrative agencies concerned, and pass the deliberations of the Distribution
Facilities Subcommittee
under Subsection 2, Section 1, Article 19 of the Basic
Distribution Act. The same shall apply to alterations of the Distribution
Complex
Development Guidelines, provided, however, that the same shall not apply to alterations
of trivial matters as prescribed
by Ordinance of the Ministry of Land, Transportation,
and Maritime Affairs.
The Distribution Complex Development Guidelines shall be prepared in such a
way as to ensure the reasonable apportionment of distribution
complex facilities land
among regions for balanced regional development.
Matters necessary for the writing of the Distribution Complex Development
Guidelines shall be designated by Ordinance of the Ministry
of Land, Transportation,
and Maritime Affairs.
Article 16 (Announcement of Distribution Complex Designation or Amendment)
"Matters prescribed by Presidential Decree" in Section
1, Article 23 of the Act
mean matters relating to the following subsections:
1. Name, location, and area of the distribution complex;
2. Purpose of the designation of the distribution complex;
3. Undertaker of the distribution complex development project;
4. Period and method for the development of the distribution complex;
5. Plans for land use and major basic facilities;
6. Business types for invitation and plans for their arrangement;
7. Particulars and owners of land, structures, or articles fixed on land and rights
other than ownership thereof, mining rights,
fishing rights, and water rights subject to
expropriation or use, where necessary, and name and address of persons concerned,
(hereinafter
referred to as "Land, etc."), under Subsection 5, Article 2 of the Act on the
Acquisition of Land, etc. for Public Works and Compensation
Thereof;
8. Support plans for major facilities for distribution complex development;
9. Plans for land restitution to former land owners;
10. Basic plans for public water reclamation under Articles 4 and 8 of the Public
Waters Reclamation Act;
11. Urban management plans under Article 30 of the National Land Planning and
Utilization Act;
12. Land shape drawings, etc. under Section 3, Article 8 of the Basic Act on
Regulations on Land Use; and
13. Methods for the public reading of relevant books.
Where matters under Subsections 3, 7, or 9, Section 1 are not decided at the
time
of distribution complex designation, such matters may be separately announced later
after their details are determined.
Where the mayor/Do governor has designated or altered a distribution complex
and announced matters under subsections of Section
1, it shall notify the Minister of any
details of such announcements without delay. 1. Alterations of the designated area for a distribution complex, (only alterations of
an area not exceeding one tenth (1/10) of
the site);
2. Alterations of the designated area for distribution complex facilities, (only
alterations of an area not exceeding one tenth (1/10)
of the site), or alterations of the
usage purpose of a distribution complex facilities site; and
3. Alterations of the area for infrastructure, (including drains), (only alterations of an
area not exceeding one tenth (1/10) of
the site), or alterations of the location of such the
facilities.
In case of intending to omit the process of hearing opinions of residents and
relevant experts, the Distribution Complex Designator
shall have consultations with the
heads of administrative agencies concerned in advance.
Article 18 (Acts Subject to Permission)
Acts that shall obtain permissions from the Head of the City/Gun/Gu under
Section 1, Article 25 of the Act are as per the following
subsections:
1. Construction, etc. of buildings: Construction, large-scale repair, or alteration of
the purpose of use of buildings, (including
temporary buildings), under Subsection 2,
Section 1, Article 2 of the Building Act;
2. Installation of structures: Installation of artificially made structures, (excluding
structures under Subsection 2, Section 1,
Article 2 of the Building Act);
3. Alterations of land shape and quality: Acts of altering land shapes by way of
cutting, raising, leveling, and/or paving the ground,
digging land, and/or the reclamation
of public waters;
4. Gathering of earth and rocks: Gathering of earth and rocks, such as earth, sand,
pebbles, and rocks. Subsection 3 shall apply,
however, to such acts for the purpose of
altering land shape and quality;
5. Division of land;
6. Piling up of articles: Piling up of articles that are difficult to move for in excess of
one month; and
7. Lumbering or planting of bamboo and trees.
In case of intending to give permission for actions under subsections of Section
1 in accordance with Section 1, Article 25 of the Act, and where the undertaker of the
distribution complex development project,
(hereinafter referred to as the "Undertaker"),
has already been designated, the Head of the City/Gun/Gu shall hear opinions of the
Undertaker in advance.
"Other actions prescribed by Presidential Decree" in Subsection 2, Section 2,
Article 25 of the Act mean actions falling under
any of the following subsections and
not falling under acts required for permission for development under Article 56 of the
Act
on National Land Planning and Utilization:
1. Installation of small-scale structures prescribed by Ordinance of the Ministry of
Land, Transportation, and Maritime Affairs for
direct use in the production of
agricultural and marine products;
2. Alterations of land shape and quality for farming;
3. Gathering of earth and rocks that does not cause impediments to the development
of the distribution complex and damage to natural
scenic beauty;
4. Piling up of articles on land decided for retention in the distribution complex; and
5. Temporary planting of bamboo and trees for decorative purposes, (excluding
temporary planting on farm land).
Any person seeking to submit a report under Section 3, Article 25 of the Act
shall submit the report to the Head of the City/Gun/Gu
concerned, attaching the
progress of, and implementation plans for, the work or project within 30 days from the
announcement of
distribution complex designation.
Article 19 (Cancellation of Distribution Complex Designation)
"The period prescribed by Presidential
Decree" in Section 1, Article 26 of the
Act means 5 years.
In case of intending to cancel a distribution complex designation in accordance
with Section 2, Article 26 of the Act, the Distribution
Complex Designator shall specify
matters relating to the following subsections and consult with the heads of
administrative agencies
concerned:
1. Reason for and particulars of cancellation; and
2. Matters relating to restitutions of the service area under Article 36 of the Act on
National Land Planning and Utilization.
In the event that a distribution complex designation has been cancelled in
accordance with Sections 1 and 2, Article 26 of the
Act, the Distribution Complex
Designator shall announce matters relating to the following subsections:
1. Name of the distribution complex;
2. Location and area of the distribution complex to be cancelled;
3. Reason for the cancellation of the distribution complex designation;
4. Whether the service area under Article 36 of the Act on National Land Planning
and Utilization is restituted or not; and
5. The method for the public reading of books concerned.
Article 20 (Undertaker)
The Distribution Complex Designator shall designate the Undertaker under
Section 1, Article 27 of the Act in consideration of the
feasibility of the project,
financing capacity, and relationship with development plans established in accordance
with other acts.
"Public agencies prescribed by Presidential Decree" in Subsection 2, Section 2,
Article 27 of the Act mean agencies of the following
subsections:
1. Korea Land Corporation under the Korea Land Corporation Act;
2. Korea Expressway Corporation under the Korea Expressway Corporation Act;
3. Korea National Housing Corporation under the Korea National Housing
Corporation Act;
4. Korea Water Resources Corporation under the Korea Water Resources
Corporation Act;
5. Korea Rural Community Corporation under the Korea Rural Community
Corporation Act; and
6. Korea Harbor Corporation under the Korea Harbor Corporation Act.
Any person who seeks to be designated as the undertaker under
Section 3,
Article 27 of the Act shall submit an application for designation of the undertaker with
the entry of details of the
following subsections to the Distribution Complex
Designator:
1. Name, (for corporations, names of the organization and representative), and
address of the person who seeks to implement the project;
2. Name and location of the distribution complex where the project is to be
implemented, and area for project implementation; and
3. The scheme of the project, including name, purpose, outline, implementation
period, and implementation method.
The application for designation of the undertaker shall be attached with
documents and drawings outlined in the following subsections:
1. Location drawing;
2. Business plan; and
3. Financing plan.
Article 21 (Vicarious Implementation of Development Project)
In the event that the simultaneous development
of site for distribution complex
facilities and construction of distribution complex facilities is deemed necessary or
where it
is deemed necessary for the smooth implementation of the distribution complex
development project, the Undertaker may have the occupied
companies concerned or
support agencies vicariously develop the land that they will use for their facilities in
accordance with
Section 5, Article 27 of the Act.
In case of intending to have the occupied companies or support agencies
vicariously implement
part of the distribution complex development project in
accordance with Section 5, Article 27 of the Act, the Undertaker shall form
a contract
thereof. In this case, the Undertaker shall submit a report about the vicarious
implementation of the distribution complex
development project, attached with a copy
of the contract, to the Distribution Complex Designator concerned within 14 days from
the date of the contract.
The Undertaker shall guide and supervise the vicarious undertaker with whom
he/she has made a contract in accordance with Section
2 to ensure the faithful
implementation of the project by the vicarious undertaker as contracted.
Article 22 (Approval of Implementation
Plan)
In case of intending to approve the distribution complex implementation plan,
(hereinafter referred to as the "Implementation Plan"),
under Section 1, Article 28 of the
Act, the Undertaker shall submit an application for approval of the Implementation Plan
with
an entry of the following details to the Distribution Complex Designator:
1. Name, (for corporations, names of the organization and representative), and
address of the Undertaker;
2. Name of the project;
3. Purpose of the project;
4. Location and area of the project;
5. Implementation method and period of the project;
6. Current status of land utilization in the region for the project implementation;
7. Plan for land utilization and basic facilities; and
8. Plan for attribution and management of public facilities.
The application for approval of the implementation plan under Section
1 shall be
attached with documents and drawings outlined in the following subsections:
1. Location drawing;
2. Drawing for land utilization made in conformity with the cadastral map;
3. Planning plane plan and execution drawings, (for a project including reclamation
of public waters, a written explanation of the
reclamation work under Section 1, Article
16 of the Enforcement Decree of the Public Waters Reclamation Act is added hereto.);
4. Project cost and financing plan, (including yearly investment plan);
5. Documents relating to the plan for the disposition of developed land and
facilities;
6. Particulars of existing distribution complex facilities or buildings retained in the
project area;
7. Documents relating to the purchasing or compensation of land, buildings, or
rights, and the settlement of residents of the project
area;
8. Particulars and owners of land, etc., if any, and names and addresses of persons
concerned under Section 5, Article 2 of the Act
on the Acquisition of Land for Public
Projects and Compensation Thereof;
9. Plans for gratuitous attribution of public facilities, land, etc.;
10. Relevant documents and drawings necessary for decisions about urban
management plans;
11. Documents for consultation about the utilization of the sea area under Article 8
of the Enforcement Decree of the Prevention
of Marine Pollution Act, (only for public
water reclamation projects);
12. For projects subject to environmental impact assessment under the
Environmental Impact Assessment Act or projects subject to
traffic impact analysis and
establishment of improvement measures under the Urban Traffic Improvement
Promotion Act, a written
environmental impact assessment or written traffic impact
analysis and establishment of improvement measures; and
13. Documents relating to the preservation of cultural properties.
"Important details prescribed by Presidential Decree" in the
latter part of Section
1, Article 28 of the Act mean matters other than each of the following subsections:
1. Alterations of the address of the Undertaker;
2. Alterations of the representative of an Undertaker that is a corporation;
3. Correction of the implementation area due to mistakes and other problems within
the range that do not influence the project implementation
area;
4. Alterations of the area for the implementation of projects in divisions within a
range that does not exceed the project implementation
area;
5. Reduction of the area within a range not exceeding ten hundredths (10/100) of the
project implementation area;
6. Increase or decrease of project costs within a range not exceeding ten hundredths
(10/100) of the project cost; or
7. Alterations of the site area as a result of a cadastral confirmation survey
conducted under Subsection 2, Article 41-3 of the
Cadastral Act.
Article 23 (Announcement of Approval of Implementation Plan)
Matters of the following subsections shall be announced
in accordance with Section 1,
Article 29 of the Act:
1. Name of the project;
2. Name of the Undertaker, (for corporations, names of the organization and
representative);
3. Purpose and summary of the project;
4. Location and area of the project implementation area;
5. Project implementation period, (including dates scheduled for the start and
completion of the work); and
6. Matters relating to urban planning facilities under subsections of Section 5,
Article 25 of the Enforcement Decree of the National
Land Planning and Utilization Act.
Article 24 (Implementation of a Distribution Complex Development Project on
Consignment)
"Public facilities prescribed by Presidential Decree" in Section 1, Article 31 of
the Act mean roads, water supply facilities,
railroads, utility-pipe conduits, waste water
final treatment facilities, waste treatment facilities, public energy supply facilities,
embankment, shore protection, breakwater, estuary dams, and green zones.
In case of intending to consign part of a distribution
complex development
project to the state, local governments, or public agencies in accordance with Section 1,
Article 31 of the
Act, the Undertaker shall consult with the consignee on matters
relating to the following subsections:
1. The area of the consigned project;
2. Type, scale, amount, and other details of the consigned project that can form
standards for work design;
3. Implementation period of the consigned project, (including dates scheduled for
the start and completion of the work);
4. Payment method of the cost for the consigned project and management of the
funds;
5. Matters relating to the management of real estate, machinery, materials, and
workers, if the consignor provides them;
6. Matters relating to risk bearing; and
7. Other matters necessary to make certain the consigned project is completed.
"Public agency as prescribed by Presidential Decree"
in Section 1, Article 31 of
the Act means agencies under subsections of Section 2, Article 20.
Article 25 (Land Restitution to
Land Owners)
Land owners to whom land can be restituted in accordance with Section 1,
Article 34 of the Act shall be land owners who intend
to construct distribution complex
facilities suitable for invited business types and who have land of an area exceeding the
minimum
supply area specified in the distribution complex development plan.
Any person who intends to have land restituted in accordance
with Section 1
shall submit an application for land restitution attached with a plan for distribution
complex facilities installation
to the Undertaker.
The application for land restitution under Section 2 shall be made within the
consultation period specified
in the announcement of compensation regarding the
distribution complex.
The Undertaker shall provide the methods and procedures for land restitution in
conformity with the standards outlined in the following
subsections:
1. Value of the existing land to be restituted shall be the compensation value
proposed by the Undertaker for consultation at the
time of the compensation
announcement and the value of restitution land shall be based on the selling price for the
distribution
complex facilities land;
2. The restitution area shall be determined based on the existing land area, but it
may be increased or decreased considering the
local conditions, and supply and demand
for a distribution complex;
3. Differences between the value of the existing land and the value for restitution
land shall be paid in cash.
Article 26 (Scope of Public Facilities)
Public facilities under Article 26 of the Act shall be facilities as per the following
subsections among public facilities under
Section 13, Article 2 of the National Land
Planning and Utilization:
1. Roads;
2. Parks;
3. Plazas;
4. Parking lots, (only those installed by the state or local governments);
5. Railroads;
6. Rivers;
7. Green areas;
8. Playing fields, (only those constructed by the state or local governments);
9. Public open areas;
10. Waterworks, (for waterworks constructed by Korea Water Resources
Corporation, pipelines only);
11. Sewerage;
12. Utility-pipe conduits;
13. Storing ponds; and
14. Ditches.
Article 27 (Construction Scope, Period, etc. of Electrical and Other Facilities)
The construction scope of electrical,
telecommunication, gas supply, and
regional heating facilities under Section 2, Article 38 of the Act shall be as per the
following
subsections:
1. Electrical facilities: Electrical facilities from the main facilities outside the
distribution complex to the border line of the
individual lot inside the distribution
complex joining with an urban planning road of over 6m by the land utilization plan,
(hereinafter
referred to as the "Individual Lot");
2. Telecommunication facilities: Duct lines from the main facilities outside the
distribution complex to the Individual Lot and cable
facilities from the main facilities
outside the distribution complex to the first terminal inside the distribution complex;
3. Gas supply facilities: Gas supply facilities from the main gas supply facilities
outside the distribution complex to the border
line of the Individual Lot inside the
distribution complex. In the event that the constant pressure control room is constructed
in the Individual Lot inside the distribution complex for the supply of gas for cooking or
individual heating, (excluding for a
regional concentration heating system), however,
gas supply facilities to the constant pressure control room;
4. Regional heating facilities: Heat pipelines from the diverging point of the main
heat pipeline outside the distribution complex
to the cutoff valve at the entrance of
machine rooms in the Individual Lot inside the distribution complex.
When approving the
implementation plan, the Distribution Complex Designator
shall notify the fact to the constructers of electrical, telecommunication,
gas supply, and
regional heating facilities under Section 2, Article 38 of the Act of the fact without
delay.
Unless there is special reason, the construction of facilities under Section 1 shall
be completed before the date of application
for authorization on construction
completion, (for any Undertaker that is the Distribution Complex Designator, the date
of completion
of the distribution complex development project), under Article 46 of the
Act.
Article 28 (Support for Cost or Loan)
Types of cost that the State or local government may subsidize or finance in accordance
with Section 1, Article 39 of the Act shall
be as per the following subsections:
1. Cost of the construction of the main road of the distribution complex;
2. Cost of construction of the green area of the distribution complex;
3. Cost of the settlement project;
4. Cost of the development and purchase of land for distribution complex facilities
and support facilities;
5. Cost of the construction of water supply facilities, sewage, and waste water final
treatment facilities; and
6. Cost of investigations relating to cultural properties.
Article 29 (Support for the Construction of Infrastructure)
The infrastructure
that the State or local government gives in support, in accordance
with Section 2, Article 39 shall be as per the following subsections:
1. Roads, railroads, and harbor facilities;
2. Water supply and communications facilities;
3. Sewage and waste treatment facilities;
4. Utility-pipeline conduits within the distribution complex;
5. Collective energy supply facilities; and
6. Other public facilities necessary for distribution complex development and
prescribed by Ordinance of the Ministry of Land, Transportation,
and Maritime Affairs.
Article 30 (Revenue Resources of Special Accounts for a Distribution Complex)
"The proportion prescribed
by Presidential Decree" in Subsection 6, Section 2, Article
40 of the Act means ten, (10) percent, provided, however, that, in the
event that the
municipal ordinance of the local government prescribes a proportion in excess of 10
percent, the proportion shall
mean a proportion of over 10 percent.
Article 31 (Purposes of Special Accounts for a Distribution Complex)
"Other matter prescribed
by Presidential Decree" in Subsection 7, Section 1, Article 41
of the Act mean the cost for the distribution complex development
project conducted by
local governments.
Article 32 (Operation and Management of Special Accounts for a Distribution
Complex)
The scope of support of special accounts for a distribution complex under
Article 41 of the Act shall be as provided by the following
subsections:
1. Cost of the following items for a project conducted by the head of the local
government:
a. Construction cost for distribution complex development project; and
b. Construction cost for urban planning facilities for a
distribution complex
development project under Subsection 10, Article 2 of the National Land Planning and
Utilization Act and costs
for compensation for private land.
2. Support not exceeding half the cost of the following items for work conducted by
persons other than in Subsection 1:
a. Cost for construction of urban planning facilities for a distribution complex
development project; and
b. Construction cost for urban planning facilities connected with a distribution
complex development project under Subsection 10,
Article 2 of the National Land
Planning and Utilization Act.
3. Cost for investigation and research under Subsection 4, Section 1, Article 41 of
the Act; and
4. Expenses under Subsection 6, Section 1, Article 41 of the Act.
The scope in which the special account for a distribution complex
development
under Article 41 of the Act can loan money shall be as provided for in the following
subsections:
1. Less than half the cost for an urban planning facilities project that the head of the
local government concerned conducts in connection
with a distribution complex
development project in accordance with Subsection 10, Article 2 of the National Land
Planning and Utilization
Act;
2. Less than one third (1/3) of the costs for projects of the following items
conducted by persons other than as under Subsection
1:
a. Cost for construction of urban planning facilities for a distribution complex
development project; and
b. Construction cost for an urban planning facilities project connected with a
distribution complex development project under Subsection
10, Article 2 of the
National Land Planning and Utilization Act.
Article 33 (Prepayment)
Any Undertaker who intend to receive prepayment, (hereinafter referred to as
the "Prepayment"), under Article 43 of the Act shall
obtain approval of the
implementation plan for the distribution complex concerned and meet the conditions
outlined in the following
subsections:
1. The Undertaker falling under Subsections 1 through 3, Section 2, Article 27 of the
Act: Ownership over land exceeding thirty hundredths
(30/100) of the area on which the
implementation plan has been approved shall be secured, and construction work for the
distribution
complex development project shall be commenced.
2. The Undertaker falling under Subsections 4 and 5, Section 2, Article 27 of the
Act: All requirements of the following items shall
be met:
a. The ownership of the land sold in lots shall be secured and the mortgage on
the land shall be cancelled. In the event
that the Undertaker has failed to secure
ownership of the land or failed to cancel a mortgage on the land for inevitable reasons,
the Undertaker, land owner, and the mortgagee shall notarize a joint agreement pursuant
to the following purposes and submit it
to the person who has the authority to approve
the Implementation Plan under Section 1, Article 28 of the Act:
(1) The land owner
shall neither assign the land to a third party nor offer the
land as security;
(2) In the event that any person who has paid the price under Article 43 of the
Act has obtained the authorization on completion
or permit for use prior to completion
authorization and intends to use the land, the land owner and the mortgagee shall assign
ownership and cancel the mortgage without delay.
b. The land sold shall have been developed by more than ten hundredths
(10/100) of the entire planned process;
c. The Undertaker shall submit a letter of guarantee, etc., (this refers to a letter
of guarantee, insurance policy, certificate
of time deposit, beneficiary certificate, etc. as
specified by subsections of Section 2, Article 37 of the Enforcement Decree of
the Act
on Contracts to Which the State is a Party), for the following purpose to the Distribution
Complex Designator as security
for a refund of the prepayment when he/she fails to
perform the agreement for sale in lots:
(1) The guaranteed or insured amount shall exceed the prepaid amount plus
the amount equivalent to the agreed interest for the guaranteed
or insured period, (the
amount calculated by the interest rate for a loan on a bill of commercial banks,
excluding local banks);
(2) The guarantee or insurance period shall commence prior to the receipt
date of prepayment and expire more than 30 days after
the date of completion. In the
event that the project period is extended, the Undertaker shall submit a letter of
guarantee, etc.
of which the guarantee or insurance period is the original guarantee or
insurance period plus the extended project period.
The
Undertaker shall not offer his/her developed land or facilities as security
after the receipt of prepayment under Section 1.
In the event that the Undertaker fails to conduct the project as provided for in the
agreement for sale in lots or is deemed incapable
of conducting the project, the
Distribution Complex Designator may use the letter of guarantee, etc. to get the
prepayment returned
before the distribution complex is completed.
Article 34 (Facilities Charge)
"Public facilities designated by Presidential Decree" in Section 1, Article 44 of
the Act mean facilities as per the following
subsections:
1. Access roads and main roads to the distribution complex;
2. Parks and green areas of the distribution complex, (only parks and green areas
decided as urban planning facilities);
3. Water supply facilities, sewage, telecommunication facilities, and waste treatment
facilities; and
4. Public facilities attributed to the state or local government gratuitously in
accordance with Article 36 of the Act.
The cost for the construction of public facilities under Section 1 shall be the sum
of land costs, land charges, development costs,
infrastructure construction costs, direct
labor costs, costs for settlement, selling expenses, administrative expenses, capital
cost,
and other costs calculated in accordance with standards specified in Section 3, Article
39.
In the event that there are two or more Undertakers to whom the provision of
Section 1, Article 44 of the Act is applied, the
cost for construction of public facilities in
the distribution complex shall be jointly shared among those Undertakers in proportion
to the usable area allotted to each of them among the total usable area, (including all
land areas for existing facilities), of
the distribution complex.
In the event that public facilities are constructed for the use of specific
Undertakers, the whole or
part of the construction costs may be shared among the
Undertakers who will use the public facilities considering location, construction
purpose,
usage conditions, and regional conditions, notwithstanding the provision of Section 3.
Facilities charges to be imposed
on owners of maintained facilities or persons
who buy land or facilities after development in accordance with Section 2, Article
44 of
the Act shall be calculated by multiplying the dividend of dividing the construction
costs of the public facilities by the
total area sold after development by the area owned
by the payer of the facilities charges. Facilities charges imposed on owners
of
maintained facilities, however, may be reduced by the cost of the facilities as designated
by Ordinance of the Ministry of Land,
Transportation, and Maritime Affairs.
Article 35 (Employment of Settlers)
Where it is deemed necessary for the stabilization of livelihood of settlers or
residents in neighborhoods in accordance with Section
2, Article 45 of the Act, the
Undertaker may make a list of positions sought for employment applications by local
companies and
ask the head of the employment agency, city, Gun, or Gu for job
placement assistance.
Upon receipt of the request for job placement under Section 1, the head of the
employment agency, city, Gun, or Gu shall take earnest
measures for job placement,
including a presentation of a list of wanted positions to job seekers and a list of
applicants to companies.
Article 36 (Authorization for Completion)
To obtain authorization for completion under Section 1, Article 46, the
Undertaker shall submit an application for authorization
for completion with the entry
of the following information to the Distribution Complex Designator concerned:
1. Name (for corporations, names of the organization and representative) and
address of Undertaker;
2. Name of the project;
3. Location and area of the project implementation district;
4. Project implementation period;
5. Land utilization plan; and
6. Plan for basic facilities.
The application for authorization for completion shall be attached with
documents and drawings as
per the following subsections:
1. Documents on completion design, (including pictures on completion);
2. Cadastral survey map issued by the head of the city, Gun, or Gu;
3. Report on the attribution of public facilities, land, etc. under Article 36 of the Act,
(for the Undertaker under Subsection 5,
Section 2, Article 27 of the Act, report on the
assessment of the appraiser for disused public facilities, land, etc., and a calculation
of
the cost of public facilities construction in accordance with the Public Notice of Values
and Appraisal of Real Estate Act are
included.);
4. Land restitution plan and comparison of the former and new cadastral maps, (only
in the case of restituting land in accordance
with Article 34 of the Act);
5. Statement of land to be acquired by the Undertaker and land, etc. to be attributed
to the state or local governments in accordance
with Article 26, Section 4 of Article 38
of the Public Waters Reclamation Act, and Article 20 of the Enforcement Decree of the
same Act, (only in cases of reclaiming public waters);
6. Drawings of land, facilities, etc. before and after completion;
7. Comparison table of land and facilities before and after completion; and
8. Documents with records relating to other matters necessary for completion
inspection.
Upon receipt of the application for authorization for completion, the Distribution
Complex Designator shall conduct an inspection
on completion and deliver the
certificate of authorization for completion when the work is deemed completed as
specified in the
implementation plan approved under Article 28 of the Act.
"Public agencies, research institutes, or other professional institutes
specified by
Presidential Decree" in the first part of Section 2, Article 46 of the Act mean agencies
outlined in the following
subsections:
1. Korea Land Corporation under the Korea Land Corporation Act;
2. Korea Expressway Corporation under the Korea Expressway Corporation Act;
3. Korea Rural Community Corporation under the Korea Rural Community
Corporation Act;
4. Korea Institute for Industrial Economics and Trade, Korea Maritime Institute,
Korea Transport Institute, Korea Rural Economic
Institute, and Korea Research Institute
for Human Settlements under the Act on the Establishment, Operation, and Fosterage of
Government-invested
Research Institutes, and the Korea Institute of Construction
Technology under the Act on the Establishment, Operation, and Fosterage
of
Government-invested Science and Technology Research Institutes;
5. Korea Water Resources Corporation under the Korea Water Resources
Corporation Act;
6. Korea National Housing Corporation under the Korea National Housing
Corporation Act; and
7. Korea Harbor Corporation under the Korea Harbor Corporation Act.
Matters to be announced in accordance with Section 3, Article
46 shall be as per
the following subsections:
1. Name of the project;
2. Name, (for corporations, names of the organization and representative) and
address;
3. Location and area of the project implementation district;
4. Date of authorization for completion; and
5. Plan for maintenance and disposition of public facilities, land, etc.
When obtaining authorization for completion under Section
3, the Undertaker
shall notify the managing agency of the distribution complex of matters relating to
Sections 1 and 2 within one
month from the date of completion authorization.
Article 37 (Permission for Use prior to Completion Authorization)
In case of
intending to use the developed land or constructed facilities before
obtaining completion authorization in accordance with the provision
of Section 5,
Article 46 of the Act, the Undertaker shall determine the scope and submit an
application for permission for use
before completion authorization, attached with a
report on the investigation relating to whether it would cause impediments to the
implementation of the distribution complex development project to the Distribution
Complex Designator or not. In the event that
there are state or public properties
included in the land or properties for which use permission is applied, the Undertaker
shall
obtain ownership over the properties in advance.
When receiving the application for permission to use before completion
authorization under Section 1, the Distribution Complex
Designator shall give
permission to use after carefully checking whether the use would cause impediments to
the implementation
of future distribution complex development projects.
When receiving the permission to use before completion authorization under
Section 2, the Undertaker shall allow the use of permitted land or facilities unless there
is special reason not to do so, if any
person applies for use of the land or facilities.
Article 38 (Announcement of Cancellation of Designation, Approval, and
Authorization)
Matters of the following subsections shall be announced in accordance with Section 2,
Article 48 of the Act:
1. Name of the project;
2. Name (for corporation, names of the corporation and the representative) and
address of the Undertaker;
3. Location and area of the project; and
4. Details of and reasons for the disposition.
Article 39 (Decision of Selling Price, etc.)
When the land and facilities developed by the Undertaker in accordance with
Section 1, Article 50 of the Act are sold in lots for
distribution complex facilities, the
selling price shall be the sum of the development cost and a reasonable profit. Where
the
Undertaker deems it necessary, however, the selling price may be lowered below
that level, (for public properties, the amount in
accordance with the Public Properties
and Goods Management Act).
The Undertaker may determine the selling price for land and facilities purposed
for selling businesses, (excluding the land and
facilities supplied to residents in
substitution for their land, etc. for their livelihood, considering their ownership status
and occupation), such as large stores or specialized arcades, through competitive
bidding, where the value appraised in accordance
with the Public Notice of Values and
Appraisal of Real Estate Act shall be considered the probable price.
The development cost
under Section 1 shall be the sum of the land price
calculated in accordance with the standards of Table 2, land charges, construction
costs,
infrastructure construction costs, direct labor costs, settling costs, selling expenses,
administrative expenses, capital
cost, and other expenses.
The reasonable profit under Section 1 shall be determined by the Undertaker
within a range not exceeding
five hundredths (5/100) of the development cost calculated
in accordance with Section 3 after subtracting capital cost, costs for
project vicarious
implementation under Section 5, Article 27 of the Act, and prepayment considering the
demand for the location
of the distribution complex and local conditions, including
considerations of the promotion of balanced development between regions.
In the event that land for distribution complex facilities was sold in lots before
completion authorization, settlement of the
selling price may be made later based on the
total cost invested in the distribution complex development project and a reasonable
profit after completion authorization.
In the settling of the selling price with a prepaid person under Section 5, the
amount equivalent to interest for a one-year time
deposit at commercial banks from the
date of payment to the settling date shall be deducted from the settling amount.
The selling
price for land and facilities supplied for purposes other than land for
distribution complex facilities under Section 1 shall be
determined on the basis of the
value appraised in accordance with the Public Notice of Values and Appraisal of Real
Estate Act,
and where deemed necessary, the Undertaker may sell them below the value,
(for public properties, the value in accordance with the
Public Properties and Goods
Management Act).
Article 40 (Standards for the Calculation of Rent)
When leasing the land, facilities, etc. developed as a distribution complex development
project in accordance with Section 1, Article 50 of the Act, the rent fee shall be
computed in accordance with the following standards,
(in the event that the Undertaker
deems it necessary, however, the rent fee may be below the level otherwise
determined): 1. The initial rent fee for land, facilities, etc.: The amount obtained by multiplying
the selling price calculated in accordance
with Article 39 by the rate of rent prescribed
by Ordinance of the Ministry of Land, Transportation, and Maritime Affairs;
2. Rent fees for extending lease owing to the expiry of a lease term and other
reasons: The amount obtained by multiplying the declared
individual land price
calculated in accordance with Article 11 of the Public Notice of Values and Appraisal of
Real Estate Act
by the rate of rent prescribed by Ordinance of the Ministry of Land,
Transportation, and Maritime Affairs.
Article 41 (Method, etc. of the Supply of Land, Facilities, etc.)
The Undertaker shall sell in lots or lease the land, facilities,
etc. developed as a
distribution complex development project for the purposes specified in the distribution
complex development
plan under Section 2 or 3, Article 22 of the Act, (this selling in
lots and lease hereinafter is referred to as "Supply"). In this
case, the Undertaker may
place restrictions on the qualifications of persons to whom the land, facilities, etc. may
be supplied
or may make conditions on the selling or leasing.
Supply under Section 1 shall be made by lot at a predetermined price. The
Supply
of land and facilities, (excluding land and facilities supplied to residents in
substitution for their previous land, etc. for their
livelihoods, considering their
ownership status and occupation), such as large stores or specialized arcades, however,
shall be
made in a competitive bidding process.
For the Supply of land, facilities, etc., the Undertaker shall announce matters of
the following subsections: This shall not apply,
however, to persons to whom land,
facilities, etc. are specifically supplied, and cases where the qualifications to apply for
Supply
is restricted, and so a notification has been individually made:
1. Name and address of the Undertaker, and name of the representative;
2. Location, area, and purpose of the use of the land, facilities, etc., (including
details of restrictions in the event that purposes
of use are restricted);
3. Methods and conditions of Supply;
4. Supply price or its determination method;
5. Qualifications for the applicants for Supply and how to select;
6. Period and place for the application for Supply; and
7. Other matters the Undertaker deems necessary to consider.
In case of falling under one of the following subsections, the Undertaker
may
supply land, facilities, etc. by a private contract notwithstanding Section 2: 1. In the event that land for public facilities, such as land for school buildings and
public office buildings, which may not be
sold to the general public, is supplied to a
person who is qualified to construct public facilities in accordance with laws or
ordinances of the state or local governments, or other related laws and ordinances;
2. In the event that land of the least area necessary for the maintenance of the
maintained structures in accordance with the implementation
plan announced under
Section 1, Article 29 of the Act is supplied;
3. In the event that land is supplied in compliance with standards specified by
Ordinance of the Ministry of Land, Transportation,
and Maritime Affairs to a person
who has assigned all land he/she owns in the distribution complex to the Undertaker in
accordance
with the consultation process pursuant to the Act on Land Acquisition for
Public Projects and Compensation Thereof;
4. In the event that land is redeemed in accordance with a land redemption bond;
5. In the event that it is deemed inevitable to supply land with remarkably low utility
levels in terms of size, shape, and location
to a neighboring land owner;
6. In the event that any Undertaker falling under any of Subsections 1 through 3,
Section 2, Article 27 of the Act supplies land
to a chosen person in accordance with
procedures and methods as prescribed by Ordinance of the Ministry of Land,
Transportation,
and Maritime Affairs for the development of the distribution industry,
and/or out of necessity for the complex and versatile development
of a distribution
complex; or
7. In the event that land may be supplied under private contract in accordance with
other laws and ordinances concerned.
Other matters necessary for the supply method, etc. of land, facilities, etc. shall
be designated by Ordinance of the Ministry
of Land, Transportation, and Maritime
Affairs.
The Undertaker or the Managing Agency that has received an application for
disposition under Section 1 shall select the person
for assignment within the period
prescribed by Ordinance of the Ministry of Land, Transportation, and Maritime Affairs
and notify
the fact to the applicant for disposition in accordance with Section 1, Article
51 of the Act.
1. Indication of goods for sale;
2. Selling price and terms and conditions of the payment;
3. Period for purchasing;
4. Qualifications for the location of the purchaser; and
5. Other matters necessary for the Undertaker or the Managing Agency.
"Other persons designated by Presidential Decree" in Subsection
3, Section 1,
Article 51 of the Act mean organizations pursuant to the following subsections:
1. Korea Credit Guarantee Fund under the Credit Guarantee Fund Act;
2. Korea Technology Credit Guarantee Fund under the Korea Technology Credit
Guarantee Fund Act;
3. Korea Asset Management Corporation under the Act on the Efficient Disposition
of Insolvent Assets of Financial Institutes and
the Establishment of Korea Asset
Management Corporation;
4. National Agricultural Cooperatives Federation under the Agricultural
Cooperatives Act;
5. National Federation of Fisheries Cooperatives under the Fisheries Cooperatives
Act;
6. National Forestry Cooperatives Federation under the Forestry Cooperatives Act;
7. Korea Federation of Small and Medium Business under the Small and Medium
Business Cooperatives Act;
8. Small and Medium Business Cooperation under the Act on the Development of
Small and Medium Business and the Promotion of Purchases
of their Products;
9. Local Business Corporation established for land development projects in
accordance with the Local Public Enterprise Act; and
10. Other organizations that the Undertaker or the Managing Agency deems
necessary for the distribution complex management.
"Interest
and cost designated by Presidential Decree" in Section 2, Article 51 of
the Act means the amount of money as per the following subsections:
1. The amount calculated by multiplying the acquired price of the land or facilities
for assignment by the producer price index during
the period from the acquired date to
the assigned date;
2. Taxes and public charges, including acquisition tax and registration tax,
excluding taxes additionally charged due to faults attributed
to the acquirer; and
3. Expenses spent on maintenance, preservation or improvements of the land,
facilities, etc.
In the event that any person under subsections of Section 1, Article 51 of the Act
intends to assign land or facilities that he/she
has purchased under the same Section,
he/she shall have a consultation with the Managing Agency in advance.
The assignment price
for land or facilities that any person under subsections of
Section 1, Article 51 of the Act has purchased under the same section
shall be the sum
of the acquired price and interest and costs under subsections of Section 5.
Article 43 (Organization and Operation
of Occupied Companies' Council)
The council of occupied companies, (hereinafter referred to as the "Occupied
Companies' Council"),
under Section 1, Article 53 of the Act shall have over 90 percent
of occupied companies of the distribution complex as members.
The Occupied Companies' Council shall be comprised of general members and
special members.
General members of the Occupied Companies' Council shall be composed of
representatives of local companies and supporting agencies
and special members shall
be appointed from among general members in accordance with membership rules as
prescribed by statute
of the Occupied Companies' Council.
The Occupied Companies' Council shall hold a regular general meeting within
two (2) months
from the first day of each business year and may hold extraordinary
general meetings where necessary.
Unless otherwise prescribed in the articles of association, decisions at meetings
of the Occupied Companies' Council shall be formed
by the presence of the majority of
members and a majority vote of the present members.
Article 44 (Details of Management Guidelines
for the Distribution Complex)
Management guidelines for the distribution complex under Section 1, Article 54 of the
Act shall include
matters relating to the following subsections:
1. Matters relating to the formulation of plans for the distribution complex
management under Article 55;
2. Business types to be invited and standards for invitation;
3. Matters necessary for distribution complex management, including maintenance,
repairs, and improvement of land and facilities
of the distribution complex.
Article 45 (Collection of Management Charges)
The Managing Agency shall charge expenses for the management of the
distribution complex under Section 1, Article 56 of the Act
within the rates prescribed
by Ordinance of the Ministry of Land, Transportation, and Maritime Affairs.
The management charges under Section 1 shall be collected when occupied
companies or support agencies move into the distribution
complex. The Managing
Agency, however, may settle the collection time differently, if necessary.
Article 46 (Collection of Share
Amount)
"Public Facilities prescribed by Presidential Decree" in Section 2, Article 56 of
the Act mean facilities of the following subsections:
1. Roads of the complex;
2. Facilities for the prevention of water quality pollution; and
3. Other facilities prescribed by Ordinance of the Ministry of Land, Transportation,
and Maritime Affairs.
The Managing Agency shall charge the shared amount for public facilities under
Section 2, Article 56 of the Act in proportion to
the benefits obtained by occupied
companies and support agencies; provided, however, that, in the event that it is difficult
to
calculate the benefits, total expenses shall be shared among occupied companies and
support agencies in accordance with proportions
calculated by considering land area,
total floor space, and number of employees.
The Managing Agency may charge the shared amount monthly or quarterly as
operating circumstances demand.
Chapter 5 Supplementary Provisions
Article 47 (Commission of Powers)
Powers of the following subsections are commissioned by the Minister to the
mayor/Do governor in accordance with Section 1, Article
64 of the Act: 1. Registration and alteration of registration under Subsection 3, Section 1, Article 7
of the Act;
2. Authorization for work implementation and alteration of the work implementation
under Subsection 1, consultation with the head
of administrative agencies concerned
under Subsection 2, and announcements of authorization for work implementation
under Subsection
4, Section 1, Article 9 of the Act;
3. Consultation with the head of the administrative agency concerned about the
disuse and sale of state or public properties under
Section 2, Article 13, (and under
Article 37) of the Act;
4. Receipt of reports on succession to composite distribution terminal businesses
under Section 2, Article 14 of the Act;
5. Receipt of reports on suspension or closure of business under Section 1, Article
15 of the Act, or dissolution of a corporation
under Section 2, Article 7 of the Act;
6. Cancellation of registration and suspension on a composite distribution terminal
business under Article 17 of the Act;
7. Imposition and collection of surcharges on a composite distribution terminal
business under Article 18 of the Act;
8. Approval for an implementation plan and alteration of the plan under Section 1,
(and under Article 49), and consultation with
the head of the administrative agency
under Section 3, Article 28, (and under Article 49), of the Act;
9. Announcement of approval for the implementation plan and alteration of the plan
and forwarding to the head of the city, Gun or
Gu under Section 1, Article 29, (and
under Article 49), of the Act;
10. Authorization for the completion of a distribution complex development project
under Section 1, (and under Article 49), announcement
and notification to the
Undertaker and the managing administration under Section 3, (and under Article 49),
and permission of use
under Section 5, (and under Article 49), Article 46 of the Act;
11. Receipt of plans for distribution complex management under Section 1, Article
55 of the Act;
12. Recommendation to the managing agency, etc. under Article 57 of the Act;
13. Order to submit reports and data, and inspection on services of a composite
distribution terminal business under Section 1, Article
61 of the Act;
14. Hearings under Section 1, Article 62 of the Act; and
15. Charging of negligence fines on a composite distribution terminal business and
collection thereof under Article 67 of the Act;
In the event that the mayor/Do governor has processed any of the commissioned
matters under Sections 1, 2, (only for authorization
for work implementation and
alteration of the work implementation), 4 through 7, 8, (only for approval of
implementation plan and
alteration of the plan), 10, (only for completion authorization
and use authorization) and 15, he/she shall report the matter to
the Minister within 5
days.
In the event of imposing a negligence fine in accordance with Section 1, the
Minister or mayor/Do governor shall give the offender
an opportunity to state their
opinions in writing or orally during a set period of over 10 days. In this case, in case of
failing
to state its opinions before the expiry of the period, the offender shall be
considered as having no opinion.
The sum of a negligence fine as shown in Table 3 shall be imposed in
accordance with corresponding types of offenses. The Minister
or mayor/Do governor
may increase or decrease the sum of a negligence fine within the range of one half,
considering the motive
for, and frequency of, the offense.
Procedures for the collection of negligence fines shall be designated by
Ordinance of the Ministry of Land, Transportation, and
Maritime Affairs.
Article 4 (Amendments of Other Acts and Ordinances): through omitted.
Part of the Enforcement Decree of the Distribution Facilities
Development and
Operation Act shall be amended as follows:
Subsection 12, Section 2, Article 22 shall be as follows:
12. For a business subject to environmental impact assessment under the
Environmental Impact Assessment Act or a business subject
to traffic impact analysis or
formulation of traffic improvement measures in accordance with the Urban Traffic
Improvement Promotion
Act, a written environmental impact assessment, a written
traffic impact analysis, or written traffic improvement measures shall
be required.
through <18>: Omitted.
Article 5: Omitted.
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