国内政策【切换】 国际政策

韩国贸易 工业和能源部 援助废弃矿区开发特别法第六章9--11（英文版）

Article 9 (Special Cases for Environmental Effect Evaluation) (1) The promoter of the development project subject to environmental effect evaluation as provided for in Article 4 of the Environmental Impact Assessment Act shall consult with the Do governor or the head of Si/Gun on the evaluation documents drawn up under Article 13 of the said Act: Provided, That the Do governor or the head of Si/Gun shall, in holding a consultation on the written environmental effect evaluation, hear the opinion of the Minister of Environment and reflect it to the utmost, and take the measures necessary for the verification of whether or not executing the consultation details and for the management of execution under Article 26 of the Environmental Impact Assessment Act jointly with the Minister of Environment.  <Amended by Act No. 7443, Mar. 31, 2005; Act No. 9037, Mar. 28, 2008>

(2) In applying Articles 16 through 28 and Articles 30 through 32 of the Environmental Impact Assessment Act to the development project for which a consultation shall be made with the Do governor or the head of Si/Gun under paragraph (1), the Minister of Environment shall respectively be read as the Do governor or the head of Si/Gun, respectively.  <Amended by Act No. 7186, Mar. 11, 2004; Act No. 7443, Mar. 31, 2005; Act No. 9037, Mar. 28, 2008>

(3) The Do governor or the head of Si/Gun shall establish under his jurisdiction the Abandoned Mine Area Environment Impact Assessment Committee in order to deliberate on the matters for consultation under paragraph (1).  <Amended by Act No. 7443, Mar. 31, 2005; Act No. 9037, Mar. 28, 2008>

(4) In case where the Do governor or the head of Si/Gun conducts the consultation on impact assessment under paragraph (1), it shall go through deliberation by the Korea Environment Institute and the experts in lieu of the Abandoned Mine Area Environmental Impact Assessment Committee under Article 17 of the Environmental Impact Assessment Act.  <Amended by Act No. 7443, Mar. 31, 2005; Act No. 9037, Mar. 28, 2008>

(5) Matters necessary for the organization, operation, etc. of the Abandoned Mine Area Environmental Impact Assesment Committee under paragraph (3) shall be prescribed by the Presidential Decree.  <Amended

by Act No. 7443, Mar. 31, 2005; Act No. 9037, Mar. 28, 2008>

[This Article Wholly Amended by Act No. 6318, Dec. 29, 2000]

Article 10 (Special Cases for Application of Management of Mountainous Districts Act, etc.) (1) With respect to the development project that is implemented directly or jointly by local residents within the promotion district or to the development project prescribed by Presidential Decree, the Administrator of the Korea Forest Service is authorized to legislate special cases for the restriction on acts under the provisions of Article 12 of the Management of Mountainous Districts Act and the permission standards for the diversion of the use of mountainous districts under Article 18 (1) and (4) of the Management of Mountainous Districts Act, under the conditions as prescribed by the Presidential Decree.  <Amended by Act No. 6841, Dec. 30, 2002; Act No. 7443, Mar. 31, 2005>

(2) The Administrator of the Korea Forest Service is authorized to rent a national forest (including the preservation-requiring national forest under the provisions of Article 16 (1) 1 and (2) of the Management and Administration of State Forests Act); permit the use of it, or sell and exchange it to the promoter, who obtained permission for the diversion of the use of reserved mountainous districts under paragraph (1), within the scope necessary for promoting the development project, notwithstanding the provisions of Articles 20 and 21 of the Management and Administration of State Forests Act, and the person who obtained the lease or the permit for the use of a national forest may install the permanent facilities on the relevant national forest under the conditions of donation or withdrawal of the facilities or restoration to original state,notwithstanding the provisions of Article 22 of the same Act.  <Amended by Act No. 6318, Dec. 29, 2000; Act No. 6841, Dec. 30, 2002; Act No. 7443, Mar. 31, 2005; Act No. 7677, Aug. 4, 2005>

Article 11 (Special Cases for Application of Tourism Promotion Act) (1) The Minister of Culture and Tourism may, notwithstanding the requirements for permission as provided for in Article 21 of the Tourism Promotion Act, permit casino business operation as provided for in Article 5 (1) of the said Act, at one location prescribed by Presidential Decree from among abandoned mine areas where the economy is severely depressed. In this case, the combination of the casino business with facilities for accommodation, sports, entertainment or leisure, etc. (including a plan to implement the development of such facilities) shall be taken into consideration in granting the permission.  <Amended by Act No. 5654, Jan. 21, 1999; Act No. 6318, Dec. 29, 2000; Act No. 8343, Apr. 11, 2007>

(2) In order to secure public interests and efficiency, the person to be eligible for permission for the casino business operation as provided for in paragraph (1) shall meet the requirements prescribed by Presidential Decree.

(3) Article 28 (1) 4 of the Tourism Promotion Act shall not apply to the casino operator who obtained permission as provided for in paragraph (1): Provided, That the Minister of Culture and Tourism may restrict the operation of casino business on admission, etc. as prescribed by Presidential Decree, when it is necessary to prevent excessively speculative behaviors, etc.  <Amended by Act No. 5654, Jan. 21, 1999; Act No. 6318, Dec. 29, 2000; Act No. 8343, Apr. 11, 2007>

(4) The permission period of casino business under paragraph (1) shall be prescribed by Presidential Decree within the scope of three years.  <Amended by Act No. 8463, May 17, 2007>

(5) The amount prescribed by Presidential Decree within the scope of 20/100 from among the profits earned in the casino business permitted under paragraph (1) and the tourist hotel business and the amusement parks and attractions business for operating a relevant casino business shall be spent on the tourism promotion and regional development related to the abandoned mine areas.  <Amended by Act No. 7443, Mar. 31, 2005>

(6) Matters concerning the use methods and procedures for the amount under the provisions of paragraph (5) shall be prescribed by Presidential Decree.  <Newly Inserted by Act No. 7443, Mar. 31, 2005>

Article 11-2 (Special Cases for Lease, etc. of State-Owned or Public-Owned Properties) (1) Where the State or a local government grants a permit for the lease or the use and profit-making of the lands, factories and other State-owned or public-owned properties (hereinafter referred to as the "State-owned or public-owned properties") which it has within the promotion district, to the promoters, it may determine the period of the lease or the use and profit-making within the period of 20 years, notwithstanding the provisions of Articles 27 and 36 of the State Properties Act and Articles 82 and 83 of the Local Finance Act.

(2) The lease or the use and profit-making period under the provisions of paragraph (1) may be renewed. In this case, the renewal period shall not exceed the period under the provisions of paragraph (1).

(3) Where granting the lease or the use and profit-making permit under the provisions of paragraph (1), the use fees may be reduced or exempted, notwithstanding Article 25 of the State Properties Act, Article 82 (2) of the Local Finance Act and Article 38 of the Industrial Sites and Development Act.

[This Article Newly Inserted by Act No. 7443 Mar. 31, 2005]