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SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES
SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES

[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act]

문화체육관광부 ( 평창올림픽지원과) , 044-203-3148




CHAPTER I GENERAL PROVISIONS


Article 1 (Purpose)

The purpose of this Act is to support the 23rd Olympic Winter Games and the 12th Paralympic Winter Games to be held in 2018 with the aim of promoting the physical exercise of the people and solidifying the Olympic legacy, thereby contributing to the national development. <Amended by Act No. 14198, May 29, 2016>


Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "Games-related facilities" means facilities directly related to the Games and facilities for creating an environment for the Games;

2. The term "facilities directly related to the Games" means any of the following facilities:

(a) Stadiums and convenience facilities annexed to stadiums;

(b) Training facilities for athletes, athlete villages, media villages and access roads to stadiums;

(c) Dope-testing facilities;

(d) Facilities for the international broadcasting center and the main press center;

(e) Electric and telecommunications facilities;

(f) Other facilities directly related to the Games and prescribed by Presidential Decree;

3. The term "facilities for creating an environment for the Games" means any of the following facilities:

(a) Transportation facilities, such as main arterial roads, railroads, and airports, that need to be established or maintained for the operation of the Games and for the construction of access networks;

(b) Direction boards for stadiums, training camps and athlete villages and publicity information facilities;

(c) Development of reservoirs exclusively for drinking water, for the supply of water and water supply facilities;

(d) Other facilities necessary for creating an environment for the Games and prescribed by Presidential Decree;

4. The term "Olympic Winter Games Special Zone" (hereinafter referred to as "Special Zone") means an area designated and notified as prescribed by this Act to successfully hold the Games and to solidify the legacy thereof;

5. The term "foreigner" means a person as defined in Article 2 (1) 1 of the Foreign Investment Promotion Act;

6. The term "foreign-invested enterprise" means an enterprise as defined in Article 2 (1) 6 of the Foreign Investment Promotion Act.


Article 3 (Relationship with Other Acts)

Special exceptions prescribed by this Act to relax regulations for projects to establish, use Games-related facilities during and after the Games and for special zones shall prevail over other Acts: Provided, That if the regulations provided for in the corresponding provisions of other Acts are lighter than those of this Act, such provisions of other Acts shall apply.


Article 4 (Responsibilities of State and Local Governments)

(1) The State and local governments shall establish and implement comprehensive policies and prepare a support plan so that the Games are held as the cultural and environmental Olympics.

(2) The State and local governments shall take necessary measures so that the Games are operated safely and conveniently without any discrimination against persons with disabilities.


CHAPTER II ORGANIZING COMMITTEE


Article 5 (Establishment of Organizing Committee)

(1) In order to conduct the following projects and activities for the preparation and successful operation of the Games, the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games (hereinafter referred to as "the Organizing Committee") shall be established upon authorization from the Minister of Culture, Sports and Tourism: <Amended by Act No. 14198, May 29, 2016>

1. Establishment of a comprehensive plan for the Games, and establishment and implementation of detailed operational plans;

2. Establishment and implementation of a plan to establish and use Games-related facilities;

3. Cooperation with international sports organizations promoting the Games;

4. Other projects necessary for the smooth preparation and operation of the Games.

(2) The Organizing Committee shall be a corporation.

(3) The Organizing Committee shall have a president, a vice president, executive members and auditors as its executives, and a plenary session as its supreme decision-making organ and an executive board for the efficient performance of its duties.

(4) Such details as the number of executives prescribed in paragraph (3), their terms of office, methods of selecting executives, and organization, functions, etc. of the plenary session and the executive board shall be prescribed by the articles of association.

(5) Except as otherwise expressly prescribed by this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the Organizing Committee.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012]


Article 6 (Support from State, etc.)

(1) The Organizing Committee may request the State, local governments, public institutions (referring to public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), corporations, organizations, etc. to provide administrative and financial cooperation and support and other necessary convenience, and relevant institutions shall comply therewith in the absence of justifiable reasons to the contrary.

(2) The State and local governments may grant subsidies necessary for the establishment and operation of the Organizing Committee and for the preparation and operation of the Games.

(3) For the success of the Games, the State, local governments, and the Organizing Committee may support private promotional campaigns to encourage participation of the people and civilized conduct.

(4) In order to continuously and systematically promote the private promotional campaigns prescribed in paragraph (3), the State, local governments and Organizing Committee may provide administrative and financial support necessary for the establishment and operation of relevant organizations.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012]


Article 6-2 (Receipt of Donations)

(1) The Organizing Committee may receive donations voluntarily given in compliance with the business purposes, notwithstanding the main sentence of Article 5 (2) of the Act on Collection and Use of Donations.

(2) Such details as the procedure of receiving donations under paragraph (1) and others shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 14198, May 29, 2016]

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012]


Article 7 (Counter-Terrorism and Security Measures)

(1) In preparation for terrorism and safety threats against Games-related facilities, athletes, executives, journalists, employees, spectators, etc., the Organizing Committee may request the State to take supportive measures.

(2) In order to take supportive measures requested by the Organizing Committee prescribed in paragraph (1), the State may establish and operate an organization for counter-terrorism and security measures consisting of counter-terrorism security-related institutions.

(3) Matters necessary for the detailed division of duties among the Organizing Committee and relevant administrative agencies and for the establishment, operation, etc. of the organization for counter-terrorism and security measures referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 7-2 (Grounds for Disqualification of Persons Relevant to the Games, etc.)

(1) To ensure safety of the Games, no one shall be recognized as persons relevant to the Games, to whom the registration card can be issued, allowing access to the facilities directly related to the Games, nor shall he/she be allowed to become a torchbearer, if five years have not yet passed since imprisonment with labor or heavier punishment he/she was sentenced to for committing any of the following crimes was executed (including cases where such execution is deemed to have been terminated) or since such punishment was determined not to be executed:

1. Crimes prescribed in Article 114 of the Criminal Act;

2. Crimes prescribed in Articles 119 through 121 of the Criminal Act;

3. Crimes prescribed in Articles 164 through 169, Article 172, Article 172-2, and Article 173 of the Criminal Act;

4. Crimes prescribed in Articles 250 through 253 of the Criminal Act;

5. Crimes prescribed in Articles 3 through 9 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

(2) To confirm whether the grounds for disqualification provided for in paragraph (1) apply to a person intending to be recognized as relevant to the Games and be issued a registration card, or to be a torchbearer, the Organizing Committee shall, with the consent of that person, request inquiry about criminal records prescribed in Article 6 of the Act on the Lapse of Criminal Sentences, from the head of the police agency; and the head of the police agency shall inform the Organizing Committee of whether any ground of disqualification exists.

(3) The Organizing Committee may process data containing resident registration numbers, where it is essential and unavoidable in conducting tasks under paragraph (1).

[This Article Newly Inserted by Act No. 14622, Mar. 21, 2017]

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 14622, Mar. 21, 2017]


Article 8 (Establishment, etc. of Fund)

(1) In order to appropriate money necessary for the establishment and operation of the Organizing Committee and expenses incurred in preparing and operating the Games, the Organizing Committee shall establish an Olympic Games Fund (hereinafter referred to as the "Fund").

(2) The Fund shall be financed by the following means: <Amended by Act No. 13726, Jan. 6, 2016; Act No. 14198, May 29, 2016>

1. Contributions, subsidies, and donations from the Government and entities other than the Government;

2. Money borrowed under Article 10;

3. Earnings from profit-making businesses prescribed in Article 12;

4. Profits from sports promotion betting tickets allocated to the Organizing Committee as prescribed in Article 13;

5. Profits from the issuance of commemorative money prescribed in Article 14;

6. Earnings from outdoor advertising business subsidized to the Organizing Committee as prescribed in Article 6 (5) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;

7. Profits from the operation of the Fund;

8. Other profits.

(3) The fiscal year of the Fund shall coincide with the fiscal year of the Government.

(4) Other details regarding the operation and management of the Fund shall be prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 9 (Lending, etc. of State or Public Property)

(1) Where the State or local governments deem it necessary for supporting the Organizing Committee, they may gratuitously lend the Organizing Committee any State or public property, permit the Organizing Committee to use or profit from any State or public property, or gratuitously transfer office supplies or other articles to the Organizing Committee.

(2) Where the State or local governments gratuitously lend the Organizing Committee State or public property, permit the Organizing Committee to use or profit from any State or public property, or gratuitously transfer office supplies or other articles as prescribed in paragraph (1), the terms and conditions of, procedures for such lending, etc. shall be prescribed by a contract between the managing agency of the relevant property or article and the Organizing Committee.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 10 (Borrowing, etc. of Money)

(1) If it is necessary for the preparation and operation of the Games, the Organizing Committee may borrow money or bring in materials (including borrowing money and bringing in materials from international organizations, foreign countries, foreigners, etc.) with the approval of the Minister of Culture, Sports and Tourism.

(2) Where the Organizing Committee borrows money or brings in materials from overseas, the Introduction and Management of Public Loans Act and the Foreign Exchange Transactions Act shall apply.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 11 (Exemption from Duty to Purchase Bonds, etc.)

Where the Organizing Committee acquires movable property, immovable property, etc. for its operation and activities, it is exempt from its duty to purchase various bonds, etc. pursuant to relevant Acts and subordinate statutes in the same manner as such exemption is applied to State agencies.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 12 (Profit-Making Businesses)

(1) In order to cover the expenses to be incurred in preparing and operating the Games, the Organizing Committee may carry on the following profit-making businesses with the approval of the Minister of Culture, Sports and Tourism: <Amended by Act No. 14198, May 29, 2016>

1. Insignia business;

2. Official commemorative medal business;

3. Broadcasting rights business;

4. Selling housing sites, etc.;

4-2. Selling tickets to the Games and cultural and art events related to the Games;

5. Other Games-related businesses prescribed by Presidential Decree.

(2) The Organizing Committee may grant some of the funds raised from profit-making business to other Games-related institutions, corporations, or organizations, as prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 13 (Issuance of Sports Promotion Betting Tickets in Increased Quantity)

(1) In order to meet expenses to be incurred in preparing and operating the Games, the Organizing Committee may request the president of the Korea Sports Promotion Foundation (hereinafter referred to as "president") to issue sports promotion betting tickets pursuant to Article 24 of the National Sports Promotion Act in increased quantity. In such cases, the total quantity of sales adjusted or recommended by the National Gaming Control Commission prescribed in Article 5 of the National Gambling Control Commission Act shall not apply to the sales from issuing tickets in increased quantity.

(2) The president shall allocate profits from sports promotion betting tickets issued in increased quantity under paragraph (1) to the Organizing Committee in each quarter.

(3) Matters necessary for the issuance of sports promotion betting tickets in increased quantity, allocation of profits, etc. prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 14 (Sale of Commemorative Banknotes)

(1) In order to cover the expenses to be incurred in preparing and operating the Games, the Organizing Committee may request the Bank of Korea to issue commemorative banknotes. <Amended by Act No. 14198, May 29, 2016>

(2) The Organizing Committee may exclusively acquire commemorative banknotes issued under paragraph (1). <Amended by Act No. 14198, May 29, 2016>

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 15 (Issuance of Commemorative Stamps, etc.)

The Organizing Committee may request the Minister of Science and ICT to issue commemorative stamps or postcards to publicize and commemorate the Games. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 16 (Business of Selling Housing Sites, etc.)

In order to use housing sites for lodgings of athletes, executives and press corps for the Games, the Organizing Committee may request the implementers of housing site development projects prescribed in Article 7 of the Housing Site Development Promotion Act to implement necessary projects.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 17 (Service Charges, etc.)

In performing duties for the Games and other Games-relate projects, the Organizing Committee may collect service charges or usage fees, as prescribed by Presidential Decree, in any of the following cases:

1. Where it allows the use of Games-related facilities or articles managed by it;

2. Where it provides services to individuals, corporations or organizations;

3. Other cases prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 18 (Profit-Making Business Department)

The Organizing Committee may establish a department to take full charge of the profit-making business prescribed in Article 12.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 19 (Request, etc. for Dispatch of Public Officials, etc.)

(1) Where the Organizing Committee deems it necessary for performing its duties, it may request relevant administrative agencies, local governments, Games-related corporations or organizations to dispatch public officials prescribed in Article 2 (2) of the State Public Officials Act and Article 2 of the Local Public Officials Act, or their executives and employees with the approval of the Minister of Culture, Sports and Tourism.

(2) Where the Organizing Committee requests the dispatch of public officials or executives and employees of corporations or organizations as prescribed in paragraph (1), the heads of the relevant administrative agencies, corporations or organizations shall select and dispatch persons appropriate for performing their duties in the absence of justifiable reasons to the contrary, and where they intend to recall such dispatch during the period of dispatch, they shall consult in advance with the Organizing Committee.

(3) The heads of the relevant administrative agencies, corporations or organizations that dispatch public officials, or their executives and employees as prescribed in paragraph (2) shall not treat dispatched persons unfavorably in relation to their advancement, change of position, education, rewards, welfare, etc.

(4) Where dispatched public officials, or executives and employees of corporations or organizations are found inappropriate to perform their duties, the Organizing Committee may request the relevant administrative agencies, corporations or organizations that have dispatched such public officials, or executives and employees to recall dispatch.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 20 (Requests for Provision of Data)

(1) The Organizing Committee may request relevant administrative agencies, public institutions, educational institutions, research organizations, etc. to provide data, such as Games-related investigation reports and research papers.

(2) The heads of agencies, institutions or organizations upon receipt of requests prescribed in paragraph (1) shall comply with such requests in the absence of justifiable reasons to the contrary.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 21 (Approval of Budget Bills, etc.)

The Organizing Committee shall prepare a business plan and a budget bill for the following year and obtain approval from the Minister of Culture, Sports and Tourism by not later than one month before the beginning of the following year. The same shall apply to any modification thereto.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 22 (Statements of Accounts, etc.)

The Organizing Committee shall submit a statement of revenue and expenditure for each fiscal year to the Minister of Culture, Sports and Tourism, along with the business track record for the relevant year by not later than the end of March of the following year.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 23 (Devolvement of Residual Property)

Where the Organizing Committee dissolves, Article 13 of the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to the devolvement of residual property.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 24 (Prohibition on Use of Similar Titles)

No entity, other than the Organizing Committee, shall use the title "the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games" or a similar one. <Amended by Act No. 14198, May 29, 2016>

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 25 (Use of Games Insignias, etc.)

Those who intend to use Games-related symbols, etc. prescribed by Presidential Decree, such as insignias and mascots designated by the Organizing Committee shall obtain approval from the Organizing Committee in advance: Provided, That this shall not apply if they use such symbols, as prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 25-2 (Prohibition of Illegal Sale of Tickets)

Except for the Organizing Committee and anyone entrusted by the Organizing Committee with the task of selling tickets to the Games, no one shall sell tickets to the Games issued by the Organizing Committee, repeatedly or as a regular business, to others at a higher price than he/she paid.

[This Article Newly Inserted by Act No. 14423, Dec. 20, 2016]


CHAPTER III GAMES SUPPORT COMMITTEE


Article 26 (Games Support Committee)

(1) A Support Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Committee") shall be established under the Prime Minister in order to deliberate on and coordinate major policies relating to the Games. <Amended by Act No. 14198, May 29, 2016>

(2) The Support Committee shall consist of up to 30 members, including the Prime Minister as a chairperson, the Minister of Strategy and Finance, the Minister of Education, and the Minister of Culture, Sports and Tourism as vice chairpersons, and each of the following persons as a member: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>

1. The Minister of Science and ICT;

1-2. Deleted; <by Act No. 12844, Nov. 19, 2014>

2. The Minister of Foreign Affairs;

3. The Minister of Unification;

4. The Minister of Justice;

5. The Minister of National Defense;

6. The Minister of the Interior and Safety;

7. The Minister for Agriculture, Food and Rural Affairs;

8. The Minister of Trade, Industry and Energy;

9. The Minister of Health and Welfare;

10. The Minister of Environment;

11. The Minister of Land, Infrastructure and Transport;

12. Deleted; <by Act No. 14839, Jul. 26, 2017>

13. The Minister of the Office for Government Policy Coordination;

14. The Governor of Gangwon-do;

15. The President of the Korean Olympic Committee;

16. The President of the Korea Sports Association for the Disabled;

17. The President of the Organizing Committee;

18. Persons appointed or commissioned by the chairperson from among those who possess much expert knowledge and experience in preparing and holding the Games;

19. Heads of other institutions deemed necessary by the chairperson.

(3) The Support Committee shall have one executive secretary who shall be appointed by the chairperson from among high-ranking public officials of the Ministry of Culture, Sports and Tourism.

(4) A support working committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Working Committee") shall be established under the Support Committee to review agenda items to be referred to the Support Committee for deliberation and resolution and to deal with matters entrusted thereto by the Support Committee. In such cases, the Vice Minister of Culture, Sports and Tourism shall serve as the chairperson of the Support Working Committee. <Amended by Act No. 14198, May 29, 2016>

(5) Other matters necessary for the composition and operation of the Support Committee and the Support Working Committee shall be prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


CHAPTER IV GAMES-RELATED FACILITIES, ETC.


Article 27 (Establishment and Implementation of Project Plans)

(1) For the success of the Games, the Governor of Gangwon Do (hereinafter referred to as the "Governor") shall establish a plan to establish and use Games-related facilities (hereinafter referred to as "project plan") and obtain approval from the Minister of Culture, Sports and Tourism. When the Governor establishes a project plan, the standards for establishing an Urban/Gun management plan prescribed in Article 25 (4) of the National Land Planning and Utilization Act shall apply mutatis mutandis to such project plan.

(2) When the Minister of Culture, Sports and Tourism approves a project plan, he/she shall consult in advance with the head of the relevant central administrative agency and undergo deliberation thereon by the Support Committee.

(3) The head of the relevant central administrative agency in receipt of a request for consultation as prescribed in paragraph (2) shall present his/her opinion to the Minister of Culture, Sports and Tourism within 20 days after receipt of such request for consultation in the absence of justifiable reasons to the contrary.

(4) When the Minister of Culture, Sports and Tourism approves a project plan, he/she shall send documents to the head of the relevant administrative agency and the competent Governor, and the Governor in receipt of such documents shall publicly announce the details thereof.

(5) Matters necessary for the establishment, public announcement, etc. of project plans shall be prescribed by Presidential Decree.

(6) Where a project plan approved under paragraph (1) is modified, paragraphs (2) through (5) shall apply mutatis mutandis: Provided, That this shall not applyto any modification to insignificant matters prescribed by Presidential Decree.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 28 (Subsidization, etc. for Games-Related Facilities)

(1) The State or local governments may grant subsidies to cover all or some of the expenses associated with construction, remodeling or repair of Games-related facilities.

(2) Where subsidies are granted under paragraph (1), recipients, details and rate of subsidization, and other matters shall be prescribed by Presidential Decree.

(3) Where the State or local governments are requested by the Governor to transfer any State or public property for the establishment of Games-related facilities, they may preferentially transfer such property, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, any State or public property to be transferred is deemed disused without taking separate procedures therefor.

(4) Where a project for establishing Games-related facilities, etc. is implemented in a wide area over the boundaries of other local governments, the local governments involved shall cooperate therewith.

(5) The State or local governments may preferentially implement Games-related projects that are being implemented or scheduled to be implemented in the venue cities or in the vicinity thereof, by adjusting their schedule to the period during which the Games are held, as prescribed by Presidential Decree.

(6) Local governments may issue local bonds to finance subsidies for Games-related facilities. In such cases, they may issue local bonds in excess of the ceiling for issuance of local bonds, notwithstanding Article 11 of the Local Finance Act.

(7) Where athlete villages and media villages constructed as Games-related facilities are to be provided to the public, restrictions may not be imposed on the price of a unit of multi-unit housing with an area exceeding 85 square meters for exclusive use, notwithstanding Article 57 of the Housing Act. <Amended by Act No. 13805, Jan. 19, 2016>

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 29 (Special Cases concerning Approval of Project Plans)

When a project plan is approved, the following activities shall be deemed completed: <Amended by Act No. 12687, May 28, 2014>

1. Establishment of a reclamation master plan prescribed in Article 22 of the Public Waters Management and Reclamation Act;

2. Establishment of and reporting on a medium-term local financial plan prescribed in Article 33 of the Local Finance Act and an examination of financial investment projects prescribed in Article 37 of the same Act.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 30 (Implementers of Projects to Establish and Use Games-Related Facilities)

(1) The Governor may directly implement projects to establish and use Games-related facilities (hereinafter referred to as "Games-related facility project") excluding the facilities prescribed in subparagraph 3 (a) of Article 2, or implement such projects upon designating one of the following persons as an implementer:

1. The heads of Sis/Guns;

2. Public institutions prescribed by Presidential Decree;

3. Local government-invested public corporations prescribed by the Local Public Enterprises Act;

4. Where such projects are implemented in a public-private partnership pursuant to the Act on Public-Private Partnerships in Infrastructure, an implementer prescribed by the same Act;

5. Other implementers prescribed by Presidential Decree.

(2) Anyone who intends to be designated as an implementer pursuant to paragraph (1) (hereinafter referred to as "implementer") shall prepare documents prescribed by Presidential Decree and submit them to the Do Governor.

(3) Projects implemented by an implementer pursuant to paragraph (1) shall be deemed those directly implemented by the Do Governor. <Newly Inserted by Act No. 14198, May 29, 2016>

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 31 (Approval of Implementers' Project Plans)

(1) Where approval prescribed in Article 27 is granted, the relevant implementer shall prepare a project plan stating matters prescribed by Presidential Decree, etc., such as the scale and details of the Games-related facility project, period of the project and financing plan and obtain approval from the Governor. The same shall apply to any modification (excluding any modification to insignificant matters prescribed by Presidential Decree) to the approved matters.

(2) Where the Governor approves an implementer's project plan or approves modification thereto, he/she shall, without delay, publish it in the official report and send a copy of related documents to the heads of the relevant local governments. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to hearing of residents' opinions and notification of the topographical map of the area in which Games-related facilities are to be established and used, which is stated in the project plan.

(3) The heads of local governments in receipt of a copy of relevant documents as prescribed in paragraph (2) shall make the details thereof available for public perusal for at least 14 days.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 32 (Restrictions on Acts, etc.)

No permit to engage in development acts prescribed in Article 56 of the National Land Planning and Utilization Act, no permit to construct buildings and temporary buildings or reporting thereon, and no reporting on the building of structures prescribed by the Building Act shall be granted or filed in any area in which Games-related facilities are to be established and used from the date on which approval of an implementer's project plan is published under Article 31: Provided, That this shall not apply if the head of the competent Si/Gun deems that such acts do not hinder the establishment and use of Games-related facilities and grant a permit or receive reports, accordingly.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 33 (Authorization, Permission, etc. Deemed Granted under Other Acts)

(1) Where an implementer obtains approval for his/her project plan or modification thereto as prescribed in Article 31, the following permission, authorization, determination, revocation, designation, approval, consultation, deliberation, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, performed, or made, and where approval is publicly notified, public notification or public announcement of authorization, permission, etc. pursuant to the following Acts shall be deemed to have been granted or made: <Amended by Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13498, Aug. 28, 2015; Act Nos. 13797 & 13805, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017; Act Nos. 14567 & 2017; Act No. 14569, Feb. 8, 2017>

1. Permission to change, etc. the form and quality of land under Article 21-2 of the Grassland Act and permission to convert grassland under Article 23 of the same Act;

2. Permission to convert a mountainous district under Article 14 of the Mountainous Districts Management Act, reporting on the conversion of a mountainous district under Article 15 of the same Act, permission to temporarily use a mountainous district and reporting thereon under Article 15-2 of the same Act;

3. Permission to convert or farmland, and consultation thereon under Article 34 of the Farmland Act;

4. Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a development project plan for a rural tourism and resort complex under Article 82 (2) of the same Act;

5. Permission to implement river works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of the same Act and permission to use river water under Article 50 of the same Act;

6. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of implementation plans under Article 17 of the same Act, a license to reclaim public waters under Article 28 of the same Act, public notice of licenses under Article 33 of the same Act, consultations or approval under Articles 35 and 36 of the same Act and approval and public notice of an implementation plan for the reclamation of public waters under Article 38 of the same Act;

7. Authorization to install public sewage systems under Article 11 of the Sewerage Act, permission to implement construction works for public sewage systems under Article 16 of the same Act and permission to occupy and use public sewage systems under Article 24 of the same Act;

8. Reporting on a commercial waste producer under Article 17 (2) of the Wastes Control Act and approval for or reporting on the installation of waste disposal facilities under Article 29 (2) of the same Act;

9. Authorization of or reporting on a plan of works to install electric installations for private use under Article 62 of the Electric Utility Act;

10. Approval of a business plan under Article 15 of the Tourism Promotion Act, designation of a tourist destination and tourism complex under Article 52 of the same Act, approval of a development plan for a tourist destination and tourism complex under Article 54 of the same Act and permission to implement a development plan under Article 55 of the same Act;

11. Permission to implement road works for those other than the road management agency under Article 36 of the Road Act, permission to occupy and use a road under Article 61 of the same Act, and consultation with or approval from the road management agency under Article 107 of the same Act (including designation and public notification of routes under Article 19 of the same Act and determination on road zones under Article 25 of the same Act);

12. Designation of an urban development zone under Article 3 of the Urban Development Act, formulation of an urban development project plan under Article 4 of the same Act, designation of a project implementer under Article 11 of the same Act and authorization of an implementation plan for an urban development project under Article 17 of the same Act;

13. Approval of an implementation plan for a housing site development project under Article 9 of the Housing Site Development Promotion Act;

14. Modification to designation of a rearrangement area under Article 8 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and authorization to implement a project plan under Article 50 of the same Act and Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Redevelopment;

15. Permission to open a private road under Article 4 of the Private Road Act;

16. Permission to cut trees under Article 14 of the Erosion Control Work Act and revocation of designation of land treated for erosion control under Article 20 of the same Act;

17. Permission to extract aggregates under Article 22 of the Aggregate Extraction Act;

18. Permission to use State property under Article 30 of the State Property Act;

19. Permission to use and make profits under Article 20 of the Public Property and Commodity Management Act;

20. Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act;

21. Deliberation by the Building Committee under Article 4 of the Building Act, a building permit granted under Article 11 of the same Act, building reporting under Article 14 of the same Act, any modification to the permitted or reported matters under Article 16 of the same Act, change of use under Article 19 of the same Act, permission to construct temporary buildings or reporting thereon under Article 20 of the same Act, consultation on construction under Article 29 of the same Act and reporting on the building of a structure under Article 83 of the same Act;

22. Approval of a project plan under Article 15 of the Housing Act;

23. Drafting and determination of a park development plan under Articles 16 and 16-2 of the Act on Urban Parks, Green Areas, Etc., permission to occupy and use an urban park under Article 24 of the same Act, restrictions on acts in an urban natural park area under Article 27 of the same Act and permission to occupy and use a green area under Article 38 of the same Act;

24. Permission to exhume a grave having no surviving relatives and to bury remains from such grave in another place under Article 27 (1) of the Act on Funeral Services, Etc.;

25. Reporting on dust clouds under Article 43 of the Clean Air Conservation Act;

26. Permission to install facilities discharging water pollutants and reporting thereon under Article 33 of the Water Environment Conservation Act;

27. Prior reporting on specific construction works under the Noise and Vibration Control Act;

28. Permission to cut, etc. standing trees and reporting thereon under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;

29. Permission to engage in, or reporting on acts in forest conservation zones under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act (excluding conservation zones for forest genetic resources), and revocation of designation of a forest conservation zone under Article 11 (1) 1 of the same Act (excluding conservation zones for forest genetic resources);

30. Designation of public housing business entities under Article 4 of the Special Act on Public Housing, designation of a housing zone under Article 6 of the same Act and approval of a housing zone development plan under Article 17 of the same Act;

31. Authorization of general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization to install private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the same Act;

32. Reporting on the commencement, modification or completion of a project under Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;

33. Prior consultation on examinations of factors influencing disasters under Article 4 of the Countermeasures against Natural Disasters Act;

34. Consultation on strategic environmental impact assessment under Article 16 of the Environmental Impact Assessment Act;

35. Determination of an Urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission to engage in development acts under Article 56 of the same Act, designation of an implementer under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;

36. Designation of an urban renewal acceleration district under Article 5 of the Special Act on the Promotion of Urban Renewal and formulation and determination of an urban renewal acceleration plan under Article 12 of the same Act;

37. Permission to implement small river construction works under Article 10 of the Small River Maintenance Act and permission to occupy and use small rivers under Article 14 of the same Act;

38. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

39. Permission to enter into a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions, Etc.

(2) Where the Governor approves an implementer's project plan or approves a modified plan, he/she shall have a prior consultation with the head of the relevant administrative agency if such project plan includes matters falling under any subparagraph of paragraph (1), and the head of the relevant administrative agency shall submit his/her opinion within 30 days from the receipt of a request for consultation.

(3) Where deemed especially necessary to establish Games-related facilities in consideration of the conditions of the location, such facilities may be established in sports park, as prescribed by the Act on Urban Parks, Green Areas, Etc.

(4) Games-related facilities shall be deemed infrastructure prescribed in the Act on Public-Private Partnerships in Infrastructure.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 34 (Special Exceptions to the Forest Protection Act)

In order to install facilities falling under subparagraph 2 (a) and (b) of Article 2 among Games-related facilities in a conservation zone for forest genetic resources referred to in Article 7 (1) 5 of the Forest Protection Act, the Minister of the Korea Forest Service may revoke the designation of all, or a part of a conservation zone for forest genetic resources in consideration of opinions of relevant specialists after establishing a plan to revoke the conservation zone for forest genetic resources, and to protect, conserve and reinstate forests, which is to be deliberated on and determined by the Support Committee, notwithstanding Article 11 of the Forest Protection Act.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 35 (Special Exceptions to the Subsidy Management Act)

The State may subsidize at least 75 percent of the project funds needed for the new construction, remodeling and repairing of stadiums among Games-related facilities, notwithstanding Article 9 of the Subsidy Management Act: Provided, That this shall not apply to facilities established through a public-private partnership.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 35-2 (Special Cases concerning Construction, Management, etc., of Reservoirs)

Regarding the facilities for creating an environment for the Games, reservoirs exclusive for drinking water under subparagraph 3 (c) of Article 2 (hereafter referred to as "reservoir" in this Article) shall be governed by the Water Supply and Waterworks Installation Act for their construction, management, etc. notwithstanding the Act on Construction of Dams and Assistance, etc. to their Environs. In such cases, reservoirs shall be deemed as water reservation facilities under subparagraph 17 of Article 3 of the Water Supply and Waterworks Installation Act.

[This Article Newly Inserted by Act No. 13297, May 18, 2015]


Article 35-3 (Special Cases concerning Radio Waves Act)

Notwithstanding Article 69 (1) 1-3 of the Radio Waves Act, the State may exempt certain participants in the Games or any pre-games relevant to the Games, who shall be specified and publicly announced by the Organizing Committee, from service charges.

[This Article Newly Inserted by Act No. 14423, Dec. 20, 2016]


Article 35-4 (Special Cases concerning Passenger Transport Service Act)

To ensure smooth access and traffic flow to the Games, the Organizing Committee may sublet a commercial motor vehicle rented from a car rental business entity to foreigners participating in the Games (limited to those carrying a registration card issued by the Organizing Committee for persons relevant to the Games); or may arrange a driver for that commercial motor vehicle, by March 31, 2018, notwithstanding Article 34 (1) and (2) of the Passenger Transport Service Act.

[This Article Newly Inserted by Act No. 14423, Dec. 20, 2016]


Article 36 (Reduction of and Exemption from Charges)

In order to support Games-related facility projects, the State or a local government may grant exemption or reduction of the following charges: <Amended by Act No. 13297, May 18, 2015>

1. Development charges referred to in Article 3 of the Restitution of Development Gains Act;

2. Charges to occupy and use public waters imposed under Article 13 of the Public Waters Management and Reclamation Act;

3. Charges to occupy and use rivers imposed under Article 37 of the River Act;

4. Compensation for expenses incurred for land treated for erosion control imposed under Article 21 of the Erosion Control Work Act;

5. Charges imposed on a person who has caused to incur expenses under Article 71 of the Water Supply and Waterworks Installation Act;

6. Charges on burden-causing entities under Article 61 of the Sewerage Act.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 37 (Expropriations of Land, etc.)

(1) Where necessary to implement a project, the implementer thereof may use or expropriate land, articles or rights (hereafter referred to as "land, etc." in this Article) prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

(2) When an implementer's project plan is approved and publicly announced, project approval and public notification thereof prescribed in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted and given, and an application for adjudication may be filed within the period for implementation stipulated in the implementer's project plan, notwithstanding Articles 23 and 28 of the same Act.

(3) Except as otherwise expressly prescribed by this Act concerning the expropriation or use of land, etc. provided in paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis thereto.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 38 (Verification of Completion of Construction)

(1) When an implementer completes construction works, he/she shall, without delay, submit a completion report on construction works and obtain verification of construction completion. In such cases, the Governor in receipt of an application for verifying the completion of construction works may request the heads of the relevant public institutions, research institutions and other specialized institutions to conduct inspections necessary for verifying construction completion.

(2) When the Governor receives an application for verifying the completion of construction works as prescribed in paragraph (1), he/she shall inspect the completion of construction works, as prescribed by Presidential Decree, and issue a certificate of construction completion if he/she deems that the construction works have been implemented as approved.

(3) When an implementer obtains a certificate of construction completion prescribed in paragraph (2), he/she shall be deemed to have undergone a completion inspection or obtained authorization of completion, which are deemed undergone or granted under Article 33 (1).

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


Article 39 (Formulation of Special Transportation Measures)

(1) The Governor shall formulate special transportation measures. In such cases, Article 33 (2) of the National Transport System Efficiency Act shall apply mutatis mutandis to the details of the special transportation measures.

(2) The Governor shall organize and operate a Special Transportation Measures Center for the Olympic Winter Games.

(3) Where necessary to take the special transportation measures formulated under paragraph (1), the Governor may request the heads of public institutions to dispatch staff to the Special Transportation Measures Center for the Olympic Winter Games.

[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]


CHAPTER V DESIGNATION AND OPERATION OF OLYMPIC WINTER GAMES SPECIAL ZONES


SECTION 1 Designation of Special Zones, Establishment of Special Zone Comprehensive Plans, etc.


Article 40 (Designation of Special Zones, etc.)

(1) The Governor may request the Minister of Culture, Sports and Tourism to designate a special zone.

(2) Where the Governor intends to request for the designation of a special zone under paragraph (1), he/she shall establish and submit a special zone comprehensive plan (hereinafter referred to as "special zone comprehensive plan").

(3) The Minister of Culture, Sports and Tourism in receipt of a request to designate a special zone under paragraph (1) shall designate a special zone after determining the relevant special zone comprehensive plan after consultation with the heads of the relevant central administrative agencies and deliberation thereon and determination by the Olympic Winter Games Special Zone Committee prescribed in Article 42. The same shall apply to any modification (excluding any modification to insignificant matters prescribed by Presidential Decree) to such special zone comprehensive plan.

(4) When the Minister of Culture, Sports and Tourism designates a special zone as prescribed in paragraph (3), he/she shall publish the details in the Official Gazette, as prescribed by Presidential Decree, and notify the heads of the relevant administrative agencies and the Governor thereof without delay. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to hearing of residents' opinions and public notice of a topographic map: Provided, That a topographic map, etc. necessary for giving public notice under Article 8 (6) of the Framework Act on the Regulation of Land Use may be prepared and submitted by the head of the competent Si/Gun.

(5) The Governor in receipt of notification as prescribed in paragraph (4) shall make the details thereof available for public perusal for at least 14 days.


Article 41 (Establishment of Special Zone Comprehensive Plans)

(1) A special zone comprehensive plan shall include the following details:

1. Name, location and scale of a special zone;

2. Necessity for designating a special zone;

3. Expected implementer of a special zone development project;

4. Method of implementing a special zone development project;

5. Funding methods;

6. Land utilization plan and main infrastructural plan;

7. Plan to accommodate population and plan to create residential facilities;

8. Transportation plan;

9. Plan to induce industries;

10. Plan to establish facilities for health, medical services, education and welfare;

11. Environmental conservation plan;

12. Plan to create an environment to induce foreign investment and dwelling of foreigners;

13. Other matters prescribed by Presidential Decree.

(2) Before filing an application for the designation of a special zone, the Governor shall prepare a draft special zone comprehensive plan which states matters referred to in paragraph (1) in advance, as prescribed by Presidential Decree, announce it for at least 20 days, hold a public hearing to hear opinions of residents, enterprises, relevant specialists, etc., and consult with the heads of the relevant local governments.


Article 42 (Olympic Winter Games Special Zone Committee)

(1) There is hereby established an Olympic Winter Games Special Zone Committee (hereinafter referred to as "the Special Zone Committee") under the jurisdiction of the Prime Minister to deliberate on and coordinate the following important policies on special zones:

1. Matters concerning basic policies and systems on special zones;

2. Matters concerning approval of the comprehensive special zone plans and any modification thereto;

3. Matters concerning financial support and training of human resources necessary for the promotion of special zones;

4. Matters concerning the coordination of opinions of the heads of the relevant central administrative agencies and the Governor;

5. Other matters concerning the promotion of special zones.

(2) The Prime Minister shall serve as chairperson of the Special Zone Committee, the Minister of Strategy and Finance, the Minister of Education, and the Minister of Culture, Sports and Tourism shall serve as vice chairpersons, and the following persons shall become its members: <Amended by Act No. 12844, Nov. 19, 2014>

1. The Governor;

2. The heads of central administrative agencies prescribed by Presidential Decree;

3. Persons entrusted by the chairperson from among persons with substantial experience and knowledge that can contribute to the development and operation of special zones.

(3) In order to manage administrative affairs of the Special Zone Committee, an Olympic Winter Games Special Zone Planning Body (hereinafter referred to as "the Special Zone Planning Body") shall be established under the jurisdiction of the Ministry of Culture, Sports and Tourism. In such cases, the Vice Minister of Culture, Sports and Tourism shall serve as the head of the Special Zone Planning Body.

(4) Other matters necessary for the composition, operation, etc. of the Special Zone Committee and the Special Zone Planning Body shall be prescribed by Presidential Decree.


Article 43 (Matters to be Considered for Deliberation on and Determination by the Special Zone Committee)

Where the Special Zone Committee deliberates on and makes determinations as prescribed in Article 40 (3), it shall consider the following matters:

1. Accessibility to Games-related facilities and infrastructure;

2. Appropriateness of the locations of sports industry facilities and green industry facilities and relevant research facilities, etc.;

3. Cultural and tourism resources held and possibility of development of related fields;

4. Securing a residential environment for Koreans and foreigners and possibility of connection;

5. Possibility of inducing investment by Koreans and foreigners in special zone development projects;

6. Level of funds secured, etc. for implementing special zone development projects;

7. Opinions presented by local governments, residents, enterprises, etc. in special zones on the establishment of special zones and special zone development projects;

8. Influence on the sustainable development and invigoration of the regional economy;

9. Other matters to be considered in designating special zones and prescribed by Presidential Decree.


Article 44 (Effects of Designation of Special Zones)

When a special zone is designated and publicly announced as prescribed in Article 40, the following designations, etc. shall be deemed made in accordance with the details of the comprehensive special zone plan:

1. Designation of an urban development zone under Article 3 of the Urban Development Act and establishment of an urban development project plan under Article 4 of the same Act;

2. Designation of a housing site development district under Article 3 of the Housing Site Development Promotion Act and establishment of a housing site development plan under Article 8 of the same Act;

3. Designation of a tourist destination and a tourism complex under Article 52 of the Tourism Promotion Act;

4. Designation of a logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities;

5. Modification to a reclamation master plan under Articles 23 and 27 of the Public Waters Management and Reclamation Act;

6. Modification to an integrated plan for costal management and a local plan for costal management under Article 12 of the Coast Management Act;

7. Designation of a sea water intake area under Article 9 of the Development and Management of Deep Sea Water Act;

8. Modification to a master plan for waterworks installation and management under Article 4 of the Water Supply and Waterworks Installation Act;

9. Modification to a sewerage maintenance master plan under Article 6 of the Sewerage Act;

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