Policy & Legal Framework
English한국어

Permits & Licensing · Stage 6 · Cross-sector Consents

Military Installations Consultation

군사시설 협의

Category
Permits & Licensing · Stage 6 · Cross-sector Consents
Responsible body
Ministry of National Defense
Governing law
Protection of Military Bases and Installations Act
Korean original
National Law Information Center (law.go.kr) ↗

Summary

Public

Consultation where the site or its radar footprint overlaps a military protection zone. The head of the relevant administrative agency who intends to grant permission, etc. in a protection zone for matters such as constructing buildings, installing structures or communication facilities, must consult the Minister of National Defense or the commander of the jurisdictional unit, etc., except for matters prescribed by Presidential Decree. This also applies to buildings and structures at or above a height set by Presidential Decree in anti-aircraft defense coordination zones. An applicant may request prior counseling, answered within 10 days, and the Minister or commander must notify an opinion, after committee deliberation, within 30 days (20 days after prior counseling), extendable once by up to 10 days. Consent may be conditioned on alternative facilities, and permission granted without consultation may face a request for cancellation.

Sources: Protection of Military Bases and Installations Act, Article 13.

Legal basis

Protection of Military Bases and Installations Act

Article 13 (Consultation on Dispositions by Administrative Agencies)

제13조(행정기관의 처분에 관한 협의 등)

(1) When the head of the relevant administrative agency intends to give permission or dispositions (hereinafter referred to as "permission, etc.") for any of the following matters in a protection zone, he or she shall consult with the Minister of National Defense or the commander of the jurisdictional unit, etc., according to standards for consultation, such as consultation procedures prescribed by Presidential Decree or review of operability prescribed by the Minister of National Defense. The same shall apply where a state agency or local government intends to conduct any of the following acts:

  • 2. Installation of roads, railways, bridges, canals, tunnels, waterways, underground facilities, etc. and their annexes and modifications thereof;
  • 3. Reclamation or dredging of rivers or the sea, and construction of ports or modifications thereof;
  • 4. Collection of minerals, soil, stone, and sand;

Further text omitted.

Excerpt: paragraph (1) of each article. English text: Official KLRI English. The full articles are in the English translation of the governing law below.

Where it sits in the permit pathway

Stage 6 of 7
  1. 1Wind Measurement2 authorizations
  2. 2Electricity Business License (EBL)1 authorization
  3. 3Environmental Assessment2 authorizations
  4. 4Site Investigation2 authorizations
  5. 5Public-Waters Use & Navigation Safety2 authorizations
  6. 6Cross-sector Consents5 authorizations
  7. 7Construction & Operation2 authorizations

Stages where risk concentrates. See the full permit pathway ›

Related entries in this tracker

Public-Waters Occupancy Permit: ProjectStage 5
Maritime Traffic Safety AuditStage 5
Development-Activity PermitStage 6
Radio-Station PermitStage 6
National Heritage Impact DiagnosisStage 6
Forest & Farmland ConversionStage 6
Construction-Plan AuthorizationStage 7
Pre-Use InspectionStage 7
Implementation-plan approval under the Special Act (one-stop)Special Act
The full permit pathwayPermits & Licensing

English translation of the governing law Premium members

Download English translation (unofficial) · PDF

KWI_EN_Protection-of-Military-Bases-and-Installations-Act_20240206_KLRI.pdf · 40 pages
Official English translation by the Korea Legislation Research Institute (KLRI) for the Korean text in force on 6 February 2024

Korean original ↗

English translations are provided for convenience. They are unofficial; the Korean original is authoritative.