Research Report
Study on Improvement Measures for Land Purchase Claims and Related Issues under the Designation of Protected Areas in Military Base Legislation
Ⅰ. Background and Purpose of Research
▶ Recently, the government has emphasized “the protection of citizens’ property rights through the release of military facility protection zones,” as part of its efforts to safeguard public interests. To achieve this, it has been consolidating dispersed military facilities and releasing military protection zones except for essential areas, thereby aiming to protect citizens’ property rights and promote civil-military coexistence.
○ Whether the release and reduction of military facility protection zones, along with the stringent land purchase claim system, are appropriate for protecting citizens’ property rights has long been a recurring social issue.
- Although the Protection of Military Bases and Installations Act provides for a land purchase claim system, its strict requirements have limited its practical effectiveness, creating a need for improvement.
※ Under the Protection of Military Bases and Installations Act, protection zones are associated not only with restrictions on the exercise of property rights, decreases in economic value, and administrative burdens, but also with additional issues such as the concentration of designations in specific areas (e.g., border regions), increased risk of noise and vibration damage, accidental explosions and mines, safety hazards, and severe environmental pollution caused by heavy metals, chemicals, and emissions from military facilities.
○ This study seeks to review measures to improve relevant statutes and regulations under the Protection of Military Bases and Installations Act so as to protect the property rights of landowners within protection zones, while ensuring a proper balance between military operations and base defense within these areas.
- Focusing on Chapter 5 (Requests for Purchase of Land and Claims for Compensation of Losses) of the Protection of Military Bases and Installations Act, the study examines improvement measures for related subordinate laws and administrative rules. It also considers the nature of protection zones designated for national defense purposes, aiming to strike an appropriate balance between public interest and private rights, and to develop policy solutions suited to Korea’s current socioeconomic conditions, including the revitalization of underdeveloped regional economies.
Ⅱ. Contents
▶ In reviewing legislative parallels relevant to potential amendments to the Protection of Military Bases and Installations Act regarding land purchase claims, the following key points have been identified:
○ As in the cases of resident support projects under Article 16 of the Act on Special Mersures for Designation and Management of Developement Restriction Zones and Article 17-2 of the Special Act on the Preservation and Promotion of Ancient Cities, it may be considered to establish a legal basis in the Protection of Military Bases and Installations Act to introduce resident support projects aimed at improving the quality of life of residents living in areas designated as protection zones.
○ In the case of the River Act, Article 79 was amended to expand the scope of land purchase claims from “land” to “land, buildings, and other objects affixed to the land.” Likewise, Article 34-5(4) of the Coastal Management Act and Article 19 of the Special Act on the Preservation and Promotion of Ancient Cities also extended the claimable scope to include structures and fixtures. Following these examples, the Protection of Military Bases and Installations Act could be revised to include not only land but also affixed objects within its land purchase claim provisions.
○ Under the Enforcement Decree of the River Act, Articles 84 and 85 detail criteria and valuation methods for acquiring land and fixtures. Land and buildings incorporated into river zones and rendered unusable in their intended manner are valued based on the standard market price set forth in the Local Tax Act at the time of the purchase claim. If no such valuation exists, prices are determined by comparison with similar property transactions in nearby areas. If the Protection of Military Bases and Installations Act were likewise expanded to include buildings beyond land, it could reference amendments that apply valuation methods consistent with the Protection of Military Bases and Installations Act on the Compensation of Land, etc. for Public Works Projects, instead of relying solely on the individually published land price under Article 11 of Act on the Public Announcement of Real Estate Values.
○ To expand the scope of land and related property eligible for purchase, it is possible to consider relaxing requirements as in Article 34 of the Enforcement Decree of the Act on Urban Parks and Green Areas and Article 22-2(2) of the Special Act on the Preservation and Promotion of Ancient Cities. These provisions apply when the average published land price is less than 70 percent of the standard, thereby broadening eligibility.
○ As seen in Article 80(3) of the River Act, Article 34-5(3) of the Coastal Management Act, and Article 19(3) of the Special Act on the Preservation and Promotion of Ancient Cities, compensation amounts, timing, methods, and criteria for land, buildings, and other fixed property could be determined by referencing the Protection of Military Bases and Installations Act on the Act on Acquisition of and Compensation for Land foe Public Works Projects.
○ Legislative precedents such as Article 19-2 (Exemption from Various Charges) and Article 21 (Tax Reduction) of the Special Act on the Preservation and Promotion of Ancient Cities could be useful references when amending the Protection of Military Bases and Installations Act. These provisions can help revitalize depressed border regions whose economies have been impacted by the designation of protection zones.
▶ Foreign legislative precedents and implications for protected zones and land purchase
○ In the United States, military base and surrounding land management and disposal are conducted primarily under the National Defense Authorization Act (NDAA) through various programs.
- The NDAA is a federal law that allocates the annual budget and expenditures of the Department of Defense, providing direct and detailed regulations on base closures, transfers, and facility expansions. The Readiness and Environmental Protection Integration (REPI) program aims to avoid land-use conflicts near military facilities, resolve environmental constraints that limit military operations, enhance the resilience of military installations, and maintain operational readiness.
○ In Japan, efforts to alleviate damage caused by military bases focus on improving the living environment for local residents, primarily through public facility development.
- The Protection of Military Bases and Installations Act on Improvement of the Living Environment of Areas Around Defense Facilities aims for the government to purchase land in affected areas or support improvement projects to enhance residents' living conditions and promote regional development.
- The Protection of Military Bases and Installations Act on the Review and Regulation of the Use of Real Estate Surrounding Important and on Remote Territorial Islands regulates foreign capital ownership and use of land near critical national security facilities (such as the Self-Defense Forces and U.S. military bases) and border areas.
▶ Improvement Measures for Designation of Protection Zones and Land Purchase Claims
○ Improvement Measures for the Protection of Military Bases and Installations Act
- It may be necessary to amend Article 17 to expand the scope from land only to include buildings and other fixtures on the land. Unnecessary phrases like "within the budget" should also be cleaned up.
- Introduce a new Article 17-2 to separate procedures for land purchase claims into a distinct provision, specifying procedural matters impacting citizens’ property rights such as notification obligations, purchase periods, and purchase duties. It should mandate fair price evaluation based on the Protection of Military Bases and Installations Act on the Compensation of Land, correcting unjust discrimination between negotiated purchases and owner claims, with other procedures set by the Ministry of National Defense.
- Amend Article 18 to allow presidential decrees to specify detailed provisions on appraisal costs and to introduce flexibility for matters like price reductions exceeding 30% through presidential decrees instead of direct legal stipulation.
- Amend Article 19 to include owners of buildings and fixtures as subjects eligible for negotiated purchase alongside landowners.
- Amend Article 20 to extend the claim period for compensation from an excessively strict one year to up to five years.
- Introduce Article 20-2 to establish resident support projects to enhance welfare for people living in designated protection zones, enabling the government to implement support initiatives.
- Introduce Article 20-3 to allow exemptions from various development-related charges in designated protection zones to stimulate the local economy.
- Introduce Article 20-4 to allow tax reductions in protection zones, fostering private sector transactions and revitalizing economically depressed areas.
○ The proposed improvements for the Enforcement Decree of the Protection of Military Bases and Installations Act include:
- Amending Article 19 to explicitly expand the scope of purchase targets from land alone to include fixtures such as buildings.
- Amending Article 20 to remove items that were upgraded to the law level and regulate remaining procedural details; also ensuring price determination for land and fixtures follows the compensation standards under the Protection of Military Bases and Installations Act on the Compensation of Land, etc.
- Introducing a new Article 20-2 to concretize the purchase claim period within 3 years, as delegated by the law.
- Adding Article 22-3 to define detailed procedures for notifying and paying appraisal fees.
- Adding Article 22-4 to specify the percentage set by the law (30%) concretely.
○ The improvement measures for the Protection of Military Bases and Installations Act Enforcement Rules include the following:
- Article 10 can be revised to improve the wording based on common legislative practices and to allow submitting additional related documents along with the application.
- Since the notification of appraisal fee payments specified in Article 11 has been moved to the Presidential Decree, this article can be deleted.
○ Regarding the Protection of Military Bases and Installations Protection Zone Management Directive:
- Chapter 5, which covers land purchase claims and grievance management, can be amended to expand the scope of purchase targets to include buildings and fixtures in addition to land.
○ Regarding the improvement direction for the Ministry of National Defense's management of state-owned property:
- In foreign countries, legislation and case examples on the management and disposal of land due to military base closures or relocations are relatively accessible. They actively cooperate with local governments, non-profit organizations, and related groups to utilize these properties for the welfare of local residents and protection of the natural environment.
- In South Korea, due to the ongoing extreme confrontation between North and South Korea, government policies and discussions on the utilization of state-owned property under the Ministry of National Defense have not been actively developed. Since there has been little land acquired through the exercise of land purchase claims addressed in this study, there is currently a low necessity for extensive improvement of the Ministry of National Defense’s state-owned property management regulations.
Ⅲ. Expected Effects
▶ Contributing to legislative refinement:
○ The proposed amendments to the Protection of Military Bases and Installations Act, its Enforcement Decree, and Enforcement Rules.
○ Useful in amending administrative rules like the Protection of Military Bases and Installations Protection Zone Management Directive and Ministry of National Defense’s State Property Management Directive.
▶ Basis for policy and research:
○ Supporting development and enforcement of management plans for protection zones. Providing foundational data for related policy studies and research.