(영문) 제주지방법원 2019.1.23.선고 2018구합5240 판결

1. On December 19, 2017, the Defendant’s disposition of rejecting an application for permission to alter the development and utilization of groundwater against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Details of the disposition;

A. The Plaintiff, as an affiliated company of the Hanjin Group established for the purpose of loading and unloading air freight, is currently running the business of manufacturing and selling drinking water with the trade name, i.e., the 3665-60 Gapo-si 365-60 Gapo-si, Seopopopo-si, by developing and using groundwater, and then supplying and selling it as drinking water.

B. At the time of August 30, 1984, the Plaintiff started to produce drinking water in Jeju-do with the permission for the business of manufacturing drinking water from the Minister of Health and Welfare. On December 31, 1991, the Special Act on Jeju-do Development was enacted, the Plaintiff obtained the permission for the development and utilization of groundwater of 6,075 meters per month from the Defendant on November 25, 1993, and after November 25, 1996, the permission for the development and utilization of groundwater of 3,000 meters per month from the Defendant on November 25, 1996. The Plaintiff obtained the permission for the development and utilization of groundwater of 3,00 meters per year or every other year from Jeju-do Special Act on the Development of Jeju-do, Jeju Free International City, Special Act on the Establishment of Jeju Special Self-Governing Province, or Special Act on the Development of Free International City (hereinafter referred to as the “Special Act on Jeju-do”) within the scope of 30,000 square meters per month and 10.

C. On March 30, 2017, the Plaintiff filed an application with the Defendant for permission to change the volume of the water intake permission from 3,000m a month to 4,500m a month (hereinafter “instant application”).

D. On May 27, 2017, the Defendant asked the Ministry of Government Legislation about whether permission to change is possible under the Jeju Special Act, and on September 13, 2017, the Defendant received a reply from the Ministry of Government Legislation to the effect that “if a person who manufactures and sells drinking spring water files an application for permission to change permission to increase the volume of water intake at the time when it would be deemed as such, permission to change is not permitted pursuant to Article 312(2) of the former Special Act on Jeju Special Act (wholly amended by Act No. 13426, Jul. 24, 2015; hereinafter the same) according to the transitional measure under the main sentence of Article 33 of the Addenda to the Jeju Special Act on Jeju Special Act (wholly amended by Act No. 13426, Jul. 24, 2015; hereinafter the same).”

E. Accordingly, on December 19, 2017, the Defendant rendered a disposition rejecting the Plaintiff’s instant application (hereinafter “instant disposition”) on the ground that permission for modification beyond the scope of permission established prior to the enforcement of the Jeju Special Act was not possible, based on the result of the response to the legal character of the Ministry of Government Legislation as above, based on the fact that the permission for modification was not permissible beyond the scope of permission

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The parties' assertion

1) Plaintiff

The Defendant, as the Plaintiff, construed the provisions of the Jeju Special Act as restricting the provision of Article 312 of the former Special Act on Jeju that the person for whom permission was deemed to have been granted pursuant to the transitional provision of Article 33 of the Addenda of the Jeju Special Act could not file an application for permission to alter the volume of the subsequent water intake. However, there is no ground for such restrictive interpretation in light of the language of the above provision. Thus, the instant disposition is based on arbitrary interpretation and application of the Jeju Special Act, and it cannot be deemed that there exist legitimate grounds for disposition. Even if the Defendant’s ground for disposition exists as alleged in the instant disposition, it is against the principle of equality in light of the fact that the Defendant continuously allowed the increase of the volume of water intake with respect to Jeju Special Act, unlike the Plaintiff, in light of the public interest achieved by the instant disposition and the disadvantages of infringement on the freedom of business or the right to property that the Plaintiff may suffer, and thus, the instant disposition should be revoked.

2) Defendant

In order to properly preserve and manage groundwater, the Jeju Special Act on the Development and Utilization of Groundwater, which was introduced in 191, has been strictly controlled by the permission system for the development and use of groundwater. In particular, Article 312 of the Jeju Special Act newly establishes a provision that limits the permission for the development and use of groundwater for the manufacture and sale of drinking spring water, and such principle continues to exist until now. Article 33 of the Addenda of the Jeju Special Act on the Development and Use of Groundwater is a transitional provision for the temporary protection of trust of a person who has obtained the permission for the development and use of groundwater before the introduction of the above restriction provision, and it is very limited to the extent that the above restriction provision does not undermine the purpose of legislation of the Jeju Special Act. Since Article 33 of the Addenda of the Jeju Special Act on the Development and Use of Groundwater is the same as that for the new permission corresponding to the amount of increase in the volume of water intake, it is difficult to interpret that Article 33 of the Addenda of the Jeju Special Act only allows the existing permission holder to develop and use groundwater within the scope of the previous permission, and there is no exception to the plaintiff's special Act on the development and use of drinking spring water.

(b) Related statutes;

It is as shown in the attached Form.

C. Determination

1) Relevant legal principles

The interpretation of statutes ought to be carried out in a way that finds specific validity within the extent that does not undermine legal stability. To this end, as far as possible, the interpretation of the statutes ought to be faithfully interpreted in the ordinary meaning of the language and text used in the statutes. Furthermore, the systematic and logical interpretation method that takes into account the legislative intent and title of the statutes in question, the history of the enactment and amendment thereof, the harmony with the entire legal order, and the relationship with other statutes ought to be followed by the request for the interpretation of the statutes in question (see, e.g., Supreme Court en banc Decision 2011Du19239, Jul. 5, 2012; Supreme Court Decision 2006Da81035, Apr. 23, 2009).

2) In the instant disposition:

Article 312 (1) of the former Special Act on Jeju provides that "Any person who intends to develop and utilize groundwater or spring water shall obtain permission from the Do branch office." Article 312 (2) of the former Special Act provides that "if a person who has obtained permission under the provisions of paragraph (1) intends to extend the period of development and use of groundwater or spring water or to modify permitted matters, among those who have obtained permission under the provisions of paragraph (1), he/she shall obtain permission from the Do governor, as prescribed by Provincial Ordinance." Article 33 of the Addenda of the Special Act on Jeju provides that "any person who has obtained permission for the development and use of groundwater or spring water under the previous provisions at the time this Act enters into force shall be deemed to have obtained permission from the Do governor under the provisions of Article 312." Furthermore, Article 379 of the current Special Act on Jeju provides that "Any person who intends to develop and utilize groundwater or spring water shall obtain permission from the Do Governor, among those who have obtained permission under the provisions of the main sentence of paragraph (1), the former Special Act shall obtain permission from the Do Governor.

According to the language and text of the above Jeju Special Act, a person who has obtained permission to develop and utilize groundwater under the previous provisions of the Act prior to the enforcement of the Jeju Special Act shall be deemed to have obtained permission from the Do Governor pursuant to Article 312 of the former Special Act on Jeju or Article 379 of the current Special Act on Jeju. Thus, the permission to extend or change permission shall be deemed to have been possible as a matter of course pursuant to Article 312(2) of the former Special Act on Jeju or Article 379(2) of the current Special Act on Jeju, and it is difficult to find a ground for the legal text that permission to change permission to a person who is deemed to have been granted permission to a new Act by the transitional provision of the former Special Act on Jeju is not allowed due to the transitional provision of the former Special Act on Jeju(Article 23 of the Addenda to the Jeju Special Act on Jeju Special Act, especially on the premise that permission to change is possible pursuant to Article 312(2) of the former Special Act).

Meanwhile, Article 380(1)1 and (2)1 of the current Special Act on Jeju, Article 312(3)1 of the former Special Act on Jeju, and Article 312(3)1 of the former Special Act on Jeju limits that permission for the development and sale of drinking spring water shall not be granted, except for local public enterprises established by Jeju Special Self-Governing Province for the proper transfer and management of groundwater in Jeju-do. In addition, this provision is not only established by the Special Act on Jeju, but also has the same provision under the former Special Act on Jeju-do Development and the Special Act on Jeju Free International City (the main sentence and proviso of Article 33(3)1 of the former Special Act on Jeju Free International City), Article 26(3)1 of the former Special Act on Jeju-do Development (wholly amended by Act No. 6643 of Jan. 26, 2002). Thus, it is difficult to interpret Article 36(2)12 of the former Special Act on Jeju-do Development and its new provision on the permission for the development of drinking spring water to the extent.

Furthermore, comprehensively taking into account various provisions of the Jeju Special Act and the Jeju Special Self-Governing Province Ordinance on the Management of Groundwater (hereinafter “the Jeju Special Self-Governing Province Ordinance on the Management of Groundwater”) under its delegation, the defendant may limit the volume of groundwater intake as prescribed by Provincial Ordinance if he/she considers it necessary for the proper preservation and management of groundwater in granting permission to change or extend existing permission, and even if he/she is a developer or user of groundwater already granted permission, he/she may also order the restriction on the volume of groundwater intake or the suspension of use as prescribed by Provincial Ordinance if he/she considers it necessary to prevent the exhaustion of groundwater due to droughts, excessive intake of groundwater, etc., and in particular, for the purpose of preserving the quality and quality of groundwater such as areas where the level of groundwater is significantly lowered or is highly likely to be lowered, it is difficult to clearly limit the period of permission for the development and utilization of groundwater and the volume of groundwater intake within the area or to achieve the purpose of legislation.

Therefore, the Defendant’s rejection of the instant application on grounds of restrictions on substantial volume of groundwater collection that may hinder the proper preservation and management of groundwater as stipulated in the Jeju Special Act or the Groundwater Management Ordinance, separate from the rejection of the application, and the rejection of the application to the effect that the person who is deemed to have been granted permission under the new Act is not allowed in accordance with Article 33 of the Addenda of the Jeju Special Act and Article 312 of the former Special Act on Jeju should be interpreted and applied in excess of the permissible limit of literal interpretation. Since the instant disposition is unlawful, it should be revoked (On the other hand, the Defendant asserted that the Plaintiff has no right to apply for permission since it was placed in a position where the Plaintiff is unable to be granted permission for development and use of groundwater from the beginning according to the enforcement of the amended Special Act on Jeju-do Development on January 28, 200, the Plaintiff did not have the right to apply for permission on the ground that it is difficult to deem it identical with the original disposition and the basic facts, and thus, it does not separately determine whether the Plaintiff’s application for permission for permission for change of Article 3 of the Special Act is permitted.

3. Conclusion

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

Judges

Kim Jin (Presiding Judge)

Kim Jong-Jin

Lee Jin-jin

Note tin

1) In the event that a person who has obtained a license under the preceding law pursuant to the transitional provision is deemed to have obtained a license under the new law after the enforcement of the new law, the previous permit

a license for a license again filed after the expiration of the term of validity shall be deemed to have been extended simply on the premise that the previous license is granted.

Since it is an administrative disposition with a new permission separate from the previous permission disposition rather than the administrative disposition, the permitting authority is a new law.

shall be deemed to be an application for re-permission under the regulations and shall be determined by newly determining whether the application meets the requirements for permission.

(See Supreme Court Decision 92Nu15314 delivered on June 29, 1993, etc.). Accordingly, such a legal doctrine is permitted to develop and utilize groundwater under the Special Act on Jeju.

If it is carried out as it is, the person who has obtained permission to develop and use groundwater for the purpose of manufacturing and selling drinking spring water before the Special Act on Jeju enters into force shall do so.

If the period expires, it is not possible to obtain permission for extension in accordance with Article 312(3) of the former Special Act on Jeju and subparagraph 1 of the proviso of Article 312(3).

B. In light of the fact that Article 23 of the Addenda of the Special Act on Jeju ( July 24, 2015) has a transitional provision, this provision shall apply for the enforcement period of the Special Act on Jeju.

There is no choice but to say that the permission for extension of the previous permission is continuously possible.

2) At the time of the amendment of the Special Act on Jeju-do Development on January 5, 1995, the provision that may limit permission at its discretion (Article 25) was first established, and thereafter.

On January 28, 200, the Special Act on Jeju-do Development was amended to the provisions that should be limited to the necessary permission in the process of amendment.

Site of separate sheet

Related Acts and subordinate statutes

▣ 제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법

Article 379 (Special Cases concerning Permission for Development, Utilization, etc. of Groundwater) (1) A person who intends to develop and utilize groundwater, spring water, etc. shall Article 7 of the Groundwater Act,

Notwithstanding Articles 7-2 and 8 of this Act, and Articles 9 and 10 of the Drinking Water Management Act, the Governor's permission shall be granted as prescribed by Provincial Ordinance.

1. The person shall receive the underground water: Provided, That in cases falling under Article 8 (1) 3 of the Groundwater Act, he/she shall report it

(2) The term of validity of permission for the development and utilization of groundwater, spring water, etc. shall be extended or obtained from among those who have obtained permission under the main sentence

Notwithstanding Article 7-3 of the Groundwater Act and Article 12 of the Drinking Water Management Act, the matters prescribed by Provincial Ordinance, if any, shall be amended.

As prescribed by the Do Governor, permission shall be obtained.

(3) A person who intends to obtain permission under paragraphs (1) and (2) shall prepare and submit a groundwater impact investigation report, as prescribed by Provincial Ordinance.

shall undergo an examination.

(4) Where necessary for the proper management of groundwater, the Governor shall develop and utilize groundwater to the surrounding land; or

(1) may order the user of the facility and the user of the facility to share the groundwater, and the procedure and management subject to such sharing, and

Other necessary matters shall be prescribed by Provincial Ordinance.

Article 380 (Restrictions on and Revocation of Permission for Development and Utilization of Groundwater) (1) The Do Governor shall manage the following fish for the proper preservation and management of groundwater:

If a person is found to fall under any of the circumstances, the permission under Article 379 (1) shall not be granted.

1. Where it is intended to manufacture and sell drinking spring water under subparagraph 3 of Article 3 of the Drinking Water Management Act;

2. Where he/she intends to manufacture and sell drinking saline groundwater under subparagraph 3-3 of Article 3 of the Drinking Water Management Act;

3. Where a person intends to manufacture and sell beverages, alcoholic beverages, etc. using groundwater for at least 98/100.

4. Where a special control district for groundwater resources is designated under Article 382;

5. Except as otherwise expressly provided for in subparagraphs 1 through 4, cases prescribed by Provincial Ordinance to prevent the pollution and excessive development of groundwater.

(2) Notwithstanding paragraph (1), the Governor shall not properly preserve and manage groundwater in any of the following cases:

The permission for the development and utilization of groundwater under Article 379 (1) may be granted to the extent that no head of the Gu exists.

1. Acts under paragraph (1) 1 through 3 by a local public enterprise established by Jeju Self-Governing Province pursuant to the Local Public Enterprises Act;

In the case of intended

2. Paragraph (1) 3 using saline groundwater under subparagraph 3-2 of Article 3 of the Drinking Water Management Act in an area designated and publicly announced by the Do Governor.

(2) In the case of the

3. Matters prescribed by Provincial Ordinance for public water supply, such as the development of public groundwater for waterworks or for the settlement of droughts;

case.

(3) The Governor shall conduct the following fishery activities by a person who has obtained permission for the development and utilization of groundwater, spring water, etc. or altered permission pursuant to Article 379:

If he/she falls under any of the categories, his/her permission may be revoked: Provided, That he/she falls under subparagraph 1 or Article 10 (1) of the Groundwater Act;

In cases falling under paragraph (1) 1, 7, or 8, permission shall be revoked.

1. Where permission for business has been revoked pursuant to Article 48 (1) of the Drinking Water Management Act;

2. If he/she falls under any subparagraph of Article 10 (1) of the Groundwater Act.

Article 381 (Restriction on Quantity of Groundwater Collection, Suspension of Utilization, etc.) (1) The Do Governor shall do any of the following acts to properly manage groundwater:

(b) In cases falling under B, the volume of groundwater intake by a developer and user of groundwater may be restricted, as prescribed by Provincial Ordinance.

1. Where the actual volume of groundwater utilization falls considerably short of the permitted volume;

2. Where deemed necessary to prevent the exhaustion of groundwater due to droughts, excessive intake of groundwater, etc.

(2) Matters necessary for calculating the volume of groundwater intake and raising objections under paragraph (1) shall be prescribed by Provincial Ordinance.

(3) The Governor shall comply with Provincial Ordinance to ensure the proper management of groundwater in any of the following cases:

Pursuant to such order, users of groundwater may be ordered to suspend the use of groundwater.

1. In cases of failure to comply with the measures for sharing groundwater under Article 379 (4);

2. Six persons despite a demand for payment and guidance on administrative procedures, etc. to a person who fails to pay the price for raw groundwater under Article 387.

Where the price for raw groundwater is not paid for a month or longer;

(4) The Governor shall lower the standard groundwater level observation well under Article 384 (3) below the standard groundwater level prescribed by Provincial Ordinance.

J. To take step-by-step measures, such as restricting the volume of water intake or temporary suspension of use, as provided for by Provincial Ordinance.

the corporation.

(5) If any ground for restricting the volume of water intake or suspending the use under paragraphs (1) through (4) ceases to exist, the Governor shall without delay.

The measures for restricting volume of water intake or suspending the use shall be released.

Article 382 (Designation and Management of Special Control Districts for Groundwater Resources) (1) The Do Governor shall apply to any of the following areas underground:

The designation and announcement of a special water resource control district may be made. The same shall also apply to any modification thereof.

1. An area where the groundwater level is significantly lowered or is highly likely to be lowered;

2. An area where there is a high risk of intrusion into seawater or saline water, or where the concentration of salt ions among groundwater exceeds the quality standards for drinking water;

4. Except as otherwise expressly provided for in subparagraphs 1 through 3, areas prescribed by Provincial Ordinance for the conservation of the volume and quality of groundwater.

(2) When a special control area for groundwater resources is designated and publicly announced pursuant to paragraph (1), the Governor shall designate and publicly announce groundwater resources in the relevant area.

A management plan shall be formulated.

(3) Matters necessary for the designation and public announcement of special control areas for groundwater resources and the formulation of management plans under paragraphs (1) and (2) shall be prescribed by Provincial Ordinance.

The determination shall be determined.

(4) Special control areas for groundwater resources under paragraph (1) or ground water resources conservation zones under Article 357 (2) in Jeju Self-Governing Province.

Articles 12 and 13 of the Groundwater Act shall not apply to cases prescribed in the aforesaid provisions.

▣ 제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법 부칙(2015. 7. 24.)

Article 23 (Transitional Measures Concerning Permission to Develop and Utilize Groundwater) Establishment of Jeju Special Self-Governing Province and Development of Free International City Act No. 7849

A person who has obtained permission, etc. for the development and utilization of groundwater pursuant to the previous provisions as of July 1, 2006, which was the enforcement date of the Special Act for B.

The permission of the Do Governor under Article 379 of this Act shall be deemed obtained under this Act.

▣ 구 제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법(2015. 7. 24. 법률 제13426호로 전부개정되기 전의 것)

Article 312 (Special Cases concerning Permission for Development, Utilization, etc. of Groundwater) (1) A person who intends to develop and utilize groundwater shall be governed by Articles 7 and 7 of the Groundwater Act.

Notwithstanding Articles 2, 7-3 and 8 of this Act and Articles 9, 10 and 12 of the Drinking Water Management Act, permission from the Do Governor shall be obtained: Provided, That it shall be obtained:

In cases falling under Article 8 (1) 3 of the Groundwater Act, it shall be reported to the Do Governor.

(2) The extension of the development and utilization period of groundwater and spring water or the modification of permitted matters, from among those who have obtained permission pursuant to paragraph (1).

In order to obtain permission from the Governor, such permission shall be obtained as prescribed by Provincial Ordinance.

(3) The Governor shall do so under the provisions of paragraph (1) in any of the following cases for the proper preservation and management of groundwater:

local public enterprises established by Jeju Self-Governing Province pursuant to the Local Public Enterprises Act shall not be granted permission: Provided, That the preservation of groundwater by local public enterprises

The salt underground in an area designated and publicly announced by the Do Governor, where it falls under subparagraph 1 or 2, to the extent that does not impede management;

Where products referred to in subparagraph 2 are manufactured or sold using a week (referring to groundwater containing a large quantity of salt)

this provision.

1. A person who intends to manufacture and sell drinking spring water under subparagraph 3 of Article 3 of the Drinking Water Management Act or drinking saline groundwater under subparagraph 3-3 of the same Article;

case.

2. Where he/she intends to manufacture and sell soft drinks, alcoholic liquors, etc. using at least 98/100 of groundwater.

3. Other cases prescribed by Provincial Ordinance to prevent the pollution and excessive development of groundwater.

(4) Any person who intends to obtain permission for the development and utilization of groundwater (including extension of the period of permission and permission for changes) pursuant to paragraphs (1) and (2).

A person shall prepare and submit a groundwater impact investigation report and undergo an examination, as prescribed by Provincial Ordinance.

(5) The Governor shall recognize that it is necessary for the proper management of groundwater in granting permission under paragraphs (1) and (2).

If necessary, the volume of groundwater intake may be limited as provided for by Provincial Ordinance.

(6) Where the Governor deems it necessary for the proper management of groundwater, he/she shall establish the facilities for the development and utilization of groundwater.

An order to take measures for sharing groundwater with users of surrounding land or facilities, as prescribed by Provincial Ordinance.

(C) limit the volume of water intake for a person who refuses or fails to take a measure for common use without good cause.

Permission for the development and utilization of groundwater may be revoked.

(7) The Governor shall deem it necessary to prevent the exhaustion, etc. of groundwater due to droughts, excessive collection of groundwater, etc.

In cases of restricting the volume of water intake and suspending temporary use, measures may be taken step by step, as provided for by Provincial Ordinance.

(c)

(8) The Governor shall generated any of the following areas in a special control area for groundwater resources, as prescribed by Provincial Ordinance:

The designation may be made as prescribed by Provincial Ordinance. In such cases, the details thereof shall be publicly notified, as prescribed by Provincial Ordinance.

1. An area where the groundwater level is significantly lowered or is highly likely to be lowered;

2. An area where there is a high risk of intrusion into seawater or saline water, or where the concentration of salt ions exceeds the quality standards for drinking water;

3. An area where it is necessary to restrict the development and utilization of groundwater for future demand for water;

4. Other areas prescribed by Provincial Ordinance for the preservation of the volume and quality of groundwater.

(9) When the Governor designates and announces a special control area for ground water resources under paragraph (8), he/she shall do so as prescribed by Provincial Ordinance.

A management plan for groundwater resources in the zone concerned shall be formulated.

(1) The provisions of paragraphs (8) and (9) shall apply mutatis mutandis to the modification of special control areas for groundwater resources.

(1) The Governor shall permit the development and utilization of groundwater in special control areas for groundwater resources, the period of permission and period therefor, as prescribed by Provincial Ordinance.

Water intake volume, etc. may be restricted.

(2) Where a person who has obtained permission or permission for alteration pursuant to paragraphs (1) and (2) falls under any of the following subparagraphs:

the permission may be revoked: Provided, That it falls under Article 10 (1) 1, 7, and 8 of the Groundwater Act among subparagraph 1.

shall be revoked in the case of subparagraph 2 of this subsection.

1. If he/she falls under any subparagraph of Article 10 (1) of the Groundwater Act;

2. Where the business permission has been cancelled under Article 48 (1) of the Management of Drinking Water Act; and

(3) Local public enterprises established by Jeju Self-Governing Province pursuant to the Local Public Enterprises Act shall provide drinking spring water, soft beverage, alcoholic beverage, etc. under paragraph (3).

In cases of manufacturing and selling, it shall be manufactured and sold within the scope of the volume of water intake permitted pursuant to paragraph (5).

(4) Impact on groundwater under paragraph (4) in cases of permission for the development and utilization of groundwater, and permission for extension or modification of the period of use under paragraphs (1) and (2)

When submitting an investigation report and undergoing an examination, submission of an impact review report under Article 52 of the Water Supply and Waterworks Installation Act and Article 29 of the Enforcement Decree of the same Act

An omission may be omitted.

▣ 제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법 부칙(2006. 2. 21.)

Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2006.

Article 3 (Abolition of Other Acts) The Special Act on Jeju Free International City shall be repealed.

Article 33 (Transitional Measures Concerning Permission for Development and Utilization of Groundwater) The development and utilization of groundwater pursuant to the previous provisions at the time this Act enters into force.

A person who has obtained permission, etc. shall be deemed to have obtained permission from the Do Governor under the provisions of Article 312: Provided, That it shall be deemed to have been

In the event that a report on the completion of a project under Article 9 of the Act is not accepted, the place under Article 312 of this Act;

Permission for the development and use of sewage, etc. shall be obtained.

▣ 구 제주국제자유도시특별법(2006. 2. 21. 법률 제7849호로 폐지되기 전의 것)

Article 33 (Special Cases concerning Permission for Development and Utilization of Groundwater) (1) A person who intends to develop and utilize groundwater in Jeju-do shall be entitled to Article 7 of the Groundwater Act.

Notwithstanding the provisions of Articles 7-2, 7-3, and 8 of this Act and Article 9-2 of the Management of Drinking Water Act, permission from the Do Governor shall be obtained.

Only, the same shall not apply to the case of Article 8 (1) 3 of the Groundwater Act.

(2) Any person who extends the period for the development and utilization of groundwater or changes permitted matters from among those who have obtained permission pursuant to paragraph (1).

In cases, the permission of the Governor shall be obtained as prescribed by Provincial Ordinance.

(3) The Governor shall grant permission under paragraph (1) in cases falling under any of the following subparagraphs for the proper preservation and management of groundwater:

(1) A local public enterprise established by Jeju-do under the Local Public Enterprises Act shall not hinder the preservation and management of groundwater;

to the extent that it is intended to manufacture and sell the products referred to in subparagraph 1, this shall not apply.

1. Where it is intended to manufacture and sell drinking spring water under subparagraph 3 of Article 3 of the Management of Drinking Water Act;

2. Where he/she intends to manufacture and sell soft drinks, alcoholic liquors, etc. using at least 98/100 of groundwater.

3. Other cases prescribed by Provincial Ordinance to prevent the pollution and excessive development of groundwater.

A person shall prepare and submit a groundwater impact investigation report and undergo an examination, as prescribed by Provincial Ordinance.

(5) The Governor shall recognize that it is necessary for the proper management of groundwater in granting permission under paragraphs (1) and (2).

If necessary, the volume of groundwater intake may be limited as provided for by Provincial Ordinance.

(6) Where the Governor deems it necessary for the proper management of groundwater, he/she shall establish the facilities for the development and utilization of groundwater.

An order to take measures for sharing groundwater with users of surrounding land or facilities, as prescribed by Provincial Ordinance.

In this case, the volume of water intake shall be restricted for those who refuse or fail to take the joint-use measures without justifiable reasons.

(b) The permission for the development and utilization of groundwater may be revoked.

(7) The Governor shall deem it necessary to prevent the exhaustion, etc. of groundwater due to droughts, excessive collection of groundwater, etc.

In cases of restricting the volume of water intake and suspending temporary use, measures may be taken step by step, as provided for by Provincial Ordinance.

(c)

(8) The Governor shall designate any of the following areas as special control areas for groundwater resources, as prescribed by Provincial Ordinance:

(1) In such cases, the details thereof shall be publicly notified as prescribed by Provincial Ordinance.

1. An area where the groundwater level is remarkably lowered or is highly likely to be lowered;

2. Where seawater or salt water is highly feared to intrude, or where the concentration of salt ion in groundwater exceeds the water quality standards for drinking water;

Area

3. An area where it is necessary to restrict the development and utilization of groundwater for future demand for water;

4. Other areas prescribed by Provincial Ordinance for the preservation of the volume and quality of groundwater.

(9) When the Governor designates and announces a special control area for ground water resources under paragraph (8), he/she shall do so as prescribed by Provincial Ordinance.

A management plan for groundwater resources in the zone concerned shall be formulated.

(1) The provisions of paragraphs (8) and (9) shall apply mutatis mutandis to the modification of special control areas for groundwater resources.

(1) The Governor shall permit the development and utilization of groundwater in special control areas for groundwater resources, and the period and approval period of such permission as prescribed by Provincial Ordinance.

the quantity, etc. may be restricted.

(2) Where a person who has obtained permission under paragraph (1) falls under any of the following subparagraphs, the Do governor may revoke the permission:

(c) in the case of subparagraph 1, or in the case of subparagraph 1, or subparagraph 2, of Article 10 (1) 1, 8, or 9 of the Groundwater Act;

shall revoke the license.

1. Where he falls under each subparagraph of Article 10 (1) of the Groundwater Act; and

2. Where a business permission has been cancelled under Article 40 (1) of the Management of Drinking Water Act; and

▣ 구 제주도개발특별법(2002. 1. 26. 법률 제6643호 제주국제자유도시특별법으로 전부개정 되기 전의 것 )

Article 26 (Special Cases concerning Permission, etc. for Development and Utilization of Groundwater) (1) A person who intends to develop and utilize groundwater in a Do shall obtain permission for the development and utilization of groundwater Article 7

Notwithstanding the provisions of Article 8, permission from the Do Governor shall be obtained under this Act: Provided, That in cases of Article 8 (1) 3 of the same Act:

this paragraph shall not apply.

(2) Any person who extends the period for the development and utilization of groundwater or changes permitted matters from among those who have obtained permission pursuant to paragraph (1).

In cases, the permission of the Governor shall be obtained as prescribed by Provincial Ordinance.

(3) The Governor shall do so under the provisions of paragraphs (1) and (2) in cases falling under any of the following subparagraphs for the proper preservation and management of groundwater:

local public enterprises established by the Do under the Local Public Enterprises Act shall not be granted permission: Provided, That such local public enterprises shall interfere with the preservation and management of groundwater;

The same shall not apply where it is intended to manufacture or sell the products referred to in subparagraph 1 to the extent that it is not possible.

1. Where it is intended to manufacture and sell drinking spring water under subparagraph 3 of Article 3 of the Management of Drinking Water Act;

2. Where he/she intends to manufacture and sell soft drinks, alcoholic beverages, etc. using groundwater of at least 98/100.

3. Other cases prescribed by Provincial Ordinance for the prevention of groundwater pollution.

(4) Any person who intends to obtain permission (including permission to extend or alter a period of time) for the development and utilization of groundwater under paragraphs (1) and (2).

A person shall prepare and submit a groundwater impact investigation report and undergo an examination, as prescribed by Provincial Ordinance.

(5) The Governor shall recognize that it is necessary for the proper management of groundwater in granting permission under paragraphs (1) and (2).

When the development and utilization facilities are conducted, users of surrounding land or facilities and groundwater shall be shared with the installer of the facilities.

An order to take measures. In such cases, if an applicant refuses or fails to comply with measures for sharing without just cause, the volume of water intake

limit or permit may be revoked.

(6) The Governor shall designate and raise any of the following areas as special control areas for groundwater resources, as prescribed by Provincial Ordinance:

The Si may limit the permission and period for the development and utilization of groundwater, limit the volume of water intake, etc.

1. An area in which the quantity of groundwater developed exceeds 80/100 of the adequate development quantity;

2. An area where a remarkable fall in groundwater level has occurred or is highly likely to occur;

3. An area in which seawater is highly likely to pollute seawater or the concentration of salt ions in groundwater exceeds the quality standards of drinking water;

4. An area where it is necessary to restrict the development and utilization of groundwater for future demand for water;

5. Other areas as prescribed by Provincial Ordinance for the preservation of the volume and quality of groundwater.

(7) When the Governor designates a special control area for ground water resources under paragraph (6), he/she shall do so, as prescribed by Provincial Ordinance.

A groundwater management plan in the zone shall be formulated and implemented.

▣ 제주도개발특별법 부칙(2000. 1. 28.)

Article 13 (General Transitional Measures) Any disposition procedures and other actions under the previous provisions at the time this Act enters into force, shall not conflict with the provisions of this Act.

shall be deemed to have been effected under the provisions of this Act unless otherwise

▣ 구 제주도개발특별법(2000. 1. 28. 법률 제6249호로 전부개정되기 전의 것)

Article 25 (Permission, etc. for Excavation and Utilization of Groundwater) (1) Excavation of land for the purpose of putting groundwater into water in a Do or utilization of groundwater.

A person who intends to obtain permission from the Do Governor as prescribed by Presidential Decree: Provided, That in cases of the State, the Do Governor in advance.

shall consult with the Corporation.

(2) Notwithstanding the provisions of paragraph (1), permission to excavate and utilize groundwater for the purpose of manufacturing and selling mineral drinking water shall be granted for the preservation of groundwater.

The restriction may be made for the proper management: Provided, That the groundwater of the local government or the local public enterprise under the Local Public Enterprises Act shall be

The same shall not apply to cases where a person intends to manufacture and sell optical beverages to the extent that it does not impede the preservation and management of such beverages.

snow 195.5

(3) The Governor shall not grant permission under paragraph (1) in any of the following cases:

1. Where it is deemed that there is a possibility of remarkably affecting the volume, quality, etc. of existing groundwater to be developed;

2. Where it is deemed that it might pollute the environment or damage the natural ecosystem; and

3. Where it is deemed that there is a possibility of damaging public interest, such as hindering the proper management of groundwater or public use;

(4) The Governor shall impose the price for raw water on a person who uses groundwater after obtaining permission for the utilization of groundwater under the provisions of paragraph (1).

may be collected.

(5) The Governor shall make use of groundwater by a person who has obtained permission for the utilization of groundwater under the provisions of paragraph (1).

Where a payment is not made by the designated deadline, local taxes in arrears may be collected in the same manner as delinquent local taxes are collected.

⑥ 제4항의 규정에 의한 원수대금의 부과대상 부과기준 부과를 산정방법 및 부과·징수절차는 대통령령으로 정한 ▣ 제주특별자치도 지하수 관리 조례

Article 8 (Restrictions, etc. on Permission for Development and Utilization of Groundwater) ① Cases prescribed by the Ordinance of the Do in Article 380(1)5 of the Jeju Special Act shall be as follows:

Where it is intended to develop and utilize groundwater in an area falling under any of the following subparagraphs: Provided, That the purpose of survey and observation is to install it.

cases shall be excluded.

5. A basin in which the volume of groundwater intake permission exceeds the sustainable exploitable volume of groundwater based on the comprehensive water resources plan.

11. A facility in the vicinity where the collection of groundwater is likely to exhaust the source of water or cause subsidence of the ground thereof;

(1) If it is likely to harm the safety of the State;

12. Where it is apprehended to pollute groundwater or to damage the natural ecosystem;

13. The proper management of groundwater, or an urban/Gun management plan or other public projects under the National Land Planning and Utilization Act;

(2) If there is a concern to the extent that the

14. The Governor need to restrict the development and utilization of groundwater for reasons such as impacting on the volume of a river under the River Act.

In the case of recognition

Article 11 (Extension of Term of Validity of Permission for Development and Utilization of Groundwater) (2) Do Governor intends to extend the term of validity of permission for development and utilization of groundwater

In cases falling under any subparagraph of Article 381 (1) of the Special Act on Jeju, the amount of permission for the intake of groundwater shall be reduced.

may be deemed to be a party.

Article 16 (Restrictions, etc. on Quantity of Groundwater Collection) (1) The quantity of groundwater intake restricted in accordance with Article 381 (2) of the Special Act on Jeju shall be monthly water intake for each government office.

The quantity shall be based on the quantity, and shall be comprehensively taken into account the characteristics of the use of groundwater by season, the volume of groundwater used, the quality inspection data, etc.

The volume of water intake shall be calculated: Provided, That the reduction in volume of water intake may be adjusted within the limit of 30/100 of the permitted volume of water intake.

(2) "Where the actual volume of groundwater used falls substantially below the permissible volume" in Article 381 (1) 1 of the Special Act on Jeju means the latest three years.

A monthly maximum volume of groundwater used is less than 50/100 of the permitted volume of groundwater collected during a year.

(3) "Cases deemed necessary to prevent the exhaustion, etc. of groundwater" in Article 381 (1) 2 of the Special Act on Jeju means the following:

Cases falling under any of the following subparagraphs:

1. Development and utilization of groundwater in an area where seawater has occurred or is likely to occur due to excessive utilization of groundwater;

In the case

2. Development of groundwater in an area where salt ion concentration exceeds the quality standards for drinking water under Article 5 of the Management of Drinking Water Act;

applicable in the case of use

(4) Pursuant to Article 381 (4) of the Special Act on Jeju, the Do Governor shall grant the standard water levels for each basin under Article 32 (2).

Where the daily average level at least 1/2 of the observation well does not exceed the standard level by phase continuously for at least seven consecutive days, the case shall be

Withdrawal of measures for the development and users of groundwater in each phase, such as restrictions on the volume of groundwater intake, restrictions on the hours of air-conditioning operation, suspension of use, etc.

of this section.

Article 22 (Designation, etc. of Special Control Area for Groundwater Resources) (1) "Areas prescribed by Do Ordinance" in Article 382 (1) 4 of the Special Act on Jeju means the area.

The term "area" means any of the following areas:

1. Water intake volume and water quality conservation of water sources or agricultural water installed by the State or Jeju Self-Governing Province;

2. The groundwater pollution that causes trouble to the utilization of groundwater or is likely to cause trouble to the future utilization of groundwater;

Area

3. An area requiring preservation and management, such as restrictions on permission for groundwater, in order to increase the volume of groundwater cultivated;

심급 사건

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