(1) Reasons for Proposal
As the Military Airfield and Shooting Range Noise Prevention and Damage Compensation Act is set to take effect on February 27, 2020, the Enforcement Decree aims to set forth matters delegated by the Act, such as the assessment cycle and standards for noise levels, the standards for noise levels by areas requiring countermeasures against noise, targets, standards, amount of compensation, and application procedures, as well as matters necessary for the enforcement thereof by Presidential Decree.
(2) Major Provisions
A. Assessment of Noise Levels, Etc. at Military Airfields and Shooting Ranges (Article 2)
Prescribe the grounds for conducting noise assessment, etc. by dividing those subject to noise level assessment according to priority and for excluding firearm shooting ranges from the targets of noise assessment, as well as the processing procedures therefor.
B. Designation and Public Notification of Areas Requiring Countermeasures Against Noise (Article 3)
Prescribe calculation units and standards for noise levels in areas requiring countermeasures against noise for military airfields and shooting ranges and set the validity evaluation cycle to be five years.
C. Establishment and Enforcement of Master Plans (Articles 4 and 5)
Assign duties to the Minister of National Defense to prescribe the procedures for gathering opinions from local governments and residents when establishing master plans, and ensure that the Chief of Staff of each military force formulates implementation plans each year for the execution of master plans.
D. Installation of Automatic Noise Measurement Networks (Articles 6, 7, 8, and 9)
Specify the grounds for the Minister of National Defense to delegate the tasks of installing automatic noise measurement networks to the Chief of Staff of each military force, and formulate claim procedures for the compensation for loss, cost of restoration, etc. incurred when using other people's land for installing measurement networks.
E. Noise Compensation Calculation Standards (Article 11)
Set forth the targets of compensation, compensation period, compensation amount standards in areas requiring countermeasures against noise, calculation standards for compensation in proportion to the number of shooting days, and reduction standards according to the time of residential registration.
F. Compensation Payment Procedure (Articles 12 through 21)
Prescribe the implementation methods, forms, legal deadlines, initial date or reckoning for compensation, etc. in detail for a series of procedures pertaining to the payment of compensation (application, deliberation, decision, objection, re-deliberation request, payment, etc.).
G. Composition and Operation of Committee on Countermeasures Against Noise (Articles 22 through 26)
Provide the composition and operational method of central and local committees on countermeasures against noise, and the reasons for disqualification as well as the standards for the exclusion, challenge, evasion, and dismissal of members.