1. Reasons for Enactment

Mines are currently being detected and removed as part of military operational controls of the Joint Chiefs of Staff without explicit legal grounds. This has persistently raised various issues concerning restrictions on, and compensation for, property rights as well as mine detection and removal procedures. Accordingly, this enactment prescribes legal grounds and procedures regarding mine detection, removal, and other mine clearing activities, thereby ensuring the systematic and efficient detection and removal of mines that have no military necessity, protecting the lives and property of the people, and promoting the efficient use of national land. It also introduces an agency system for the detection and removal of mines, etc., thereby prescribing legal grounds on which private professionals can participate in the detection and removal of mines, etc.

2. Major Provisions

A. Formulation, etc. of master plans and action plans (Articles 7 and 8)

Prescribe that the Minister of National Defense shall formulate a master plan on mine clearing activities, including the objectives and basic aims of the detection and removal of mines, etc., every five years, and formulate and implement yearly action plans that include such matters as the scope of detection and removal of mines, etc., in accordance with the master plan and whether third-party service providers will be commissioned for detection and removal work.

B. Establishment and functions of the mine clearing activities committee, etc. (Article 9)

Prescribe that a mine clearing activities committee shall be established under the Minister of National Defense to deliberate and vote on matters concerning the master plan, action plans, and other mine clearing activities. Specify that the committee shall consist of up to 20 members including the chair, official members, and commissioned members.

C. Third-party providers of mine, etc. detection and removal services (Article 10)

Prescribe that the detection and removal of mines, etc., shall be carried out by the Minister of National Defense, provided that the work may be delegated to the chair of the Joint Chiefs of Staff or each Chief of Staff, or,  if deemed necessary, to a qualified corporation or organization that meets certain requirements concerning equipment, personnel, capital, etc.

D. Confirmation of safe zones free of mines, etc. (Articles 14 and 15)

Require any mine removal service provider who has completed the removal of mines, etc., to report the completion to the Minister of National Defense, and allow the Minister of National Defense to confirm the area as a safe zone free of mines, etc., after deliberation by the mine clearing activities committee.

E. Management and supervision of mine, etc. detection and removal service providers (Articles 17 and 18)

Prescribe that the Minister of National Defense shall check whether mine, etc., detection and removal service providers perform their duties in accordance with the relevant execution plan, and can terminate a service contract if a third-party provider of mine, etc., detection and removal services submits false information regarding its qualifications, deliberately detonates a mine, etc., or falls under other specified circumstances.

F. Access to land owned by others and damage compensation  (Articles 22 and 23)

Prescribe that the Minister of National Defense or a mine, etc., detection and removal service provider may allow affiliated public officials or employees to access land owned by others or modify or remove obstacles if necessary for mine clearing activities, and that the Minister of National Defense shall compensate for the resulting damages.