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ENFORCEMENT DECREE OF THE NATIONAL LAND PLANNING AND UTILIZATION ACT

Presidential Decree No. 17816, Dec. 26, 2002

Amended by Presidential Decree No. 18044, jun. 30, 2003

Presidential Decree No. 18108, Sep. 29, 2003

Presidential Decree No. 18146, Nov. 29, 2003

Presidential Decree No. 18240, Jan. 20, 2004

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18680, Jan. 15, 2005

Presidential Decree No. 18978, Jul. 27, 2005

Presidential Decree No. 19036, Sep. 8, 2005

Presidential Decree No. 19073, Sep. 30, 2005

Presidential Decree No. 19130, Nov. 11, 2005

Presidential Decree No. 19206, Dec. 28, 2005

Presidential Decree No. 19239, Dec. 30, 2005

Presidential Decree No. 19400, Mar. 23, 2006

Presidential Decree No. 19422, Mar. 29, 2006

Presidential Decree No. 19463, Apr. 28, 2006

Presidential Decree No. 19503, jun. 7, 2006

Presidential Decree No. 19586, jun. 30, 2006

Presidential Decree No. 19639, Aug. 4, 2006

Presidential Decree No. 19647, Aug. 17, 2006

Presidential Decree No. 20009, Apr. 19, 2007

Presidential Decree No. 20535, Jan. 8, 2008

Presidential Decree No. 20585, Jan. 31, 2008

Presidential Decree No. 20647, Feb. 22, 2008

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 20791, May 26, 2008

Presidential Decree No. 20941, Jul. 28, 2008

Presidential Decree No. 21019, Sep. 18, 2008

Presidential Decree No. 21038, Sep. 25, 2008

Presidential Decree No. 21052, Sep. 30, 2008

Presidential Decree No. 21098, Oct. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21231, Dec. 31, 2008

Presidential Decree No. 21445, Apr. 21, 2009

Presidential Decree No. 21488, May 13, 2009

Presidential Decree No. 21565, jun. 26, 2009

Presidential Decree No. 21625, Jul. 7, 2009

Presidential Decree No. 21629, Jul. 16, 2009

Presidential Decree No. 21641, Jul. 27, 2009

Presidential Decree No. 21665, Aug. 5, 2009

Presidential Decree No. 21669, Aug. 5, 2009

Presidential Decree No. 21774, Sep. 21, 2009

Presidential Decree No. 21807, Nov. 2, 2009

Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 21847, Nov. 26, 2009

Presidential Decree No. 21881, Dec. 14, 2009

Presidential Decree No. 21887, Dec. 15, 2009

Presidential Decree No. 22128, Apr. 20, 2010

Presidential Decree No. 22142, Apr. 29, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22224, jun. 28, 2010

Presidential Decree No. 22264, Jul. 9, 2010

Presidential Decree No. 22273, Jul. 12, 2010

Presidential Decree No. 22420, Oct. 1, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22703, Mar. 9, 2011

Presidential Decree No. 22815, Apr. 1, 2011

Presidential Decree No. 23009, Jul. 1, 2011

Presidential Decree No. 23755, Apr. 27, 2012

Presidential Decree No. 23966, Jul. 20, 2012

Presidential Decree No. 24008, Jul. 31, 2012

Presidential Decree No. 24155, Oct. 29, 2012

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 24593, jun. 11, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25090, Jan. 14, 2014

Presidential Decree No. 25273, Mar. 24, 2014

Presidential Decree No. 25279, Mar. 24, 2014

Presidential Decree No. 25339, Apr. 29, 2014

Presidential Decree No. 25432, jun. 30, 2014

Presidential Decree No. 25456, Jul. 14, 2014

Presidential Decree No. 25483, Jul. 16, 2014

Presidential Decree No. 25652, Oct. 14, 2014

Presidential Decree No. 25661, Oct. 15, 2014

Presidential Decree No. 25718, Nov. 11, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25773, Nov. 24, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26027, Jan. 6, 2015

Presidential Decree No. 26096, Feb. 10, 2015

Presidential Decree No. 26142, Mar. 11, 2015

Presidential Decree No. 26302, jun. 1, 2015

Presidential Decree No. 26316, jun. 15, 2015

Presidential Decree No. 26381, Jul. 6, 2015

Presidential Decree No. 26705, Dec. 10, 2015

Presidential Decree No. 26721, Dec. 15, 2015

Presidential Decree No. 26754, Dec. 22, 2015

Presidential Decree No. 26970, Feb. 11, 2016

Presidential Decree No. 27052, Mar. 22, 2016

Presidential Decree No. 27172, May 17, 2016

Presidential Decree No. 27299, jun. 30, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27471, Aug. 31, 2016

Presidential Decree No. 27472, Aug. 31, 2016

Presidential Decree No. 27473, Aug. 31, 2016

Presidential Decree No. 27570, Nov. 1, 2016

Presidential Decree No. 27744, Dec. 30, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27793, Jan. 17, 2017

Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 27832, Feb. 3, 2017

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28324, Sep. 19, 2017

Presidential Decree No. 28326, Sep. 19, 2017

Presidential Decree No. 28553, Dec. 29, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 28586, Jan. 16, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The propose of this Decree is to provide for matters delegated by the National Land Planning and Utilization Act and matters necessary to implement the same Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005>
 Article 2 (Infrastructure)
(1) "Facilities prescribed by Presidential Decree" in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as the "Act") means the following facilities (including incidental facilities and convenience facilities necessary for the performance of functions and utilization of the relevant facilities): <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20791, May 26, 2008; Presidential Decree No. 21807, Nov. 2, 2009; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 26970, Feb. 11, 2016>
1. Traffic facilities: Roads, railways, harbors, airports, parking lots, automobile depots, tracks, canals, inspection facilities for automobiles and construction equipment, and automobile and construction equipment driving schools;
2. Space facilities: Squares, parks, green areas, amusement parks, and vacant public land;
3. Distribution and supply facilities: Distribution business facilities, water, electricity, gas and heat supply facilities, broadcasting and communications facilities, utility tunnels, markets, oil-storage, and oil supply facilities;
4. Public, cultural and athletic facilities: Schools, athletic fields, public buildings, cultural facilities, athletic facilities, research facilities, social welfare facilities, public vocational training facilities, and juvenile training facilities deemed necessary for public use;
5. Disaster-prevention facilities: Rivers, detention ponds, reservoirs, fire prevention facilities, windbreak facilities, waterproof facilities, erosion control facilities, and tide-control facilities;
6. Health and sanitary facilities: Cremation facilities, cemeteries, charnel facilities, natural burial grounds, funeral parlors, slaughterhouses, and general medical facilities;
7. Environmental infrastructure: Sewage systems, waste treatment facilities, prevention facilities for water pollution, and auto junkyards.
(2) Roads, automobile depots, and squares, among infrastructure referred to in paragraph (1) may be subdivided as follows: <Amended by Presidential Decree No. 20535, Jan. 8, 2008; Presidential Decree No. 22142, Apr. 29, 2010; Presidential Decree No. 27172, May 17, 2016>
1. Roads:
(a) General roads;
(b) Exclusive roads for automobiles;
(c) Exclusive roads for pedestrians;
(d) Pedestrian zones;
(e) Exclusive roads for bicycles;
(f) Overpass;
(g) Underpass;
2. Automobile depots:
(a) Passenger automobile terminals;
(b) Cargo terminals;
(c) Public garages;
(d) Shared parking garages;
(e) Truck stops;
(f) Multimodal transfer centers;
3. Squares:
(a) Traffic squares;
(b) General squares;
(c) Scenic squares;
(d) Underground squares;
(e) Squares annexed to building structures.
(3) Additional subdivision and specific scope of infrastructure referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 3 (Metropolitan Facilities)
"Facilities prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the following facilities: <Amended by Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24593, Jun. 11, 2013>
1. Facilities extending over areas under the jurisdictions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns (excluding any Gun located in the jurisdictional area of a Metropolitan City; hereinafter the same shall apply: Provided, That any Gun located in the jurisdictional area of a Metropolitan City shall be included in Articles 110, 112, and 128): Roads, railways, canals, squares, green areas, water, electricity, gas and heat supply facilities, broadcasting and communications facilities, utility tunnels, oil-storage and oil-supply facilities, river and sewage systems (excluding sewage terminal treatment facilities);
2. Facilities utilized jointly by two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces or Sis/Guns: Harbors, airports, automobile depots, parks, amusement parks, distribution business facilities, athletic fields, cultural facilities, athletic facilities deemed necessary for public use, social welfare facilities, public vocational training facilities, juvenile training facilities, storing ponds, crematories, cemeteries, charnel facilities, slaughterhouses, sewage systems (limited to sewage terminal treatment facilities), waste treatment facilities, prevention facilities for water pollution, and auto junk yards.
 Article 4 (Public Facilities)
"Other public facilities prescribed by Presidential Decree" in subparagraph 13 of Article 2 of the Act, means the following facilities: <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 28326, Sep. 19, 2017>
1. Harbors, airports, canals, squares, green areas, vacant public land, utility tunnels, rivers, storage ponds, fire prevention facilities, windbreak facilities, waterproof facilities, erosion-control facilities and tide-control facilities, sewage systems, and conduits;
2. Parking lots, athletic fields, reservoirs, crematories, cemeteries, and charnel facilities constructed by administrative offices;
3. Facilities referred to in subparagraph 3 (c) of Article 2 of the Act on the Promotion of Smart City Development and Industry.
 Article 4-2 (Infrastructure Required in Infrastructure-Levy Areas)
"Infrastructure prescribed by Presidential Decree, such as roads, parks, and green areas" in subparagraph 19 of Article 2 of the Act means the following infrastructure (including appurtenant and convenience facilities necessary for using the relevant facilities): <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Roads (including access roads from neighboring arterial roads to infrastructure-levy areas);
2. Parks;
3. Green areas;
4. Schools (excluding schools defined in Article 2 of the Higher Education Act);
5. Waterworks (including waterworks connecting neighboring waterworks to infrastructure-levy areas);
6. Sewerage (including waterworks connecting neighboring waterworks to infrastructure-levy areas);
7. Waste disposal facilities;
8. Other facilities determined by the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun in infrastructure-levy plans under the proviso to Article 68 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 4-3 (Kind of Facilities Inducing Infrastructure)
"Facilities prescribed by Presidential Decree, such as detached houses, lodging facilities, etc." in subparagraph 20 of Article 2 of the Act means buildings by use, as provided in attached Table 1 of the Enforcement Decree of the Building Act: Provided, That buildings specified in attached Table 1 shall be excluded.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 4-4 (Criteria and Procedures for Assessment of Sustainability of Cities and Level of Living Infrastructure)
(1) The Minister of Land, Infrastructure and Transport shall comprehensively consider the following matters in determining the criteria for assessment of sustainability of cities and the level of living infrastructure under Article 3-2 (2) of the Act: <Amended by Presidential Decree No. 27172, May 17, 2016>
1. Criteria for assessment of sustainability: Matters concerning the efficiency and eco-friendliness of land use, the safety, comfortableness, and convenience of living space, and other related factors;
2. Criteria for assessment of living infrastructure: Matters concerning the appropriateness in the construction of living infrastructure, ease of use, accessibility, and convenience of living infrastructure, and other related factors, considering the supply rate, etc.
(2) To conduct an assessment under Article 3-2 (1) of the Act, the Minister of Land, Infrastructure and Transport shall require the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun to conduct self-assessment of the relevant local government and submit the findings of the self-assessment, and shall conduct a final assessment based on the findings of the self-assessment submitted. <Amended by Presidential Decree No. 27172, May 17, 2016>
(3) The Minister of Land, Infrastructure and Transport may fully or partially disclose the findings of the assessment under paragraph (2), and allow the use of the findings of the assessment for providing subsidies or loans to revitalize urban regeneration under Article 27 of the Special Act on Promotion of and Support for Urban Regeneration, and for providing block grants under Article 40 of the Special Act on Balanced National Development. <Amended by Presidential Decree No. 27172, May 17, 2016>
(4) The Minister of Land, Infrastructure and Transport may entrust a specialized institution with the assessment under paragraph (2). <Amended by Presidential Decree No. 27172, May 17, 2016>
(5) Detailed matters necessary for the criteria and procedures for assessment provided in paragraphs (1) through (4) shall be determined and publicly announced by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014]
 Article 5 (Restrictions, etc. on Designation of Zones, etc. concerning Land Utilization under other Acts)
(1) "Area prescribed by Presidential Decree" in Article 8 (2) of the Act means one square kilometer (or five square kilometers in cases of urban development districts designated under the Urban Development Act). <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 25090, Jan. 14, 2014>
(2) The head of a central administrative agency or the head of a local government shall submit the following documents to the Minister of Land, Infrastructure and Transport to request the Minister of Land, Infrastructure and Transport to hold consultation or grant approval pursuant to Article 8 (2) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
1. Descriptions on the purposes, necessities, background, procedures for promotion, etc. of the designation or alteration of a zone, etc. (including matters that should be included when designating or altering the relevant zone, etc. pursuant to the related statutes);
2. A map on a scale of 1:25,000 indicating the land utilization status, such as special-purpose areas, infrastructure, etc. in the area intended for the zone and peripheral area;
3. A map on a scale of 1:5,000 or 1:25,000 indicating the zone, etc. he/she intends to designate within the area intended for the zone;
4. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) "Area prescribed by Presidential Decree" in Article 8 (3) of the Act means five square kilometers (limited to where the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") designates or alters a zone, etc. following deliberation by a City/Do urban planning committee established under Article 113 (1) of the Act (hereinafter referred to as "City/Do urban planning committee"). <Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014>
(4) The head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall submit documents referred to in the subparagraphs of paragraph (2) to the competent Mayor/Do Governor to obtain approval pursuant to Article 8 (3) of the Act. <Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014>
(5) "Where the head of a central administrative agency or the head of a local government intends to alter a zone, etc. within the limits prescribed by Presidential Decree" in Article 8 (4) 4 of the Act means any of the following cases: <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 25090, Jan. 14, 2014>
1. Where he/she increases or decrease the area within ten percent of the area of a region, district, zone, lot, etc. (hereinafter referred to as "zone, etc.") on which he/she has consulted or has obtained approval;
2. Where he/she intends to correct errors in the computation of the area of a zone, etc. on which he/she has consulted or has obtained approval.
 Article 6 (Restrictions on Alteration of Use Area, etc. under other Acts)
(1) Where the head of a central administrative agency or the head of a local government intends to permit, authorize, approve, or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a use area, use district, or use zone pursuant to the main sentence of Article 9 of the Act, he/she shall first submit the plan to the Central Urban Planning Committee under Article 106 of the Act (hereinafter referred to as the "Central Urban Planning Committee") or a local urban planning committee under Article 113 of the Act (hereinafter referred to as "local urban planning committee") for deliberation, according to the following classification: Provided, That this shall not apply where an alteration of a use area, etc. falls under Article 8 (4) 1 of the Act or less than five percent of a planned area is altered in a plan which assumes the fact of determination of an urban or Gun management plan: <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. Where deliberation by the Central Urban Planning Committee is required:
(a) Where the head of a central administrative agency intends to permit, authorize, approve, or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a use area, use district or use zone, the area of which is at least 300,000 square meters;
(b) Where the head of a local government intends to permit, authorize, approve, or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a use area, use district or use zone, the area of which is at least five square kilometers;
2. Where deliberation by a local urban planning committee is required: Where the head of a local government intends to permit, authorize, approve, or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a use area, use district, or use zone, the area of which is at least 300,000 square meters, but less than five square kilometers.
(2) When the head of a central administrative agency or of a local government submits a plan to the Central Urban Planning Committee or a local urban planning committee for deliberation pursuant to paragraph (1), he/she shall submit the following documents to the Minister of Land, Infrastructure and Transport or the head of a local government under which the relevant local urban planning committee has been established: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Written plans detailing the purpose, necessity, background, contents, procedures for promotion, etc. of a plan (including details to be included in the relevant plans under the related statutes);
2. Sketch reflecting current status of land utilization drawn at a scale of 1:25,000 indicating a use area and infrastructure, etc. in the relevant area and peripheral area;
3. Sketch drawn at a scale of 1:1,000 indicating the details on the designation or alteration of a use area, use district or use zone (it may be at a scale of at least 1:5,000 for areas, other than an urban area);
4. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER II METROPOLITAN PLAN
 Article 7 (Designation of Metropolitan Planning Zones)
(1) A metropolitan planning zone under Article 10 (1) of the Act shall be designated by the unit of the jurisdictional areas of two or more adjacent Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Notwithstanding paragraph (1), where the Minister of Land, Infrastructure and Transport or a Do Governor intends to include part of the jurisdictional areas of two or more adjacent Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns in a metropolitan planning zone, he/she shall do so by the unit of jurisdictional zone of a Gu, Gun (referring to a Gun in the jurisdictional area of a Metropolitan City), Eup, or Myeon. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 8 Deleted. <by Presidential Decree No. 21669, Aug. 5, 2009>
 Article 9 (Contents of Metropolitan Plans)
"Matters prescribed by Presidential Decree" in Article 12 (1) 5 of the Act means the following matters:
1. Matters relating to the traffic, distribution, and circulation system of a metropolitan planning zone;
2. Matters relating to the cultural and leisure spaces and the prevention of disasters in a metropolitan planning zone.
 Article 10 (Standards for Formulating Metropolitan Plans)
The Minister of Land, Infrastructure and Transport shall comprehensively consider the following matters when establishing standards for formulating metropolitan plans pursuant to Article 12 (2) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26381, Jul. 6, 2015>
1. To present the future images of each metropolitan planning zone and the systemized strategy capable of realizing them, and to ensure that they are to be mutually connected with the comprehensive national land plan, etc.;
2. To establish the standards by making such matters the prime objects as the division of functions among the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Special Self-Governing Province, or Sis/Guns, the prevention of disorderly urban sprawl, the conservation of environments, the rational allocation of metropolitan facilities, and other specific sectors that form pending issues in each metropolitan planning zone;
3. To ensure that it is comprehensively and generally established to resiliently cope with changes in given conditions, but where it is established by making specific sectors prime objects, it shall be definitely established to distinctly present the guidelines for urban or Gun master plans or urban or Gun management plans;
4. To ensure that it is established by thoroughly considering favorable natural environments, including the green area axis, ecosystems, forests, and scenery, and the excellent farmland and special-purpose areas, cultural heritage, and historic and cultural environments for preservation purposes;
5. To ensure that sectoral plans are mutually connected;
6. To establish the standards for formulating metropolitan plans by thoroughly considering City/Do safety management plans formulated under Article 24 (1) of the Framework Act on the Management of Disasters and Safety, Si/Gun/Gu safety management plans formulated under Article 25 (1) of the same Act and Si/Gun/Gu master plans to reduce damage from storms and floods formulated under Article 16 (1) of the Countermeasures against Natural Disasters Act.
 Article 11 (Basic Investigations for Formulation of Metropolitan Plans)
(1) "Other matters prescribed by Presidential Decree" in Article 13 (1) of the Act means the following:
1. Given natural conditions, such as weather, topography, resources, and ecology;
2. Current status and prospects of infrastructure and residential levels;
3. Current status and progress of the wind and flood disaster, earthquake, and other disasters;
4. Details of other planning and projects relating to a metropolitan plan;
5. Other matters necessary for the formulation of a metropolitan plan.
(2) Where there exists any data investigated and measured under other statutes with regard to matters to be investigated in performing a basic investigation under Article 13 (1) of the Act, it may be applied practically.
(3) When the Minister of Land, Infrastructure and Transport, the Mayor/Do, or the head of a Si/Gun intends to alter a formulated metropolitan plan, he/she shall investigate and measure matters necessary for altering the relevant metropolitan plan, among matters for basic investigation under Article 13 (1) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
 Article 12 (Public Hearings for Formulation of Metropolitan Plans)
(1) When the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun intends to hold a public hearing under Article 14 (1) of the Act, he/she shall publicly announce the following matters on a daily newspaper having areas of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun belonging to the relevant metropolitan planning zone as its principal distribution area for at least once, by no later than 14 days prior to the scheduled date of the public hearing: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. Purposes of holding a public hearing;
2. Scheduled date, time, and venue of the public hearing;
3. Summary of a metropolitan plan intended for formulation or alteration;
4. Other necessary matters.
(2) Public hearings under Article 14 (1) of the Act shall be held at a metropolitan planning zone-unit level, but if deemed necessary, they may be held by dividing the metropolitan planning zone into several areas.
(3) Public hearings under Article 14 (1) of the Act shall be supervised by a person nominated by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
(4) Matters necessary for holding a public hearing, other than matters referred to in paragraphs (1) through (3), may be set forth by the Minister of Land, Infrastructure and Transport, depending upon a main agent to hold such public hearing, or by urban or Gun planning ordinance (hereinafter referred to as "urban or Gun planning ordinance") of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province (hereinafter referred to as "City/Do"), or Si/Gun. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 13 (Approval of Metropolitan Plans)
(1) When the Mayor/Do Governor intends to obtain approval of a metropolitan plan pursuant to Article 16 (1) of the Act, he/she shall submit, to the Minister of Land, Infrastructure and Transport, a draft metropolitan plan accompanied by the following documents: <Amended by Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
1. Outcomes from the basic investigation;
2. Results from holding a public hearing;
3. Outcomes from hearing the opinions of the local council of the related City/Do, or the head of the related Si/Gun under Article 15 (1) of the Act (excluding the head of a Gun located within the jurisdictional area of a Metropolitan City; hereinafter the same shall apply: Provided, That the head of a Gun located within the jurisdictional area of a Metropolitan City shall be included in Articles 110, 112, 117, 122 through 124-3, 127, 128 and 130);
4. Where he/she undergoes consultation with a City/Do urban planning committee, the result thereof;
5. Documents necessary for a consultation with the head of the related central administrative agency and deliberation by the Central Urban Planning Committee under Article 16 (2) of the Act.
(2) When a draft metropolitan plan submitted under paragraph (1) does not comply with the formulation standard, etc. under Article 12 (2) of the Act, the Minister of Land, Infrastructure and Transport may request the relevant Mayor/Do Governor to supplement such draft metropolitan plan. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Any public announcement of a metropolitan plan under Article 16 (4) of the Act shall be made by publishing it in the official report of the related City/Do, and that of a metropolitan plan under Article 16 (6) of the Act shall be made by publishing it in the official report of the related Si/Gun and the period of a public perusal of related documents shall be for at least 30 days. <Amended by Presidential Decree No. 21669, Aug. 5, 2009>
 Article 13-2 (Composition and Operation of Metropolitan Planning Council)
(1) Members of the Metropolitan Planning Council under Article 17-2 of the Act shall be comprised of relevant public officials and persons who have knowledge and experience in metropolitan planning.
(2) Detailed matters concerning the composition and organization of the Metropolitan Planning Council under paragraph (1) shall be determined through consultation among persons who have authority to formulate a metropolitan plan under Article 11 of the Act.
[This Article Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009]
CHAPTER III URBAN OR GUN MASTER PLAN
 Article 14 (Areas for which Urban or Gun Master Plans May not be Formulated)
"Si/Gun prescribed by Presidential Decree" in the proviso to Article 18 (1) of the Act means the following Sis/Guns: <Amended by Presidential Decree No. 19036, Sep. 8, 2005>
1. Si/Gun with a population of not more than 100,000, not belonging to the metropolitan zone under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (hereinafter referred to as "metropolitan zone") and not sharing boundaries with the Metropolitan Cities;
2. Si/Gun for which all of the matters falling under each subparagraph of Article 19 (1) of the Act are included in the relevant metropolitan plan, which is Si/Gun for which a metropolitan plan has been established on all of its jurisdictional areas.
 Article 15 (Details of Urban or Gun Master Plans)
"Other matters prescribed by Presidential Decree" in Article 19 (1) 10 of the Act means the following matters, related to direction-setting for, and the achievement of objectives of, urban or Gun master plans: <Amended by Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 26381, Jul. 6, 2015>
1. Matters concerning the consolidation or preservation of the downtown and residential environments;
2. Matters to be included in urban or Gun master plans under other Acts;
3. Matters concerning funding necessary for the implementation of urban or Gun master plans;
4. Other matters deemed necessary by a person who has the authority to approve urban or Gun master plans under Article 22-2 (1) of the Act;
5. through 7. Deleted. <by Presidential Decree No. 26381, Jul. 6, 2015>
 Article 16 (Standards for Formulating Urban or Gun Master Plans)
The Minister of Land, Infrastructure and Transport shall comprehensively consider the following matters when establishing standards for formulating urban or Gun master plans pursuant to Article 19 (3) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26381, Jul. 6, 2015>
1. To ensure that it becomes a comprehensive plan for land utilization, traffic, environment, etc. indicating the basic space structures of, and long-term development direction-setting, for each Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun;
2. To ensure that it is comprehensively and generally established to resiliently cope with changes in given conditions;
3. When adjusting an urban or Gun master plan pursuant to Article 23 of the Act, to ensure that the continuity of planning is maintained by extracting only the parts requiring corrections, among the details of the former urban or Gun master plan, and supplementing them;
4. To ensure that the level of particularity of plans for each area is differentiated by comprehensively considering the population density, characteristics of land utilization and peripheral environment, etc. of a city, farming and fishing village, and mountain village, but to ensure that the allocation plans for infrastructure and land use, etc. are mutually connected for areas of the city, farming and fishing village, and mountain village;
5. Plans by sector shall maintain the unity and consistency of an urban or Gun master plan by coinciding with the direction-setting for an urban or Gun master plan under Article 19 (1) 1 of the Act and presenting the scheme capable of achieving the objectives of an urban or Gun master plan;
6. To ensure that the land feasible for development, which is located in an urban area, etc., is to be developed with a time difference by phase;
7. To ensure that it is established by thoroughly considering favorable natural environments, including the green area axis, ecosystems, forests, and scenery, and the excellent farmland and special-purpose areas, cultural heritage, and historic and cultural environments for preservation purposes;
8. To ensure that matters concerning sceneries referred to in Article 19 (1) 8 of the Act are prepared as supplements of an urban or Gun master plan, if deemed necessary;
9. To establish standards for formulation of urban or Gun master plans by thoroughly considering City/Do safety management plans formulated under Article 24 (1) of the Framework Act on the Management of Disasters and Safety, Si/Gun/Gu safety management plans formulated under Article 25 (1) of the same Act, and Si/Gun/Gu master plans to reduce damage from storms and floods formulated under Article 16 (1) of the Countermeasures against Natural Disasters Act.
 Article 16-2 (Grounds for Exemption from Assessments of Land Suitability and Analyses of Vulnerability to Disasters among Basic Surveys to Formulate Urban or Gun Master Plans)
"In cases prescribed by Presidential Decree, such as where a Mayor/Do Governor or the head of a Si/Gun conducts an assessment of land suitability within five years from the date he/she has formulated an urban or Gun master plan" in Article 20 (3) of the Act means the following cases:
1. An assessment of land suitability (hereinafter referred to as "assessment of land suitability") under Article 20 (2) of the Act: The following cases:
(a) Where an assessment of land suitability is conducted within five years from the date an urban or Gun master plan is formulated;
(b) Where it is necessary to amend an urban or Gun master plan as an area, district, etc. is designated, or a development plan is formulated under other Acts;
2. An analysis of vulnerability to disasters (hereinafter referred to as "analysis of vulnerability to disasters") under Article 20 (2) of the Act: The following cases:
(a) Where an analysis of vulnerability to disasters is conducted within five years from the date an urban or Gun master plan is formulated;
(b) Where it is necessary to amend an urban or Gun master plan as an area, district, etc. is designated, or a development plan is formulated under other Acts.
[This Article Newly Inserted by Presidential Decree No. 26381, Jul. 6, 2015]
 Article 16-3 (Public Announcement and Perusal of Urban or Gun Master Plans of Special Metropolitan City, Metropolitan City, Special Self-Governing City, or Special Self-Governing Province)
A public announcement of an urban or Gun master plan of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, or Special Self-Governing Province under Article 22 (3) of the Act shall be made by publishing it in the official gazette of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, or Special Self-Governing Province and a period for public perusal of related documents shall be at least 30 days. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009]
 Article 17 (Approval of Urban or Gun Master Plans of Sis/Guns)
(1) When the head of a Si/Gun intends to obtain approval of an urban or Gun master plan pursuant to Article 22-2 (1) of the Act, he/she shall submit to the competent Do Governor a draft of an urban or Gun master plan along with the following documents: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
1. Outcomes from the basic investigation;
2. Results from holding the public hearing;
3. Outcomes from hearing the opinions of the local council of the relevant Si/Gun under Article 21 of the Act;
4. Where he/she undergoes consultation by the local urban planning committee established in the relevant Si/Gun, outcomes from such advice;
5. Documents necessary for consultation with the head of the related central administrative agency and deliberation by the local urban planning committee of the competent Do under Article 22-2 (2) of the Act.
(2) When a draft of an urban or Gun master plan submitted pursuant to paragraph (1) does not comply with standards for formulation, etc. under Article 19 (3) of the Act, the Do Governor may request the head of a Si/Gun to supplement such draft of an urban or Gun master plan. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
(3) Any public notification of an urban or Gun master plan under Article 22-2 (4) of the Act shall be made in the official report of the relevant Si/Gun, and a period for public perusal of related documents shall be for not less than 30 days. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
 Article 17-2 Deleted. <by Presidential Decree No. 23718, Apr. 10, 2012>
CHAPTER IV URBAN OR GUN MANAGEMENT PLAN
SECTION 1 Procedures for Formulating Urban or Gun Management Plan
 Article 18 (Standards for Preparation of Books of Urban or Gun Management Plans and Descriptions of Plans, etc.)
(1) The scheme drawing, among the books of urban or Gun management plans under Article 25 (2) of the Act, shall be prepared by a drawing specifying matters in an urban or Gun management plan in a topographical map (including a digital map; hereinafter the same shall apply) at a scale of 1:1,000 or that of 1:5,000 (where the topographical maps at a scale of 1:1,000 or that of 1:5,000 are not published, a scale of 1:25,000): Provided, That where the topographical maps are not published, the drawings of a maritime chart, seafloor topographical map, etc. may substitute for the topographical map. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Where two or more sheets of scheme drawings under paragraph (1) exist, a summarized map of urban or Gun management plans (referring to a drawing clarifying principal matters of urban or Gun management plans in a topographical map to a scale equivalent to or over 1 to 50,000) may be included in the descriptions of a plan pursuant to Article 25 (2) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 19 (Standards for Formulating Urban or Gun Management Plans)
The Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of fishery-resource protection zones designated under Article 40 of the Act) shall comprehensively consider the following matters when setting standards for formulating urban or Gun management plans pursuant to Article 25 (4) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 26381, Jul. 6, 2015>
1. To accept the contents presented in metropolitan plans, urban or Gun master plans, etc. and to set such standards considering the relations with respective project plans and trends of urban development;
2. For a Si/Gun that does not formulate an urban or Gun master plan, to ensure that matters necessary for smoothly formulating urban or Gun management plans, among matters to be included in the conception of long-term development of the relevant Si/Gun and the urban or Gun master plan under Article 19 (1) of the Act, are included;
3. Where necessary for efficiently implementing urban or Gun management plans, to ensure that modifications are made by limiting to a specific area or a specific field;
4. To ensure that the space structures are properly divided by unit of a living zone, and the living or convenience facilities are fairly provided in each living zone;
5. To ensure that the level of particularity of planning by area is differentiated by comprehensively considering the population density, characteristics of land utilization and peripheral environment, etc. of the city, farming and fishing village, and mountain village, but to ensure that the allocation plans for infrastructure and land use, etc. are mutually connected for the areas of the city, farming and fishing village, and mountain village;
6. Where any land utilization plan is formulated, to ensure that development density is secured in compatibility with the considerations of the population in daytime and nighttime activities and trends of urban development;
7. To ensure that a land utilization plan is formulated by considering favorable natural environments, including the green area axis, ecosystems, forests, and scenery, and the excellent farmland, cultural heritage, and historic and cultural environments;
8. Where any facility causing a population concentration within the Seoul Metropolitan area is relocated to an area, other than the Seoul Metropolitan area, to ensure that, in respect of the previous sites, a land utilization plan is formulated to promote a relocation of such facility to the local area;
9. To ensure that urban or Gun planning facilities are determined at a proper level, considering execution capability, and that land use is revitalized by cancelling or adjusting existing urban or Gun planning facilities, the size, etc. of which has been unreasonably determined, which cannot be realized, or which do not need to exist as a result of inspecting the current status of installed facilities and the conditions of the management and operation thereof;
10. To ensure that urban development is implemented in a sound and sustainable manner by elevating the organic relevance between plans and environments, such as conducting a prior examination of impacts of urban development or installation of infrastructure, etc. on the environments;
11. To endeavor to minimize damage caused by disasters, considering a City/Do safety management plan under Article 24 (1) of the Framework Act on the Management of Disasters and Safety, a Si/Gun/Gu safety management plan under Article 25 (1) of the same Act, and a Si/Gun/Gu master plan to reduce damage from storms and floods under Article 16 (1) of the Countermeasures against Natural Disasters Act.
 Article 19-2 (Proposal to Formulate Urban or Gun Management Plans)
(1) "Development promotion district prescribed by Presidential Decree" in Article 26 (1) 3 (a) of the Act means an industry and distribution development promotion district referred to in Article 31 (2) 8 (b). <Amended by Presidential Decree No. 28553, Dec. 29, 2017>
(2) Any person who intends to propose formulation of an urban or Gun management plan pursuant to Article 26 (1) of the Act shall obtain consent from landowners classified as follows. In such cases, State-owned or public land shall be excluded from the area of land subject to consent:
1. In cases of a proposal for matters provided in Article 26 (1) 1 of the Act: At least 4/5 of the area of land subject to consent;
2. In cases of a proposal for matters provided in Article 26 (1) 2 and 3 of the Act: At least 2/3 of the area of land subject to consent.
(3) An area eligible for proposal to be designated as an industry and distribution development promotion district referred to in paragraph (1) pursuant to Article 26 (4) of the Act shall fully satisfy the following requirements: <Amended by Presidential Decree No. 27172, May 17, 2016; Presidential Decree No. 28553, Dec. 29, 2017>
1. The area of an area eligible for designation shall be at least 10,000 but not exceeding 30,000 square meters;
2. An area eligible for designation shall be a natural green area, planned management area, or production control area: Provided, That where it is necessary to extend an existing factory in a planned management area, and it is inevitable to include a conservation and control area to extend that existing factory because such factory is surrounded by roads, railroads, river, buildings, sea, etc., the conservation and control area may be included by not more than 20 percent of the total area, and the conservation and control area may be included in excess of 20 percent of the total area in any of the following cases:
(a) Where the relevant land in the conservation and control area has been developed, such as permission has been granted to engage in development activities therein;
(b) Where the environmental pollution or degradation of the surrounding areas is unlikely to occur although the relevant land in the conservation and control area is developed, subject to deliberation by the relevant urban planning committee;
3. The area of a planned management area shall be at least 50 percent of the total area of an area eligible for designation. In such cases, the area of an area reflected in an urban or Gun master plan among natural green areas or production control areas shall be deemed a planned management area for the purpose of calculation;
4. The characteristics of land in an area eligible for designation shall meet criteria prescribed and publicly notified by the Minister of Land, Infrastructure and Transport to prevent excessive development activities.
(4) To propose formulation of an urban or Gun management plan under paragraph (1) 3 (b) of this Article pursuant to Article 26 (4) of the Act, the following requirements shall be fully satisfied: <Newly Inserted by Presidential Decree No. 28553, Dec. 29, 2017>
1. The urban or Gun management plan shall be proposed for an area in which at least two special-purpose districts are designated overlapping one another, thus requiring adjustment or integrated management of restrictions on relevant acts therein;
2. The urban or Gun management plan shall simultaneously propose the designation of a district-unit planning zone and the alteration thereof and the formulation of a district-unit planning zone and the amendment thereof, which replace restrictions on the purposes, kinds, sizes, etc. of buildings or other facilities permitted for the relevant special-purpose district.
(5) Except as otherwise expressly provided in paragraphs (1) through (4), the Minister of Land, Infrastructure and Transport shall prescribe and publicly notify detailed procedures for proposing formulation of urban or Gun management plans. <Amended by Presidential Decree No. 28553, Dec. 29, 2017>
[This Article Newly Inserted by Presidential Decree No. 26970, Feb. 11, 2016]
 Article 20 (Procedures for Handling Written Proposals)
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun in receipt of a proposal for the formulation of an urban or Gun management plan pursuant to Article 26 (1) of the Act shall notify the relevant proposer of whether the proposal is to be reflected in the formulation of an urban or Gun management plan within 45 days from the proposing date: Provided, That if any extenuating circumstance exists, 30 days may be extended only once. <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 20722, Feb. 29, 2008: Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(2) When necessary for the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun in making a decision on whether to reflect the proposal under Article 26 (1) of the Act in the formulation of an urban or Gun management plan, he/she may obtain advice from the Central Urban Planning Committee or the local urban planning committee established under the relevant local government. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun reflects a proposal under Article 26 (1) of the Act in the formulation of an urban or Gun management plan, he/she may utilize documents of an urban or Gun management plan and the descriptions of the plan attached to the proposal for the formulation of an urban or Gun management plan. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 21 (Grounds, etc. for Exempting from Basic Surveys to Formulate Urban or Gun Management Plans)
(1) "Minor matters prescribed by Presidential Decree" in the proviso to Article 27 (1) of the Act means matters specified in the subparagraphs of Article 25 (3) and (4).
(2) "Requirements prescribed by Presidential Decree" in Article 27 (4) of the Act means requirements classified as follows: <Amended by Presidential Decree No. 28324, Sep. 19, 2017; Presidential Decree No. 28553, Dec. 29, 2017>
1. Requirements under which a basic survey may be exempted: Any of the following cases:
(a) Where the relevant district-unit planning zone is located in the downtown (referring to a commercial area and an area adjacent thereto);
(b) Where the area of vacant land in the relevant district-unit planning zone does not exceed two percent of the area of such zone;
(c) Where the relevant district-unit planning zone or a site for an urban or Gun planning facility is designated as an area, district, etc. under other Acts, or a development plan is formulated;
(d) Where the relevant district-unit planning zone is designated for rearranging or managing the relevant zone, and no plan to build a road at least 12 meters wide is included in the relevant district unit plan;
(e) Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun intends to replace restrictions on the purposes, kinds, sizes, etc. of buildings, or other facilities permitted for the special-purpose district by abolishing the existing special-purpose district and formulating or amending a district-unit plan;
(f) Where the Mayor/Do Governor intends to revoke his/her decision to construct the relevant urban or Gun planning facility;
(g) Other cases meeting requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. Requirements under which an environmental review may be exempted: Any of the following cases:
(a) Cases referred to in subparagraph 1 (a) through (g);
(b) Where an urban or Gun management plan subject to strategic environmental impact assessment under Article 9 of the Environmental Impact Assessment Act is formulated;
3. Requirements under which an assessment of land suitability may be exempted: Any of the following cases:
(a) Cases referred to in subparagraph 1 (a) through (g);
(b) Where an assessment of land suitability is conducted within five years from the date an urban or Gun management plan is formulated;
(c) Where an urban or Gun management plan is formulated for a residential, commercial, or industrial area;
(d) Where an urban or Gun management plan is formulated for an area developed under the Act or other statutes;
(e) Where an urban or Gun management plan is formulated for an area adjusted or released from a development restriction zone because it falls under Article 2(3) 1, 2, or 6 (limited to land adjacent to an area referred to in Article 2 (1) 1 or 2) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones ;
(f) An urban development project performed under Urban Development Act;
(g) Where an urban or Gun management plan is formulated for a district-unit planning zone or a site for an urban or Gun planning facility;
(h) Where any of the following special-purpose areas, special-purpose districts, or special-purpose zones is designated or altered:
(i) Where a residential, commercial, or industrial area, or a planned management area is altered into other special-purpose area (excluding where a planned management area is altered into a natural green area);
(ii) Where a special-purpose area is altered into other special-purpose area, other than a residential, commercial, or industrial area, or a planned management area (excluding where a special-purpose area is altered into a natural green area);
(iii) Where a special-purpose area or special-purpose zone is designated or altered (excluding the designation of a development promotion district or an enlargement of such district);
(i) Where any of the following infrastructure is built:
(i) Infrastructure corresponding to the scale of development activities for each special-purpose area specified in Article 55 (1);
(ii) Transportation facilities and supply facilities in a linear form, such as roads, railroads, tramways, water supply systems, and gas;
(iii) Open facilities (excluding sports parks, cemeteries, and amusement parks);
(iv) Disaster-prevention facilities and environmental infrastructure (excluding junkyards);
(v) Infrastructure constructed in a development restriction zone;
4. Requirements under which an analysis of vulnerability to disasters may be exempted: Any of the following cases:
(a) Cases referred to in the subparagraph 1 (a) through (g);
(b) Where an analysis of vulnerability to disasters is conducted within five years from the date an urban or Gun management plan is formulated;
(c) A case referred to in subparagraph 3 (h) (excluding the designation or alteration of a disaster-prevention district);
(d) Where any of the following infrastructure is built:
(i) Infrastructure referred to in subparagraph 3 (i) (i);
(ii) Infrastructure referred to in subparagraph 3 (i) (ii) (excluding infrastructure constructed in an urban area);
(iii) A green area or public open area among open facilities.
[This Article Wholly Amended by Presidential Decree No. 26381, Jul. 6, 2015]
 Article 22 (Gathering Opinions from Residents and Local Councils)
(1) "Minor matters prescribed by Presidential Decree" in the proviso to Article 28 (1) of the Act means matters specified in the subparagraphs of Article 25 (3) and (4).
(2) To gather opinions from residents on a draft urban or Gun management plan under Article 28 (4) of the Act [or to gather opinions from residents on a draft urban or Gun management plan forwarded by the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of fishery-resource protection zones designated under Article 40 of the Act; hereafter the same shall apply in this Article) or the Mayor/Do Governor pursuant to Article 28 (2) of the Act], the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall publicly announce major details of the draft urban or Gun management plans in at least two nationwide daily newspapers and daily newspapers mainly distributed in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, on the website, etc. of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, and shall make the draft urban or Gun management plan available for public perusal for at least 14 days. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008: Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Any person who has opinions on the details of the draft urban or Gun management plans publicly announced under paragraph (2) may submit written opinions within the perusal period to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun shall examine whether to reflect the opinions submitted under paragraph (3) in the draft urban or Gun management plans, and notify the person who has submitted the opinions of the outcomes of such examination within 60 days after expiration of the perusal period. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(5) Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun intends to reflect the opinions submitted under paragraph (3) in a draft urban or Gun management plan, if such opinions are about important matters prescribed by urban or Gun planning ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, he/she shall publicly re-announce such details for public perusal, and gather opinions from residents. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(6) Paragraphs (2) through (4) shall apply mutatis mutandis to re-announcement and public perusal under paragraph (5).
(7) "Matters prescribed by Presidential Decree" in Article 28 (5) of the Act, means the following matters: Provided, That matters referred to in the subparagraphs of Article 25 (3) and matters determined or modified by a district unit plan shall be excluded: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19130, Nov. 11, 2005; Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 27172, May 17, 2016; Presidential Decree No. 27744, Dec. 30, 2016; Presidential Decree No. 28553, Dec. 29, 2017>
1. Designation of a special-purpose area, special-purpose district, or special-purpose zone or alteration of the designation thereof under Articles 36 through 38, 38-2, 39, 40, and 40-2 of the Act: Provided, That the foregoing shall not apply where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun determines an urban or Gun management plan to abolish a special-purpose district, in which case he/she replaces restrictions on the purposes, kinds, sizes, etc. of buildings or other facilities permitted for the relevant special-purpose district by a district-unit plan;
2. Determination of an urban or Gun management plan concerning establishing, maintaining, or improving metropolitan facilities included in a metropolitan plan or alteration of such determination;
3. Determination of an urban or Gun management plan concerning building, maintaining, or improving the following infrastructure or alteration of such determination: Provided, That the foregoing shall not apply where the head of a local government determines an urban or Gun management plan to cancel the determination of urban or Gun planning facilities (referring to the determination of an urban or Gun management plan concerning urban or Gun planning facilities; hereinafter the same shall apply) as recommended by a local council under Article 48 (4) of the Act:
(a) Major arterial roads among roads (referring to roads constituting the skeleton of a Si/Gun, to cope with the mass passing traffic connecting major areas within the Si/Gun, or between Sis/Guns or between major provinces; hereinafter the same shall apply);
(b) Urban railroads among railroads;
(c) Terminal for passenger transportation among automobile depots (limited to those for intercity bus transportation business);
(d) Parks (excluding small parks and children's parks under the Act on Urban Parks, Green Areas, Etc.);
(e) Facilities for distribution business;
(f) Colleges and universities among schools;
(g) Athletic fields;
(h) Deleted; <by Presidential Decree No. 19036, Sep. 8, 2005>
(i) Buildings of local governments among public office buildings;
(j) Crematories;
(k) Cemeteries;
(l) Charnel facilities;
(m) Sewage systems (limited to sewage terminal treatment facilities);
(n) Waste treatment facilities;
(o) Facilities to prevent water pollution.
 Article 23 (Requests for Determination of Urban or Gun Management Plans)
When the head of a Si/Gun (where making a request for determination of an urban or Gun management plan falling under any of Article 29 (2) 2 through 4 of the Act, including a Mayor/Do Governor) intends to request a determination of an urban or Gun management plan under Article 29 (1) of the Act, he/she shall submit to the competent Do Governor (referring to the Minister of Land, Infrastructure and Transport where he/she makes a request for determination of an urban or Gun management plan falling under Article 29 (2) 2 or 3 of the Act, and referring to the Minister of Oceans and Fisheries where he/she makes a request for determination of an urban or Gun management plan under Article 29 (2) 4 of the Act) the books of an urban or Gun management plan and the descriptions of the plan under Article 25 (2) of the Act, along with the following documents: Provided, That where the head of a Si/Gun requests the Minister of Land, Infrastructure and Transport, or the Minister of Oceans and Fisheries to determine an urban or Gun management plan, he/she shall makes such request via the competent Do Governor: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. Outcomes from hearing the opinions of residents under Article 28 (1) of the Act;
2. Outcomes from hearing the opinions of local councils under Article 28 (5) of the Act;
3. Outcomes from advice in cases where he/she has obtained advice from the local urban planning committee established under the relevant local government;
4. Documents necessary for a consultation with the head of the related administrative agency under Article 30 (1) of the Act (where a prior consultation has been held with the related administrative agency under Article 35 (2) of the Act, outcomes from such consultation);
5. Documents necessary for deliberation by the Central Urban Planning Committee or City/Do urban planning committee.
 Article 24 Deleted. <by Presidential Decree No. 21669, Aug. 5, 2009>
 Article 25 (Determination of Urban or Gun Management Plans)
(1) "Urban or Gun management plan concerning important matters prescribed by Presidential Decree" in Article 30 (2) of the Act means any of the following urban or Gun management plans: Provided, That matters referred to in the subparagraphs of paragraphs (3) and (4), and matters pre-consulted with the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of fishery-resource protection zones designated under Article 40 of the Act; hereafter in this Article the same shall apply) under the related statutes, shall be excluded: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 22142, Apr. 29, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. An urban or Gun management plan formulated by a Mayor/Do Governor in connection with a metropolitan plan;
2. The first urban or Gun management plan determined for an area released from a development restriction zone;
3. An urban management plan prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among urban or Gun management plans concerning establishing, maintaining, or improving infrastructure extending over at least two Cities/Dos.
(2) Where a building committee and an urban planning committee intend to jointly deliberate on a district unit plan pursuant to the proviso to Article 30 (3) of the Act or paragraph (7) of the same Article, a joint committee shall be formed pursuant to the following standards: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. Members of the joint committee shall be appointed or commissioned by a Mayor/Do Governor or the head of a Si/Gun, from among members of the building committee and the urban planning committee. In such cases, if any subcommittee for deliberation on a district unit plan has been established in a local urban planning committee pursuant to 113 (3) of the Act, all members of that subcommittee shall be appointed or commissioned as the members of the joint committee;
2. The number of members of the joint committee shall not exceed 25;
3. The members of the building committee shall be at least 1/3 of the members of the joint committee;
4. The Deputy Mayor shall be the chairperson of the joint committee, in cases of the Special Metropolitan City, Metropolitan City, or Special Self-Governing City; the Deputy Governor in cases of a Do or Special Self-Governing Province; the Deputy Mayor in cases of a Si; and the deputy head of a Gun in cases of a Gun.
(3) In any of the following cases, an urban or Gun management plan (excluding a district unit plan) may be amended pursuant to the proviso to Article 30 (5) of the Act, without any consultation with the head of the related administrative agency and the Minister of Land, Infrastructure and Transport, or deliberation by the Central Urban Planning Committee or local urban planning committee: <Amended by Presidential Decree No. 18108, Sep. 29, 2003; Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013, Presidential Decree No. 26096, Feb. 10, 2015; Presidential Decree No. 26970, Feb. 11, 2016>
1. Altering the area of a site for urban or Gun planning facilities by less than five percent: Provided, That each of the following facilities shall meet the requirements provided in each item:
(a) A road: Neither its start point nor end point is altered and its centerline does not deviate from the scope of the formerly determined road;
(b) A park and a green area: In any of the following cases:
(i) Where the area is increased;
(ii) Where the total area to be altered after urban or Gun planning facilities are initially determined is less than 10,000 square meters, and the area is reduced by less than five percent of a site for such urban planning facilities determined as at the time urban or Gun planning facilities are initially determined: Provided, That this shall not apply to a buffer green area provided in subparagraph 1 of Article 35 of the Act on Urban Parks, Green Areas, Etc. (including buffer green areas established by applying mutatis mutandis the same Act in an area, other than an urban area);
2. Inevitably altering a facility site due to a minor change in the location or an ascending surface of an urban or Gun planning facility due to the topographical conditions;
3. Determining or altering specific parts of the already determined urban or Gun planning facilities;
4. Altering a special-purpose area, special-purpose district, special-purpose zone, or district-unit planning zone following a reduction of urban areas;
5. Determining an agriculture-promotion area designated under the Farmland Act or a conserved mountainous district designated under the Mountainous Districts Management Act, as an agricultural and forestry area, in an area, other than an urban area;
6. Determining a park zone designated under the Natural Parks Act, a water resource protection district designated under the Water Supply and Waterworks Installation Act, and a designated cultural heritage or natural monuments and their protection zone designated under the Cultural Heritage Protection Act, as a natural environment preservation area;
6-2. Fully or partially altering any of the following urban or Gun planning facilities (referring to urban or Gun planning facilities prior to subdivision under Article 2 (3); hereafter the same shall apply in this subparagraph) or sites therefor, into any of the following facilities or sites therefor (including an alteration to locate at least two urban or Gun planning facilities on the same site):
(a) An athletic field and sports facility;
(b) Deleted; <by Presidential Decree No. 26970, Feb. 11, 2016>
(c) A crematorium, a cemetery, a charnel house, a natural burial site, and a funeral parlor;
6-3. Fully or partially altering cultural facilities (referring to cultural facilities subdivided under Article 2 (3), but excluding facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; hereafter the same shall apply in this subparagraph) or sites therefor, into other facilities or sites therefor (including an alteration made to locate at least two cultural facilities on the same site);
7. Altering minor matters stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport (referring to Ordinance of the Ministry of Oceans and Fisheries in cases of fishery-resource protection zones designated under Article 40 of the Act).
(4) Where a district-unit plan contains any of the following alterations, the district unit plan may be amended pursuant to the proviso to Article 30 (5) of the Act, without consultation with the head of the related administrative agency and the Minister of Land, Infrastructure and Transport, or deliberation by the Central Urban Planning Committee, local urban planning committee, or joint committee under paragraph (2): Provided, That where the district unit plan contains an alteration provided in subparagraph 14, it shall be deliberated on by the joint committee: <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 20535, Jan. 8, 2008; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 25718, Nov. 11, 2014; Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 26928, Jan. 22, 2016; Presidential Decree No. 27172, May 17, 2016; Presidential Decree No. 27744, Dec. 30, 2016>
1. An alteration provided in each subparagraph of paragraph (3), which is the determination for altering a special-purpose area, special-purpose district, or an urban or Gun planning facility determined by a district unit plan;
2. An alteration by up to 10 percent of the area of a block (including a separate zone referred to in Article 42-3 (2) 4; hereafter in this paragraph the same shall apply);
3. An alteration by up to 30 percent of the demarcated land;
4. An alteration by up to 20 percent of the height of a building (including alterations accompanying a change in the number of floors);
5. An alteration of the scale and creation plan of demarcated land referred to in each item of Article 46 (7) 2;
6. An alteration by up to 1 meter of the construction line;
7. An alteration of the construction line or car park entrance and exit, which is determined following deliberation on a traffic impact statement under Article 17 or 18 of the Urban Traffic Improvement Promotion Act;
8. An alteration of the layout, shape, or color of a building;
9. An alteration of minor matters determined by a district unit plan: Provided, That alterations of a special-purpose area, special-purpose district, urban or Gun planning facility, the area of a block, the area of demarcated land, the height of a building, or construction line, shall be excluded;
10. A reduction in the building-to-land ratio or floor area ratio determined by a development plan, which is deemed a Class-II district-unit plan under Article 17 (2) of Addenda to the National Land Planning and Utilization Act (Act No. 6655), or an increase of such building-to-land ratio or floor area ratio by up to 10 percent (excluded herefrom shall be an increase in excess of limits on the building-to-land ratio or floor area ratio provided in Article 47 (1));
11. An alteration by up to 10 percent of the area of a district unit planning zone (or 5 percent, where an alteration of a special-purpose area is included) and an amendment of a district unit plan for the altered special-purpose area;
12. An alteration of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
13. An alteration of other matters prescribed by Urban or Gun Planning Ordinance, similar to those provided in subparagraphs 1 through 12;
14. An alteration of a district unit plan to reflect the relaxed building-to-land ratio or floor area ratio under the provisions of other statutes, such as the Building Act.
(5) A public notice of the determination of an urban or Gun management plan under Article 30 (6) and (7) of the Act, shall be provided by publishing the following matters in the official gazette where it is provided by the Minister of Land, Infrastructure and Transport, or in the official report of the relevant City/Do or Si/Gun where it is provided by a Mayor/Do Governor or the head of a Si/Gun: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 22142, Apr. 29, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
1. Purport that it is a plan referred to in any item of subparagraph 4 of Article 2 of the Act;
2. Location;
3. Area or scale;
4. Other matters stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport.
(6) When a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor publicly notifies the determination of an urban or Gun management plan, which includes the jurisdiction of another Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, he/she shall forward related documents to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 26 (Special Cases on Works in Progress)
(1) Any person who has already undertaken a project or works at the time of a determination of an urban or Gun management plan on the designation of an urbanization-coordination zone or a fishery resource protection zone, shall file a report on the details of such project or works to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Special Self-Governing City Mayor, the Governor of the competent Special Self-Governing Province, or the head of the competent Si/Gun within three months from the date of the public announcement of a determination of an urban or Gun management plan for the designation of an urbanization-coordination zone or a fishery resource protection zone, under the proviso to Article 31 (2) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Where activities reported pursuant to paragraph (1) are performed to alter the form and quality of land aiming at building the structure, any person intending to build the relevant structure may build the relevant structure when he/she files an application for a building permit within three months after completion of the works for the alteration of the form and quality of land.
(3) Where a public announcement is made on the determination of an urban or Gun management plan under paragraph (1), any person intending to build the relevant structure may build the relevant structure when he/she files an application for a building permit within six months from the date of the public announcement of the determination of the relevant urban or Gun management plan. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 27 (Period of Approval of Topographic Maps)
"Period prescribed by Presidential Decree" in the latter part of Article 32 (2) of the Act means a period not exceeding 30 days.
[This Article Wholly Amended by Presidential Decree No. 25090, Jan. 14, 2014]
 Article 28 Deleted. <by Presidential Decree No. 25090, Jan. 14, 2014>
 Article 29 (Adjustment of Urban or Gun Management Plans)
(1) To adjust an urban or Gun management plan pursuant to Article 34 (1) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall review the following matters and reflect the results thereof in formulating the urban or Gun management plan: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 26721, Dec. 15, 2015; Presidential Decree No. 27744, Dec. 30, 2016; Presidential Decree No. 28324, Sep. 19, 2017; Presidential Decree No. 28553, Dec. 29, 2017>
1. The urban or Gun management plan for installing an urban or Gun planning facility: The following matters:
(a) Feasibility of the determination of the urban or Gun planning facility where the urban or Gun planning facility project for installing such urban or Gun planning facility has not been implemented wholly or partially within three years from the date the determination of the urban or Gun planning facility is publicly notified;
(b) Whether to cancel an urban or Gun planning facility which need not be maintained due to changes in circumstances, etc. among facilities installed based on the determinations of urban or Gun planning facility;
2. The urban or Gun management plan for designating a special-purpose district:
(a) Whether to alter or cancel a special-purpose district the purpose of the designation of which has been achieved or which need not be maintained due to changes in circumstances, etc.;
(b) Where a district-unit plan is formulated or an area, district, etc. under other Acts is designated because a district-unit planning zone was designated overlapping the relevant special-purpose district, the feasibility of maintaining the special-purpose district, including whether to alter and cancel the special-purpose district;
(c) Where at least two special-purpose districts are designated overlapping one another, whether it is necessary to replace the relevant special-purpose district with another district through a district-unit plan, which contains matters provided in Article 52 (1) 1-2 of the Act, considering the purpose of the designation of the special-purpose district, changes in circumstances, etc.
(2) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall adjust an urban or Gun management plan according to the following criteria pursuant to Article 34 (2) of the Act: <Newly Inserted by Presidential Decree No. 26721, Dec. 15, 2015>
1. An urban or Gun planning facility for which an urban or Gun management plan should be adjusted (hereinafter referred to as "facility subject to improvement") shall be an urban or Gun planning facility, the project for installing which has not been implemented, and ten years have passed from the date the determination of the urban or Gun planning facility was publicly notified: Provided, That a facility in which case ten years have not passed from the date the determination of the urban or Gun planning facility was publicly notified may be included, where necessary, such as where a facility need to be examined because it is adjacent to the facility subject to improvement;
2. Criteria for improving facilities subject to improvement shall be as follows:
(a) Where an urban or Gun planning facility project is to be implemented, a facility impracticable to implement such project among facilities subject to improvement due to the occurrence of a legal, technical, or environmental problem shall be classified as an urban or Gun planning facility subject to preferential cancellation;
(b) Facilities subject to improvement, excluding urban or Gun planning facilities classified as those subject to preferential cancellation pursuant to item (a) shall be classified as facilities subject to cancellation or facilities subject to adjustment after examining the necessity of maintenance, the ability of execution, etc.;
(c) An urban or Gun management plan shall be formulated for the cancellation of urban or Gun planning facilities classified as those subject to preferential cancellation pursuant to item (a) or those subject to cancellation pursuant to item (b), and a phased implementation plan shall be formulated or reformulated under Article 85 of the Act for urban or Gun planning facilities classified into those subject to adjustment pursuant to item (b), and shall be reflected in the relevant urban or Gun management plan.
(3) When the head of a Si/Gun that need not formulate an urban or Gun master plan pursuant to the proviso to Article 18 (1) of the Act adjusts an urban or Gun management plan in accordance with Article 34 of the Act, he/she shall include the long-term development scheme of that Si/Gun in the descriptions of a plan prepared under Article 25 (2) of the Act, and hold a public hearing to gather opinions thereon from residents. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) Article 12 shall apply mutatis mutandis to public hearings referred to in paragraph (2).
SECTION 2 Special-Purpose Area, Special-Purpose District, and Special-Purpose Zone
 Article 30 (Subdivision of Special-Purpose Areas)
The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the Mayor of a large city (hereinafter referred to as "Mayor of a large City") with a population of at least a half million (hereinafter referred to as "large City") excluding the Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 175 of the Local Autonomy Act may determine a residential area, commercial area, industrial area, and green area by determination of an urban or Gun management plan by subdividing them in a manner falling under each of the following subparagraphs under Article 36 (2) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
1. A residential area:
(a) An exclusive residential area: An area required for protecting favorable residential environments:
(i) A class I exclusive residential area: An area required for protecting favorable residential environments centered around independent housing;
(ii) A class II exclusive residential area: An area required for protecting favorable residential environments centered around multi-unit housing;
(b) A general residential area: An area required for creating convenient residential environments:
(i) A class I general residential area: An area required for creating convenient residential environments centered around low-floor housing;
(ii) A class II general residential area: An area required for creating convenient residential environments centered around mid-floor housing;
(iii) A class III general residential area: An area required for creating convenient residential environments centered around mid- and high-floor housing;
(c) A quasi-residential area: An area required for supplementing a part of the commercial function and business functions to support it by centering around residential function;
2. A commercial area:
(a) A central commercial area: An area required for expanding the commercial and business functions in the center and subcenter of a metropolis;
(b) A general commercial area: An area required for the general commercial function and business function;
(c) A neighboring commercial area: An area required for supplying the daily necessities and services in the neighboring area;
(d) A circulative commercial area: An area required for increasing the circulation function in the city and between the areas;
3. An industrial area:
(a) An exclusive industrial area: An area required for admitting mainly the heavy chemical industry, pollutive industries, etc.;
(b) A general industrial area: An area required for allocating the industry not impeditive to the environments;
(c) A quasi-industrial area: An area for admitting the light industry and other industries, but in need of supplementing the residential, commercial functions and business function;
4. A green area:
(a) A green conservation area: An area requiring conservation of natural environment, scenery, forest and green areas in the city;
(b) A green production area: An area requiring reservation on development for the main purpose of agricultural production;
(c) A green natural area: An area requiring preservation for securing green area space, prevention of city's expansion, supply of future city sites, etc., in which restrictive development is allowed for only inevitable cases.
 Article 31 (Designation of Special-Purpose Districts)
(1) "Infrastructure prescribed by Presidential Decree, such as harbors and airports" in Article 37 (1) 5 of the Act means harbors, airports, public facilities (referring to facilities prescribed by urban or Gun planning ordinance, which are public business facilities, cultural facilities, convention facilities and sports facilities whose public necessity is recognized, and other facilities similar thereto), correctional facilities, and military facilities. <Newly Inserted by Presidential Decree No. 28553, Dec. 29, 2017>
(2) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the Mayor of a large city may designate a scenic district, disaster prevention district, protection district, settlement district, and development promotion district by determination of an urban or Gun management plan pursuant to Article 37 (2) of the Act by subdividing them as follows: <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 28553, Dec. 29, 2017>
1. A scenic district:
(a) A natural scenic district: A district required for protecting or maintaining natural scenery, such as a mountainous area or hilly area;
(b) An urban scenic district: A district required for protecting or maintaining the scenery of an urban area, such as a residential area or the central place within the area;
(c) A special scenic district: A district required for protecting, maintaining, or forming a special scenery, such as the scenery of the major waterside area or around a building highly worthy of conservation culturally within the area;
2. and 3. Deleted; <by Presidential Decree No. 28553, Dec. 29, 2017>
4. A disaster prevention district:
(a) An urban disaster prevention district: A district which requires disaster prevention through the improvement, etc. of facilities, which is an area with densely packed buildings and heavily populated;
(b) A natural disaster prevention district: A district which requires disaster prevention through restrictions, etc. on construction, which is an area, such as the seashore, river skirts or steep sloping land, where the rate of land use is low;
5. A protection district:
(a) A historic and cultural environment protection district: A district required for protecting and keeping areas and facilities highly worthy of conservation historically and culturally, such as cultural heritage and traditional Buddhist temples;
(b) An important facility protection district: A district required for protecting an important facility (referring to facilities provided in paragraph (1); hereinafter the same shall apply) and for maintaining and promoting its function;
(c) An ecosystem protection district: A district required for protecting and keeping areas highly worthy of conservation ecologically, such as the habitats of wild animals and plants;
6. Deleted; <by Presidential Decree No. 28553, Dec. 29, 2017>
7. A settlement district:
(a) A natural settlement district: A district required for consolidating communities within a green area, control area, agricultural and forestry area, or natural environment conservation area;
(b) A collective settlement district: A district required for consolidating communities within a development-restricted zone;
8. A development promotion district:
(a) A residence development promotion district: A district in need of development and consolidation centered around residential functions;
(b) An industry and distribution development promotion district: A district in need of development and consolidation centered around industrial, distribution and logistics functions;
(c) Deleted; <by Presidential Decree No. 23718, Apr. 10, 2012>
(d) A tourism and recreation development promotion district: A district in need of development and consolidation centered around tourism and recreation functions;
(e) A complex development promotion district: A district in need of development and consolidation centered around two or more functions among the residential function, industrial function, circulation and distribution function, and tourism and recreational function;
(f) A specific development promotion district: A district in need of development and consolidation for special-purposes centered around functions, other than a residential function, industrial function, circulation and distribution function, tourism and recreational functions.
(3) When necessary considering the given local conditions, the Mayor/Do Governor or the Mayor of a large city may additionally subdivide a scenic district prescribed in paragraph (2) 1 (including the subdivision of a special scenic district), or subdivide an important facility protection area prescribed in paragraph (2) 5 (b) and a specific-purpose restriction district prescribed in Article 37 (1) 8 of the Act for designation, as prescribed by urban or Gun planning ordinance of the relevant City/Do or large city. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
(4) The following standards shall be complied with to determine special-purpose districts, other than the special-purpose districts provided in the subparagraphs of Article 37 (1) of the Act, by urban or Gun planning ordinance of a City/Do or a large city pursuant to paragraph (3) of the same Article: <Amended by Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 27744, Dec. 30, 2016>
1. To ensure that a special-purpose district is newly designated only where there exist unavoidable causes making efficient land utilization impossible with only special-purpose areas, special-purpose districts, special-purpose zones, or district-unit planning zones prescribed by the Act or areas and districts designated under other Acts;
2. To ensure that restrictions on activities within a special-purpose district shall be limited to the minimum extent necessary for achieving the purpose for which the same special-purpose district is designated;
3. To ensure that no special-purpose district is newly established which relaxes restrictions on activities in the relevant special-purpose area or special-purpose zone.
(5) "Area prescribed by Presidential Decree, such as an area where coastal erosion is happening or is likely to happen" in Article 37 (4) of the Act means any of the following areas: <Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014>
1. An area designated as a coastal erosion control area under Article 20-2 of the Coast Management Act (limited to the coastal landward boundary defined in subparagraph 3 of Article 2 of the same Act), which requires special management because serious damage occurs or is likely to occur due to coastal erosion;
2. An area where human lives have been lost because the same disaster, such as wind damage and flooding or a landslide, occurred at least twice within the most recent ten years, which is likely to suffer significant damage when the same disaster occurs in the future.
(6) "Residential area, industrial area, and management area prescribed by Presidential Decree" in Article 37 (5) of the Act means any of the following special-purpose areas: <Amended by Presidential Decree No. 28553, Dec. 29, 2017>
1. A general residential area;
2. A general industrial area;
3. A planned management area.
(7) The Mayor/Do Governor or the Mayor of a large city shall comply with the following standards to designate a combined special-purpose district pursuant to Article 37 (5) of the Act: <Newly Inserted by Presidential Decree No. 28553, Dec. 29, 2017>
1. To designate a combined special-purpose district in cases where it is appropriate to relax building restrictions only in a special-purpose area because infrastructure is likely to become insufficient when that special-purpose area is altered;
2. To designate a combined special-purpose district within an area where there are many changes in land use and in traffic conditions, such as an intersection of arterial roads or junction of public transportation, or within an area where it is necessary to utilize land efficiently, such as a boundary area between special-purpose areas and the roadside;
3. To designate a combined special-purpose district within not more than 1/3 of the gross area of a special-purpose area lest the purpose of designating that special-purpose area be seriously compromised;
4. An area eligible for designation shall meet standards prescribed and announced by the Minister of Land, Infrastructure and Transport for the systematic and planned development and management of the relevant area.
 Article 32 (Designation of Urbanization-Coordination Zones)
(1) "Period prescribed by Presidential Decree" in the main sentence of Article 39 (1) of the Act means the period of at least five years, but not exceeding 20 years. <Amended by Presidential Decree No. 25090, Jan. 14, 2014>
(2) When the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor intends to designate or alter an urbanization-coordination zone pursuant to Article 39 (1) of the Act, he/she shall set the period of reserving the urbanization by an urban or Gun management plan, considering the movement of population, status of land utilization, status of industrial development, etc. in the relevant urban area and its peripheral areas. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
(3) A public announcement of invalidation of designating an urbanization-coordination zone under the latter part of Article 39 (2) of the Act shall be made by stating the date of invalidation, cause for invalidation, and the details of an invalid urban or Gun management plan in the official gazette where the Minister of Land, Infrastructure and Transport makes such public announcement or in the official report of the relevant City/Do where the Mayor/Do Governor makes such public announcement. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
 Article 33 (Designation of Special-Purpose Area for Reclaimed Land of Public Water Area)
(1) "Special-purpose area" in the former part of Article 41 (1) of the Act and paragraph (2) of the same Article means a special-purpose area under each subparagraph of Article 6 of the Act.
(2) A public announcement under the latter part of Article 41 (1) of the Act shall be made by notification in the official report of the relevant City/Do.
 Article 34 (Public Announcement of Restoration of Special-Purpose Areas)
A public announcement of the restoration of a special-purpose area under the latter part of Article 42 (4) of the Act shall be made by announcing the date of restoration, reasons for restoration, and the details of an urban or Gun management plan under which a special-purpose area has been restored in the official report of the relevant City/Do. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
SECTION 3 Urban or Gun Planning Facilities
 Article 35 (Installation and Management of Urban or Gun Planning Facilities)
(1) "Cases prescribed by Presidential Decree" in the proviso to Article 43 (1) of the Act means the following cases: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19130, Nov. 11, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21807, Nov. 2, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 26970, Feb. 11, 2016; Presidential Decree No. 27744, Dec. 30, 2016>
1. Where intending to install the following infrastructure in an urban area or a district-unit planning zone: Inspection facilities for automobiles and construction equipment:
(a) A parking lot, an inspection facility for motor vehicles and construction equipment, a motor vehicle and construction equipment driving school, vacant public land, a heat-supply facility, a broadcasting and communications facility, a market, a public office building, a cultural facility, a sports facility deemed necessary for public use, a research facility, a social welfare facility, a public vocational training facility, a juvenile training facility, a reservoir, a fire prevention facility, a windbreak facility, a flood protection facility, an erosion control facility, tide embankments, a funeral parlor, a general medical facility, and a junkyard;
(b) Infrastructure in a park subject to an occupation permit under the Act on Urban Parks, Green Areas, Etc.;
(c) Other facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. Where intending to install the following infrastructure in areas, other than an urban area and a district-unit planning zone:
(a) The infrastructure referred to in subparagraph 1 (a) and (b);
(b) Tramways and power supply facilities;
(c) Other facilities stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Urban or Gun planning facilities managed by the State pursuant to Article 43 (3) of the Act shall be managed by the heads of central government agencies defined in subparagraph 11 of Article 2 of the State Property Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21641, Jul, 27, 2009: Presidential Decree No. 22815, Apr. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012>
 Article 35-2 (Installation of Utility Tunnels)
(1) "Scale prescribed by Presidential Decree" in Article 44 (1) of the Act means two million square meters.
(2) "Areas prescribed by Presidential Decree" in Article 44 (1) 5 of the Act, means the following areas: <Amended by Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 26762, Dec. 28, 2015>
1. A public housing district defined in subparagraph 2 of Article 2 of the Special Act on Public Housing;
[This Article Newly Inserted by Presidential Decree No. 22264, Jul, 9, 2010]
 Article 35-3 (Facilities to be Housed in Utility Tunnels)
Where a utility tunnel is installed, facilities referred to in subparagraphs 1 through 6 shall be housed in a utility tunnel pursuant to Article 44 (3) of the Act, and the facilities referred to in subparagraphs 7 and 8 may be housed in a utility tunnel following deliberation thereon by a utility tunnel council under Article 44-2 (4) of the Act (hereinafter referred to as "utility tunnel council"):
1. Power cable conduits;
2. Communications cable conduits;
3. Water-pipes;
4. Heat-transporting pipes;
5. Gray water pipes;
6. Waste-transporting pipes;
7. Gas pipes;
8. Sewerage pipes and other facilities.
[This Article Newly Inserted by Presidential Decree No. 22264, Jul, 9, 2010]
 Article 36 (Hearing Opinions on Installation of Utility Tunnels)
(1) Any implementer of a urban planning project under Article 44 (1) of the Act (hereafter referred to as "project implementer" in this Article and Articles 37, 38, and 39-2) shall first notify a person who intends to occupy and use a utility tunnel to install facilities to be housed in a utility tunnel (hereinafter referred to as "person scheduled to occupy and use a utility tunnel") of the following matters before installing a utility tunnel:
1. Location for a utility tunnel;
2. Structure of a utility tunnel;
3. Particulars of a person scheduled to occupy and use utility tunnels;
4. Summary of the portions scheduled to occupy and use a utility tunnel by a person scheduled to occupy and use utility tunnels;
5. Expenses incurred in installing a utility tunnel and matters on apportionment of such expenses;
6. Scheduled commencement and completion date of works.
(2) Any person scheduled to occupy and use a utility tunnel in receipt of notice on the installation of a utility tunnel under paragraph (1) shall submit his/her opinions, including expenses, etc. incurred in installing individual relevant facilities, by the deadline set by the relevant project implementer.
(3) When a project implementer has received a written opinion under paragraph (2), he/she undergo deliberation on the installation plan, etc. of a utility tunnel by a utility tunnel council, and reflect the outcome thereof in the application for authorization of an implementation plan for a development project under Article 44 (1) of the Act (including approval of an implementation plan, authorization for the implementation of a project and approval of a district planning; hereafter referred to as "authorization, etc. of an implementation plan for a development project" in Article 38 (3)).
[This Article Wholly Amended by Presidential Decree No. 22264, Jul, 9, 2010]
 Article 37 (Admittance into Utility Tunnels)
(1) When an implementer of a urban planning project has completed works for installing a utility tunnel, he/she shall individually notify persons scheduled to occupy and use a utility tunnel of the following matters without delay: <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
1. A period for occupancy and use works for facilities to be housed in a utility tunnel;
2. Location to install a utility tunnel and design drawings;
3. Types of facilities which can be housed in a utility tunnel;
4. Considerations for works on occupancy and use of a utility tunnel.
(2) Any person scheduled to occupy and use a utility tunnel shall house the facilities to be housed in a utility tunnel within the period for occupation works under paragraph (1) 1: Provided, That the same shall not apply to cases where a prior consultation has been held with the project implementer, since a special condition exists under which it is impossible to complete occupation works within such period. <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
(3) Any person scheduled to occupy a utility tunnel shall remove the previous facilities whose usage has been abolished due to an admittance into a utility tunnel of the facilities to be admitted into the utility tunnel, within the period designated by the project implementer, and the road shall be restored to its original state. <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
 Article 38 (Expenses, etc. Incurred in Installing Utility Tunnels)
(1) Expenses incurred in installing a utility tunnel under the former part of Article 44 (5) of the Act are as follows: Provided, That a subsidy is provided under Article 44 (6) of the Act, the amount of the subsidy shall be deducted from such expenses: <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
1. Expenses incurred in relation to installation works;
2. Expenses incurred in relation to interior works;
3. Expenses incurred in relation to surveying and designing for installation;
4. When there exists a necessity to make any compensation due to an installation of a utility tunnel, costs of such compensation;
5. Expenses incurred in installing facilities annexed to a utility tunnel;
6. When a loan is provided under Article 44 (6) of the Act, the amount equivalent to interests on the loan.
(2) Expenses incurred in installing a utility tunnel, which shall be borne by a person scheduled to occupy and use the utility tunnel pursuant to the latter part of Article 44 (5) of the Act, shall be expenses incurred in burying facilities individually, but shall be determined by the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun (hereafter referred to as "utility tunnel manager" in Articles 39 and 39-3) in consideration of the location, size, surrounding conditions, etc. of the relevant utility tunnel, following deliberation thereon by a utility tunnel council. <Amended by Presidential Decree No. 22264, Jul, 9, 2010; Presidential Decree No. 23718, Apr. 10, 2012>
(3) A project implementer shall, without delay, notify a person scheduled to occupy and use a utility tunnel, after authorization, etc. is granted for an implementation plan for a development project involving an installation of a utility tunnel, of the payment for a share in expenses computed under paragraphs (1) and (2). <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
(4) A person scheduled to occupy and use a utility tunnel in receipt of notice of payment for a share in expenses under paragraph (3) shall pay at least 1/3 of the share before commencing works for installing the utility tunnel, and the remainder thereof shall be paid before the period for occupancy and use works referred to in Article 37 (1) 1 (referring to the completion date of works, where such works complete prior to the expiration of the period) expires. <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
 Article 39 (Management, Operation, etc. of Utility Tunnels)
(1) "Institutions prescribed by Presidential Decree" in the proviso to Article 44-2 (1) of the Act means the following: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28586, Jan. 16, 2018>
1. A local government-invested public corporation or public corporation of a local government under Article 49 or 76 of the Local Public Enterprises Act;
2. The Korea Infrastructure Safety and Technology Corporation under Article 45 of the Special Act on the Safety Control and Maintenance of Establishments;
3. Institutions specialized in the management and operation of utility tunnels and determined by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun.
(2) A safety and maintenance plan of a utility tunnel referred to in Article 44-2 (2) of the Act shall include all the following matters:
1. Matters concerning securing an organization, human resources, and equipment for the safety and maintenance of the utility tunnel;
2. Matters concerning a system for taking measures in emergency;
3. Matters concerning plans for conducting safety inspections or precise safety diagnoses under Article 44-2 (3) of the Act;
4. Matters concerning collecting and keeping design drawings and documents related to the design, construction, supervision, maintenance, etc. of the utility tunnel;
5. Other matters necessary for the safety and maintenance of the utility tunnel.
(3) To formulate or amend a safety and maintenance plan of a utility tunnel under Article 44-2 (2) of the Act, a utility tunnel manager shall submit the plan to a utility tunnel council for deliberation after consulting with the heads of related administrative agencies in advance.
(4) After formulating or amending a safety and maintenance plan of a utility tunnel under paragraph (3), a utility tunnel manager shall send the related documents to the heads of related administrative agencies.
(5) A utility tunnel manager shall conduct safety inspection and precise safety diagnosis required under Articles 11 and 12 of the Special Act on the Safety Control and Maintenance of Establishments pursuant to Article 44-2 (3) of the Act. <Amended by Presidential Decree No. 28324, Sep. 19, 2017; Presidential Decree No. 28586, Jan. 16, 2018>
[This Article Wholly Amended by Presidential Decree No. 22264, Jul, 9, 2010]
 Article 39-2 (Composition, Operation, etc. of Utility Tunnel Councils)
(1) Matters deliberated upon and advised by a utility tunnel council pursuant to Article 44-2 (4) of the Act, are as follows:
1. Deliberation on plans, etc. for installing a utility tunnel under Article 44 (4) of the Act;
2. Deliberation on apportionment, etc. of expenses incurred in installing and managing a utility tunnel under Articles 44 (5) and 44-3 (1) of the Act;
3. Deliberation on safety and maintenance plans, etc. of a utility tunnel under Article 44-2 (2) of the Act;
4. Deliberation on permission to occupy and use a utility tunnel, expenses-sharing, etc. under Article 44-3 (2) and (3) of the Act;
5. Deliberation or consultation on other matters concerning the installation and management of a utility tunnel.
(2) A utility tunnel council shall be comprised of not less than 10 but not more than 20 members, including one chairperson and one vice-chairperson.
(3) The Vice-Mayor of the Special Metropolitan City, a Metropolitan City or a Special Self-Governing City, or the Vice-Governor of a Special Self-Governing Province, or the vice-head of a Si/Gun shall be the chairperson of a utility tunnel council, and the vice-chairperson shall be elected, from among its members: Provided, That the chairperson of a utility tunnel council jointly established in at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns shall be determined through consultation between the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, or Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of the relevant Sis/Guns. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) Members of a utility tunnel council shall be appointed or commissioned by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, from among the following persons, and the members of a utility tunnel council jointly established in at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns shall be appointed or commissioned through consultation among the relevant Special Metropolitan City Mayors, Metropolitan City Mayors, or Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of the relevant Sis/Guns. In such cases, the number of the members referred to in subparagraph 5 shall be at least 1/2 the total number of the members: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Public officials of the relevant local government;
2. Public officials of the competent fire station;
3. Employees of a project implementer;
4. Employees of a person scheduled to occupy and use a utility tunnel;
5. Persons who have knowledge and experience in the structural safety or disaster prevention affairs of a utility tunnel.
(5) The term of office of a member referred to in paragraph (4) 5 shall be two years: Provided, That the term of office of a newly commissioned member due to the resignation, etc. of the present member shall be the remaining term of office of his/her predecessor.
(6) Except as otherwise specifically provided in paragraphs (2) through (5), matters necessary for composing and operating the utility tunnel council shall be determined by urban or Gun planning ordinance of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 22264, Jul, 9, 2010]
 Article 39-3 (Management Expenses of Utility Tunnels)
Any utility tunnel manager may permit expenses incurred in managing a utility tunnel under Article 44-3 (1) of the Act to be paid in two installments, annually.
[This Article Newly Inserted by Presidential Decree No. 22264, Jul, 9, 2010]
 Article 40 (Supports, etc. for Installation of Metropolitan Facilities)
Where a local government intends to install metropolitan facilities in the jurisdictional area of another local government under Article 45 (4) of the Act, it shall either implement the following projects jointly with another local government, or provide a subsidy, etc. required for such projects: <Amended by Presidential Decree No. 26970, Feb. 11, 2016>
1. A project for preventing environmental pollution: A project for creating a green area, sewage system, or waste treatment facilities, and a project for preventing air pollution, water quality pollution, offensive odor, noise, and vibration;
2. A project for the convenience of local residents: A project to build roads, parks, water supply facilities, cultural facilities, social welfare facilities, a senior-citizen center, sewage system, general medical facilities, etc.
 Article 41 (Requests for Purchase of Sites for Urban or Gun Planning Facilities)
(1) Any person intending to request a purchase of land under Article 47 (1) of the Act shall submit a written request for purchase of sites for urban or Gun planning facilities (including a request made in the form of electronic documents) stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport, along with a certificate of registered matters of the relevant land and building, to a person liable for purchase under the proviso to the part other than each subparagraph of Article 47 (1) of the Act: Provided, That where a person liable for purchase is able to verify a certified copy of the register of relevant land and building through joint use of administrative information under Article 36 (1) of the Electronic Government Act, such verification shall substitute for the accompanying documents. <Amended by Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Article 26 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the scope of land of an absentee owner of immovables under Article 47 (2) 2 of the Act. In such cases, "date of public announcement of authorization for business" shall be construed as "date of a request for purchase". <Amended by Presidential Decree No. 19036, Sep. 8, 2005>
(3) Article 49 (1) 1 of the Enforcement Decree of the Corporate Tax Act shall apply mutatis mutandis to the scope of non-business land under Article 47 (2) 2 of the Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005>
(4) "Amount prescribed by Presidential Decree" in Article 47 (2) 2 of the Act means 30 million won.
(5) "Buildings or structures prescribed by Presidential Decree" in the former part, other than each subparagraph of Article 47 (7) of the Act, means the following: Provided, That where the scope of allowance is separately stipulated by urban or Gun planning ordinance of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, it shall govern: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 21629, Jul. 16, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25273, Mar. 24, 2014>
1. Independent houses with not more than three floors under subparagraph 1 (a) of attached Table 1 of the Enforcement Decree of the Building Act;
2. Type I neighborhood lifestyle facilities with not more than three floors specified under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act;
2-2. Type II neighborhood lifestyle facilities with not more than three floors specified under subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act (excluding items (o), (q), and (r) of the same subparagraph);
3. Structures.
 Article 42 (Public Notice of Invalidation and Recommendation of Cancellation of Determination on Urban or Gun Planning Facilities)
(1) Public notice of invalidation of a determination on urban or Gun planning facilities under Article 48 (2) of the Act shall be made by publishing the date of, and grounds for the invalidation, and the details of the invalid urban or Gun plan in the official gazette, if given by the Minister of Land, Infrastructure and Transport, and in the official report of the relevant City/Do or large city, if given by the Mayor/Do Governor or the Mayor of such large city. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (hereafter in this Article, referred to as "head of a local government") shall report the following matters in relation to urban or Gun planning facilities, the installation of which is no longer required, among urban or Gun planning facilities, the determination on which has been publicly notified pursuant to Article 48 (3) of the Act, or on urban or Gun planning facilities, no urban or Gun planning facilities project to install which has been executed (hereafter in this Article, referred to as “urban or Gun planning facilities unexecuted for a prolonged period”) until ten years have passed from the date of such public notice, to the relevant local council annually during its regular session or extraordinary session held under Article 44 or 45 of the Local Autonomy Act. In such cases, the head of a local government may seek advice from the local urban planning committee of that local government or consult with the head of the relevant administrative agency in advance, if deemed necessary: <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25718, Nov. 11, 2014>
1. The overall status of urban or Gun planning facilities, etc. unexecuted for a prolonged period (referring to kinds of facilities, the area thereof, expenses to be incurred in installing such facilities, etc.);
2. The names, the dates of public notice, the dates of public notice of modification, locations, scales, grounds for failure in the execution, implementation plans by phase, rough drawings, photographs of the status, or aerial photographs of urban or Gun planning facilities, etc. unexecuted for a prolonged period, and opinions on the cancellation of the relevant facilities;
3. Other matters necessary for deliberation or resolution by the local council.
(3) The head of a local government shall report to the relevant local council every two years on urban or Gun planning facilities, etc. unexecuted for a prolonged period, the determination on which has not been cancelled from the time he/she files the first report, among urban or Gun planning facilities, etc. unexecuted for a prolonged period on which he/she has reported to the relevant local council pursuant to paragraph (2). In such cases, paragraph (2) shall apply mutatis mutandis to reporting to the local council. <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25718, Nov. 11, 2014>
(4) Where a local council recommends the head of the relevant local government to cancel urban or Gun planning facilities, etc. unexecuted for a prolonged period pursuant to Article 48 (4) of the Act, it shall send the documents (the names, locations, scales, grounds for cancellation, etc. of urban or Gun planning facilities shall be included therein) stating a recommendation of the cancellation thereof, to the head of the relevant local government within 90 days of receipt of a report under paragraph (2) or (3). <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
(5) The head of a local government recommended to cancel urban or Gun planning facilities, etc. unexecuted for a prolonged period pursuant to paragraph (4) shall determine an urban or Gun management plan for the cancellation thereof within one year from the date it is recommended to cancel the relevant urban or Gun planning facilities, etc. unexecuted for a prolonged period, except in an extenuating circumstance where such urban or Gun planning facilities, etc. cannot be cancelled, in consideration of the correlation with a higher-level plan, an implementation plan by phase, traffic, environment, opinions of residents, etc. In such cases, the head of a local government shall provide the relevant local council with evidence of an extenuating circumstance where such urban or Gun planning facilities, etc. cannot be cancelled within six months from the date he/she is recommended to cancel such facilities, etc. <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
(6) Notwithstanding paragraph (5), where the head of a Si/Gun needs the cancellation of an urban or Gun management plan determined by a Do Governor pursuant to Article 24 (6) of the Act, he/she shall request the Do Governor to make such determination. <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
(7) A Do Governor requested to cancel a determination on urban or Gun planning facilities pursuant to paragraph (6) shall determine an urban or Gun management plan to cancel the relevant urban or Gun planning facilities within one year from the date he/she is requested to cancel such determination, except in extenuating circumstances. <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 42-2 (Filing Applications, etc. to Revoke Determination of Urban or Gun Planning Facilities)
(1) Where a landowner intends to apply for formulating an urban or Gun management plan to revoke the determination of an urban or Gun planning facility pursuant to Article 48-2 (1), the landowner shall file an application stating the following with the person who has authority to formulate an urban or Gun management plan concerning the urban or Gun planning facility (hereafter referred to as "person who has authority to formulate urban or Gun management plans" in this Article):
1. Current status of land owned by an applicant (hereafter referred to as "land owned by an applicant" in this Article) within the site for the urban or Gun planning facility;
2. Outline of the urban or Gun planning facility;
3. Grounds for applying for formulating an urban or Gun management plan to revoke the determination of the urban or Gun planning facility (hereafter referred to as "formulating an urban or Gun management plan for revocation" in this Article).
(2) "Extenuating circumstances prescribed by Presidential Decree, such as where he/she formulates an implementation plan to build the relevant urban or Gun planning facility by the time the determination of such urban or Gun planning facility becomes invalid" in Article 48-2 (2) of the Act means cases falling under any of the following:
1. Where the implementation plan is formulated or amended to build the relevant urban or Gun planning facility by the time the determination of such urban or Gun planning facility becomes invalid;
2. Where the implementation plan for the relevant urban or Gun planning facility is approved under Article 88 of the Act;
3. Where a compensation plan formulated under Article 15 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the relevant urban or Gun planning facility is publicly announced (including where a landowner and interested persons are notified respectively, however, a public announcement is omitted pursuant to the proviso to paragraph (1) of the same Article);
4. Where procedures for designating a parcel of land including all land owned by an applicant as an area, district, etc. to implement a public works project under subparagraph 8 of Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects or for granting approval, etc. of a project plan are underway or have been completed;
5. Where procedures for amending the urban or Gun management plan are underway to revoke the determination of the relevant urban or Gun planning facility.
(3) "Cases prescribed by Presidential Decree, such as where no urban or Gun management plan is formulated to revoke the determination of the relevant urban or Gun planning facility" in Article 48-2 (3) of the Act means the following cases:
1. Where a person who has authority to formulate urban or Gun management plans decides not to formulate an urban or Gun management plan for revocation pursuant to Article 48-2 (2) of the Act for any reason other than those provided in the subparagraphs of paragraph (2) and notifies an applicant of his/her decision;
2. A person who has authority to formulate urban or Gun management plans has notified an applicant of his/her decision to formulate an urban or Gun management plan for revocation pursuant to Article 48-2 (2) of the Act, and formulates the urban or Gun management plan for revocation. However, a person who has authority to determine urban or Gun management plans concerning the relevant urban or Gun planning facility (hereafter referred to as "person who has authority to determine urban or Gun management plans" in this Article) decides not to cancel land owned by an applicant, wholly or partially, through procedures for determining the urban or Gun management plan under Article 30 of the Act (including where a person who has authority to formulate urban or Gun management plans notifies an applicant of his/her decision not to formulate the urban or Gun management plan for revocation for the reason provided in paragraph (2) 5, however, a person who has authority to determine urban or Gun management plans decides not to cancel land owned by an applicant, wholly or partially, through procedures for amending the urban or Gun management plan).
(4) "Cases prescribed by Presidential Decree, such as where the determination of the relevant urban or Gun planning facility is not revoked" in Article 48-2 (5) of the Act means the following cases:
1. Where a person who has authority to determine urban or Gun management plans decides not to revoke the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (4) of the Act, and notifies an applicant of his/her decision;
2. Where a person who has authority to determine urban or Gun management plans has notified an applicant of his/her decision to revoke the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (4) of the Act, however, he/she decides not to cancel land owned by an applicant, wholly or partially, through procedures for amending the urban or Gun management plan under Article 30 of the Act.
(5) Upon receipt of an application to examine the revocation of the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (5) of the Act, the Minister of Land, Infrastructure and Transport may request a person who has authority to formulate urban or Gun management plans and a person who has authority to determine urban or Gun management plans to submit related documents, etc. for examining whether to revoke the determination of the urban or Gun planning facility.
(6) To recommend the revocation of the determination of the urban or Gun planning facility pursuant to Article 48-2 (6) of the Act, the Minister of Land, Infrastructure and Transport shall submit the relevant case to the Central Urban Planning Committee for deliberation.
(7) Where a person who has authority to formulate urban or Gun management plans requests the local council to submit its opinion to formulate the urban or Gun management plan for revocation pursuant to Article 48-2 (2), (4), or (7) of the Act, the local council shall submit its opinion within 60 days after receipt of such request. In such cases, the local council is deemed to have no opinion if it does not submit its opinion within the 60-day period.
(8) A decision on revoking the determination of the urban or Gun planning facility (including a decision not to revoke the determination thereof; hereafter the same shall apply in this Article) under Article 48-2 (2), (4), or (7) of the Act shall be implemented within six months (or within tow month if a decision is made pursuant to the main sentence of paragraph (9)) from any of the following dates: Provided, That where a special consultation is required under the relevant Acts, the period necessary for such consultation shall be excluded from calculating the same period:
1. Where notice is given to formulate the urban or Gun management plan to revoke the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (2) of the Act: The date on which the person who has authority to formulate the urban or Gun management plan notifies an applicant of his/her decision on formulating the urban or Gun management plan pursuant to the same paragraph;
2. Where notice is given to revoke the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (4) of the Act: The date on which the person who has authority to determine the urban or Gun management plan notifies an applicant of his/her decision on revoking the determination of the relevant urban or Gun planning facility pursuant to the same paragraph;
3. Where a person who has authority to determine an urban or Gun management plan is recommended to revoke the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (7) of the Act: The date on which the person who has authority to determine the urban or Gun management plan is recommended to revoke the determination thereof pursuant to paragraph (6) of the same Article.
(9) Where a person who has authority to determine urban or Gun management plans has already followed procedures for determining the urban or Gun management plan under Article 30 of the Act in the earlier stages to decide on revoking the determination of the relevant urban or Gun planning facility pursuant to Article 48-2 (4) or (7) of the Act, the person may decide on revoking the determination of the relevant urban or Gun planning facility following deliberation by the relevant local urban planning committee only, notwithstanding Article 30 of the Act: Provided, That the foregoing shall not apply where the person who has authority to determine the urban or Gun management plan deems it necessary to amend the urban or Gun management plan formulated.
(10) Except as provided in paragraphs (1) through (9), procedures and deadlines for formulating and revoking urban or Gun management plans to revoke the determination of urban or Gun planning facilities, and other necessary matters, shall be prescribed by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 27744, Dec. 30, 2016]
 Article 42-3 (Formulation of District-Unit Plans)
(1) "Matters prescribed by Presidential Decree" in Article 49 (1) 4 of the Act, means the following:
1. Revitalizing a community;
2. Creating a safe and sustainable living environment;
3. Coordinating a land utilization plan and a building plan, considering land utilization in the relevant area and its neighborhood.
(2) The Minister of Land, Infrastructure and Transport shall take account of the following to establish standards for formulating district-unit plans pursuant to Article 49 (2) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 27172, May 17, 2016; Presidential Decree No. 27472, Aug. 31, 2016; Presidential Decree No. 28553, Dec. 29, 2017>
1. To ensure that the purpose of designating a development restriction area is not compromised or the surrounding environment is not damaged and preferentially apply the Act on Special Measures for Designation and Management of Development Restriction Zones, when formulating a district-unit plan for the development restriction area;
1-2. To minimize environmental damage, such as planning the relevant district as a green area or park, except in cases prescribed in the latter part of Article 44 (1) 1-2, when formulating a district-unit plan for a conservation and control area;
1-3. Where formulating a district-unit plan for a historic and cultural environment preservation area designated under Article 13 of the Cultural Heritage Protection Act, the district-unit plan shall be formulated in harmony with the cultural heritage and historic and cultural environment therein;
2. Where necessary for uncongested traffic in a district-unit planning area, the competent authority shall allow a household to which a building site belongs, to individually or jointly install a parking lot annexed to the relevant building outside of the relevant building site by a district-unit plan. In such cases, the location, scale, etc. of the parking lot annexed to a building jointly installed outside of the building site shall be determined by a district-unit plan;
3. No entrance to a parking lot annexed to a building installed outside of a building site under subparagraph 2 shall be placed on the trunk road side: Provided, That this shall not apply where the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun deems that the entrance on the trunk road side does not obstruct traffic according to the traffic plan of the relevant district-unit planning area;
4. Where necessary for performing a public project, constructing a large building, or for owners of at least two parcels of land in a district-unit planning area to perform joint development, the competent authority shall designate a specific part as a separate area so that the level of the details of a plan therefor may be separately determined;
5. The competent authority shall examine whether it is necessary to determine insignificant matters referred to in Article 25 (4) 8, considering the purposes of designating a district-unit planning area, expected changes in the conditions thereof in the future, a plan for the management thereof, etc., and reflect the necessity of such determination in the district-unit plan;
6. Where matters by which an existing special-purpose area or special-purpose district is changed to a special-purpose area or special-purpose district subject to the higher floor area ratio, are included in the details of a district-unit plan, the competent authority shall apply the floor area ratio of the existing special-purpose area or special-purpose district to the floor area ratio of an area to be changed, and formulate a plan so that it may leniently apply limits on the floor area ratio, based on the current status of supply of sites for public facilities, etc.;
7. The competent authority shall formulate a district-unit plan, including the lenient limits on the building-to-land ratio or the floor area ratio under Articles 46 and 47;
8. The competent authority shall specify the purposes of designating an area that requires the promotion of the complex use of land combining functions of residence, commerce, business, etc. in an urban area provided in Article 51 (1) 8-2 of the Act by classifying as development for complex purposes, include at least three core functions, and formulate a plan that does not focus on any of core functions;
9. In principle, matters referred to in Article 52 (1) 1 and 4 (excluding restrictions on purposes of a building) of the Act among the details of a district-unit plan formulated for an area provided in Article 51 (2) 1 of the Act shall maintain the details of a project, when such project executed in the relevant area is complete;
10. The competent authority shall classify the purposes of designating a district-unit planning area designated in an area, other than an urban area, for residence, for industries and distribution, for sightseeing and recreation, or for complex purposes according to the core functions of the relevant area;
11. The competent authority shall determine the purposes, kinds, scales, etc. of buildings that may be constructed in a district-unit planning area, other than an urban area, by a district-unit plan in consideration of restrictions on buildings, etc. for each special-purpose area of an urban area similar to the core functions of the relevant area;
12. Where a special-purpose area is changed to a special-purpose area subject to the higher floor area ratio and lenient restrictions on construction pursuant to the latter part of Article 45 (2) or matters that leniently apply restrictions on activities are included in a district-unit plan due to a change in the determination of urban or Gun planning facilities under Article 43 of the Act, the competent authority shall formulate a plan so that it may leniently apply limits on the floor area ratio or restrictions on construction in consideration of provision of a site for infrastructure or infrastructure built in the relevant district-unit planning area. In such cases, expenses incurred in providing a site for infrastructure or infrastructure-building fees shall be within the limits of the increased portion (referring to the amount appraised by an appraiser under the Act on Appraisal and Certified Appraisers) in the value of land according to the increase in the floor area ratio due to the change of a special-purpose area and the change of restrictions on building;
13. When infrastructure in the relevant district-unit planning area is sufficient, infrastructure can be built in a height restriction area, historic or cultural environment protection area, disaster prevention area designated in the competent Si/Gun/Gu outside of the relevant district-unit planning area, or an area with poor infrastructure prescribed by urban or Gun planning ordinance of a City/Do or large city or infrastructure-building fees may be charged to the competent Si/Gun/Gu, in lieu of subparagraph 12;
14. Infrastructure-building fees referred to in subparagraph 13 shall be used for securing infrastructure in a height restriction area, historic or cultural environment protection area, disaster prevention area designated in the competent Si/Gun/Gu outside of the relevant district-unit planning area or an area with poor infrastructure prescribed by urban or Gun planning ordinance of a City/Do or large city;
15. Building infrastructure, and methods for computing infrastructure-building fees referred to in subparagraphs 12 and 13, specific standards for operation thereof, and other necessary matters, shall be prescribed by urban or Gun planning ordinance of a City/Do or large city.
[This Article Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012]
SECTION 4 District Unit Plans
 Article 43 (Areas Subject to Designation as District Unit Planning Zones in Urban Areas)
(1) "Area meeting the requirements prescribed by Presidential Decree" in Article 51 (1) 8-2 of the Act means an area reflected in an urban or Gun master plan because it is necessary to restore the functions of the backward downtown or to foster a center for the balanced urban development in a quasi-residential area, quasi-manufacturing area and business area, falling under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
1. An area where it is easy to use public transportation, because it is provided with good infrastructure such as the sphere of influence of the major station, an express bus and intercity bus terminal, an intersection of trunk roads, etc.;
2. An area where the systematic and planned development of the sphere of influence of a station is required;
3. An area located within one kilometer from a road junction where three or more roads either meet or cross at grade;
4. A developed area in the sphere of influence of a station under the Act on the Development and Use of Sphere of Influence of Stations, and an area designated as a highly-populated complex type renewal promotion district under the Special Act on the Promotion of Urban Renewal.
(2) "Facilities prescribed by Presidential Decree" in Article 51 (1) 8-3 of the Act means the following facilities: <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
1. Railways, harbors, airports, factories, hospitals, schools, government offices, public institutions, marketplaces, playgrounds and terminals;
2. Other facilities similar to those under subparagraph 1, prescribed by urban or Gun planning ordinance of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.
(3) "Area meeting the requirements prescribed by Presidential Decree" in Article 51 (1) 8-3 of the Act means any of the following areas, which is unused land, the area of which is at least 10,000 square meters or a site for relocation of large-scale facilities: <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
1. An area where the reallocation and readjustment of urban functions are required according to the relocation of a large-scale facilities;
2. An area where the high potential of the use of land exists and the fostering of a regional base is required;
3. An area where it is expected to have a great effect on the revitalization of regional economy and the creation of jobs.
(4) "Areas prescribed by Presidential Decree" in Article 51 (1) 10 of the Act means the following areas: <Amended by Presidential Decree No. 18044, Jun. 30, 2003; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
1. Model cities designated under Article 127 (1) of the Act;
2. Areas with a restriction on permission for development activities which have been publicly announced under Article 63 (2) of the Act;
3. Areas intended for an efficient development of underground and air spaces;
4. Areas publicly announced for public perusal in order to formulate an urban or Gun management plan for a designation or alteration of a special-purpose area;
5. Deleted; <by Presidential Decree No. 23718, Apr. 10, 2012>
6. Areas in which multi-unit housing is built by a housing reconstruction project;
7. Green natural areas intended to install public facilities adjacent to the land intended to be designated as a district unit planning district;
8. Other areas necessary for ensuring a favorable environment or the increase of functions and fine views, etc., prescribed by urban or Gun planning ordinance of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.
(5) "Areas prescribed by Presidential Decree" in Article 51 (2) 2 of the Act means any of the following areas, the area of which is at least 300,000㎡: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Urbanization-coordination zones or areas removed from parks: Provided, That it shall be excluded if designated or retained as a green area, or where development plans, such as urban or Gun planning projects, are not formulated under the Act or other statutes;
2. Areas altered from a green area to a residential, commercial or industrial area.
 Article 44 (Areas Eligible for Designation as District-Unit Planning Zones in Areas, other than Urban Areas)
(1) "Requirements prescribed by Presidential Decree" in Article 51 (3) 1 of the Act, means the following requirements: <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 27172, May 17, 2016>
1. An area to be included in a district-unit planning zone, other than a planned management area, shall be either a production control area or a conservation and control area;
1-2. Where a conservation and control area is included in a district-unit planning zone, the area of that conservation and control area shall meet the area requirements classified below. In such cases, where land already developed with permission to engage in development activities or other means, or developing the relevant land is unlikely to cause the environmental pollution or degradation of the surrounding areas, the area of the land included in the district-unit planning zone following deliberation by the relevant urban planning committee or the joint committee under Article 25 (2) shall be disregarded for the purposes of calculating the area of the conservation and control area under the following items:
(a) Where the total area of the district-unit planning zone does not exceed 100,000 square meters: Within 20 percent of the total area of the district-unit planning zone;
(b) Where the total area of the district-unit planning zone exceeds 100,000 square meters: Within 10 percent of the total area of the district-unit planning zone;
2. The area of land intended to be designated as a district-unit planning zone shall meet any of the following area requirements:
(a) Where any plan for building an apartment or tenement house, among multi-family housing referred to in subparagraph 2 of attached Table 1 of the Enforcement Decree of the Building Act, is included in the area intended for designation, it shall be at least 300,000 square meters. In such cases, a tract of land may be combined and designated as a district-unit planning zone if the following conditions are met:
(i) The area of respective land involving a plan for building an apartment or tenement house is at least 100,000 square meters, and its gross area is at least 300,000 square meters;
(ii) Respective land referred to in sub-item (i) is located within the distance determined by the Minister of Land, Infrastructure and Transport, and is connected by the road of at least the scale determined by the Minister of Land, Infrastructure and Transport, or the installation of the connecting road shall be possible;
(b) Where any plan for building an apartment or tenement house, from among multi-family housing referred to in subparagraph 2 of attached Table 1 of the Enforcement Decree of the Building Act, is included in the area intended for designation and the relevant area falls under any of the following, it shall be at least 100,000 square meters:
(i) Where a district-unit planning zone is within a nature conservation zone provided in Article 6 (1) 3 of the Seoul Metropolitan Area Readjustment Planning Act;
(ii) Where a site for an elementary school is secured in a district-unit planning zone with consent from the competent Office of Education, or an elementary school with accommodation for students is located within a district-unit planning zone or within a commutable distance from a district-unit planning zone with consent from the competent Office of Education;
(c) Except in cases falling under items (a) and (b), it shall be at least 30,000 square meters;
3. Infrastructure, such as roads, water supply facilities, and sewage system, may be provided to the relevant area;
4. Natural environment, scenery, fine view, etc. shall not be impaired, and there shall be no concern over damaging cultural heritage.
(2) "Requirements prescribed by Presidential Decree" in Article 51 (3) 2 of the Act, means the following requirements: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012>
1. It shall meet the requirements provided in paragraph (1) 2 through 4;
2. The relevant development promotion district shall be located in the following areas:
(a) A residence development promotion district, a complex development promotion district (limited to where residence functions are included), and a specific development promotion district: A planned management area;
(b) An industrial and distribution development promotion district and a complex development promotion district (limited to where residence functions are not included): A planned management area, a production control area, or an agricultural and forestry area;
(c) A tourism and resort development promotion district: Areas, other than urban areas.
(3) The Minister of Land, Infrastructure and Transport may stipulate requirements for designation provided in each subparagraph of paragraphs (1) and (2), where necessary to designate district-unit planning zones reasonably. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 45 (Details of District-Unit Plans)
(1) Deleted. <by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Subdivision or alteration of a special-purpose area or special-purpose district under Article 52 (1) 1 of the Act means subdividing or altering a special-purpose area referred to in each subparagraph of Article 30 or a special-purpose district referred to in each subparagraph of Article 31 (2) within the scope of such subparagraph (including a special-purpose district to be subdivided by urban or Gun planning ordinance under Article 31 (3)). In such cases, alterations between special-purpose areas referred to in the subparagraphs of Article 30 shall be included within a district-unit planning zone designated pursuant to Article 51 (1) 8-2 and 8-3 of the Act. <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
(3) "Infrastructure prescribed by Presidential Decree" in Article 52 (1) 2 of the Act, means the following facilities necessary for achieving the purposes of designating the relevant district-unit planning zone: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19130, Nov. 11, 2005; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 26970, Feb. 11, 2016>
1. For areas and zones prescribed in Article 51 (1) 2 through 7 of the Act, infrastructure to be built by development projects implemented under the relevant Acts;
2. Roads, automobile depots, parking lots, inspection facilities for automobile and construction equipment, automobile and construction equipment driving schools, squares, parks (excluding cemetery parks established under the Act on Urban Parks, Green Areas, Etc.), green areas, vacant public land, distribution business facilities, water supply facilities, electricity supply facilities, gas supply facilities, heat supply facilities, utility tunnels, markets, schools (excluding schools defined in Article 2 of the Higher Education Act), public office buildings, cultural facilities, sports facilities deemed necessary for public use, research facilities, social welfare facilities, public vocational training facilities, juvenile training facilities, river, detention ponds, fire protection and fire prevention systems, windbreaks, waterproofing facilities, erosion control facilities, tidal embankments, funeral parlors, general medical facilities, sewage, waste treatment facilities, water pollution prevention facilities, and junkyards;
3. Deleted. <by Presidential Decree No. 19647, Aug. 17, 2006>
(4) "Matters prescribed by Presidential Decree" in Article 52 (1) 8 of the Act, means the following: <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 26381, Jul. 6, 2015>
1. Heights, depths, layouts, or scales of facilities to be installed underground or in the air space;
2. Form or color of the main gate, wall, or fence;
3. Size, form, color, or material quality of the signboard;
4. Plans for convenience facilities for disabled persons, older persons, weak persons, etc.;
5. Plans for saving and recycling energy and resources;
6. Plans for protecting, creating, and connecting the biological habitat, and for the circulation, etc. of water and air;
7. Plans for protecting cultural heritage and historic and cultural environments.
(5) "Urban or Gun planning facilities prescribed by Presidential Decree" in Article 52 (2) of the Act, means roads, parking lots, parks, green areas, vacant public land, water, power, gas, or heat supply facilities, schools (limited to primary and middle schools), sewage systems, and waste treatment facilities. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
 Article 46 (Relaxed Application of Building-to-Land Ratios, etc. in District-Unit Planning Zones in Urban Areas)
(1) Where a person who intends to construct a building in a district-unit planning zone (limited to a district-unit planning zone designated in an urban area; hereafter the same shall apply in this Article) provides part of the site for the building as a site for a school or infrastructure (hereafter referred to as "public facilities, etc." in this paragraph) prescribed by urban or Gun planning ordinance of the relevant City/Do or large city among public facilities or infrastructure, or builds and provides public facilities, etc. [including where a public sewage system is built and provided in a drainage area defined in subparagraph 14 of Article 2 of the Sewerage Act outside of a district-unit planning zone (limited to where other infrastructure is sufficiently built in a district-unit planning zone)], the building-to-land ratio, floor area ratio, and height limits relaxed by a district unit plan pursuant to Article 52 (3) of the Act may be applied to such building, classified as follows: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012>
1. Where a person provides a site for public facilities, etc., the building-to-land ratio, floor area ratio and height limits may be relaxed up to the following ratios: Provided, That where a person who provides part of land in a district-unit planning zone as a site for public facilities, etc. constructs a building at another site within that district-unit planning zone, the floor area ratio may be relaxed up to the percentage computed under item (b):
(a) Relaxed building-to-land ratio = Building-to-land ratio applied to relevant special-purpose area × [1 + Area to be provided for a site of public facilities, etc. (where a person who provides a site for public facilities, etc. has acquired public facilities, the uses of which are to be repealed under Article 65 (2) of the Act free of charge, it shall be calculated after deduction of an area of the site acquired; hereafter the same shall apply in this Article) ÷ Area of the original site];
(b) Relaxed floor area ratio=Floor area ratio applied to the relevant special-purpose area + [1.5 × (Area to be provided for a site of public facilities, etc. × Floor area ratio of a site to be provided for a site of public facilities, etc.) ÷ Area of the site less the site of public facilities, etc.];
(c) Relaxed height limits = Height limits set under Article 60 of the Building Act × (1 + Area to be provided for a site of public facilities, etc. ÷ Area of the original site);
2. Where a person builds and provides public facilities, etc. (excluding provision of a site), the building-to-land ratio, floor area ratio, and height limits may be relaxed to the percentage computed under subparagraph 1, deeming that the person has provided a site of the value equivalent to costs incurred in installing the public facilities, etc. In such cases, the methods for calculating the costs incurred in installing public facilities, etc. and the value of a site equivalent to such costs shall be prescribed by urban or Gun planning ordinance of the relevant City/Do or large city;
3. Where a person builds public facilities, etc. and provides them with the site, the building-to-land ratio, floor area ratio, and limits may be applied by up to an aggregate of the relaxed building-to-land ratios, floor area ratios, and limits under subparagraphs 1 and 2.
(2) Where a person who has received compensation after providing his/her land in a district-unit planning zone for a site of public facilities, or his/her general successor, returns the compensation and interests prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereafter referred to as "returned money" in this paragraph), the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun may relax the building-to-land ratio, floor area ratio, and height limits for the relevant building by applying the items of paragraph (1) 1, as prescribed by urban or Gun planning ordinance of the relevant local government. In such cases, the returned money shall be used for securing infrastructure. <Newly Inserted by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Where a person who intends to construct a building in a district-unit planning zone has installed the vacant public land or open space under Article 43 (1) of the Building Act in excess of the liable area under the same paragraph, the floor area ratio and height limits applicable to the building may be relaxed by a district-unit plan under Article 52 (3) of the Act up to the following percentage: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 23718, Apr. 10, 2012>
1. Floor area ratio that may be relaxed = Floor area ratio relaxed under Article 43 (2) of the Building Act + (Floor area ratio to be applied to the relevant special-purpose area × Half of the area of the vacant public land or open space in excess of the liable area ÷ Area of the site);
2. Height that may be relaxed = Height relaxed under Article 43 (2) of the Building Act + (Height prescribed in Article 60 of the Building Act × Half of the area of the vacant public land or open space in excess of the liable area ÷ Area of the site).
(4) In a district-unit planning zone, the building-to-land ratio may be relaxed by a district unit plan under Article 52 (3) of the Act within the percentage prescribed in Article 84, notwithstanding the provisions of urban or Gun planning ordinance. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(5) The uses, types, sizes, etc. of buildings that can be construed in each special-purpose area referred to in each subparagraph of Article 30 (limited to buildings permitted by urban or Gun planning ordinance, in cases of buildings that can be constructed, as prescribed by the same ordinance) pursuant to Article 76 of the Act may be relaxed for application in a district-unit planning zone by a district unit plan under Article 52 (3) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(6) Where a district-unit planning zone is designated for any of the following purposes, the standards for installation of parking lots under Article 19 (3) of the Parking Lot Act may be relaxed by up to 100 percent by a district unit plan under Article 52 (3) of the Act: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. To conserve Hanok villages;
2. To create a street without any automobiles (including where exclusive pedestrians' roads are designated or the passage of automobiles is prohibited under a district unit plan);
3. Other cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(7) In any of the following cases, the floor area ratio may be relaxed by a district unit plan under Article 52 (3) of the Act, within 120 percent of the floor area ratio applicable to the relevant special-purpose area: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. A development promotion district has been designated in an urban area, which is designated as a district-unit planning zone;
2. Where falling under any of the following items, joint development is performed, following advice from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun:
(a) Where it is set forth in a district unit plan that a single structure is to be built in two or more parcels of land;
(b) Where it is set forth in a district unit plan that the joint-wall building is to be made;
(c) Where it is necessary to simultaneously build structures in two or more parcels of land, since it is set forth in a district unit plan that parking lots, pedestrians' passages, etc. are to be jointly used.
(8) Where a development promotion district has been designated in an urban area, which is designated as a district-unit planning zone, height limits may be relaxed by a district unit plan under Article 52 (3) of the Act, within 120 percent of the height limits of buildings prescribed in Article 60 of the Building Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 23718, Apr. 10, 2012>
(9) Paragraphs (1) 1 (b) (including cases applied pursuant to paragraphs (1) 2 and (2)), (3) 1 and (7) shall not apply to any of the following cases: <Amended by Presidential Decree No. 18240, Jan. 20, 2004: Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012>
1. Where an area requires planned development or management among zones released from a development-restricted zone, urbanization-coordination zone, green area or park, and a zone newly incorporated in an urban area;
2. Where an existing special-purpose area or special-purpose district is altered into a special-purpose area or special-purpose district having a high floor area ratio, and whereto a floor area ratio of an existing special-purpose area or special-purpose district is not applied.
(10) The building-to-land ratio and floor area ratio to be relaxed under paragraphs (1) through (4) and (7) shall not exceed 150 percent of the building-to-land ratio and 200 percent of the floor area ratio applicable to the relevant special-purpose area or special-purpose district, respectively. <Amended by Presidential Decree No. 18240, Jan. 20, 2004>
 Article 47 (Relaxed Application of Building-to-Land Ratio, etc. in District Unit Planning Zones other than Urban Areas)
(1) In a district unit planning zone (limited to the designation of a district unit planning zone other than an urban area; hereafter the same shall apply in this Article), the building-to-land ratio and the floor area ratio may be relaxedly applied by a district unit plan pursuant to Article 52 (3) of the Act within 150 percent of the building-to-land ratio and 200 percent of the floor area ratio to be applied to the relevant special-purpose area or development promotion district. <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 20009, Apr. 19, 2007; Presidential Decree No. 23718, Apr. 10, 2012>
(2) In a district unit planning zone, the usage, type and size, etc. of structures under Article 76 of the Act may be leniently applied by a district unit plan under Article 52 (3) of the Act: Provided, That the apartment and tenement house among multi-unit housing under subparagraph 2 of attached Table 1 of the Enforcement Decree of the Building Act shall not be permitted for a district unit planning zone designated in a development promotion district (excluding a development promotion district designated in a planning management area). <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012>
(3) and (4) Deleted. <by Presidential Decree No. 20009, Apr. 19, 2007>
 Article 48 Deleted. <by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 49 (Opinions of Residents, etc. on Draft District Unit Plans)
Any of the following persons may submit matters that he/she wishes to include in a draft district unit plan to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun, and the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun shall reflect the matters in a draft district unit plan, if the matters submitted are deemed pertinent: <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
1. Where a district-unit planning zone has been designated by a proposal from residents under Article 26 of the Act, the proposer;
2. Where a district-unit planning zone has been designated for any area referred to in Article 51 (1) 2 through 7 of the Act, the implementer of a development project under individual Acts constituting the ground for such designation.
 Article 50 (Publicly Announcing Invalidation of Designation of District-Unit Planning Zones)
The invalidation of designation of a district-unit planning zone under Article 53 (3) of the Act shall be publicly announced by publishing the date of invalidation, the cause for invalidation, and the details of the invalid district-unit planning zone in the official gazette where the public announcement is made by the Minister of Land, Infrastructure and Transport, and in the official report of the relevant City/Do or Si/Gun where it is made by a Mayor/Do Governor or the head of a Si/Gun. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 26970, Feb. 11, 2016>
CHAPTER V PERMISSION, ETC. OF DEVELOPMENT ACTIVITIES
SECTION 1 Permission for Development Activities
 Article 51 (Activities Subject to Permission for Development Activities)
(1) Activities subject to permission for development activities under Article 56 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 23718, Apr. 10, 2012>
1. Construction of buildings: Construction of buildings under Article 2 (1) 2 of the Building Act;
2. Installation of engineering works: Installation of facilities artificially manufactured (excluding the structures under Article 2 (1) 2 of the Building Act);
3. Alteration of the form and quality of land: Altering the form and quality of land by cutting, backfilling, levelling, paving, etc. of the ground, and of reclaiming the public waters (excluding the alteration of the form and quality of land for cultivation);
4. Gathering earth and rocks: Gathering earth and rocks, such as the soil, sand, gravel, rock, etc.: Provided, That what aims at altering the form and quality of land shall be excluded;
5. Division of land: Division of land, which falls under any of the following items (excluding sites where the structures under Article 57 of the Building Act exist):
(a) Division of land performed within a green area, control area, agricultural and forestry area or natural environment conservation area without obtaining a permit, authorization, etc. under the related statutes;
(b) Division of land into a unit falling short of a scale with restriction on partition under Article 57 (1) of the Building Act;
(c) Division of land into a scale not exceeding five meters in width, performed without obtaining a permit, authorization, etc. under the related statutes;
6. Piling goods: To pile up goods for not less than one month in a green area, control area or natural environment conservation area, in land which is not located within the fences of structures (limited to sites created by lawful procedures).
(2) "Alteration of the form and quality of land prescribed by Presidential Decree" in Article 56 (1) 2 of the Act means an alteration of the form and quality of land for the admixture of soil or soil preparation for growing crops in developed farmland, the improvement of soil fertility and the improvement of productivity of farmland, and for the installation of water pumping or drainage facilities, in cases not falling under any of the followings: <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where such alteration has an effect on irrigation, drainage, and farming in the neighboring land;
2. Where mounding is performed by making use of earth and sand that may cause water pollution or soil pollution, such as recycled aggregate, abandoned soil of construction sites and inorganic sludge;
3. Where such alteration is accompanied with the alteration of land category (excluding an alteration between a rice field and a dry field).
 Article 52 (Minor Alteration of Permission for Development Activities)
(1) "Where minor matters prescribed by Presidential Decree are altered" in the proviso to Article 56 (2) of the Act means any of the following cases: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26302, Jun. 1, 2015; Presidential Decree No. 26381, Jul. 6, 2015>
1. Where the project period is reduced;
2. Where the area of a site or the total floor area of a building is reduced by up to five percent;
3. Where the terms and conditions of permission are inevitably modified following the amendment of relevant statutes or the relevant urban or Gun management plan;
(2) After altering any of the minor matters provided in paragraph (1), a person who has obtained permission to engage in development activities shall, without delay, notify the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun thereof. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 53 (Minor Activities Exempt from Permission)
"Other minor activities prescribed by Presidential Decree" in Article 56 (4) 3 of the Act, means the following activities: Provided, That the urban or Gun planning ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun shall govern, if otherwise prescribed by such ordinance within the following limitations: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19647, Aug. 17, 2006; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 21641, Jul, 27, 2009; Presidential Decree No. 22142, Apr. 29, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25652, Oct. 14, 2014; Presidential Decree No. 25718, Nov. 11, 2014>
1. Construction of buildings: Construction of buildings not subject to building permits under Article 11 (1) of the Building Act, not subject to reporting on construction under Article 14 (1) of the same Act, not subject to permission for construction of a temporary building under Article 20 (1) of the same Act, or not subject to reporting on construction of a temporary building under paragraph (3) of the same Article;
2. Installation of structures:
(a) Installation of structures, whose weight does not exceed 50 tons, volume does not exceed 50㎥, and horizontal projection area does not exceed 50㎡, in an urban area or a district unit planning zone: Provided, That excluded herefrom shall be the installation of structures specified under Article 118 (1) of the Enforcement Decree of the Building Act;
(b) Installation of structures, whose weight does not exceed 150 tons, volume does not exceed 150㎥, and horizontal projection area does not exceed 150㎡, in areas, other than an urban area, a natural environment conservation area, and a district unit planning zone: Provided, That excluded herefrom shall be the installation of structures specified under Article 118 (1) of the Enforcement Decree of the Building Act;
(c) Installation of plastic green houses for agricultural and forestry business (excluding a shore fish-breeding ground installed within a plastic green house) within a green area, control area, or agricultural and forestry area;
3. Alteration in the form and quality of land:
(a) Cutting, backfilling, leveling, etc. within the height not exceeding 50㎝ or the depth not exceeding 50㎝ (excluding paving, and limited to cutting, backfilling, leveling, etc. which does not change the category of land in areas, other than a residential area, commercial area, and industrial area);
(b) Cutting, backfilling, levelling, paving, etc. which does not change the category of land with an area not exceeding 660㎡, in areas, other than an urban area, a natural environment conservation area, and a district unit planning zone (an area with an alteration of land's form and quality refers to the gross area of the relevant parcel, the form and quality of which is altered; hereinafter the same shall apply);
(c) Alteration in the form and quality of land to construct a building or install other structures on the existing site, the creation of which has been completed (excluding cutting and backfilling);
(d) Alteration in the form and quality of land for projects implemented directly by the State or local governments for public interests;
4. Gathering earth and rocks:
(a) Gathering earth and rocks with the volume not exceeding 50㎥ from land which does not exceed 25㎡ in an urban area or district unit planning zone;
(b) Gathering earth and rocks with the volume not exceeding 500㎥ from land which does not exceed 250㎡ in areas, other than an urban area, natural environment conservation area, and district unit planning zone;
5. Division of land:
(a) Division of land permitted to construct a private road on which under the Private Road Act;
(b) Division of land for converting part of the land into public land or land for public use;
(c) Division of the parts, the use of which is to be abolished among administrative property, or division of general assets for sale, exchange, or transfer;
(d) Division of land, the part of which has been announced publicly as an urban or Gun planning facility by a topographical map;
(e) Re-division of land already divided into the width not exceeding five meters, into a scale exceeding the area subject to restrictions on partition under Article 57 (1) of the Building Act;
6. Piling goods:
(a) Piling goods into the gross weight not exceeding 50 tons and the gross volume not exceeding 50㎥ on the land, the area for piling the goods does not exceed 25㎡ in a green area or district unit planning zone;
(b) Piling goods into the gross weight not exceeding 500 tons and the gross volume not exceeding 500㎥ on land, the area for piling the goods does not exceed 250㎡ in a control area (excluding an area designated as a district unit planning zone).
 Article 54 (Procedures, etc. for Granting Permission for Development Activities)
(1) "Period specified by Presidential Decree" in Article 57 (2) of the Act, means 15 days (where deliberation by an urban planning committee or consultation with the head of the related administrative agency is required, excluding a period for deliberation or consultation).
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall first hear the opinion of an applicant for permission for development activities to impose conditions on permission for development activities pursuant to Article 57 (4) of the Act. <Amended by Presidential Decree No. 19647, Aug. 17, 2006; Presidential Decree No. 23718, Apr. 10, 2012>
 Article 55 (Scale of Permission for Development Activities)
(1) "Scale of development activities prescribed by Presidential Decree" in the main sentence of Article 58 (1) 1 of the Act, means an area to be changed in the form and quality of the following land: Provided, That a control area and an agricultural and forestry area may be separately set forth by urban or Gun planning ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun within the areas prescribed in subparagraphs 2 and 3: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. An urban area:
(a) A residential area, commercial area, green natural area, productive green area: Less than 10,000㎡;
(b) An industrial area: Less than 30,000㎡;
(c) A green conservation area: Less than 5,000㎡;
2. A control area: Less than 30,000㎡;
3. An agricultural and forestry area: Less than 30,000㎡;
4. A natural environment conservation area: Less than 5,000㎡.
(2) In applying paragraph (1), if land subject to permission for development activities extends over at least two special-purpose areas, the provisions concerning the scale of development activities in a respective special-purpose area shall apply to the portion of land located in a respective special-purpose area: Provided, That the gross size of land subject to permission for development activities shall not exceed the scale of development activities in a special-purpose area with the largest scale of development activities, among special-purpose areas over which the relevant land extends.
(3) "Where development activities are done by an agricultural and fishing village rearrangement project defined in subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act or in cases prescribed by Presidential Decree" in the proviso to Article 58 (1) 1 of the Act means any of the following cases: <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 22142, Apr. 29, 2010; Presidential Decree No. 23529, Jan. 25, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 20133; Presidential Decree No. 25090, Jan. 14, 2014>
1. Where the infrastructure related to the relevant change in form and quality of land has been already installed or the alteration of the form and quality of land and the installation of such infrastructure are simultaneously achieved, as changes in form and quality of land achieved within the scope of the block and partitioned land set forth by a district unit plan;
2. Where the relevant development activities are achieved by rearrangement projects for agricultural and fishing villages under subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;
2-2. Where the relevant development activities consist of national defense and military installation projects stipulated under subparagraph 2 of Article 2 of the Act on National Defense and Military Installations Projects;
3. Where it is for creating grassland or farmland, the forest management, or the gathering of earth and rocks;
3-2. Where the relevant development activities fall under any of the following cases. In such cases, where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to grant permission for such development activities, he/she shall undergo deliberation thereon by a City/Do urban planning committee or a Si/Gun/Gu urban planning committee under Article 113 (2) of the Act which is an urban planning committee established in a large city (hereinafter referred to as a "Si/Gun/Gu urban planning committee"), and the head of a Si (excluding the Mayor of a large city) or the head of a Gun (including the head of a Gun or an autonomous Gu where the authority of the Special Metropolitan City Mayor or a Metropolitan City Mayor to grant permission for development activities is delegated to the head of a Gun or an autonomous Gu by municipal ordinance pursuant to Article 139 (2) of the Act) may consult with the local urban planning committee established under the relevant local government thereon before requesting deliberation thereon to the relevant City/Do urban planning committee:
(a) Alteration of the form and quality of land to construct a building or to install a structure on one parcel of land (including where permission has been granted on condition that at least two parcels of land are to be combined in one parcel of land when applying for a completion inspection under Article 62 of the Act, but excluding where one parcel of land is divided into at least two parcels of land for sale after obtaining permission for development activities);
(b) Alteration of the form and quality of land to construct a building or to install a structure, either of which is used for one purpose on at least one parcel of land;
4. Where a land restoration project is implemented unaccompanied with construction of buildings, installation of structures or any change in land category;
5. Other cases stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) through (7) Deleted. <by Presidential Decree No. 22703, Mar. 9, 2011>
 Article 56 (Standards for Permission for Development Activities)
(1) Standards for permission for development activities under Article 58 (3) of the Act shall be as stipulated in attached Table 1-2. <Amended by Presidential Decree No. 21669, Aug. 5, 2009>
(2) "Area prescribed by Presidential Decree" in Article 58 (3) 2 of the Act means a natural green area. <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
(3) "Area prescribed by Presidential Decree" in Article 58 (3) 3 of the Act means a production green area and preserved green area. <Newly Inserted by Presidential Decree No. 23718, Apr. 10, 2012>
(4) The Minister of Land, Infrastructure and Transport may set forth standards for detailed examination on standards for permission for development activities under paragraph (1). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 56-2 (Areas, etc. Eligible for Growth Management Plans)
(1) An area in which development activities are highly likely to occur and for which the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may formulate a management plan concerning installation and alteration of infrastructure, purposes of buildings, etc. (hereinafter referred to as "growth management plan") pursuant to Article 58 (4) of the Act shall be any of the following areas, which are areas for reserved purposes and for conservation purposes prescribed in Article 58 (3) 2 and 3 of the Act: <Amended by Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 28553, Dec. 29, 2017>
1. An area where unplanned development is progressing or is likely to progress because of high demand for development;
2. An area where future urbanization is expected due to changes in land use of the surrounding areas, traffic conditions, etc.;
3. An area that requires systematic management in connection with the surrounding areas;
4. Other areas prescribed by urban or Gun planning ordinance, equivalent to subparagraphs 1 through 3.
(2) At least two of the following matters, including those specified in subparagraphs 1 and 2, shall be included in each growth management plan:
1. Matters concerning the layout and scale of infrastructure, such as roads and parks;
2. Restrictions on purposes of buildings, the building-to-land ratios or the floor area ratios of buildings;
3. Layouts, shapes, colors, and heights of buildings;
4. An environmental management plan or landscape plan;
5. Other matters prescribed by urban or Gun planning ordinance, and necessary for preventing urban sprawl and encouraging planned development.
[This Article Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014]
 Article 56-3 (Procedures for Formulation of Growth Management Plans)
(1) To hear opinions of residents about a growth management plan pursuant to Article 58 (5) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall publicly announce the contents of the growth management plan in at least two general daily newspapers distributed nationwide or mainly in the relevant local government and on the website of the relevant local government, and make the growth management plan available for public perusal for at least 14 days.
(2) Any person who has any opinion about the growth management plan publicly announced under paragraph (1) may submit a statement of opinion to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun within the perusal period.
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall review whether to reflect the opinion submitted under paragraph (2) in the growth management plan, and notify a person who has submitted the relevant opinion of the result of his/her review within 30 days after the expiration of the perusal period.
(4) To hear the opinion of the relevant local council on a growth management plan pursuant to Article 58 (5) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall forward the growth management plan to the relevant local council, specifying the deadline for presenting its opinion.
(5) To amend a growth management plan within the following limits, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun need not hear opinions of residents and the relevant local council; consult with related administrative agencies; and submit the plan to the local urban planning committee for deliberation pursuant to the proviso to Article 58 (5) of the Act: <Amended by Presidential Decree No. 28553, Dec. 29, 2017>
1. Where he/she amends the growth management plan within ten percent of the total area of an area for which he/she has formulated the growth management plan and amends the growth management plan for such changed area: Provided, That where at least two Eups, Myeons, or Dongs are included in an area subject to the growth management plan, the foregoing shall apply only where the area of such area divided into the relevant Eups, Myeons, or Dongs is changed within ten percent, respectively;
2. Where he/she changes the unit area of a site for infrastructure by less than ten percent: Provided, That in case of a road, the foregoing shall be only apply where the starting point and the ending point are not changed and the central line keeps within bounds of the former road;
3. Where the location of infrastructure is slightly changes due to the topographical conditions or the site for facilities is inevitably changed due to a sloping surface, etc.;
4. Where the layout, shape, color, or height of a building is changed;
5. Where amendments are about insignificant matters prescribed by the growth management plan;
6. Where other amendments are about insignificant matters prescribed by urban or gun planning ordinance.
(6) A growth management plan shall be publicly notified under Article 58 (6) of the Act by publishing the following matters in the official gazette of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun:
1. Objectives of formulating the growth management plan;
2. Location and boundary;
3. Area and size;
4. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014]
 Article 56-4 (Detailed Criteria for Growth Management Plans)
The Minister of Land, Infrastructure and Transport shall establish and announce detailed criteria for areas subject to the formulation of a growth management plan, the content thereof, procedures for the formulation thereof, etc. under Articles 56-2 and 56-3.
[This Article Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014]
 Article 57 (Deliberation, etc. on Development Activities by Urban Planning Committee)
(1) "Activities prescribed by Presidential Decree" in Article 59 (1) of the Act means the following activities: Provided, That activities done under an urban or Gun planning project (excluding a project deemed an urban or Gun planning project under other Acts, such as the Housing Site Development Promotion Act) shall be excluded: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20009, Apr. 19, 2007; Presidential Decree No. 20535, Jan. 8, 2008; Presidential Decree No. 22142, Apr. 29, 2010; Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 25273, Mar. 24, 2014; Presidential Decree No. 27172, May 17, 2016; Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 28553, Dec. 29, 2017>
1. Where an activity is to alter the form and quality of land for constructing of a building or erecting a structure, and the area of such land is at least a scale provided in any subparagraph of Article 55 (1) (where the scale is separately prescribed by urban or Gun planning ordinance pursuant to the proviso to the same paragraph, referring to such scale; hereafter the same shall apply in this Article): Provided, That an alteration of the form and quality of land that is deliberated upon by an urban planning committee established in a large city pursuant to Article 55 (3) 3-2 among City/Do urban planning committees or Si/Gun/Gu urban planning committees shall be excluded;
1-2. Where an activity is to alter the form and quality of land for constructing a building or erecting a structure in a green area, management area, agricultural and forestry area, or natural environment conservation area, and the area of such land is less than a scale prescribed in any subparagraph of Article 55 (1): Provided, That any of the following cases (limited to an activity that does not fall under an alteration of the form and quality of land for constructing a building or erecting a structure in a disaster prevention area referred to in Article 37 (1) 4 of the Act and an area prescribed by urban or Gun planning ordinance) shall be excluded herefrom:
(a) Where the relevant land is located in a natural settlement district, a development promotion district, an infrastructure-levy area, a quasi-industrial complex designated under Article 8-3 of the Industrial Sites and Development Act, or a district inducing sites for factories under Article 40-2 of the same Act;
(b) Where the relevant land is located in an area publicly notified in the official report of the relevant local government subject to deliberation by the local urban planning committee, which is recognized by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, as an area where infrastructure, such as roads, are already installed or any urban or Gun management plan for installing infrastructure is already formulated;
(c) Where any of the following buildings is to be constructed on the relevant land in compliance with the use, scale (including the scale of the site), number of floors, or number of house units, etc. by special-purpose area determined by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun:
(i) A detached house referred to in subparagraph 1 of attached Table 1 of the Enforcement Decree of the Building Act (excluding houses that require approval of a project plan under Article 15 of the Housing Act);
(ii) Multi-family housing referred to in subparagraph 2 of attached Table 1 of the Enforcement Decree of the Building Act (excluding houses which require approval of a project plan under Article 15 of the Housing Act);
(iii) Type I neighborhood living facilities referred to in subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act;
(iv) Type II neighborhood living facilities referred to in subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act (excluding facilities referred to in items (o), (q), and (r) of the same subparagraph);
(v) A kindergarten among schools referred to in subparagraph 10 (a) of attached Table 1 of the Enforcement Decree of the Building Act (limited to facilities, the site area for which is less than 1,500 square meters, and excluding any kindergarten established in a green conservation area or a conservation and control area);
(vi) Facilities related to children referred to in subparagraph 11 (a) of attached Table 1 of the Enforcement Decree of the Building Act (limited to facilities, the site area for which is less than 1,500 square meters, and excluding facilities established in a green conservation area or a conservation and control area);
(vii) Welfare facilities for older persons referred to in subparagraph 11 (b) of attached Table 1 of the Enforcement Decree of the Building Act (limited to leisure and welfare facilities for older persons referred to in Article 36 of the Welfare of Older Persons Act, the site area for which is less than 1,500 square meters, and excluding leisure and welfare facilities for older persons established in a green conservation area or a conservation and control area);
(viii) Facilities (limited to an alteration of the form and quality of land by up to 660 square meters, and excluding facilities in a natural environment conservation area) prescribed by urban or Gun planning ordinance among warehouses referred to in subparagraph 18 (a) of attached Table 1 of the Enforcement Decree of the Building Act (limited to buildings used for agriculture, forestry, or fisheries) and facilities related to animals and plants referred to in subparagraph 21 of the same attached Table (excluding items (c) and (d));
(ix) A building to be extended by up to 5/100 of the area of the existing building site;
(d) Where a building that fully meets the following requirements is to be constructed on the relevant land:
(i) The building shall be constructed in a special-purpose area determined by urban or Gun planning ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun to induce the clustering of buildings;
(ii) The building to be constructed shall be of the use determined by urban or Gun planning ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun;
(iii) The building shall be constructed within a distance determined by urban or Gun planning ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun (the distance shall be within 50 meters, but the width of a road shall be excluded) from the land, the development activity of which has been completed for the use referred to in subitem (ii) or is ongoing or scheduled under permission, etc. for such development activity;
(iv) The total area (including the area of the land, the development activity of which is ongoing or scheduled under permission, etc. for such development activity) of the existing development activities to construct a building meeting both of the requirements provided in subitems (ii) and (iii) within a special-purpose area determined under subitem (i) shall be at least a scale determined by urban or Gun planning ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun (the scale shall be determined in excess of the scale of permission for development activities in each special-purpose area under Article 55 (1), but shall be wide enough to prevent uncontrolled development);
(v) Infrastructure, landscape, and other necessary matters shall meet standards prescribed by urban or Gun planning ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun;
(e) Where the site of any of the following factories, which does not exceed 10,000 square meters, is extended by up to 50 percent of the existing site area within a planned management area (referring to a management area if it is not subdivided). In such cases, the same shall apply where a site to be extended abuts on the existing site with a road whose width is less than eight meters between the two sites:
(i) A factory constructed on or before December 31, 2002;
(ii) A factory subject to the former Act on the Utilization and Management of the National Territory, the Urban Planning Act, or the Building Act pursuant to Article 19 of Addenda to the National Land Planning and Utilization Act (Act No. 6655);
(iii) A factory, the commencement of construction of which was reported pursuant to Article 21 of the Building Act, by January 20, 2005, with approval for its construction pursuant to Article 13 of the former Industrial Placement and Factory Construction Act (referring to the provisions of the Industrial Placement and Factory Construction Act prior to the amendment made by Act No. 6842), or with an application for approval for its construction pursuant to the same Article on or before December 31, 2002 (including where an application was rejected on or after January 1, 2003 because it does not meet the requirements provided in subparagraph 2 (i) of attached Table 19, and subparagraphs 1 (i) and 2 (l) of attached Table 20);
2. Gathering earth and rocks in excess of 30,000 cubic meters;
3. Deleted. <by Presidential Decree No. 20535, Jan. 8, 2008>
(2) Where permission for development activities is granted without undergoing deliberation by an urban planning committee pursuant to paragraph (1) 1-2 (c) through (e), conditions shall be imposed to prevent an alteration of the use of the relevant building (excluding any alteration of the use between buildings permitted to be constructed pursuant to paragraph (1) 1-2 (c) through (e)). <Newly Inserted by Presidential Decree No. 22703, Mar. 9, 2011>
(3) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun may preferentially support the establishment of infrastructure, such as roads, waterworks, and sewerage, in an area where the clustering of buildings is induced pursuant to paragraph (1) 1-2 (d). <Newly Inserted by Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 23718, Apr. 10, 2012>
(4) Where the head of a related administrative agency intends to permit any activity provided in each subparagraph of paragraph (1) pursuant to the Act, or to grant permission, authorization, approval or to hold consultation pursuant to other Acts, he/she shall submit it for deliberation to the Central Urban Planning Committee or local urban planning committee classified as follows, pursuant to Article 59 (1) of the Act: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 22142, Apr. 29, 2010: Presidential Decree No. 22703, Mar. 9, 2011>
1. Matters to be deliberated upon by the Central Urban Planning Committee:
(a) Alterations of the form and quality of land in excess of 1 square kilometers;
(b) Gathering earth and rock in excess of 1,000,000 cubic meters;
2. Matters to be deliberated upon by a City/Do urban planning committee, or a Si/Gun/Gu urban planning committee, which is an urban planning committee established in a large city:
(a) Alterations of the form and quality of land within the area of at least 300,000 square meters, but less than 1 square kilometers;
(b) Gathering earth and rocks within the volume of at least 500,000 cubic meters, but less than 1,000,000 cubic meters;
3. Matters to be deliberated upon by a Si/Gun/Gu urban planning committee:
(a) Alterations of the form and quality of land with the area of less than 300,000 square meters;
(b) Gathering earth and rocks within the volume of at least 30,000 cubic meters, but less than 500,000 cubic meters;
(c) Deleted. <by Presidential Decree No. 20535, Jan. 8, 2008>
(5) Notwithstanding paragraph (4), where the head of a central administrative agency intends to permit matters provided in any item of subparagraph 2 or 3 of the same paragraph pursuant to the Act, or to grant permission, authorization, or approval or to hold consultation pursuant to other Acts, he/she shall submit it for deliberation to the Central Urban Planning Committee, and where a Mayor/Do Governor intends to permit matters provided in any item of subparagraph 3 of the same paragraph pursuant to the Act, or to grant permission, authorization, or approval or to hold consultation pursuant to other Acts, he/she shall submit it for deliberation by the relevant City/Do urban planning committee. <Amended by Presidential Decree No. 22703, Mar. 9, 2011>
(6) When deliberation by the Central Urban Planning Committee or local urban planning committee is completed under paragraphs (4) and (5), the head of a related administrative agency shall submit the following documents to the Minister of Land, Infrastructure and Transport or the head of the local government having jurisdiction over the relevant local urban planning committee: <Amended by Presidential Decree No. 20722, Feb. 29, 2008: Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 24443, Mar. 23, 2013>
1. Details of development activities involving the purposes, necessity, background, details, promotion procedures, etc. of development activities (including details to be included as at the time of granting permission, authorization, approval, or holding consultation, for the relevant development activities, pursuant to the related statutes);
2. A current land utilization map at a scale of 1:25,000 indicating the special-purpose areas, infrastructure, etc. of the subject areas and peripheral areas;
3. An allocation map, an elevation (limited to construction of a building or installation of a structure), and a construction plan;
4. Other documents stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport.
(7) "Projects prescribed by Presidential Decree" in Article 59 (2) 6 of the Act, means all of the projects defined in subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21669, Aug. 5, 2009: Presidential Decree No. 22703, Mar. 9, 2011>
 Article 58 (Deliberation on Development Activities not Included in Urban or Gun Planning)
(1) When the Minister of Land, Infrastructure and Transport or the head of a local government requests the head of the related administrative agency to undergo deliberation by the Central Urban Planning Committee or local urban planning committee under Article 59 (3) of the Act, he/she shall clarify reasons for requiring deliberation. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Where the head of a central administrative agency receives a request to undergo deliberation by the Central Urban Planning Committee or local urban planning committee under Article 59 (3) of the Act, he/she shall undergo deliberation by the Central Urban Planning Committee, and where the head of a local government receives such request, he/she shall undergo deliberation by the local urban planning committee established under the relevant local government.
 Article 59 (Performance Guarantee, etc. for Permission for Development Activities)
(1) "Where prescribed by Presidential Decree" in the main sentence of Article 60 (1) of the Act, means each of the following cases:
1. Where construction of infrastructure, such as roads, water supply facilities, or sewage systems, is required due to any of the development activities provided in Article 56 (1) 1 through 3 of the Act;
2. Where land excavation could cause a landslide, or damage adjacent buildings or structures;
3. Where falling rocks, dust, etc. caused by a blasting of earth and rocks could damage adjacent areas;
4. Where the traffic of vehicles transporting earth and rocks could pollute environments around the passages;
5. Where requiring a landscape gardening on a slope surface upon altering the form and quality of land or gathering earth and rocks.
(2) The amount of a warranty bond to be deposited under Article 60 (1) of the Act (hereinafter referred to as "warranty bond") shall be computed within the limits of costs incurred in installing infrastructure, securing a site necessary for the installation thereof, preventing disasters, preventing environmental pollution, and scenery and landscape gardening, but it shall not exceed 20 percent of the total construction cost (or 20 percent of the total construction cost including restoration expenses provided in Article 38 of the Mountainous Districts Management Act in cases of development activities in a mountainous district), and the details for such computation and methods of depositing a warranty bond shall be stipulated by urban or Gun planning ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun. In such cases, the amount of a warranty bond to be deposited for development activities in a mountainous district shall be determined, including restoration expenses provided in Article 38 of the Mountainous Districts Management Act, but such restoration expenses shall not be aggregated with warranty bond twice. <Amended by Presidential Decree No. 18108, Sep. 29, 2003; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25718, Nov. 11, 2014>
(3) A warranty bond shall be paid in cash, but it may be substituted by any of the letters of guarantee, etc. referred to in Article 37 (2) of the Enforcement Decree of the Act on Contracts to which the State Is a Party and Article 37 (2) of the Enforcement Decree of the Act on Contracts to which a Local Government Is a Party or a performance guarantee, etc. issued by the Mine Reclamation Corporation pursuant to Article 39 (1) 5 of the Mining Damage Prevention and Restoration Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19239, Dec. 30, 2005; Presidential Decree No. 19647, Aug. 17, 2006; Presidential Decree No. 21052, Sep. 30, 2008>
(4) A warranty bond paid by a person granted permission for development activities shall be immediately refunded to the person when he/she has undergone a completion inspection under Article 62 (1) of the Act.
(5) "Institutions prescribed by Presidential Decree" in Article 60 (1) 2 of the Act, means institutions referred to in Article 5 (3) 1 or 2 (b) of the Act on the Management of Public Institutions. <Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009>
(6) When a person granted permission for development activities fails to comply with an order for reinstatement issued under Article 60 (3) of the Act, the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun may reinstate the relevant land using the warranty bond through vicarious administrative execution under paragraph (4) of the same Article. In such cases, any balance remaining after such reinstatement shall be immediately refunded to the depositor of the warranty bond. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
 Article 59-2 (Overall Conference of Complex Civil Application for Development Activities)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall hold an overall conference of complex civil applications for development activities (hereinafter referred to as "conference") for consultations on the agenda of authorization, permission, approval, license, consultation, cancellation, reporting or screening (hereafter referred to as "authorization, permission, etc." in this Article) under Article 61 (3) of the Act within ten days from the date of application for permission for development activities under Article 57 (1) of the Act pursuant to Article 61-2 of the Act.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall notify the heads of the relevant administrative agencies under Article 61 (3) of the Act of the holding of a conference by no later than three days prior to the holding of the conference.
(3) The heads of the relevant administrative agencies under Article 61 (3) of the Act shall submit their opinions on the agenda of authorization, permission, etc. at a conference: Provided, That where it is impracticable for the heads of the relevant administrative agencies under Article 61 (3) of the Act to submit their opinions on the relevant authorization, permission, etc. at the conference because they need to examine further statutes and to confirm the fact, etc., they may submit their opinions within a period provided in Article 61 (4) of the Act.
(4) Except as otherwise specifically provided in paragraphs (1) through (3), matters necessary for the operation, etc. of a conference shall be prescribed by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.
[This Article Newly Inserted by Presidential Decree No. 24008, Jul. 31, 2012]
 Article 60 (Restrictions on Permission for Development Activities)
(1) Where the Minister of Land, Infrastructure and Transport intends to restrict permission for development activities under Article 63 (1) of the Act, he/she shall submit it for deliberation by the Central Urban Planning Committee, and where a Mayor/Do Governor or the head of a Si/Gun intends to restrict permission for development activities under Article 63 (1) of the Act, he/she shall submit it for deliberation by the local urban planning committee established under the relevant local government. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor intends to restrict permission for development activities under Article 63 (1) of the Act, he/she shall first gather consensus from the head of the Si/Gun having jurisdiction over the area intended for a restriction prior to deliberation by the Central Urban Planning Committee or the City/Do urban planning committee under paragraph (1). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) A public announcement of restrictions on permission for development activities under Article 63 (2) of the Act and the lifting of restrictions on permission for development activities under the latter part of paragraph (3) of the same Article shall be made by publishing it in the official gazette where it is made by the Minister of Land, Infrastructure and Transport, and in the official report of the relevant local government where it is made by a Mayor/Do Governor or the head of a Si/Gun. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
(4) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun shall also publish matters publicly announced pursuant to paragraph (3) on the website of the relevant agency. <Newly Inserted by Presidential Decree No. 27570, Nov. 1, 2016>
 Article 61 (Development Activities in Sites for Urban or Gun Planning Facilities)
"Cases prescribed by Presidential Decree" in the proviso to Article 64 (1) of the Act means any of the following circumstances: <Amended by Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24593, Jun. 11, 2013; Presidential Decree No. 26316, Jun. 15, 2015>
1. Where buildings or structures, which do not belong to urban or Gun planning facilities, are built at the sites for buildings or structures, which belong to urban or Gun planning facilities, within the scope that urban or Gun planning facilities are determined by setting a specific extent in the ground, water surface, air, underwater, or underground, and within the scope not interfering with the installation, utilization, and possibility of future expansion of urban or Gun planning facilities;
2. Where urban or Gun planning facilities and facilities, which do not belong to urban or Gun planning facilities, are built in the same building (referring to where such facilities are built pursuant to the Urban Planning Act before amendment by Act No. 6243), which falls under any of the following items with authorization granted for an implementation plan under Article 88 of the Act:
(a) Where facilities, which do not belong to urban or Gun planning facilities, are built by enlarging or remodeling the relevant building within the scope that the building-to-land ratio thereof does not increase;
(b) Where urban or Gun planning facilities are converted to facilities, which do not belong to urban or Gun planning facilities, within the scope not interfering with the installation, utilization, and possibility of future expansion of urban or Gun planning facilities;
3. Where buildings or structures are installed with permission to occupy and use under the Road Act or other Acts governing the installation and management of urban or Gun planning facilities;
4. Where solar energy installations or fuel cell installations are installed among new and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy within the scope not interfering with the installation, utilization, and possibility of future expansion of urban or Gun planning facilities.
[This Article Wholly Amended by Presidential Decree No. 18680, Jan. 15, 2005]
SECTION 2 Installation of Infrastructure following Development Activities
 Article 62 (Scope of Strengthening Development Density)
(1) "Extent prescribed by Presidential Decree" in Article 66 (2) of the Act, means 50 percent of the maximum limit of the building volume ratio applicable to the relevant special-purpose area.
(2) Public notice of the designation or alteration of a development-density control area under Article 66 (4) of the Act shall be provided by publishing the matters referred to in the subparagraphs of paragraph (3) of the same Article in the official report of the relevant local government.
(3) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall publish the content of the public notice referred to in paragraph (2) on the website of the relevant agency. <Newly Inserted by Presidential Decree No. 27751, Dec. 30, 2016>
 Article 63 (Criteria for Designation of and Methods of Management for Development-Density Control Areas)
The Minister of Land, Infrastructure and Transport shall comprehensively take into account the following matters in setting the criteria for designation of and the methods of management for development-density control areas pursuant to Article 66 (5) of the Act: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21231, Dec. 31, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26928, Jan. 22, 2016>
1. To ensure that a development-density control area may be designated in relation to any of the following areas in which it is impracticable to install infrastructure, among areas anticipated to have insufficient infrastructure, such as roads, water supply facilities, sewage systems, and schools:
(a) An area in which the vehicular traffic is substantially congested due to an extremely low level of road service. In such cases, a level of road service shall be measured in the same manner as the traffic impact assessment is conducted under the Urban Traffic Improvement Promotion Act;
(b) An area, the road ratio of which falls short by at least 20 percent of the road ratio for each special-purpose area stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport;
(c) An area in which the volume of demand for water supply is anticipated to exceed the capacity of water-supply facilities installed, within two years hereafter;
(d) An area in which the volume of sewage to be generated is anticipated to exceed the capacity of sewage systems installed, within two years hereafter;
(e) An area in which the number of students is anticipated to exceed by at least 20 percent of the enrollment capability of schools, within two years hereafter;
2. To ensure that the boundary line of a development-density control area is clearly demarcated by utilizing roads, rivers, and other characteristic geographic features, or by installing it along the boundary line of a special-purpose area, etc.;
3. To ensure that the scope of the stricter building volume ratio is determined within the limit provided in Article 62 (1), taking into account the level of insufficiency of infrastructure stipulated in each item of subparagraph 1;
4. To ensure that necessary measures are to be taken, such as stricter or lenient application of the building volume ratio or revocation of a development-density control area, etc., by periodically checking the changes of infrastructure within the development-density control area.
 Article 64 (Designation of Infrastructure-Levy Areas)
(1) "Areas prescribed by Presidential Decree" in Article 67 (1) 3 of the Act, means the following areas in which the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun deems it necessary to construct infrastructure provided in Article 4-2: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. An area in which the number of permits for development activities granted in the previous year increased by at least 20 percent of the number of permits for development activities in the year before the previous year;
2. The rate of population growth of the relevant area in the previous year is higher than that of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun (excluding Guns under the jurisdiction of a Metropolitan City) in the previous year to which the relevant area belongs by at least 20 percent.
(2) Upon designating or changing an infrastructure-levy area, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall publicly notify the name, location, and area of the infrastructure-levy area, the date of designation, and methods for inspecting relevant documents in the official report or on the website of the relevant local government, pursuant to Article 67 (2) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 65 (Formulation of Infrastructure Building Plans)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall formulate an infrastructure building plan (hereinafter referred to as "infrastructure building plan") including each of the following matters pursuant to Article 67 (4) of the Act: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. The kind, location and size of infrastructure to be build (referring to infrastructure provided in each subparagraph of Article 4-2; hereafter the same shall apply in this Section);
2. Priority order of building infrastructure and a phased installation plan;
3. Other matters necessary for building infrastructure.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall comprehensively consider the following matters when formulating an infrastructure building plan: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Infrastructure shall be properly arranged in consideration of the land utilization plan of the relevant infrastructure-levy area or anticipated development demands in the future;
2. The timing for building infrastructure shall be reasonably determined in consideration of financial resources procurement plans, priority order of each facility, user's convenience, anticipated time of competition of development activities, etc.
(3) Notwithstanding paragraphs (1) and (2), a district unit plan formulated under Article 52 (1) of the Act shall be deemed an infrastructure building plan. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) Where no infrastructure building plan is formulated upon the expiration of one-year period from the date on which the designation of an infrastructure-levy area was publicly notified, the designation of the infrastructure-levy area shall be deemed cancelled on the date following the expiration of such one-year period.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 66 (Criteria for Designation of Infrastructure-Levy Areas)
When determining criteria for designation of infrastructure-levy areas under Article 67 (5) of the Act, the Minister of Land, Infrastructure and Transport shall comprehensively consider the following matters: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. An infrastructure-levy area shall be designated in a size of at least 100,000 square meters to arrange infrastructure adequately;
2. Where small-scale development activities are anticipated to be conducted one after another, an infrastructure-levy area shall be designated, combing such areas as one district unit;
3. Infrastructure-levy areas shall be clearly demarcated by using roads, rivers, other peculiar topographical features on the earth, etc.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 67 (Formulation of Infrastructure-Levy Plans)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall include each of the following matters in an infrastructure-levy plan formulated under the proviso to Article 68 (2) of the Act (hereinafter referred to as "infrastructure-levy plan"): <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. The total cost incurred in building infrastructure or securing land needed therefor;
2. Among the total costs referred to in subparagraph 1, the allotment to be shared by each person who engages in construction works under Article 68 (1) of the Act (including those falling under each subparagraph of Article 70-2 (1); hereinafter referred to as "payment obligor");
3. The timing for sharing the allotment referred to in subparagraph 2;
4. Methods for procuring, managing, and operating financial resources.
(2) The allotment referred to in paragraph (1) 2 shall be calculated by each of the following methods: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Distributing the total costs according to the total floor areas of buildings on the condition that weight is given according to the use of buildings;
2. Notwithstanding subparagraph 1, where the method for calculation is determined through consultations between the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun and a payment obligor, such method.
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall comprehensively consider each of the following matters when formulating an infrastructure-levy plan: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. The total costs shall be calculated based on reasonable grounds, such as costs incurred in relation to compensation for sites and construction costs involved in each facility not to immoderately exceed the costs incurred in relation to the installation of infrastructure or security of sites;
2. The allotment of each payment obligor shall be determined in a reasonable and fair manner, taking into account the total floor area, use, etc. of buildings;
3. Where the timing for establishment of an infrastructure-levy plan and the timing for payment of costs incurred in installing infrastructure or securing sites fail to coincide with each other, allotments shall be adjusted in consideration of the rate of price increases, etc.
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall hear the opinions of residents and undergo deliberation by the relevant local urban planning committee when formulating or amending an infrastructure-levy plan. In such cases, Article 28 (1) through (4) of the Act shall apply mutatis mutandis in relation to hearing opinions of residents. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(5) After formulating or amending an infrastructure-levy plan, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun give public notice of the details thereof. In such cases, Article 64 (2) shall apply mutatis mutandis to giving public notice of formulated or amended infrastructure-levy plans. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(6) Paragraphs (4) and (5) shall not apply to modification of the following minor matters in relation to infrastructure-levy plans: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where the timing for sharing the allotment is not advanced, while the allotment of a payment obligor does not increase partly or wholly;
2. The assistance of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun is not reduced in connection with the installation of infrastructure and securing of sites necessary therefor.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 68 (Public Announcement of Standard Infrastructure Installation Costs)
The Minister of Land, Infrastructure and Transport shall publicly announce the standard infrastructure installation costs as of January 1 each year under Article 68 (3) of the Act by June 10 each year. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 69 (Criteria for Calculation of Infrastructure Installation Costs)
(1) "Conversion coefficient of a site" in Article 68 (4) 1 of the Act means a coefficient used to convert the ratio of the area required for infrastructure (referring to the ratio of a land area required for infrastructure against the total land area of an infrastructure-levy area) which is calculated in consideration of the degree of installation of infrastructure in each infrastructure-levy area into an area required for infrastructure per the total floor area of buildings.
(2) "Cause coefficient of infrastructure by building prescribed by Presidential Decree" in Article 68 (4) 2 of the Act shall be as provided in attached Table 1-3.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70 (Reduction of, or Exemption from, Infrastructure Installation Costs, etc.)
(1) Where a payment obligor installs infrastructure directly or secures a site necessary to install infrastructure, the costs incurred in installing the infrastructure directly or in securing the site shall be deducted from infrastructure installation costs.
(2) The costs incurred in installing infrastructure directly by a payment obligor, out of the amount of deduction under paragraph (1), shall be calculated by aggregating the following: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27472, Aug. 31, 2016>
1. The value of land which is an arithmetical average of the values appraised by at least two appraisal business operators under the Act on Appraisal and Certified Appraisers, who have the qualifications determined by the Minister of Land, Infrastructure and Transport as of the date (hereinafter referred to as "reference point for imposition") on which a building permit (where a building permit is deemed granted, such as approval of business under other Acts, such approval of business) is granted under Article 69 (2) of the Act;
2. The building cost of each infrastructure, which is calculated by multiplying the standard building cost per unit of each piece of infrastructure, which is publicly announced by the Minister of Land, Infrastructure and Transport each year by the amount of infrastructure installed by a payment obligor at the reference point for imposition: Provided, That when a payment obligor submits an itemized statement of building costs actually spent, such building costs may be considered as the building costs of each infrastructure, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Notwithstanding paragraph (2), where an amount of deduction calculated by applying any of the following land values and building costs of each infrastructure calculated under paragraph (2) 2 at the reference point for imposition exceeds the infrastructure installation costs, such amount shall be deemed costs actually incurred in installing infrastructure directly by a payment obligor: <Amended by Presidential Decree No. 22264, Jul, 9, 2010>
1. A publicly announced individual land price, most recently determined and announced from the reference point for imposition;
2. The value of land purchased from the State, a local government, a public institution under the Act on the Management of Public Institutions, or a local public enterprise under the Local Public Enterprises Act;
3. The value of land purchased by a public institution under the Act on the Management of Public Institutions, or a local public enterprise under the Local Public Enterprises Act;
4. The value of land acquired through consultation or expropriation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
5. The appraised value of land targeted for gratuitous attribution.
(4) Out of the amount to be deducted under paragraph (1), the costs incurred in securing sites necessary for infrastructure shall be calculated pursuant to paragraph (2) 1.
(5) The costs to be reduced or exempted from infrastructure installation costs under Article 68 (6) of the Act, other than cases falling under paragraph (1), shall be as provided in attached Table 1-4.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-2 (Payment Obligors)
"Persons prescribed by Presidential Decree, such as a trustor of construction or successor to such position, etc." in Article 69 (1) of the Act means the following persons:
1. In cases where entrusting or giving a contract for construction activities, a person who entrusted or gave such contract;
2. In cases where conducting construction activities by leasing land in another person's possession, the person who conducts such activities;
3. In cases where succeeding the position of a contractor before completion of construction activities or succeeding the position of a person who falls under subparagraph 1 or 2, the person who succeeds such position.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-3 (Prior Notice of Infrastructure Installation Costs, etc.)
(1) To impose infrastructure installation costs pursuant to Article 69 (2) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall give prior notice of the criteria for imposition and infrastructure installation costs to be imposed to a payment obligor within 30 days from the base date for imposition. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) If a payment obligor who has received notice under paragraph (1) (hereinafter referred to as "prior notice") has an objection to the prior notice of infrastructure installation costs, may make an application for examination (hereinafter referred to as "pre-notification review") to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun within 15 days from the date of receipt of the prior notice. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) To request pre-notification review, a payment obligor who has received prior notice shall submit a request for pre-notification review stating each of the following matters to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Name of the applicant (referring to the name of a corporation and the name of its representative in cases where the applicant is a corporation);
2. Address or the place of residence of the applicant (referring to the address of a corporation and the address of its representative in cases where the applicant is a corporation);
3. Details of buildings subject to imposition of infrastructure installation costs;
4. Infrastructure installation costs stated in prior notice;
5. Grounds for requesting pre-notification review.
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who has received a request for pre-notification review under paragraph (2) shall examine the details of such request and notify the applicant of the results thereof within 15 days from the date of receipt of the request. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(5) Notice of the results of pre-notification review shall be given by notice of determination on pre-notification review which states each of the following matters:
1. Name of the applicant (referring to the name of a corporation and the name of its representative in cases where the applicant is a corporation);
2. Address and place of residence of the applicant (referring to the address of a corporation and the address of its representative in cases where the applicant is a corporation);
3. Details of buildings subject to imposition of infrastructure installation costs;
4. Infrastructure installation costs to be paid;
5. The results of pre-notification review and the causes thereof.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-4 (Determination on Infrastructure Installation Costs)
Where no objection is raised in relation to prior notice, or the results of review conducted upon a request for pre-notification review has been notified, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall determine infrastructure installation costs in the amount notified. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-5 (Notice for Payment)
(1) To impose infrastructure installation costs pursuant to Article 69 (2) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall issue notice for payment to a payment obligor. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) When issuing notice for payment under paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall state the amount of payment, grounds for calculation, deadline for payment and place of payment to impose infrastructure installation costs under Article 69 (2) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-6 (Correction of Infrastructure Installation Costs, etc.)
(1) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun fins any omission or error in infrastructure installation costs after having imposed such costs pursuant to Article 70-5, he/she shall examine and correct the imposed infrastructure installation costs without delay and notify the payment obligor of the details of such correction. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Where a cause to increase infrastructure installation costs occurs, such as an increase in the total floor area of a building, following the modification of matters subject to permission for construction, etc., the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall additionally impose the amount calculated by subtracting the infrastructure installation costs incurred in relation to the initial matters subject to permission for construction, etc. calculated based on the date on which permission for modification, etc. was obtained, from infrastructure installation costs incurred in relation to modified matters subject to permission for construction, calculated based on the date on which permission for modification, etc. was obtained. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-7 (Payment of Infrastructure Installation Costs in Kind)
(1) Infrastructure installation costs shall be paid in cash, by credit card or debit card, and payment with land subject to such costs and similar land (hereinafter referred to as "payment in kind") may be permitted. <Amended by Presidential Decree No. 25718, Nov. 11, 2014>
(2) A person who intends to apply for payment in kind under paragraph (1) shall file an application for payment in kind, containing infrastructure installation costs, the area and location for land subject to payment in kind, publicly announced individual land price of land subject to payment in kind as at the time of filing an application for payment in kind, etc., with the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun by 20 days prior to the deadline for payment provided in Article 69 (2) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun shall give written notice to the relevant applicant as to whether he/she accepts payment in kind within 10 days from the date of receipt of the application for payment in kind under paragraph (1). <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) No value of land that can be applied for payment in kind shall exceed the amount of relevant infrastructure installation costs imposed, and a payment obligor shall pay the infrastructure installation cost less the value of land subject to payment in kind, in cash, by credit card or debit card. <Amended by Presidential Decree No. 25718, Nov. 11, 2014>
(5) The value of land to be appropriated for payment in kind shall be the aggregate of the following:
1. The publicly announced individual land price, most recently determined and announced from the date written notice is given under paragraph (3);
2. The amount computed by applying a fluctuation rate of land prices of the relevant Si/Gun/Gu on the basis of day to the publicly announced individual land price under subparagraph 1 on a daily basis for a period from the base date of publicly announced individual land price under subparagraph 1 to the date written notice is given under paragraph (3).
(6) Upon receipt of payment in kind, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall transfer it to the special account for infrastructure established in the relevant infrastructure-levy area under Article 70 (1) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-8 (Extension of Deadline for Payment and Payment in Installments)
(1) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun deems it difficult for a payment obligor to pay infrastructure installation costs for any of the following reasons, he/she may extend the deadline for payment by up to one year or permit the payment obligor to pay such costs in installments within two years in consideration of the status of use according to the purpose of the relevant development project, etc.: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where the payment obligor sustains substantial property loss due to a disaster or robbery;
2. Where the payment obligor sustains an apparent loss in his/her business;
3. Where the payment obligor’s business is in jeopardy;
4. Where the payment obligor or any of his/her cohabiting family member needs long-term medical treatment because of a disease or serious injury.
(2) A person who intends to apply for an extension of the deadline for payment or payment of infrastructure installation costs in installments under paragraph (1) shall submit to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun an application for an extension or an application for payment in installments within 15 days from the date of receipt of notice for payment under Article 70-5 (1). <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall give written notice of whether to allow an extension of the deadline for payment or payment in installments within 15 days from the date of receipt of an application for an extension of the deadline for payment or an application for payment in installments under paragraph (2). <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) For a period during which payments are delayed or postponed through payment in installments under paragraph (1), the infrastructure installation costs shall be collected plus interest calculated under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-9 (Demand for Payment)
When a payment obligor fails to make full payment of infrastructure installation costs by the time he/she files an application for approval of use under Article 69 (2) of the Act (in cases of deemed approval of use, such as inspection of completion of construction under other Acts, such inspection of completion of construction), the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun shall issue a demand notice within ten days upon the expiration of the deadline for payment. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-10 (Refund of Infrastructure Installation Costs)
(1) In any of the following cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall refund infrastructure installation costs pursuant to Article 69 (4) of the Act: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where a cause for reduction of paid infrastructure installation costs occurs, such as decrease in building areas resulting from the modification of matters subject to permission for construction, etc.;
2. Where a payment obligor paid additional costs referred to in any subparagraph of attached Table 1-4;
3. Where the amount to be deducted under Article 70 (1) increases.
(2) When refunding infrastructure installation costs under paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall refund the amount calculated by subtracting infrastructure installation costs incurred in relation to modified matters subject to permission for construction which is calculated based on the original reference point for imposition, from infrastructure installation costs paid by a payment obligor (hereinafter referred to as "refund money") and the amount calculated according to the interest rate under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes for the period from the date following the date falling under any of the following subparagraphs to the date on which refund is determined (hereinafter referred to as "refund dues"): <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. In cases of refunding as a result of erroneous payment, dual payment or cancellation or correction of imposition after payment, the date of such payment;
2. In cases of refunding as a result of the cancellation of permission which incurred installation costs, for which cause is attributable to a payment obligor, the date of such cancellation;
3. In cases of refunding as a result of the modification of a construction plan by a payment obligor or other causes similar thereto, the date of permission for such modification or the date on which an administrative disposition similar thereto is given.
(3) Refund money and refund dues shall be paid from the special accounts for infrastructure established in the relevant infrastructure-levy area: Provided, That where a business operator is responsible for reinstatement due to cancellation of permission, decrease of business area, etc., the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may defer the payment of an amount equivalent to the cost incurred in relation to the reinstatement until such reinstatement works are completed. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) A payment obligor who intends to get a refund of infrastructure installation costs under paragraph (1) shall submit to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun materials evidencing modified matters concerning the payment of allotment or installation of infrastructure, and the modification thereof by the date of approval of the use of the relevant construction activities or by the date of completion of construction. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
 Article 70-11 (Management and Use of Infrastructure Installation Costs, etc.)
(1) "Cases prescribed by Presidential Decree" in the proviso to Article 70 (2) of the Act means cases where the remainder exists even after all necessary infrastructure is built in infrastructure-levy areas or all sites necessary therefor are secured.
(2) The infrastructure installation costs paid under Article 69 (2) of the Act shall be used for the following purposes:
1. Establishment of infrastructure installation plan and infrastructure-levy plan for each infrastructure-levy area;
2. New installation of infrastructure induced by the construction or expansion of buildings in infrastructure-levy areas and the security of sites required therefor or improvement of existing infrastructure;
3. Management and operation of special accounts established for each infrastructure-levy area.
[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]
CHAPTER VI LIMITATIONS ON ACTIVITIES WITHIN SPECIAL-PURPOSE AREAS, SPECIAL-PURPOSE DISTRICTS AND SPECIAL-PURPOSE ZONES
 Article 71 (Limitations on Construction within Special-Purpose Areas)
(1) Limitations on the usage, type, size, etc. of structures within a special-purpose area under Article 76 (1) of the Act (hereinafter referred to as "limitations on construction") shall be as follows: <Amended by Presidential Decree No. 25090, Jan. 14, 2014>
1. Structures that can be constructed within a Class-I exclusive residential area: Structures prescribed in attached Table 2;
2. Structures that can be constructed within a Class-II exclusive residential area: Structures prescribed in attached Table 3;
3. Structures that can be constructed within a Class-I general residential area: Structures prescribed in attached Table 4;
4. Structures that can be constructed within a Class-II general residential area: Structures prescribed in attached Table 5;
5. Structures that can be constructed within a Class-III general residential area: Structures prescribed in attached Table 6;
6. Structures that cannot be constructed within a quasi-residential area: Structures prescribed in attached Table 7;
7. Structures that cannot be constructed within a central commercial area: Structures prescribed in attached Table 8;
8. Structures that cannot be constructed within a general commercial area: Structures prescribed in attached Table 9;
9. Structures that cannot be constructed within a neighboring commercial area: Structures prescribed in attached Table 10;
10. Structures that cannot be constructed within a circulative commercial area: Structures prescribed in attached Table 11;
11. Structures that can be constructed within an exclusive industrial area: Structures prescribed in attached Table 12;
12. Structures that can be constructed within a general industrial area: Structures prescribed in attached Table 13;
13. Structures that cannot be constructed within a quasi-industrial area: Structures prescribed in attached Table 14;
14. Structures that can be constructed within a green conservation area: Structures prescribed in attached Table 15;
15. Structures that can be constructed within a green production area: Structures prescribed in attached Table 16;
16. Structures that can be constructed within a green natural area: Structures prescribed in attached Table 17;
17. Structures that can be constructed within a conservation management area: Structures prescribed in attached Table 18;
18. Structures that can be constructed within a production management area: Structures prescribed in attached Table 19;
19. Structures that cannot be constructed within a planning management area: Structures prescribed in attached Table 20;
20. Structures that can be constructed within an agricultural and forestry area: Structures prescribed in attached Table 21;
21. Structures that can be constructed within a natural environment conservation area: Structures prescribed in attached Table 22;
(2) In applying limitations on construction under paragraph (1), the limitations on construction of principal structures shall govern any annexed structures.
(3) Notwithstanding paragraph (1), restrictions on the kind and size of a building fully meeting the following requirements among buildings provided in attached Table 1 of the Enforcement Decree of the Building Act may be separately prescribed by urban or Gun planning ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun: <Newly Inserted by Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012>
1. It shall be a building newly provided in attached Table 1 of the Enforcement Decree of the Building Act after January 20, 2012;
2. It shall be a building not provided in the provisions of attached Tables 2 through 22.
 Article 72 (Limitations on Construction within Scenic Districts)
(1) It is prohibited to construct buildings prescribed by urban or Gun planning ordinance, recognized as impeding the conservation, management, and formation of scenic views in a scenic district, within the scenic district: Provided, That the same shall not apply to buildings recognized by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun as meeting the standards prescribed by urban or Gun planning ordinance within the extent not compromising the purposes of designating that district and deliberated upon by the urban planning committee established in the relevant local government. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
(2) The building-to-land ratio, floor area ratio, height, maximum width, color of buildings within a scenic district and landscape gardening, etc. in the sites, shall be prescribed by urban or Gun planning ordinance within the scope necessary for the conservation, management, and formation of scenic views of the same district. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
(3) Notwithstanding paragraphs (1) and (2), limitations on construction may be otherwise prescribed by an urban or Gun management plan concerning the designation of the relevant scenic district in any of the following circumstances: <Newly Inserted by Presidential Decree No. 28553, Dec. 29, 2017>
1. Where it is unreasonable to apply all limitations on construction prescribed by urban or Gun management planning ordinance pursuant to paragraphs (1) and (2) to the scenic district in the light of the status or conditions of land use in surrounding areas. In such cases, limitations on construction that may be prescribed by an urban or Gun management plan shall be limited to some of the limitations on construction prescribed by urban or Gun planning ordinance;
2. Where it is impracticable to conserve, manage, and form scenic views due to the location, environment, and other characteristics of the scenic district although limitations on construction prescribed by urban or Gun planning ordinance pursuant to paragraphs (1) and (2) apply to such scenic district. In such cases, limitations on construction that may be prescribed by an urban or Gun management plan shall be limited to the size (including the ratio of the length of the facade of the building, etc. to the length of the side or the height thereof) and shape of the building, the shape of building equipment protruding outside the building and others similar thereto, or restrictions on or prohibitions of the installation thereof.
 Article 73 Deleted. <by Presidential Decree No. 28553, Dec. 29, 2017>
 Article 74 (Limitations on Construction within Height Restriction Districts)
It is prohibited to construct buildings exceeding the height prescribed by an urban or Gun management plan within a height restriction district. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
 Article 75 (Limitations on Construction within Disaster Prevention Districts)
It is prohibited to construct buildings stipulated by urban or Gun planning ordinance as hindering the prevention of wind and flood damage, landslide, ground failure, earthquake, and other disasters within a disaster prevention district: Provided, That the same shall not apply to the buildings recognized by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun as meeting the standards prescribed by urban or Gun planning ordinance within the extent not compromising the purposes of designating that district and deliberated upon by the urban planning committee established in the relevant local government. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 76 (Limitations on Construction within Protection Districts)
It is permitted to construct buildings classified as follows within a protection district: Provided, That the same shall not apply to the buildings recognized by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun as meeting the standards prescribed by urban or Gun planning ordinance within the extent not compromising the purposes of designating that district and deliberated by the urban planning committee established in the relevant local government and consulted with the head of the related administrative agency: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
1. Historic and cultural environment protection district: Buildings for directly managing and protecting cultural heritage subject to the Cultural Heritage Protection Act, and buildings not impeding the protection and conservation of an area highly worthy of conservation culturally, prescribed by urban or Gun planning ordinance;
2. Important facility protection district: Buildings prescribed by urban or Gun planning ordinance, which do not impede the protection and functions of the relevant important facility. In such cases, where the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor intends to designate a protection district of airport facilities by subdividing it pursuant to Article 31 (3), he/she may designate such protection district including limitations on construction concerning the use, shape, etc. of a building to the extent not impeding the protection of the airport facilities and the landing and takeoff of aircraft;
3. Ecosystem protection district: Buildings not impeding the protection and conservation of an area highly worthy of conservation ecologically, prescribed by urban or Gun planning ordinance.
 Article 77 Deleted. <by Presidential Decree No. 28553, Dec. 29, 2017>
 Article 78 (Limitations on Construction within Settlement District)
(1) Structures allowed to be constructed within a natural settlement district under Article 76 (5) 1 of the Act shall be as described in attached Table 23.
(2) Limitations on construction within a collective settlement district shall be governed by the Act on Special Measures for Designation and Management of Development Restriction Zones and the relevant statutes.
 Article 79 (Limitations on Construction within Development Promotion Districts)
(1) No building shall be constructed in any development promotion district for which a district unit plan is formulated pursuant to Article 76 (5) 1-2 of the Act or a development plan is formulated under related Acts, in violation of the district unit plan or development plan formulated under related Acts. However, buildings prescribed by urban or Gun planning ordinance may be constructed to the extent not compromising the planned development of a development promotion district until a district unit plan or development plan is formulated.
(2) In a development promotion district for which a district unit plan is not formulated pursuant to Article 76 (5) 1-2 of the Act or a development plan is not formulated under related Acts, buildings permitted in that special-purpose area may be constructed.
(3) Notwithstanding paragraph (2), in an industry and distribution development promotion district, buildings prescribed by urban or Gun planning ordinance, among those meeting the requirements classified below, may be constructed in accordance with the relevant district plan (referring to a plan concerning land use, construction of infrastructure, prevention of environmental pollution, etc. in that district), in addition to those permitted in that special-purpose area: <Amended by Presidential Decree No. 28583, Jan. 16, 2018>
1. A planned management area: Factories meeting each of the following requirements among the factories, the construction of which is not permitted in the planned management area:
(a) Factories shall not be subject to permission or reporting to install discharge facilities under the Clean Air Conservation Act, the Water Environment Conservation Act, or the Noise and Vibration Control Act;
(b) Factories shall have no discharge facility prescribed in the Malodor Prevention Act;
(c) A person who intends to construct a building shall have prepared documents necessary to ascertain whether the construction of a factory is possible under Article 9 (1) of the Industrial Cluster Development and Factory Establishment Act, or to obtain approval for the construction of a factory under Article 13 (1) of the same Act, and pre-consulted with the heads of related administrative agencies pursuant to Article 30 (1) of the Act;
2. A natural green area, production control area, or conservation and control area: Factories meeting each of the following requirements among the factories, the construction of which is not permitted in such special-purpose area:
(a) An existing factory constructed in a planned management area prior to the designation of an industry and distribution development promotion district shall be extended over the land within the adjacent special-purpose area;
(b) The area of the factory site to be extended over the relevant special-purpose area shall not exceed 3,000 square meters: Provided, That the maximum area of the factory site may be permitted up to 5,000 square meters subject to deliberation by an urban planning committee, where infrastructure has been constructed, or a sufficient site is secured for the construction of infrastructure in the relevant special-purpose area, and the environmental pollution or degradation of the surrounding areas is unlikely to occur.
[This Article Wholly Amended by Presidential Decree No. 26970, Feb. 11, 2016]
 Article 80 (Limitations on Construction within Special-Purpose Restricted Districts)
It is prohibited to construct buildings prescribed by urban or Gun planning ordinance, recognized as damaging residential functions and educational environment or harmful to juvenile sentiments, within a special-purpose restricted district. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
 Article 81 (Limitations on Construction within Combined Special-Purpose Districts)
Buildings prescribed by urban or Gun planning ordinance, among the following buildings, may be constructed in a combined special-purpose district pursuant to Article 76 (5) 1-3 of the Act, in addition to those permitted in the combined special-purpose district:
1. General residential area: Buildings permitted within a quasi-residential area: Provided, That the following buildings shall be excluded:
(a) A massage parlor among Class II neighborhood living facilities referred to in subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act;
(b) An auditorium referred to in subparagraph 5 (c) of attached Table 1 of the Enforcement Decree of the Building Act;
(c) A factory referred to in subparagraph 17 of attached Table 1 of the Enforcement Decree of the Building Act;
(d) A dangerous goods storage and disposal facility referred to in subparagraph 19 of attached Table 1 of the Enforcement Decree of the Building Act;
(e) A facility related to animals and plants referred to in subparagraph 21 of attached Table 1 of the Enforcement Decree of the Building Act;
(f) A funeral home referred to in subparagraph 28 of attached Table 1 of the Enforcement Decree of the Building Act;
2. General industrial area: Buildings permitted within a quasi-industrial area: Provided, That the following buildings shall be excluded:
(a) An apartment building referred to in subparagraph 2 (a) of attached Table 1 of the Enforcement Decree of the Building Act;
(b) A karaoke bar and a massage parlor among Class II neighborhood living facilities referred to in subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act;
(c) A day care center and elderly care center referred to in subparagraph 11 of attached Table 1 of the Enforcement Decree of the Building Act;
3. Planned management area: The following buildings:
(a) A restaurant, a restaurant serving food except alcoholic beverages, and a bakery among Class II neighborhood living facilities referred to in subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act (excluding a restaurant, a restaurant serving food except alcoholic beverages, and a bakery, which shall not be constructed pursuant to subparagraph 1 (d) of attached Table 20);
(b) A sales facility referred to in subparagraph 7 of attached Table 1 of the Enforcement Decree of the Building Act;
(c) Accommodations referred to in subparagraph 15 of attached Table 1 of the Enforcement Decree of the Building Act (excluding accommodations which shall not be constructed pursuant to subparagraph 1 (d) of attached Table 20);
(d) A facility of an amusement park referred to in subparagraph 16 (c) of attached Table 1 of the Enforcement Decree of the Building Act, and other similar facilities.
[This Article Newly Inserted by Presidential Decree No. 28553, Dec. 29, 2017]
 Article 82 (Limitations on Construction within other Special-Purpose Districts)
Limitations on construction within any special-purpose district, other than the special-purpose districts provided in Articles 72 through 80, shall be stipulated by urban or Gun planning ordinance of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun to the extent necessary for achieving the purpose for which the special-purpose district is designated. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 27744, Dec. 30, 2016>
 Article 83 (Exceptions, etc. to Limitations on Construction within Special-Purpose Areas, Special-Purpose Districts, and Special-Purpose Zones)
(1) Articles 71 through 82 shall not apply to urban or Gun planning facilities within any special-purpose area or special-purpose district. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Notwithstanding the provisions of Articles 72 through 74, relaxed limitations on the heights, sizes, etc. of buildings may be imposed on buildings requiring remodeling under Article 6 (1) 6 of the Enforcement Decree of the Building Act within a scenic district or height control district pursuant to Article 6 (1) 5 of the same Enforcement Decree. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
(3) The following statutes or provisions shall apply to limitations on construction in development restriction zones, urban natural park zones, urbanization-coordination zones, and fishery resources protection zones: <Amended by Presidential Decree No. 26381, Jul. 6, 2015>
1. Limitations on construction in the development restriction zones: The Act on Special Measures for Designation and Management of Development Restriction Zones;
2. Limitations on construction in the urban natural park zones: The Act on Urban Parks, Green Areas, Etc.;
3. Limitations on construction in the urbanization-coordination zones: The provisions of Articles 87 through 89;
4. Limitations on construction in the fishery resources protection zones: The Fishery Resources Management Act.
(4) Matters pertaining to buildings provided in attached Tables 2 through 25, Articles 72, 74 through 76, 79, 80, and 82 shall apply to the limitations on the uses, types, sizes, etc. of facilities, other than buildings, within special-purpose areas, special-purpose districts, or special-purpose zones: Provided, That such provisions shall not apply to the limitations on the uses, types, sizes, etc. of the following facilities: <Amended by Presidential Decree No. 27172, May 17, 2016; Presidential Decree No. 27570, Nov. 1, 2016; Presidential Decree No. 28553, Dec. 29, 2017>
1. Facilities meeting each of the following requirements, which are amusement facilities or equipment used for amusement facility business (hereinafter referred to as "amusement facility business") prescribed in Article 3 (1) 6 of the Tourism Promotion Act:
(a) Such facilities shall be amusement facilities or equipment that runs along a track using a railroad;
(b) The railroad referred to in item (a) shall be an existing railroad line excluded from the commercial railroad lines due to alterations to matters designated or publicly notified pursuant to Article 4 of the Railroad Service Act;
2. Such facilities must be installed pursuant to Article 5 (2) of the Tourism Promotion Act to engage in amusement facility business which requires the amusement facilities or equipment referred to in subparagraph 1.
(5) The installation of appurtenant facilities for construction works, such as materials storage yards, facilities for producing ready-mixed concrete and asphalt concrete, to be installed in work sites for constructing buildings or facilities permitted within a special-purpose area, special-purpose district, or special-purpose zone, may be permitted on condition that reinstatement is conducted at a charge of the installer of such facilities after using them during a given period within the minimum area required for the relevant construction works, notwithstanding paragraph (4) and Articles 55 and 56. <Newly Inserted by Presidential Decree No. 18240, Jan. 20, 2004>
(6) In limiting the number of floors among the limitations on construction in special-purpose areas provided in Article 71, where the entire first floor is with pilotis in a disaster prevention area, the part with pilotis shall be excluded from the number of floors. <Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014>
(7) Deleted. <by Presidential Decree No. 28553, Dec. 29, 2017>
 Article 84 (Building-to-Land Ratios within Special-Purpose Areas)
(1) No building-to-land ratios referred to in Article 77 (1) and (2) of the Act, shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within each of the following limits: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Class-I exclusive residential areas: Not more than 50 percent;
2. Class-II exclusive residential areas: Not more than 50 percent;
3. Class-I general residential areas: Not more than 60 percent;
4. Class-II general residential areas: Not more than 60 percent;
5. Class-III general residential areas: Not more than 50 percent;
6. Quasi-residential areas: Not more than 70 percent;
7. Central commercial areas: Not more than 90 percent;
8. General commercial areas: Not more than 80 percent;
9. Neighboring commercial areas: Not more than 70 percent;
10. Distribution commercial areas: Not more than 80 percent;
11. Exclusive industrial areas: Not more than 70 percent;
12. General industrial areas: Not more than 70 percent;
13. Quasi-industrial areas: Not more than 70 percent;
14. Green conservation areas: Not more than 20 percent;
15. Green production areas: Not more than 20 percent;
16. Green natural areas: Not more than 20 percent;
17. Conservation and control areas: Not more than 20 percent;
18. Production control areas: Not more than 20 percent;
19. Planned management areas: Not more than 40 percent;
20. Agricultural and forestry areas: Not more than 20 percent;
21. Natural environment conservation areas: Not more than 20 percent.
(2) Where necessary for setting the building-to-land ratio for each special-purpose area by urban or Gun planning ordinance under paragraph (1), such ratio may be set differently by sub-dividing the jurisdictional area of the relevant local government. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) "Special-purpose area prescribed by Presidential Decree" in Article 77 (3) 2 of the Act, means a natural green area. <Newly Inserted by Presidential Decree No. 26970, Feb. 11, 2016>
(4) No building-to-land ratios in the following areas shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within each of the following limits pursuant to Article 77 (3) of the Act: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26970, Feb. 11, 2016>
1. Settlement districts: Not more than 60 percent (collective settlement districts shall be governed by the Act on Special Measures for Designation and Management of Development Restriction Zones and the Enforcement Decree thereof);
2. Development promotion districts: Not more than the percentage provided in the following:
(a) Where the district is designated within an area, other than an urban area: 40 percent;
(b) Where the district is designated within a natural green area: 30 percent;
3. Fishery resource protection zones: Not more than 40 percent;
4. Natural parks established under the Natural Parks Act: Not more than 60 percent;
5. Agricultural and industrial complexes defined in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act: Not more than 70 percent;
6. National industrial complexes, general industrial complexes, and urban high-tech industrial complexes defined in subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act, and quasi-industrial complexes defined in subparagraph 12 of the same Article in industrial areas: Not more than 80 percent.
(5) No building-to-land ratios applicable to buildings constructed within a district stipulated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun following deliberation by the urban planning committee established under the relevant local government, as he/she deems it necessary to reduce building-to-land ratios to prevent overpopulated land utilization in an urban area pursuant to Article 77 (4) 1 of the Act, shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within at least 40 percent of the maximum building-to-land ratio to be applied to that district. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26970, Feb. 11, 2016>
(6) Notwithstanding paragraph (1), no building-to-land ratios applicable to any of the following buildings pursuant to Article 77 (4) 2 of the Act shall exceed the following limits: <Amended by Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21625, Jul. 7, 2009: Presidential Decree No. 23009, Jul 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014; Presidential Decree No. 25661, Oct. 15, 2014; Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 26970, Feb. 11, 2016; Presidential Decree No. 27172, May 17, 2016>
1. Buildings prescribed by urban or Gun planning ordinance among buildings, the main structures and outer walls of which are of fire-resisting construction, in a fire-prevention district of a quasi-residential area, general commercial area, or neighboring commercial area: The ratio set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within at least 80 to 90 percent:
(a) and (b) Deleted; <by Presidential Decree No. 25090, Jan. 14, 2014>
2. Buildings equipped with disaster prevention facilities complying with disaster reduction measures for a disaster prevention district under the latter part of Article 37 (4) of the Act, which are in a green area, control area, agricultural and forestry area, or natural environment conservation area: The ratio set by urban or Gun planning ordinance within the limits of 150 percent of the building-to-land ratios for the special-purpose areas referred to in the subparagraphs of paragraph (1);
3. Warehousing facilities or research centers in a natural green area (applicable only to warehousing facilities or research centers completed as at the time a natural green area was designated and to be extended on existing sites): The building-to-land ratio permitted for such warehousing facilities or research centers as at the time the first building permit was granted, within 40 percent;
4. Existing factories, warehousing facilities, or research centers in a planned management area (applicable only to factories, warehousing facilities, or research centers completed before January 1, 2003 and to be extended on existing sites, and where infrastructure, such as roads, waterworks, and sewerage, are deemed sufficiently secured following deliberation by the relevant local urban planning committee, or requirements for securing infrastructure prescribed by urban or Gun planning ordinance are met): The ratio set by urban or Gun planning ordinance within 50 percent;
5. Any of the following buildings in a green area, preservation control area, production control area, agricultural and forestry area, or natural environment conservation area: The ratio set by urban or Gun planning ordinance within 30 percent:
(a) A traditional temple defined in subparagraph 1 of Article 2 of the Korean Traditional Temples Preservation and Support Act;
(b) A designated cultural heritage defined in Article 2 (2) of the Cultural Heritage Protection Act and a registered cultural heritage defined in Article 2 (3) of the same Act;
(c) A traditional Korean-style house defined in subparagraph 16 of Article 2 of the Enforcement Decree of the Building Act;
6. Factories located in a zone where an industrial site is developed (limited to a zone adjacent to an industrial complex or quasi-industrial complex referred to in paragraph (4) 6 of this Article) defined in Article 2 (1) 10 of the former Urban Planning Act (referring to the Urban Planning Act in force prior to the amendment by Act No. 6243, January 28, 2000), where the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor, or the head of the competent Si/Gun deems that a sufficient site necessary for building infrastructure is secured and such factories are unlikely to cause environmental pollution in surrounding areas following deliberation by the relevant local urban planning committee: The ratio set by urban and Gun planning ordinance within 80 percent;
7. Schools meeting each of the following requirements, which are located in a natural green area (referring to schools referred to in Article 2 of the Elementary and Secondary Education Act and schools referred to in subparagraphs 1 through 5 of Article 2 of the Higher Education Act): The ratio set by urban or Gun planning ordinance within 30 percent:
(a) To be extended on the existing site;
(b) Where it is impracticable to extend school buildings by expanding the site because the existing site of the relevant school is surrounded by buildings and other facilities due to development activities, etc. after the establishment of the school and the extension of school buildings on the existing site shall be deemed inevitable following deliberation by the relevant urban planning committee;
(7) Notwithstanding paragraph (1), no building-to-land ratios applicable to buildings which can be constructed under Article 32 (1) of the Farmland Act in a conservation and control area, production control area, agricultural and forestry area, or natural environment conservation area pursuant to Article 77 (4) 3 and 4 of the Act, shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within 60 percent. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 23148, Sep. 16, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26970, Feb. 11, 2016>
(8) Notwithstanding paragraph (1), no building-to-land ratios applicable to the following buildings which can be constructed in a green production area pursuant to Article 77 (4) 3 of the Act, shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within 60 percent, comprehensively considering the status of population engaged in agriculture and fisheries, the actual conditions of supply of, and demand for, facilities processing or handling agricultural and fishery produce, etc. of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun where that green production area is located: <Newly Inserted by Presidential Decree No. 23148, Sep. 16, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26721, Dec. 15, 2015; Presidential Decree No. 26970, Feb. 11, 2016>
1. Facilities processing or handling agricultural and fishery produce (limited to facilities processing or handling agricultural and fishery produce produced in the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun) and testing and research facilities related to agriculture and fisheries referred to in Article 32 (1) 1 of the Farmland Act;
2. Facilities drying or storing agricultural produce referred to in Article 29 (5) 1 of the Enforcement Decree of the Farmland Act;
3. Distribution facilities at the places of origin referred to in Article 29 (7) 2 of the Enforcement Decree of the Farmland Act (only applicable to the distribution facilities at the places of origin for agricultural produce produced in the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun).
(9) Notwithstanding paragraph (1), no building-to-land ratio applicable to amusement parks and parks among urban or Gun planning facilities established in a natural green area, shall exceed the ratio set by the relevant urban or Gun planning ordinance within 30 percent, and 20 percent, respectively. <Amended by Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 23148, Sep. 16, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26970, Feb. 11, 2016>
 Article 84-2 (Building-to-Land Ratios Applicable to Existing Factories in Green Production Areas, etc.)
(1) Notwithstanding Article 84 (1), no building-to-land ratios applicable to existing factories in a green production area, natural green area, or production control area (only applicable to factories completed as at the time the area is designated as such special-purpose area and to be extended on the existing sites) pursuant to Article 77 (4) 2 of the Act, shall exceed the building-to-land ratios permitted for the existing factories as at the time the first building permit was granted, within 40 percent: Provided, That the foregoing shall only apply to applications for permission for extension to be filed by December 31, 2018. <Amended by Presidential Decree No. 27299, Jun. 30, 2016>
(2) Notwithstanding Article 84 (1), no building-to-land ratios applicable to extended factories by expanding sites for existing factories (limited to applications for permission for extension to be filed by December 31, 2018) in a green production area, natural green area, production control area, or planned management area (limited to the factories completed as at the time the area is designated as such special-purpose area) pursuant to Article 77 (4) 2 of the Act, shall exceed the ratios set by urban or Gun planning ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, within 40 percent in any of the following circumstances. In such cases, the standards for building-to-land ratios shall apply only to the sites additionally acquired upon extension (including the site additionally acquired upon extension after the area is designated as the relevant special-purpose area; hereinafter referred to as "additionally acquired site") in cases falling under subparagraph 1, and the standards for building-to-land ratios shall apply by annexing the site at the time of completion of construction (referring to the site as at the time the area is designated as the relevant special-purpose area; hereafter in this paragraph referred to as "site at the time of completion of construction") and the additionally acquired site in cases falling under subparagraph 2: <Amended by Presidential Decree No. 26721, Dec. 15, 2015; Presidential Decree No. 27299, Jun. 30, 2016>
1. Where a building is extended on the additionally acquired site, and each of the following requirements are satisfied:
(a) The area of the additionally acquired site shall be not more than 3,000 square meters and shall be within 50 percent of the area of the site at the time of completion of construction;
(b) The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun shall acknowledge that a sufficient site necessary for building infrastructure has been secured and the environmental pollution of the surrounding areas is unlikely to occur following deliberation by the relevant local urban planning committee;
2. Where a building is extended by annexing the site at the time of completion of construction and the additionally acquired site, and all of the following requirements are satisfied:
(a) The requirements provided in the items of subparagraph 1 shall be satisfied;
(b) The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun deems it inevitable to extend the building by annexing the site at the time of completion of construction and the additionally acquired site to obtain any of the following certifications, etc. following deliberation by the relevant local urban planning committee:
(i) Certification of food hazard analysis and critical control points under Article 48 of the Food Sanitation Act;
(ii) Certification of the observance of the standards for the hazard analysis and critical control points under Article 70 of the Agricultural and Fishery Products Quality Control Act;
(iii) Certification of hazard analysis and critical control points under Article 9 of the Livestock Products Sanitary Control Act;
(c) The site at the time of completion of construction and the additionally acquired site shall be annexed: Provided, That such sites need not be annexed in cases falling under Article 3 (1) 2 (a) of the Enforcement Decree of the Building Act.
[This Article Newly Inserted by Presidential Decree No. 25661, Oct. 15, 2014]
 Article 84-3 (Standards for Relaxation of Building-to-Land Ratios in Areas for which Growth Management Plan has been Formulated)
(1) "Green area prescribed by Presidential Decree" in Article 77 (5) of the Act, means a natural green area.
(2) "Standards prescribed by Presidential Decree" in Article 77 (5) of the Act, means the following standards: Provided, That the foregoing shall only apply where an environment management plan or landscape plan referred to in Article 56-2 (2) 4 is included in a growth management plan in cases of factories:
1. A planned management area: Not more than 50 percent;
2. A natural green area or a production control area: Not more than 30 percent.
[This Article Newly Inserted by Presidential Decree No. 26970, Feb. 11, 2016]
 Article 85 (Floor Area Ratios within Special-Purpose Areas)
(1) No floor area ratios referred to in Article 78 (1) and (2) of the Act shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, considering the area and population of each jurisdiction, and the characteristics of each special-purpose area, etc. within the following limits: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Class-I exclusive residential areas: At least 50 percent, but not more than 100 percent;
2. Class-II exclusive residential areas: At least 100 percent, but not more than 150 percent;
3. Class-I general residential areas: At least 100 percent, but not more than 200 percent;
4. Class-II general residential areas: At least 150 percent, but not more than 250 percent;
5. Class-III general residential areas: At least 200 percent, but not more than 300 percent;
6. Quasi-residential areas: At least 200 percent, but not more than 500 percent;
7. Central commercial areas: At least 400 percent, but not more than 1,500 percent;
8. General commercial areas: At least 300 percent, but not more than 1,300 percent;
9. Neighboring commercial areas: At least 200 percent, but not more than 900 percent;
10. Distribution business areas: At least 200 percent, but not more than 1,100 percent;
11. Exclusive industrial areas: At least 150 percent, but not more than 300 percent;
12. General industrial areas: At least 200 percent, but not more than 350 percent;
13. Quasi-industrial areas: At least 200 percent, but not more than 400 percent;
14. Green conservation areas: At least 50 percent, but not more than 80 percent;
15. Green production areas: At least 50 percent, but not more than 100 percent;
16. Natural green areas: At least 50 percent, but not more than 100 percent;
17. Conservation and control areas: At least 50 percent, but not more than 80 percent;
18. Production control areas: At least 50 percent, but not more than 80 percent;
19. Planned management areas: At least 50 percent, but not more than 100 percent;
20. Agricultural and forestry areas: At least 50 percent, but not more than 80 percent;
21. Natural environment conservation areas: At least 50 percent, but not more than 80 percent.
(2) Where necessary for setting the floor area ratio for each special-purpose area by urban or Gun planning ordinance under paragraph (1), such floor area ratio may be set differently by sub-dividing the jurisdictional area of the relevant local government. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) Notwithstanding paragraph (1), floor area ratios may be relaxed for rental housing (referring to private rental housing prescribed in the Special Act on Private Rental Housing or public rental housing prescribed in the Special Act on Public Housing; hereinafter the same shall apply), dormitories, and facilities referred to in any of the subparagraphs of paragraph (10), as follows: <Amended by Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 26763, Dec. 28, 2015; Presidential Decree No. 28553, Dec. 29, 2017>
1. It is permitted to additionally construct rental housing units (limited to rental housing units that shall be leased mandatorily for at least eight years pursuant to the Special Act on Private Rental Housing or the Special Act on Public Housing) in the areas referred to in paragraph (1) 1 through 6 within 20 percent of the floor area ratios specified in paragraph (1), by urban or Gun planning ordinance;
2. Where any of the following entities constructs a dormitory (referring to a dormitory specified in subparagraph 2 (d) of attached Table 1 of the Enforcement Decree of the Building Act) on land, other than a site for a school defined in Article 2 of the Higher Education Act, for use by students of the relevant school, it is permitted to construct the dormitory up to the maximum floor area ratio for each special-purpose area specified in paragraph (1), by urban or Gun planning ordinance:
(a) The State or a local government;
(b) An educational foundation established under the Private School Act;
(c) The Korea Foundation for the Promotion of Private School established under the Korea Foundation for the Promotion of Private School Act;
(d) The Korea Student Aid Foundation established under the Act on the Establishment, etc. of Korea Student Aid Foundation;
(e) A corporation incorporated through investment either solely or jointly by any of the entities referred to in the items (a) through (d);
3. It is permitted to construct any facility referred to in the subparagraphs of paragraph (10) and constructed by the State or a local government up to the maximum floor area ratio for each special-purpose area specified in paragraph (1), as prescribed by urban or Gun planning ordinance.
(4) Paragraph (3) shall not apply in any case falling under any subparagraph of Article 46 (9). <Newly Inserted by Presidential Decree No. 19036, Sep. 8, 2005>
(5) Notwithstanding paragraph (1), the floor area ratios applicable to buildings equipped with disaster prevention facilities complying with disaster-mitigating measures for a disaster prevention district under the latter part of Article 37 (4) of the Act within each special-purpose area referred to in paragraph (1) 1 through 13, may be set by urban or Gun planning ordinance within 120 percent of the floor area ratio specified in paragraph (1) 1 through 13. <Newly Inserted by Presidential Decree No. 25090, Jan. 14, 2014>
(6) Pursuant to Article 78 (3) of the Act, no floor area ratios within the following areas shall exceed the ratios set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within the following limits: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 19130, Nov. 11, 2005; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. A development promotion district designated in an area, other than urban areas: Not more than 100 percent;
2. A fishery resource protection zone: Not more than 80 percent;
3. A natural park designated under the Natural Parks Act: Not more than 100 percent;
4. An agricultural and industrial complex defined in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act (limited to an agricultural and industrial complex designated in an area, other than an urban area): Not more than 150 percent.
(7) Pursuant to Article 78 (4) of the Act, floor area ratios applicable to any of the following buildings within a quasi-residential area, central commercial area, general commercial area, neighboring commercial area, exclusive industrial area, general industrial area, or quasi-industrial area, may be set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun within 120 percent of the floor area ratio specified in each subparagraph of paragraph (1), where no impediments exist to scenery, traffic, fire prevention, and sanitation: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. Buildings within sites having roads linked to a park, square (excluding a traffic square; hereafter the same shall apply in this Article), river, or other vacant lots prohibited from construction, as its front road, or buildings within sites linking at least 20 meters with a park, square, river, and other vacant lots prohibited from construction;
2. Buildings with a building area of at least 1,000 square meters, located within sites linking at least 20 meters with a road at least 25-meter wide.
(8) Where any person who intends to construct a building within any of the following areas or zones provides a parcel of the site for the building as a site for a public facility, pursuant to Article 78 (4) of the Act, the floor area ratio applicable to such building may be set by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun based on the rate of the site provided for the public facility, within 200 percent of the floor area ratio specified in each subparagraph of paragraph (1): <Amended by Presidential Decree No. 18044, Jun. 30, 2003; Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. A commercial area;
2. Deleted; <by Presidential Decree No. 18680, Jan. 15, 2005>
3. A re-arrangement zone to implement a housing redevelopment project, an urban environment improvement project, or a housing reconstruction project under the Act on the Improvement of Urban Areas and Residential Environments.
(9) "Buildings or establishments of the use prescribed by Presidential Decree, including warehouses" in Article 78 (5) of the Act, means warehouses. <Newly Inserted by Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 25090, Jan. 14, 2014>
(10) "Facility prescribed by Presidential Decree" in the former part of Article 78 (6) of the Act, means the following: <Newly Inserted by Presidential Decree No. 25432, Jun. 30, 2014>
1. A child-care center defined in subparagraph 3 of Article 2 of the Infant Care Act;
2. A welfare center for older persons referred to in Article 36 (1) of the Welfare of Older Persons Act;
3. Other social welfare facilities prescribed by urban or Gun planning ordinance by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun considering demand for social welfare facilities of the relevant area.
(11) Notwithstanding paragraph (1), where any person who intends to construct a building constructs a social welfare facility on part of the site for such building and donates the social welfare facility to the State or a local government pursuant to the former part of Article 78 (6) of the Act, he/she may be permitted to additionally construct a building by up to two times the total floor area of the donated social welfare facility, as set by urban or Gun planning ordinance: Provided, That no floor area ratio applicable to such cases shall exceed the following limits: <Newly Inserted by Presidential Decree No. 25432, Jun. 30, 2014>
1. 120 percent of the floor area ratio set by urban or Gun planning ordinance pursuant to paragraph (1);
2. Maximum floor area ratio for each special-purpose area specified in the subparagraphs of paragraph (1).
(12) The State or a local government shall not change the use of a social welfare facility donated thereto under the former part of Article 78 (6) of the Act to any facilities, other than facilities referred to in paragraph (10), sell or lease the part mainly used for such facilities, or transfer the ownership of such facility to any person, other than the State or a local government, except where it enlarges the surface area or scale of the relevant facility and subsequently changes the site where the facility is located (where such facility is donated to a local government, referring to the change of the site where the relevant facility is located within the jurisdiction of the local government). <Newly Inserted by Presidential Decree No. 25432, Jun. 30, 2014>
 Article 86 (Limitations, etc. on Activities in Non-Subdivided Area of Special-Purpose Area)
"Areas prescribed by Presidential Decree" in Article 79 (2) of the Act means an green conservation area.
 Article 87 (Urban or Gun Planning Projects Allowed to be Implemented within Urbanization-Coordination Zones)
"Projects prescribed by Presidential Decree" in Article 81 (1) of the Act means urban or Gun planning projects, for which it is inevitable to implement projects within an urbanization-coordination zone for the national defense and public interests, which are deemed by the Minister of Land, Infrastructure and Transport not to impede the achievement of the purposes of designating an urbanization-coordination zone upon a request from the head of the related central administrative agency. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 88 (Restrictions on Activities within Urbanization-Coordination Zones)
Activities that require permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun within an urbanization-coordination zone under Article 81 (2) of the Act, shall be as specified in attached Table 24. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 89 (Standards, etc. for Permitting Activities within Urbanization- Coordination Zones)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall not grant permission under Article 81 (2) of the Act, if achieving the purposes of designating an urbanization-coordination zone is hindered or rational utilization of the relevant land or its surrounding land is compromised. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) Standards for permitting felling, afforestation and silviculture in the forest located within an urbanization-coordination zone shall be governed by the Creation and Management of Forest Resources Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 19639, Aug. 4, 2006>
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall not refuse to grant permission under Article 81 (2) of the Act in relation to activities stipulated in attached Table 25, except in special circumstances. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may grant permission under Article 81 (2) of the Act on condition that necessary measures, such as a landscape gardening, are to be taken, if deemed necessary for achieving the purposes of designating an urbanization-coordination zone. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(5) To grant permission under Article 81 (2) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall hear the opinions from the implementer of the urban or Gun planning project implemented within the relevant urbanization-coordination zone about whether the relevant activities hinder the implementation of the urban or Gun planning project. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(6) Articles 55 and 56 shall apply mutatis mutandis to permission under Article 81 (2) of the Act.
(7) A person who intends to apply for permission under Article 81 (6) of the Act shall submit documents stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Articles 90 through 92 Deleted. <by Presidential Decree No. 20941, Jul. 28, 2008>
 Article 93 (Special Cases on Existing Buildings)
(1) Even when an existing building fails to comply with provisions governing limitations on construction, building-to-land ratios, or floor area ratios set under Articles 71 through 80, 82 through 84, 84-2, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act due to any of the following reasons, such existing building may be reconstructed (referring to reconstruction defined in Article 2 (1) 8 of the Building Act) or substantially repaired (referring to substantial repair defined in Article 2 (1) 9 of the Building Act, but this shall be limited to the extent that does not increase the building-to-land ratio and floor area ratio): <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 22128, Apr. 20, 2010: Presidential Decree No. 23009, Jul 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25661, Oct. 15, 2014>
1. Enactment or amendment of statutes or urban or Gun planning ordinance;
2. Determination or amendment of an urban or Gun management plan, or alteration of an administrative district;
3. Installation of an urban or Gun planning facility, implementation of an urban or Gun planning project, or opening of a road under the Road Act.
(2) Even when an existing building fails to comply with provisions governing limitations on construction or building-to-land ratios set under Articles 71 through 80, 82 through 84, 84-2, and 86 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act due to any of the reasons specified in paragraph (1), such existing building may be extended or reconstructed as classified follow, where part to be extended or reconstructed (referring to extension or reconstruction defined in Article 2 (1) 8; hereafter in this Article and Article 93-2, the same shall apply) complies with the provisions governing limitations on construction or floor area ratios set under Articles 71 through 80, 82, 83, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act, which falls under any of the following: <Newly Inserted by Presidential Decree No. 25661, Oct. 15, 2014>
1. Where the existing building exceeds the limits on the building-to-land ratio under Articles 84 and 84-2: Extension or reconstruction to the extent that does not increase the building-to-land ratio;
2. Where the existing building meets the limits on the building-to-land ratio under Articles 84 and 84-2: Extension or reconstruction to the extent not exceeding the limits on the building-to-land ratio set under Articles 84 and 84-2.
(3) Even when an existing building fails to comply with provisions governing limitations on construction, building-to-land ratios, or floor area ratios set under Articles 71 through 80, 82 through 84, 84-2, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act due to any of the reasons specified in paragraph (1), such existing building may be extended, if part to be extended on the additionally acquired site by extending the site, complies with the provisions governing limitations on construction, building-to-land ratios, or floor area ratios set under Articles 71 through 80, 82 through 84, 84-2, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act. In such cases, the limits on the building-to-land ratio and the floor area ratio of the building to be extended on the additionally acquired site shall only apply to the additionally acquired site. <Newly Inserted by Presidential Decree No. 25661, Oct. 15, 2014>
(4) Even when an existing factory or manufacturing establishment fails to comply with provisions governing limitations on construction, building-to-land ratios, or floor area ratios set under Articles 71 through 80, 82 through 84, 84-2, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act due to any of the reasons specified in paragraph (1), facilities, other than buildings, may be additionally established, as prescribed by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, if it discharges pollutants in the same level as, or lower than, the level discharged by the existing type of business. <Newly Inserted by Presidential Decree No. 25661, Oct. 15, 2014>
(5) Even when an existing building fails to comply with provisions governing limitations on construction, building-to-land ratios, or floor area ratios set under Articles 71 through 80, 82 through 84, 84-2, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act due to any of the reasons specified in paragraph (1), such existing building may be continuously used for the existing purpose, if the existing purpose of such building is verified (including where it is verified that such building is not used for any purpose, other than its existing purpose, after the business for the existing purpose has been closed), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (referring to Ordinance of the Ministry of Oceans and Fisheries in cases of fishery resources protection areas), and the type of business for which such building is used, is not changed. In such cases, where an existing building is a factory or manufacturing establishment that increases air pollutant emissions or wastewater discharges within the limits of air pollutant emissions by each type of business referred to in attached Table 1 to the Enforcement Decree of the Clean Air Conservation Act or wastewater discharges by each type of business referred to in attached Table 13 to the Enforcement Decree of the Water Environment Conservation Act, the existing building shall be deemed used for the existing purpose. <Amended by Presidential Decree No. 26381, Jul. 6, 2015; Presidential Decree No. 28583, Jan. 16, 2018>
(6) Notwithstanding the former part of paragraph (5), where an existing building is a factory or manufacturing establishment, the type of business of the existing building may be changed without changing its existing purpose, as prescribed by urban or Gun planning ordinance, unless air pollutant emissions or wastewater discharges are increased. <Newly Inserted by Presidential Decree No. 26381, Jul. 6, 2015>
(7) Even when an existing building fails to comply with provisions governing limitations on construction, building-to-land ratios, or floor area ratios set under Articles 71 through 80, 82 through 84, 84-2, and 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act due to any of the reasons specified in paragraph (1), its purpose may be changed to any purpose permitted (referring to purposes, excluding limits on the building-to-land ratio, floor area ratio, height, and area) in a special-purpose area, special-purpose district, or special-purpose zone where such existing building is situated. <Newly Inserted by Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 22128, Apr. 20, 2010; Presidential Decree No. 25661, Oct. 15, 2014>
 Article 93-2 (Special Cases on Existing Factories)
Notwithstanding Article 93 (2) and (3), an existing factory in a green area or control area (limited to factories completed as at the time the area is designated as such special-purpose area) may be extended or altered as classified follow in any of the following circumstances: Provided, That the foregoing shall only apply to applications for permission for extension or alteration to be filed by December 31, 2018: <Amended by Presidential Decree No. 26721, Dec. 15, 2015; Presidential Decree No. 27299, Jun. 30, 2016>
1. Where the existing factory is extended or altered on the existing site: The building-to-land ratio permitted for such factory as at the time the first building permit was granted, within 40 percent;
2. Where the existing building is extended by expanding the site in any of the following circumstances: The building-to-land ratio within 40 percent. In such cases, the standards for building-to-land ratios shall only apply to the additionally acquired site in cases falling under item (a), and the standards for building-to-land ratios shall apply by annexing the existing site and the additionally acquired site in cases falling under item (b):
(a) Where the existing building is extended on the additionally acquired site and all of the following requirements are satisfied:
(i) The area of the additionally acquired site shall not exceed 3,000 square meters and shall be within 50 percent of the area of the existing site;
(ii) The extension of the building shall comply with Articles 71 through 80, 82, 83, 85 through 89 hereof, and Article 40 (1) of the Enforcement Decree of the Fishery Resources Management Act which stipulate building restrictions and the floor area ratios;
(iii) The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun shall acknowledge that a sufficient site necessary for building infrastructure has been secured and the environmental pollution of the surrounding areas is unlikely to occur following deliberation by the relevant local urban planning committee;
(b) Where the existing building is extended by annexing the existing site and the additionally acquired site, and all of the following requirements are satisfied:
(i) The extension of the building shall satisfy all of the requirements provided in item (a) (i) through (iii);
(ii) The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun deems it inevitable to extend the building by annexing the site at the time of completion of construction and the additionally acquired site to obtain any of the following certifications, etc. following deliberation by the relevant local urban planning committee:
a. Certification of food hazard analysis and critical control points under Article 48 of the Food Sanitation Act;
b. Certification of the observance of the standards for hazard analysis and critical control points under Article 70 of the Agricultural and Fishery Products Quality Control Act;
c. Certification of hazard analysis and critical control points under Article 9 of the Livestock Products Sanitary Control Act;
(iii) The existing site and the additionally acquired site shall be annexed: Provided, That such sites need not be annexed in cases falling under Article 3 (1) 2 (a) of the Enforcement Decree of the Building Act.
[This Article Newly Inserted by Presidential Decree No. 25661, Oct. 15, 2014]
 Article 94 (Standards for Application to Land Extending over at least Two Special-Purpose Areas, Special-Purpose Districts, or Special-Purpose Zones)
“Size prescribed by Presidential Decree” in the main sentence of Article 84 (1) of the Act and the main sentence of paragraph (3) of the same Article, means 330 square meters: Provided, That it means 660 square meters in cases of a parcel of land extending over a belt-shaped commercial area designated along the roadside. <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28553, Dec. 29, 2017>
CHAPTER VII IMPLEMENTATION OF URBAN OR GUN PLANNING FACILITY PROJECT
 Article 95 (Formulation of Phased-Implementation Plans)
(1) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall consult with the heads of relevant administrative agencies in advance and hear the opinion of the relevant local council to formulate a phased-implementation plan pursuant to Article 85 (1) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28324, Sep. 19, 2017>
(2) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall examine a second-phase implementation plan under Article 85 (3) of the Act each year, and may include urban or Gun planning facilities, for which an urban or Gun planning facility project is to be implemented within three years, in the first-phase implementation plan. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) Public announcement of a phased-implementation plan under Article 85 (4) of the Act shall be made by publishing it in the official report of the relevant local government and, if necessary, it may be also published in newspapers and daily newspapers circulated nationwide or mainly in the relevant local government. <Amended by Presidential Decree No. 23009, Jul 1, 2011>
(4) "Where minor matters prescribed by Presidential Decree are altered" in the proviso to Article 85 (5) of the Act, means where a phased-implementation plan is amended following an amendment of the relevant urban or Gun management plan under any subparagraph of Article 25 (3) and (4). <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 96 (Designation of Implementers)
(1) Any person intending to be designated as an implementer of an urban or Gun planning facility project under Article 86 (5) of the Act shall file a written application indicating the following matters, with the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. Type and title of a project;
2. Name and domicile of a project implementer (in cases of a corporation, its title and location, and the name and address of its representative);
3. Location, parcel number, land category and size of the land or building, specification of the ownership and rights, other than the ownership, and the name and domicile of the same owner or right holder;
4. Scheduled date for undertaking a project and that of a work completion;
5. Plans for raising funds.
(2) "Requirements prescribed by Presidential Decree" in the part, other than the subparagraphs of Article 86 (7) of the Act, means that the size of land owned by an implementer shall be at least two thirds of land subject to an urban planning facility project (excluding State-owned or public-owned land; hereafter the same shall apply in this paragraph), and that at least half of the total number of landowners shall agree thereto. <Amended by Presidential Decree No. 20535, Jan. 8, 2008; Presidential Decree No. 21669, Aug. 5, 2009>
(3) "Public institutions prescribed by Presidential Decree" in Article 86 (7) 2 of the Act means the following institutions: <Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 23535, Jan. 25, 2012>
1. The Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act;
2. The Korea Coal Corporation under the Korea Coal Corporation Act;
3. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;
4. The Korea National Tourism Organization under the Korea National Tourism Organization Act;
5. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act;
6. The Korea Expressway Corporation under the Korea Expressway Corporation Act;
7. The Korea National Oil Corporation under the Korea National Oil Corporation Act;
8. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
9. The Korea Electric Power Corporation under the Korea Electric Power Corporation Act;
10. The Korea Railroad Corporation under the Korea Railroad Corporation Act;
11. Deleted. <by Presidential Decree No. 21744, Sep. 21, 2009>
(4) "Persons prescribed by Presidential Decree" in Article 86 (7) 3 of the Act means the following: <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21641, Jul, 27, 2009; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
1. Local corporations and local industrial complexes under the Local Public Enterprises Act;
2. Person designated as an implementer of a project which includes an urban or Gun planning facility project under other Acts;
3. Person intending to install public facilities to be gratuitously reverted to the management office to manage the public facilities under Article 65 of the Act;
4. Person intending to install facilities subject to donation under Article 13 of the State Property Act or Article 7 of the Public Property and Commodity Management Act.
(5) Where the relevant urban or Gun planning facility projects are subject to a license, permission, authorization, etc. under other statutes, a copy of documents attesting that a license, permission, authorization, etc. concerning the implementation of the same projects is granted, shall be appended to the written application under paragraph (1): Provided, That where the designation of an implementer of an urban or Gun planning facility project has been made in other statutes under the conditions for the license, permission, authorization, etc., the same copy may be substituted with a written opinion of the head of the related administrative agency. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
 Article 97 (Authorization for Implementation Plans)
(1) An implementation plan formulated under Article 88 (1) of the Act (hereinafter referred to as "implementation plan") shall include the following matters:
1. Type and title of the project;
2. Size or scale of the project;
3. Name and domicile of the project implementer (in cases of a corporation, the title and location for the same corporation, and the name and domicile of its representative);
4. Scheduled date for commencing and completing the project.
(2) Where an implementer of an urban or Gun planning facility project intends to obtain authorization for its implementation plan pursuant to the main sentence of Article 88 (2) of the Act, the implementer designated by the Minister of Land, Infrastructure and Transport shall obtain authorization from the same Minister, and other implementers shall obtain authorization from a Mayor/Do Governor or the Mayor of a large city. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
(3) A person designated as an implementer of an urban or Gun planning facility project shall submit a written application for authorization of the implementation plan in the form stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport by the deadline set as at the time of designation of an implementer, to the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city, except in special circumstances. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(4) A person designated as an implementer of an urban or Gun planning facility project under Article 86 (5) of the Act shall first hear the opinions of the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun to formulate an implementation plan. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(5) When an urban or Gun planning facility project is implemented by dividing it under Article 87 of the Act, its implementation plan may be formulated by each area divided. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(6) "Other matters prescribed by Presidential Decree" in Article 88 (5) of the Act, means the following matters: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012>
1. A map of the location for project implementation, and a planned floor plan;
2. Construction design drawings and specifications (in cases of a project for which consultation on construction is to be held under Article 29 of the Building Act, the outline design documents);
3. Location, parcel number, land category and size of the land or building to be expropriated or used, and a specification of ownership and rights, other than ownership, and names and addresses of owners and right-holders;
4. Protocols and drawings of public facilities newly installed by an implementation of urban or Gun planning facility projects or existing public facilities (limited to cases where an administrative agency is a project implementer);
5. Written appraisals issued by at least two appraisers for public facilities, which are disused by an implementation of urban or Gun planning facility projects (limited to cases where a non-administrative person is an implementer): Provided, That cases where a person with authority to grant authorization for an implementation plan of the relevant urban or Gun planning facilities project under paragraph (2) deems that there are no comparable benefits because it is clear that the costs incurred in installing new public facilities are significantly higher than the appraised value of the existing public facilities or where he/she adds a condition to submit written appraisals during the period for implementing the project shall be excluded herefrom;
6. Documents and drawings of public facilities newly installed by an implementation of urban or Gun planning facility projects and the account statement of installation costs (limited to cases where a non-administrative person is an implementer). In such cases, if the land required for installing a new public facility and that on which existing public facilities have been installed are the same, only the installation costs less the price for the same land shall be calculated;
7. Documents necessary for holding consultations with the heads of related administrative agencies under Article 92 (3) of the Act;
8. Outcomes of hearing the opinions of the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun under paragraph (4).
 Article 98 (Performance Security for Urban or Gun Planning Facility Projects)
(1) "Cases prescribed by Presidential Decree" in the part other than each subparagraph of Article 89 (1) of the Act, means the following cases: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where an installation of infrastructure, such as roads, water supply facilities, sewage system, etc., is required due to an urban or Gun planning facility project;
2. Where falling under any of Article 59 (1) 2 through 5 due to an urban or Gun planning facility project.
(2) "Public institutions prescribed by Presidential Decree" in Article 89 (1) 2 of the Act means institutions falling under Article 5 (3) 1 or 2 (b) of the Act on the Management of Public Institutions. <Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009>
(3) "Other persons prescribed by Presidential Decree" in Article 89 (1) 3 of the Act means a local corporation and local industrial complex under the Local Public Enterprises Act. <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 21669, Aug. 5, 2009>
(4) Article 59 (2) through (4) shall apply mutatis mutandis to the computation of deposit amounts, the deposit methods, etc. under Article 89 (2) of the Act. <Amended by Presidential Decree No. 21669, Aug. 5, 2009>
 Article 99 (Perusal, etc. of Documents)
(1) Public announcements under Article 90 (1) of the Act shall be made by publishing each of the following matters in the official gazette or daily newspapers having the nationwide distribution areas in cases by the Minister of Land, Infrastructure and Transport; and in the official report of the relevant City/Do or large city, or daily newspapers having areas of the relevant City/Do or large city as their principal distribution areas in cases by a Mayor/Do Governor or the Mayor of a large city: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
1. Purport of an application for authorization;
2. Date and venue of perusal.
(2) In cases of alteration in any of the following minor matters, public announcement and perusal under paragraph (1) may be omitted: <Amended by Presidential Decree No. 23009, Jul 1, 2011>
1. Alterations in the details of projects within the scope not accompanying any alteration in the place of project implementation;
2. Alteration in the scheduled date for undertaking a project and that for completion of work: Provided, That cases where the scheduled date for completion of work is extended before the completion of acquisition of the land, etc. (excluding public facilities) necessary for the implementation of a project shall be excluded herefrom;
3. Alteration in the address of an implementer (if an implementer is a corporation, referring to the location of the corporation and the name and address of the representative).
(3) Expenses incurred in relation to public announcement under paragraph (1) shall be borne by the implementer of an urban or Gun planning facility project. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 100 (Public Announcement of Implementation Plans)
(1) Public announcement of an implementation plan under Article 91 of the Act shall be made by publishing each of the following matters in the official gazette in cases by the Minister of Land, Infrastructure and Transport, and in the official report of the relevant City/Do or large city in cases by a Mayor/Do Governor or the Mayor of a large city: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
1. Location for the place of project implementation;
2. Type and title of a project;
3. Size or scale;
4. Name and domicile of an implementer (in cases of a corporation, the title and address of the same corporation, and the name and domicile of its representative);
5. Scheduled date for undertaking a project and that for completion of work;
6. Location, parcel number, land category and size of the land and building to be expropriated or used, and a specification of ownership and rights, other than ownership, and names and addresses of such owners and right-holders;
7. Matters for the reversion and transfer of public facilities, etc. under Article 99 of the Act.
(2) When the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city has publicly announced an implementation plan under paragraph (1), he/she shall notify the head of the related administrative agency of the details thereof. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 101 (Service by Public Notice)
When a non-administrative implementer of an urban or Gun planning facility project intends to render a service by public notice under Article 94 (1) of the Act, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport, the competent Mayor/Do Governor or the Mayor of the competent large city. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 102 (Public Announcement, etc. of Work Completion)
(1) Where an inspection on work completion, authorization for work completion, etc. under other statutes have been obtained for an urban or Gun planning facility project, a work completion inspection under Article 98 (2) of the Act may be omitted for the same portion. In such cases, a Mayor/Do Governor or the Mayor of a large city may request the head of an agency which has performed the work completion inspection, work completion authorization, etc. under other statutes to notify him/her of the details of the same work completion inspection, work completion authorization, etc. <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
(2) Public announcement of the work completion under Article 98 (3) and (4) of the Act shall be made by publishing in the official gazette in cases by the Minister of Land, Infrastructure and Transport, and in the official report of the relevant City/Do or large city in cases by a Mayor/Do Governor or the Mayor of a large city. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 103 (Disposal of Created Sites, etc.)
When the State or a local government intends to dispose of assets belonging to its possession, among sites and structures created by an urban or Gun planning facility project under Article 100 of the Act, it shall give public notice of the following matters in the official gazette in cases by the State, and in the official report of the relevant local government in cases by a local government: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Purport that the disposal is made by a preferential order under each subparagraph of Article 100 of the Act;
2. Location and size of the site or structure intended for a disposal.
CHAPTER VIII COSTS
 Article 104 (Cost Bearing by Local Governments)
(1) Total sum of costs to be borne under Article 102 (1) of the Act shall not exceed 50 percent of costs incurred in implementing the relevant urban or Gun planning facility project. In such cases, such costs incurred in implementing an urban or Gun planning facility project shall not include the expenses incurred in relation to survey, measurement, design and management for the relevant urban or Gun planning facility project. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) When the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor intends to impose the costs under Article 102 (1) of the Act on a City/Do or a Si/Gun benefited from an urban or Gun planning facility project, he/she shall forward notice stating the specification of total sum of costs incurred in implementing an urban or Gun planning facility project and the amount to be borne to the relevant Mayor/Do Governor or the head of the relevant Si/Gun. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to cases where the head of a Si/Gun intends to impose some of the costs incurred in implementing an urban or Gun planning facility project on another local government, pursuant to Article 102 (3) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 105 Deleted. <by Presidential Decree No. 28553, Dec. 29, 2017>
 Article 106 (Subsidies or Loans)
(1) Costs incurred in conducting a basic investigation and preparing topographic drawings under Article 104 (1) of the Act may be subsidized by the State budget within not more than 80 percent of such costs.
(2) Any urban or Gun planning facility project implemented by an administrative agency under Article 104 (2) of the Act may be subsidized or loaned by the State budget within not more than 50 percent of the costs incurred in implementing the relevant urban or Gun planning facility project (referring to the compensation which includes the engineering costs excluding the expenses incurred in relation to survey, measurement, design and management, and the appraisal costs; hereafter the same shall apply in this paragraph), and any urban or Gun planning facility project implemented by a person who is not an administrative agency may be subsidized or loaned by the State or local government within not more than one third of the costs incurred in implementing the relevant urban or Gun planning facility project. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 107 (Supports to Settlement District)
Projects which may be implemented or supported under Article 105 of the Act by the State or local government for the convenience of living and welfare promotion, etc. of the residents within a settlement district, shall be as follows:
1. Collective settlement district: It shall be governed by the Act on Special Measures for Designation and Management of Development Restriction Zones and the relevant statutes;
2. Natural settlement district:
(a) Consolidation of roads, water supply facilities, sewage system, etc. either located within a natural settlement district or connected with a natural settlement district;
(b) Installation or consolidation of children's playgrounds, parks, green areas, parking lots, schools, village halls, etc.;
(c) Installation or improvement of waste treatment facilities, sewage treatment facilities, etc.;
(d) Installation or improvement of facilities for preventing disasters, such as riparian consolidation;
(e) New construction or improvement of houses.
CHAPTER IX URBAN PLANNING COMMITTEES
 Article 108 (Operation of Central Urban Planning Committee)
(1) When deemed necessary, the Central Urban Planning Committee may request the heads of related administrative agencies to furnish necessary data, and hear the explanations from persons with profound academic knowledge in urban or Gun planning. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) The head of the relevant central administrative agency, the Mayor/Do Governor or the head of a Si/Gun may attend the Central Urban Planning Committee, and voice his/her opinions on matters pertaining to urban or Gun planning of the relevant central administrative agency or local government. <Amended by Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012>
(3) An executive secretary of the Central Urban Planning Committee shall prepare minutes each time a meeting is held, report them to the next meeting, and keep them in custody.
 Article 109 (Subcommittees of Central Urban Planning Committee)
(1) Subcommittees to be established under the Central Urban Planning Committee under Article 110 of the Act and their competent duties shall be as follows: <Amended by Presidential Decree No. 18240, Jan. 20, 2004>
1. First subcommittee:
(a) Designation of zones, etc. relating to land utilization plans under Article 8 (2) of the Act;
(b) Deliberation on matters concerning modified plans for a special-purpose area, etc. under Article 9 of the Act;
(c) Deliberation on matters concerning development activities under Article 59 of the Act;
2. Second subcommittee: Deliberation on matters delegated by the Central Urban Planning Committee;
3. Deleted. <by Presidential Decree No. 18260, Jan. 20, 2004>
(2) Each subcommittee shall consist of not less than five, but not more than 17 members, including one chairperson. <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 19036, Sep. 8, 2005>
(3) Members of each subcommittee shall be elected by the Central Urban Planning Committee from among its members, and members of the Central Urban Planning Committee may become the members of two or more subcommittees.
(4) The chairperson of each subcommittee shall be elected from among members of the subcommittee.
(5) The chairperson of the Central Urban Planning Committee may coordinate some of the duties allotted to subcommittees, if necessary for efficient examination, notwithstanding paragraph (1). <Newly Inserted by Presidential Decree No. 20535, Jan. 8, 2008>
 Article 110 (Affairs of Local Urban Planning Committees)
(1) A City/Do urban planning committee may perform the following affairs pursuant to Article 113 (1) 4 of the Act: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Counsel to the Mayor/Do Governor on the enactment and amendment of urban or Gun planning ordinance of the relevant Si/Gun;
2. Deliberation on permission for development activities under Article 55 (3) 3-2.
(2) A Si/Gun/Gu urban planning committee may perform the following affairs pursuant to Article 113 (2) 4 of the Act: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. Counsel to the head of a Si/Gun/Gu on the enactment and amendment of urban or Gun planning ordinance of the relevant Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply);
2. Deliberation on permission for development activities under Article 55 (3) 3-2 (limited to an urban planning committee established in a large city);
3. Counsel to the head of a Si/Gun (including the head of a Gun/Gu where the authority of the Special Metropolitan City Mayor or a Metropolitan City Mayor to grant permission for development activities is delegated to the head of a Gun/Gu by municipal ordinance pursuant to Article 139 (2) of the Act) on permission for development activities;
4. Counsel to the head of a Si/Gun/Gu on the establishment of a plan for a model city project pursuant to Article 128 (1).
[This Article Wholly Amended by Presidential Decree No. 22142, Apr. 29, 2010]
 Article 111 (Members and Operation of City/Do Urban Planning Committees)
(1) Each City/Do urban planning committee shall consist of at least 25, but not more than 30 members, including one chairperson and one vice chairperson, respectively. <Amended by Presidential Decree No. 21625, Jul. 7, 2009>
(2) The chairperson of a City/Do urban planning committee shall be appointed or entrusted by the relevant Mayor/Do Governor from among its members, and the vice chairperson shall be elected from among its members. <Amended by Presidential Decree No. 20535, Jan. 8, 2008>
(3) Members of a City/Do urban planning committee shall be appointed or commissioned by the relevant Mayor/Do Governor from among any of the following persons. In such cases, the number of members falling under subparagraph 3 shall be at least two thirds of all members, and in cases of a City/Do that should take the cancellation of an agricultural promotion area or the cancellation of designation of a preserved mountainous district into deliberation by the City/Do urban planning committee pursuant to Article 8 (7) of the Act because it needs to change an urban or Gun management plan, public officials in the field of agriculture and forestry, and experts in the field of agriculture and forestry shall be at least two persons, respectively: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25090, Jan. 14, 2014>
1. Members of the council of the relevant City/Do;
2. Public officials of the relevant City/Do and of an administrative agency relating to urban or Gun planning;
3. Persons with academic knowledge and experience in the field relating to an urban or Gun plan, such as land utilization, construction, housing, traffic, environment, prevention of disasters, culture, agriculture and forestry, information and communications, etc.
(4) The term of office for a member falling under paragraph (3) 3 shall be two years but they may be reappointed or recommissioned: Provided, That the term of office for the supplementary member shall be the remainder of that for his/her predecessor.
(5) The chairperson of a City/Do urban planning committee shall exercise overall control of the functions of the committee, and convene its meetings, and preside over them.
(6) A meeting of a City/Do urban planning committee shall be held with the attendance of a majority of all incumbent members (a majority of the members present shall be those falling under paragraph (3) 3), and resolutions shall require the consent of a majority of those present. <Amended by Presidential Decree No. 21625, Jul. 7, 2009>
(7) A City/Do urban planning committee may have one executive secretary and a few assistant secretaries, and the executive secretary and assistant secretaries shall be appointed by the chairperson.
(8) The executive secretary of a City/Do urban planning committee shall deal with administrative affairs upon orders from the chairperson, and the assistant secretaries of such committee shall assist the executive secretary.
 Article 112 (Organization and Operation of Si/Gun/Gu Urban Planning Committees)
(1) Each Si/Gun/Gu urban planning committee shall consist of not less than 15, but not more than 25 members, including one chairperson and one vice chairperson, respectively: Provided, That where a Si/Gun/Gu urban planning committee is jointly established in two or more Sis/Guns/Gus, the number of its members may be up to 30 persons.
(2) The chairperson of a Si/Gun/Gu urban planning committee shall be appointed or entrusted by the head of the relevant Si/Gun/Gu from among its members, and the vice chairperson shall be elected from among its members: Provided, That the chairperson of a Si/Gun/Gu urban planning committee to be jointly established in two or more Sis/Guns/Gus shall be determined by consultations among the heads of relevant Sis/Guns/Gus. <Amended by Presidential Decree No. 18680, Jan. 15, 2005; Presidential Decree No. 20535, Jan. 8, 2008>
(3) Members of a Si/Gun/Gu urban planning committee shall be appointed or commissioned by the head of a Si/Gun/Gu from among the following persons. In such cases, the number of members falling under subparagraph 3 shall be not less than 50 percent of the total number of members: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Members of the council of the relevant Si/Gun/Gu;
2. Public officials of the relevant Si/Gun/Gu and of an administrative agency relating to urban or Gun planning;
3. Persons with academic knowledge and experience in the field relating to urban or Gun planning, such as land utilization, construction, housing, traffic, environment, prevention of disasters, culture, agriculture and forestry, information and communications, etc.
(4) Article 111 (4) through (8) shall apply mutatis mutandis to Si/Gun/Gu urban planning committees.
(5) Notwithstanding paragraphs (1) and (3), a Si/Gun/Gu urban planning committee which is an urban planning committee established in a large city shall consist of not less than 20, but not more than 25 members, including one chairperson and one vice chairperson, respectively, and the number of members falling under paragraph (3) 3 shall be at least two thirds of the total number of the members. <Newly Inserted by Presidential Decree No. 21625, Jul. 7, 2009>
 Article 113 (Subcommittees of Local Urban Planning Committees)
"Matters prescribed by Presidential Decree" in Article 113 (3) of the Act means the following matters:
1. Matters concerning plans for modifying a special-purpose area, etc. under Article 9 of the Act;
2. Matters concerning determination or alteration of a district unit planning zone and district unit planning zone under Article 50 of the Act;
3. Matters concerning deliberation on development activities under Article 59 of the Act;
4. Matters concerning a raising of objection under Article 120 of the Act;
5. Matters referred by a local urban planning committee.
 Article 113-2 (Reasons for Exclusion, etc. of Local Urban Planning Committee Members)
(1) "Cases prescribed by Presidential Decree" in Article 113-3 (1) 4 of the Act means the following cases: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where any member provides services on an issue which he/she reviewed or on which he/she provided consulting, or is directly involved in such issue by other means;
2. Where a member becomes a direct privy in an issue which he/she reviewed or on which he/she provided consulting.
(2) through (4) Deleted. <by Presidential Decree No. 21669, Aug. 5, 2009>
[This Article Newly Inserted by Presidential Decree No. 19400, Mar. 23, 2006]
 Article 113-3 (Disclosure of Meeting Minutes)
(1) "Period prescribed by Presidential Decree" in the main sentence of Article 113-2 of the Act means six months upon completion of deliberation in cases of the Central Urban Planning Committee, and a period set by urban or Gun planning ordinance of the relevant local government by up to six months, in cases of a local urban planning committee. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) The disclosure of meeting minutes pursuant to the main sentence of Article 113-2 of the Act shall be made by public perusal.
(3) "Personal identity information, including names, resident registration numbers, etc. which is prescribed by Presidential Decree" in the proviso to Article 113-2 of the Act means information, such as a name, resident registration number, position, address, etc. with which a specific person can be identified.
[This Article Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009]
 Article 114 (Detailed Rules of Operation)
The following matters necessary for the operation of the Central Urban Planning Committee and its subcommittees shall be determined by the Minister of Land, Infrastructure and Transport and the following matter necessary for the operation of local urban planning committees and their subcommittees shall be determined by urban or Gun planning ordinance of the relevant local government: <Amended by Presidential Decree No. 20722, Feb. 29, 2008: Presidential Decree No. 22703, Mar. 9, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24593, Jun. 11, 2013>
1. Criteria for qualification, appointment, commission and dismissal of members;
2. Matters on the operation of meetings, such as methods of holding a meeting, and quorum;
3. Matters on the subject matter of the deliberation and counselling for the committee and its subcommittees and the classification of their affairs;
4. Matters on exclusion and evasion of and challenge to members;
5. Matters on the period for handling an agenda and placing restrictions on repeated deliberation;
6. Matters on hearing opinions of interested persons, specialists, etc.;
7. Matters on the organization and operation of a permanent urban or Gun planning group under Article 116 of the Act.
 Article 115 (Allowances and Travel Expenses)
Allowances may be paid and travel expenses may be reimbursed under Article 115 of the Act to the members and expert members of the Central Urban Planning Committee within budgetary limits, as stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
CHAPTER X PERMISSION, ETC. FOR LAND TRANSACTION
 Articles 116 through 125 Deleted. <by Presidential Decree No. 27793, Jan. 17, 2017>
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 126 (Designation of Model Cities)
(1) "Other fields prescribed by Presidential Decree" in Article 127 (1) of the Act means the fields of education, safety, traffic, economic revitalization, urban consolidation and climate change. <Amended by Presidential Decree No. 21625, Jul. 7, 2009>
(2) Each model city shall comply with each of the following standards: <Amended by Presidential Decree No. 21625, Jul. 7, 2009>
1. Designation of a model city shall be able to contribute to improvement in the competitiveness and specialized development of cites, and the balanced development of regions;
2. Designation of a model city shall highly appeal to residents;
3. Residents shall be able to take part in the projects required for achieving the purpose of designating a model city (hereinafter referred to as "model city project");
4. Plans for raising financial resources for a model city project shall be proper and feasible.
(3) The Minister of Land, Infrastructure and Transport may set the detailed standards for designating a model city by field under Article 127 (1) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) When the head of the related central administrative agency or a Mayor/Do Governor intends to request the Minister of Land, Infrastructure and Transport to designate a model city under Article 127 (1) of the Act, he/she shall hear opinions from the head of the related local government, after hearing opinions from residents through the questionnaire and public perusal, etc. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(5) When a Mayor/Do Governor intends to request the Minister of Land, Infrastructure and Transport to designate a model city under Article 127 (1) of the Act, he/she shall first obtain advice from the relevant City/Do urban planning committee. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(6) When the head of the related central administrative agency or a Mayor/Do Governor intends to request for a designation of a model city under Article 127 (1) of the Act, he/she shall submit the following documents to the Minister of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Document explaining the conformity with the standards for designation referred to in paragraphs (2) and (3);
2. Details of the budget and manpower, etc. which may be provided to a model city directly by the head of the related central administrative agency or a Mayor/Do Governor requesting designation;
3. Outcomes from hearing the opinions of residents under paragraph (4), and the opinions of the head of the related local government;
4. Outcomes from advices given by the City/Do urban planning committee under paragraph (5).
(7) When the Minister of Land, Infrastructure and Transport intends to designate a model city, he/she shall undergo deliberation thereon by the Central Urban Planning Committee. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
(8) When the Minister of Land, Infrastructure and Transport has designated a model city, he/she shall publish the purpose of designation, areas designated, cities subject to designation, etc. in the official gazette, and notify the heads of related administrative agencies thereof. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 127 (Public Invitation for Model Cities)
(1) When deemed necessary to directly designate a model city under Article 127 (1) of the Act, the Minister of Land, Infrastructure and Transport may publicly invite the candidate cities for such designation, as stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Persons eligible to apply for public invitation under paragraph (1) shall be the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(3) When deemed necessary to smoothly perform the affairs relating to the public invitation, evaluation, etc. of a model city, the Minister of Land, Infrastructure and Transport may either seek advice from a specialized institution, or entrust it to conduct a survey or research. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 128 (Formulation and Implementation of Plans for Model City Projects)
(1) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over a model city shall formulate and implement a plan for implementing a model city project (hereinafter referred to as "plan for a model city project") classified as follows: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where a model city is confined to the jurisdiction of a Si/Gun/Gu: The head of the competent Si/Gun/Gu shall formulate and implement the plan;
2. Other cases: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor shall formulate and implement the plan.
(2) Every plan for a model city project shall include the following: <Amended by Presidential Decree No. 21625, Jul. 7, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
1. Matters for the objectives, strategy and specialized development plan of a model city project, and for a system of promotion;
2. Matters for the adjustment and consolidation of related plans, such as urban or Gun planning, required for implementing a model city project;
3. Matters for urban or Gun planning projects required for implementing a model city project;
4. Matters for raising financial resources required for implementing a model city project;
4-2. Matters concerning a system for cooperation with communities, such as residents' participation;
5. Other matters necessary to smoothly implement a model city project.
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall first hear the opinions of residents through the questionnaire and public perusal, etc. to formulate a plan for a model city project under paragraph (1). <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hold prior consultation with the Minister of Land, Infrastructure and Transport (referring to an agency which has requested a designation, in cases of a model city designated upon a request from the head of the related central administrative agency or a Mayor/Do Governor) to formulate a plan for a model city project. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(5) After formulating a plan for a model city project pursuant to paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall publicly notify the details of the plan in the official report of the relevant local government, and forward a copy of the plan to the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(6) Paragraphs (3) through (5) shall apply mutatis mutandis to amending a plan for a model city project.
 Article 129 (Standards for Supporting Model City)
(1) The Minister of Land, Infrastructure and Transport or the head of the related central administrative agency may render a subsidy or loan to a model city within the following limits pursuant to Article 127 (2) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
1. Not more than 80 percent of expenses incurred in formulating a plan for a model city project;
2. Not more than 50 percent of costs incurred in implementing a model city project (excluding the compensation).
(2) A Mayor/Do Governor may render a subsidy or loan to a model city within the limits stipulated in each subparagraph of paragraph (1) pursuant to Article 127 (2) of the Act. <Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009>
(3) When the head of the related central administrative agency or a Mayor/Do Governor has supported the budget, human resources, etc. for a model city under Article 127 (2) of the Act, he/she shall notify the Minister of Land, Infrastructure and Transport of the details of such support. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
(4) The head of a Si/Gun/Gu may determine the following matters by urban or Gun planning ordinance, where necessary for an implementation of a model city project: <Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
1. Matters concerning the execution of a budget for a model city project;
2. Matters concerning residents' participation.
 Article 130 (Assessment and Adjustment of Model City Projects)
(1) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over a model city shall submit the outcomes of implementing a plan for a model city project in the relevant year to the Minister of Land, Infrastructure and Transport, and the head of the related central administrative agency or the Mayor/Do Governor requesting a designation of the relevant model city, by the end of each year. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport, the head of the related central administrative agency, or the Mayor/Do Governor may require a plan for a model city project to be adjusted or take such measures as reducing or increasing support, if deemed necessary based on the findings of analyzing the outcomes submitted under paragraph (1). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Articles 131 and 132 Deleted. <by Presidential Decree No. 19503, Jun. 7, 2006>
 Article 133 (Delegation and Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40 of the Act; hereafter the same shall apply in this Article) shall delegate his/her authority on the following matters to Mayors/Do Governors, pursuant to Article 139 (1) of the Act: <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25090, Jan. 14, 2014>
1. Deleted; <by Presidential Decree No. 25090, Jan. 14, 2014>
2. Deleted; <by Presidential Decree No. 21669, Aug. 5, 2009>
3. Decision on an urban or Gun management plan, which concerns a designation and alteration of zones falling short of 1㎢ among urban or Gun management plans falling under Article 29 (2) 4 of the Act;
4. Deleted. <by Presidential Decree No. 25090, Jan. 14, 2014>
(2) Deleted. <by Presidential Decree No. 19503, Jun. 7, 2006>
(3) When a Mayor/Do Governor has performed duties delegated under paragraph (1), he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport (referring to Ordinance of the Ministry of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40 of the Act). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 133-2 (Re-Examination of Regulations)
(1) The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years (referring to the period that ends on the day before January 1 of every third year) from January 1, 2017 and shall take measures, such as making improvements:
1. Expenses incurred in installing utility tunnels under Article 38;
2. Standards for permission for development activities under Article 56;
3. Cases subject to performance guarantee for permission for development activities under Article 59 (1);
4. Restrictions on permission for development activities under Article 60;
5. Scope, etc. of strengthening development density under Article 62;
6. Criteria for designation of, and methods for, management of development-density control areas under Article 63;
7. Restrictions, etc. on activities in an area that has not been subdivided as a special-purpose area under Article 86;
8. Cost bearing by public facility managers under Article 105.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
CHAPTER XII PENALTY PROVISIONS
 Article 134 (Standards for Imposition of Administrative Fines)
(1) Standards for imposing administrative fines under Article 144 (1) and (2) of the Act shall be as stipulated in attached Table 28.
(2) The Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40 of the Act), a Mayor/Do Governor, or the head of a Si/Gun/Gu may aggravate or mitigate administrative fines by up to half the amounts stipulated in attached Table 28, in consideration of the motive, consequence, frequency, etc. of the violation in question. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(3) Even where an aggravated administrative fine is imposed pursuant to paragraph (2), the amount of the administrative fine imposed shall not exceed the following amounts:
1. In cases falling under Article 144 (1) of the Act: Ten million won;
2. In cases falling under Article 144 (2) of the Act: Five million won.
[This Article Newly Inserted by Presidential Decree No. 21625, Jul. 7, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Article 2 (Abrogation of other Enforcement Decrees)
Article 3 (Applicability to Facilities not being Structures)
Article 83 (4) and Article 9 (6) of the Addenda shall apply starting from the first facilities not being the structures, installed after this Decree enters into force.
Article 4 (Special Cases on Installation of Waste Treatment Facilities)
Waste treatment facilities to be installed by a person liable to obtain a license for the business of intermediate waste treatment under Article 5 (2) of the Addenda of the amended Wastes Control Act (Act No. 5865), in conformity with the relevant licence requirements, may be installed without any urban planning decision by not later than July 1, 2003, notwithstanding Article 35 (1).
Article 5 (Special Cases on Building Volume Ratio within Natural Parks)
In cases where a park plan has been publicly announced under Article 16 of the Natural Parks Act as at the time this Decree enters into force, the building volume ratio within the relevant natural parks may follow the conditions set by the relevant park plans by not later than December 31, 2005, notwithstanding Article 85 (3) 3.
Article 6 (Special Cases on Designation of Class II District Unit Planning Zone)
"Requirements prescribed by the Presidential Decree" in Article 9 of the Addenda of the Act means the requirements falling under each subparagraph of Article 44 (1).
Article 7 (Special Cases on Limitations on Activities within District Unit Planning Zone)
(1) Where a district unit plan has been determined under the previous Urban Planning Act and the relevant statutes, and a supply of land has been approved under the related statutes, in areas under Article 51 (1) 3 and 5 of the Act as at the time this Decree enters into force, any limitation on construction, a building-to-land ratio, and a building volume ratio, etc. within the same areas may be governed by the conditions set by the relevant district unit plan, notwithstanding Chapter VI.
(2) A district unit plan falling under paragraph (1) may be altered within the limit of the building-to-land ratio and building volume ratio under the relevant district unit plan, and of the usage, type, size, etc. permitted under Article 46 (4).
Article 8 (General Transitional Measures)
Determinations, dispositions, procedures and other activities under the previous Enforcement Decree of the Act on the Utilization and Management of the National Territory or the Enforcement Decree of the Urban Planning Act as at the time, or after this Decree enters into force, shall be deemed to have been performed under this Decree.
Article 9 (Transitional Measures for General Residential Areas)
(1) A general residential area (excluding an area designated as a residential environment improvement area under Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents), a Class-I general residential area, a Class-II general residential area or a Class-III general residential area as of July 1,2000 is not subdivided and designated as a Class-I general residential area, a Class-II general residential area or a Class-III general residential area, or is not altered and designated as other special-purpose areas by not later than June 30, 2003, the same areas shall be deemed a Class-II general residential area designated under Article 30, starting from July 1, 2003.
(2) By not later than the time a general residential area (excluding an area designated as a residential environment improvement area under Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents) as of July 1, 2000 is subdivided and designated under paragraph (1) as a Class-I general residential area, a Class-II genera residential area or a Class-III general residential area, or is altered and designated as other special-purpose areas, attached Table 18 of the amended Enforcement Decree of the Urban Planning Act (Presidential Decree No. 16891), shall apply to limitations on construction within the relevant areas, and a building-to-land ratio and a building volume ratio shall be governed by urban planning ordinance of the Special Metropolitan City, a Metropolitan City, or a Si/Gun not exceeding 60 percent and of not more than 400 percent, respectively.
(3) By not later than the time a Class-I general residential area, a Class-II genera residential area or a Class-III general residential area as of July 1, 2000 is subdivided and designated under paragraph (1) as a Class-I general residential area, a Class-II general residential area or a Class-III general residential area, or is altered and designated as other special-purpose areas, the provisions for a Class-I general residential area, a Class-II general residential area and a Class-III general residential area under the amended Enforcement Decree of the Building Act (Presidential Decree No. 16284), shall apply to the limitations on construction, the building-to-land ratio and the building volume ratio within the relevant areas.
(4) In cases where an area designated as a residential environment improvement area under Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents prior to December 31, 2004 (limited to an area deemed a general residential area under Article 5 of the same Act; hereafter the same shall apply in this paragraph and paragraph (5) ), is not subdivided and designated as a Class-I general residential area, a Class-II general residential area or a Class-III general residential area under Article 30, or is not altered and designated as other special-purpose areas by not later than December 31, 2004, the relevant area shall be deemed a Class-III general residential area designated under Article 30, starting from January 1, 2005.
(5) By not later than the time an area designated as a residential environment improvement area under Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents prior to December 31, 2004 is not subdivided and designated as a Class-I general residential area, a Class-II general residential area or a Class-III general residential area under paragraph (4), or is altered and designated as other special-purpose areas, attached Table 18 of the amended Enforcement Decree of the Urban Planning Act (Presidential Decree No. 16891), shall apply to the limitations on construction within the relevant area.
(6) Matters for structures under paragraphs (2), (3) and (5) shall apply to the limitations on the usage, type, size, etc. of facilities which are not structures within areas under paragraphs (2), (3) and (5).
Article 10 (Transitional Measures for Previous Special-Purpose Districts)
(1) A scenic district under Article 33 (1) 1 of the previous Urban Planning Act shall be deemed to have been subdivided and designated as a scenic district under each item of Article 31 (2) 1, as stipulated by urban planning ordinance of a City/Do, or a scenic district subdivided additionally by urban planning ordinance under the latter part of paragraph (3) of the same Article.
(2) A settlement district, industry promotion district, and facility site district under each item of subparagraph 1 of Article 7 of the previous Enforcement Decree of the Act on the Utilization and Management of the National Territory, shall be deemed subdivided and designated as a development promotion district under each item of Article 31 (2) 7, as stipulated by urban planning ordinance of a City/Do.
Article 11 (Transitional Measures for Facilities Installed within Previous Facility Site Districts)
(1) In cases where a facility site district under subparagraph 1 (e) of Article 7 of the previous Enforcement Decree of the Act on the Utilization and Management of the National Territory, under Article 14 (2) of the Addenda of the Act, being that designated for installing facilities listed in the right column of the following Table, and the same facilities fall under one of the following subparagraphs, it shall be deemed, starting from the enforcement date of this Decree, to have been determined and publicly announced as urban planning facilities, being infrastructure listed in the left column of the following Table: Provided, That where the boundaries for the same facilities are obscure, they shall be confirmed by the public announcement of topographical maps:
1. Where the relevant facilities are managed by the administrative office;
2. Infrastructure listed in the left column, which corresponds to the relevant facilities, does not fall under any subparagraph of Article 35 (1).
INFRASTRUCTURE FACILITIES WITHIN FACILITY SITE DISTRICT
1. Sports grounds
2. Athletic facilities
3. Juvenile training facilities
4. Charnel facilities
5. Public cemeteries
6. General medical facilities7. Schools
8. Research facilities
9. Water pollution prevention facilities
10. Waste treatment facilities
11. Airports
12. Parking lots
13. Harbors
14. Reservoirs
15. Squares
16. Libraries
17. Public vocational training facilities
18. Broadcasting and communications facilities
19. Cultural facilities
20. Cultural facilities
21. Cultural facilities
22. Cultural facilities
23. Cultural facilities
24. Crematories
1.Athletic facilities (limited to composite sports grounds)
2.Athletic facilities (excluding composite sports grounds)
3. Juvenile training facilities
4. Graves (limited to charnel facilities)
5. Graves (excluding charnel facilities)
6. Medical facilities
7.Education research facilities (limited to education facilities)
8.Education research facilities (limited to research facilities)
9.Excreta or waste treatment facilities (limited to facilities under the Act on the Disposal of Sewage, Excreta and Livestock Wastewater)
10.Excreta or waste treatment facilities (limited to facilities under the Act on the Promotion of Saving and Recycling of Resources)
11. Airports
12. Parking lots
13. Harbors
14. Dams
15. Squares
16. Libraries
17. Public vocational training facilities
18. Broadcasting facilities
19. Exhibition halls (excluding industrial ones)
20. Public performance places
21. Museums
22. Commemorative halls
23. Science halls
24. Crematories
25. Public offices
26. Public offices
27. Social welfare facilities
28. Social welfare facilities

29. Social welfare facilities

30. Waste treatment facilities
31. Harbors
32. Reservoirs
33. Public offices
25. Public health offices
26. Dispensaries
27. Sanatoria
28. Public rehabilitation facilities for industrial accident workers
29.Public welfare facilities for industrial accident workers
30. Resource recycle facilities
31. Fishery ports
32. Reservoirs
33.State and local government offices and their accessory facilities
(2) For facilities which do not fall under paragraph (1) and which are located in a facility site district listed in the right column of the Table of paragraph (1), where topographical maps have been publicly announced pursuant to Article 32 (4) of the Act, such facilities shall be deemed determined and publicly announced as urban planning facilities, being infrastructure listed in the left column of the Table of paragraph (1). <Newly Inserted by Presidential Decree No. 18240, Jan. 20, 2004>
(3) Notwithstanding paragraphs (1) and (2), if a facility site district involving two or more facilities falls under any subparagraph of paragraph (1), it shall comply with the following standards: <Amended by Presidential Decree No. 18240, Jan. 20, 2004>
1. Where two or more facilities listed on the right column of the Table of paragraph (1) have been installed within a facility site district, they shall be deemed urban planning facilities, determined and publicly announced respectively, being infrastructure listed in the left column of the same Table: Provided, That where the boundary of each facility is obscure, they shall be deemed infrastructure corresponding to the principal facilities, which have been determined and publicly announced as urban planning facilities;
2. Where facilities listed on the right column of the Table of paragraph (1) have been installed concurrently with those not listed in the same column within a facility site district, they shall be deemed urban planning facilities and development promotion district, which have been determined and publicly announced respectively: Provided, That where the boundary of a facility is obscure, it shall be deemed infrastructure corresponding to the principal facilities along by them, which have been determined and publicly announced as urban planning facilities and development promotion district.
Article 12 (Transitional Measures for Previous Urban Planning Facilities, etc.)
(1) Among urban planning facilities under the previous Urban Planning Act, scenic squares shall be deemed determined and publicly announced as general squares or scenic squares, as stipulated by urban planning ordinance of a City/Do.
(2) Among urban planning facilities under the previous Urban Planning Act, observation towers shall lose their effect of designation as urban facilities, starting from the date this Decree enters into force.
(3) Among urban planning facilities falling under the previous Urban Planning Act, sports grounds (excluding composite sports grounds) shall be deemed determined and publicly announced as athletic facilities, starting from the date this Decree enters into force.
(4) Where public facilities or public structures listed in the right column of the following Table, which have been established under Article 20 of the previous Act on the Utilization and Management of the National Territory or its location has been publicly announced, under Article 15 (2) of the Addenda of the Act, fall under any of the following subparagraphs, they shall be deemed infrastructure listed in the left column of the following Table, which have been determined and publicly announced as urban planning facilities, starting from the date this Decree enters into force: Provided, That where the boundaries of the same facilities are obscure, they shall be confirmed by public announcement of topographic map:
1. Where the relevant public facilities or public structures are managed by an administrative office;
2. Where the infrastructure listed in the left column which correspond to the relevant public facilities or public structures do not fall under any subparagraph of Article 35 (1).
INFRASTRUCTURE PUBLIC FACILITIES OR PUBLIC STRUCTURES
1. Airports
2. Railways
3. Roads
4. Tacks
5. Parking lots
1. Airports
2. Railways
3. Roads
4. Tacks
5. Parking lots
6. Cableways
7. Roads
8. Railways
9. Canals

11. Automobile and construction equipment inspection facilities
12. Automobile and construction equipment inspection facilities
13. Harbors
14. Airports
15. Harbors
16. Rivers
17. Reservoirs
18. Anti-erosion equipment
19. Windbreak equipment
20. Fire prevention equipment
21. Anti-tides equipment
22. Anti-flood equipment
23. Research facilities
24. Water supply facilities
25. Power supply equipment
26. Broadcasting and communications facilities
27. Gas supply facilities
28. Oil storage and oil supply equipment
29. Oil storage and oil supply equipment
30. Heat supply equipment
31. Markets
32. Research facilities
33. Research facilities
34. Squares
35. Sports grounds

36. Athletic facilities

37. Schools
38. Libraries
39. Public vocational training facilities
6. Cableways
7. Bridges (cases where utilized by roads)
8. Bridges (cases where utilized by railways)
9. Canals
10. Docks
11. Automobile inspection offices

12. Construction equipment inspection offices

13. Harbors
14. Aviation signals
15. Beacons for routes
16. Embankments
17. Dams
18. Anti-erosion facilities
19. Windbreak facilities
20. Fire prevention facilities
21. Anti-tides facilities
22. Anti-flood facilities
23. Meteorological facilities
24. Waterworks
25. Power supply equipment
26. Telecommunications facilities

27. Gas facilities
28. Oil supply facilities

29. Petroleum storage facilities

30. Heat supply facilities
31. Markets
32. Research institutions
33. Experimental stations
34. Squares
35. Athletic facilities (limited to composite sports grounds)
36. Athletic facilities (excluding composite sports grounds)
37. Schools
38. Libraries
39. Public vocational training facilities
40. Broadcasting and communications facilities
41. Cultural facilities
42. Cultural facilities
43. Cultural facilities
44. Cultural facilities
45. Cultural facilities
46. Juvenile training facilities
47. Sewage systems
― 49. Crematories
50. Public offices
51. Public offices
52. Social welfare facilities
53. Research facilities

54. Social welfare facilities
55. Social welfare facilities

56. Water quality pollution prevention facilities
57. Water quality pollution prevention facilities
58. Waste treatment facilities
59. Waste treatment facilities
60. Water quality pollution prevention facilities
61. Harbors
62. Rivers
63. Reservoirs
64. Power supply equipment
65. Reservoirs
66. Public offices
40. Broadcasting facilities
41. Exhibition halls
42. Public performance places
43. Museums
44. Commemorative halls 45. Science halls
46. Juvenile training facilities
47.Sewage systems
48. Public lavatories
49. Crematories
50. Public health offices
51. Dispensaries
52. Sanatoria
53. Public industrial accidents prevention facilities
54. Public rehabilitation facilities for industrial accidents workers
55. Public welfare facilities for industrial accidents workers
56. Excreta treatment facilities

57. Livestock wastewater joint disposal facilities
58. Waste treatment facilities
59. Resource recycle facilities
60. Facilities for disposal of wastewater of disused mines
61. Fishery ports
62. Rivers
63. Irrigation waterways
64. Power generation waterways
65. Reservoirs
66. State and local government offices and their accessory facilities
(5) Where a topographic map under Article 32 (4) of the Act has been publicly announced with regard to public facilities or public structures listed in the right column of the Table under paragraph (4), which do not fall under the same paragraph, the relevant public facilities or public structures shall be deemed determined and publicly announced as urban planning facilities, being infrastructure listed in the left column of the same Table.
(6) Provisions for limitations on activities within a special-purpose area, special-purpose district, or special-purpose zone, in which the relevant public facilities or public structures are located, shall apply to public facilities or public structures excluding public facilities or public structures, which are deemed determined and publicly announced by urban planning facilities under paragraph (4) or (5).
Article 13 (Limitations on Activities within Management Areas)
(1) Attached Table 18 shall apply to the limitations on construction within management areas by not later than the time the management areas are subdivided under Article 18 (3) of the Addenda of the Act. <Amended by Presidential Decree No. 20535, Jan. 8, 2008>
(2) The building-to-land ratio and building volume ratio within management areas shall be governed by urban planning ordinance of the Special Metropolitan City, a Metropolitan City, or a Si/Gun not exceeding 20 percent and 80 percent respectively, by not later than the time the management areas are subdivided under Article 18 (3) of the Addenda of the Act. <Amended by Presidential Decree No. 20535, Jan. 8, 2008>
Article 14 (Transitional Measures for Hearing Opinions of Do Construction Comprehensive Planning Deliberation Committee)
Hearing the opinions of the Do urban planning committee may substitute for the matters subject to hearing of opinions of the Do construction comprehensive planning deliberation committee under the previous Act on the Utilization and Management of the National Territory after this Decree enters into force.
Article 15 (Transitional Measures for Matters Delegated to Urban Planning Ordinances)
(1) Municipal ordinances enacted under Articles 14 (4), 22 (5), 36 (6), 38 (4) and subparagraph 7 of Article 40 of the previous Enforcement Decree of the Urban Planning Act shall respectively apply by not later than the time urban planning ordinances are enacted under Articles 12 (4), 22 (5), 39 (7), 41 (5) and 43 (1) 7.
(2) Municipal ordinances enacted under Article 24 (4) 2 of the previous Enforcement Decree of the Urban Planning Act shall apply, to the extent they do not conflict with Article 25, to the matters among a district unit plan, which may be exempted from a joint deliberation by the construction committee and the urban planning committee, by not later than the time urban planning ordinances are enacted under Article 25 (4).
(3) Municipal ordinances enacted under Article 47 of the previous Enforcement Decree of the Urban Planning Act shall apply, to the extent they do not conflict with Article 53, to the minor activities which may be dispensed with permission for development activities, by not later than the time urban planning ordinances are enacted under Article 53.
(4) Municipal ordinances enacted under attached Table 1 of the previous Enforcement Decree of the Urban Planning Act shall apply, to the extent they do not conflict with Article 58 of the Act and attached Table 1 of this Decree, to the criteria for permission for development activities, by not later than the time urban planning ordinances are enacted under attached Table1.
(5) Municipal ordinances enacted under Article 48 (3) of the previous Enforcement Decree of the Urban Planning Act shall apply, to the extent they do not conflict with Article 60 of the Act and Article 59 (2) of this Decree, to the computation of performance guarantee and its deposit method, by not later than the time urban planning ordinances are enacted under Article 59 (2).
(6) Municipal ordinances enacted under attached Tables 2 through 17 of the previous Enforcement Decree of the Urban Planning Act shall apply, to the extent they do not conflict with Article 76 of the Act and Article 71 of this Decree, to the structures allowed to be built under urban planning ordinance in the relevant special-purpose area, by not later than the time municipal ordinances are enacted under attached Tables 2 through 17.
(7) Structures allowed to be built by urban planning ordinance under attached Tables 18 through 23 and 27 shall be prohibited from being built within the relevant specific area or natural settlement district, by not later than the time urban planning ordinances are enacted under attached Tables 18 through 23 and 27.
(8) Notwithstanding paragraph (7), structures falling under each item of subparagraph 2 of attached Table 27 may be built by not later than June 30, 2003: Provided, That general restaurant falling under items (b) and (c) of the same subparagraph and structures falling under item (i) may be built within the limit of the municipal ordinance enacted under Article 14 (1) 4 of the previous Enforcement Decree of the Act on the Utilization and Management of the National Territory.
(9) Municipal ordinances enacted under Articles 52, 53, 55 through 57, and 60 of the previous Enforcement Decree of the Urban Planning Act shall respectively apply to the limitations on construction by special-purpose district, to the extent they do not conflict with Article 76 of the Act and Articles 72, 73, 75 through 77, and 82 of this Decree, by not later than the time urban planning ordinances are enacted under Articles 72, 73, 75 through 77, and 82.
(10) In cases of urban areas, municipal ordinances enacted under Articles 62 and 63 of the previous Enforcement Decree of the Urban Planning Act, and Article 7 (2) of its Addenda shall respectively apply to a building-to-land ratio and a building volume ratio, to the extent they do not conflict with Article 77 and 78 of the Act and Articles 84 and 85 of this Decree, by not later than the time urban planning ordinances are enacted under Articles 84 and 85, and Article 9 (2) of the Addenda.
(11) In cases of areas, other than an urban area, the maximum limit on a building-to-land ratio and a building volume ratio stipulated in Articles 84 (1) and 85 (1), and Article 13 (2) of the Addenda shall respectively apply to a building-to-land ratio and a building volume ratio, by not later than the time urban planning ordinances are enacted under Articles 84 (1), (3) and (6), and 85 (1) and (3), and Article 13 (2) of the Addenda.
(12) Municipal ordinances enacted under Article 86 of the previous Enforcement Decree of the Urban Planning Act shall apply to the matters necessary for the operation of local urban planning committees to the extent they do not conflict with Articles 113 through 115 of the Act and Articles 110 through 113 of this Decree, by not later than the time urban planning ordinances are enacted under Article 114.
(13) Municipal ordinances enacted under Article 90 (4) of the previous Enforcement Decree of the Urban Planning Act shall apply to the procedures for collection of administrative fines to the extent they do not conflict with Article 144 of the Act and Article 134 of this Decree, by not later than the time urban planning ordinances are enacted under Article 134 (4): Provided, That where no municipal ordinance is enacted under the same Enforcement Decree, municipal ordinance enacted under Article 59 (4) of the previous Enforcement Decree of the Urban Planning Act shall apply.
Article 16 Omitted.
Article 17 (Relations with other Statutes)
(1) In cases where the previous Enforcement Decree of the Act on Utilization and Management of the National Territory or the previous Enforcement Decree of the Urban Planning Act, and its provisions are quoted in other statutes as at the time this Decree enters into force, if any corresponding provisions exist in this Decree, this Decree and the corresponding provisions in this Decree shall be deemed quoted in lieu of the previous provisions.
(2) In cases where urban planning zones under the previous Urban Planning Act are quoted in other statutes as at the time this Decree enters into force, zones falling under urban planning zones under the previous Urban Planning Act shall be deemed quoted, and after the urban management plan has been consolidated, urban areas shall be deemed quoted.
(3) In cases where a legal fiction is established for the alteration or determination of urban plans under the previous Urban Planning Act in other statutes as at the time this Decree enters into force, the relevant legal fiction shall be deemed to have established the alteration or determination of an urban management plan formulated for urban areas among urban management plans.
(4) In cases where the alteration or determination of the national territory utilization plans under the previous Act on the Utilization and Management of the National Territory has been legally deemed in other statutes as at the time this Decree enters into force, the relevant legal fiction shall be deemed to have established the alteration or determination of an urban management plan formulated for an area, other than urban areas among urban management plans.
ADDENDA <Presidential Decree No. 18044, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 18108, Sep. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2003. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 18240, Jan. 20, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability concerning Handling Procedures of Written Proposal for Devising Urban Management Plans) The amended provisions of Article 20 (1) shall apply from the first portion of proposed devising of an urban management plan after this Decree enters into force.
(3) (Transitional Measures for Factory Construction within Management Area) The effect of permission for development activities obtained under the amended provisions of Article 56 of the Act and of subparagraph 1 (f) of attached Table 27 (excluding cases where the factory whose construction works were completed before December 31, 2002 is extended or remodeled within existing factory sites), shall expire in cases where failing to file a report on undertaking the works under Article 16 of the Building Act within one year after this Decree enters into force.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18680, Jan. 15, 2005>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (f) of attached Table 27 shall take effect on February 1, 2005.
ADDENDA <Presidential Decree No. 18978, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19036, Sep. 8, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability concerning Hearing Opinions of Residents on Urban Management Plans) The amended provisions of Article 22 (2) shall apply starting from the first hearing of opinions of residents on devising an urban management plan, after this Decree enters into force.
(3) (Applicability concerning Criteria for Permit of Land Transactions) The amended provisions of Article 119 (1) 1 shall apply starting from the first portion of applying for a permit for land transaction contracts, after this Decree enters into force.
(4) (Transitional Measures for Deposit Amount of Performance Guarantee of Permit for Development Activities) Notwithstanding the amended provisions of Article 59 (2), the previous provisions shall govern the deposit of performance guarantee on the persons who have already received a permit for development activities as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 19073, Sep. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2005. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19130, Nov. 11, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability concerning Submission of Written Plans for Raising Funds and Land Use Obligation) The amended provisions of Articles 117 (1) 7 and 124 (2) shall apply starting from the first application for permission for land transaction made after this Decree enters into force.
(3) (Transitional Measures for Existing City Natural Parks) Notwithstanding the amended provisions of Article 45 (2) 2, the previous provisions shall govern the city natural parks under Article 6 of the Addenda to the Act on Urban Parks, Green Areas, Etc.
ADDENDA <Presidential Decree No. 19206, Dec. 28, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19239, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19400, Mar. 23, 2006>
Article 1(Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Relaxation of Building-to-Land Ratio, etc. within Class-I District Unit Planning Zone)
The amended provisions of Article 46 (1) shall apply starting from the first hearing on the opinions of residents held in order to establish a Class-I district unit plan after this Decree enters into force.
Article 3 (Applicability concerning Permission Criteria for Land Transactions)
The amended provisions of Article 119 (1) and (2) shall apply starting from the first application for permission for land transaction made after this Decree enters into force by any person who has transferred land through consultation or has been subjected to expropriation for public works projects under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and other statutes, and intends to acquire land to substitute for the land transferred through consultation or expropriated within three years from the date of the same transfer through consultation, or expropriation.
Article 4 (Applicability concerning Establishment of Senior Welfare Facilities)
The amended provisions of subparagraphs 1 (f) and 2 (f) of attached Table 14 shall apply staring from the first senior welfare facilities whose application for permission for housing construction project plan is filed under the Housing Act after this Decree enters into force.
Article 5 (Transitional Measures for Permission for Development Activities)
Notwithstanding the amended provisions of subparagraph 5 of Article 51 and subparagraph 2 (d) (i) of attached Table 1, the previous provisions shall govern where an application for land split or an application for permission for development activities with regard to the land split within green zones has been made under Article 19 of the Cadastral Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 19422, Mar. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2006.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19503, Jun. 7, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2000. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 (Transitional Measures concerning Amendment of the Enforcement Decree of the National Land Planning and Utilization Act)
A citation of Article 131, 132, or 133 (2) of the former Enforcement Decree of the National Land Planning and Utilization Act in other statutes as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of the former provisions, if the corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 19586, Jun. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19639, Aug. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19647, Aug. 17, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20009, Apr. 19, 2007>
This Decree shall enter into force on April 20, 2007.
ADDENDA <Presidential Decree No. 20535, Jan. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 of Addenda of the Enforcement Decree of the National Land Planning and Utilization Act (Presidential Decree No. 17816) shall enter into force on January 1, 2009.
Article 2 (Applicability concerning Composition of Urban Planning Committee)
The amended provisions of Article 111 (2) and 112 (2) shall apply to members who are newly appointed or entrusted under Articles 111 (3) and 112 (3) on or after the date this Decree enters into force.
Article 3 (Transitional Measures for Restrictions on Activities within Not Yet Subdivided Management Area)
Notwithstanding the amended provisions of Article 13 of Addenda of the Enforcement Decree of the National Land Planning and Utilization Act (Presidential Decree No. 17816), the previous provisions shall apply to the portion for which an application for permission, etc. for construction is under way or for which permission, etc. for construction was granted under the previous provisions within a management area that has not yet been subdivided as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 20585, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Cases where Provisions concerning Permission System of Land Transactions are not Applied)
The amended provisions of subparagraph 15 of Article 121 shall apply to a land transaction contract which is concluded under Article 118 (1) of the Act on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 20647, Feb. 22, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20791, May 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20941, Jul. 28, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21019, Sep. 18, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21038, Sep. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Repeal of other Statutes)
Article 3 (Applicability to Cases where Provisions pertaining to Land Transaction Contract Permission System are not Applied)
The amended provisions of subparagraphs 3-2, 16-2 and 16-3 of Article 121 shall apply, starting from the first land transaction contract established after this Decree enters into force.
Article 4 (Special Cases on Publication of Standard Infrastructure Costs)
Notwithstanding the amended provisions of Article 68, the Minister of Land, Transport and Maritime Affairs shall publish standard infrastructure costs as of January 1, 2008 within ten days from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 21052, Sep. 30, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21231, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21488, May 13, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21625, Jul. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 111 (1) and 112 (5) shall enter into force on August 1, 2009.
Article 2 (Period of Validity)
The amended provisions of Article 93 (4) shall remain valid for two years from the date this Decree enters into force.
Article 3 (Applicability)
The amended provisions of subparagraphs 6 and 16-4 of Article 121 shall also apply where permission for a land transaction contract has been obtained before this Decree enters into force.
Article 4 (Transitional Measures)
Matters delegated to municipal ordinance pursuant to Article 84 (5) 2 and 3, paragraph (7) of the same Article, the proviso to Article 93 (2), and subparagraph 2 (l) of attached Table 20 shall be governed by the previous provisions until the relevant municipal ordinance is enacted or amended.
ADDENDA <Presidential Decree No. 21629, Jul. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21665, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21669, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 (Transitional Measures)
Matters delegated to municipal ordinance pursuant to Article 84 (3) shall be governed by the previous provisions until the relevant municipal ordinance is enacted or amended.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 22128, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2010. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22142, Apr. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 55 (4) 5 shall apply beginning with the first application filed for permission for development activities after this Decree enters into force.
Article 3 (Transitional Measures concerning Delegated Matters to Urban Planning Ordinances)
Matters delegated to municipal ordinance under the amended provisions of Article 55 (5) 3 shall be governed by the previous provisions until the relevant municipal ordinance is enacted or amended.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22264, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22273, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 13, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22420, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22703, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Lenient Application of Building-to-Land, etc. within Class-I District Unit Planning Zone)
The amended provisions of Article 46 (1) 2 and 3 shall apply beginning with the first installation and offering of public facilities, etc. after the municipal ordinance under the amended provisions of Article 46 (1) 2 and 3 enters into force.
Article 3 (Applicability to Deliberation by Urban Planning Committee on Development Activities)
The amended provisions of Article 57 (1) 1-2 and Article 57 (4) 3 (a) shall apply beginning with the first application filed for permission for development activities after this Decree enters into force.
Article 4 (Applicability to Cases where Provisions for Permission System of Land Transaction are not Applied)
The amended provisions of subparagraph 8 and subparagraph 16-5 of Article 121 shall also apply where permission for land transaction contract was granted before this Decree enters into force.
Article 5 (Applicability to Relaxation of Land Use Obligation)
The amended provisions of Article 124 (1) 7-2 and 7-5 shall also apply where permission for land transaction contract was granted before this Decree enters into force.
Article 6 (Applicability to Amendment to Standards for Permission for Development Activities)
The amended provisions of subparagraph 1 (e) (iii) of attached Table 1-2 shall apply beginning with the first application filed for permission for development activities after this Decree enters into force.
Article 7 (Applicability to Matters Entrusted to Urban Planning Ordinance)
The matters entrusted to urban planning ordinance in accordance with the amended provisions of Article 57 (1) 1-2 (c) and (d) shall be governed by the provisions determined by municipal ordinance pursuant to the previous provisions of Article 55 (5) 3 and 5 until the relevant municipal ordinance is enacted or amended.
ADDENDA <Presidential Decree No. 22815, Apr. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2011.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 23009, Jul. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Reduction of Period for Processing Written Proposal)
Where a proposal for devising urban management plans under Article 26 (1) of the Act is received before this Decree enters into force, notwithstanding the amended provisions of Article 20, the previous provisions shall apply.
Article 3 (Applicability to Matters Entrusted to Urban Planning Ordinance)
The matters entrusted to urban planning ordinance in accordance with the amended provisions of subparagraph 1, other than each item, and subparagraph 2, other than each item, of attached Table 5 shall be governed by the previous provisions of subparagraph 1, other than each item, and subparagraph 2, other than each item, of attached Table 5 until the relevant municipal ordinance is enacted or amended.
ADDENDA <Presidential Decree No. 23073, Aug. 11, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 19, 2011.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23148, Sep. 16, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.).
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23502, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 125 (1) shall enter into force on February 1, 2012.
Article 2 (Applicability to Standards for Formulation of Metropolitan City Planning)
The amended provisions of subparagraph 6 of Article 10 shall apply, beginning with the formulation of the first Metropolitan City planning after this Decree enters into force.
Article 3 (Applicability to Standards for Formulation of Urban Master Plans)
The amended provisions of subparagraph 9 of Article 16 shall apply, beginning with the formulation of the first urban master plan after this Decree enters into force.
Article 4 (Applicability to Standards for Formulation of Urban Management Plans)
The amended provisions of subparagraph 11 of Article 19 shall apply, beginning with the formulation of the first urban management plan after this Decree enters into force.
Article 5 (Applicability to Relaxed Application of Building-to-Land Ratio in Class I District Unit Planning Areas)
The amended provisions of Article 46 (1) shall apply, beginning with the construction of the first public sewage works after this Decree enters into force.
Article 6 (Applicability to Deliberation, etc. on Development Activities by Urban Planning Committee)
The amended provisions of Article 57 (1) 1-2 shall apply, beginning with the first application for permission for development activities after this Decree enters into force.
ADDENDA <Presidential Decree No. 23529, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012: Provided, That the amended provisions on the Special Self-Governing City and the Special Self-Governing Cit Mayor shall enter into force on July 1, 2012.
Article 2 (Applicability to Exceptions to Restrictions on Change of Urban or Gun Management Plans under other Acts)
The amended provisions of the proviso to Article 6 (1) shall apply, beginning with the first application for permission, authorization, approval or determination of a plan in which details that may assume a fact of the determination of an urban or Gun management plan are included pursuant to other Acts after this Decree enters into force.
Article 3 (Applicability to Designation of District Unit Planning Zones and Areas subject to Designation)
The amended provisions of Articles 42-2 and 43 (1) through (3), subparagraphs 1 and 5 of Article 44 and the latter part of Article 45 (2) shall apply, beginning with the first designation of a district unit planning zone or the first determination of a district unit plan after this Decree enters into force.
Article 4 (Applicability to Permission for Development Activities)
The amended provisions of Articles 51 (2) and 52 (1) 4, subparagraph 1 of Article 53, Article 56 (2) and (3), subparagraphs 2 (d) (i) (d) and 3 of attached Table 1-2 shall apply, beginning with the first application for permission for development activities after this Decree enters into force.
Article 5 (Applicability to Special Cases on Existing Buildings)
The amended provisions of Article 93 (1) shall apply, beginning with the first application for reconstruction, major repairs, extension and remodeling of a building pursuant to the Building Act after this Decree enters into force.
Article 6 (Applicability to Organizational Structure and Operation of City/Do Urban Planning Committee)
The amended provisions of the latter part of Article 111 (3) shall apply, beginning with the appointment or commission of new members pursuant to Article 111 (3) after this Decree enters into force.
Article 7 (General Transitional Measures)
(1) "Urban planning", "an urban master plan", "an urban management plan", "urban planning facilities", "an urban planning facilities project", "an urban planning project", and "an urban planning project operator" under the former provisions as at the time this Decree enters into force shall be deemed "urban or Gun planning", "an urban or Gun master plan", "an urban or Gun management plan", "urban or Gun planning facilities", "an urban or Gun planning facilities project", "an urban or Gun planning project", and "an urban or Gun planning project operator", respectively.
(2) "A Class I district unit plan" and "a Class II district unit plan" under the former provisions as at the time this Decree enters into force shall be deemed "a district unit plan".
Article 8 (Transitional Measures concerning Industrial Development Promotion Districts and Distribution Development Promotion Districts)
(1) An area designated as an industrial development promotion district or distribution development promotion district in accordance with the previous provisions as at the time this Decree enters into force shall be deemed an industrial and distribution development promotion district designated in accordance with the amended provisions of Article 31.
(2) Where the procedures for making a determination on an industrial development promotion district or distribution development promotion district is in progress in accordance with the previous provisions as at the time this Decree enters into force, the procedures for making a determination on an industrial and distribution development promotion district shall be deemed in progress.
Article 9 (Transitional Measures concerning District Unit Planning Zones Designated in Areas other than Urban Areas)
Where it is impracticable for the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun to make a collective report under Article 42 (2) on urban or Gun planning facilities, etc. unexecuted for a long time in his/her jurisdiction as at the time this Decree enters into force, notwithstanding the amended provisions of Article 42 (2), he/she may report on urban or Gun planning facilities, etc. unexecuted for a long time by dividing proportionally by March 31, 2015.
Article 10 (Transitional Measures concerning District Unit Planning Zones Designated in Areas other than Urban Areas)
(1) A zone in which the core functions of a district unit planning zone are designated as an industrial type or distribution type in an area other than an urban area in accordance with the previous provisions as at the time this Decree enters into force shall be deemed a zone in industrial and distribution type designated in accordance with the amended provisions of Article 42-2 (2) 10.
(2) Where the procedures for making a determination is in progress to designate as an industrial type of distribution type in accordance with the previous provisions as at the time this Decree enters into force, the procedures for making a determination as an industrial and distribution type district unit plan shall be deemed in progress.
Article 11 (Transitional Measures concerning Cultural Resource Preservation Districts)
An area designated as a cultural resource preservation district in accordance with the previous provisions as at the time this Decree enters into force shall be deemed a historic and cultural environment preservation district designated in accordance with the amended provisions of subparagraph 1 of Article 76.
Article 12 (Transitional Measures concerning Floor Area Ratio in Specific Use Areas)
Notwithstanding the amended provisions of Article 85 (5) 3, the previous provisions shall apply to the floor area ratio in a park area with villages close together and park area with collective facilities determined by park planning pursuant to Natural Parks Act as at the time this Act enters into force.
Article 13 (Transitional Measures concerning Matters Delegated to Urban Planning Ordinance)
The previous provisions shall apply to matters delegated to urban planning ordinance in accordance with the amended provisions of subparagraph 2 (c) of attached Table 2, subparagraph 2 (h) of attached Table 16, subparagraph 2 (j) of attached Table 17, subparagraph 2 (i) of attached Table 19 and subparagraph 2 (a) of attached Table 22 until the relevant urban planning ordinance is enacted or amended.
Article 14 Omitted.
Article 15 (Relationships with other Statutes)
Where the former provisions of the Enforcement Decree of the National Land Planning and Utilization Act are cited by other statutes as at the time this Decree enters into force, if the provisions corresponding thereto exist herein, the relevant provisions of this Decree shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 23755, Apr. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24008, Jul. 31, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2012. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24593, Jun. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Matters Delegated to Urban or Gun Planning Ordinance)
The previous provisions shall apply to matters delegated to urban or Gun planning ordinance in accordance with the amended provisions of subparagraph 2 (f) of attached Table 16 and subparagraph 2 (j) of attached Table 20 until the relevant ordinance is enacted or amended.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25090, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 17, 2014: Provided, That the amended provision of Article 31 (5) 1 shall enter into force on August 14, 2014, and matters delegated to City or Gun planning ordinance pursuant to the amended provisions of Article 71 (1) 6 through 10, 13 and 19, and attached Tables 7 through 11, 14, 20 and 23 shall enter into force six months after the date of their promulgation.
Article 2 (Applicability to Alteration of Criteria for Formulation and Rearrangement of Urban or Gun Management Plan)
The amended provisions of subparagraph 9 of Article 19 and Article 29 (1) shall apply beginning with an urban or Gun management plan formulated after this Decree enters into force.
Article 3 (Transitional Measures concerning Matters Delegated to City or Gun Planning Ordinance)
The former provisions shall apply to matters delegated to City or Gun Planning Ordinance pursuant to the amended provisions of Article 71 (1) 6 through 10, 13 and 19, and attached Tables 7 through 11, 14, 20 and 23 until the relevant City or Gun Planning Ordinance is enacted or amended.
Article 4 (Transitional Measures concerning Alteration of Buildings Subject to Relaxation of Building-to-Land Ratios in Fire Prevention Districts)
Where a person applies for or obtains approval or permission under this Decree or other statutes as at the time this Decree enters into force, notwithstanding the amended provision of Article 84 (5) 1, the former provision shall apply thereto.
Article 5 (Transitional Measures concerning Relaxation of Building-to-Land Ratios when Enlarging Existing Factories on Existing Sites in Green Areas)
Where a person applies for or obtains approval or permission under this Decree or other statutes before July 6, 2013, notwithstanding the amended provisions of Article 93 (4), the former provisions shall apply thereto.
Article 6 (Transitional Measures concerning Authority to Determine Urban or Gun Management Plans for Designation or Alteration of Urbanization Coordination Zones in Connection with State Plans)
Notwithstanding the amended provision of Article 133 (1) 3, the former provision shall apply where the procedure for determining an urban or Gun management plan for designation or alteration of an urbanization coordination zone is proceeding pursuant to the former provision as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 25273, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 4 (2) of Addenda (limited to the amended provision of subparagraph 2 (d) of attached Table 20 of the partially amended Enforcement Decree of the National Land Planning and Utilization Act, Presidential Decree No. 25090) shall enter into force on July 15, 2014.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25279, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25432, Jun. 30, 2014>
This Decree shall enter into force on July 1, 2014.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25483, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25652, Oct. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25661, Oct. 15, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25718, Nov. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 70-7 (1) and (4) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Payment of Infrastructure Installation Costs)
The amended provisions of Article 70-7 (1) and (4) shall begin to apply from the first infrastructure installation cost imposed after the enforcement date referred to in the proviso to Article 1 of Addenda.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of a Presidential Decree, promulgated before this Decree enters into force, but the date they are to enter into force, has not yet arrived, among Presidential Decrees amended pursuant to Article 5 of Addenda, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25773, Nov. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26027, Jan. 6, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26096, Feb. 10, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Determination of Urban or Gun Management Plans)
The amended provisions of Article 25 (3) 6-2 shall also apply where procedures for determination of an urban or Gun management plan are in progress as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 26142, Mar. 11, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26316, Jun. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26381, Jul. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16-2 and 21 (2) shall enter into force on July 7, 2015.
Article 2 (Applicability to Details of District Unit Plans)
The amended provisions of Article 45 (4) 7 shall begin to apply from the first district unit plan formulated after this Decree enters into force.
ADDENDA <Presidential Decree No. 26705, Dec. 10, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26721, Dec. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 26928, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26970, Feb. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 12, 2016.
Article 2 (Transitional Measures concerning Libraries)
Where procedures for proposing the formulation of, formulating, or determining an urban or Gun management plan for a library are ongoing, or an urban or Gun management plan for a library has been determined pursuant to the former provisions as at the time this Decree enters into force, procedures for proposing the formulation of, formulating, or determining an urban or Gun management plan for a cultural facility shall be deemed ongoing, or an urban or Gun management plan for a cultural facility shall be deemed determined pursuant to the amended Articles 2 (1) 4, 25 (3), 35 (1) 1 (a), subparagraph 2 of Article 40, and Article 45 (3) 2.
ADDENDUM <Presidential Decree No. 27052, Mar. 22, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27172, May 17, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended Article 4-4 shall enter into force on June 30, 2016, and the amended provisions of subparagraph 1 (a) (iii) and (iv) of attached Table 1-2 shall enter into force on October 1, 2016.
Article 2 (Transitional Measures concerning Criteria for Granting Permission for Development Activities Delegated to Municipal Ordinance)
Notwithstanding the amended provisions of subparagraph 1 (a) (iii) a. of attached Table 1-2, the former provisions shall apply to the method of calculating the gradient where an application for permission for development activities was filed before the enforcement date provided in the proviso to Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016: Provided, That the amended provisions of subparagraph 1 (a) (iii) a. and b. of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act referred to in Article 11 shall enter into force on January 1, 2017.
Articles 2 through 9 Omitted.
Article 10 (Transitional Measures concerning Amendment of the Enforcement Decree of the National Land Planning and Utilization Act)
Notwithstanding the amended provisions of subparagraph 1 (a) (iii) a. and b. of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, the former provisions shall apply to the method of calculating forest physiognomy where an application for permission for development activities was filed before January 1, 2017.
Articles 11 through 15 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27473, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27570, Nov. 1, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27744, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of Articles 29 (1) and 31 (6) shall enter into force six months after the date of their promulgation.
Article 2 (Applicability to Adjustment of Urban or Gun Management Plans)
The amended provision of Article 29 (1) shall apply, beginning with an urban or Gun management plan to be formulated pursuant to Article 25 of the Act after the enforcement date specified in the proviso to Article 1 of Addenda.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27793, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27832, Feb. 3, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28324, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Hearing Opinions of Local Council on Phased Implementation Plan)
The amended provision of Article 95 (1) shall apply, beginning with a phased-implementation plan to be formulated or amended after this Decree enters into force.
ADDENDA <Presidential Decree No. 28326, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28553, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 19, 2018: Provided, That the amended provisions of Articles 19-2, 21 (2), 22, 29, 94, and 105 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Analysis of Vulnerability to Disasters)
The amended provision of Article 21 (2) 4 (c) shall apply, beginning with an urban or Gun management plan to be formulated after this Decree enters into force.
Article 3 (Transitional Measures concerning Scenic Districts and Aesthetic Districts)
(1) A waterside scenic district designated pursuant to the former Article 31 (2) 1 (b) before this Decree enters into force shall be deemed designated as a special scenic district under the amended provision of Article 31 (2) 1 (c).
(2) Where aesthetic districts referred to in the left column of the following table designated pursuant to the former Article 31 (2) 2, before this Decree enters into force, are deemed designated as scenic districts on the date following the expiration of the one-year period from the date this Decree enters into force pursuant to Article 2 (1) of Addenda of the Act, as subdivided in the right column of the following table under the amended provision of Article 31 (2) 1:
Former Aesthetic Districts Scenic Districts
1. Central place aesthetic districts1. Urban scenic districts
2. General aesthetic districts
3. Historic cultural aesthetic districts2. Special scenic districts
Article 4 (Transitional Measures concerning Tallest Height Control Districts)
A tallest height control district designated pursuant to the former Article 31 (2) 3 before this Decree enters into force shall be deemed designated as a height control district under Article 37 (1) 2 of the Act.
Article 5 (Transitional Measures concerning Conservation Districts and Facility Protection Districts)
(1) Conservation districts in the left column of the following table designated pursuant to the former Article 31 (2) 5 before this Decree enters into force shall be deemed subdivided and designated as protection districts in the right column of the following table under the amended provision of Article 31 (2) 5:
Former Conservation Districts Protection Districts
1. Historic and cultural environment conservation districts 1. Historic and cultural environment protection districts
2. Important facility conservation districts2. Important facility protection districts
3. Ecosystem conservation districts3. Ecosystem protection districts
(2) A facility protection district in the left column of the following table designated pursuant to the former Article 31 (2) 6 before this Decree enters into force shall be deemed subdivided and designated as an important facility protection district and a specific-purpose restricted district in the right column of the following table pursuant to the amended provision of Article 31 (2) 5 (b) hereof and Article 37 (1) 8 of the Act.
Former Facility Protection DistrictsImportant Facility Protection Districts and Specific-Purpose Restricted Districts
1. Public facility protection districtsImportant facility protection districts
2. Harbor facility protection districts
3. Airport facility protection districts
4. School facility protection districts2. Specific-purpose restricted districts
Article 6 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.