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ACT ON SPECIAL MEASURES FOR DESIGNATION AND MANAGEMENT OF DEVELOPMENT RESTRICTION ZONES

Wholly Amended by Act No. 8975, Mar. 21, 2008

Amended by Act No. 9436, Feb. 6, 2009

Act No. 9629, Apr. 22, 2009

Act No. 9968, Jan. 25, 2010

Act No. 10265, Apr. 15, 2010

Act No. 10331, May 31, 2010

Act No. 10599, Apr. 14, 2011

Act No. 11054, Sep. 16, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11838, May 28, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12011, Aug. 6, 2013

Act No. 12372, Jan. 28, 2014

Act No. 12633, May 21, 2014

Act No. 12956, Dec. 31, 2014

Act No. 12989, Jan. 6, 2015

Act No. 13216, Mar. 11, 2015

Act No. 13670, Dec. 29, 2015

Act No. 13796, Jan. 19, 2016

Act No. 14086, Mar. 22, 2016

Act No. 14846, Aug. 9, 2017

Act No. 15340, Dec. 30, 2017

Act No. 15489, Mar. 20, 2018

Act No. 15593, Apr. 17, 2018

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary to designate development restriction zones under Article 38 of the National Land Planning and Utilization Act, to restrict activities performed in development restriction zones, to provide support to residents in development restriction zones, to purchase land, and to efficiently manage development restriction zones with the aim of preventing urban sprawl and ensuring the healthy living environment for citizens through the conservation of the natural environment surrounding cities.
 Article 2 (Duties of State, etc.)
(1) The State and local governments shall manage development restriction zones in good faith to ensure that the objectives of designating such development restriction zones are attained.
(2) People shall cooperate with the State and local governments in their duties to manage development restriction zones and endeavor not to damage development restriction zones.
 Article 3 (Designation of Development Restriction Zones, etc.)
(1) Where the Minister of Land, Infrastructure and Transport deems it necessary to restrict urban development in order to prevent urban sprawl and ensure a healthy living environment for citizens by conserving the natural environment surrounding cities or where the Minister of National Defense requests restrictions on urban development for national security, he/she may designate a development restriction zone or release such designation according to an urban/Gun management plan. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(2) Standards for designating development restriction zones and releasing such designation shall be determined by Presidential Decree in consideration of social and economic conditions, including population, industries, traffic, and land use of any city subject to restriction on development, trends in urban sprawl, and natural environmental conditions, including topography.
 Article 4 (Formulation of Urban/Gun Management Plans for Designation, etc. of Development Restriction Zones)
(1) An urban/Gun management plan for the designation of development restriction zones and release therefrom (hereinafter referred to as "urban/Gun management plan") shall be formulated 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 who has jurisdiction over the relevant urban area (hereinafter referred to as "policy-making authority"): Provided, That where the urban/Gun management plan is related to the State plan, the Minister of Land, Infrastructure and Transport may directly formulate the urban/Gun management plan, or formulate the urban/Gun management plan at the request of the head of the relevant central administrative agency after hearing opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun who has jurisdiction over the relevant urban area; and where the urban/Gun management plan is related to a metropolitan plan under subparagraph 1 of Article 2 of the National Land Planning and Utilization Act, the relevant Do Governor may directly formulate the urban/Gun management plan, or formulate the urban/Gun management plan at the request of the head of the relevant Si/Gun after hearing opinions of the head of a Si/Gun who has jurisdiction over the relevant urban area. <Amended by Act No. 9436, Feb. 6, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(2) An urban/Gun management plan shall be formulated in line with a metropolitan plan defined in subparagraph 1 of Article 2 of the National Land Planning and Utilization Act or an urban/Gun master plan defined in subparagraph 3 of the same Article. <Amended by Act No. 10599, Apr. 14, 2011>
(3) Article 25 (2) through (4) of the National Land Planning and Utilization Act shall apply mutatis mutandis to the standards for and methods of preparing documents and explanatory statements of an urban/Gun management plan for designating development restriction zones. <Amended by Act No. 10599, Apr. 14, 2011>
(4) Where a policy-making authority formulates an urban/Gun management plan for releasing from a development restriction zone pursuant to paragraph (1), he/she shall include in such plan a detailed utilization plan of an area intended for release from the development restriction zone (hereinafter referred to as "area subject to release"), such as its development plan, and a management plan for neighboring development restriction zones, such as a plan for reinstating a damaged area within the development restriction zone which falls under any of the following subparagraphs (hereinafter referred to as "damaged area"). In such cases, the Minister of Land, Infrastructure and Transport shall determine the extent of a damaged area to be reinstated within the extent equivalent to ten to twenty percent of the size of the area subject to release after consulting with the competent policy-making authority, subject to deliberation by the Central Urban Planning Committee established under Article 106 of the National Land Planning and Utilization Act: <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 15593, Apr. 17, 2018>
1. A place where various facilities, such as buildings or structures, are concentrated or the majority of the facilities are scattered, making it difficult to function as green areas. In such cases, the legality or illegality of various facilities shall not be considered;
2. A park determined pursuant to an urban or Gun management plan under Article 30 of the National Land Planning And Utilization Act, which is urgently necessary to be created as a park to restore the damaged green areas or improve the functions of green areas.
(5) A damaged area that is determined to be reinstated pursuant to the latter part of paragraph (4) shall be reinstated by a development project operator to whom a decision (referring to a decision on a district unit plan referred to in subparagraph 1 of Article 49 of the National Land Planning and Utilization Act, and including a decision on district unit plan deemed made upon consultation under other statutes; hereinafter referred to as "decision on a development plan") on the development project plan of an area subject to release is rendered (hereinafter referred to as "development project operator"). In such cases, expenses incurred in reinstating the damaged area shall be borne by the development project operator. <Newly Inserted by Act No. 9436, Feb. 6, 2009>
(6) Notwithstanding paragraphs (4) and (5), a policy-making authority or a development project operator need not propose a plan for reinstating a damaged area under paragraph (4), or need not reinstate a damaged area under paragraph (5) where the Minister of Land, Infrastructure and Transport deems that any extenuating circumstance exists, such as no existence of the damaged area in the relevant Si/Gun/Gu and neighboring Sis/Guns/Gus, following deliberation by the Central Urban Planning Committee established under Article 106 of the National Land Planning and Utilization Act. <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013>
(7) Necessary matters concerning methods and costs of reinstating damaged areas under paragraphs (4) and (5) and other matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9436, Feb. 6, 2009>
 Article 4-2 (Rearrangement Project for Damaged Area Conducted by Land Owner, Etc.)
(1) Any of the following persons may implement a rearrangement project for a damaged area in which animal or plant-related facilities are concentrated (hereinafter referred to as “rearrangement project”), as prescribed by Presidential Decree. In such cases, at least 30/100 of the space of the rearrangement project area shall be formed into an urban park or greenbelt prescribed in Article 2 of the Act on Urban Parks, Green Areas, Etc., and then shall be transferred by donation to the park management agency pursuant to Article 20 of the same Act:
1. A land owner of the relevant damaged area excluding State-owned land and public-owned land;
2. An association established by land owners under subparagraph 1 for implementing a rearrangement project.
(2) A person who intends to implement a rearrangement project in accordance accompanied by paragraph (1) shall, with the documents prescribed by Presidential Decree, request the Mayor/Do Governor for the formulation or modification of the management plan for development restriction zones prescribed in Article 11 via the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu).
(3) Matters necessary for the details and methods of rearrangement projects, the concrete scope of damaged areas prescribed in paragraph (1), and the requirements and procedures for the establishment of an association prescribed in the subparagraph 2 of the same paragraph shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13670, December. 29, 2015]
[This Article shall remain effective until Dec. 31, 2020 in accordance with the provisions of Article 2 of Act No. 13670 (Dec. 29, 2015)]
 Article 5 (Special Cases on Re-Designation, Etc., of Restriction-Released Zones)
(1) Where the details of the urban/Gun management plan (referring to an urban/Gun management plan as defined in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply in this Article) first determined after the relevant area is released from restrictions on development are incompatible with the purposes of such release or the use of such area, the Minister of Land, Infrastructure and Transport may, by no later than three months after the urban/Gun management plan is determined and publicly announced, request 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 jurisdiction over such area to adjust the urban/Gun management plan within a considerable period. In such 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 review and adjust the urban/Gun management plan again. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(2) Upon receipt of a request for adjustment made under paragraph (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 fails to adjust the urban/Gun management plan as requested by the Minister of Land, Infrastructure and Transport within the period prescribed under paragraph (1), the Minister of Land, Infrastructure and Transport may, upon his/her discretion, formulate an urban/Gun management plan for re-designating the relevant restriction-released area as a development restriction zone, notwithstanding Article 4 (1). In such cases, Articles 6 and 7 shall not apply. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(3) Where any area released from a development restriction zone based on any ground prescribed by Presidential Decree, such as the adequate supply of urban sites and the establishment of infrastructures, falls under any of the following subparagraphs, it shall be deemed to revert to a development restriction zone on the following day: <Newly Inserted by Act No. 13670, Dec. 29, 2015>
1. Where the relevant development project has not yet been commenced until the day when two years have lapsed from the date of determining and publicly notifying the urban/Gun management plan concerning the release of the development restriction zones;
2. Where the designation of a project zone, etc., for the relevant development project becomes invalid.
(4) Where there occurs a reversion to a development restriction zone in accordance with paragraph (3), any specific use area under the National Land Planning and Utilization Act with respect to such development restriction zone shall be deemed to revert to the specific use area in valid before the release from the development restriction zone. <Newly Inserted by Act No. 13670, December 29, 2015>
(5) Where there occurs a reversion to a development restriction zone in accordance with paragraph (3), the Minister of Land, Infrastructure and Transport shall publicly notify the details thereof in an official gazette, as prescribed by Presidential Decree, and shall also send the copies of related documents to the competent Mayor/Do Governor; in receipt the copies of related document, the Mayor/Do Governor shall allow the public to peruse such documents. <Newly Inserted by Act No. 13670, Dec. 29, 2015>
 Article 6 (Basic Inspections, 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 intends to formulate an urban/Gun management plan, he/she shall beforehand inspect or survey the population, economy, society, culture, transportation, environment, land use and other necessary matters concerning the formulation of the urban/Gun management plan from among matters prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11838, May 28, 2013>
(2) For the formulation of policies concerning development restriction zones, effective management of development restriction zones, etc., the Minister of Land, Infrastructure and Transport may inspect the actual condition of the ownership, use, etc. of buildings and land. <Newly Inserted by Act No. 11838, May 28, 2013>
(3) If deemed necessary for the inspection of actual condition under paragraph (2), the Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies or the heads of local governments to submit data. In such case, the heads of relevant central administrative agencies or the heads of local governments who are requested so shall submit data unless any special circumstances exist. <Newly Inserted by Act No. 11838, May 28, 2013>
(4) The Minister of Land, Infrastructure and Transport may entrust a public institution prescribed by Presidential Decree with the inspection of actual condition under paragraph (2). <Newly Inserted by Act No. 11838, May 28, 2013>
(5) Articles 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to entry into other persons' land for inspection or survey under paragraphs (1) and (2), and to compensation for loss incurred thereby. <Amended by Act No. 11838, May 28, 2013>
 Article 7 (Hearing of Opinions of Residents and Local Councils)
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun shall hear opinions from residents before formulating an urban/Gun management plan under Article 4, and reflect such opinions in the draft urban/Gun management plan where it is deemed well-grounded: Provided, That the same shall not apply to matters requiring confidentiality for national defense (limited to matters requested by the Minister of National Defense) and insignificant matters prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport or Do Governor intends to formulate an urban/Gun management plan pursuant to the proviso to Article 4 (1), he/she shall forward a draft urban/Gun management plan to the relevant 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, specifying a deadline for hearing opinions from residents. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(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, upon receipt of the draft urban/Gun management plan forwarded under paragraph (2), shall hear residents' opinions on the relevant draft urban management plan by the specified deadline, and submit the results to the Minister of Land, Infrastructure and Transport or Do Governor. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(4) Necessary matters concerning hearing opinions from residents under paragraph (1) shall be determined by ordinances of the relevant local government according to the standards prescribed by Presidential Decree.
(5) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun shall hear opinions of the relevant local council on matters prescribed by Presidential Decree before formulating an urban/Gun management plan. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(6) Paragraphs (2) and (3) shall apply mutatis mutandis to cases where the Minister of Land, Infrastructure and Transport or Do Governor hears opinions of a local council under paragraph (5). In such cases, "residents" shall be construed as "local council". <Amended by Act No. 11690, Mar. 23, 2013>
 Article 8 (Determination of Urban/Gun Management Plans)
(1) Urban/Gun management plans shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall consult with the heads of the relevant central administrative agencies in advance before he/she determines an urban/Gun management plan. In such cases, upon receipt of a request from the Minister of Land, Infrastructure and Transport for consultation, the heads of the relevant central administrative agencies shall present their opinions within 30 days after the receipt of such request. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall determine an urban/Gun management plan after submitting such plan to the Central Urban Planning Committee established under Article 106 of the National Land Planning and Utilization Act for deliberation. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Land, Infrastructure and Transport deems that an urban/Gun management plan requires confidentiality for national defense (limited to matters requested by the Minister of National Defense), he/she may waive the procedures referred to in paragraphs (2) and (3) for all, or any part of such urban management plan. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(5) Paragraphs (2) through (4) shall apply mutatis mutandis to any modification to the urban/Gun management plan determined: Provided, That the same shall not apply to any modification to insignificant matters prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011>
(6) Where the Minister of Land, Infrastructure and Transport determines an urban/Gun management plan, he/she shall publish the urban management planning, as prescribed by Presidential Decree, and make the relevant documents available for public inspection. In such cases, the Minister of Land, Infrastructure and Transport shall send the documents related to the determined urban/Gun management plan to the relevant 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 so that such documents are available for public inspection. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(7) Determination of an urban/Gun management plan shall take effect on the date of publication under paragraph (6). <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11838, May 28, 2013>
 Article 9 (Publication of Topographical Drawings for Urban/Gun Management Plans)
Where the Minister of Land, Infrastructure and Transport publishes the determination of an urban/Gun management plan pursuant to Article 8 (6), he/she shall prepare and publish a drawing (hereinafter referred to as "topographical drawing") that shows matters of urban/Gun management plan on a topographical map on which cadastral matters of land in the relevant urban area are indicated together with the determination, as prescribed by Presidential Decree. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to the preparation, publication, etc. of topographical drawings.
[This Article Wholly Amended by Act No. 11838, May 28, 2013]
 Article 10 Deleted. <by Act No. 11838, May. 28, 2013>
 Article 11 (Formulation, etc., of Management Plans for Development Restriction Zones)
(1) The Mayor/Do Governor having jurisdiction over a development restriction zone shall formulate a five-year management plan for development restriction zones (hereinafter referred to as "management plan") which includes the following matters and obtain approval therefor from the Minister of Land, Infrastructure and Transport to manage the relevant development restriction zones comprehensively: <Amended by Act No. 10265, Apr. 15, 2010; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013; Act No. 12372, Jan. 28, 2014; Act No. 13670, Dec. 29, 2015>
1. Objectives of and basic direction-setting for the management of the relevant development restriction zone;
2. Current status and fact-finding surveys of the relevant development restriction zone;
3. Utilization and conservation of land within the relevant development restriction zone;
4. Establishment of urban/Gun planning facilities as defined in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning facilities") within the relevant development restriction zone: Provided, That a management plan for urban planning facilities stipulated by the Minister of Land, Infrastructure and Transport which fall under Article 12 (1) 1 (a) and (b) need not be formulated;
5. Construction of a building larger than that prescribed by Presidential Decree and alteration of the form and quality of land within a development restriction zone: Provided, That a case that falls under any of the following items shall be excluded:
(a) Where a building under Article 12 (1) 1 (d), which is determined by the Minister of Land, Infrastructure and Transport, is constructed;
(b) Where a building under Article 13 is extended on an existing site created before the development restriction zone is designated;
5-2. Matters related a rearrangement project;
6. Designation and upgrades of village districts under Article 15;
7. Resident support projects referred to in Article 16 (hereinafter referred to as "resident support projects");
8. Raising and operating financial resources required for managing the relevant development restriction zones and for performing resident support projects;
9. Other matters prescribed by Presidential Decree for rational management of the relevant development restriction zone.
(2) Where the Mayor/Do Governor intends to amend a management plan, he/she shall obtain approval therefor from the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply where the Mayor/Do Governor intends to amend insignificant matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a development restriction zone straddles between at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing City or Dos, relevant Mayors/Do Governors shall jointly formulate a management plan or designate a person to formulate a management plan through consultation. In such cases, where such consultation of the relevant Mayors/Do Governors fails to reach an agreement, the Minister of Land, Infrastructure and Transport shall designate a person to formulate a management plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May. 28, 2013>
(4) Notwithstanding paragraphs (1) and (3), where matters concerning paragraph (1) 4 and 5 fall under the State plan under subparagraph 14 of Article 2 of the National Land Planning and Utilization Act, the Minister of Land, Infrastructure and Transport may formulate or alter a management plan after hearing opinions of the competent Mayor/Do Governor and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Newly Inserted by Act No. 11838, May. 28, 2013>
(5) Where a Mayor/Do Governor intends to formulate or alter a management plan, he/she shall hear opinions of the head of relevant Si/Gun/Gu in advance and have the management plan deliberated by the local urban planning committee under Article 113 of the National Land Planning and Utilization Act: Provided, That this shall not apply where the Mayor/Do Governor intends to amend insignificant matters prescribed by Presidential Decree. <Amended by Act No. 10265, Apr. 15, 2010; Act No. 11838, May 28, 2013>
(6) A Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of relevant Si/Gun/Gu who intends to present his/her opinions on the management plan pursuant to paragraph (4) or (5) shall hear opinions from residents in advance, as prescribed by Presidential Decree: Provided, That this shall not apply where it needs to keep confidential for national defense purposes. <Amended by Act No. 11838, May 28, 2013>
(7) Where the Minister of Land, Infrastructure and Transport intends to grant approval for the formulation or alteration of a management plan pursuant to paragraph (1) or (2), or to directly formulate or alter a management plan pursuant to paragraph (4), he/she shall consult with the head of a relevant central administrative agency in advance and have the management plan deliberated by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(8) Where a Mayor/Do Governor obtains approval for the formulation or alteration of a management plan pursuant to paragraph (1) or (2), he/she shall make it available for public inspection after publishing details of such approval as prescribed by Presidential Decree.
(9) Where the Minister of Land, Infrastructure and Transport determines a management plan that he/she directly formulates or alters under paragraph (4), he/she shall publish it in the official gazette and send copies of relevant documents to the competent Mayors/Do Governors, and the Mayors/Do Governors who receive the copies of relevant documents shall make them available for public inspection. <Newly Inserted by Act No. 11838, May 28, 2013>
(10) Where a Mayor/Do Governor or the head of a Si/Gun/Gu manages a development restriction zone, such as permitting the construction of buildings and installation of structures, permitting the alteration of the form and quality of land, designating a village district under Article 15, performing resident support projects, etc., he/she shall not violate a management plan.
(11) Basic principles for the formulation of a management plan, standards for the preparation of a plan for managing development restriction zones and drawings and other necessary matters concerning the formulation of a management plan shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[The paragraph (1) 5-2 of this Article shall remain effective until Dec. 31, 2020 in accordance with the provisions of Article 2 of Act No. 13670 (Dec. 29, 2015)]
 Article 12 (Restriction of Acts within Development Restriction Zones)
(1) Constructing buildings and changing their uses, installing structures, changing the form and quality of land, felling bamboo and trees, dividing land, stockpiling articles, or performing urban/Gun planning projects as defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning project") shall be prohibited within development restriction zones: Provided, That any person who intends to do any of the following acts shall obtain permission therefor from the a Special Self-Governing City Mayor or a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/Gu"): <Amended by Act No. 9436, Feb. 6, 2009; Act No. 10265, Apr. 15, 2010; Act No. 10599, Apr. 14, 2011; Act No. 11054, Sep. 16, 2011; Act No. 11838, May 28, 2013; Act No. 12372, Jan. 28, 2014; Act No. 13670, Dec. 29, 2015>
1. Constructing or installing any of the following buildings or structures which are prescribed by Presidential Decree, and changing the form and quality of land resulting from such construction or installation:
(a) Facilities useful for the retention and maintenance of a development restriction zone, such as parks, green areas, outdoor sports facilities, or small-scale indoor sports facilities installed by the head of a Si/Gun/Gu for leisure activities of senior citizens;
(b) Linear facilities passing through a development restriction zone, such as roads and railroad, and requisite accompanying the facilities;
(c) Facilities that must be located in a development restriction zone to ensure the achievement of their functions and purposes because it is impractical to have such facilities in an area, other than a development restriction zone;
(d) Facilities for national defense and military purposes and correctional installations;
(e) Facilities for residence, living convenience, and livelihood of residents in a development restriction zone;
1-2. Acts of establishing in a rearrangement project zone any facility prescribed by Presidential Decree which is a facility necessary for a rearrangement project such as a urban park and a logistics warehouse, and the changing of the form and quality of land accompanying such acts;
2. Relocating buildings within a development restriction zone into a village district designated under Article 15;
3. Creating a settlement complex to accomodate buildings removed from a development restriction zone due to any public work referred to in Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (limited to public works executed within development restriction zones; hereafter the same shall apply in this paragraph);
3-2. Relocating houses, factories, or religious facilities which have existed as at the time of designation of a development restriction zone and which cannot be relocated to a village district, to any areas other than village districts, among buildings to be removed by the execution of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
4. Changing the form and quality of land for the purposes of farming or other reasons prescribed by Presidential Decree, which do not result in construction of any building;
5. Felling bamboo and trees, the area and quantity of which exceeds the scale prescribed by Presidential Decree;
6. Dividing land within the extent prescribed by Presidential Decree;
7. Stockpiling articles prescribed by Presidential Decree, such as sand, gravel, earth and stones for a period set by Presidential Decree;
8. Altering the use of any building prescribed by Presidential Decree among buildings referred to in subparagraph 1 or Article 13 to other use prescribed by Presidential Decree, including for the use of neighborhood convenience facilities;
9. Construction of a building prescribed by Presidential Decree from among facilities under subparagraph 1 (e), on land of which land category, which was a building site at the time of designation of development restriction zone, has been changed after designation of development restriction zone and alteration of form and quality of land appurtenant thereto.
(2) Where the head of a Si/Gun/Gu grants permission pursuant to the proviso to paragraph (1) and acts to be permitted are those that can be performed only after a management plan under Article 11 is formulated, he/she may grant permission for such acts only in cases where a management plan is formulated beforehand. <Newly Inserted by Act No. 11838, May. 28, 2013>
(3) Notwithstanding the proviso to paragraph (1), acts prescribed by Presidential Decree, such as renovation of housing or neighborhood convenience facilities may be done after filing a report thereon with the head of a Si/Gun/Gu.
(4) Notwithstanding the proviso to paragraph (1) and paragraph (3), insignificant acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport may be performed without obtaining permission or filing a report. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May. 28, 2013>
(5) Where the head of a Si/Gun/Gu intends to grant permission to construct a building or to alter the form and quality of land in size greater than that prescribed by Presidential Decree from among acts prescribed in the subparagraphs of paragraph (1), he/she shall hear opinions of residents, consult with the heads of relevant administrative agencies, and have such matter deliberated by the Urban Planning Committee of the relevant Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That this shall not apply where urban/Gun planning facilities or facilities for national defense and military purposes from among facilities under paragraph (1) 1 (d) are installed and the form and quality of land are altered for the installation of such facilities. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11054, Sep. 16, 2011; Act No. 11838, May 28, 2013>
(6) The provisions concerning performance guarantees and reinstatement under Articles 60 and 64 (3) and (4) of the National Land Planning and Utilization Act and the provisions concerning completion inspections under Article 62 of the same Act shall apply mutatis mutandis to the granting of permission pursuant to the proviso to paragraph (1).
(7) Where a person has already commenced a construction work or project after obtaining permission, etc., under relevant statutes for acts prescribed in the subparagraphs of paragraph (1) and in paragraph (3) (including cases in which obtaining permission, etc. under relevant statutes is unnecessary) at the time relevant area is designated as a development restriction zone, he/she may continue such work or project, as prescribed by Presidential Decree. <Amended by Act No. 11838, May 28, 2013>
(8) Detailed standards for permission or reporting, such as scale, height and location of buildings or structures subject to permission or reporting pursuant to the proviso to paragraph (1), landscaping in a lot, building-to-land ratio, floor space ratio, division of land and scope of changing form and quality of land shall be prescribed by Presidential Decree.
(9) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor publicly announces an implementation plan pursuant to Article 91 of the National Land Planning and Utilization Act to install public facilities prescribed in subparagraph 13 of Article 2 of the same Act from among facilities under the items of paragraph (1) 1, the relevant urban/Gun planning facility project shall be deemed permitted under the proviso to paragraph (1). <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11054, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013>
(10) Where a person who intends to be deemed granted with permission pursuant to paragraph (9) applies for authorization for an implementation plan, he/she shall also submit documents necessary for permission; and where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor prepares an implementation plan or grants authorization for an implementation plan, he/she shall pre-consult with the head of a Si/Gun/Gu having jurisdiction thereover. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
[Paragraph (1) 9 of this Article shall remain effective until Dec. 31, 2015 pursuant to the provisions of Article 2 of Addenda to Act No. 12372, Jan. 28, 2014]
[The Paragraph (1) 1 of this Article shall remain effective until Dec. 31, 2020 in accordance with the provisions of Article 2 of Act No. 13670 (Dec. 29, 2015)]
 Article 12-2 (Restrictions, etc. on Permission for Certain Acts by Mayors/Do Governors)
(1) If deemed specially necessary for preserving and managing development restriction zones, a Mayor/Do Governor may restrict permission for certain acts referred to in the proviso to and subparagraphs of Article 12 (1) from the head of a Si/Gun/Gu.
(2) Where restricting permission for certain acts pursuant to paragraph (1), a Mayor/Do Governor shall undergo the deliberation of the City/Do Urban Planning Committee under Article 113 (1) of the National Land Planning and Utilization Act after hearing the residents’ opinions pursuant to Article 7.
(3) The restriction period under paragraph (1) shall be within two years: Provided, that it may be extended up to one year on only one occasion.
(4) Where a Mayor/Do Governor restricts permission for certain acts pursuant to paragraph (1), he/she shall determine in detail the purpose, period and object of the restriction, and the location, area, boundary, etc. of the zone subject to restriction on permission for certain acts and notify them to the head of the competent Si/Gun/Gu, who, in turn, shall publicly announce them without delay.
(5) Where a Mayor/Do Governor restricts permission for certain acts pursuant to paragraph (1), he/she shall report such to the Minister of Land, Infrastructure and Transport, who may order the release of such restriction if the content thereof is deemed excessive.
[This Article Newly Inserted by Act No. 14846, Aug. 9, 2017]
 Article 13 (Special Cases on Existing Buildings, etc.)
Where existing sites, buildings or structures in a development restriction zone are inconsistent with this Act due to the amendment or abrogation of statutes or other grounds specified in Presidential Decree, the head of the relevant Si/Gun/Gu may grant permission for construction of buildings or installation of structures within such development restriction zone, as prescribed by Presidential Decree.
 Article 13-2 (Notification of Permission, Reporting, etc.)
Where the head of a Si/Gun/Gu (referring to the relevant permitting authority or a person to whom a report is filed, where consultation has been had, which is construed as permission or reporting under Article 12 (1) or (3) or Article 13 as prescribed by other statutes) grants permission or receives a report pursuant to the proviso to Article 12 (1) and (3), or pursuant to Article 13, he/she shall without delay inform the Minister of Land, Infrastructure and Transport of the details thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
[This Article Newly Inserted by Act No. 9436, Feb. 6, 2009]
 Article 13-3 (Formation, Operation, etc. of Management Computer Networks for Development Restriction Zones)
(1) The Minister of Land, Infrastructure and Transport may build and operate a management computer network for development restriction zones (hereinafter referred to as "management computer network") in order to efficiently designate and manage development restriction zones and efficiently execute the projects referred to in Article 16. <Amended by Act No. 11054, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport may request the heads of local governments to submit data or provide information necessary for forming and operating the management computer network, and the heads of local governments in receipt of such request shall comply therewith except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the head of a local government has submitted data or provided information pursuant to paragraph (2), he/she is deemed to have given notification under Articles 13-2 and 22 (2), or to have submitted data or provided information under Article 30 (5).
(4) The management computer network may utilize data or information in connection with the information systems referred to in Article 6-2 of the Social Welfare Services Act. <Newly Inserted by Act No. 11054, Sep. 16, 2011; Act No. 11838, May 28, 2013>
(5) Necessary matters concerning the formation and operation of the management computer network shall be stipulated by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9436, Feb. 6, 2009]
 Article 13-4 (Assignment of Public Officials at Development Restriction Zones, and Other Matters)
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do governor, or the head of a Si/Gun/Gu shall assign state public officials, local public officials, and registered security guards under the jurisdiction of the relevant local government, who are in charge of the affairs concerning the management of development restriction zones and the prevention and control of illegal acts committed therein (hereinafter referred to as “managerial public officials, etc.”), as prescribed by Presidential Decree.
(2) Where managerial public officials, etc. assigned pursuant to paragraph (1) discover any illegal act through patrols, etc. in their jurisdictional areas, they shall report such act without delay to the heads of the agencies to which they belong.
[This Article Newly Inserted by Act No. 14846, Aug. 9, 2017]
 Article 14 (Relations with other Acts)
(1) Matters permitted under the proviso to Article 12 (1) or 13 and consulted by the head of the relevant Si/Gun/Gu with the heads of relevant administrative agencies under paragraph (2) shall be deemed to have been permitted, consulted or reported as follows: <Amended by Act No. 10331, May. 31, 2010>
1. Permission for and reporting on the conversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and reporting on the temporary use of mountainous districts under Article 15-2 of the same Act, and permission for and reporting on the felling of trees under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;
2. Permission for or reporting on activities to be performed under Article 7 (4) of the Water Supply and Waterworks Installation Act;
3. Permission for occupying urban parks under Article 24 (1) of the Act on Urban Parks, Green Areas, Etc. and permission for activities to be performed within urban natural park zones under the proviso to Article 27 (1) of the same Act;
4. Permission for occupying river, etc. under Article 33 of the River Act and permission for using river water under Article 50 of the same Act.
(2) Where matters permitted by the head of a Si/Gun/Gu under the proviso to Article 12 (1) or 13 or matters reported to the head of a Si/Gun/Gu under Article 12 (3) include the matters referred to in paragraph (1), the head of the relevant Si/Gun/Gu shall first consult with the heads of relevant administrative agencies. <Amended by Act No. 11838, May 28, 2013>
 Article 15 (Special Cases on Village Districts)
(1) A Mayor/Do Governor may designate a village (including a settlement complex described in Article 12 (1) 3) that is a clustered human settlement, located in a development restriction zone as a village district under Article 37 (1) 8 of the National Land Planning and Utilization Act (hereinafter referred to as "village district").
(2) Matters concerning standards for designation and rearrangement of village districts, such as the number of houses required for constituting a village district, the number of houses per unit area and the basis for drawing boundaries of a village district, shall be determined by Presidential Decree.
(3) The usage, height, total floor area and building-to-land ratio of any building constructed in a village district shall be determined separately by Presidential Decree, notwithstanding Article 12 (8). <Amended by Act No. 11838, May 28, 2013>
 Article 16 (Resident Support Projects, etc.)
(1) Each Mayor/Do Governor and the head of a Si/Gun/Gu may perform the following projects in accordance with a management plan: <Amended by Act No. 9436, Feb. 6, 2009; Act No. 12372, Jan. 28, 2014>
1. Support projects for enhancing the living convenience and welfare of residents in a development restriction zone and for subsidizing living expenses to such residents;
2. Projects for reinstating a damaged area for the preservation, maintenance, etc. of a development restriction zone.
(2) The Minister of Land, Infrastructure and Transport may subsidize expenses incurred in implementing projects falling under the subparagraphs of paragraph (1) with the funds paid from the special accounts on balanced national development established under the Special Act on Balanced National Development. In such cases, the Minister of Land, Infrastructure and Transport shall determine the standards for support, the amount of subsidization, etc. upon comprehensively considering the performance records of affairs concerning corrective orders under Article 30, the imposition and collection of non-performance penalties under Article 30-2, the imposition and collection of fines for negligence under Article 34, management status of development restriction zones, and other relevant matters. <Amended by Act No. 9436, Feb. 6, 2009; Act No. 9629, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12215, Jan. 7, 2014; Act No. 15489, Mar. 20, 2018>
(3) The Minister of Land, Infrastructure and Transport may give priority to subsidizing the construction of any housing in a village district that is designated under Article 15 (1) with the Housing and Urban Fund established under the Housing and Urban Fund Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12989, Jan. 6, 2015>
(4) Details of projects prescribed in paragraph (1) and necessary matters concerning performance of such projects shall be prescribed by Presidential Decree. <Amended by Act No. 9436, Feb. 6, 2009>
 Article 16-2 (Applications for Subsidization of Living Expenses)
(1) Any person prescribed by Presidential Decree among residents of development restriction zones may file an application for the subsidization of living expenses under Article 16 (1) 1.
(2) When filing an application under paragraph (1), the applicant and the family members in the same household shall submit a written consent to the provision of the following data or information:
1. Average amount of balance of bank accounts, of data or information on financial assets and financial transactions as defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information");
2. Amount of debts, of credit information as defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information");
3. Premiums paid after purchase of the insurances referred to in the subparagraphs of Article 4 (1) of the Insurance Business Act and other insurance-related data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
(3) Matters necessary for the method and procedure for filing applications for subsidization under paragraph (1), method and procedure for giving consents under paragraph (2), and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11054, Sep. 16, 2011]
 Article 16-3 (Provision of Financial Information, etc.)
(1) Where the Minister of Land, Infrastructure and transport or the head of a Si/Gun/Gu subsidizes living cost pursuant to Article 16 (1) 1 and 2, in order to evaluate the property of a person who applies for subsidization pursuant to Article 16-2 (hereinafter referred to as “applicant for subsidization) and his/her family members, he/she may request the heads of financial institutions, etc. (referring to financial companies, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies as defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") in electronic form that is converted from the written consents submitted under Article 16-2 (2) by applicants for subsidization and their family members, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Credit Information Use and Protection Act. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) and (3) of the Credit Information Use and Protection Act, the head of any financial institution, etc. in receipt of a request to provide financial information, etc. in accordance with paragraph (1) shall provide the financial information, etc. of the nominal person.
(3) The head of a financial institution, etc. who has provided financial information, etc. pursuant to paragraph (2) shall notify the nominal person of the fact that he/she has provided the financial information, etc. of the nominal person: Provided, That he/she may elect not to give such notice where the nominal person has given consent thereto, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Credit Information Use and Protection Act. <Amended by Act No. 13216, Mar. 11, 2015>
(4) Every request for provision of financial information, etc. prescribed in paragraphs (1) and (2) and the provision thereof shall be made via the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Provided, That the same shall not apply where any unavoidable circumstances exist, such as the breakdown of the information and communications network.
(5) No one that has performed or currently performs affairs referred to in paragraphs (1) and (2) or who was or is delegated or entrusted with authority pursuant to Article 29 shall use the financial information, etc., he/she has acquired in the course of performing his/her duties for any purpose other than the purposes prescribed in this Act or provide or divulge such information to any third person or institution.
(6) Necessary matters for filing requests for provision of financial information, etc. and providing such financial information, etc. pursuant to paragraphs (1), (2) and (4), and other relevant matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11054, Sep. 16, 2011]
 Article 16-4 (Requests for Submission of Data, etc.)
(1) The Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may request a person who has filed an application for subsidization or person for whom subsidization has been determined, to submit documents necessary for verifying his/her eligibility for subsidization or other data on income, property, etc., and when he/she deems that it is impracticable to obtain data necessary for verifying the eligibility for subsidization or the data submitted has any false description, he/she may require affiliated public officials to make necessary inquiries to relevant persons, or inspect documents, etc. by entering the place of residence or other necessary places upon obtaining the consent of the person who has filed an application for subsidization and the person for whom subsidization has been determined. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If necessary for performing inspections or subsidization affairs under paragraph (1), the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may request the heads of relevant agencies to provide data on the family relationships, national taxes, local taxes, buildings or health insurance, national pension, etc. of a person who has filed an application for subsidization. In such cases, the head of an agency in receipt of the request to provide data shall comply therewith except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any person who enters, conducts an inspection, or makes inquires pursuant to paragraph (1) shall carry a certificate of identification indicating his/her authority and produce it to relevant persons.
(4) When a person who has filed an application for subsidization or a person for whom subsidization has been determined refuses to submit documents or data as referred to in paragraph (1), or refuses, interferes with or evades an inspection or inquires, the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may elect not to subsidize expenses under Article 16-2, or cancel or change the determination of subsidization. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The scope and details of, and timing for entrance, inspections or inquiries under paragraph (1), and other relevant matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11054, Sep. 16, 2011]
 Article 17 (Applications for Land Purchase)
(1) Where the designation of a development restriction zone substantially diminishes the usefulness of land owned by any of the following persons and located within the development restriction zone as it becomes impossible for him/her to use such land for the original purpose or substantially prevents the use of such land or profit-making from such land (hereinafter referred to as "land to be purchased"), the owner of such land may submit an application for the purchase of land to the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. A person who has continued to own the relevant land since a development restriction zone was designated;
2. A person who has acquired the relevant land before it was substantially impossible to use, or make profits from, such land and has continued to own such land;
3. A person who has owned the relevant land since he/she inherited such land from the person falling under subparagraph 1 or 2.
(2) Where land, an application for the purchase of which is submitted under paragraph (1) satisfies the standards of paragraph (3), the Minister of Land, Infrastructure and Transport shall purchase such land. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Specific standards for determining whether to purchase land shall be prescribed by Presidential Decree.
 Article 18 (Procedures, etc. for Application for Land Purchase)
(1) The Minister of Land, Infrastructure and Transport shall notify an applicant for land purchase as to whether such land is purchased and the estimated purchase price, etc., within two months after the receipt of the application for land purchase. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport has notified an applicant for land purchase that such land is to be purchased pursuant to paragraph (1), he/she shall formulate a purchase plan and purchase such land within a period set by Presidential Decree up to five years after the date of notification. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The price of the land intended to be purchased (hereinafter referred to as "purchase price") shall be the amount calculated by appraising the land, considering its location, shape, environment, using situation, etc., on the basis of its officially announced land price under the Act on the Public Announcement of Real Estate Values. In such cases, the timing for, and method of, computing purchase prices, and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 13796, Jan. 19, 2016>
(4) Land purchased under paragraphs (1) through (3) shall belong to the property of the special accounts on balanced national development established under the Special Act on Balanced National Development. <Amended by Act No. 9629, Apr. 22, 2009; Act No. 12215, Jan. 7, 2014; Act No. 15489, Mar. 20, 2018>
(5) Procedures for land purchase and other matters necessary to purchase land under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 19 (Bearing Costs)
(1) The Minister of Land, Infrastructure and Transport shall bear the burden of appraisal costs incurred in computing purchase prices. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Notwithstanding paragraph (1), where an applicant for land purchase withdraws his/her application for land purchase without justifiable grounds, the Minister of Land, Infrastructure and Transport may impose all or any portion of the appraisal costs on the applicant, as prescribed by Presidential Decree: Provided, That the same shall not apply to any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the purchase price has fallen below the estimated purchase price at a rate in excess of that prescribed by Presidential Decree;
2. Where the reason for filing an application for land purchase under Article 17 (1) has ceased to exist on the grounds prescribed by Presidential Decree, such as an amendment to or repeal of a statute or the extinction of pollution source.
(3) Where an applicant for land purchase fails to pay the costs imposed under the main body of paragraph (2), such costs shall be collected in the same manner as delinquent national taxes are collected.
 Article 20 (Purchase of Land, etc. through Consultation)
(1) The Minister of Land, Infrastructure and Transport may purchase land and any fixtures thereon (hereinafter referred to as "land, etc.") located within a development restriction zone through consultation with the owner of such land, etc. to the extent necessary to attain the object of designating the development restriction zone. In such cases, Article 18 (4) shall apply mutatis mutandis to the reversion of land, etc. purchased. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Articles 67 (1), 70, 71, 74, 75, 76, 77, and 78 (5), (6) and (9) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the timing of, standards for and methods of computing the price of land, etc. in a development restriction zone to be purchased through consultation under paragraph (1).
 Article 21 (Charges for Preservation of Development Restriction Zones)
(1) The Minister of Land, Infrastructure and Transport shall impose and collect charges for preservation of development restriction zones (hereinafter referred to as "charges") on/from the following persons in order to secure financial resources necessary for preserving and maintaining development restriction zones: <Amended by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013>
1. A development project operator of an area subject to release, who is permitted not to propose the reinstatement plan, or not to implement reinstatement pursuant to Article 4 (6);
2. A person who obtains permission under the proviso to Article 12 (1) or Article 13 (referring to permission for changing the form and quality of land or a building permit, and including permission under the proviso to Article 12 (1) or Article 13 deemed granted following consultation under other statutes).
(2) Where a person liable to pay charges (hereinafter referred to as "person liable to pay charges") is an association prescribed by Presidential Decree and such association falls under any of the following subparagraphs, the members of such association (referring to the members of an association, if dissolved, at the time of dissolution) shall pay charges:
1. Where the association is dissolved;
2. Where the property of the association is insufficient to pay charges, additional dues, etc. which are imposed on and collected from such association.
 Article 22 (Notification of Data for Imposition of Charges)
(1) Where a decision-making authority of a development plan for an area subject to release under Article 4 (5) decides on the development plan, it shall promptly inform the Minister of Land, Infrastructure and Transport of the details thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the head of a Si/Gun/Gu (referring to the relevant permitting authority where permission is deemed granted under the proviso to Article 12 (1) or Article 13 following consultation under with other statutes) grants permission pursuant to the proviso to Article 12 (1) or Article 13, he/she shall promptly inform the Minister of Land, Infrastructure and Transport of the details thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9436, Feb. 6, 2009]
 Article 23 Deleted. <by Act No. 9436, Feb. 6, 2009>
 Article 24 (Standards for Computing Charges)
(1) Charges under Article 21 (1) 1 shall be computed by multiplying 15/100 of the average of the officially assessed individual land price per square meter of an area subject to release by the size of the relevant area. In such cases, the size of those that are not used for the purpose of a development project but are maintained, such as sea, rivers, ditches, banks, and roads, which are prescribed by Presidential Decree, shall be excluded. <Amended by Act No. 12011, Aug. 6, 2013; Act No. 13670, Dec. 29, 2015>
(2) Charges under Article 21 (1) 2 shall be the amount computed by the following formula: <Amended by Act No. 11838, May. 28, 2013>
Charges = (Average of officially assessed value of individual land located outside of a development restriction zone that has the same land category as that of the land in question located in the development restriction zone, which are located in the same Special Self-Governing City, Special Self-Governing Province, Si/Gun/autonomous Gu Officially assessed value of individual land subject to permission) × Two times the area of land of which alteration of form and quality is permitted and the floor area of a building × Rate of imposition by facility within the scope of 150/100, which is stipulated by attached Table.
(3) Officially assessed individual land prices referred to in paragraphs (1) and (2) shall be based on the officially assessed individual land prices published immediately before decision on the development plan for an area subject to release under Article 4 (5) is made, and permission under the proviso to Article 12 (1) or 13 is granted.
(4) Other matters necessary for the computation of charges shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9436, Feb. 6, 2009]
 Article 25 (Imposition, Collection, Payment, etc., of Charges)
(1) The Minister of Land, Infrastructure and Transport shall impose charges immediately after being notified of the details under Article 22, and promptly impose charges under Article 21 (1) 1 on any person who fails to implement reinstatement under Article 4 (4). <Amended by Act No. 9436, Feb. 6, 2009; Act No. 11838, May 28, 2013>
(2) The payment deadline for a charge shall be six months from the date on which it is imposed: Provided, That if deemed that there exists an inevitable ground, the payment deadline may be extended within one year or a charge may be paid in installments, with the permission of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 14086, Mar. 22, 2016>
(3) Where the Minister of Land, Infrastructure and Transport allows extending payment deadline for charges or paying charges in installments pursuant to the proviso to paragraph (2), he/she shall additionally collect the amount equivalent to the interest at the interest rate prescribed by Presidential Decree on the portion of charges for which payment deadline is extended or payment is made in installments. <Newly Inserted by Act No. 11838, May 28, 2013>
(4) A charge may be paid in cash or by means of a credit card or direct payment card (hereinafter referred to as “credit card, etc.”) via an agency for vicarious payment determined by Presidential Decree. Upon request by any obligor, the Minister of Land, Infrastructure and Transport may allow the obligor to pay the charge with the land subject to the imposition or other similar land. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14086, Mar. 22, 2016>
(5) In case of paying a charge by means of a credit card, etc., in accordance with the main sentence of paragraph (4), the approval date by an agency for vicarious payment shall be deemed to be the payment date of the charge. <Newly Inserted by Act No. 14086, Mar. 22, 2016>
(6) Where an obligor fails to pay by the payment deadline, the Minister of Land, Infrastructure and Transport shall send that person a notice on urge for payment within ten days after the payment deadline lapses. In such cases, the payment deadline for the charge shall be 15 days from the date on which such notice is issued. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Where an obligor fails to pay by the payment deadline pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport may impose a surcharge equivalent to 3/100 of the charge. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(8) Where an obligor fails to pay a charge and a surcharge by the designated deadline after receiving a notice on urge for payment, the Minister of Land, Infrastructure and Transport may either revoke the relevant decision or permission or collect such charge and surcharge in the same manner as national taxes in arrears are collected. <Amended by Act No. 9436, Feb. 6, 2009; Act No. 11590, Mar. 23, 2013>
(9) Where the size of land subject to release decreases due to the decision of a development plan for areas subject to release under Article 4 (5), the revocation of permission under Article 30, the modification of the relevant project plan or other ground corresponding thereto, the Minister of Land, Infrastructure and Transport shall refund an amount equivalent to a charge to persons who has paid it, as prescribed by Presidential Decree. <Amended by Act No. 9436, Feb. 6, 2009; Act No. 11590, Mar. 23, 2013>
(10) Matters necessary for the methods and procedures for imposition, collection, payment, and refund of charges, the designation, revocation of designation, operation, and fees for vicarious payment, of agencies for vicarious payment shall be prescribed by Presidential Decree. <Amended by Act No. 11838, May 28, 2013>
 Article 26 (Attribution and Uses of Charges)
(1) The collected charges shall be attributed to the special accounts on balanced national development established under the Special Act on Balanced National Development. <Amended by Act No. 9629, Apr. 22, 2009; Act No. 12215, Jan. 7, 2014; Act No. 15489, Mar. 20, 2018>
(2) The collected charges shall be used to pay expenses in the following subparagraphs: <Amended by Act No. 9436, Feb. 6, 2009; Act No. 11838, May 28, 2013>
1. Resident support projects under Article 16 (1);
2. Purchase of land, etc. under Articles 17 and 20;
3. Reinstatement of a damaged area, projects for creating a park, afforestation, creating leisure and sports spaces, etc. in development restriction zones;
4. Surveys and research for the designation of development restriction zones and release therefrom;
5. Prevention and control of illegal acts in development restriction zones;
6. Inspection of actual condition of development restriction zones.
 Article 27 (Requests for Review)
(1) Any of the following persons may request a review by the Central Land Expropriation Committee established under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor:
1. Any person who is dissatisfied with a decision as to whether his/her land is purchased or the purchase price of land which he/she has been notified under Article 18;
2. Any person who is dissatisfied with the imposition and collection of charges under Article 21.
(2) Any review requested under paragraph (1) shall be decided by deliberation and resolution by the Central Land Expropriation Committee, notwithstanding Article 6 of the Administrative Appeals Act. <Amended by Act No. 9436, Feb. 6, 2009; Act No. 9968, Jan. 25, 2010>
 Article 28 (Reversion of Public Facilities)
Article 65 of the National Land Planning and Utilization Act shall apply to the reversion of public facilities falling under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act, which are installed with permission granted under the proviso to Article 12 (1).
 Article 29 (Delegation and Entrustment of Authority, etc.)
(1) The Minister of Land, Infrastructure and Transport may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013>
(2) Where a Mayor/Do Governor or head of a Si/Gun/Gu performs business affairs prescribed by Presidential Decree from among business affairs, the authority of which is delegated in accordance with paragraph (1), he/she shall pre-consult with the Minister of Land, Infrastructure and Transport about the necessity for deliberation, etc., of the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act. In such cases, the Mayor/Do Governor or head of a Si/Gun/Gu shall comply with the opinion resulting from such consultation with the Minister of Land, Infrastructure and Transport unless extenuating circumstances exist. <Newly Inserted by Act No. 13670, Dec. 29, 2015>
(3) The business affairs of the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may partially be entrusted to the Minister of Health and Welfare, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11054, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport may entrust business affairs concerning the purchase of land, etc., pursuant to Articles 17 through 20 to an institution or organization conducting business affairs concerning the acquisition, management, etc., of land, etc., as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 30 (Administrative Dispositions Taken against Violators of Statutes, etc.)
(1) Where the head of a Si/Gun/Gu uncovers any of the following acts, he/she may revoke permission therefor and order the relevant violator (including an owner, manager or occupant of a building, structure and land used for a violation; hereinafter referred to as "violator, etc.") to suspend works, to remove, close, remodel or relocate the relevant building, structure, etc. within a specified period, or to take any other necessary measures (hereinafter referred to as "corrective order"): <Amended by Act No. 9436, Feb. 6, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11838, May 28, 2013>
1. Where he/she has constructed a building, altered the uses of a building, installed a structure, changed the form and quality of land, divided land, stockpiled articles, felled bamboo and trees or performed an urban/Gun planning project without obtaining permission under the proviso to Article 12 (1) or 13 or in violation of any terms and conditions of permission granted;
2. Where he/she has obtained permission under the proviso to Article 12 (1) 13 by fraudulent or other unlawful means;
3. Where he/she has constructed a building, altered the uses of a building, installed a structure, altered the form and quality of land, felled bamboo and trees, divided land, stockpiled articles or performed an urban/Gun planning project without filing a report under Article 12 (3), or in violation of the details of the report.
(2) Where the head of a Si/Gun/Gu neglects to perform his/her duties concerning a corrective order, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may order the head of a Si/Gun/Gu to perform the duties more strictly within a specified period. In such cases, where the Minister's order is not complied with, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may directly issue a corrective order, and the Minister of Land, Infrastructure and Transport may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Administrator of a Regional Construction and Management Administration having jurisdiction over the relevant area to implement such order. <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013; Act No. 14846, Aug. 9, 2017>
(3) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor (limited to where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor directly implements a corrective order or the Minister of Land, Infrastructure and Transport requests the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the administrator of a Regional Construction and Management Administration having jurisdiction over the relevant area to implement such order; hereinafter the same shall apply in paragraphs (4) through (6)) may request the head of the competent Si/Gun/Gu to revoke permission granted to a violator, etc. with a profit-making intention or habitual violator, etc. among violators, etc. under paragraph (1). <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013; Act No. 14846, Aug. 9, 2017>
(4) The head of the competent Si/Gun/Gu in receipt of a request to revoke permission made under paragraph (3) shall revoke the relevant permission except in extenuating circumstances, and inform the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor of the results thereof. <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14846, Aug. 9, 2017>
(5) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request the head of the relevant Si/Gun/Gu to submit necessary data or information regarding orders issued under paragraph (2), and any person in receipt of such request shall comply therewith except in extenuating circumstances. <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14846, Aug. 9, 2017>
(6) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor issues a corrective order to a violator, etc. under paragraph (2), he/she shall inform the head of the relevant Si/Gun/Gu thereof. <Newly Inserted by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14846, Aug. 9, 2017>
(7) Where the head of the relevant Si/Gun/Gu intends to revoke permission in accordance with paragraphs (1) and (4), he/she shall hold a hearing. <Amended by Act No. 9436, Feb. 6, 2009>
 Article 30-2 (Non-Performance Penalties)
(1) The head of a Si/Gun/Gu shall impose a non-performance penalty within any of the following extents on a person who fails to comply with a corrective order pursuant to Article 30 (1) within the correction period after having been issued the corrective order: <Amended by Act No. 12956, Dec. 31, 2014; Act No. 13796, Jan. 19, 2016>
1. Where the violation of permission or violation of duty to report is for the construction of a building or alteration of the purpose of use: An amount calculated by multiplying the amount prescribed by Presidential Decree within 50 percent of the standard market price of the building pursuant to the Local Tax Act applicable to the building by the total floor area of the building used in the violation;
2. In case of a violation other than those under subparagraph 1: An amount calculated by multiplying by the space of the land used in committing the relevant violation such amount as is prescribed by Presidential Decree to the extent of 50/100 of the officially announced individual land price under the Act on the Public Announcement of Real Estate Values applicable to the land.
(2) The head of a Si/Gun/Gu shall give a prior written warning, to the effect that a non-performance penalty should be imposed and collected where a corrective order is not obeyed by the specified period before imposing the non-performance penalty pursuant to paragraph (1).
(3) The head of a Si/Gun/Gu shall impose a non-performance penalty pursuant to paragraph (1) in writing stating the amount of the non-performance penalty, the grounds for imposition, the payment deadline, the receiving agencies, the methods of filing objections, etc.
(4) The head of a Si/Gun/Gu may repeatedly impose and collect a non-performance penalty under paragraph (1) up to two occasions a year reckoning from the date on which the first corrective order is issued until the corrective order is obeyed.
(5) Where a person subject to a corrective order pursuant to Article 30 (1) complies with such order, the head of a Si/Gun/Gu shall stop imposing new non-performance penalty and instead collect the non-performance penalty already imposed.
(6) Where a non-performance penalty is not paid by the payment deadline specified under paragraph (3), it shall be collected in the same manner as national taxes and local taxes in arrears are collected or pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>
(7) Article 30 (2) shall apply mutatis mutandis to the imposition of non-performance penalties. In such cases, "corrective order" shall be construed as "imposition and collection of non-performance penalties." <Newly Inserted by Act No. 11838, May 28, 2013>
(8) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor imposes and collects a non-performance penalty pursuant to paragraph (7), he/she shall inform the head of the competent Si/Gun/Gu thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013; Act No. 14846, Aug. 9, 2017>
(9) Standards for the imposition of non-performance penalties pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9436, Feb. 6, 2009]
 Article 30-3 (Special Cases on Postponement of Collection of Non-Performance Penalties)
(1) Where a person who violated the alteration of purpose of use of a building under Article 30 (1) before December 31, 2014 satisfies all of the following requirements, the head of a Si/Gun/Gu may postpone the collection of a non-performance penalty until December 31, 2020, notwithstanding Article 30-2: <Amended by Act No. 15340, Dec. 30, 2017>
1. That the purpose of use of any of the following facilities, which are animal and plant related facilities, is altered, in violation of permission:
(a) A livestock shed, bean sprout growing shed, mushroom growing shed, or greenhouse;
(b) Other facilities prescribed by Presidential Decree;
2. That a written consent stating that he/she will, within a postponement period, comply with the corrective order under Article 30 (1) being the cause for collection of a non-performance penalty shall be submitted within six months, unless there is any unavoidable cause.
(2) Where any of the following is applicable to a violator who is granted postponement of collection of a non-performance penalty, the head of a Si/Gun/Gu shall collect the non-performance penalty even within the postponement period:
1. Where he/she fails to implement the written consent under paragraph (1) 2 in which he/she promised to comply with the corrective order within the postponement period;
2. Where he/she violates this Act again within the postponement period.
[This Article Newly Inserted by Act No. 12956, Dec. 31, 2014]
 Article 30-4 (Legal Fiction as Public Official in Application of Penalty Provisions)
Executive officers and employees of an institution or organization engaging in the business affairs entrusted pursuant to Article 29 (4) shall be deemed to be public officials in applying Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 14846, Aug. 9, 2017]
 Article 31 (Penalty Provisions)
(1) Any person who uses financial information, etc. for any purpose other than the purposes prescribed by this Act or provides or divulges such information to any third person or institution in violation of Article 16-3 (5) shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 30 million won.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended by Act No. 10599, Apr. 14, 2011>
1. Any person who constructs a building, changes the use of a building, installs a structure, changes the form and quality of land, fells bamboo and trees, divides land, stockpiles articles or performs an urban/Gun planning project without obtaining permission, or in contravention of any terms and conditions of permission granted under the proviso to Article 12 (1) or Article 13 for gains or habitually;
2. Any person who habitually fails to obey a corrective order issued under Article 30 (1);
3. Any person who obtains permission under the proviso to Article 12 (1) or Article 13 by fraudulent or other unlawful means.
[This Article Wholly Amended by Act No. 11054, Sep. 16, 2011]
 Article 32 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 10599, Apr. 14, 2011>
1. Any person who constructs a building, changes the use of a building, installs a structure, changes the form and quality of land, fells bamboo and trees, divides land, stockpiles articles or performs an urban/Gun planning project without obtaining permission, or in violation of any terms or conditions of permission granted under the proviso to Article 12 (1) or Article 13;
2. Any person who fails to obey a corrective order issued under Article 30 (1).
[This Article Wholly Amended by Act No. 9436, Feb. 6, 2009]
 Article 33 (Joint Penalty Provisions)
Where a representative of a corporation, an agent or employee of, or other persons employed by, a corporation or an individual commits any violations described in Article 31 or 32 in connection with the business affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
[This Article Wholly Amended by Act No. 9436, Feb. 6, 2009]
 Article 34 (Administrative Fines)
(1) Any person who commits a minor act prescribed by Presidential Decree without filing a report, in violation of Article 12 (3), shall be punished by an administrative fine not exceeding five million won. <Amended by Act No. 11838, May 28, 2013>
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.
(3) Article 30 (2) shall apply mutatis mutandis to the imposition of administrative fines. In such cases, "corrective order" shall be construed as "imposition and collection of non-performance penalties." <Newly Inserted by Act No. 11838, May 28, 2013>
(4) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor imposes and collects administrative fines pursuant to paragraph (3), he/she shall inform the head of the competent Si/Gun/Gu thereof. <Amended by Act No. 9436, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11838, May 28, 2013; Act No. 14846, Aug. 9, 2017>
(5) Deleted. <by Act No. 9436, Feb. 6, 2009>
ADDENDA
Article 1 (Period of Validity)
This Act shall take effect on or after the date of its promulgation: Provided, That the amended provisions of Article 14 (1) 4 shall take effect on April 7, 2008, and the amended provisions of Article 20 (2) on April 18, 2008.
Article 2 (Transitional Measures concerning Period of Validity)
The previous provisions of Articles 13 (1) 4 and 19 (2) which correspond to the amended provisions of Articles 14 (1) 4 and 20 (2) shall apply until such amended provisions take effect in accordance with the proviso to Article 1 of this Addenda.
Article 3 (Applicability to Charges)
Charges shall be imposed on a person who has applied for permission under the proviso to Article 11 (1), with the exception of subparagraphs, or Article 12 on or after the date when the Act on Special Measures for Designation and Management of Development Restriction Zones (Act No. 6241) entered into force (July 1, 2000).
Article 4 (Transitional Measures concerning Designation of Development Restriction Zones)
Any development restriction zone designated under Article 21 of the Urban Planning Act as of July 1, 2000, the Act on Special Measures for Designation and Management of Development Restriction Zones (Act No. 6241) entered into force shall be deemed to have been designated under this Act.
Article 5 (Transitional Measures concerning Restriction on Activities)
Where permission was obtained (including the cases where an application for permission was submitted), or a report was filed under the previous provisions before July 1, 2000, the Act on Special Measures for Designation and Management of Development Restriction Zones (Act No. 6241) entered into force, the standards for permission or report and the scope of activities permissible with a report shall be governed by the previous provisions, notwithstanding the proviso to Article 11 (1), with the exception of subparagraphs, or Article 12: Provided, That this Act shall apply when the previous provisions are unfavorable to a person who intends to perform the permitted activities.
Article 6 (General Transitional Measures concerning Dispositions, etc.)
Any activities engaged in by, or in relation to an administrative agency under the previous provisions at the time when this Act enters into force shall be deemed to have been engaged in by or in relation to an administrative agency under this Act corresponding thereto.
Article 7 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
The application of penalty provisions or administrative fines to any activities committed before this Act enters into force shall be governed by the previous provisions.
Article 8 Omitted.
Article 9 (Relations with Other Acts)
Where the previous Act on Special Measures for Designation and Management of Development Restriction Zones or the provisions thereof were cited in other statutes at the time when this Act enters into force, this Act or the corresponding provisions in this Act shall, if any, be deemed to have been cited in place of the previous provisions.
ADDENDA <Act No. 9436, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 30 and 30-2 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Charges)
The amended provisions of Articles 21 through 26 shall apply beginning with the first area released from a development restriction zone after this Act enters into force, and for which decision on a development plan under Article 4 (5) is rendered or permission under the proviso to Article 12 (1) or Article 13 is granted.
Article 3 (Special Cases on Permission for Facilities, Management Plan for which is Approved within Development Restriction Zones)
Facilities not in compliance with the amended provisions of Article 12 (1) 1 although their management plan is approved under the previous provisions before this Act enters into force may be permitted under the previous provisions only if consultation thereabout is held with the Minister of Land, Transport and Maritime Affairs within one year from the date this Act enters into force.
Article 4 (Transitional Measures concerning Restriction, etc. of Activities within Development Restriction Zones)
Any permission (including an application for permission) obtained under the previous provisions before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 12 (1) 1.
Article 5 (Transitional Measures concerning Notification, etc. on Permission, Reporting, etc.)
Any matters permitted by or reported to the head of a Si/Gun/Gu under the previous provisions before this Act enters into force shall be informed to the Minister of Land, Transport and Maritime Affairs, notwithstanding the amended provisions of Article 13-2.
Article 6 Omitted.
ADDENDA <Act No. 9629, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9968, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10265, Apr. 15, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Formulation of Management Plans for Development Restriction Zones) The amended provisions of Article 11 shall begin applying to the first formulation of or amendment to a management plan for a development restriction zone after this Act enters into force.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11054, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation: Provided, That the amended provisions of Article 12 (1) 3-2 shall enter into force six months after the date of its promulgation and Article 3 of the Addenda shall enter into force on April 15, 2012.
Article 2 (Applicability to Charges)
The amended provisions of subparagraphs 4 and 7 of the attached Table shall apply to any act permitted under the proviso to Article 12 (1) or Article 13 on or after the date this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11838, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6, 25 (3) and 26 (2) 6 shall enter into force six months after the date of promulgation.
Article 2 (Applicability to Restrictions of Acts in Development Restriction Zones)
The amended provisons of Article 12 (2) shall begin to apply to a case for which an application for permission is filed on or after this Act enters into force.
Article 3 (Applicability to Imposition of Additional Dues)
The amended provisons of Article 25 (6) shall begin to apply to a case for which a charge is imposed on or after this Act enters into force.
Article 4 (Applicability to Rate of Imposition of Charges)
The amended provisons of subparagraph 7 (b) of attached Table shall begin to apply to a case for which permission is obtained pursuant to Article 13 on or after this Act enters into force.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12011, Aug. 6, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12215, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Omitted.) Provided That Article 6 (1), (2), (5) through (8) and (12) of Addenda shall enter into force on January 1, 2015.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12372, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (1) 9 shall enter into force three months after the date of promulgation.
Article 2 (Term of Validity)
The amended provisions of Article 12 (1) 9 shall remain valid until December 31, 2015.
ADDENDA <Act No. 12633, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Rate of Imposition of Charges)
The amended provisions of subparagraph 7 (a) of the attached Table shall apply beginning from cases in which permission is received under the proviso to Article 12 (1) or Article 13 on or after this Act enters into force: Provided, That the amended provisions shall even apply where objection is raised under Article 27 against the disposition of imposition of a charge pursuant to Article 21 or administrative litigation proceedings are underway at the time this Act enters into force.
ADDENDA <Act No. 12956, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 30-3 (1) 1 (b) shall enter into force three months after the date of promulgation, and the amended provisions of Article 30-2 (1) on January 1, 2018.
Article 2 (Applicability to Exceptional Postponement of Collection of Non-Performance Penalties)
The amended provisions of Article 30-3 shall apply, limited to a violation (referring to a violation related to the alteration of purpose of use of a building under Article 30 (1)) at the time this Act enters into force.
Article 3 (Special Cases on Corrective Orders)
The head of a Si/Gun/Gu shall issue a corrective order pursuant to Article 30 (1) within six months after this Act enters into force with regard to the alteration of purpose of use, in violation of permission under the amended provisions of Article 30-3 (1) 1.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13670, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of the subparagraph 4 (a) of attached Table shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
(1) The amended provisions of Article 4-2, 11 (1) 5-2 and 12 (1) 1-2 shall remain effective until December 31, 2017.
(2) With respect to cases where a request for formulation or modification of the management plan for development restriction zones is made in accordance with the amended provisions of Article 4-2 during the effective period under paragraph (1), the same Article and Articles 11 (1) 5-2 and 12 (1) 1-2 shall apply even after the relevant effective period lapses.
Article 3 (Applicability to Reversion of Released Development Restriction Zones)
The Amended provisons of Article 5 (3) shall apply beginning with the first case where an urban/Gun management pan for releasing development restriction zones is formulated in accordance with Article 4 after this Act enters into force.
Article 4 (Applicability to Standards for Computing Charges)
(1) The Amended provisons of Article 24 (1) shall begin to apply from the first case where an urban/Gun management plan for releasing development restriction zones is formulated in accordance with Article 4 after this Act enters into force.
(2) The Amended provisons of the subparagraph 4 (a) of the attached Table shall begin to apply from the first case where permission is granted in accordance with the proviso to Article 12 (1), or Article 13 after the same amended provisions enters into force.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14086, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment of Charges)
The amended provisions of Article 25 shall also apply where a charge was imposed, but the payment deadline therefor has not yet passed as at the time this Act enters into force.
ADDENDA <Act No. 14846, Aug. 9, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30-4, and suparagraphs 3 and 5 of the attached Table shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restriction on Permission for Certain Acts)
The amended provisions of Article 12-2 shall apply beginning with the first application filed for permission for an act referred to in the subparagraph of Article 12 (1) pursuant to the proviso to Article 12 (1) after this Act enters into force.
Article 3 (Applicability to Rate of Imposition of Charges)
The amended provisions of subparagraphs 3 and 5 of the attached Table shall apply beginning with the first permission obtained pursuant to the proviso to Article 12 (1) after such amended provisions enter into force.
ADDENDA <Act No. 15340, Dec. 30, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Special Cases on Postponement of Collection of Non-Performance Penalties)
The amended provisions of Article 30-3 (1) shall apply where a written consent stating that a person will comply with a corrective order pursuant to subparagraph 2 of the same paragraph shall be submitted after this Act enters into force: Provided, That where a person, who was not subjected to postponement of collection of the penalties before this Act enter into force, submits the written consent, this shall apply beginning with non-performance penalties charged after this Act enters into force.
ADDENDA <Act No. 15489, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15593, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Expansion of Damaged Areas subject to Reinstation)
The amended provisions of Article 4 (4) shall apply beginning with an urban/Gun management plan formulated for releasing from a development restriction zone after this Act enters into force: Provided, That in cases of public housing zones designated pursuant to Article 6 of the Special Act on Public Housing, this shall apply beginning with an application for approval of a plan for public housing zones filed by a public housing project operator with the Minister of Land, Infrastructure and Transport.