ENFORCEMENT DECREE OF THE HOT SPRING ACT
Wholly Amended by Presidential Decree No. 22320, Aug. 4, 2010
Amended by Presidential Decree No. 22626, Jan. 17, 2011
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26369, jun. 30, 2015
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27858, Feb. 13, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28521, Dec. 29, 2017
The purpose of this Decree is to provide for matters delegated by the Hot Spring Act and matters necessary for its enforcement.
| Article 2 (Standards for Ingredients of Hot Springs) |
"Standards prescribed by Presidential Decree" in Article 2 (1) of the Hot Spring Act (hereinafter referred to as the "Act") means a case where a hot spring meets all the standards for ingredients prescribed in each of the following, causing no harm to a person when used for drinking or bathing: | 1. | Nitrate nitrogen (NO3-N) content shall not exceed 10mg/L; |
| 2. | Tetrachloroethylene (C2Cl4) content shall not exceed 0.01mg/L; |
| 3. | Trichloroethylene (C2HCl3) content shall not exceed 0.03mg/L. |
| Article 3 (Scope of Hot Spring Hole Protection Zone and Procedures of Designation) |
| (1) | "Area where it is deemed necessary to develop a hot spring which is smaller than the scale prescribed by Presidential Decree" in the former part of Article 5 (1) of the Act means an area deemed necessary to develop a hot spring by designating a hot spring hole protection zone of less than 30,000 square meters. |
| (2) | When the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter the same shall apply) intends to apply for approval of the designation of a hot spring hole protection zone under the former part of Article 5 (1) of the Act, he/she shall submit an application form attaching the following documents to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall verify the land registration map and forest land map in a planned zone through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act: |
| 1. | A development plan for small-scale hot springs; |
| 2. | A land record in a planned zone; |
| 3. | A statement of investigation into the hot spring resources in the planned zone by a specialized hot spring examination institution; |
| 4. | A statement of his/her opinion about its effects on the nearby hot springs and the conditions of the surroundings including the natural environment, etc. |
| (3) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to approve the designation of a hot spring hole protection zone, or a Special Self-Governing City Mayor or Special Self-Governing Province Governor intends to designate a hot spring hole protection zone under the former part of Article 5 (1) or under Article 6 (2) of the Act, he/she shall consider the following matters: <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| 1. | Whether the area is fit for the development of a small-scale hot spring in light of proper pumping amount and development potential; |
| 2. | Use of the land and surface area of a site which can be developed; |
| 3. | The type and size of facilities; |
| 4. | Effects on nearby hot springs and conditions of the surroundings including natural environment, etc. |
| Article 4 (Designation or Approval of Designation of Hot Spring Hole Protection Zone upon Application by Rightful Priority Utilizer of Hot Springs) |
| (1) | Where a rightful priority utilizer of a hot spring intends to apply for the approval of designation of a hot spring hole protection zone to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor under the former part of Article 6 (2) of the Act, he/she shall submit an application form attaching the documents set forth in each subparagraph of Article 3 (2) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall verify the land registration map and forest land map in a planned zone through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act. |
| (2) | Where a rightful priority utilizer of a hot spring intends to apply for the designation of a hot spring hole protection zone to a Special Self-Governing City Mayor or Special Self-Governing Province Governor under the former part of Article 6 (2) of the Acts, he/she shall submit an application form attaching the documents set forth in each subparagraph of Article 3 (2) to a Special Self-Governing City Mayor or Special Self-Governing Province Governor. In such cases, the Special Self-Governing City Mayor or Special Self-Governing Province Governor shall verify the land registration map and forest land map in a planned zone through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| Article 5 (Standards, etc. for Designation of Hot Spring Hole Protection Zones) |
| (1) | A hot spring hole protection zone referred to in the former part of Article 5 (1) and Article 6 of the Act shall be designated by taking into consideration the adequate daily pumping capacity, from among any of the following areas, which are not designated as a hot spring source protection district under Article 10-2 (4) of the Act (hereafter referred to as "hot spring source protection district"). In such cases, the land owned by the rightful priority utilizer of a hot spring shall exceed 50/100 of the area to be developed as a hot spring hole protection zone: <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| 1. | An area where small-scale development of a hot spring is necessary in view of environmental situations, such as the given conditions of urban/Gun planning and current conditions of buildings; |
| 2. | An area deemed appropriate for developing a small-scale hot spring in view of the use and shape of land, local conditions, existence or nonexistence of the existing hot springs, etc. |
| (2) | When a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to revoke the designation of a hot spring hole protection zone pursuant to Article 5 (3) of the Act, he/she shall hear the opinions of the local residents, including the rightful priority utilizer of a hot spring. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| Article 6 (Examinations by Specialized Hot Spring Examination Institution) |
| (1) | The examination by a specialized hot spring examination institution under Article 5 (5) of the Act for designation of a hot spring hole protection zone pursuant to the former part of Article 5 (1) and Article 6 of the Act and the examination by a specialized hot spring examination institution under Article 10 (2) 2 of the Act for formulation of a hot spring development plan pursuant to Article 10 (1) of the Act (hereinafter referred to as "development plan") shall clearly include the following matters. In such cases, the latter part of subparagraph 2 shall be limited only to the examination for formulating a development plan: |
| 1. | Location and current conditions of a hot spring hole; |
| 2. | Adequate daily pumping capacity of a hot spring hole. In such case, where the adequate daily pumping capacity is one thousand tons or more a day, such amount shall be confirmed by at least two hot spring holes, and where it is less than one thousand tons a day, it shall be confirmed by at least three hot spring holes; |
| 3. | Conditions of water level fluctuation in the hot spring hole; |
| 4. | Temperature and ingredients of yields of hot spring water. |
| (2) | A specialized hot spring examination institution shall, when it examines the adequate daily pumping capacity under paragraph (1) 2, verify whether the adequate daily pumping capacity of a hot spring hole other than the one for which a report on the hot spring discovery is accepted, is not less than 150 tons a day. |
| Article 7 (Formulation, etc. of Development Plan) |
| (1) | "Area where deemed necessary to develop a hot spring having a scale not smaller than the standards prescribed by Presidential Decree" in the main sentence of Article 10 (1) of the Act means an area where it is deemed necessary to develop a hot spring by designating a hot spring source protection district with a scope of 30 thousand square or more meters. |
| (2) | If it is deemed necessary for the efficient supply of hot spring water when formulating a development plan pursuant to the main sentence of Article 10 (1) of the Act, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may include therein the matters concerning the construction and operation of a water supply network for each hot spring hole for the hot spring utilization facilities in consultation with the owner of the land where the hot spring holes are located. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (3) | When the head of the head of a Si/Gun/Gu intends to apply for the approval of a development plan under the main sentence of Article 10 (1) of the Act, he/she shall submit an application form attaching the following documents to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. In such case, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall verify the land registration map and forest land map in a planned area through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act: |
| 1. | Geographical conditions; |
| 2. | Grounds for the designation of a hot spring source protection district; |
| 3. | A land record in a planned district; |
| 4. | A report by a specialized hot spring examination institution on the investigation’s findings on the hot spring resources within the planned area; |
| 5. | A report on the findings of reviews of the validity of the surface area of the planned district and economic feasibility study; |
| 6. | Interrelation with local development plans. |
| (4) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to approve of a development plan, or when a Special Self-Governing City Mayor or Special Self-Governing Province Governor intends to formulate a development plan, the following matters shall be put into consideration: <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| 1. | Adequate daily pumping capacity of the hot spring hole; |
| 2. | Placement of facilities, etc. for the efficient utilization of hot springs; |
| 3. | Suitability of surrounding environment; |
| 4. | Relation with other regional development plans; |
| 5. | Effects on the ecosystem, such as water pollution due to the development of hot springs. |
| Article 8 (Application for Approval, etc. of Development Plan by Rightful Priority Utilizer of Hot Springs) |
| (1) | When the rightful priority utilizer of a hot spring intends to apply for the approval of a development plan under the proviso to Article 10 (1) of the Act, he/she shall submit an application form by attaching the documents set forth in each subparagraph of Article 7 (3) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall verify the land registration map and forest land map in a planned area through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act. |
| (2) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor receives an application for the approval of a development plan from the rightful priority utilizer of a hot spring, he/she shall make a decision whether or not to approve it pursuant to the main sentence of Article 10 (1) of the Act within 60 days from the date of the receipt of the application: Provided, That where documents for application for designation submitted by the rightful priority utilizer of a hot spring is incomplete, he/she may request to supplement it within a fixed period, and such period to supplement the application documents for approval shall not be included in the period for deciding whether to approve the development plan. |
| (3) | Where the rightful priority utilizer of a hot spring has applied for approval of a development plan pursuant to the proviso to Article 10 (1) of the Act and when it is confirmed that the head of a Si/Gun/Gu has no intention to formulate such development plan, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor shall not inquire the head of a Si/Gun/Gu on his/her opinion on the relevant development plan. |
| Article 9 (Alteration of Development Plan) |
| (1) | In any of the following cases, a rightful priority utilizer of a hot spring (limited only to the case of subparagraph 1) or the head of a Si/Gun/Gu may apply for approval by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor after altering a development plan: Provided, That in the case of subparagraph 1, the application for approval shall be made after altering the development plan: |
| 2. | Where it is inevitable to enlarge the development surface area of a hot spring or scale of a hot spring source protection district due to increase of hot spring utilization facilities or any other causes; |
| 3. | Where it is deemed desirable to reduce the development area of a hot spring or the scope of a hot spring source protection district due to reduction of the adequate daily pumping capacity of a hot spring hole or a natural disaster, etc.; |
| 4. | Where a modification is inevitable due to markedly changed conditions compared with those at the time of designation of a hot spring source protection district. |
| (2) | Where no application for approval of the alteration pursuant to paragraph (1) is made although a development plan needs to be altered due to occurrence of matters set forth in each subparagraph of paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor may request the head of Si/Gun/Gu to apply for the approval after alteration of the development plan. In such cases, the head of Si/Gun/Gu shall conform to such request unless there is a special reason not to do so. |
| (3) | When the rightful priority utilizer of a hot spring (limited to a case in paragraph (1) 1) or the head of a Si/Gun/Gu intends to apply for the approval of an alteration to a development plan under the paragraph (1), he/she shall submit an application form attaching each of the following documents to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall verify the land registration map and forest land map within a planned area through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act: |
| 1. | Geographical conditions; |
| 2. | Grounds for alteration; |
| 3. | A land record in a planned area; |
| 4. | A specialized hot spring examination institution’s investigation statement on the hot spring resources within the planned area; |
| 5. | A report on the investigation results on the validity of the surface area of the planned district and a statement on the economic feasibility review; |
| 6. | Relation with other local development plans. |
| (4) | A Special Self-Governing City Mayor or Special Self-Governing Province Governor may alter a development plan if any of the causes set forth in each subparagraph of paragraph (1) occurs: Provided, That the development plan shall be altered in cases falling under paragraph (1) 1. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (5) | "Minor matter that is prescribed by the Presidential Decree" in the proviso to Article 10 (4) of the Act means a case where a hot spring development area, or a planned area under a development plan, or a hot spring resource protection district is expanded or narrowed within the scope of 10 percent of the respective surface areas. |
| Article 10 (Request for Revocation of Approval for Development) |
| (1) | In any case referred to in any of the subparagraphs of Article 10 (5) of the Act, the head of a Si/Gun/Gu may file a request, attaching an inspection report compiled by a specialized hot spring examination institution (limited to the case of Article 10 (5) 1 of the Act) and the result of collecting opinions of district residents including the rightful priority utilizer of a hot spring, with the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor for revocation of the approval for a development plan. |
| (2) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to revoke the approval for a development plan upon request of the head of a Si/Gun/Gu under paragraph (1) on the grounds set forth in Article 10 (5) 1 of the Act, an inspection by a specialized hot spring examination institution conducted pursuant to Article 10 (7) of the Act may be substituted by an inspection by a specialized hot spring examination institution conducted pursuant to paragraph (1). |
| Article 11 (Hot Springs Development Consulting Committee) |
| (1) | In order to provide advice requested by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, on major matters concerning the development of hot springs, such as formulation of development plans under Article 10 of the Act, receipt of reports on the hot spring discovery under Article 21 of the Act, the hot springs development consulting committee may be set up under the jurisdiction of a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (2) | Matters concerning the organization, function, and operation of the hot springs development consulting committee shall be prescribed by Municipal Ordinance of the local government concerned. |
| (3) | Notwithstanding paragraphs (1) and (2), where a committee of which the features and functions are similar to those of a hot spring development consulting committee is established under the jurisdiction of a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, such committee may function on behalf of a hot spring development consulting committee under municipal ordinance of the relevant local government. <Newly Inserted by Presidential Decree No. 27858, Dec. 29, 2017> |
| Article 12 (Legal Fiction as Authorization or Permission) |
| Article 13 (Application for Approval of Excavation) |
| (1) | If any person intends to obtain permission to excavate land pursuant to Article 12 (1) of the Act, he/she shall submit an application by attaching the following documents to a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu: <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| 1. | A written agreement with the land owner on performing the excavation (limited to anyone intending to excavate the land owned by any other person); |
| 2. | A land registration map and forest land map that show the location of the planned excavation area; |
| 3. | A plan for the excavation and restoration of the land (attached with a design drawing); |
| 4. | A report on the findings of the survey on whether the relevant land is endowed with hot spring resources under Article 12 (3) of the Act. |
| (2) | Where an application falls under any of the following subparagraphs, documents referred to in any of the following subparagraphs may not be submitted, notwithstanding paragraph (1): <Newly Inserted by Presidential Decree No. 27858, Feb. 13, 2017> |
| 1. | If an application for an excavation permission is filed under the latter part of Article 12 (1) of the Act: Documents referred to in paragraph (1) 1, 2 and 4; |
| 2. | If an application for an excavation permission to secure additional hot spring water in addition to existing hot spring holes is filed under Article 12 (4) 3 (a): Documents referred to in paragraph (1) 4. |
| (3) | Upon receiving an application filed for excavation permission under paragraph (1), a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall confirm whether the applicant holds the ownership of the land to be excavated as at the date the application is filed through sharing of administrative information provided for in Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (4) | Any person who intends to excavate a land with the agreement of the land owner under Article 12 (2) of the Act shall submit a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu an approval form for the land excavation wherein the number of land lot, classification of land, surface area, and purpose and period of usage are stated. In such cases, the period for which the land owner agrees for the land excavation shall be not less than one year. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (5) | Any person who intends to apply for the extension of the effective period of permission for land excavation under the proviso to Article 12 (6) of the Act shall submit a written application for the extension of the effective period of permission, attaching the land owner’s written agreement on the land excavation to a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 30 days before expiry date of the effective period. In such cases, the agreed period specified in the written approval of land excavation shall coincide or exceed the effective period of permission that he/she intends to extend. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| Article 14 (Deposit Amount and Timing for Performance Guarantee for Restoration) |
| (1) | Any person who obtains permission to utilize a hot spring under Article 16 of the Act or who reports on discovery of a hot spring under Article 21 of the Act shall, at the time of approval or report, deposit a performance guarantee in cash or with any of the following guarantees, securities, etc. pursuant to Article 13 (3) of the Act: <Amended by Presidential Decree No. 22626, Jan. 17, 2011; Presidential Decree No. 26369, Jun. 30, 2015; Presidential Decree No. 27205, May 31, 2016> |
| 1. | A payment guarantee issued by any of the following finance companies: |
| 3. | A letter of guarantee issued by any of the following corporations: |
| (b) | An electric contractors' financial cooperative under the Electric Constructors' Financial Cooperative Act; |
| 4. | A certificate of time deposit issued by a financial company referred to in items of subparagraph 1 or by a postal service agency; |
| (2) | Amount of a performance guarantee shall be expenses incurred in relation to restoration, and detailed standards for calculation of such amount shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Deposit period of a performance guarantee shall be as follows: |
| 1. | In cases of permission to utilize a hot spring under Article 16 of the Act: From the date permission is granted to the date one year lapses after such permission loses effect or is revoked; |
| 2. | In cases of a report on discovery of a hot spring under Article 21 of the Act: From the report date of discovery of a hot spring to the acceptance date of the report on discovery of the hot spring. |
| (4) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall return a performance guarantee, when a person obligated to restore under Article 13 of the Act completes restoration or when the deposit period of a performance guarantee is matured. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (5) | Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gu conducts restoration by himself/herself on behalf of a restoration obligor under the main sentence of Article 13 (3) of the Act, he/she shall claim to such obligor for a deficit when the amount of the performance guarantee is insufficient, or shall return the balance of the performance guarantee, if any, to such obligor without delay. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| Article 15 (Application for Installation of and Permission for Power Equipment) |
Any person who intends to obtain permission to install power equipment under Article 14 (1) of the Act shall submit to a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu an application for permission by attaching a design drawing of the power equipment. <Amended by Presidential Decree No. 27858, Feb. 13, 2017>
| Article 16 (Permission to Develop Groundwater) |
Groundwater may be developed with the permission from a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as provided for in the proviso to Article 15 (1) of the Act only in any of the following cases: <Amended by Presidential Decree No. 27858, Feb. 13, 2017> | 1. | When it is used for business of public facilities; |
| 2. | When it is used for irrigation; |
| 3. | When a person permitted to utilize hot spring water pursuant to Article 16 of the Act deems it necessary for the convenience of hot spring-users; |
| 4. | Where it is intended to use not more than 30 tons based on the daily pumping capacity. |
| Article 17 (Permission to Utilize Hot Springs) |
| (1) | Any person who intends to obtain permission to utilize a hot spring pursuant to Article 16 (1) of the Act shall file an application (including an application in the form of an electronic document) with a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu attaching the following documents (including electronic documents). In such cases, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, who has received an application for permission for bathing purposes, shall verify a certified copy of the register of real estate through sharing of administrative information pursuant to Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| 1. | A plan for the utilization of the hot spring; |
| 3. | A document of the present condition of the hot spring hole (including the results of a pumped water test); |
| 4. | A contract for hot spring supply or a copy thereof (limited to cases where the applicant for utilization permission does not own a hot spring hole). |
| (2) | The pumping capacity of a hot spring water that may be permitted for utilization pursuant to Article 16 (1) of the Act shall be determined by the head of a relevant local government according to the size of the hot spring utilizing facilities within the scope of the adequate pumping capacity. |
| (3) | When any person who fulfills all the requirements of the following subparagraphs applies for permission to utilize a hot spring under Article 16 (1) of the Act, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall grant permission to temporarily utilize the hot spring until a hot spring hole protection zone is designated under the former part of Article 5 (1) or Article 6 (2) of the Act or a hot spring source protection district is designated under the main sentence of Article 10-2 (4) of the Act: <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| 1. | The applicant shall be the rightful priority utilizer of the hot spring; |
| 2. | The applicant shall be the person who owns existing hot spring utilizing facilities, such as those relevant to public bath facilities or lodging business facilities (referring to the facilities of the lodging business or public bath business referred to in Article 2 of the Public Health Control Act and the facilities referred to in each subparagraph of Article 2 (1) of the Enforcement Decree of the same Act), in an area where a hot spring hole protection zone or a hot spring source protection district is designated or proposed to be designated. |
| (4) | Where permission is granted for temporary utilization of hot spring until a hot spring hole protection zone or a hot spring source protection district is designated under paragraph (3), the amount to be pumped shall not exceed 50/100 of the adequate daily pumping capacity. |
| (5) | "Industrial or public facilities prescribed by Presidential Decree" in the proviso to Article 16 (2) of the Act means the facilities set forth in the following: |
| 3. | Facilities for manufacturing cosmetics under subparagraph 1 of Article 2 of the Cosmetics Act and functional cosmetics under subparagraph 2 of the same Article; |
| 4. | Facilities for manufacturing drugs under subparagraph 4 of Article 2 of the Pharmaceutical Affairs Act, therapeutic devices under subparagraph 7 of the same Article, and over-the-counter drugs under subparagraph 9 of the same Article; |
| Article 18 (Prohibition of False or Exaggerated Labeling or Advertisement related to Hot Springs) |
| (1) | False or exaggerated labeling or advertisement under Article 16 (4) of the Act refers to any labeling or advertisement which is far from the reality or excessively overstated. |
| Article 19 (Request for Investigation for Granting Permission) |
When a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to provide permission under Article 12 (1), 14 (1), or 16 (1) of the Act, he/she may request any specialized hot spring examination institution to investigate or examine it. <Amended by Presidential Decree No. 27858, Feb. 13, 2017>
| Article 20 (Monitoring of Hot Spring Resources) |
| (1) | In order to investigate the actual conditions of hot spring resources and water level changes pursuant to Article 24-2 (1) of the Act, the Minister of the Interior and Safety shall install at least one hot spring resource monitoring system at every hot spring hole protection zone or hot spring source protection district. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall monitor at all times and keep a record of water level changes of hot springs, amount of utilized hot spring water, temperature of hot spring water, etc., by using the hot spring monitoring system installed under paragraph (1). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 21 (Matters to Be Entered in Articles of Association) |
| (1) | Matters to be entered in the articles of association of the Hot Spring Association (hereafter referred to as "Association") referred to in Article 27 (5) of the Act are as follows: |
| 1. | The objectives of its establishment; |
| 3. | The location of its principal office; |
| 4. | The details of its business; |
| 5. | The qualifications for its membership; |
| 6. | The fixed number of its executive officers, their terms of office, and election methods; |
| 7. | The composition of its general meeting and matters subject to resolution; |
| 8. | The composition of its board of directors and matters subject to resolution; |
| 9. | Matters concerning its assets and accounting; |
| 10. | Matters concerning the composition and organization of the Association; |
| 11. | Procedures for amending its articles of association. |
| (2) | The Association shall submit its business plan and the budget bill detailing income and expenses to the Minister of the Interior and Safety before the beginning of each fiscal year. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (1) | Fees as prescribed in Article 31 of the Act shall be as follows: Provided, That where the examination of water quality or ingredients is entrusted to the Association pursuant to Article 19 (2) of the Act, the fee determined by the entrusted institution concerned shall be paid to such entrusted institution: |
| 2. | Permission to enlarge a hot spring gush nozzle or deepen its depth pursuant to the latter part of Article 12 (1): 30 thousand won per hole; |
| 4. | Permission to change power-driven equipment: 15 thousand won per unit; |
| 6. | Examination of water quality pursuant to Article 19 (1) of the Act: Amount prescribed by Municipal Ordinance of a local government concerned within the scope of not more than 20 thousand won per transaction, considering the items of water quality examination, etc.; |
| 7. | Examination of ingredients pursuant to Article 19 (1) of the Act: Amount prescribed by Municipal Ordinance of the relevant local government within the scope of not more than two million won per transaction, considering the cost, etc. of examination of ingredients. |
| (2) | Where an entrusted institution intends to determine the fees referred to in the proviso to the provisions other than subparagraphs of paragraph (1), it shall set up standards therefor and obtain an approval from a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. The same shall also apply where it intends to change the approved standards. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| (3) | The fees prescribed in paragraph (1) shall be paid by the revenue stamp of the relevant Si/Gun/Gu: Provided, That a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may have it paid by means of electronic currencies, electronic settlement, etc. through information and communication networks. <Amended by Presidential Decree No. 27858, Feb. 13, 2017> |
| Article 23 (Re-Examination of Regulation) |
| (1) | The Minister of the Interior and Safety shall examine the appropriateness of the following matters every three years from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Excavation permission granted under Article 13: January 1, 2014; |
| 2. | Permission to develop groundwater under Article 16: January 1, 2014; |
| 3. | Permission to utilize a hot spring under Article 17: January 1, 2014. |
| (2) | The Minister of the Interior and Safety shall examine the appropriateness of the following matters every two years from each base date specified in the following (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements: <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Standards for designation of hot spring hole protection zones under Article 5: January 1, 2015; |
| 2. | Deposit amount and timing for performance guarantee for restoration under Article 14: January 1, 2015; |
| 3. | Prohibition of false or exaggerated labeling or advertisement related to hot springs under Article 18: January 1, 2015. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2010.
Article 2 (Applicability to Standards for Ingredients of Hot Springs)
The amended provisions of Article 2 shall apply from the hot spring for which a report on hot spring discovery is first filed after this Decree enters into force.
Article 3 (Transitional Measures concerning Scope of Hot Spring Source Protection District)
Notwithstanding the amended provisions of Article 3 (1), the previous provisions of Article 4 (1) shall apply to the area where an application for designation of hot spring hole protection zone is received or where a hot spring hole protection zone is designated before this Decree enters into force.
Article 4 (Transitional Measures concerning Procedures for Designation, etc. of Hot Spring Source Protection Districts)
Where an application for designation of a hot spring source protection district or an application for approval of a hot spring development plan is received before this Decree enters into force, the previous provisions shall apply in designating the hot spring source protection district or granting an approval for the hot spring development plan.
Article 5 (Transitional Measures concerning Agreement for Excavation)
| (1) | As to the effective period of an agreement on performing excavation works submitted under previous provisions of Article 7 (1) 1 before this Decree enters into force, the previous provisions of Article 7 (3) shall apply. |
| (2) | Where the period from the day following the effective date of an agreement for excavation works until the expiry date of the permission for excavation works under Article 12 (5) of the Act and Article 2 of Addenda to the Act No. 10005 on amendment of the Hot Spring Act is less than one year, the agreement for excavation works may be submitted by specifying the approved period shall be until the expiry date of the permission for excavation, notwithstanding the amended provisions of the latter part of Article 13 (3). |
Article 6 (Transitional Measures concerning the Citation of Other Statutes)
"Bank" under the amended provisons of Article 14 (1) 1 (a) shall be deemed as a "finance company" until November 17, 2010.
Article 7 (Transitional Measures concerning Permission to Utilize Hot Springs)
| (1) | Where permission to utilize a hot spring is applied for under Article 16 (1) before this Decree enters into force, the former provisions of Article 10 (4) and (5) shall apply to permission to temporarily utilize a hot spring, notwithstanding the amended provisions of Article 17 (3) and (4). |
| (2) | Any person who has received permission to temporarily utilize a hot spring under the previous Article 10 (4) and (5) shall be deemed to have received permission for the utilization under the amended provisions of Article 17 (3) and (4). |
| (3) | Any person who is deemed to have obtained permission to utilize a hot spring under paragraph (2) of the Addenda to Presidential Decree 15107 on the amendment of Enforcement Decree of the Hot Spring Act shall be deemed to have received permission to utilize a hot spring under this Decree. |
Article 8 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decree, which were promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of each relevant Presidential Decree.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That from among the Presidential Decrees amended pursuant to Article 5 of the Addenda, the amendments to the Presidential Decrees, which have been promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26369, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27858, Feb. 13, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended by Article 8 of the Addenda, the amendments to Presidential Decrees which have been promulgated before this Decree enters into force, but of which the enforcement dates have yet to arrive shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 and 8 Omitted.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... (omitted) ... the amended provisions of Article 7 ... (Omitted) ... shall enter into force six months after its promulgation.
Article 2 Omitted.