ENFORCEMENT DECREE OF THE LANDSCAPE ACT
Wholly Amended by Presidential Decree No. 25150, Feb. 5, 2014
Amended by Presidential Decree No. 25358, May 22, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26754, Dec. 22, 2015
Presidential Decree No. 26762, Dec. 28, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27285, jun. 28, 2016
Presidential Decree No. 27323, Jul. 6, 2016
Presidential Decree No. 27921, Feb. 28, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 28686, Feb. 27, 2018
The purpose of this Decree is to provide for matters delegated from the Landscape Act and matters necessary for the enforcement thereof.
| Article 2 (Procedures for Processing of Proposals regarding Formulation of Landscape Plan) |
| (1) | Any resident (including any interested person following the formulation of a landscape plan) who intends to propose the formulation of a landscape plan (hereinafter referred to as "landscape plan") under Article 7 (1) of the Landscape Act (hereinafter referred to as the "Act") pursuant to Article 8 (1) of the Act shall prepare a proposal for the formulation of a landscape plan and submit it to any of the following persons: <Amended by Presidential Decree No. 26922, Jan. 22, 2016> |
| 1. | The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Do, the Governor of a Special Self-governing Province (hereinafter referred to as the "Mayor/Do Governor"); |
| 3. | The head of an administrative Si; |
| 4. | The head of a Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) and the head of a Gun within the jurisdiction of a Metropolitan City (hereinafter referred to as the "head of a Gu, etc."); |
| (2) | The Mayor/Do Governor, the head of a Si/Gun, the head of an administrative Si, the head of a Gu, etc. or the head of a free economic zone authority (hereinafter referred to as the "Mayor/Do Governor, etc.") in receipt of a proposal for the formulation of a landscape plan pursuant to paragraph (1) shall inform the proposer thereof, as to whether he/she will reflect such proposal in the landscape plan within 60 days from the proposed date: Provided, That in cases under unavoidable circumstances, he/she may extend such period by not more than 30 days only once. |
| (3) | Where the Mayor/Do Governor, etc. intends to determine whether to reflect a proposal under paragraph (1) in a landscape plan, if necessary, he/she may seek advice from the landscape committee established under the jurisdiction of the relevant Mayor/Do Governor, etc. pursuant to Article 29 (1) of the Act. |
| (4) | In addition to matters prescribed in paragraphs (1) through (3), detailed procedures necessary for proposing the formulation of a landscape plan shall be prescribed by Ordinance of the relevant local government [in case of an administrative Si or a free economic zone authority, referring to Ordinance of a Special Metropolitan City, Metropolitan City, Special Self-governing City, Do or Special Self-governing Province (hereinafter referred to as "City/Do") to which the administrative Si or the free economic zone authority belongs; hereinafter the same shall apply]. |
| Article 3 (Guidelines, etc. for Formulation of Landscape Plan) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to determine and announce guidelines, etc., for the formulation of a landscape plan in collaboration with the heads of relevant central administrative agencies pursuant to Article 9 (5) of the Act, he/she shall consider the following: |
| 1. | Each local government is required to give a long-term direction-setting for natural landscape, historic and cultural landscape, farming village, fishing village and mountainous village landscape and city landscape, and to reflect matters to improve the quality of life; |
| 2. | Each local government is required to ensure the originality and diversity of a landscape plan by thoroughly reflecting regional characteristics and requirements; |
| 3. | Each local government is required to formulate a detailed and specific landscape plan so that the landscape plan may be implemented practically. |
| (2) | The heads of relevant central administrative agencies under Article 9 (5) of the Act shall be the head of the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Environment and the Minister of the Korea Forest Service. <Amended by Act No. 25751, Nov. 19, 2014; Act No. 28211, Jul. 26, 2017> |
| Article 4 (Matters Subject to Basic Survey for Formulation or Alteration of Landscape Plan) |
Where the Mayor/Do Governor, etc. conducts a basic survey pursuant to Article 10 of the Act, he/she shall conduct the basic survey regarding the following: | 1. | Natural conditions, such as topography, geographical features, hydrosphere and vegetation; |
| 2. | Demographic and social conditions, such as population, land use, industries, transportation and culture; |
| 3. | Details of other plans and projects related to landscaping; |
| 4. | Other matters necessary for the formulation or alteration of a landscape plan. |
| Article 5 (Public Hearings for Formulation and Alteration of Landscape Plan) |
| (1) | Where the Mayor/Do Governor, etc. intends to hold public hearings pursuant to Article 11 (1) of the Act, he/she shall officially announce the following matters in an ordinary daily newspaper mainly distributed in an area for which the relevant landscape plan is formulated at least once no later than 14 days prior to the holding of public hearings: |
| 1. | Purpose of public hearings; |
| 2. | Scheduled date and time, and venue of pubic hearings; |
| 3. | Outline of the landscape plan he/she intends to formulate or alter; |
| 4. | Other matters necessary for holding public hearings. |
| Article 6 (Procedures for Formulation of Landscape Plan) |
The Mayor/Do Governor or the head of a Si/Gun who has formulated or altered a landscape plan shall officially announce the details of the landscape plan in the official gazette of the relevant local government and make the relevant documents available for residents to inspect for at least 30 days pursuant to Article 12 (3) of the Act.
| Article 7 (Approval, etc. of Landscape Plan) |
| (1) | Where the head of an administrative Si, the head of a Gu, etc. or the head of a free economic zone authority intends to obtain approval of a landscape plan pursuant to Article 13 (1) of the Act, he/she shall submit a proposed landscape plan to the competent Mayor/Do Governor along with the following documents: |
| 4. | The conclusions of deliberations (including deliberations conducted by the landscape committee in collaboration with committees related to landscape established under other Acts pursuant to Article 29 (3) of the Act) or advice, if any, from the landscape committee established under the jurisdiction of the head of an administrative Si, the head of a Gu, etc. or the head of a free economic zone authority. |
| (2) | The head of an administrative Si, the head of a Gu, etc. or the head of a free economic zone authority in receipt of the relevant documents pursuant to Article 13 (3) of the Act shall officially announce the details thereof in the official gazette of the relevant local government (in case of an administrative Si or a free economic zone authority, referring to the official gazette of the City/Do to which such administrative Si or free economic zone authority belongs; hereinafter the same shall apply), and make the relevant documents available for residents to inspect for at least 30 days. |
| Article 8 (Project Plan, etc. of Landscape Project) |
| (1) | Any person who intends to obtain approval for the implementation of a landscape project in an area for which a landscape plan has been formulated pursuant to Article 16 (2) of the Act shall submit a project plan including the following matters to the head of the relevant central administrative agency or the Mayor/Do Governor, etc. who has formulated such landscape plan: Provided, That where he/she submits the project plan to the head of the relevant central administrative agency, matters under subparagraph 7 shall be excluded: |
| 1. | Objectives of the project; |
| 2. | Principal body of the project; |
| 3. | Details of the project and methods of implementing the project; |
| 4. | Coherence with the landscape plan; |
| 5. | Maintenance and management plan; |
| 7. | Other matters prescribed by Ordinance of the relevant local government. |
| (2) | Where the landscape committee (hereinafter referred to as "landscape committee") under Article 29 (1) of the Act or the committee related to landscape established under the jurisdiction of the head of a central administrative agency deliberates on a landscape project pursuant to Article 16 (3), it shall consider the following matters: |
| 1. | Effect and necessity of the landscape project; |
| 2. | Landscape plan for an area eligible for the landscape project; |
| 3. | Effect on landscape of the neighboring area and congruence with landscape of the neighboring area; |
| 4. | Other matters prescribed and announced by the Minister of Land, Infrastructure and Transport or prescribed by Ordinance of the relevant local government. |
| Article 9 (Composition, etc. of Landscape Project Promotion Council) |
| (1) | A landscape project promotion council (hereinafter referred to as "landscape project promotion council") under Article 17 (1) of the Act shall be comprised of not more than 20 persons, including residents of an area eligible for a landscape project, interested persons, persons recommended by civic groups, landscape-related experts or public officials. |
| (2) | A landscape project promotion council shall conduct the following affairs: |
| 1. | Gathering opinions on the landscape project and proposition of improvements; |
| 2. | Education and publicity on the landscape project; |
| 3. | Adjustment of interests following the promotion of the landscape project. |
| (3) | In addition to matters prescribed in paragraphs (1) and (2), necessary matters concerning the composition, management and affairs of a landscape project promotion council shall be prescribed and announced by the head of the relevant central administrative agency or prescribed by Ordinance of the relevant local government. |
| Article 10 (Scope of Persons Who Enter into Landscape Agreement) |
| 2. | Persons with superficies; |
| 3. | Other stakeholders in the relevant land or building, who have obtained consent from the landowner and the building owner among those prescribed by Ordinance of the relevant local government. |
| Article 11 (Details of Landscape Agreement) |
| 1. | Matters concerning the management and creation of a greenbelt, street, riparian zone and illumination at night; |
| 2. | Matters concerning the management and placement of trees or structures of scenic value; |
| 3. | Other matters prescribed by Ordinance of the relevant local government. |
| Article 12 (Reporting of Establishment of Landscape Agreement Steering Committee) |
| (1) | Where the representative of a landscape agreement steering committee (hereinafter referred to as "landscape agreement steering committee") under Article 20 (1) of the Act intends to report the establishment of the landscape agreement steering committee pursuant to Article 20 (2) of the Act, he/she shall submit a report on the establishment of the landscape agreement steering committee including the following matters to the relevant Mayor/Do Governor, etc. under paragraph (2) within 15 days from the date of the establishment thereof: |
| 1. | Name and the location; |
| 2. | Representative and a list of members; |
| 3. | Objectives and methods of operation; |
| 5. | Other matters prescribed by Ordinance of the relevant local government. |
| (2) | The representative of a landscape agreement steering committee shall file a report on the establishment of the landscape agreement steering committee under paragraph (1) with the Mayor/Do Governor, etc. classified as follows: |
| 1. | Where an area subject to the landscape agreement belongs to one Special Self-governing City, Si (excluding an administrative Si), Gun, administrative Si, autonomous Gu (hereinafter referred to as "Si/Gun, etc.") or free economic zone (hereinafter referred to as "free economic zone") under subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zones: The Mayor of the relevant Special Self-governing City, the head of the relevant Si/Gun, the head of the relevant administrative Si, the head of the relevant Gun, etc. or the head of the relevant free economic zone; |
| 2. | Where an area subject to the landscape agreement extends over at least two Sis/Guns, etc. within one Special Metropolitan City, Metropolitan City, Do or Special Self-governing Province or extends over a Si/Gun, etc. and a free economic zone: The Mayor of the relevant Special Metropolitan City, the Mayor of the relevant Metropolitan City, the Governor of the relevant Do, or the Governor of the relevant Special Self-governing Province; |
| 3. | Where an area subject to the landscape agreement extends over at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities or Dos: The Mayor of each Special Metropolitan City, the Mayor of each Metropolitan City, the Mayor of each Special Self-governing City or the Governor of each Do to which the relevant area subject to the landscape agreement belongs. |
| Article 13 (Approval of Landscape Agreement and Approval of Rescission of Landscape Agreement) |
Article 12 (2) shall apply mutatis mutandis to the classification of the Mayor/Do Governor, etc. from whom approval of a landscape agreement under Article 21 (1) of the Act and approval for rescission of the landscape agreement under Article 23 (1) of the Act should be obtained. In such cases, "reporting of the establishment of the landscape agreement steering committee" shall be construed as "application for approval of the landscape agreement" or "application for rescission of the landscape agreement".
| Article 14 (Official Announcement, etc. of Landscape Agreement) |
| (1) | The landscape agreement under Article 21 (2) of the Act shall be officially announced in the Official Gazette of the relevant local government. |
| (2) | Where the Mayor of a Special Self-governing City, the head of a Si/Gun, the head of an administrative Si, the head of a Gu, etc. or the head of a free economic zone has approved a landscape agreement pursuant to Article 21 (1) of the Act, he/she shall keep documents related to the landscape agreement in the office of the Special Self-governing City, Si/Gun, etc. or free economic zone or the office of the Eup/Myeon/Dong having jurisdiction over an area to which an area subject to the landscape agreement belongs, and make such documents available for the general public to inspect pursuant to Article 21 (2) of the Act. |
| (3) | Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Governor of a Do or the Mayor of a Special Self-governing City has approved a landscape agreement pursuant to Article 21 (1) of the Act, he/she shall keep documents related to the landscape agreement in the office of the Special Metropolitan City, the Metropolitan City, the Do or the Special Self-governing Province, and make such documents available for the general public to inspect pursuant to Article 21 (2) of the Act, and send the relevant documents to the head of a Si/Gun, the head of an administrative Si, the head of a Gu, etc. or the head of a free economic zone authority so that the relevant documents may be kept in the office of the Si/Gun, etc. or the free economic zone authority or the office of the Eup/Myeon/Dong having jurisdiction over an area to which an area subject to the landscape agreement belongs, and that the general public may inspect such documents. |
| Article 15 (Alteration of Landscape Agreement) |
"Where insignificant matters prescribed by Presidential Decree are altered" in the proviso to Article 22 of the Act means cases falling under any of the following cases: | 1. | Where the number of parties to the landscape agreement (hereinafter referred to as "parties to the agreement") pursuant to Article 19 (1) of the Act are altered within ten percent of the number of persons; |
| Article 16 (Successor to Landscape Agreement) |
"Person prescribed by Presidential Decree" in the main sentence of Article 24 (2) of the Act means a person who has reported that he/she is to succeed to the position of a party to the agreement to the Mayor/Do Governor, etc. who has approved the relevant landscape agreement within 60 days from the date the right is transferred from or established by a party to the agreement, as prescribed by Ordinance of the relevant local government.
| Article 17 (Project Plan Eligible for Support for Landscape Agreement) |
The following matters shall be included in a project plan which is submitted to obtain support including expenses incurred in the landscape agreement pursuant to Article 25 (2) of the Act: | 1. | Objectives of the project; |
| 2. | Parties to the agreement or the representative of the landscape agreement steering committee; |
| 3. | Details of the project and an implementation plan; |
| 4. | Project costs (including the amount of support required); |
| 5. | Other matters prescribed by Ordinance of the relevant local government. |
| Article 18 (Infrastructure Projects, etc. Subject to Deliberation on Landscape) |
| (1) | "Project exceeding the scale prescribed by Presidential Decree" in Article 26 (1) of the Act means any of the following projects: <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| 1. | Road projects, railroad infrastructure projects and urban railroad infrastructure projects under the provisions of Article 26 (1) 1 through 3 of the Act: Projects falling under any of the following: |
| (a) | A project the total cost of which is at least 50 billion won; |
| (b) | A project awarded by a local government which is an agency awarding a contract (referring to an agency awarding a contract under subparagraph 6 of Article 2 of the Construction Technology Promotion Act; hereinafter the same shall apply in this Article), the total cost of which is larger than the size of the total cost of a project prescribed by Municipal Ordinance of the relevant local government, the amount of which is less than 50 billion won; |
| (a) | A project the total cost of which is at least 30 billion won; |
| (b) | A project awarded by a local government which is an agency awarding a contract, the total cost of which is larger than the size of the total cost of a project prescribed by Municipal Ordinance of the relevant local government, the amount of which is less than 30 billion won; |
| 3. | Projects under Article 26 (1) 5 of the Act: Projects the total cost of which is larger than the size of the total cost of a project prescribed by Municipal Ordinance of the relevant local government. |
| (2) | Where an infrastructure project falling under any of the subparagraphs of paragraph (1) undergoes the deliberation of the landscape committee pursuant to Article 26 (1) of the Act, deliberation shall comply with the following guidelines: <Amended by Presidential Decree No. 25358, May 22, 2014; Presidential Decree No. 27921, Feb. 28, 2017> |
| 1. | Deliberation shall be finalized before the basic design (hereinafter in this subparagraph referred to as "basic design") under Article 71 of the Enforcement Decree of the Construction Technology Promotion Act is completed: Provided, That where it is deemed difficult to finalize the deliberation by the landscape committee before the basic design is completed in consideration of the characteristics, etc. of the project, the landscape committee shall finalize deliberation before the working design under Article 73 of the Enforcement Decree of the Construction Technology Promotion Act is completed; |
| 2. | Each infrastructure project shall undergo the deliberation of the landscape committee based on the following classification: |
| (b) | In case of a railroad infrastructure project under Article 26 (1) 2 of the Act or urban railroad infrastructure project under subparagraph 3 of the aforesaid paragraph: The landscape committee established under the jurisdiction of the Minister of Land, Infrastructure and Transport pursuant to Article 29 (1) of the Act; |
| (3) | Where an agency awarding a contract organizes a committee related to landscape pursuant to the forepart of Article 26 (3) of the Act, the agency awarding a contract shall comply with the following guidelines: <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| 1. | Where the existing committee established within the agency awarding a contract, such as the technical advisory committee under Article 6 (1) of the Construction Technology Promotion Act, deliberates on landscape: Persons who have extensive knowledge of and experience in the fields related to landscape, such as architecture, city, landscape architecture, and environment, shall be at least 1/3 of all members of the relevant committee, and at least three persons shall participate in deliberation on landscape; |
| 2. | Where the agency awarding a contract newly organizes a committee related to landscape: |
| (a) | The head of the agency awarding a contract shall appoint or commission members of the relevant committee from among the following persons. In such cases, the number of members falling under sub-item (ii) shall be at least 2/3 of the whole committee: |
| (i) | Officials in charge of affairs related to landscape in the agency awarding a contract; |
| (ii) | Persons who have extensive knowledge of and experience in the fields related to landscape, such as architecture, city, landscape architecture, civil engineering works, environment, culture, agriculture and forestry, design and outdoor advertising; |
| (b) | In addition to matters prescribed in item (a), Article 25 (1), (3) and (4) shall apply mutatis mutandis to the composition of the relevant committee. In such cases, "landscape committee" in Article 25 (1) shall be construed as "committee related to landscape organized by the agency awarding a contract", and "paragraph (2) 3" in Article 25 (4) shall be construed as "(a) (ii)". |
| (4) | In addition to matters prescribed in paragraph (2), necessary matters concerning procedures for deliberation, etc. shall be prescribed and announced by the Minister of Land, Infrastructure and Transport where an infrastructure project undergoes the deliberation of the landscape committee. |
| Article 19 (Development Projects, etc. Subject to Deliberation on Landscape) |
| (1) | "Development projects prescribed by Presidential Decree, such as urban development projects" in Article 27 (1) of the Act means any of the following development projects, which are specified in attached Table: |
| 1. | A development project for an area intended for the development project, the area of which is at least 30,000 square meters, implemented in the urban area (hereinafter in this paragraph referred to as "urban area") under subparagraph 1 of Article 6 of the National land Planning and Utilization Act; |
| 2. | A development project for an area intended for the development project, the area of which is at least 300,000 square meters, implemented in the area other than the urban area; |
| 3. | Notwithstanding subparagraphs 1 and 2, in case of a development project falling under subparagraph 3 (c) of attached Table, a development project for an area intended for the development project, the area of which is at least 200,000 square meters. |
| (2) | Where a person who implements a development project deliberated by the landscape committee pursuant to Article 27 (1) of the Act intends to make any of the following alterations to the relevant development project, he/she shall go through the process of deliberation by the landscape committee again before he/she obtains the designation of a zone, or approval, etc., of a project plan subsequent to such alterations: In such cases, where he/she implements one development project deliberated on landscape by the landscape committee by partitioning it into at least two zones, etc., the following subparagraphs shall apply to the respective partitioned projects by regarding them as an individual development project: <Newly Inserted by Presidential Decree No. 27921, Feb. 28, 2017> |
| 1. | Where the area of the zone intended for the development project increases or decreases by at least 30 percent (excluding cases where the development project does not fall under any of the subparagraphs of paragraph (1) due to the decrease in the area thereof); |
| 3. | Where the maximum height of a building is heightened or the floor area ratio thereof is increased. |
| (3) | Where a legal fiction occurs in a building permit under Article 11 of the Building Act in accordance with the designation of a zone for the development project, or approval, etc. of a project plan under paragraph (1), in which case the relevant building falls under any of the subparagraphs of Article 28 (1) of the Act, deliberation on landscape under Article 28 of the Act shall be included in deliberation on landscape in relation to the relevant development project. <Newly inserted by Presidential Decree No. 27921, Feb. 28, 2017> |
| (4) | Where a development project undergoes the deliberation of the landscape committee pursuant to Article 27 (1) of the Act, the timing of the deliberation shall be as specified in attached Table. |
| (5) | In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning procedures for deliberation and necessary documents shall be prescribed and announced by the Minister of Land, Infrastructure and Transport where a development project undergoes the deliberation of the landscape committee. <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| Article 20 (Formulation, etc. of Preliminary Landscape Plan) |
| (1) | "Development project of at least the scale prescribed by Presidential Decree" in the main sentence of Article 27 (3) of the Act means the development project for an area intended for the development project, the area of which is at least 300,000 square meters, or the gross floor area of a building built by which is at least 200,000 square meters. |
| (2) | The operator of a development project who intends to formulate a preliminary landscape plan pursuant to Article 27 (3) of the Act shall endeavor to reflect the landscape plan of the relevant area in the preliminary landscape plan. |
| (3) | When the operator of a development project who intends to formulate a preliminary landscape plan pursuant to Article 27 (3) of the Act formulates the preliminary landscape plan and applies for deliberation of the landscape committee, he/she shall submit his/her application along with documents prescribed and announced by the Minister of Land, Infrastructure and Transport, such as a master plan and an implementation plan related to the preliminary landscape plan. |
| (4) | In addition to matters prescribed in paragraphs (1) thorough (3), necessary matters concerning the detailed methods of preparation of and procedures for deliberation on a preliminary landscape plan shall be prescribed and announced by the Minister of Land, infrastructure and Transport. |
| Article 21 (Deliberation on Landscape of Buildings) |
| (1) | A person who intends to construct a building which falls under any of the subparagraphs of Article 28 (1) of the Act shall go through the process of deliberation by the landscape committee established under the jurisdiction of a person who has authority to issue a building permit (including the commissioner of a free economic zone authority) before he/she obtains a building permit under Article 11 of the Building Act: Provided, That Where the building falls under any of the following, he/she shall go through the process of deliberation by the landscape committee provided for in the relevant subparagraph: <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| 1. | Where the building committee established by the Mayor/Do Governor pursuant to Article 4 (1) of the Building Act deliberates on the construction of the relevant building: The landscape committee established under the jurisdiction of the relevant Mayor/Do Governor; |
| 2. | Where the landscape committee deliberates on the landscape of the relevant building pursuant to Article 19 (3): The landscape committee which deliberates on the landscape of the relevant development project. |
| 2. | Reasons for requesting lenient standards and anticipated effect; |
| 3. | A plan for construction, maintenance, management, etc. of a building. |
| (3) | Procedures for deliberation by the landscape committee under paragraph (1) and methods of preparation of a request for application of lenient building standards under paragraph (2) shall be prescribed and announced by the Minister of Land, Infrastructure and Transport. |
| Article 22 (Committees Related to Landscape) |
"Committees related to landscape prescribed by Presidential Decree" in the proviso to Article 29 (1) of the Act means the following committees: <Amended by Presidential Decree No. 26754, Dec. 22, 2015; Presidential Decree No. 26762, Dec. 28, 2015; Presidential Decree No. 27323, Jul. 6, 2016; Presidential Decree No. 27921, Feb. 28, 2017; Act No. 28211, Jul. 26, 2017> | 1. | The following committees designated by the Minister of Land, Infrastructure and Transport: |
| (g) | The Central Harbor Policy Deliberative Committee established within the Ministry of Oceans and Fisheries pursuant to Article 4 of the Harbor Act; |
| 2. | The following committees designated by the relevant Mayor/Do Governor, etc. (In case of the head of an administrative Si and the head of a free economic zone authority, referring to the Mayor/Do Governor): |
| (g) | Other committees prescribed by Ordinance of the relevant local government. |
| Article 23 (Composition and Management of Joint Committee) |
| (1) | Where a committee established pursuant to the other Act and the landscape committee (including a committee related to landscape that performs functions of the landscape committee on its behalf pursuant to the proviso to Article 29 (1) of the Act) intend to conduct joint deliberations pursuant to Article 29 (3) of the Act, both committees shall organize a joint committee (hereinafter referred to as "joint committee"). |
| (2) | The joint committee shall be composed of not more than 30 members appointed or commissioned by the Minister of Land, Infrastructure and Transport or the relevant Mayor/Do Governor, etc. among the members of the landscape committee and the committee established pursuant to the other Act, and members of the landscape committee shall be at least 1/3 of the members of the whole joint committee. |
| (3) | Notwithstanding paragraph (2), where at least three committees including the landscape committee are formed into the joint committee, the number of landscape committee members constituting the joint committee may be reduced to less than a third; but shall be at least five. <Newly Inserted by Presidential Decree No. 27921, Feb. 28, 2017> |
| (4) | The chairperson of the joint committee shall be elected by the joint committee from among its members. <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| (5) | The joint committee shall hold meetings when a majority of the incumbent members are present and pass resolutions with the approval of a majority of the members present. |
| (6) | In addition to matters prescribed in paragraphs (1) through (5), matters necessary for the composition and management of the joint committee shall be prescribed and announced by the Minister of Land, Infrastructure and Transport or prescribed by Ordinance of the relevant local government. <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| Article 24 (Matters Subject to Deliberation of Landscape Committee) |
"Matters prescribed by Presidential Decree" in Article 30 (1) 8 of the Act means the following matters. In such cases, only the landscape committee established under the jurisdiction of the Mayor/Do Governor, etc. falls under subparagraph 3: | 1. | Determination of the local agreement for which support, such as expenses, is provided pursuant to Article 25 (2) of the Act; |
| 2. | Matters prescribed by other Acts and subordinate statutes to undergo the deliberation of the landscape committee; |
| 3. | Other matters prescribed by Ordinance of the relevant local government. |
| Article 25 (Composition, etc. of Landscape Committee) |
| (1) | The landscape committee (limited to where the landscape committee is established under the jurisdiction of the Mayor/Do Governor, etc. pursuant to Article 29 (1) of the Act; hereinafter the same shall apply) shall be composed at least 10, nor more than 70, members including one chairperson and one vice chairperson. |
| (2) | Members of the landscape committee shall be appointed or commissioned by the relevant Mayor/Do Governor, etc. from among persons falling under any of the following. In such cases, the number of members falling under subparagraph 3 shall be at least 1/2 of the whole landscape committee: |
| 1. | Members of the relevant local council (in case of an administrative Si or a free economic zone authority, referring to the City/Do council to which the administrative Si or the free economic zone authority belongs); |
| 2. | Public officials of the relevant local government or an administrative agency related to landscape planning; |
| 3. | Persons who have extensive knowledge of and experience in fields related to landscape planning, such as architecture, city, landscape architecture, civil engineering works, transport, environment, culture, agriculture and forestry, design, and outdoor advertising. |
| (3) | The chairperson and the vice chairperson of the landscape committee shall be elected by the landscape committee from among its members. <Amended by Presidential Decree No. 27921, Feb. 28, 2017> |
| (4) | The term of office of members falling under paragraph (2) 3 shall be two years, and the term of office of a member newly commissioned due to the resignation, etc. of his/her predecessor shall be the remaining term of the term of office of his/her predecessor. |
| Article 26 (Management, etc. of Landscape Committee) |
| (1) | The chairperson of the landscape committee shall preside over its affairs, convene and preside at its meetings. |
| (2) | Where the chairperson of the landscape committee is unable to perform any of his/her duties for unavoidable reasons, the vice chairperson shall perform such duties on the chairperson's behalf, and where both the chairperson and the vice chairperson are unable to perform any of his/her duties for unavoidable reasons, a member appointed by the chairperson in advance shall perform such duties on their behalf. |
| (3) | Meetings of the landscape committee shall be comprised of the following persons: |
| 3. | Eight to twenty members designated by the chairperson whenever he/she holds a meeting. |
| (4) | The landscape committee shall hold meetings when a majority of the constituent members under paragraph (3) are present and pass resolutions with the approval of a majority of the members present. |
| (5) | The Mayor/Do Governor shall disclose a list of members present at a meeting and the result of the meeting on the Internet homepage within ten days after the closure of the meeting: Provided, That where the landscape committee conducts deliberation in collaboration with the committee established pursuant to the other Act pursuant to Article 29 (3) of the Act, the Mayor/Do Governor shall comply with standards for disclosure prescribed by the relevant Act. |
| (6) | One administrative secretary and several secretaries may be assigned to the landscape committee, and they shall be appointed by the chairperson of the landscape committee. |
| (7) | Where necessary for improving the efficiency of deliberation on landscape by the landscape committee, the landscape committee may establish subcommittees based upon types, etc. of projects subject to deliberation. |
| (8) | A member appointed by the chairperson of the landscape committee shall become the chairperson of a subcommittee, and meetings of the subcommittee shall be comprised of not more than seven members including the chairperson of the subcommittee. |
| (9) | In addition to matters prescribed in paragraphs (1) through (8), matters necessary for the management of the landscape committee and the composition and management of subcommittees shall be prescribed by Ordinance of the relevant local government. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 7, 2014.
Article 2 (Transitional Measures concerning Enforcement of Road Act) "Article 23 of the Road Act" in the amended provision of Article 18 (2) 2 (a) shall be construed as "Article 20 of the Road Act" until July 14, 2014.
Article 3 (Transitional Measures concerning Enforcement of Construction Technology Promotion Act) "Subparagraph 6 of Article 2 of the Construction Technology Promotion Ac" in the amended provision of Article 18 (3) shall be construed as "subparagraph 5 of Article 2 of the Construction Technology Management Act" until May 22, 2014, and "technical advisory committee under Article 6 (1) of the Construction Technology Promotion Act" in the amended provision of subparagraph 1 of the aforesaid paragraph shall be construed as "design advisory committee under Article 5-2 of the Construction Technology Management Act" until May 22, 2014.
Article 4 (Relationship with Other Acts and Subordinate Statutes)
Where the provision of the former Enforcement Decree of the Landscape Act is cited by other Act or subordinate statute at the time this Decree enters into force, the relevant provision of this Decree shall be construed cited in lieu of the former provision.
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 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 the Presidential Decrees amended by Article 5 of Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to come, shall enter into force on their enforcement dates.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27285, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27323, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27921, Feb. 28, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Development Projects Subject to Deliberation on Landscape)
The amended provisions of Article 19 (2) and subparagraph 1 (d) of attached Table shall also apply to cases where a person who implements a development project files an application for deliberation on landscape pursuant to the former provisions thereof as at the time this Decree enters into force.
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 the Presidential Decrees amended by Article 8 of Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to come, shall enter into force on their enforcement dates.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 through 3 Omitted.