ENFORCEMENT DECREE OF THE SEOUL METROPOLITAN AREA READJUSTMENT PLANNING ACT
Wholly Amended by Presidential Decree No. 21268, Jan. 16, 2009
Amended by Presidential Decree No. 21515, May 29, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21656, Jul. 30, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22704, Mar. 9, 2011
Presidential Decree No. 23085, Aug. 19, 2011
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25249, Mar. 11, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25942, Dec. 30, 2014
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 28137, jun. 20, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 29172, Sep. 18, 2018
| Article 2 (Extent of Areas Adjacent to Seoul Special Metropolitan City to Be Included in Seoul Metropolitan Area) |
| Article 3 (Types of Population-Concentration Facilities) |
"Population-concentrating facilities" in subparagraph 3 of Article 2 of the Act means any of the following facilities. In such cases, when the total floor area of a building falling under the facilities under subparagraphs 3 through 5 or the area of a facility is calculated, the total floor area of each building or the area of each facility shall be added if building sites adjoin and the owners (including users in cases of public buildings under subparagraph 3), of which are the same person: <Amended by Presidential Decree No. 21641, Jul. 27, 2009; Presidential Decree No. 22704, Mar. 9, 2011> | 1. | Schools as define in Article 2 of the Higher Education Act, such as colleges and universities, industrial colleges, teachers’ colleges, or junior colleges (including all kinds of schools corresponding thereto; hereinafter the same shall apply); |
| 3. | Any of the following public office buildings (excluding libraries, exhibit halls, performance halls and public office buildings of military units among military installations, and office buildings of the National Intelligence Service and affiliated agencies; hereinafter the same shall apply) and the total floor area of the buildings is at least 1,000 square meters: |
| (a) | Office buildings of central administrative agencies and affiliated agencies; |
| (b) | Offices (including research institutes, training facilities, etc.; hereinafter the same shall apply) of the following corporations (hereinafter referred to as "public corporations"): |
| (i) | A corporation in which the Government has invested at least 50 percent of the capital, or a corporation in which such corporation has invested at least 50 percent of the capital; |
| (iii) | A corporation which is eligible for Government contributions under any relevant Act and accepts or has accepted contributions from the Government; |
| (iv) | A corporation to be established under respective statutes, which has been established directly under a relevant statute without obtaining authorization or permission from the competent Minister; |
| (a) | Office buildings: buildings, the main use〔referring to where the total area of office-use facilities in a building is the largest among the respective areas for different uses as classified in attached Table 1 of the Enforcement Decree of the Building Act (hereinafter referred to as "respective areas for different uses"); hereafter the same shall apply in this item〕of which is for any of the following facilities (hereinafter referred to as "office-use facilities"), and the total floor area of which is at least 25 thousand square meters, or buildings, the main use of which is not for office-use facilities and the total area of the office-use facilities is at least 25 thousand square meters: |
| (ii) | First-class neighborhood living facilities under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act, second-class neighborhood living facilities under subparagraph 4 of the same Table, cultural and assembly facilities under subparagraph 5 of the same Table (limited to facilities under items (d) and (e) of the same subparagraph) and warehouse facilities under subparagraph 18 of the same Table: Provided, That this shall apply only where the area of each facility is smaller than the total area of the facilities prescribed in sub-item (i); |
| (b) | Commercial buildings: the following buildings: |
| (i) | Buildings, the main use (referring to where the total floor space of commercial facilities in a building is the largest among the respective areas for different uses; hereafter the same shall apply in this item) of which is for any of the following facilities (hereinafter referred to as "commercial facilities"), and the total floor area of which is at least 15 thousand square meters, or buildings, the main purpose of which is not for commercial facilities and the total area of the commercial facilities is least 15 thousand square meters: |
| b. | First-class neighborhood living facilities under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act, second-class neighborhood living facilities under subparagraph 4 of the same Table, cultural and assembly facilities under subparagraph 5 of the same Table, sports facilities under subparagraph 13 of the same Table, and warehouse facilities under subparagraph 18 of the same Table: Provided, That this shall apply only where the area of each facility is smaller than the total area of the facilities under a.; |
| (ii) | Buildings, the main use (refers to where the total area of complex facilities in a building is the largest among the respective areas for different uses; hereafter the same shall apply in this item and item (c)) of which is not for office-use facilities or commercial facilities (hereinafter referred to as "complex facilities"), and the total area of complex facilities is at least 15 thousand square meters, but not exceeding 25 thousand square meters, and the area of commercial facilities exceeds that of office-use facilities; |
| (c) | Composite buildings: buildings, the main use of which is for complex facilities and the total floor area of which is at least 25 thousand square meters, or buildings, the main use of which is not for complex facilities and the total floor area of the relevant complex facilities is at least 25 thousand square meters; |
| 5. | In-service training facilities, the total floor area of which is at least 30 thousand square meters, which include education centers under subparagraph 10 (b) of attached Table 1 of the Enforcement Decree of the Building Act, vocational training centers under item (c) of the same subparagraph, and driving and auto repair-related vocational training centers under subparagraph 20 (g) of the same Table: Provided, That any facility established by a local government, or by a corporation in which a local government has made investments or contributions shall be excluded. |
| Article 4 (Types of Large-Scale Development Projects) |
"Project, the type of which is prescribed by Presidential Decree, and the scale of which is not less than those prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means any of the following projects. In such cases, any project, the total area of which is at least the scale determined in the following as a result of partial development or related development over several occasions for the same purpose shall be included: <Amended by Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 25942, Dec. 30, 2014> | 1. | Any of the following projects to create a housing site (hereinafter referred to as "housing site creation project") and the area of which is at least one million square meters: |
| (b) | A housing construction project and a site creation project under the Housing Act; |
| 2. | Any of the following projects to create industrial sites (hereinafter referred to as "industrial site creation project") and the area of which is at least three hundred thousand square meters: |
| 3. | Any of the following projects to create tourist resorts (hereinafter referred to as "tourist resort creation project") and the area of district planned for facilities in which is at least one hundred thousand square meters: Provided, That the area of a tourist resort creation project implemented on a reclaimed public water surface shall be at least 300,000 square meters: |
| (a) | A project to create a tourist resort, tourist complex or tourist facilities under the Tourism Promotion Act; |
| (c) | A project to build hot spring facilities under the Hot Spring Act; |
| 4. | An urban development project under the Urban Development Act (hereinafter referred to as "urban development project"), the area of which is at least one million square meters, or urban development projects, the area of which is less than one million square meters, which include factory zones of at least 300,000 square meters; |
| 5. | A regional development project provided for in the Regional Development Assistance Act (limited to regional development projects conducted in a regional comprehensive development district designated and publicly announced under the Balanced Regional Development and Support for Local Small and Medium Enterprises Act, which is construed as a regional development project district pursuant to Article 4 (3) of the Addenda to the Regional Development Assistance Act (Act No. 12737); hereafter the same shall apply in this subparagraph), the area of which is at least one million square meters, and a regional development project, the area of which is less than one million square meters, which includes an industrial zone of at least 300,000 square meters or a tourist complex of at least 100,000 square meters. |
| Article 5 (Types of Industrial Areas) |
"Area, the type of which is prescribed by Presidential Decree, and the scale of which is not less than those prescribed by Presidential Decree" in subparagraph 5 (b) of Article 2 of the Act means any of the following areas: <Amended by Presidential Decree No. 21656, Jul. 30, 2009; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 28137, Jun. 20, 2017>
| Article 6 (Minor Alterations in Seoul Metropolitan Area Readjustment Plans) |
Amendments of "insignificant matters prescribed by Presidential Decree" in the proviso to Article 4 (2) of the Act refer to alterations to part of the matters falling under the provisions of Article 4 (1) 3 through 9 of the Act insofar as they do not alter the Seoul Metropolitan Area Readjustment Plan on the whole.
| Article 7 (Public Notice of Seoul Metropolitan Area Readjustment Plans) |
Where the Seoul Metropolitan area readjustment plan has been decided upon pursuant to Article 4 (3) of the Act, the Minister of Land, Infrastructure and Transport shall announce the details of the plan and the grounds therefor in the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 8 (Reporting Performance Records of Implementation Plans under Jurisdiction) |
The heads of central administrative agencies and the Seoul Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors (hereinafter referred to as the "Mayor/Do Governor") shall submit their performance records of the implementation plan under their respective jurisdiction pursuant to Article 5 (4) of the Act to the Minister of Land, Infrastructure and Transport by no later than January 31 of each year. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 9 (Extent of Region) |
The respective extent of each overconcentration control region, growth management region, and nature preservation region under Article 6 of the Act, shall be as listed in attached Table 1.
| Article 10 (Restrictions on Acts within Overconcentration Control Region) |
"Schools, public office buildings, in-service training facilities and other population-concentrating facilities prescribed by Presidential Decree" in Article 7 (1) 1 of the Act means any of the following: | 1. | Schools falling under subparagraph 1 of Article 3 (hereinafter referred to as "schools"); |
| 2. | Public office buildings falling under subparagraph 3 of Article 3 (hereinafter referred to as "public office buildings"); |
| 3. | In-service training facilities falling under subparagraph 5 of Article 3 (hereinafter referred to as "in-service training facilities"). |
| Article 11 (Easing Restrictions on Acts within Overconcentration Control Region) |
The head of any relevant administrative agency may do any of the following acts, or grant permission, authorization, approval of, or have consultations, etc. (hereinafter referred to as "permission, etc.") for such acts within the overconcentration control region pursuant to Article 7 (2) of the Act: <Amended by Presidential Decree No. 22704, Mar. 9, 2011; Presidential Decree No. 24443, Mar. 23, 2013> | (a) | Establishment of industrial colleges, junior colleges or graduate schools within the scope consistent with the details of restriction on the total allowable admission quota prescribed in Article 24: Provided, That as for industrial colleges and junior colleges, it shall only apply to establishment in an area outside the Seoul Special Metropolitan City; |
| (b) | Increase in the school admission quota within the scope consistent with the details of restriction on the total allowable admission quota under Article 24; |
| (c) | Relocation of schools from overconcentration control region (excluding relocation of schools into the Seoul Special Metropolitan City): Provided, That where a university or teachers’ college is relocated, it shall apply only where it is inevitable in view of educational policies, such as the improvement of educational conditions or such relocation is deliberated upon by the Seoul Metropolitan Area Readjustment Committee (hereinafter referred to as the "Seoul Metropolitan Area Readjustment Committee") under Article 21 of the Act in order to ensure balanced development between areas with the city; |
| (d) | Increase in the admission quota of Korea National University of Arts founded under the Decree on the Establishment of Korea National University of Arts to establish its schools; |
| (e) | Converting a nursing junior college, the number of years required to graduate from which is three years, among junior colleges into a nursing college in a university, which meets the following requirements: |
| (i) | That ten years have passed since the establishment of such nursing junior college; |
| (ii) | That the quota of the nursing college intended for conversion shall not exceed the quota of the nursing junior college; |
| (iii) | That such conversion has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (f) | New establishment, enlargement, or relocation of universities due to amalgamation of universities and junior colleges (excluding amalgamation of universities outside the Seoul Special Metropolitan City and junior colleges within the Seoul Special Metropolitan City) based on standards for amalgamation of national universities and private universities, which have been announced by the Minister of Education for the structural reform of universities, and which meet the following requirements: |
| (i) | That it has been requested by the relevant university or junior college to the Minister of Education after considering the opinion of the competent Mayor/Do Governor, which shall be deliberated upon by the Seoul Metropolitan Area Readjustment Committee by no later than December 31, 2012; |
| (ii) | That the university headquarters is not relocating into the overconcentration control region from outside thereof, or is not newly established in the overconcentration control region; |
| (iii) | That the school buildings, school sites, etc. of the relevant university are used in the same manner as before, and the school buildings, school sites, etc. of the junior college to be closed shall be converted into the school buildings, school sites, etc. of such university; |
| (g) | Establishment of a university or college following closure of an industrial college under Article 40-2 of the Higher Education Act, which was deliberated upon by the Seoul Metropolitan Area Readjustment Committee by no later than September 28, 2011; |
| 2. | In cases of public office buildings: |
| (a) | New construction, enlargement, or altered use of, any of the following public buildings, which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee: Provided, That only enlargement or altered of use shall be permitted for public buildings falling under sub-item (ii), however, new construction of an office in the overconcentration control zone by a public corporation falling under sub-item (iii) shall be excluded: |
| (i) | Office buildings of central administrative agencies (excluding Administrations); |
| (ii) | Office buildings of the Administrations among central administrative agencies, and office buildings of agencies affiliated with the central administrative agencies (excluding the office buildings of educational, training or testing institutions); |
| (iii) | Offices of public corporations; |
| (b) | Any of the following acts: |
| (i) | New construction, enlargement, or altered use of office buildings or offices of agencies or public corporations that have jurisdiction over only the Seoul Metropolitan area among agencies affiliated with central administrative agencies and public corporations (including branch offices); |
| (ii) | New construction, enlargement, or altered use of office buildings or offices of agencies or public corporations that have jurisdiction over only the Seoul Metropolitan area and it surrounding Do areas among agencies affiliated with central administrative agencies and public corporations (including branch offices), which has been consulted upon with the Minister of Land, Infrastructure and Transport. |
| Article 12 (Restrictions on Acts within Growth Management Region) |
| (1) | "Installation or extension of such schools, public office buildings, in-service training facilities and other population-concentrating facilities prescribed by Presidential Decree" in Article 8 (1) of the Act means the new establishment or enlargement of schools, public office buildings or in-service training facilities, other than the following: <Amended by Presidential Decree No. 22704, Mar. 9, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| (a) | New establishment of industrial colleges, junior colleges, graduate schools, or colleges with an annual admission quota of up to 50 students (refers to universities, the annual admission quota of which is up to 100 in cases of universities in the hi-tech fields, such as computer, communications, design, video, new materials, and bio-technology courses, which are determined and publicly announced by the Minister of Education; hereinafter referred to as "small-scale university") within the scope consistent with the details of restriction on the total allowable admission quota prescribed in Article 24: Provided, That where a new small-scale university is established, it shall only apply where such establishment has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (b) | Increase in the school admission quota within the scope consistent with the details of regulation on the total allowable admission quota prescribed in Article 24; |
| (c) | Increase in the school admission quota of a small-scale university for which eight years have not passed since its establishment (limited to an increase within 100 percent of the initial school admission quota, however, no increase in the school admission quota under item (b) shall be permitted within eight years since its establishment), and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (d) | Relocation of schools from the Seoul Metropolitan area; |
| (e) | New establishment, enlargement or relocation of universities due to amalgamation of universities and junior colleges based on standards for amalgamation of national universities and private universities, which have been announced by the Minister of Education for the structural reform of universities, which meet the following requirements: |
| (i) | That it has been requested by the relevant university or junior college to the Minister of Education after considering the opinion of the competent Mayor/Do Governor, which shall be deliberated upon by the Seoul Metropolitan Area Readjustment Committee by no later than December 31, 2012; |
| (ii) | That the university headquarters is not relocating into the growth management region from outside the Seoul Metropolitan area, or is not newly established within the growth management region; |
| (iii) | That the school buildings, school sites, etc. of the relevant university are used in the same manner as before, and the school buildings, school sites, etc. of the junior college to be closed shall be converted into the school buildings, school sites, etc. of such university; |
| (f) | Establishment of a university or college following closure of an industrial college under Article 40-2 of the Higher Education Act, which was deliberated upon by the Seoul Metropolitan Area Readjustment Committee by no later than September 28, 2011; |
| 2. | In cases of public office buildings: |
| (a) | New construction or enlargement or altered use of any of the following public office buildings, which has been deliberation upon by the Seoul Metropolitan Area Readjustment Committee: Provided, That where only enlargement or altered use shall be permitted for public office building falling under sub-item (ii), and new construction of an office in the growth management region by a public corporation falling under sub-item (iii) shall be excluded: |
| (i) | Office buildings of central administrative agencies (excluding Administrations); |
| (ii) | Office buildings of the Administrations among central administrative agencies, and office buildings of the agencies affiliated with central administrative agencies (excluding office buildings of educational, training or testing institutions); |
| (iii) | Offices of public corporations; |
| (b) | Any of the following acts: |
| (i) | New construction, enlargement or altered use of office buildings, or offices of the institutions or public corporations that have jurisdiction over the Seoul Metropolitan area only among the agencies affiliated with central administrative agencies, or public corporations (including branch offices); |
| (ii) | New construction, enlargement or altered use of office buildings, or offices of the institutions or public corporations that have jurisdiction over the Seoul Metropolitan area only and its surrounding Do areas among agencies affiliated with central administrative agencies, or public corporations (including branch offices), which has been consulted upon with the Minister of Land, Infrastructure and Transport; |
| 3. | In cases of in-service training facilities: |
| (a) | New construction, enlargement, or altered use of existing in-service training facilities, which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (b) | Enlargement of existing in-service training facilities within 20 percent of total floor area; |
| (c) | New construction, enlargement, or altered use within the existing scale of in-service training facilities which are relocating from the Seoul Metropolitan area. |
| (2) | "Scope prescribed by Presidential Decree" in Article 8 (2) of the Act means any of the following areas: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | An area needed to systematically attract factories, etc. relocating from the overconcentration control region; |
| 2. | An area needed to diversify income sources of the residents living in an area substantially underdeveloped than other areas; |
| 3. | An area needed to reorganize an area crowded with factories; |
| 4. | An area which the head of a relevant central administrative agency deems necessary for industrial policies, and requests to the Minister of Land, Infrastructure and Transport. |
| Article 13 (Restrictions on Acts within Nature Preservation Region) |
| (1) | "Development projects, the types of which are prescribed by Presidential Decree, and in excess of the scale prescribed by Presidential Decree" in subparagraph 1 of Article 9 of the Act means the following projects. In such cases, any project (excluding any project performed within a residential area, commercial area or industrial area within an urban area, or a development promotion district designated under Article 36 or 37 of the National Land Planning and Utilization Act), the total area of which is at least the scale determined in the following as a result of partial development or related development (hereinafter referred to as "related development") over several occasions for the same purpose shall be included: |
| 2. | An industrial site creation project which covers an area of at least 30,000 square meters; |
| 3. | A tourist resort creation project with a facility planning district of at least 30,000 square; |
| 4. | An urban development project which covers an area of at least 30,000 square meters; |
| 5. | A comprehensive regional development project which covers an area of at least 30,000 square. |
| (2) | "Schools, public office buildings, office buildings, commercial buildings, in-service training facilities, and other population-concentrating facilities prescribed by Presidential Decree" in subparagraph 2 of Article 9 of the Act means any of the following facilities: |
| 2. | Public office buildings; |
| 3. | Office buildings, commercial buildings or composite buildings, the area excluding the area of warehouses (limited to facilities that do not discharge sewage as defined in subparagraph 1 of Article 2 of the Sewerage Act) and parking lots of which fall under any item of subparagraph 4 of Article 3; |
| 4. | Education centers under subparagraph 10 (b) of attached Table 1 of the Enforcement Decree of the Building Act, vocational training centers under item (c) of the same subparagraph, and vocational skill development training facilities established and operated by business operators prescribed by the Act on the Development of Vocational Skills of Workers among driving and auto repair-related vocational training centers under subparagraph 20 (g) of the same Table. |
| (3) | The Minister of Land, Infrastructure and Transport may establish detailed application standards, etc. of related development, and shall publicly announce the standards, etc. so established it in the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 14 (Easing Restrictions on Acts within Nature Preservation Region) |
| (1) | The head of any relevant administrative agency may do any of the following acts, or grant permission, etc. for such acts within a nature preservation region pursuant to the proviso to the main body of Article 9 of the Act: <Amended by Presidential Decree No. 22704, Mar. 9, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Projects which cover an area (referring to the area of a district planned for facilities in cases of a tourist resort creation project) not exceeding 60,000 square meters, and which have been deliberated upon by the Seoul Metropolitan Area Readjustment Committee among the housing site creation projects, urban development projects, comprehensive regional development projects or tourist resort creation projects performed in an area other than an area where a plan to control the total pollution load is implemented; |
| 2. | In cases of housing site creation projects, urban development projects, comprehensive regional development projects or tourist resort creation projects performed in an area where a plan to control the total pollution load is implemented: |
| (ii) | A housing site creation project performed within a district unit planning zone of less than 100,000 square meters, designated Article 51 of the National Land Planning and Utilization Act among housing site creation projects performed within an urban area, etc., where there is no land for additional development because the urbanization, etc. of the surrounding area is already complete, and which has been consulted upon with the Minister of Land, Infrastructure and Transport; |
| (iii) | A housing site creation project performed within a district unit planning zone of 100,000 to 500,000 square meters, designated under Article 51 of the National Land Planning and Utilization Act, among housing site creation projects performed within an area, other than an urban area, etc., and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (iv) | A housing site creation project performed within a district unit planning zone of 100,000 to 500,000 square meters (refers to the aggregate area of each district unit planning zone), designated under Article 51 of the National Land Planning and Utilization Act, among housing site creation projects performed in an area extending over the urban area, etc. and an area other than the urban area, etc., and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (i) | An urban development project or comprehensive regional development project (excluding cases falling under (iii)) that covers an area not exceeding 60,000 square meters, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (ii) | An urban development project or comprehensive regional development project performed in an urban area, etc., which covers an area of at least 100,000 square meters, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (iii) | An urban development project or comprehensive regional development project performed in an urban area, etc., which covers less than 100,000 square meters, and where there is no land for additional development because the urbanization, etc. of the surrounding area is already complete, and which has been consulted upon with the Minister of Land, Infrastructure and Transport; |
| (iv) | An urban development project or comprehensive regional development project performed in a non-urban area, or performed in an area extending over an urban area, etc. and a non-urban area etc., which covers 100,000 up to 500,000 square meters, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (c) | A tourist resort creation project with a facility planning district of at least 30,000 square meters, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| 3. | An industrial site creation project which covers up to 60,000 square meters, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (a) | New establishment of junior colleges, graduate schools or small-scale universities within the scope consistent with details of restriction on the total allowable admission quota prescribed in Article 24, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (b) | Increase in the school admission quota within the scope consistent with details of restriction on the total allowable admission quota prescribed in Article 24; |
| (c) | Increase in the school admission quota of small-scale universities for which eight years have not passed since its establishment (limited to an increase within 100 percent of the initial school admission quota, and no increase in the quota under item (b) shall be permitted within eight years since its establishment) and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| (d) | Relocation of junior colleges, graduate schools or small-scale universities within a nature preservation region; |
| (e) | New establishment, enlargement, or relocation of universities due to amalgamation of universities and junior colleges based on standards for amalgamation of national universities and private universities announced by the Minister of Education for the structural reform of universities, which meet the following requirements: |
| (i) | That it has been requested by the relevant university or junior college to the Minister of Education after hearing the opinion of the competent Mayor/Do Governor, which was deliberated upon by the Seoul Metropolitan Area Readjustment Committee by no later than December 31, 2012; |
| (ii) | That the university headquarters is relocating into a nature preservation region from outside thereof, or is not newly established therein; |
| (iii) | That the school buildings, school sites, etc. of the relevant university are used in the same manner as before, and the school buildings, school sites, etc. of the junior colleges to be closed are converted into the school buildings, school sites, etc. of such university; |
| 5. | In cases of public office buildings: |
| (a) | New construction, enlargement, or altered of use of any of the following public office buildings, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee: Provided, That only enlargement or altered use shall be permitted for public office buildings falling under sub-item (ii), and new construction of an office in a nature preservation region by a public corporation falling under sub-item (iii) shall be excluded: |
| (i) | Office buildings of central administrative agencies (excluding Administrations); |
| (ii) | Office buildings of Administrations among central administrative agencies, and office buildings of agencies affiliated with central administrative agencies (excluding office buildings of educational, training or testing institutions); |
| (iii) | Offices of public corporations; |
| (b) | Any of the following acts: |
| (i) | New construction, enlargement or altered use of office buildings, or offices of agencies or public corporations that have jurisdiction over the Seoul Metropolitan area only among agencies affiliated with central administrative agencies, or public corporations (including branch offices); |
| (ii) | New construction, enlargement or altered use of office buildings or offices of the agencies or public corporations that have jurisdiction over the Seoul Metropolitan area only and its surrounding Do areas among agencies affiliated with central administrative agencies, or public corporations (including branch offices), which has been consulted upon with the Minister of Land, Infrastructure and Transport; |
| 6. | In cases of training facilities: |
| (a) | Enlargement of existing training facilities within ten percent of total floor area of the buildings thereof; |
| (b) | New construction, enlargement (excluding an enlargement within ten percent of the total floor area of the buildings of existing training facilities) or altered use of training facilities in an area where a plan to control the total pollution load is implemented, which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee; |
| 7. | New construction, enlargement or altered use of office buildings, commercial buildings and composite buildings executed in an area where a plan to control total pollution load is implemented. |
| (2) | Where several housing site creation projects are included in the same district unit planning zone in making a request for deliberation to the Seoul Metropolitan Area Readjustment Committee under paragraph (1) 2 (a), such request may be made en bloc. |
| Article 15 (Original Sites) |
"Area not less than that prescribed by Presidential Decree" in Article 11 (2) of the Act means 10,000 square meters or more: Provided, That in cases of the original site within the industrial area under Article 11 (1) of the Act, it means 20,000 square meters or more.
| Article 16 (Imposition and Collection of Overconcentration Charges) |
| (1) | "Area prescribed by Presidential Decree" in Article 12 (1) of the Act means the Seoul Special Metropolitan City, "other buildings prescribed by Presidential Decree" means composite buildings under subparagraph 4 (c) of Article 3, and "alteration of usage prescribed by Presidential Decree" means the altered use from non-office use facilities, non-commercial facilities and complex facilities under subparagraph 4 of Article 3 (hereinafter referred to as "office-use facilities, etc.") into office-use facilities, etc. |
| Article 17 (Reduction in or Exemption from Overconcentration Charges) |
The reduction in or exemption from overpopulation charges (hereinafter referred to as "charges") under Article 12 of the Act shall be granted under each of the following: <Amended by Presidential Decree No. 28137, Jun. 20, 2017; Presidential Decree No. 28628, Feb. 9, 2018> | 1. | No charge shall be imposed on buildings constructed by the State or local governments; |
| 3. | Charges shall be reduced or exempted as prescribed in attached Table 2 for parking facilities, houses, workplace child care centers provided in subparagraph 4 of Article 10 of the Infant Care Act or facilities contributed to and accepted selectively by the State or local governments among such buildings; |
| 4. | No charge shall be imposed on offices of public corporations (including branch offices) which have jurisdiction over the Seoul Metropolitan Area only among such buildings; |
| 5. | Charges shall be reduced or exempted under attached Table 2 for research institutes built in a complex falling under any of the following subparagraphs among research institutes under subparagraph 10 (e) of attached Table 1 of the Enforcement Decree of the Building Act: |
| 7. | No charge shall be imposed in cases of altered use of facilities on which charges have already been imposed among such buildings; |
| 8. | Charges shall be reduced or exempted for the area concerned of a building falling under any of the following items as prescribed in attached Table 2: |
| (a) | Office buildings: 25,000 square meters; |
| (b) | Commercial buildings: 15,000 square meters; |
| (c) | Composite buildings in which the total area of commercial facilities is the largest among the respective area for different uses on which charges may be imposed: 15,000 square meters; |
| (d) | Composite building other than that under item (c): 25,000 square meters. |
| Article 18 (Assessment of Charges) |
| Article 19 (Methods of Imposition and Collection of Charges) |
| (1) | Where the Mayor/Do Governor exercising jurisdiction over a region where the buildings subject to imposition of charges are located intends to impose and collect such charges pursuant to Article 15 (1) of the Act, he/she shall issue a notice of charges stating the relevant building, amount, due date and place for payment to the relevant person obliged to pay on the date of building permit, date of building report, or date of alteration of use. |
| (2) | Where the total floor area of any building has changed or the ground for altering the amount of charges has arisen due to a modification to any terms and conditions of the building permit granted or reported details, or due to the alteration of use, the Mayor/Do Governor shall reissue a notice of payment. |
| (3) | The Mayor/Do Governor shall keep and manage the charge imposition and collection register, and submit a monthly report on imposition and collection records to the Minister of Land, Infrastructure and Transport by 10th of the following month. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | The head of each Si/Gun/Gu (refers to the head of an autonomous Gu; hereinafter the same shall apply) within the jurisdiction of the Seoul Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as "City/Do") that impose charges shall submit the data necessary for the imposition of such charges, including the matters permitted or reported with respect to the buildings subject to imposition of charges. |
| Article 19-2 (Methods of Payment for Charges) |
| (1) | A person obliged to pay may pay the charge with a credit card, debit card, etc. (hereinafter referred to as “credit card, etc.”) via a local non-tax revenue collection agency under Article 21 of the Act on the Collection of Local Non-Tax Revenue (hereinafter referred to as “charge collection agency”). |
| (2) | Where a charge is paid with a credit card, etc. under paragraph (1), the approval date of the charge collection agency shall be deemed to be the payment date. |
| (3) | Article 21 (3) and (4) of the Act on the Collection of Local Non-Tax Revenue shall apply mutatis mutantis to necessary matters in connection with the methods of payment for charges other than those provided for in paragraphs (1) and (2). |
[This Article Newly Inserted by Presidential Decree No. 28137, Jun. 20, 2017]
| Article 20 (Payment of Charges) |
Each Mayor/Do Governor shall pay among the charges collected, by not later than two days after the day on which the charges are collected, to the Bank of Korea (including national treasury agents) or postal service agencies, the amount devolving on the Special Account for Balanced National Development under the Special Act on Balanced National Development. <Amended by Presidential Decree No. 21515, May 29, 2009; Presidential Decree No. 25249, Mar. 11, 2014; Presidential Decree No. 28137, Jun. 20, 2017; Presidential Decree No. 29172, Sept. 18, 2018>
| Article 21 (Object of Regulation by Upper Limit to Factory Areas) |
The regulation by upper limit to factories under Article 18 (2) of the Act shall be applicable on the basis of the area that has been filed for application for alteration to the contents of statements in the register of buildings for the purposes of permission for, or reporting on, construction or permission for, or reporting on, an alteration of use under the Building Act, which is an area for the new construction, enlargement or alteration of use (hereinafter referred to as "factory construction") as prescribed by the same Act of the buildings of a factory falling under subparagraph 2 of Article 3 the same Act. <Amended by Presidential Decree No. 28137, Jun. 20, 2017>
| Article 22 (Computation of Upper Limits on Allowable Factory Areas) |
| (1) | Pursuant to Article 18 (2) of the Act, the Minister of Land, Infrastructure and Transport shall determine the method of computing the upper limits on allowable factory areas following deliberation of the Seoul Metropolitan Area Readjustment Committee and announce the method so determined in the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall determine, every three years, the upper limits on allowable factory areas (hereinafter referred to as "upper limits on allowable factory areas by City/Do") allocated to each City/Do by the computation method under paragraph (1), following deliberation of the Seoul Metropolitan Area Readjustment Committee, and announce such upper limits in the Official Gazette. The same shall apply where the determined upper limits on allowable factory areas for factory construction is altered. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Each Mayor/Do Governor shall submit to the Minister of Land, Infrastructure and Transport by January 31 of the year in which the upper limits on allowable factory areas by City/Do are determined, basic data on setting the upper limits on allowable factory areas by City/Do, including the factories construed during the past three years, areas available for factory construction within industrial sites, and factories to be construed for the coming three years. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | Each Mayor/Do Governor shall formulate an annual allocation plan within the upper limits on allowable factory areas by City/Do, and obtain approval from the Minister of Land, Infrastructure and Transport, and announce the details thereof in the official report of the relevant City/Do. The same shall also apply where an approved annual allocation plan is altered. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (5) | Where each Mayor/Do Governor deems it necessary to systematically manage the construction of factories in consideration of regional conditions of a Si/Gun/Gu (refers to autonomous Gu) under his/her jurisdiction, he/she may allocate the upper limits on allowable factory to each region (hereinafter referred to as "annual upper limits on allowable factory areas by region") within the annual allocation plan approved under paragraph (4) (hereinafter referred to as "annual allocation plan") after consultation with the heads of the relevant administrative agencies, and shall announce the details thereof in the official report issued by the relevant City/Do when he/she allocates the annual upper limits on allowable factory area by region. The same shall apply where the allocated annual upper limits on allowable factory areas by region is altered. |
| Article 23 (Implementation of Upper Limits on Allowable Factory Areas) |
| (1) | Where the factories annually constructed in a City/Do is likely to substantially exceed the annual allocation plan, the Minister of Land, Infrastructure and Transport may restrict the construction of factories in the City/Do upon specifying the type of business, scale, period, etc., following deliberation of the Seoul Metropolitan Area Readjustment Committee, and shall announce the detail of restriction in the Official Gazette when he/she has restricted the construction factories in such City/Do. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Where the factories annually construed in a region is likely to substantially exceed the total upper limits on allowable factory areas by region when the total annual upper limits on allowable factory area by region has been allocated under Article 22 (5), the relevant Mayor/Do Governor may restrict the construction factories the region upon specifying the type of business, scale, period, etc., and shall announce the details of restriction in the official report when he/she has restricted the construction of factories in such region. |
| (3) | The head of each Si/Gun/Gu shall keep and manage the register of total upper limits on allowable factory areas, and shall submit a monthly report on factory construction to the Minister of Land, Infrastructure and Transport via the Mayor/Do Governor by the 10th of the following month. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 24 (Regulation of Upper Limits for Schools) |
| (1) | The details of regulation of upper limits for schools under Article 18 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 22704, Mar. 9, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | The Minister of Land, Infrastructure and Transport shall determine the total increase in the annual admission quota for universities and teachers’ colleges, following deliberation of the Seoul Metropolitan Area Readjustment Committee: Provided, That an increase under Articles 12 (1) 1 (c) and 14 (1) 4 (c) shall be disregarded for the purpose of computing the total increase in the annual admission quota; |
| 2. | The total increase in the admission quota for industrial colleges, junior colleges or graduate schools shall not exceed the following standards: Provided, That this shall not apply where the Minister of Land, Infrastructure and Transport deems it inevitable for the development of the national economy and for the promotion of public welfare, and determines it otherwise following deliberation of the Seoul Metropolitan Area Readjustment Committee: |
| (a) | Industrial colleges and junior colleges: ten percent of the total increase in the nationwide annual admission quota in the previous year; |
| (b) | Graduate schools: 300 persons each year: Provided, That an increase in the annual admission quota for graduate schools in the hi-tech fields, such as computer, communications, design, video, new materials, and biotechnology courses, which is publicly announced by the Minister of Education in consultation with the Minister of Land, Infrastructure and Transport shall be disregarded for the purpose of computing the total increase in the annual admission quota; |
| 3. | The annual admission quota at the time of new establishment, enlargement or relocation of universities due to the amalgamation of universities and junior colleges pursuant to subparagraph 1 (f) of Article 11, Article 12 (1) 1 (e) or 14 (1) 4 (e) shall be separately determined by the Minister of Land, Infrastructure and Transport, following deliberation of the Seoul Metropolitan Area Readjustment Committee, notwithstanding subparagraphs 1 and 2; |
| 4. | The annual admission quota of a university or college to be established under subparagraph 1 (g) of Article 11 or Article 12 (1) 1 (f) shall be separately determined by the Minister of Land, Infrastructure and Transport, following deliberation of the Seoul Metropolitan Area Readjustment Committee, notwithstanding subparagraph 1. |
| (2) | Where the annual admission quota is reduced in line with standards for amalgamation of national universities and private universities, which are publicly announced by the Minister of Education for the structural reform of universities, the Minister of Education shall notify the Minister of Land, Infrastructure and Transport of the details thereof by no later than the end of the relevant year, and the Minister of Land, Infrastructure and Transport shall adjust the total number of admission quota under paragraph (1), reflecting such details. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 25 (Plans to Establish Wide-Area Infrastructure) |
| (1) | The wide-area infrastructure referred to in Article 19 (2) of the Act means the infrastructure in the following subparagraphs, which are established to connect large-scale development project districts and areas outside thereof: |
| 1. | Transport system connecting large-scale development project districts and their adjoining Sis; |
| 2. | Environmental pollution prevention facilities and waste treatment facilities; |
| 3. | Water service facilities established under running water supply plans; |
| 4. | Other facilities requiring large-scale reorganization. |
| (2) | Plans to establish wide-area infrastructure under Article 19 (2) of the Act shall include a method of raising necessary financial resources. |
| Article 25-2 (Measures to Prevent Population Concentration Problems) |
Matters necessary for analyzing the population attraction effect and establishing measures to mitigate population concentration to prevent the population concentration problems under Article 19 (3) of the Act shall be as follows: | 1. | Analyzing the following matters in the areas to be affected by the implementation of a large-scale development project: |
| (a) | Increase or decrease of population, including resident population and working population, which will be caused by major and ancillary facilities to be accommodated following the implementation of a large-scale development project; |
| (b) | Population movement within the Seoul Metropolitan area and population movement between the Seoul Metropolitan area and areas outside the Seoul Metropolitan area, which will be caused by implementation of a large-scale development project; |
| 2. | Establishing economically and technically feasible measures to mitigate population concentration, comprehensively taking into consideration the relations with the population attraction effect analyzed under subparagraph 1. |
[This Article Newly Inserted by Presidential Decree No. 23085, Aug. 19, 2011]
| Article 26 (Composition of Seoul Metropolitan Area Readjustment Committee) |
| (1) | Vice Ministers of the relevant central administrative agencies under Article 22 (3) 1 of the Act shall be the following persons. In such cases, where a central administrative agency has multiple Vice Ministers, the Vice Minister designated by the head of the relevant central administrative agency shall be the member: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Vice Minister of Education; |
| 2. | Vice Minister of National Defense; |
| 3. | Vice Minister of the Interior and Safety; |
| 4. | Vice Minister of Culture, Sports and Tourism; |
| 5. | Vice Minister of Agriculture, Food and Rural Affairs; |
| 6. | Vice Minister of Trade, Industry and Energy; |
| 7. | Vice Minister of Environment; |
| 8. | Vice Minister of Land, Infrastructure and Transport; |
| 9. | Vice Ministers of the central administrative agencies designated by the Chairperson in connection with the agenda items to be deliberated. |
| (2) | Deputy Mayors or Deputy Governors of Cities or Dos under Article 22 (3) 2 of the Act shall be the following persons, each of whom shall be designated by the Mayor/Do Governor of the relevant City/Do: |
| 1. | Deputy Mayor of Seoul Metropolitan City; |
| 2. | Deputy Mayor of Incheon Metropolitan City; |
| 3. | Deputy Governor of Gyeonggi-do; |
[This Article Wholly Amended by Presidential Decree No. 23085, Aug. 19, 2011]
| Article 26-2 (Dismissal of Members of Seoul Metropolitan Area Readjustment Committee) |
Where a member prescribed in Article 22 (3) 3 of the Act falls under any of the following, the Minister of Land, Infrastructure and Transport may dismiss the relevant member: | 1. | Where a member becomes unable to perform his/her duties due to a physical disability or mental disorder; |
| 2. | Where a member commits misconduct in connection with his/her duties; |
| 3. | Where a member is deemed inappropriate to serve as a member due to negligence of duties, injury to dignity, or other causes; |
| 4. | Where a member himself/herself expresses that he/she has difficulties in conducting his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 27 (Convocation of Meetings and Quorum for Passing Resolutions) |
| (1) | The Seoul Metropolitan Area Readjustment Committee shall convene its regular sessions once each quarter: Provided, That if the Chairperson of the Seoul Metropolitan Area Readjustment Committee (hereinafter referred to as the "Chairperson") deems it necessary, he/she may convene an extraordinary session. |
| (2) | The Seoul Metropolitan Area Readjustment Committee shall open each session with a majority of all incumbent members, including the Chairperson, present and pass resolutions with the affirmative vote of a majority of those present. <Amended by Presidential Decree No. 23085, Aug. 19, 2011> |
| Article 28 (Duties of Chairperson) |
| (1) | The Chairperson shall exercise overall control of the affairs of the Seoul Metropolitan Area Readjustment Committee and take the chair at the meetings. |
| (2) | Where the Chairperson is unable to perform his/her duties due to any extenuating circumstance, a member designated in advance by the Chairperson shall perform the duties on his/her behalf. <Amended by Presidential Decree No. 23085, Aug. 19, 2011> |
| (3) | Deleted. <by Presidential Decree No. 23085, Aug. 19, 2011> |
| Article 29 (Chief Executive Secretary) |
| (1) | A chief executive secretary and an executive secretary shall be appointed in the Seoul Metropolitan Area Readjustment Committee to perform administrative affairs. |
| (2) | The chief executive secretary and the executive secretary shall be appointed by the Chairperson from among public officials belonging to the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 30 (Composition of Seoul Metropolitan Area Readjustment Working Committee) |
| (1) | The Seoul Metropolitan Area Readjustment Working Committee (hereinafter referred to as the "Working Committee") under Article 23 (1) of the Act shall be comprised of a Chairperson and no more than 25 members. |
| (2) | The First Vice Minister of Land, Infrastructure and Transport shall be the Chairperson of the Working Committee, and its members shall be comprised of public officials, each designated by the head of the administrative agencies from among the public officials in general service belonging to the Senior Civil Service of the Ministry of Education, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport and the central administrative agencies designated by the Chairperson of the Working Committee, Grade II or III public officials of Seoul Special Metropolitan City and Grade III or IV public officials of Incheon Metropolitan City and Gyeonggi-do, and persons entrusted by the Chairperson of the Working Committee from among persons with abundant knowledge and experience in the field of Seoul Metropolitan area readjustment policies. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23085, Aug. 19, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Members, other than public officials, shall serve for two years. |
| (4) | An executive secretary shall be appointed by the Chairperson of the Working Committee from among public officials belonging to the Ministry of Land, Infrastructure and Transport to perform administrative affairs of the Working Committee. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 30-2 (Dismissal of Members of Working Committee) |
Article 26-2 shall apply mutatis mutandis to the dismissal of members of the Working Committee. [This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 31 (Convocation of Meetings of Working Committee and Quorum for Passing Resolutions) |
| (1) | The Working Committee shall convene regular sessions once each quarter: Provided, That if the Chairman of the Working Committee deems it necessary, he/she may convoke extraordinary sessions. |
| (2) | The Working Committee shall open a session with the presence of a majority of its members including the Chairman and pass resolutions by the concurrent vote of a majority of the members present. |
| Article 32 (Matters to Be Deliberated upon by Working Committee) |
| (2) | Where the Seoul Metropolitan Area Readjustment Committee delegates the matters which it shall deliberate upon to the Working Committee under paragraph (1), the Minister of Land, Infrastructure and Transport shall announce the details thereof in the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Where the Working Committee deliberates and passes resolutions on the matters delegated by the Seoul Metropolitan Area Readjustment Committee under paragraph (1), such matters shall be deemed deliberated and resolved on by the Seoul Metropolitan Area Readjustment Committee. In such cases, the Chairperson of the Working Committee shall report the details of the matters so deliberated and resolved to the Seoul Metropolitan Area Readjustment Committee. |
[This Article Wholly Amended by Presidential Decree No. 23085, Aug. 19, 2011]
| Article 33 (Cooperation from Relevant Agencies) |
| (1) | Where the Seoul Metropolitan Area Readjustment Committee and the Working Committee consider it necessary for deliberation, they may request the agencies concerned to submit necessary materials, or may hear opinions of public officials of such agencies. |
| (2) | Where agencies or public officials of the agencies concerned receive a request for cooperation under paragraph (1), they shall comply with such request unless otherwise there is a justifiable reason for non-compliance. |
| Article 34 (Operational Rules) |
In addition to matters prescribed in Articles 27 through 33, matters necessary for the operation of the Seoul Metropolitan Area Readjustment Committee and the Working Committee shall be determined separately by the Chairman of the Seoul Metropolitan Area Readjustment Committee.
| Article 35 (Advice from Specialized Institutions) |
| (1) | Where the Minister of Land, Infrastructure and Transport deems it necessary for the establishment, revision and implementation of the Seoul Metropolitan Area Readjustment Plan, he/she may seek advice from or request surveys or research to specialized institutions. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may defray some expenses incurred in seeking advice or conducting surveys and research under paragraph (1) to specialized institution within budgetary limits, and where an administrative agency is in need of such advice or surveys and research, he/she may require the administrative agency to bear the expenses incurred after consultation with the head of such agency. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Restrictions on Acts of Graduate Schools and Regulation by Upper Limit)
Where a graduate school has obtained permission for establishment of educational foundation for the new establishment of graduate school, has applied for the permission for establishment thereof, or has applied for such permission, etc. to increase the entrance quota or transfer of graduate school as at the time the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act (Presidential Decree No. 17683) enters into force, the amended provisions of subparagraph 1 of Article 3, subparagraph 1 (a) of Article 11, Articles 12 (1) 1 (a), 14 (1) 4 (a) and (d), and 24 (1) 2 (b) shall not apply. Article 3 (Transitional Measures concerning Projects Being Executed under the Previous Urban Planning Act) The group of housing site creation projects and urban district creation projects being executed under the previous Urban Planning Act (referring to the one before it was amended by Act No. 6243; the same shall apply hereafter in this Article) and the land compartmentalization and readjustment projects being executed under the previous Land Compartmentalization and Readjustment Projects Act as at the time this Decree enters into force shall be deemed housing site creation projects under the amended provisions of subparagraph 1 of Article 4, and industrial site creation projects being executed under the previous Urban Planning Act shall be deemed industrial site creation projects under the amended provisions of subparagraph 2 of Article 4. Article 4 (Transitional Measures concerning Expansion of Existing Population-Concentrating Facilities)
Provisions concerning existing in-service training facilities among the amended provisions of Articles 12 (1) 3 (b) and 14 (1) 6 shall apply only to those installed before April 30, 1994. Article 5 (Transitional Measures concerning Restrictions on Acts within Nature Preservation Region)
Where they fall under any of the following as at the time the Enforcement Decree of the Seoul Metropolitan Area Readjustment Act (Presidential Decree No. 19450) enters into force, the previous provisions (referring to those before they were amended by Presidential Decree No. 19450) shall apply, notwithstanding the amended provisions of the latter part of the main body of Article 13 (1), subparagraph 1 of the same paragraph and paragraph (3) of the same Article, and Article 14 (1) 2 (a): | 1. | Where permission, etc. for development projects have been obtained, or an application for permission, etc. for a development project has been filed; |
Article 6 (General Transitional Measures concerning Dispositions)
The act of an administrative agency or any act in relation to an administrative agency under the previous provisions as at the time this Decree enters into force shall be deemed as an act of the administrative agency or an act in relation to the administrative agency under this Decree corresponding thereto.
Article 7 (Relationship with Other Statutes and Regulations)
Where the provisions of the previous Enforcement Decree of the Seoul Metropolitan Area Readjustment Act have been cited as at the time this Decree enters into force, the provisions of this Decree corresponding thereto shall be deemed to have been cited in place of the previous provisions if such provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 21515, May 29, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21656, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22704, Mar. 9, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23085, Aug. 19, 2011>
This Decree shall enter into force on August 20, 2011.
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. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25249, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... Article 4 (1), (2), (5), (9), and (11) of the Addenda shall enter into force on January 1, 2015.
Articles 2 through 4 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 amendments to the Presidential Decrees to be amended pursuant to Article 5 of the Addenda, which were 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. 25942, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28137, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2017.
Article 2 (Applicability to Overconcentration Charges)
The amended provisions of subparagraph 3 of Article 17 and subparagraph 1 (e) of attached Table 2 shall begin to apply from the first overconcentration charges imposed after 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 amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were 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 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. 29172, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 4 Omitted.