SPECIAL ACT ON THE CREATION OF YONGSAN PARK
Act No. 8512, Jul. 13, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 8970, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9104, jun. 5, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9600, Apr. 1, 2009
Act No. 9770, jun. 9, 2009
Act No. 9772, jun. 9, 2009
Act No. 9774, jun. 9, 2009
Act No. 10580, Apr. 12, 2011
Act No. 10599, Apr. 14, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12738, jun. 3, 2014
Act No. 13805, Jan. 19, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14798, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14862, Aug. 9, 2017
Act No. 16498, Aug. 20, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the development and management of a park, etc. and for the systematic improvement of its surrounding environments under the responsibility of the State by utilizing the site, etc. of the United States Army Garrison Yongsan to be returned to the Republic of Korea pursuant to the Agreement between the Republic of Korea and the United States of America on the Relocation of United States Forces from the Seoul Metropolitan Area and the Agreement between the Republic of Korea and the United States of America for the Land Partnership Plan.
| Article 2 (Basic Ideology) |
The basic idea of this Act is to allow citizens of the Republic of Korea to enjoy various benefits from Yongsan site to be returned to the Republic of Korea to the fullest by preserving it and developing Yongsan Park into a place for leisure and relaxation as well as a natural and ecological space, which demonstrates ethnic, historical and cultural traits of the Korean people.
The terms used in this Act shall be defined as follows: <Amended on Jun. 29, 2008; Mar. 23, 2013>
| (a) | Core site: A group of sites prescribed by Presidential Decree on which the headquarters of the United States Forces, support units, etc. are collectively located; |
| (b) | Sites scattered in the vicinity: Sites prescribed by Presidential Decree, which are separated from the core site and scattered in the vicinity thereof; |
| 2. | The term "Yongsan Park" means a park developed by the State in the Yongsan Park Development District as prescribed by this Act; |
| 3. | The term "Yongsan Park facilities" means facilities specified in the following, which are installed to enhance the functions and uses of Yongsan Park: |
| (a) | Facilities prescribed in the items of subparagraph 4 of Article 2 of the Act on Urban Parks, Greenbelts, Etc.; |
| (b) | Facilities included in the Yongsan Park development plan pursuant to Article 14 and determined by the Minister of Land, Infrastructure and Transport after deliberation by the Yongsan Park Development Promotion Committee pursuant to Article 7; |
| 4. | The term "Yongsan Park Improvement Zone" means the following districts and areas designated and publicly notified pursuant to Articles 11 and 12 for the methodical, systematic development and management of Yongsan Park, its surrounding areas, etc.: |
| (a) | Yongsan Park Development District: District designated in the core site (where necessary for the development of Yongsan Park, areas adjacent to the core site can be included therein); |
| (b) | Complex Facilities Development District: District designated in the sites scattered in the vicinity to be developed for multiple purposes, such as commerce, business, residence, culture, etc. to help the city better function and ensure an efficient utilization of land; |
| (c) | Park Environs: Areas adjacent to the districts prescribed in item (a) or (b), which require systematic management, among the areas that might be affected by the development of Yongsan Park, such as disorderly development, etc. |
| Article 4 (Responsibilities of the State and Other Entities) |
| (1) | The State shall establish and promote a comprehensive policy for the Yongsan Park Improvement Zone and take necessary administrative and financial measures. |
| (2) | In principle, the State shall develop the entire core site into Yongsan Park, and shall neither use the core site for purposes other than a park, nor sell or otherwise dispose of the site. |
| (3) | The Mayor of the Seoul Metropolitan Government shall actively cooperate in all kinds of procedures and measures implemented under this Act for the development and management of the Yongsan Park Improvement Zone. |
| Article 5 (Relationship with other Acts) |
This Act shall apply to the development and management of Yongsan Park, development of the Complex Facilities Development District and the improvement of Park Environs in preference to other Acts.
| Article 6 (Name of Yongsan Park) |
The State shall determine a separate name for Yongsan Park after gathering opinions from the people by means of a public naming contest, etc. and after deliberation by the Yongsan Park Development Promotion Committee pursuant to Article 7.
| Article 7 (Establishment, etc. of Yongsan Park Development Promotion Committee) |
| (1) | In order to deliberate on important matters concerning the Yongsan Park Improvement Zone, a Yongsan Park Development Promotion Committee (hereinafter referred to as the "Committee") shall be established under the Prime Minster, <Amended on Apr. 1, 2009; Mar. 23, 2013; Aug. 20, 2019> |
| (2) | The committee shall examine the following matters: |
| 1. | Matters concerning the basic policy and system related to the Yongsan Park Improvement Zone; |
| 2. | Matters concerning the designation, alteration, etc. of the Yongsan Park Improvement Zone; |
| 3. | Matters concerning the master plan for the Yongsan Park Improvement Zone; |
| 4. | Matters concerning the naming, development and management of Yongsan Park within the Yongsan Park Improvement Zone; |
| 5. | Matters concerning the development of the Complex Facilities Development District within the Yongsan Park Improvement Zone; |
| 6. | Matters concerning fundraising for the development and management of the Yongsan Park Improvement Zone; |
| 7. | Other matters deemed necessary by the chairpersons of the Committee. |
| (3) | The Committee shall be composed of up to 30 members, including two chairpersons. |
| (4) | The following persons shall be members of the Committee: <Newly Inserted on Feb. 29, 2008; Apr. 1, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 20, 2017; Aug. 20, 2019> |
| 1. | The Minister of Strategy and Finance, Minister of National Defense, Minister of the Interior and Safety, Minister of Culture, Sports and Tourism, Minister of Environment, Minister of Land, Infrastructure and Transport. Minister of the Office for Government Policy Coordination, and Mayor of the Seoul Metropolitan Government; |
| 2. | Persons commissioned by the Prime Minister from among those with profound expertise and experience in history, culture, urban planning, land utilization, architecture, environment, transportation, landscape architecture, etc. |
| (5) | The term of office for the members prescribed in paragraph (4) 2 (hereinafter referred to as "nongovernmental members") shall be two years, and they may be reappointed. |
| (6) | Matters necessary for the operation, etc. of the Committee shall be prescribed by Presidential Decree. |
| (1) | The Committee shall be co-chaired by the Prime Minister and a nongovernmental member designated by the President. <Amended on Apr. 1, 2009; Mar. 23, 2013; Aug. 20, 2019> |
| (2) | The chairpersons shall respectively represent the Committee and have overall control over its duties. |
| (3) | Where both chairpersons fail to perform their duties due to unavoidable reasons, a member designated in advance by a chairperson, who is the Prime Minister, shall perform the duties on their behalf. <Amended on Apr. 1, 2009; Mar. 23, 2013; Aug. 20, 2019> |
| Article 9 (Establishment of Yongsan Park Development Promotion Planning Unit) |
| (1) | A Yongsan Park development promotion planning body (hereinafter referred to as the "Planning Unit") may be organized and operated under the Minister of Land, Infrastructure and Transport in order to efficiently promote the Yongsan Park development project and to support the Committee in its performance of duties and operation. <Amended on Jun. 5, 2008; Mar. 23, 2013> |
| (2) | Matters necessary for the organization, operation, etc. of the Planning Unit shall be prescribed by Presidential Decree. |
CHAPTER II DESIGNATION OF YONGSAN PARK IMPROVEMENT ZONE, ESTABLISHMENT OF MASTER PLAN
| Article 10 (Implementation of Basic Inspections) |
| (1) | The Minister of Land, Infrastructure and Transport shall inspect the entire target area for the Yongsan Park Improvement Zone in terms of its culture, natural environment, state of use of land, etc. for the designation thereof: Provided, That in cases where any results of an inspection conducted under other Acts are available, such results may be utilized. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where it is necessary for an efficient inspection, the Minister of Land, Infrastructure and Transport may request related experts, institutions, organizations, etc. to conduct an inspection pursuant to paragraph (1), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 11 (Designation of Yongsan Park Improvement Zone) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate the Yongsan Park Improvement Zone for the methodical, systematic development and management of the Yongsan Park Development District, the Complex Facilities Development District, and Park Environs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall consider utility, environmental appropriateness, economic feasibility, etc. in drawing the boundary of the Yongsan Park Improvement Zone. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the Minister of Land, Infrastructure and Transport intends to designate the Yongsan Park Improvement Zone, he/she shall hold a public hearing in advance to hear the opinions from residents, related experts, etc., consult with the Mayor of the Seoul Metropolitan Government and the heads of relevant central administrative agencies, and submit them for deliberation by the Committee. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the Minister of Land, Transportation and Maritime Affairs intends to hold a public hearing concerning the designation of the Yongsan Park Improvement Zone pursuant to paragraph (3), he/she shall make a public notice for the following at least once on one or more daily newspapers with a nationwide circulation by not later than 14 days before the public hearing: |
| 1. | The purpose of holding a public hearing; |
| 2. | The scheduled date, time, and place of the public hearing; |
| 3. | Outline of a plan for the designation of the Yongsan Park Improvement Zone; |
| 4. | Other necessary matters. |
| (5) | The provisions of paragraphs (2) through (4) shall apply mutatis mutandis to any modification to the Yongsan Park Improvement Zone: Provided, That this shall not apply to any modification to insignificant matters prescribed by Presidential Decree. |
| Article 12 (Public Notice of Designation of Yongsan Park Improvement Zone) |
| (1) | When the Minister of Land, Infrastructure and Transport designates or modifies the Yongsan Park Improvement Zone, he/she shall publicly notify the following on the Official Gazette and forward copies of the relevant documents to the Mayor of the Seoul Metropolitan Government. In such cases, the Mayor of the Seoul Metropolitan Government in receipt of such copies shall allow the public to peruse them: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Purpose of designation or modification of the Yongsan Park Improvement Zone; |
| 2. | Location, space and topographical map of the Yongsan Park Improvement Zone; |
| 3. | Other matters necessary for the designation or modification of the Yongsan Park Improvement Zone. |
| (2) | When the Minister of Land, Infrastructure and Transport has publicly notified the designation or modification of the Yongsan Park Improvement Zone pursuant to paragraph (1), he/she shall, without delay, forward a drawing indicating land registration on a scale between 1:500 or 1:1,500, which shows the boundary of the zone of Park Environs. In such cases, the Mayor of the Seoul Metropolitan Government in receipt of such drawing shall allow the public to peruse it. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 13 (Establishment of Master Plan) |
| (1) | When the Yongsan Park Improvement Zone is designated and publicly notified pursuant to Articles 11 and 12, the Minister of Land, Infrastructure and Transport shall establish a master plan for the Yongsan Park Improvement Zone (hereinafter referred to as the "master plan"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The master plan shall include the following: |
| 1. | Comprehensive basic concept and promotional strategy; |
| 2. | Basic policy direction, such as utilization of land, transportation, scenery, environment, etc.; |
| 3. | Basic direction for the preservation or installation of historical, cultural, complex facilities, etc.; |
| 4. | Basic direction for fundraising; |
| 5. | Other matters specified by Presidential Decree. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to establish the master plan, he/she shall hold a public hearing to hear the opinions from residents, related experts, etc., consult with the Mayor of the Seoul Metropolitan Government and the heads of relevant central administrative agencies, and submit them for deliberation by the Committee. In such cases, Article 11 (4) shall apply mutatis mutandis to the holding of a public hearing. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the Minister of Land, Infrastructure and Transport has established the master plan, he/she shall publicly notify it as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Paragraphs (3) and (4) shall apply mutatis mutandis to any amendment to the master plan: Provided, That this shall not apply to any modification to insignificant matters prescribed by Presidential Decree. |
CHAPTER III CREATION AND MANAGEMENT OF YONGSAN PARK DEVELOPMENT DISTRICT
| Article 14 (Establishment of Yongsan Park Development Plan) |
| (1) | When the Yongsan Park Improvement Zone is designated and publicly notified pursuant to Articles 11 and 12, the Minister of Land, Infrastructure and Transport shall establish a development plan for the Yongsan Park Development District (hereinafter referred to as the "Yongsan Park development plan") based on the master plan established and publicly notified pursuant to Article 13. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | In establishing the Yongsan Park development plan, the Minister of Land, Infrastructure and Transport shall devise plans for installing Yongsan Park facilities underground within the Yongsan Park Development District, except for the Yongsan Park facilities to be installed above ground. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Yongsan Park development plan shall include the following: |
| 1. | Outline of the Yongsan Park Development District; |
| 2. | Objective and direction of developing the Yongsan Park Development District; |
| 3. | Inspection and analysis of the nature, culture, environment, etc. of the relevant site; |
| 4. | Plans for utilizing the existing buildings and structures within the Yongsan Park Development District; |
| 5. | Utilization of land, arrangement of park facilities, and the arrangement and installation of infrastructure, such as waterworks, sewerage, waste treatment facilities, parking lots, etc. following the development of the Yongsan Park Development District; |
| 6. | Development of underground space within the Yongsan Park Development District and plans for the utilization thereof; |
| 7. | Plans for the construction of ecological networks and greenways, development of scenery, etc.; |
| 8. | System for the control of entry and exit traffic within the Yongsan Park Development District and transportation networks linking Park Environs; |
| 9. | Investment plans for the development of the Yongsan Park Development District and fundraising plans; |
| 10. | Other matters specified by Presidential Decree. |
| (4) | When the Minister of Land, Infrastructure and Transport intends to establish the Yongsan Park development plan, he/she shall consult with the Mayor of the Seoul Metropolitan Government and the heads of relevant central administrative agencies, and submit the plan for deliberation by the Committee. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | When the Minister of Land, Infrastructure and Transport has established the Yongsan Park development plan, he/she shall notify it to the public as prescribed by Presidential Decree and forward copies of the relevant documents to the Mayor of the Seoul Metropolitan Government. In such cases, the Mayor of the Seoul Metropolitan Government shall, upon receipt of such copies, allow the public to peruse them. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | When the Minister of Land, Transportation and Maritime Affairs publicly notifies the Yongsan Park development plan pursuant to paragraph (5), matters to be determined according to a Si/Gun management plan under the National Land Planning and Utilization Act, among the matters publicly notified as such, shall be deemed to have been determined and publicly notified according to the Si/Gun management plan pursuant to Article 30 of the same Act: Provided, That this shall not apply to matters concerning the designation and modification of special-purpose areas within the Yongsan Park Development District pursuant to Article 36 of the same Act. <Amended on Apr. 14, 2011> |
| (7) | The provisions of paragraphs (4) through (6) shall apply mutatis mutandis to any amendment to the Yongsan Park development plan: Provided, That this shall not apply to any modification to insignificant matters prescribed by Presidential Decree. |
| Article 15 (Designation of Developer for Park Development Project) |
| (1) | In implementing the development project for Yongsan Park Development District, the Minister of Land, Infrastructure and Transport may designate a developer for the Yongsan Park development project (hereinafter referred to as "developer for the park development project") from among public corporations pursuant to Article 5 of the Act on the Management of Public Institutions (hereinafter referred to as "public corporation") as prescribed by Presidential Decree, to have the developer for the park development project implement such project. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport has designated a developer for the park development project pursuant to paragraph (1), he/she shall publicly notify the details thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 16 (Approval for Implementation Plan for Yongsan Park Development Project) |
| (1) | When the Yongsan Park development plan has been established and publicly notified pursuant to Article 14, the developer for the park development project shall prepare an implementation plan for the project as prescribed by Presidential Decree and obtain approval therefor from the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The implementation plan pursuant to paragraph (1) may be prepared stage by stage. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to approve the implementation plan pursuant to paragraph (1), he/she shall have a prior consultation with the heads of relevant administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the Minister of Land, Infrastructure and Transport has approved the implementation plan pursuant to paragraph (1), he/she shall publicly notify the details thereof as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The provisions of paragraphs (1), (3) and (4) shall apply mutatis mutandis to any amendment to the implementation plan: Provided, That this shall not apply to any modification to insignificant matters prescribed by Presidential Decree. |
| Article 17 (Deeming Relevant Authorization and Permits to Have Been Granted) |
| (1) | In approving an action plan under Article 16, the following authorization, permission, etc. required for the plan shall be deemed to have already been granted for the matters over which the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies pursuant to paragraph (2) in connection with the relevant authorization, permission, etc., and where approval of the plan is publicly notified under Article 16 (4), public notification or public announcement of authorization, permission, etc. pursuant to the relevant Act shall be deemed to have already been made: <Amended on Feb. 29, 2008; Mar. 21, 2008; Jan. 30, 2009; Jun. 9, 2009; Apr. 14, 2011; Mar. 23. 2013; Jan. 14, 2014; Jun. 3, 2014; Jan. 17, 2017; Aug. 9, 2017> |
| 17. | Examination for map production, etc. under Article 15 (3) of the Act on the Establishment and Management of Spatial Data; |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to approve an action plan pursuant to Article 16 (1), he/she shall have a prior consultation with the heads of relevant administrative agencies on such plan with related documents as prescribed in the applicable Acts attached, if any matters in the plan falls under any of the subparagraphs of paragraph (1). In such cases, the heads of relevant administrative agencies, on receipt of the request, shall submit his/her opinion within 15 days from the receipt of such request. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where authorization, permits, etc. pursuant to other Acts are deemed to have been granted pursuant to paragraph (1), service charges, usage fees, etc. therefor shall be exempted as prescribed by relevant Acts or ordinances of local governments. |
| Article 18 (Gratuitous Transfer of Management of Land Set for Project) |
| (1) | Notwithstanding Article 17 of the State Property Act, the authority for the management of the property within the Yongsan Park Development District, such as Yongsan site, shall be gratuitously transferred to the Minister of Land, Infrastructure and Transport from the management agency of such property. <Amended on Feb. 29, 2008; Jan. 30, 2009; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall notify the management agency under paragraph (1) of the tax items of the land, etc. included in the property, the management of which is to be gratuitously transferred. <Amended on Feb. 29, 2008; Jan. 30, 2009; Mar. 23, 2013> |
| (3) | In registering the land, public facilities, etc. to be devolved under paragraphs (1) and (2), the protocol, etc. of the land designated as Yongsan Park Improvement Zone pursuant to Article 12 or the protocol, etc. of the land according to the land utilization plan pursuant to Article 14 (3) shall substitute for the documents verifying reasons for registration pursuant to the Registration of Real Estate Act. <Amended on Apr. 12, 2011> |
[Title of This Article Amended on Jan. 30, 2009]
| Article 19 (Completion Inspection) |
| (1) | When the developer for the park development project has completed all or part of the development project for the Yongsan Park Development District, he/she shall undergo an inspection on the completion of construction conducted by the Minister of Land, Infrastructure and Transport without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | In conducting an inspection under paragraph (1), for the matters over which the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies in connection with construction completion inspection, construction completion authorization, etc. concerning authorization, permission, etc. that are deemed to have been granted under Article 17, such construction inspection on completion, construction authorization on completion, etc. shall be deemed to have been granted. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where the developer for the park development project intends to be deemed to have undergone a construction completion inspection, have obtained construction completion authorization, etc. pursuant to paragraph (2), he/she shall submit related documents as prescribed in the applicable Acts when applying for a construction completion inspection pursuant to paragraph (1). |
| (4) | In conducting an inspection under paragraph (1), the Minister of Land, Infrastructure and Transport shall consult, in advance, with the heads of relevant administrative agencies, if the matters subject to construction completion inspection, construction completion authorization, etc. concerning the authorization, permission, etc. that are deemed to have been granted under Article 17 are included in such inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | When the Minister of Land, Infrastructure and Transport has conducted a construction completion inspection pursuant to paragraph (1), he/she shall notify the details thereof to the Committee and the heads of relevant administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Where the Minister of Land, Infrastructure and Transport recognizes that the development project for the Yongsan Park Development District has been completed in compliance with the implementation plan upon inspection, he/she shall issue the developer for the park development project a certificate of construction completion and publicly announce such completion as prescribed by Presidential Decree; if it is not completed in compliance with the implementation plan, the Minister of Land, Infrastructure and Transport shall, without delay, order the developer to take necessary measures, such as complementary construction, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 20 (Yongsan Park Management Agency) |
| (1) | The Minister of Land, Infrastructure and Transport shall serve as the Yongsan Park management agency. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where it is necessary for the proper management of the facilities installed within the Yongsan Park Development District, the Minister of Land, Infrastructure and Transport may entrust the management thereof to the head of a relevant administrative agency, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may entrust part of the duties concerning the maintenance, management, operation, etc. of Yongsan Park and Yongsan Park facilities to the Yongsan Park management center to be established under Article 31, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where the Yongsan Park management center to be established under Article 31 maintains, manages, operates Yongsan Park pursuant to paragraph (3), it shall be deemed to be the management agency for Yongsan Park within the scope of the entrusted duties in the application or mutatis mutandis application of this Act, the Act on Urban Parks, Greenbelts, Etc. or other Acts. |
| Article 21 (Safety Measures for Yongsan Park) |
| (1) | In order to improve the maintenance, management, operation and ensure safety of Yongsan Park and Yongsan Park facilities, the Minister of Land, Infrastructure and Transport shall take necessary measures, such as conducting inspections at regular intervals. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The standards, etc. for the maintenance, management, operation and safety of Yongsan Park and Yongsan Park facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 22 (Acts Prohibited in Yongsan Park) |
| (1) | No one shall engage in any of the following acts in Yongsan Park: |
| 1. | Damaging Yongsan Park facilities; |
| 2. | Damaging trees or injecting foreign substances into trees and thus making them wither up; |
| 3. | Being repugnant by creating unpleasant noise, malodor, etc.; |
| 4. | Business activities by peddlers or roadside stands; |
| 5. | Acts prescribed by Presidential Decree concerning control, etc. of accompanied pet animals, etc.; |
| 6. | Other acts prescribed by Presidential Decree as significantly detrimental to the management of Yongsan Park. |
| (2) | The Minister of Land, Infrastructure and Transport shall install information signs notifying of prohibited acts referred to in paragraph (1) at the entrance of Yongsan Park, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 23 (Permission for Occupation and Use) |
| (1) | Any one who intends to engage in any of the following acts shall obtain permission for occupation and use from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Installing facilities, buildings or structures other than Yongsan Park facilities; |
| 2. | Changing the form or quality of land; |
| 3. | Felling or planting bamboo trees; |
| 4. | Gathering soil and stone; |
| 5. | Leaving articles unattended. |
| (2) | When an application for permission is filed under paragraph (1), the Minister of Land, Infrastructure and Transport may grant permission only after all the following requirements are met: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | That the relevant occupation and use are not contradictory to the Yongsan Park development plan; |
| 2. | That the relevant occupation and use are inevitable; |
| 3. | That the relevant occupation and use are recognized not to cause any inconvenience to the public in using Yongsan Park. |
| (3) | The objects which can be occupied and used under permission for occupation and use pursuant to paragraph (1) and standards therefor shall be prescribed by Presidential Decree. |
| (4) | The provisions of paragraph (1) shall apply mutatis mutandis to any modification to the matters for which permission for occupation and use has been granted. |
| Article 24 (Provisions to be Applied Mutatis Mutandis) |
Articles 23, 25, and 52 of the Act on Urban Parks, Greenbelts, Etc. shall apply mutatis mutandis to the management of concurrently-used structures, recovery to the original state, or limitation on the disposal of public or national property, respectively. In such cases, "urban parks" shall be construed as "Yongsan Park," and "Special City Mayor, Metropolitan City Mayor, head of a Si/Gun" as the "Minister of Land, Infrastructure and Transport." <Amended on Feb. 29, 2008; Mar. 23, 2013>
CHAPTER IV DEVELOPMENT OF COMPLEX FACILITIES DEVELOPMENT DISTRICT AND MANAGEMENT OF AREAS SURROUNDING PARK
| Article 25 (Approval for Complex Facilities Development Plan) |
| (1) | When the Yongsan Park Improvement Zone is designated and publicly notified under Articles 11 and 12, the project developer for the Complex Facilities Development District referred to in Article 26 shall prepare a development plan for the Complex Facilities Development District (hereinafter referred to as "complex facilities development plan") based on the master plan established and publicly notified under Article 13 and obtain approval from the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The complex facilities development plan shall include the following: |
| 1. | The project outline, such as its title, location, size, etc.; |
| 2. | The purpose of designating the district and the duration of the project; |
| 3. | Matters concerning the project developer; |
| 4. | Matters concerning methods of completing the project; |
| 5. | Matters concerning the population, transportation, environment and revitalization of the area; |
| 6. | Matters concerning plans for the utilization of land; |
| 7. | Matters concerning building plans; |
| 8. | Matters concerning fundraising and the management of proceeds; |
| 9. | Other matters specified by Presidential Decree. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to approve the complex facilities development plan, he/she shall consult with the Mayor of the Seoul Metropolitan Government and the heads of relevant central administrative agencies and submit the plan to the Committee for deliberation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the Minister of Land, Infrastructure and Transport has approved the complex facilities development plan, he/she shall publicly notify it as prescribed by Presidential Decree and send the copies of the relevant documents to the Mayor of the Seoul Metropolitan Government. Upon receipt of the copies, the Mayor of the Seoul Metropolitan Government shall allow the public to peruse them. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The public notification of approval for the complex facilities development plan pursuant to paragraph (4) shall be deemed to be the establishment of a development plan pursuant to Article 4 of the Urban Development Act, and as for the matters that should be determined by a Si/Gun management plan under the National Land Planning and Utilization Act, among those publicly notified as above, it shall be deemed that a Si/Gun management plan has been determined and notified under Article 30 of the same Act. <Amended on Apr. 14, 2011> |
| (6) | The provisions of paragraphs (3) through (5) shall apply mutatis mutandis to any amendment to the complex facilities development plan: Provided, That this shall not apply to any modification of insignificant matters prescribed by Presidential Decree. |
| Article 26 (Designation of Developer for Complex Facilities Project) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a developer for the Complex Facilities Development District development project (hereinafter referred to as "complex facilities project developer") from among the following persons and have him/her implement such project: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | A public corporation prescribed by Presidential Decree; |
| 2. | A corporation established through joint investment by an entity falling under subparagraph 1 and a private enterpriser for the development project for the Complex Facilities Development District, which meets the requirements prescribed by Presidential Decree. |
| (2) | When the Minister of Land, Infrastructure and Transport designates a complex facilities project developer pursuant to paragraph (1), he/she shall give public notice of the details thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 27 (Approval for Implementation Plan for Complex Facilities Development Project) |
| (1) | When the complex facilities development plan is publicly notified pursuant to Article 25 (4), the complex facilities project developer shall prepare an implementation plan for the project and obtain approval from the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to approve the implementation plan as prescribed in paragraph (1), he/she shall have a prior consultation with the heads of relevant administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the Minister of Land, Infrastructure and Transport has approved the implementation plan pursuant to paragraph (1), he/she shall give public notice of the details thereof, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to any amendment to the implementation plan: Provided, That this shall not apply to any modification of insignificant matters prescribed by Presidential Decree. |
| Article 28 (Deeming Relevant Authorization and Permits to Have Been Granted) |
| (1) | In approving the implementation plan under Article 27, the matters regarding which the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies on the following authorization, permission, etc. concerning such implementation plan shall be deemed to have been granted the relevant authorizations, permission, etc., and where approval for the implementation plan is publicly notified under Article 27 (3), public notification or public announcement of authorization, permission, etc. pursuant to the relevant Act shall be deemed to have been made: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 19, 2016> |
| 1. | Authorization, permission, etc. prescribed in the subparagraphs of Article 17 (1); |
| (2) | Where matters that require authorization, permission, etc. prescribed in the subparagraphs of paragraph (1) are included in the implementation plan under Article 27 (1), the provisions of Article 17 (2) and (3) shall apply mutatis mutandis to consultation with the heads of relevant administrative agencies and exemption from service charges, usage fees, etc. associated with authorization, permission, etc. |
| Article 29 (Establishment of Si/Gun Management Plan for Park Environs) |
| (2) | The Si/Gun management plan for Park Environs pursuant to paragraph (1) shall be in line with the master plan, the Yongsan Park development plan, and the complex facilities development plan. <Amended on Apr. 14, 2011> |
| (3) | When the Mayor of the Seoul Metropolitan Government intends to establish and determine a Si/Gun management plan for Park Environs pursuant to paragraph (1), notwithstanding Articles 24 and 25 of the National Land Planning and Utilization Act, he/she shall have a prior consultation with the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Apr. 14, 2011; Mar. 23, 2013> |
[Title of This Article Amended on Apr. 14, 2011]
| Article 30 (Provisions to be Applied Mutatis Mutandis) |
| (1) | Article 19 shall apply mutatis mutandis to the development project for the Complex Facilities Development District. In such cases, "developer for the park development project" shall be construed as "developer for the complex facilities project," and "Yongsan Park Development District" as "Complex Facilities Development District." |
CHAPTER V YONGSAN PARK MANAGEMENT CENTER
| Article 31 (Establishment) |
| (1) | There shall be hereby established a Yongsan Park management center (hereinafter referred to as the "Management Center") in order to efficiently manage and operate Yongsan Park on commission from the Minister of Land, Infrastructure and Transport under Article 20 (3). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Management Center shall be a corporation. |
The Association shall conduct the following activities: <Amended on Feb. 29, 2008; Mar. 23, 2013>
| 1. | Management and operation of Yongsan Park; |
| 2. | Maintenance, repair and installation of Yongsan Park facilities; |
| 3. | Safety management of Yongsan Park; |
| 4. | Public relations and education concerning Yongsan Park, and various commemorative events; |
| 5. | Other projects approved by the Minister of Land, Infrastructure and Transport as necessary for serving the purpose of developing Yongsan Park; |
| 6. | Services incidental to services referred to in subparagraphs 1 through 5. |
| Article 32 (Office and Registration) |
| (1) | The location of the principal office of the Management Center shall be determined by the articles of incorporation. |
| (2) | The Management Center shall be established by registering its establishment at the location of its principal office. |
| (3) | Matters necessary for the registration of the establishment of the Management Center and other types of registrations shall be prescribed by Presidential Decree. |
| (4) | With respect to the matters subject to registration, the Management Center shall not be able to oppose a third party without making registration thereof. |
| Article 33 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Management Center shall indicate the following: |
| 1. | Objectives, title, and location of the main office; |
| 2. | Matters concerning affairs and the execution thereof; |
| 3. | Matters concerning property and accounting; |
| 4. | Matters concerning officers and staff; |
| 5. | Matters regarding the board of directors; |
| 6. | Matters concerning organization and operation of the executive nominating committee; |
| 7. | Matters relating to revisions to the articles of association; |
| 8. | Matters related to public notice; |
| (2) | If the Management Center intends to amend the articles of incorporation, it shall obtain authorization from the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 34 (Board of Directors) |
| (1) | A board of directors shall be established under the Management Center in order to deliberate on and determine the important matters of the Management Center. |
| (2) | The board of directors shall consist of directors, including the president. |
| (3) | The chairperson shall call meetings of the board of directors and chair the board of directors. |
| (4) | The auditor shall attend a meeting of the board of directors and may state his/her opinion. |
| Article 35 (Executive Officers) |
| (1) | The Management Center shall have up to seven directors, including one chairperson, and one auditor as its executive officers. |
| (3) | The auditor shall be appointed and dismissed by the Minister of Economy and Finance. <Amended on Feb. 29, 2008> |
| (4) | The chairperson shall represent the Management Center. |
| (5) | The auditor shall inspect the accounts and duties of the Management Center. |
| (6) | Other matters necessary for the appointment, dismissal, term of office and duties of the chairperson and directors, and the term of office of the auditor, etc. shall be prescribed by Presidential Decree. |
| (7) | The chairperson shall not represent the Management Center for the matters where the interests of the Management Center and those of the chairperson conflict with each other, and the auditor shall instead represent the Management Center. |
| (8) | Matters necessary for the management and operation of the Management Center, such as the appointment and dismissal of employees, shall be prescribed by Presidential Decree. |
| Article 36 (Grounds for Disqualification of Executive Officers) |
No person falling under any of the following shall be an executive officer of the Corporation: <Amended on Apr. 18, 2017>
| 1. | One who is a minor, a person under adult guardianship or a person under limited guardianship; |
| 2. | A person who was declared bankrupt but is not yet reinstated; |
| 3. | A person for whom two years have not passed since he/she was sentenced to imprisonment without labor or a heavier punishment and the execution thereof was terminated (including the cases in which the execution is deemed to have been terminated), or the execution was exempted; |
| 4. | A person who has been sentenced to imprisonment without labor with a stay of execution and is on probation; |
| 5. | A person whose qualifications are suspended or forfeited pursuant to Acts or a court judgment. |
| Article 37 (Revenue and Expenditure of Management Center) |
| (1) | The following shall constitute the revenue of the Management Center: |
| 1. | Contributions and subsidies from the Government or persons other than the Government; |
| 3. | Revenue of its own, such as usage fees, charges for occupation and use, etc. under the proviso to Article 45; |
| (2) | Expenses incurred in the performance of its duties pursuant to Article 31 (3) shall be the expenditure of the Management Center. |
| Article 38 (Loans of State or Public Property) |
| (1) | Where the State or a local government deems it necessary for the efficient performance of the duties of the Management Center, notwithstanding the State Property Act and the Public Property and Commodity Management Act, it may lend the property in their possession without compensation, or allow the Management Center to use it or make a profit therefrom. |
| (2) | The Management Center may, if necessary, sublease the property in the possession of the State or a local government which it has borrowed or obtained permission to use or to make a profit from in under paragraph (1) insofar as it does not cause trouble to the management of Yongsan Park. |
| (3) | When the Management Center intends to sublease the property pursuant to paragraph (2), it shall obtain approval from the Minister of Land, Infrastructure and Transport. The same shall apply to any modification of the approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 39 (Budget, Settlement of Accounts) |
| (1) | The business year of the Management Center shall conform to the fiscal year of the Government. |
| (2) | The Management Center shall prepare a project plan and budget documents for the next year by not later than one month before the end of each business year and obtain approval from the Minister of Land, Infrastructure and Transport. The same shall apply to any modification thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Management Center shall attach a document showing the performance for the relevant year to the annual statement of accounts of revenue and expenditure and submit them to the Minister of Land, Infrastructure and Transport by not later than the end of February of the next year. <Amended by Feb. 29, 2008; Mar. 23, 2013> |
| Article 40 (Guidance and Supervision) |
| (1) | The Minister of Land, Infrastructure and Transport shall provide guidance and supervision to the Management Center, and may, if necessary, have the Management Center report on its duties, accounts and property or have public officials under his/her jurisdiction inspect documents, facilities and other articles. <Amended by Feb. 29, 2008; Mar. 23, 2013> |
| (2) | If any unlawful or unfair practices are found upon report or inspection pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may order the Management Center to correct them. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The public officials who perform inspections under paragraph (1) shall carry certificates verifying their authority and produce them to persons concerned. |
| Article 41 (Relation to Civil Act) |
Unless otherwise prescribed by this Act, the provisions governing incorporated foundations in the Civil Act shall apply mutatis mutandis to the organization, operation, etc. of the Management Center.
CHAPTER VI LIABILITY FOR EXPENSES
| Article 42 (Liability for Expenses) |
| (1) | In principle, the State shall bear the expenses incurred in the installation, maintenance and management of Yongsan Park and Yongsan Park facilities: Provided, That the State may, if necessary, consult with the Mayor of the Seoul Metropolitan Government and have the Seoul Metropolitan Government bear part of the expenses, as prescribed by Presidential Decree. |
| (2) | Where the use of Yongsan Park or Yongsan Park facilities and other facilities, etc. is shared, the Minister of Land, Infrastructure and Transport shall consult with the manager of such other facilities and decide on the apportionment of expenses incurred in the management of Yongsan Park or Yongsan Park facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 43 (Collection of Usage Fees) |
| (1) | The Minister of Land, Infrastructure and Transport may collect usage fees from users of Yongsan Park. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Such details as the amount of usage fees pursuant to paragraph (1), methods of collection thereof, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 44 (Collection of Occupation and Use Charges) |
| (1) | The Minister of Land, Infrastructure and Transport may collect charges for occupation and use from occupiers and users of Yongsan Park. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Such details as the amount of charges for occupation and use pursuant to paragraph (1), methods of collection thereof, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 45 (Revenue Recognition of Occupancy and Use Fees) |
The usage fees and charges for occupation and use concerning Yongsan Park and other profits therefrom shall be the revenue of the State: Provided, That if the Management Center manages Yongsan Park on commission pursuant to Article 20 (3), the usage fees and charges for occupation and use of Yongsan Park and other profits therefrom shall be the revenue of the Management Center.
| Article 46 (Forced Collection of Occupancy and Use Fees) |
The Minister of Land, Infrastructure and Transport shall collect charges for occupation and use from those who have failed to pay them pursuant to this Act in the same manner as delinquent national taxes are collected. <Amended on Feb. 29, 2008; Mar. 23, 2013>
CHAPTER VII SUPPLEMENTARY RULES
| Article 47 (Measures for Stabilization of Real Estate Prices) |
| (1) | For the areas in which speculative transactions of real estate, a sharp rise in real estate prices or a disorderly development is likely to happen, the Minister of Land, Infrastructure and Transport shall take necessary measures, such as the stabilization of real estate prices, restrictions on development activities, restrictions on permission for construction, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where it is necessary in taking measures for the stabilization of real estate prices, etc. pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may request the Mayor of the Seoul Metropolitan Government and the heads of relevant central administrative agencies to take measures required under the relevant Acts. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 48 (Entry to Land of Other Persons) |
| (1) | Where it is necessary for inspections, land survey, or implementation regarding basic investigation for the designation of the Yongsan Park Improvement Zone, the development project for Yongsan Park Development District and the development project for Complex Facilities Development District, the Minister of Land, Infrastructure and Transport, the developer for the park development project, and the developer for the complex facilities project may enter and exit any third person's land, temporarily use any third person's as a yard to stack materials or as a temporary passageway, or change or eliminate trees, earth, stones and other obstacles. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The provisions of Article 130 (2) through (9) of the National Land Planning and Utilization Act shall apply mutatis mutandis to paragraph (1). In such cases, "implementer of an urban planning facility project who is an administrative agency" shall be construed as the "developer for the park development project and the developer for the complex facilities project." <Amended on Apr. 14, 2011> |
| Article 49 (Compensation for Losses) |
| (1) | If any person has suffered a loss from an act pursuant to Article 48 (1), the project developer or the Minister of Land, Infrastructure and Transport shall compensate for such loss. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 50 (Expropriation and Use of Land) |
| (1) | In order to implement the project, the developer for the park development project may expropriate or use the following items or rights existing in the adjacent areas except the core site in the Yongsan Park Development District: |
| 1. | Land, buildings, or any fixtures on such land; |
| 2. | Rights, other than ownerships of land, buildings, or any fixtures on such land. |
| (2) | Where it is deemed especially necessary for the implementation of the project, the developer for the park development project may temporarily use the land and buildings adjacent to the Yongsan Park Development District or articles fixed on such land, or rights to such land, buildings, or articles, other than the ownership thereof. |
| Article 51 (Application Mutatis Mutandis of the Act on Acquisition of and Compensation for Land for Public Works Projects) |
| (2) | In mutatis mutandis application of the Act on Acquisition of and Compensation for Land, etc. for Public Work Projects under paragraph (1), when the Yongsan Park development plan pursuant to Article 14 is publicly notified, the project approval or public notification of the project approval pursuant to Articles 20 (1) and 22 of the same Act shall be deemed to have been obtained or made, and an application for ruling may be filed within the duration of the project determined under Article 16, notwithstanding Articles 23 (1) and 28 (1) of the same Act. |
| (3) | The Central Land Expropriation Committee shall be the competent land expropriation committee in making rulings on the expropriation or use of land, etc. pursuant to Article 50. |
| Article 52 (Reversion of Public Facilities) |
| (1) | Where public facilities are newly installed or new public facilities are installed to replace the existing public facilities according to the development project for Yongsan Park Development District or the development project for Complex Facilities Development District, the new public facilities shall devolve on the Minister of Land, Infrastructure and Transport or on the management agency in control of such facilities, notwithstanding the State Property Act and the Public Property and Commodity Management Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the development project for Yongsan Park Development District or the development project for Complex Facilities Development District is completed and an inspection on completion of construction is finished, the developer for the park development project or the developer for the complex facilities project shall notify the Minister of Land, Infrastructure and Transport or the management agency in control of such facilities of the kinds of public facilities and tax category of land to be devolved without compensation pursuant to paragraph (1). In such cases, the public facilities shall be deemed to have been devolved on the management agency in control of such facilities on the date of notification. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | In registering public facilities pursuant to paragraphs (1) and (2), documents verifying grounds for registration pursuant to the Registration of Real Estate Act shall be substituted by documents verifying the inspection on construction completion pursuant to Article 19 (6) (including the cases where Article 30 (1) is applied mutatis mutandis). <Amended on Apr. 14, 2011> |
| Article 53 (Relocation Plans) |
The Minister of Land, Infrastructure and Transport shall establish and implement relocation plans, etc. for the persons who lose their base of livelihood after providing land, etc. necessary for the implementation of the development project for Yongsan Park Development District pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 54 (Measures against Violators Statutes or Regulations) |
The Minister of Land, Infrastructure and Transport may revoke the designation as the project developer, approval for the implementation plan, etc., suspend the project, issue other necessary dispositions or orders to take measures for any of the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013>
| 1. | A person who has obtained designation or approval pursuant to Articles 15, 16, 25, 26 and 27 by fraud or other wrongful means; |
| 2. | A person who has failed to meet the conditions attached to the designation or approval granted pursuant to Articles 15, 16, 25, 26 and 27; |
| 3. | A person who has failed to implement the project according to the implementation plan pursuant to Articles 16 and 27; |
| 4. | A person who has refused, obstructed or evaded report or inspection, has made a false report or failed to comply with a corrective order under Article 40. |
When the Minister of Land, Infrastructure and Transport intends to issue any of the following dispositions under Article 54, he/she shall hold a hearing: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Designation of the developer for the park development project pursuant to Article 15 (1) and revocation of the designation of the developer for the complex facilities project pursuant to Article 26 (1); |
| 2. | Revocation of the approval for the implementation plan pursuant to Articles 16 (1) and 27 (1); |
| 3. | Revocation of approval for the complex facilities development plan pursuant to Article 25 (1). |
| Article 56 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
Those who are not public officials from among the members of the committee, persons performing the duties of the committee after having been dispatched to the Planning Body, and the executive officers and employees of the Management Center shall be regarded as public officials in applying penalty provisions under Articles 129 through 132 of the Criminal Act in connection with the duties of the committee.
| Article 57 (Prohibition of Divulging Confidential Information) |
None of the following persons shall divulge or illegally use any confidential information that comes to their knowledge in the course of duties:
| 1. | Current or former members of the Committee; |
| 2. | Those who perform or performed the duties of the committee after having been dispatched to the Planning Body; |
| 3. | Executive officers and employees of an institution designated as the developer for the park development project or the developer for the complex facilities project under Articles 15 and 26, or those who were in such positions; |
| 4. | Current or former executive officers and employees of the Management Center. |
CHAPTER VIII PENALTY PROVISIONS
| Article 58 (Offense of Divulging Confidential Information) |
Any person who has divulged or illegally used any confidential information that came to his/her knowledge in the course of duties in violation of Article 57 shall be punished by imprisonment for up to two years or a fine of up to 20 million won.
| Article 59 (Penalty Provisions) |
Any person who has violated any disposition under Article 54, such as suspension of the project, etc. or an order to take measures, shall be punished by imprisonment for up to one year or a fine of up to 10 million won.
| Article 60 (Penalty Provisions) |
Any person who has installed a facility, building or structure in Yongsan Park without obtaining permission for occupation and use in violation of Article 23 (1) or not in compliance with permit terms shall be punished by imprisonment for up to one year or a fine of up to ten million won. <Amended on Jan. 6, 2015>
| Article 60-2 (Penalty Provisions) |
Any person who has damaged the facilities in Yongsan Park in violation of Article 22 (1) 1 shall be punished by imprisonment for up to six months or a fine of up to five million won. [This Article Newly Inserted on Jan. 6, 2015]
| Article 61 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by a fine of up to three million won:
| 1. | Deleted; <Jan. 6, 2015> |
| 2. | A person who has conducted any prohibited act without obtaining permission for occupation and use in violation of Article 23 (1) or not in compliance with permit terms (excluding cases falling under Article 60). |
| Article 62 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other person employed by, the corporation or individual commits any violations set forth in Article 59, 60, 60-2 or 61 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed under the relevant provisions: Provided, That the same shall not apply where the corporation or individual has not been negligent in exercising due care and supervision concerning the relevant business affairs to prevent such violations. <Amended on Jan. 6, 2015> [This Article Wholly Amended on Apr. 1, 2009]
| Article 63 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: |
| 1. | A person who has obstructed or refused an act specified in Article 48 (1) without justifiable grounds; |
| 2. | A person who has conducted an act prescribed in Article 48 (1) without obtaining permission or approval under Article 48 (2). |
| (2) | Any person who has committed a prohibited act falling under the provisions of Article 22 (1) 2 through 6 shall be punished by an administrative fine of up to 100 thousand won. |
| (3) | Administrative fines pursuant to paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Deleted. <Apr. 1, 2009> |
| (5) | Deleted. <Apr. 1, 2009> |
| (6) | Deleted. <Apr. 1, 2009> |
ADDENDA <Act No. 8512, Jul. 13, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008: Provided, That the provisions of Articles 31 through 41 shall enter into force on January 1, 2012, and Article 2 of the Addenda shall enter into force on January 1, 2011. Article 2 (Preparation for Establishment of Management Center)
| (1) | In order to handle business affairs concerning the establishment of the Management Center, there shall hereby be established a Yongsan Park management center establishment committee (hereinafter referred to as the "Establishment Committee"), and acts performed by the Establishment Committee shall be deemed acts performed by the Management Center. |
| (2) | The Establishment Committee shall consist of up to seven promoters appointed or commissioned by the Minister of Construction and Transportation, and shall be chaired by the Vice Minister of Construction and Transportation. |
| (3) | The Establishment Committee shall prepare the articles of incorporation of the Management Center and obtain authorization from the Minister of Construction and Transportation. |
| (4) | When the Establishment Committee has obtained authorization pursuant to paragraph (3), members shall register the establishment of the Management Center by jointly putting their signatures, and the registration of establishment shall be completed by not later than January 1, 2012. |
| (5) | After the registration of establishment, the Establishment Committee shall transfer its duties to the chairperson without delay. |
| (6) | The Establishment Committee and promoters shall be deemed to be dissolved, dismissed or decommissioned, when the transfer of their duties completed under paragraph (5). |
| (7) | Expenses incurred in the establishment of the Management Center shall be borne by the Management Center. |
ADDENDA <Act No. 8852, Dec. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... , among Acts amended under Article 6 of the Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to elapse shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 8970, Mar. 3, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8974, Mar. 3, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9104, Jun. 5, 2008>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9600, Apr. 1, 2009>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Acts amended under Article 6 of the Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 12983, Jan. 6, 2015>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 13805, Jan. 1, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on Aug. 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14532, Jan. 1, 2010>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation: Provided, That among Acts amended under Article 6 of the Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14798, Apr. 18, 2017>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 14839,Jul. 26, 2017>
Article 1 (Provisions concerning Delegation)
This Act shall enter into on the date of its promulgation: Provided, That among Acts amended under Article 6 of the Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the respective Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 14862, Aug. 9, 2017>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 16498, Aug. 20, 2019>
This Act shall enter into force one month after the date of its promulgation.