ENFORCEMENT DECREE OF THE ACT ON SPECIAL MEASURES FOR DESIGNATION AND MANAGEMENT OF DEVELOPMENT RESTRICTION ZONES
Wholly Amended by Presidential Decree No. 21139, Nov. 28, 2008
Amended by Presidential Decree No. 21515, May 29, 2009
Presidential Decree No. 21528, jun. 9, 2009
Presidential Decree No. 21670, Aug. 5, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21847, Nov. 26, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 22224, jun. 28, 2010
Presidential Decree No. 22450, Oct. 14, 2010
Presidential Decree No. 22649, Jan. 28, 2011
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 23147, Sep. 16, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 23755, Apr. 27, 2012
Presidential Decree No. 23787, May 14, 2012
Presidential Decree No. 23876, jun. 25, 2012
Presidential Decree No. 24178, Nov. 12, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24502, Apr. 22, 2013
Presidential Decree No. 24509, Apr. 22, 2013
Presidential Decree No. 24818, Oct. 30, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25129, Jan. 28, 2014
Presidential Decree No. 25249, Mar. 11, 2014
Presidential Decree No. 25325, Apr. 28, 2014
Presidential Decree No. 25650, Oct. 8, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25774, Nov. 24, 2014
Presidential Decree No. 25836, Dec. 9, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26173, Mar. 30, 2015
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26512, Sep. 8, 2015
Presidential Decree No. 26971, Feb. 11, 2016
Presidential Decree No. 27056, Mar. 25, 2016
Presidential Decree No. 27065, Mar. 29, 2016
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27470, Aug. 29, 2016
Presidential Decree No. 27471, Aug. 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27512, Sep. 22, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27972, Mar. 29, 2017
Presidential Decree No. 28180, Jul. 11, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28521, Dec. 29, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 28627, Feb. 9, 2018
Presidential Decree No. 28635, Feb. 9, 2018
Presidential Decree No. 28686, Feb. 27, 2018
Presidential Decree No. 29172, Sep. 18, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29331, Dec. 4, 2018
Presidential Decree No. 29677, Apr. 2, 2019
Presidential Decree No. 29778, May 21, 2019
Presidential Decree No. 30103, Oct. 1, 2019
Presidential Decree No. 30285, Dec. 31, 2019
Presidential Decree No. 30425, Feb. 18, 2020
Presidential Decree No. 30645, Apr. 28, 2020
Presidential Decree No. 30704, May 26, 2020
Presidential Decree No. 30893, Aug. 4, 2020
| Article 2 (Standards for Designation of Development Restriction Zones and Rescission Thereof) |
| 1. | An area in which restriction on development is necessary to prevent disorderly urban sprawl or to prevent neighboring cities from being linked by continuous urban areas; |
| 2. | An area in which restriction on development is necessary to conserve the natural environment and ecosystems surrounding cities and to ensure a healthy living environment for city dwellers; |
| 3. | An area in which restriction on development is necessary for national security; |
| 4. | An area in which restriction on development is necessary to establish urban identity and to manage sustainable growth. |
| (2) | A development restriction zone shall be designated so as to achieve spatial continuity in order to attain the purpose of designation under Article 3 (1) of the Act; however, ensuring self-reliance of a city, reasonable use of land, sustainable growth management, etc. shall be considered. |
| (3) | Where any of the following is applicable to a development restriction zone, the development restriction zone may be adjusted or cancelled as determined by the Minister of Land, Infrastructure and Transport pursuant to Article 3 (2) of the Act: <Amended on Aug. 5, 2009; May 14, 2012; Nov. 12, 2012; Mar. 23, 2013; Oct. 30, 2013; Jun. 1, 2015; Sep. 8. 2015; Mar. 29, 2016> |
| 1. | An area necessary for the adequate supply of urban land, which shows low conservational value as a result of environmental assessment of a development restriction zone. In such cases, an area that can be developed in connection with another area in need of revitalization as its urban function has declined shall be preferentially considered; |
| 2. | A village in which residents reside collectively, requiring improvement of the living environment and village renovation; |
| 3. | An area necessary for land-use rationalization, such as installation of infrastructure for balanced urban growth, adjustment of size of urbanized areas, etc.; |
| 4. | An area in which maintenance of a development restriction zone is unnecessary as the purpose of designation is attained; |
| 5. | Small-scale land of not exceeding 30,000 square meters that is severed due to the installation of a road (applicable only to a road of a size determined by the Minister of Land, Infrastructure and Transport), railroad, or open channel of a river: Provided, That this shall not apply where disorderly development is conducted in the area and vicinity, land speculation occurs, or optimal urban management is highly likely to be disrupted, as a result of the adjustment or cancellation of a development restriction zone; |
| (a) | That the size of the site has not exceed 1,000 square meters since the designation or cancellation, and the boundary of a development restriction zone is established in a manner in which the boundary traverses the site; |
| (b) | That the size of the development restriction zone in the site does not exceed the standard size. In such cases, the standard size shall be determined by City/Do Ordinance in consideration of the regional characteristics, such as the number of sites through which the boundary of a development restriction zone traverses, among the jurisdictions of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do"), scale of the area that is the development restriction zone among the site, situation of dispersion of the development restriction zone, status of land use, topography, landform, etc.; |
| 7. | A small-scale land of less than 1,000 square meters which would, if released from a development restriction zone, lead to the loss of the spacial contingency thereof. |
| (4) | Where the designation of an area falling under paragraph (3) 2 or 5 as a development restriction zone is to be cancelled, the area shall be designated as a district-unit planning zone pursuant to Article 51 of the National Land Planning and Utilization Act and a district-unit plan shall be formulated: Provided, That in an area falling under paragraph (3) 5, this shall apply only where its space exceeds 30,000 square meters. <Newly Inserted on Aug. 5, 2009; Apr. 10, 2012; Mar. 29, 2016> |
| (5) | Where a special-purpose area is to be designated pursuant to Article 36 of the National Land Planning Utilization Act on land, the designation of which as a development restriction zone is cancelled as the land falls under paragraph (3) 5, the land shall be designated as a green area pursuant to subparagraph 4 of Article 30 of the Enforcement Decree of the same Act: Provided, That where the land meets all of the following requirements, it may be designated as another kind of special-purpose area: <Newly Inserted on Aug. 5, 2009; Apr. 10, 2012> |
| 1. | That it is necessary to designate the land as another kind of special-purpose area for urban development and it complies with a metropolitan plan under subparagraph 1 of Article 2 of the National Land Planning and Utilization Act, and a basic urban or Gun plan under subparagraph 3 of the same Article; |
| 2. | That it is necessary to designate the land in harmony with a neighboring collective village, the designation of which as a development restriction zone is cancelled pursuant to paragraph (3) 2 or with a special-purpose area in an area other than a neighboring development restriction zone; |
| 3. | That it is not necessary to install further infrastructure even if the land is designated as another kind of special-purpose area. |
| (6) | Where the head of a central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si, Gun, or Gu formulates a plan to install urban or Gun planning facilities in a development restriction zone pursuant to Article 11 (1) 4 of the Act, he or she shall ensure that no small-scale land-locked land prescribed in paragraph (3) 5 is created; where small-scale land-locked land is unavoidably created, he or she shall preconsult on reasons, scale, time of creation, etc., with the Minister of Land, Infrastructure and Transport, and the head of a Si, Gun, or Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the relevant area. <Newly Inserted on Aug. 5, 2009; Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013> |
| Article 2-2 (Plans, etc. for Restoration of Damaged Land) |
| (1) | The management measure for a development restriction zone (hereinafter referred to as "plan, etc. for restoration of damaged land") in the vicinity, such as a plan to restore damaged land (hereinafter referred to as "damaged land") in a development restriction zone under Article 4 (4) of the Act, etc., to be included, pursuant to the same paragraph of the same Article, in an urban or Gun management plan concerning the cancellation of a development restriction zone under paragraph (1) of the same Article shall specify that the damaged land remaining as a development restriction zone and surrounding area be restored in conformity with the purpose of designation of the development restriction zone so that the function as a green area is recovered. In such cases, the plan, etc. for restoration of damaged land with regard to adjustment or cancellation of a development restriction zone under Article 2 (3) 1 or 3 shall state the damaged land and surrounding area shall be set aside to provide a relaxation area for residents and city dwellers to make good use of spare time. <Amended on Apr. 10, 2012> |
| (2) | The damaged land to be restored pursuant to the latter part of Article 4 (4) of the Act (hereinafter referred to as "area for restoration project") shall be selected by a person who has authority to formulate an urban or Gun management plan under Article 4 (1) of the Act (hereinafter referred to as "policy-making authority") from among areas meeting the following requirements after consultation with the Minister of Land, Infrastructure and Transport, and head of a Si, Gun, or Gu: <Amended on Apr. 10, 2012; Mar. 23, 2013; Jun. 30, 2016> |
| 1. | That the area shall be located within the relevant development restriction zone to which an area intended to be released (hereinafter referred to as “area subject to release”) belongs among development restriction zones under Article 4 (4) of the Act. In such cases, where damaged land is scattered throughout various places, adjacent areas shall be preferentially selected; |
| 2. | That restoration shall lead to beneficial effects of achieving the purpose of designation of development restriction zone; |
| 3. | That the area is easily accessible to city dwellers as a relaxation area to make good use of spare time. |
| (3) | Where the Minister of Land, Infrastructure and Transport determines an urban or Gun management plan pursuant to Article 8 of the Act upon receipt thereof, including a plan, etc. for restoration of damaged land from a policy-making authority, he or she shall promptly notify the relevant urban or Gun management plan to the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing Mayor, or the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") authorized to formulate a management plan for development restriction zones for the relevant area under Article 11 (1) of the Act. <Amended on Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013> |
| (4) | A Mayor/Do Governor notified of an urban or Gun management plan pursuant to paragraph (3) shall manage a plan, etc. for restoration of damaged land included in the urban or Gun management plan by reflecting them in the management plan for development restriction zones under Article 11 (1) of the Act (hereinafter referred to as "management plan"). <Amended on Apr. 10, 2012> |
| (5) | Where a development project operator intends to implement an urban or Gun planning facility project pursuant to Article 86 of the National Land Planning and Utilization Act over an area for restoration project in order to efficiently implement a project for restoration of damaged land pursuant to Article 4 (4) and (5) of the Act, the head of a central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing Mayor, a Do Governor, the Special Self-Governing Province Governor, the head of a Si, or the head of a Gun shall cooperate in the implementation of the restoration project, such as taking prompt measures to determine an urban or Gun management plan under Article 30 of the same Act, preparation of and authorization for an implementation plan under Article 88 of the same Act, other measures pursuant to other relevant statutes or regulations. <Amended on Apr. 10, 2012; Oct. 30, 2013> |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 2-3 (Details of Plans, etc. for Restoration of Damaged Land) |
| (1) | A plan, etc. for restoration of damaged land shall include the following matters: |
| 1. | Location and scope of the restoration project area; |
| 2. | Details of a restoration project; |
| 3. | The implementer of a restoration project or a person scheduled to implement a restoration project; |
| 4. | Present situation and actual condition of the damaged land, such as obstacles, etc. in the restoration project area; |
| 5. | Time to implement the restoration project; |
| 6. | Financial resources required for the restoration project and its financing plan; |
| 7. | Measures to relocate occupants of a building, etc. removed; |
| 8. | Measures to manage the surrounding area preserved as a development restriction zone, outside of the restoration project area; |
| 9. | Opinions, etc. of relevant agencies and interested parties. |
| (2) | Where the probability of realizing the objectives prescribed in Article 2-2 (1) or the actual effect of restoration is determined to be low in view of the details of the plan, etc. for restoration of damaged land under paragraph (1), the Minister of Land, Infrastructure and Transport may request a policy-making authority to fully or partially supplement or correct the damaged land restoration plan, etc. In such cases, the policy-making authority shall be fully heard. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 2-4 Deleted. <Jun. 25, 2012> |
| Article 2-5 (Detailed Matters Necessary for Damaged Land Restoration Projects) |
Detailed matters necessary for the details, procedures, etc. of damaged land restoration projects shall be determined separately by the Minister of Land, Infrastructure and Transport. <Amended on Jun. 25, 2012; Mar. 23, 2013>
[This Article Newly Inserted on Aug. 5, 2009]
| Article 2-6 (Requirements for Rearrangement Project Zones) |
| (1) | A rearrangement project (hereinafter referred to as “rearrangement project”) for a damaged area in which animal or plant-related facilities are concentrated (hereinafter referred to as “concentrated damaged area”) under Article 4-2 (1) of the Act shall meet all of the following requirements: <Amended on Oct. 1, 2019> |
| 1. | A concentrated damaged area shall meet all of the following requirements: |
| (a) | The total size of concentrated damaged areas shall exceed 10,000 square meters. Where there exist at least two concentrated damaged areas, the size of each concentrated damaged area shall exceed 3,000 square meters and each of them shall be located in the jurisdiction of the same Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply); |
| (b) | The relevant animal or plant-related facilities shall be those for which permission for construction has been granted, or the installation of which has been finished, before March 30, 2016; |
| (c) | The land (referring to the land on which the proportion of the building space of animal or plant-related facilities in the space of the relevant site exceeds 20/100; hereinafter the same shall apply) on which animal or plant-related facilities are installed shall occupy more than 70/100 of the concentrated damaged area; |
| (d) | The land located in a concentrated damaged area other than the land on which animal or plant-related facilities are installed shall not include any forest land: Provided, That some forest land (excluding any forest land with high conservation values identified based on environmental assessment of a development restriction zone) up to 5/100 of a concentrated damaged area may be included where it is essential for the formalization of the rearrangement project zone and the effective implementation of the relevant project; |
| 2. | In the case of the land located in a development restriction zone which is scattered around a concentrated damaged area that meets the requirements specified in each item of subparagraph 1 and on which animal or plant-related facilities (limited to those facilities for which permission for construction was granted, or the installation of which was finished, before March 30, 2016) are installed, it shall be included in a rearrangement project zone only where it is formed into an urban park or green area under Article 2 of the Act on Urban Parks and Green Areas or it is restored; |
| 3. | There shall not exist at the time referred to in the following any delinquent charge for compelling compliance imposed on the relevant animal or plant-related facilities: |
| (a) | When the Mayor/Do Governor requests consultation with the Minister of Land, Infrastructure and Transport on a rearrangement project under the former part of Article 4-2 (6) of the Act; |
| (b) | When applying for permission for any act under Article 12 of the Act for implementing a rearrangement project. |
| (2) | “Documents prescribed by Presidential Decree” in Article 4 (2) 4 of the Act means documents that include the following information: <Amended on Oct. 1, 2019> |
| 1. | Location and space of a rearrangement project zone; |
| 2. | Matters concerning details and methods referred to in Article 2-7; |
| 3. | Land utilization plans; |
| 4. | Plan for financing the installation of any infrastructure in cases of installing the infrastructure outside of a rearrangement project zone; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Mar. 29, 2016]
| Article 2-7 (Details and Methods of Rearrangement Projects) |
| (1) | Details of a rearrangement project shall be as follows: |
| 1. | Installation of facilities referred to in each subparagraph of Article 13 (3); |
| 2. | New establishment of existing building in a rearrangement project zone after its removal; |
| 3. | Installation and rearrangement of any infrastructure such as road. |
| (2) | A rearrangement project may be implemented by means of any of the following: <Amended on Oct. 1, 2019> |
[This Article Newly Inserted on Mar. 29, 2016]
| Article 2-8 (Establishment of Association) |
| Article 2-9 (Subjects of Reversion to Development Restriction Zones and Public Notification on Reversion) |
| (1) | “Area released from a development restriction zone on the ground prescribed by Presidential Decree such as adequate supply of urban sites and installation of infrastructure” in Article 5 (3) of the Act, with the exception of its subparagraphs, of the Act means an area released from a development restriction zone in accordance with Article 2 (3) 1 or 3. |
| (2) | The Ministry of Land, Infrastructure and Transport shall, where there occurs any reversion to a development restriction zone in accordance with Article 5 (3) of the Act, publicly notify the following matters in an official gazette in accordance with paragraph (5) of the same Article: |
| 1. | Name, location, and space of the zone which is reverted to a development restriction zone; |
| 2. | Ground for reversion to a development restriction zone; |
| (3) | "Inevitable reason prescribed by Presidential Decree such as occurrence of a disaster" in the proviso of Article 5 (3) 1 of the Act means any of the following events: <Newly Inserted on Feb. 1, 2019> |
| 1. | Where a natural disaster occurs; |
| 3. | Where there occurs any other force majeure event for which the relevant project implementer is not liable. |
[This Article Newly Inserted on Mar. 29, 2016]
| Article 3 (Basic Inspection to Formulate Urban or Gun Management Plans) |
| (1) | "Matters prescribed by Presidential Decree" in Article 6 (1) of the Act means the following: <Amended on Apr. 10, 2012> |
| 1. | Natural circumstances, such as climate, topography, natural resources, and ecology; |
| 3. | Present status and trends in storm and flood damage, earthquakes and of other disasters; |
| 4. | Details of other plans and projects related to an urban or Gun management plan; |
| 5. | Other matters necessary for the formulation of an urban or Gun management plan. |
| (2) | "Public institution prescribed by Presidential Decree" in Article 6 (4) of the Act means the following institutions: <Newly Inserted on Oct. 30, 2013; Jun. 1, 2015> |
| (3) | Where data has been inspected or surveyed pursuant to other statutes or regulations on matters to be inspected when basic inspection under Article 6 (1) of the Act and inspection of actual condition under Article 6 (2) of the Act are to be conducted, such data may be utilized. <Amended on Oct. 30, 2013> |
[Title Amended on Apr. 10, 2012; Oct. 30, 2013]
| Article 4 (Hearing Opinions of Residents When Formulating Urban or Gun Management Plans) |
| (1) | Where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si, or the head of a Gun intends to hear opinion of residents on the formulation of an urban or Gun management plan pursuant to the main sentence of Article 7 (1) of the Act, he or she shall publicly announce the main details of a draft urban or Gun management plan in at least two daily newspapers with distribution predominantly relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, Si or Gun and make the draft urban or Gun management plan accessible to the general public for inspection for at least 14 days. <Amended on Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013> |
| (2) | Any person who has an opinion on the details of a draft urban or Gun management plan publicly announced and inspected by the general public pursuant to paragraph (1) may submit a written opinion to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si, or the head of a Gun during the period of public inspection. <Amended on Apr. 10, 2012; Oct. 30, 2013> |
| (3) | Within 60 days after a period of public inspection ends, the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si, or the head of a Gun shall examine whether to reflect an opinion presented under paragraph (2) in an urban or Gun management plan and inform the result to the person who presented the opinion. <Amended on Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013> |
| (4) | Where the details of an opinion presented pursuant to paragraph (2) are important matters prescribed by municipal ordinance concerning an urban or Gun management plan of relevant local government when the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si, or the head of a Gun reflects the opinion in the urban or Gun management plan, he or she shall publicly re-announce the details of the opinion and submit it to public inspection, and hear opinions of residents. <Amended on Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013> |
| (5) | Paragraphs (1) through (3) shall apply mutatis mutandis to the re-announcement and resubmission to public inspection under paragraph (4). |
| (6) | "Insignificant matters prescribed by Presidential Decree" in the proviso to Article 7 (1) of the Act means determination for alteration to correct the miscalculated area among the details of determination of an urban or Gun management plan. <Amended on Apr. 10, 2012> |
[Title Amended on Apr. 10, 2012]
| Article 5 (Hearing Opinions of Local Councils to Formulate Urban or Gun Management Plans) |
"Matters prescribed by Presidential Decree" in Article 7 (5) of the Act means matters concerning the designation and cancellation of a development restriction zone: Provided, That insignificant matters prescribed in Article 4 (6) shall be excluded. [Title Amended on Apr. 10, 2012]
| Article 6 (Determination to Alter Insignificant Matters of Urban or Gun Management Plans) |
"Insignificant matters prescribed by Presidential Decree" in the proviso to Article 8 (5) of the Act means a determination for alteration to correct the miscalculated area among the details of determination of an urban or Gun management plan. <Amended on Apr. 10, 2012> [Title Amended on Apr. 10, 2012]
| Article 7 (Public Notification of Determination of Urban or Gun Management Plans) |
The public notification of determination of an urban or Gun management plan under the former part of Article 8 (6) of the Act shall be made by publishing the following in the Official Gazette: <Amended on Apr. 10, 2012; Mar. 23, 2013> | 1. | Designation or cancellation of a development restriction zone; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[Title Amended on Apr. 10, 2012]
| Article 8 Deleted. <Oct. 30, 2013> |
| Article 9 Deleted. <Oct. 30, 2013> |
| Article 10 (Details of Management Plans for Development Restriction Zones) |
| (1) | "Construction of a building larger than that prescribed by Presidential Decree or alteration of the form and quality of land" in the main sentence of Article 11 (1) 5 of the Act means the construction of the following buildings or change to the form and quality of land (including collection of soil and stones; hereinafter the same shall apply): <Amended on Oct. 30, 2013> |
| 1. | Construction of a building, the total floor area of which exceeds 3,000 square meters (where construction is conducted piecemeal over time for the same purpose or is conducted as the building adjoins another building, referring to the total area); |
| 2. | Change to the form and quality of land exceeding 10,000 square meters (where change to the form and quality of land is made piecemeal over time for the same purpose or is made adjacently with another land, referring to the total area). |
| (2) | "Matters prescribed by Presidential Decree" in Article 11 (1) 9 of the Act means the following: <Amended on Aug. 5, 2009; Apr. 10, 2012; Mar. 23, 2013> |
| 1. | Management of an area, the designation of which as development restriction zone is subject to cancellation according to an urban or Gun management plan or metropolitan plan under the National Land Planning and Utilization Act; |
| 2. | Environmental improvement, such as collection of abandoned wastes, restoration of a damaged environment, etc.; |
| 2-2. | Current status of an area in need of restoration of damaged land and a plan for restoration; |
| 3. | Computerization of management of a development restriction zone; |
| 4. | Installation and management of landmarks prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in order to mark the boundaries of development restriction zones; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the sustainable management of development restriction zones. |
| (3) | Where provisions of other statutes expressly provide for matters to be included in a management plan when formulated, such details may be utilized. <Amended on Aug. 5, 2009> |
| (4) | "Insignificant matters prescribed by Presidential Decree" in the proviso to Article 11 (2) of the Act and the proviso to Article 11 (5) means the following matters: <Amended on Oct. 14, 2010; Apr. 10, 2012; May 14, 2012; Mar. 23, 2013; Oct. 30, 2013; Jun. 30, 2016; Feb. 18, 2020> |
| 1. | Changes to a plan for the inspection of current status and actual condition of development restriction zones; |
| 2. | Where any of the following is applicable to an urban or Gun planning facility under Article 11 (1) 4 of the Act (hereinafter referred to as "urban or Gun planning facility") or to the main sentence of subparagraph 5 of the same paragraph: |
| (a) | Decrease in the total floor area of a building or the area of change to the form and quality of land; |
| (b) | Increase by not exceeding 2/10 of the original condition, in the total floor area of a building or by 1/10 of the original condition, in the area of land, the form and quality of which are changed (referring to the accumulated area where the area increases over time for the same purpose): Provided, That this shall exclude any increased area corresponding to a scale falling under paragraph (1); |
| (c) | Deleted; < May 14, 2012> |
| 3. | Change to land through which linear facilities, such as roads, railroads, tracks, utility tunnels, feed water pipes, drain pipes, transmission lines, gas pipes, etc., pass and change of width; |
| 4. | Change to reflect a plan, etc. for restoration of damaged land in the management plan referred to in Article 2-2 (4); |
| 5. | Other matters similar to those in subparagraphs 1 through 3, which are determined by the Minister of Land, Infrastructure and Transport. |
| (5) | Where insignificant changes are made to a management plan under paragraph (4), a Mayor/Do Governor shall inform the Minister of Land, Infrastructure and Transport thereof without delay. <Amended on Aug. 5, 2009; Mar. 23, 2013> |
| Article 11 (Hearing Opinions of Residents When Formulating Management Plans) |
| (1) | Where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu intends to hear opinion of residents on the formulation of a management plan pursuant to the main sentence of Article 11 (6) of the Act, he or she shall publicly announce the main details of a draft urban or Gun management plan in at least two daily newspapers with distribution predominantly in the relevant Si/Gun/Gu and make the draft management plan accessible to the general public for inspection for at least 14 days. <Amended on Apr. 10, 2009; Mar. 30, 2013; Oct. 1, 2013; Oct. 1, 2019> |
| (2) | A person who has an opinion on the details of a draft management plan publicly announced and inspected by the general public submit to paragraph (1) may submit a written opinion to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu. <Amended on Oct. 30, 2013> |
| (3) | When the head of a Si/Gun/Gu submits opinions of residents on a draft management plan to the competent Mayor/Do Governor, he or she shall also submit a summary of the draft. |
| Article 12 (Public Announcement, etc. of Management Plans) |
| (1) | When a Mayor/Do Governor publicly announces approval of a management plan pursuant to Article 11 (8) of the Act, he or she shall publish the following matters in the public gazette of the relevant local government and post them on the bulletin boards of the relevant Si/Gun/Gu and Eup/Myeon/Dong: <Amended on Oct. 30, 2013; Oct. 1, 2019> |
| 2. | Main details of the management plan; |
| (2) | A Mayor/Do Governor shall send a copy of approval of a management plan, management plan documents, and drawings to a Si/Gun/Gu to make them available for inspection by the general public. |
| (3) | When the head of a Si/Gun/Gu receives documents, etc. sent under paragraph (2), he or she shall make them available for inspection by the general public for at least 14 days or more. |
| Article 13 (Kinds of Buildings or Structures Meeting Requirements for Permission) |
| (1) | The kinds of buildings or structures and the scope of construction or installation under Article 12 (1) 1 of the Act shall be as listed in attached Table 1. |
| (2) | Where any of the following is applicable to land in a development restriction zone, buildings or structures permitted in the adjacent special-purpose area may be constructed or installed: <Amended on Oct. 30, 2013; Mar. 29, 2016> |
| 1. | Where a development restriction zone boundary traverses a building or structure (including a building or structure, the construction or project of which is already begun after obtaining permission under relevant statutes at the time of designation of the development restriction zone pursuant to Article 12 (7) of the Act) from the time of designation of the development restriction zone, the site of the building or structure (referring to the land constituting a body in function as divided by fences, etc., from the time of designation of the development restriction zone); |
| 2. | A parcel of land, less than 1/2 of which is incorporated into a development restriction zone from the time of designation of the development restriction zone, and land categorized as a site (including the land which is divided based on the boundary line of a development restriction zone after the designation of that development restriction zone). |
| (3) | “Facilities prescribed by Presidential Decree” in Article 12 (1) 1-2 of the Act means the following facilities: <Newly Inserted on Mar. 29, 2016; Feb. 9, 2018> |
| (b) | The height shall not exceed 10 meters; |
| (c) | The floor area ratio shall not exceed 120 percent; |
| 3. | A building which is newly constructed for the same purpose as the previous one after removal of any building referred to in Article 13 of the Act within a rearrangement project zone. |
| Article 14 (Scope of Change to Form and Quality of Land Not Accompanied by Construction of Buildings) |
"Changing the form and quality of land for the purposes of farming or other reasons prescribed by Presidential Decree" in Article 12 (1) 4 of the Act means the following: <Amended on Aug. 5, 2009; Mar. 23, 2013; Nov. 24, 2014; Feb. 11, 2016; Jul. 11, 2017; Feb. 18, 2020> | 1. | Reclamation or creation of pasture for agriculture, forestry or fisheries. In such cases, land scheduled to be reclaimed shall have a gradient not exceeding 21 degrees and land scheduled to be created as a pasture shall have a gradient not exceeding 36 degrees; |
| 2. | Collection of soil and stones to substitute a paddy or field under cultivation with another parcel of land or to pour soil thereon from another parcel of land, and collection of aggregates accompanying the substitution of a paddy or field with another parcel of land, creation of a paddy or land reclamation (in the case of land reclamation, applicable only to land with a gradient not exceeding five degrees and without trees); |
| 3. | Change to the form and quality of land to install a farm road, forestry trail, or private road; |
| 4. | Deleted; <Aug. 5, 2009> |
| 6. | Deleted; <Oct. 14, 2010> |
| 7. | Change to the form and quality of land to convert an existing cemetery into a public cemetery within the boundary of the cemetery; |
| 8. | Change to the form and quality of land to install agricultural swamps and facilities to supply agricultural water; |
| 9. | Change of the form and quality of land for the purpose of installing an access road to a facility falling under any of the following: |
| (a) | A residential house or neighborhood living facility in a development restriction zone (limited only to the one which has been constructed at the time of designating a development restriction zone or which is intended to be newly constructed in accordance with subparagraph 5 (c) (i) of attached Table 1 or (d) (ii) of the same subparagraph); |
| (b) | A community workshop, community meeting hall, cooperative member shop, joint market or public bathhouse which has been constructed or installed at the time of designating a development restriction zone, among residents' community public facilities under subparagraph 5 (e) of attached Table 1; |
| 9-2. | Change to the form and quality of land to install an access road to a traditional temple under the Korean Traditional Temples Preservation and Support Act. In such cases, the width of the access road shall not exceed four meter, but the width may be enlarged by up to eight meters in places where necessary to ensure safety, such as passing of oncoming vehicles, evacuation, etc.; |
| 10. | Change to the form and quality of land to remove mining refuse, debris and mineral scraps left abandoned before designation of a development restriction zone; |
| 11. | Change to the form and quality of land necessary for the implementation of a project for the rearrangement of a village district designated under Article 15 (1) of the Act; |
| 12. | Change to the form and quality of land to create land, on which buildings are removed, and adjoining land into a green area, etc.; |
| 14. | Collection of soil, stones, sand, and aggregates in a river zone and collection of aggregates following dredging of reservoirs and catchment areas; |
| 15. | Exploration and development of underground resources prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (including installation of structures therefor); |
| 16. | Change to the form and quality of land to install an open air parking lot (including installation of a temporary building for parking management, the total floor area of which does not exceed 20 square meters) on the land turned into a building site (referring to the land created according to lawful procedures, such as permission under relevant statutes, on which no trees and buildings stand or no structures are built or installed, and categorized as a building site, factory site, railway site, road site, school site, water supply site, or miscellaneous land; hereinafter the same shall apply); |
| 17. | Change to the form and quality of land (applicable only where installation on existing site is impossible) to install a parking lot appurtenant to a building under the Parking Lot Act; |
| Article 15 (Size and Quantity of Bamboos and Trees Felled) |
"Scale prescribed by Presidential Decree" in Article 12 (1) 5 of the Act means the area of felled trees of 500 square meters or the volume of felled trees of five cubic meters.
| Article 16 (Subdivision of Land) |
"Extent prescribed by Presidential Decree" in Article 12 (1) 6 means where the size of each parcel after subdivision exceeds 200 square meters (exceeding 330 square meters where land categorized as a building site is subdivided to construct houses or neighborhood living facilities): Provided, That where any of the following is applicable, land may be subdivided into parcels of a size less than that: <Amended on Feb. 18, 2020> | 2. | Where combining with a contiguous parcel is intended; |
| 3. | Where a private road under the Private Road Act, farm road, forestry trail or access road to the site of a building is to be installed; |
| 4. | Where the form and quality of land is changed pursuant to subparagraph 3 (a) of attached Table 2: Provided, That such cases shall be excluded where the area of other parcel, the form and quality of which are not changed after subdivision does not exceed 60 square meters. |
| Article 17 (Stockpiling of Objects) |
| (1) | "Objects prescribed by Presidential Decree" in Article 12 (1) 7 of the Act means sand, gravel, soil, stones, stone products, wood products, steel products, polyvinyl chloride (PVC), containers, concrete products, drums, bottles, and other objects that are not wastes under subparagraph 1 of Article 2 of the Wastes Control Act, the weight of which exceeds 50 tons, or the volume of which exceeds 50 cubic meters. |
| Article 18 (Alteration of Purpose of Use) |
| (1) | "Altering the use of any building prescribed by Presidential Decree to other use prescribed by Presidential Decree, including for the use of a neighborhood convenience facility" in Article 12 (1) 8 of the Act means the following: <Amended on Aug. 5, 2009; Sep. 16, 2011; Dec. 8, 2011; May 14, 2012; Mar. 23, 2013; Nov. 24, 2014; Dec. 9, 2014; Sep. 8, 2015; Mar. 29, 2016; Mar. 29, 2017; Feb. 27, 2018> |
| 1. | Where the purpose of use of a house is altered to any of the following facilities: Provided, That where a house newly constructed after June 24, 1999 in an area (excluding treatment-required zone under subparagraph 15 of Article 2 of the Sewerage Act) within one kilometer in a beeline from the boundary of a river on either side of the shores (referring to a national river or local river under the River Act) that is upstream of a water source under subparagraph 2 of Article 3 of the Water Supply and Waterworks Installation Act, alteration of purpose of use shall be allowed only for a neighborhood convenience facility, other than those not permitted to install under Article 5 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin: |
| (b) | A Class II neighborhood convenience facility (excluding a karaoke bar, a place of massage practice, and a karaoke room) under subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act; |
| 2. | Where the purpose of use of a neighborhood convenience facility (applicable only where the purpose of its use was altered from a residential house or it was newly constructed after June 24, 1999) under subparagraph 5 (d) of attached Table 1 is altered to any of the following facilities: |
| (c) | A Class II neighborhood convenience facility (excluding a karaoke bar, a place of massage practice, and a karaoke room) under subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act; |
| 3. | Altering the purpose of use of a building again to a house, the purpose of use of which was changed from a house to another use; |
| 4. | Altering the purpose of use of a building (including where the purpose of use of a building is newly altered to any of the following facilities after the purpose of use was altered), the construction of which is prohibited in a development restriction zone to one of the following facilities: Provided, That (this shall apply only to the alteration of the purpose of use of a factory in cases of the alteration of the purpose of use to a facility falling under item (d) or (g)): |
| 5. | Deleted; <Sep. 8, 2015> |
| 6. | Altering the purpose of use of a closed school to a nature learning facility, youth training facility (alteration is allowed only for a youth training center, youth training hall, and youth campground), research institute, educational center, training institute, library, museum, art gallery, or religious facility within total floor area of the existing facility; |
| 8. | Altering the purpose of use of an existing airport and airfield according to an implementation plan for a development project under Article 7 (1) of the Airport Facilities Act in order to utilize idle facilities of an existing airport to the extent of the total floor area of the existing facility; |
| 9. | Deleted; <Aug. 5, 2009> |
| 10. | Altering the purpose of use between facilities within the scope of construction or installation under attached Table 1. In such cases, the extension of an existing facility shall be unnecessary as the scale, location, etc., of the existing building is appropriate for the new purpose of use, and altering the purpose of use to a house or neighborhood living facility shall be allowed only where a building is constructed or a structure is installed after a development restriction zone is designated on land categorized as a building site at the time of designation of the development restriction zone; |
| 11. | Altering the purpose of use of an existing public office facility (referring to a government building of a central administrative agency (including its affiliated agency) moving to another place pursuant to the Special Act on the Construction and Development of Innovation Cities; hereafter the same shall apply in this subparagraph) to a general business facility (referring to a business facility of a public institution under the Act on the Management of Public Institutions (including a nonprofit corporation established pursuant to Article 32 of the Civil Act or another Act, which are permitted to use the site of the existing public office facility after deliberation by the Seoul Metropolitan Area Readjustment Committee under Article 21 of the Seoul Metropolitan Area Readjustment Planning Act). |
| (2) | A person to whom any of the following applies shall be permitted to alter the purpose of use to a rest-stop restaurant, bakery, or general restaurant pursuant to paragraph (1) 1, 2 and 4, and the total floor area of a building, the purpose of use of which is to be altered shall not exceed 300 square meters: <Amended on Mar. 29, 2016; Feb. 18, 2020> |
| 1. | A person (hereinafter referred to as "person residing in the development restriction zone for at least five years") who has been residing in the relevant development restriction zone for at least five years as of the date of filing an application for permission; |
| 2. | A person who has been owning and managing the relevant facility in the relevant development restriction zone for at least five years as of the date of filing an application for permission; |
| 3. | A person who has been residing in the relevant development restriction zone as at the time of designation of the development restriction zone (including a person who is residing in the relevant development restriction zone at the time of designation of development restriction zone, own a house or land in the development restriction zone, and has been residing for at least three years outside of the development restriction zone for an occupation; the period during which he or she has resided in a place outside of the development restriction zone to attend school for the head of the household, his or her lineal descendants, etc., shall be deemed a period during which he or she has resided in the development restriction zone; hereinafter referred to as "person residing in the development restriction zone as at the time of designation"). |
| (3) | As for a rest-stop restaurant, bakery, or general restaurant, the purpose of use of which is altered under paragraph (2), a parking lot of a size not exceeding 300 square meters may be installed using adjacent land; where the purpose of use of the parking lot is altered to another use, the site of the parking lot shall be reverted to the original land category. <Amended on Oct. 30, 2013> |
| Article 18-2 (Kinds of Buildings Allowed to Be Built on Land, the Category of Which Is Changed) |
"Building prescribed by Presidential Decree" in Article 12 (1) 9 of the Act means a house or neighborhood living facility under subparagraph 5 (c) and (d) of attached Table 1. [This Article Newly Inserted on Apr. 28, 2014]
[This Article is valid until Dec. 31, 2015 pursuant to Article 2 of the Addenda to Presidential Decree No. 25325 (promulgated on Apr. 28, 2014)]
| Article 19 (Matters to Be Reported) |
Matters to be reported pursuant to Article 12 (3) of the Act shall be listed as follows: <Amended on Aug. 5, 2009; Oct. 14, 2010; Jan. 28, 2011; May 14, 2012; Oct. 30, 2013; Jan. 28, 2014; Sep. 8, 2015; Jun. 30, 2016; Feb. 18, 2020> | 1. | Making extensions, improvements, or substantial repairs to a house or neighborhood convenience facility, to which any of the following applies: |
| (a) | Where the aggregate area including existing areas does not exceed 100 square meters; |
| (b) | Where the aggregate floor area of a house or neighborhood convenience facility to be extended, improved or substantially repaired does not exceed 85 square meters; |
| 2. | Making extensions, improvements, or substantial repairs to a building or structure for agriculture, forestry, or fisheries (excluding a building for caretakers), to which any of the following applies: |
| (a) | Where the aggregate building area or floor area to be extended, improved, or substantially repaired does not exceed 50 square meters; |
| (b) | Where the aggregate total floor area including the existing area of livestock shed, animal breeding shed, crop cultivation shed, compost floor (including fermented compost floor), and greenhouse is less than 200 square meters; |
| (c) | Where the aggregate total floor area including the existing area of a warehouse is less than 100 square meters; |
| 2-2. | Erecting a agricultural conservatory(referring to the one erected with only roof and pillars without walls) of a size between 10 to 20 square matters used for weekend farm business, the number of users of which is 50 or more, that rents land for weekend farming among weekend farm businesses under subparagraph 16 (c) of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act: Provided, That where the weekend farm is not operated, it shall be removed without delay and the land shall be reinstated; |
| 3. | Exchanging the purpose of use between neighborhood convenience facilities: Provided, That it shall where the purpose of use is altered to a rest-stop restaurant, bakery or general restaurant, such cases shall be excluded; |
| 4. | Felling bamboos or trees in an area of bamboos or trees felled is less than 500 square meters or the volume of bamboos or trees felled is less than five square meters; |
| 5. | Stockpiling any of following objects: |
| (a) | Stockpiling objects referred to in Article 17 (1) for less than one month; |
| (b) | Stockpiling objects referred to in Article 17 (1), the weight of which does not exceed 50 tons or the volume of which does not exceed 50 cubic meters for at least 15 days; |
| 7. | Installation (only for the installation on the site of an existing factory or manufacturing company) of a temporary makeshift tent (including those with either wall or roof is of synthetic fiber materials) for the storage of products; |
| 8. | Installation of an embankment, retaining wall, debris barrier, etc., to prevent it from the collapse of ground or other disaster or to restore therefrom; |
| 9. | Installation of an additional fence, the height of which does not exceed 2 meters, to a building (excluding residential houses) installed with permission; |
| 10. | Change to the form and quality of land to change a paddy to a field; |
| 11. | Change to the form and quality of land to change a paddy or field to an orchard; |
| 12. | Change to the form and quality of land that has been changed to a building site to a paddy, field, orchard, or pasture; |
| 13. | Installation of facilities for the development and use of ground water (limited to where a water supply system is not installed) within the site of an existing residential housing complex which has existed since the time the development restriction zone is designated. |
[Title Amended on May 14, 2012]
| Article 20 (Construction of Buildings or Change in Form and Quality of Land for Which Residents Are to Be Heard and Procedures Therefor) |
| (1) | "Construction of a building or change in the form and quality of land than that prescribed by Presidential Decree" in the main sentence of Article 12 (6) of the Act means the following construction or change to form and quality: Provided, That the construction of a building or change to the form and quality of land under the main sentence of Article 11 (1) 5 of the Act shall be excluded: <Amended on Aug. 5, 2009; Apr. 4, 2011; Oct. 30, 2013; May 21, 2019> |
| 1. | Construction of a building (where a parcel is divided into several parcels and buildings are to be constructed on each parcel, referring to the aggregate floor areas of buildings built on each parcel), the total floor area of which exceeds 1,500 square meters; |
| 2. | Change to the form and quality of land (where a parcel is divided into several parcels and buildings are to be constructed on each parcel, referring to the total area of change to the form and quality of land of each parcel), the area of which exceeds 5,000 square meters: Provided, That where the change is for cultivation, the area shall exceed 10,000 square meters. |
| (2) | Where a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (hereinafter referred to as the "head of the Si/Gun/Gu") intends to hear opinions of residents pursuant to the main sentence of Article 12 (6) of the Act, he or she shall post the following matters on the bulletin board of the relevant Si/Gun/Gu for at least 14 days and make the following matters available for inspection by the general public: <Amended on Oct. 30, 2013; May 21, 2019; Oct. 1, 2019> |
| 2. | Scale of project (height of buildings, area of construction, total floor area of buildings, and area of land, the form and quality of which is changed); |
| 5. | Other matters deemed by the head of the Si/Gun/Gu to be necessary for residents to learn. |
| (3) | A person who has an opinion against the matters posted under paragraph (2) may submit his or her opinion to the head of the Si/Gun/Gu during the period of inspection under paragraph (2). |
| (4) | Where the head of the Si/Gun/Gu deems the opinion submitted pursuant to paragraph (3) appropriate, he or she shall reflect such opinion in the decision-making. |
| Article 21 (Exceptions to Ongoing Construction Works) |
| (1) | A person who intends to continue construction works or project pursuant to Article 12 (8) of the Act shall submit the details of design of the construction works or project to the head of relevant Si/Gun/Gu. <Amended on Oct. 30, 2013; May 21, 2019> |
| (2) | Where the details submitted pursuant to paragraph (1) are concerning change to the form and quality of land for the purpose of construction of buildings, an application for permission for construction shall be filed after inspection at completion of the relevant construction works is finished. |
| (3) | Where the head of a Si/Gun/Gu deems adjustments are necessary for the attainment of the purpose of designation of a development restriction zone in consideration of the progress of construction work, status of use of surrounding land and other conditions when he or she receives details of design pursuant to paragraph (1) or receives an application for permission pursuant to paragraph (2), he or she may make adjustments, such as decrease in the scale of project and change of project plan (including installation, etc. of infrastructure having direct connection with the relevant construction works or project). |
| Article 22 (Standards for Permission or Report) |
Detailed standards for permission or report under Article 12 (9) of the Act shall be as listed in attached Table 2. <Amended on May 14, 2012; Oct. 30, 2013; May 21, 2019> [Title Amended on Jul. 14, 2012]
| Article 23 (Exceptions to Existing Buildings) |
| (1) | "Other grounds specified in Presidential Decree" in Article 13 of the Act means any of the following: <Amended on Apr. 10, 2012; Feb. 18, 2020> |
| 1. | Where an urban or Gun management plan is determined or changed or administrative districts are changed; |
| 2. | Where an urban or Gun planning facility is installed, or an urban development project pursuant to the Urban Development Act is implemented; |
| 3. | Upon receipt of a certificate of completion inspection or approval for use pursuant to the Act on Special Measures for Readjustment of Specific Buildings (referring to Act Nos. 3719 and 6253); |
| 5. | Where a site is divided pursuant to the previous Act on Special Cases concerning the Partition of Co-Owned Lands (referring to the one enacted by Act No. 3811 and has been in force until December 21, 1991, to the one enacted by Act No. 4875 and has been in force until December 31, 2000, and to the one enacted by Act No. 7037 and has been in force until December 31, 2006); |
| (2) | Even if a site, building, or structure that remains in existence does not comply with the Act or the provisions of this Decree due to the enactment or amendment of statutes or regulations or for a reason under the subparagraphs of paragraph (1), the head of a Si/Gun/Gu may grant permission for any of the following construction works as prescribed in Article 13 of the Act: |
| 1. | Reconstruction, improvement, or substantial repair of buildings; |
| 2. | Extension if the part to be extended complies with the Act or the provisions of this Decree, such as land-to-building ratio, floor area ratio, etc. In such cases, extension accompanied by change to the form and quality of land shall be permitted only for facilities pursuant to attached Table 3. |
| Article 24 (Management Ledgers for Buildings in Development Restriction Zones) |
| (1) | In order to verify the ownership and status of use of buildings in a development restriction zone or to utilize as a basic data for the management of the development restriction zone, such as permission for construction, etc., the head of a Si/Gun/Gu shall record the current status of buildings and sites thereof on a management ledger for buildings in a development restriction zone, and maintain and manage the ledger. |
| (2) | The form of, and matters to be recorded in, a management ledger for buildings in a development restriction zone, procedures for recording such matters, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Except in extenuating circumstances making electronic processing impossible, recordings shall be entered in a management ledger for buildings in a development restriction zone in a way by which electronic processing is possible, and be maintained and managed. |
| Article 24-2 (Entrustment of Operation of Computer Network for Management of Development Restriction Zones) |
[This Article Newly Inserted on Feb. 18, 2020]
[Previous Article 24-2 Moved to Article 24-3 <Feb. 18, 2020>]
| Article 24-3 (Assignment of Public Officials at Development Restriction Zones) |
Pursuant to Article 13-4 (1) of the Act, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall assign state public officials, local public officials, and registered security guards affiliated with the relevant local government in accordance with the following: | 1. | The Minister of Land, Infrastructure and Transport: State public officials in charge of corrective orders, etc. under Article 30 (2) of the Act; |
| 2. | A Mayor/Do Governor: Local public officials in charge of corrective orders, etc. within development restriction zones in his or her jurisdiction under Article 30 (2) of the Act; |
| 3. | The head of a Si/Gun/Gu: Local public officials in charge of the management of development restriction zones under his or her jurisdiction and the prevention and control of unlawful activities in development restriction zones under his or her jurisdiction or registered securities guards affiliated with the relevant local government. The number of persons assigned in such cases shall be as follows: |
| (a) | The Seoul Metropolitan Area (referring to Seoul Special Metropolitan City, Gyeonggi-do, and Incheon Metropolitan City) and the Busan Metropolitan Area (referring to Busan Metropolitan City and Gyeongsangnam-do): One person per five square meters of a development restriction zone; |
| (b) | Any area other than the areas referred to in item (a): One person per 10 square meters of a development restriction zone. |
[This Article Newly Inserted on Feb. 9, 2018]
[Moved from Article 24-2 <Feb. 18, 2020>]
| Article 25 (Standards for Designation of Village Districts and Readjustment) |
| (1) | The standards for designation of village districts under Article 15 (2) of the Act (hereinafter referred to as "village district") shall be listed as follows: <Amended on Aug. 5, 2009; Apr. 10, 2012; Mar. 23, 2013> |
| 1. | That the number of houses constituting a village shall exceed 10; |
| 2. | That the number of houses (hereinafter referred to as "housing density") per 10,000 square meters of a village district shall exceed 10: Provided, That where it becomes necessary in consideration of the characteristics of the area, such as where the relevant area constitutes a water source protection zone or must accommodate demand for relocation and construction, etc., a Mayor/Do Governor shall have consultation with the Minister of Land, Infrastructure and Transport concerning the size of designated village district, establishment of a boundary of the village district, and details of the village district rearrangement plan under paragraph (4), and may set the housing density at more than five houses as prescribed by Municipal Ordinance concerning an urban or Gun plan of the relevant City or Do; |
| 3. | The boundary of a village district shall be established using the boundaries of urban or Gun management plans, boundaries of areas, districts and zones under other statutes, roads, rivers, forests, cadastral boundaries, and other natural, or artificial geographic features; where land is categorized as a building site, care shall be taken, as far as possible, so that the parcel of land is not subdivided. |
| (2) | The number of houses under paragraph (1) shall be calculated as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu may implement a project to improve the residential environment and to rearrange infrastructure in village districts (hereinafter referred to as "village district rearrangement project"). |
| (4) | When implementing a village district rearrangement project pursuant to paragraph (3), a Mayor/Do Governor or the head of a Si/Gun/Gu shall designate the relevant village district as a district-unit planning zone pursuant to Article 51 of the National Land Planning and Utilization Act and formulate a district-unit plan for the rearrangement of the relevant village district (hereinafter referred to as "village district rearrangement plan"). <Amended on Apr. 10, 2012> |
| (5) | Detailed matters necessary for the designation of a village district, implementation of a village district rearrangement project, and formulation of a village district rearrangement plan shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 26 (Exceptions to Use and Scale. of Buildings in Village Districts) |
| (1) | The standards applicable to a development restriction zone outside of a village district shall apply to the purpose of use, height, total floor area, and land-to-building ratio of buildings in a village district except for the following cases: <Amended on Aug. 5, 2009> |
| 1. | Where the purpose of use of a house, factory, etc., the construction of which is prohibited is changed to that of a neighborhood living facility (excluding a karaoke bar, massage parlor, and massage place), liquefied gas sales floor, car wash, hospital, dental clinic, or traditional herbal medicine clinic; |
| 2. | Where a house pursuant to subparagraph 5 (c) of attached Table 1 or a neighborhood living facility under subparagraph 5 (d) of the same attached Table is constructed according to the following standards: |
| (a) | Where construction is conducted within 60/100 of land-to-building ratio: Total floor area including the existing area does not exceed 300 square meters for up to than three stories and the floor area ratio does not exceed 300 percent; |
| (b) | Where construction is conducted within 40/100 of land-to-building ratio: Up to three stories and 100 percent of the floor area ratio. |
| (2) | Where a village district rearrangement project is implemented, residential facilities, amenities, etc. may be installed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 27 (Resident Support Projects) |
| (1) | Details of resident support projects under Article 16 of the Act shall be listed as follows: <Amended on Aug. 5, 2009; Sep. 16, 2011; Nov. 12, 2012; Mar. 23, 2013; Jan. 28, 2014; Nov. 24, 2014> |
| 1. | Amenity projects: Installation and maintenance of infrastructure, such as roads, parking lots, parks, waterworks, sewerage, small rivers, ditches, wastewater treatment facilities, ultra-high speed information and communications networks, etc., and other projects appurtenant thereto; |
| 2. | Welfare promotion projects: Installation and maintenance of community centers, children's playgrounds, day care centers, kindergartens, senior citizen centers, community welfare centers for the elderly, and other projects appurtenant thereto; |
| 2-2. | Projects to subsidize costs of living: Projects to subsidize expenses necessary for residents' living, such as tuition fees, scholarships, electricity bills, health insurance premiums, information and communications expenses, etc. for the low-income disadvantaged class among residents in a development restriction zone. In such cases, the project may be implemented within 50 percent of expenses incurred in resident support projects for the relevant year, and the subsidy incurred therein shall be the amount agreed upon by the Minister of Land, Infrastructure and Transport, and Minister of Economy and Finance; |
| 3. | Projects to increase income: Installation and maintenance of facilities to increase income, such as joint work places, joint warehouses, natural eco-villages, flower cultivating villages, weekend farms, etc., and other projects appurtenant thereto; |
| 3-2. | Housing improvement support projects: Projects in which part of the expenses incurred in any of the following acts is subsidized according to a management plan: |
| (b) | Construction of traditional style Korean houses for residential purposes; |
| 4. | Research and inspection projects: Projects of finding resident support projects and support plans in consideration of regional characteristics or projects of formulating district-unit plans to encourage planned development of areas, the designation of which as a development restriction zone is cancelled. |
| (2) | Where, pursuant to Article 16 (2) of the Act, the head of a Si/Gun/Gu intends to implement a resident support project that requires support from the special accounts for balanced national development under the Special Act on Balanced National Development (hereinafter referred to as "special accounts for balanced national development"), he or she shall formulate a resident support project plan, including the following matters, and submit it to the Minister of Land, Infrastructure and Transport through a Mayor/Do Governor (exceptions shall be made to a Special Self-Governing City Mayor or the Governor of a Special Self-Governing Province) by the end of March of the year immediately before the year in which he or she intends to implement such project: <Amended on May 29, 2009; Mar. 23, 2013; Oct. 30, 2013; Mar. 11, 2014; Sep. 18, 2018> |
| 1. | Purpose of the project; |
| 2. | Outline of the project; |
| 3. | Current status in general and characteristics of the areas to be supported and surrounding areas; |
| 4. | A promotion plan for each project and necessity; |
| 5. | Plans to raise finances and investment plans; |
| 6. | Other matters necessary for the project. |
| (3) | Where the Minister of Land, Infrastructure and Transport receives a resident support project plan under paragraph (2), he or she shall consult with the heads of relevant central administrative agencies on the details of the project plan, government subsidies, etc., and inform the head of the Si/Gun/Gu of the results. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may subsidize expenses to be incurred in resident support projects as follows within the range of 90/100 in consideration of the level of financial self-sufficiency: <Amended on Aug. 5, 2009; Mar. 23, 2013> |
| 1. | Where the level of financial self-sufficiency exceeds 40 percent: Within 70/100; |
| 2. | Where the level of financial self-sufficiency is more than 30 and up to 40 percent: Within 80/100; |
| 3. | Where the level of financial self-sufficiency does not exceed 30 percent: Within 90/100. |
| (5) | Matters necessary for the formulation and implementation of plans for resident support projects in addition to the matters prescribed in paragraphs (1) through (4) shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 27-2 (Scope of Applicants Eligible for Support for Living Expenses and Standards Therefor) |
| (1) | "Person prescribed by Presidential Decree" in Article 16-2 (1) of the Act means one of the following persons, who is the head of a household, the average monthly income of which (referring to an amount calculated by adding the income to the equivalent of property into income as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; hereinafter the same shall apply) does not exceed that of an urban household on the basis of statistic data of the previous year announced by the Commissioner of Statistics Korea under Article 27 of the Statistics Act: Provided, That it shall exclude a person who has been punished by a penalty for violation of the Act or this Decree for at least three times during the recent three years as at the time of application, and a person who fails to comply with a corrective order after having been ordered to rectify any violation: <Amended on Jul, 11, 2017> |
| 1. | A resident, as at the time of designation; |
| 2. | A child or spouse of a resident, as at the time of designation, who has been residing with the resident continuously after his or her birth or marriage (only referring to the cases where the head of a household, who is a resident, as at the time of designation, died): Provided, That where a child or spouse falls under any of the following, he or she shall be deemed to have been residing in the development restriction zone continuously: |
| (a) | Where he or she has been residing outside of the development restriction zone for at least three years for an occupation; |
| (b) | Where he or she has been residing outside of the development restriction zone for learning. |
| (2) | The scope of income included in the amount of income referred to in paragraph (1) shall be listed as follows: <Amended on Apr. 17, 2012; Dec. 21, 2012; Mar. 23, 2013; Jun. 21, 2016; Sep. 18, 2018> |
| 1. | Wage and salary income: Income earned as a result of providing labor: Provided, That wage and salary income not taxed pursuant to the Income Tax Act shall be excluded, but the following wages shall be included in the wage and salary income: |
| 2. | Business income: The following incomes: |
| (a) | Agricultural income: Income earned from cultivation, fruit-growing business, horticulture, sericulture, seed growing business, special crop growing business, livestock growing business, seed stock breeding business, and hatchery business, and from businesses incidental thereto; |
| (b) | Forestry income: Income earned from forestry management business, wood production business, and wild bird breeding business, and from businesses incidental thereto; |
| (c) | Fishery revenue: Revenue obtained from fishery business and income earned from business incidental thereto; |
| (d) | Other business income: Income earned from wholesale business, retail business, manufacturing business, or other businesses; |
| 3. | Property income: The following incomes: |
| (a) | Lease income: Income generated from the lease of real estate, movables, and rights, and from businesses appurtenant thereto; |
| (b) | Interest income: Income, the amount of which is not less than that determined by the Minister of Land, Infrastructure and Transport among the income generated from interest on deposits, dividend on stocks and discount of bonds; |
| 4. | Public transfer income: All kinds of allowances, pensions, wages, and other money and valuables paid periodically pursuant to statutes, such as the National Pension Act, the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Military Pension Act, the Special Post Offices Act, the Pension for Private School Teachers and Staff Act, the Employment Insurance Act, the Industrial Accident Compensation Insurance Act, the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and on Establishment of Related Organizations, the Compulsory Motor Vehicle Liability Security Act, the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations: Provided, That the following money and valuables shall be excluded: |
| (c) | Subsidies referred to in Article 30 (2) of the Compulsory Motor Vehicle Liability Security Act and Articles 21 and 22 of the Enforcement Decree of the same Act. |
| (3) | The scope of assets included in the amount of income referred to in paragraph (1) shall be listed as follows: <Amended on Mar. 23, 2013> |
| 1. | General assets: Assets falling under the following: |
| (c) | Deposits for lease (including bonds for lease on a deposit basis) of houses, commercial buildings, etc.; |
| (d) | Movables (excluding the movables determined by the Minister of Land, Infrastructure and Transport, such as rehabilitation support apparatuses for persons with disabilities, etc.), such as livestock, seedlings, etc., worth more than one million won and standing trees referred to in subparagraph 11 of Article 6 of the Local Tax Act; |
| (h) | A right to acquire a building and appurtenant land when the building is completed (excluding association members' occupation rights referred to in item (g)); |
| 2. | Financial assets: Assets falling under the following: |
| 3. | Automobiles referred to in Article 124 of the Local Tax Act: Provided, That the automobiles determined by the Minister of Land, Infrastructure and Transport among automobiles, etc., used by persons with disabilities as prescribed by Article 39 of the Act on Welfare of Persons with Disabilities, shall be excluded, but truck, etc., and other automobiles determined by the Minister of Land, Infrastructure and Transport, shall be deemed general assets referred to in subparagraph 1. |
| (4) | An amount of assets referred to in paragraph (3) shall be the amount calculated according to the following classifications on the basis of the inspection date pursuant to Article 16-4 of the Act (hereinafter referred to as "inspection date"): Provided, That where it is impracticable to calculate the amount of assets, it shall be an amount calculated as determined by the Minister of Land, Infrastructure and Transport in consideration of the kind of relevant asset, status of transactions, etc.: <Amended on Mar. 23, 2013; Nov. 24, 2014; Feb. 9, 2018> |
| 1. | Paragraph (3) 1 (a): An amount determined by the Minister of Land, Infrastructure and Transport in consideration of the statutory standard price, etc., referred to in Article 4 of the Local Tax Act; |
| 2. | Paragraph (3) 1 (b): An amount determined by the Minister of Land, Infrastructure and Transport in consideration of the statutory standard price, etc., referred to in Article 4 of the Local Tax Act; |
| 3. | Paragraph (3) 1 (c): Deposits for lease and bonds for lease on a deposit basis in a lease contract; |
| 7. | Paragraph (3) 1 (g): An amount classified as follows: |
| (b) | Where the relevant person has received liquidation money: The remainder after deducting the liquidation money received, from the assessed value of the previous building; |
| 8. | Paragraph (3) 1 (h): An amount paid until the date of inspection; |
| 9. | Paragraph (3) 2: The price of each financial asset according to the data or information referred to in Article 27-3 (1) and (3); |
| 10. | Paragraph (3) 3: An amount determined by the Minister of Land, Infrastructure and Transport, in consideration of the kinds of automobiles, seating capacity, maximum load capacity, manufacturing cost by year of manufacture (referring to the import price in cases of imported automobiles), transaction price, etc. |
[This Article Newly Inserted on Sep. 16, 2011]
| Article 27-3 (Scope of Financial Information, etc.) |
| (1) | "Average deposit balance and other data or information prescribed by Presidential Decree" in Article 16-2 (2) 1 of the Act means the following data or information: <Amended on Nov. 24, 2014> |
| 1. | Demand deposits, such as ordinary deposits, savings deposits, free savings deposits, etc.: Average balance within the recent three months; |
| 2. | Term and savings deposits, such as term deposits, periodical installment savings deposits, periodical savings, etc.: Balance of deposit or total paid amount; |
| 4. | Bonds, bills, checks, debentures, and subscription warrants: Face value; |
| 5. | Annuity savings: Amount paid periodically. |
| (2) | "Amount of debt and other data or information prescribed by Presidential Decree" in Article 16-2 (2) 2 of the Act means the following data or information: |
| 1. | Status of loans and details of arrears; |
| 2. | Amount of unpaid credit card debt. |
| (3) | "Insurance premium and other data or information prescribed by Presidential Decree" in Article 16-2 (2) 3 of the Act means the following data or information: |
| 1. | Insurance policy: Refund payable in cases of cancellation; |
| 2. | Pension insurance: Periodic payout amount. |
[This Article Newly Inserted on Sep. 16, 2011]
| Article 27-4 (Request for and Provision of Financial Information) |
| (1) | Where the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu makes a request, under Article 16-3 of the Act, to the head of a financial company, etc. (referring to a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) for financial information, credit information, and insurance information under Article 16-2 (2) 1 through 3 of the Act (hereinafter referred to as "financial information, etc.") of a person who applies for subsidization pursuant to Article 16-2 of the Act (hereinafter referred to as "applicant for subsidization") and his or her household members, the following matters shall be included in the request: <Amended on Mar. 23, 2013; Aug. 4, 2020> |
| 1. | Names and resident registration numbers of an applicant for subsidization and his or her household members; |
| 2. | Scope of financial information, etc. requested, base date for inquiry and period of inquiry. |
| (2) | Where the head of a financial company, etc. in receipt of a request under paragraph (1) provides relevant financial information, etc. to the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu, the following matters shall be included therein: <Amended on Mar. 23, 2013> |
| 1. | Names and resident registration numbers of an applicant for subsidization and his or her household members; |
| 2. | Names of financial company, etc. that provide financial information, etc.; |
| 3. | Names of financial products to be provided as financial information and account numbers; |
| 4. | Details of financial information, etc. |
| (3) | The Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may request the head of a financial company, etc. to provide financial information, etc. under paragraph (1) using the information and communications network of an association, federation, or central committee that the financial company, etc. joined. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Sep. 16, 2011]
| Article 27-5 (Joint Use of Administrative Information) |
Where it becomes necessary for subsidizing living expenses under Article 16 (1) 1 of the Act, the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu (including an institution entrusted with the duties of subsidizing living expenses pursuant to Article 41 (1)) may use administrative information jointly with other administrative agencies, etc. pursuant to Article 36 (1) of the Electronic Government Act. <Amended on Mar. 23, 2013> [This Article Newly Inserted on Sep. 16, 2011]
| Article 27-6 (Entry and Inspection) |
| (1) | An inquiry, entry, and inspection under Article 16-4 (1) of the Act shall be made within the minimum necessary for verification as to whether an applicant is eligible for subsidies, such as verifying the validity of the documents submitted by the applicant, etc. pursuant to Article 16-2 (1) and (2) of the Act. |
| (2) | Where an inspection under paragraph (1) is made, a person to be inspected shall be notified of the time and date of inspection, reasons for inspection, details of inspection, etc. by seven days before the date of inspection: Provided, That in cases of emergency or where the purpose of inspection is feared not to be attained due to destruction of evidence, etc., if advance notification is made, this shall not apply. |
[This Article Newly Inserted on Sep. 16, 2011]
| Article 27-7 (Handling of Personally Identifiable Information) |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 28 (Standards for Determining Whether to Purchase Land) |
The standards for determining whether to purchase land under Article 17 (3) of the Act (hereinafter referred to as "land to be purchased") shall be listed as follows. In such cases, the reason for diminution in the usefulness of land, impossibility of use of land, impossibility of making-profit from land, etc., shall not be attributable to the person concerned: <Amended on Aug. 31, 2016> | 1. | Land, the usefulness of which is substantially diminished because it could not be used for the original purpose of use: That the officially announced price of relevant land (referring to the officially assessed price of individual land pursuant to Article 10 of the Act on the Public Announcement of Real Estate Values; hereinafter the same shall apply) as at the date of purchase request is less than 50 percent of the average of officially assessed price of individual land of the same land category in a development restriction zone designated in an Eup/Myeon/Dong in which the relevant land exists because, at the time purchase is requested, the land to be purchased could not be used as its land category (where a person making a purchase request proves with an official data that the land has been legally used differently from the land category on the official cadastral record before designation of the development restriction zone, the actual use before designation of the development restriction zone shall be deemed the land category of the land) determined before designation of the development restriction zone; |
| 2. | Land, the use of which is or profit-making from which is actually impossible: That use of the relevant land or profit-making therefrom is impossible due to restrictions on acts under Articles 12 and 13 of the Act. |
| Article 29 (Deadline for Purchase) |
"Period set by Presidential Decree" in Article 18 (2) of the Act means a period within three years from the date a person requesting purchase of land is notified that the land is to be purchased.
| Article 30 (Time and Method of Calculating Purchase Price) |
| (1) | An amount calculated in consideration of the following variables during the period from the base date of public notice until the date on which purchase price is to be paid to a person requesting purchase on the basis of officially announced price of reference land (referring to the officially announced price of reference land under Article 3 of the Act on the Public Announcement of Real Estate Values) at the time of requesting purchase shall be the purchase price under the former part of Article 18 (3) of the Act: <Amended on Mar. 23, 2013; Aug. 31, 2016> |
| 1. | Location, features, environment, and status of use of the relevant land; |
| (2) | The arithmetic average of the amounts appraised by more than two appraisers (hereinafter referred to as "appraiser") pursuant to subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers on the basis of officially announced price of reference land shall be the purchase price under paragraph (1). <Amended on Aug. 31, 2016> |
| Article 31 (Purchase Procedures) |
| (1) | A person who intends to request purchase of land shall submit documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a purchase request for land, in which the following matters are stated, etc., to the Minister of Land, Infrastructure and Transport, as prescribed in Article 18 (5) of the Act: <Amended on Mar. 23, 2013> |
| 1. | Name (in cases of a juristic person, its name and the name of its representative) and address of the land owner; |
| 2. | Number of parcels, land category and status of use of the land to be purchased; |
| 3. | Where a right other than ownership is established against the land, the kind and details of the right, and name and address of the holder of the right (in cased of a juristic person, its name and the name of its representative); |
| 4. | Reasons for requesting purchase. |
| (2) | Where the Minister of Land, Infrastructure and Transport is requested to purchase land pursuant to paragraph (1), he or she shall determine whether the land corresponds to the standards under Article 28 and inform the person who requests purchase whether the land is to be purchased and an estimated purchase price. <Amended on Mar. 23, 2013> |
| (3) | The officially assessed price of individual land at the time of requesting purchase shall be the estimated purchase price under paragraph (2). |
| (4) | When the Minister of Land, Infrastructure and Transport notifies an estimated purchase price pursuant to paragraph (2), he or she shall request an appraiser to appraise the relevant land, determine the purchase price, and inform the person who requests purchase of the purchase price. In such cases, the Minister of Land, Infrastructure and Transport shall inform the person who requests purchase of the fact that a request for appraisal is made by one month before making such request. |
| Article 32 (Notice to Pay Appraisal Costs) |
| (1) | Where a person requesting purchase of land notifies withdrawal of a purchase request after making a request for appraisal under Article 31 (4) without any reason falling under Article 19 (2) of the Act, the Minister of Land, Infrastructure and Transport shall make the person requesting purchase of land bear the whole costs to appraise the land. <Amended on Mar. 23, 2013> |
| (2) | Within five days from the date notification of withdrawal of a purchase request under paragraph (1) is received, the Minister of Land, Infrastructure and Transport shall issue a notice to pay appraisal costs, including the following matters, to the person requesting purchase of land: <Amended on Mar. 23, 2013; Dec. 30, 2016> |
| 1. | Name (in cases of a juristic person, its name and the name of its representative) and address of land owner; |
| 2. | Number of parcels and size of land to be purchased; |
| 3. | Notified payment amount; |
| 5. | Statement of calculation of appraisal costs. |
| (3) | A person requesting purchase of land in receipt of a notice to pay appraisal costs pursuant to paragraph (2) shall pay the notified appraisal costs to the Minister of Land, Infrastructure and Transport within one month from the date he or she receives the notice. <Amended on Mar. 23, 2013> |
| Article 33 (Justifiable Reasons for Withdrawal) |
| (2) | "Grounds prescribed by Presidential Decree, such as an amendment to or repeal of statutes or regulations or the extinction of pollution source" in Article 19 (2) 2 of the Act means the amendment to and repeal of statutes or regulations, extinction of source of pollution, construction of agricultural irrigation canals or passageways, and others similar thereto, which are acknowledged by the head of a Si/Gun/Gu. |
| Article 34 Deleted. <Aug. 5, 2009> |
| Article 35 Deleted. <Aug. 5, 2009> |
| Article 36 (Standards for Calculating Charges) |
| (1) | Detailed standards for calculating charges for the preservation of development restriction zones (hereinafter referred to as "charges") pursuant to Article 24 (1) and (2) of the Act shall be listed as follows: <Amended on Aug. 5, 2009; May 14, 2012; Mar. 23, 2013; Jan. 28, 2014; Jun. 30, 2016; Aug. 31, 2016> |
| 1. | That the area of the following land shall not be included in the area of land for which permission for change to form and quality is obtained under Article 24 (2) of the Act: |
| (a) | Site inside a tunnel, excluding the entry and exit of the tunnel, in cases of excavating a tunnel; |
| (b) | Land, the form and quality of which is further changed, on the site granted with permission to change the form and quality of land (including cases of changing, for other than any permitted business, the form and quality of the land with respect to which a charge has already been imposed and paid, or the form and quality of which was changed before July 1, 2000 with the permission); |
| (c) | Land, in which a site for a temporary building or temporary structure for construction under subparagraph 3 (n) of attached Table 1 located, which is in a project construction site; |
| 3. | Where, in calculating charges, calculating the average of officially assessed prices of individual land being the standard for comparison is impossible as no land of the same category exists except for land in a development restriction zone in the relevant Si/Gun/Gu, the average of officially assessed prices of individual land of the same category in areas other than the development restriction zone in the relevant City/Do, shall substitute for the average of officially assessed prices of individual land with the same category in the relevant Si/Gun/Gu; |
| 4. | If the head of a Si/Gun/Gu having jurisdiction over a development restriction zone has annually determined and officially announced the officially assessed price of individual land pursuant to Article 10 of the Act on the Public Announcement of Real Estate Values, to publicly notify the average of officially assessed prices of individual land by land category that is within the jurisdiction except for the land outside of the development restriction zone within 60 days from the date of official announcement; |
| 5. | To comply with the standard prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in calculating charges, besides matters prescribed in subparagraphs 1 through 4. |
| (2) | "Those that are not used for the purpose of a development project but are maintained, which are prescribed by Presidential Decree" in the latter part of Article 24 (1) of the Act means the following: <Newly Inserted on Jan. 28, 2014> |
| 1. | Sea, rivers, ditches, and banks; |
| 2. | Roads (limited to national expressways, national highways, Special Metropolitan City roads, Metropolitan City roads, and local highways under the Road Act); |
| Article 36-2 (Extension of Deadline to Pay Charges) |
| (1) | Where an obligor intends to apply for extension of deadline for payment or for permission to pay by instalment pursuant to the proviso to Article 25 (2) of the Act, he or she shall submit an application for extension of the deadline for payment or an application for instalment payment, in which reasons therefor, etc., are stated, to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall inform the applicant in writing as to whether the deadline for payment is extended or instalment payment is permitted within 30 days from the date he or she receives an application for extension of the deadline for payment or an application for instalment payment under paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | "Amount equivalent to the interest at the interest rate prescribed by Presidential Decree" in Article 25 (3) of the Act means the amount calculated at a rate of 34/1,000. <Amended on Oct. 30, 2013> |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 37 (Imposition and Collection of Charges) |
| (1) | The Minister of Land, Infrastructure and Transport, in receipt of notification under Article 22 of the Act from the head of a Si/Gun/Gu, shall inform persons who are to pay charges (hereinafter referred to as "payment obligor") that they are obligated to pay such charges. <Amended on Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport informs a payment obligor to pay charges pursuant to paragraph (1), he or she shall specify the amount to be paid, grounds for calculation, deadline for payment, and place to make payment. <Amended on Mar. 23, 2013> |
| (3) | Where, after notifying the payment of a charge pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport finds omissions or defects in the notification, he or she shall, without delay, re-notify the payment of the charge. <Amended on Mar. 23, 2013> |
| Article 37-2 (Designation, etc. of Agencies for Vicarious Payment) |
| (1) | "Agency for vicarious payment determined by Presidential Decree" in the main sentence of Article 25 (4) of the Act means each of the following: |
| 1. | The Korea Financial Telecommunications and Clearings Institute established after obtaining a permission of the Financial Services Commission under Article 32 of the Civil Act; |
| 2. | An agency designated and announced by the Minister of Land, Infrastructure and Transport as an agency for vicarious payment determined by Presidential Decree after considering facilities, ability to conduct duties, size of capital, etc., among agencies conducting payment by credit card, direct payment card, etc. (hereafter referred to as “credit card, etc.” in this Article) using the information and communications network. |
| (2) | Where an agency for vicarious payment under paragraph (1) 2 falls under any of the following, the Minister of Land, Infrastructure and Transport may cancel the designation of an agency for vicarious payment. In such cases, the Minister of Land, Infrastructure and Transport shall notify the cancellation of the designation thereof on the Official Gazette: |
| 1. | Where it is deemed difficult to conduct duties of paying charges normally due to downsizing of facilities, decrease of the size of capital, etc. under paragraph (1) 2; |
| 2. | Where it is deemed that there is a problem in ability to conduct duties such as failing to conduct duties of paying charges by credit card, etc. normally. |
| (3) | An agency for vicarious payment may receive fees for payment from an obligor within the scope not exceeding 10/1,000 of the amount to be paid for the payment service by credit card, etc. |
| (4) | An agency for vicarious payment shall obtain an approval of the Minister of Land, Infrastructure and Transport for the fees for payment under paragraph (3). In such cases, the Minister of Land, Infrastructure and Transport shall approve the fees for payment by considering operation expenses, etc. of an agency for vicarious payment comprehensively. |
| (5) | In addition to the matters provided for in paragraphs (1) through (4), matters necessary for the payment of charges by credit card, etc. may be prescribed by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 22, 2016]
| Article 38 (Payment of Charges in Kind) |
| (1) | A person who intends to apply for payment in kind under the proviso to Article 25 (4) of the Act shall submit an application for payment in kind (including submission with a document in electronic form) to the Minister of Land, Infrastructure and Transport within 15 days from the date he or she receives notice to pay a charge. <Amended on Mar. 23, 2013; Oct. 30, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall, in writing (including a document in electronic form if the applicant desires or an application for payment in kind is submitted in a document in electronic form), inform the applicant of whether payment in kind is permitted within 10 days from the date he or she receives an application for payment in kind under paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | The price of land, to which payment in kind can be applied, shall not exceed the amount of charge imposed and a payment obligor shall pay in cash the difference between the amount imposed and the price of land paid in kind. |
| (4) | The officially assessed price of individual land at the time of application for payment in kind shall be the price of land to be allocated for payment in kind. |
| Article 39 (Refund of Charges) |
| (1) | Where a charge has been overpaid or erroneously paid by a payment obligor or where an amount to be refunded pursuant to Article 25 (9) of the Act exists, the Minister of Land, Infrastructure and Transport shall, without delay, determine the amount overpaid or erroneously paid or the amount to be refunded as a charge to be refunded and inform the payer thereof. <Amended on Mar. 23, 2013; Oct. 30, 2013; Sep. 22, 2016> |
| (2) | When the Minister of Land, Infrastructure and Transport informs a charge to be refunded to a payment obligor pursuant to paragraph (1), he or she shall determine an amount calculated at the interest rate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the period from the day following the date falling under any of the following until the date refund is determined as a surcharge to be refunded and inform the payer thereof, together with a charge to be refunded: <Amended on Mar. 23, 2013> |
| 1. | Where an overpayment or erroneous payment is made, a duplicate payment is made or imposition is revoked or corrected after a payment is made: Date on which a mistaken payment, etc. are made; |
| 2. | Where permission that incurs a charge is revoked for a reason for which a payer is responsible: Date on which permission is revoked; |
| 3. | Where a payer changes a project plan or a similar reason exists: Date on which permission for the change of a project plan is determined or on which a similar disposition is determined. |
| (3) | Charges to be refunded under paragraph (1) and surcharges to be refunded under paragraph (2) shall be paid from the special accounts for balanced national development: Provided, That where a project implementer is responsible for reinstatement due to the revocation of permission, decrease in the area of project, etc., the Minister of Land, Infrastructure and Transport may postpone the payment of an amount equal to the expenses incurred in reinstatement until such reinstatement is completed. <Amended on May 29, 2009; Mar. 23, 2013; Mar. 11, 2014; Sep. 18, 2018> |
| Article 39-2 (Uses of Charges) |
The uses of charges and rate of allocation for each use pursuant to Article 26 (2) of the Act shall be listed as follows: Provided, That charges may be used after adjusting part of the rate of allocation in consideration of the amount of budget, result of implementation of budget, allocation of fund, etc.: <Amended on Oct. 30, 2013> | 2. | Purchase of land, etc. pursuant to Article 26 (2) 2 of the Act and recovery of damaged land, projects for converting land into parks, creation of artificial forests, creation of leisure and sports spaces, etc. pursuant to subparagraph 3 of the same paragraph: 45/100; |
| 3. | Inspection and research for the designation and cancellation of development restriction zones pursuant to Article 26 (2) 4 of the Act, prevention and control of illegal acts within development restriction zones pursuant to subparagraph 5 of the same paragraph, and inspection of status pursuant to subparagraph 6 of the same paragraph: 10/100 of allocated amount. |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 40 (Delegation of Authority) |
| (1) | Where any area to be released form a development restriction zone is an area referred to in Article 2 (3) 1 or 3, the space of which does not exceed 300,000 square meters or falls under a village under Article 2 (3) 2, the land under subparagraph 5 of the same paragraph, or a site through which a development restriction zone boundary traverses under subparagraph 6 thereof, or the small-scale land under subparagraph 7 thereof, the Minister of Land, Infrastructure and Transport shall delegate the following authority to Mayors/Do Governors as prescribed in Article 29 (1) of the Act: Provided, That this shall not apply where in accordance with the proviso to Article 4 (1) of the Act, the Minister of Land, Infrastructure and Transport directly formulates, with respect to a National Plan, an urban or Gun management plan for the release of a development restriction zone: <Amended on Aug. 5, 2009; Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013; Mar. 29, 2016> |
| 2. | Public notification of topographical drawings for an urban or Gun management plan referred to in Article 9 of the Act. |
| (2) | A Mayor/Do Governor shall, in cases of performing any affair delegated in accordance with paragraph (1) 1, submit the result of such performance to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Mar. 29, 2016> |
| (4) | The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of a Si/Gun/Gu in accordance with Article 29 (1) of the Act: Provided, That no authority on charges under Article 21 (1) 1 of the Act (limited to where the Minister of Land, Infrastructure and Transport directly formulates an urban or Gun management plan and cancels the designation of a development restriction zone with regard to a National Plan in accordance with the proviso to Article 4 (1) of the Act) shall be delegated: <Amended on Aug. 5, 2009; Apr. 10, 2012; Mar. 23, 2013; Oct. 30, 2013; Mar. 29, 2016; Sep. 22, 2016> |
| (5) | The head of a Si/Gun/Gu shall deposit the charges collected under paragraph (4) to the Bank of Korea (including Treasury's collection agencies; hereinafter the same shall apply) or a postal agency without delay. <Amended on Mar. 29, 2016; Sep. 22, 2016> |
| (6) | In receipt of payments in kind under Article 38, the head of a Si/Gun/Gu shall promptly make a registration of transfer on the relevant land so as to make it State-owned property in the special accounts for balanced national development and take other necessary measures. <Amended on May 29, 2009; Mar. 11, 2014; Mar. 29, 2016; Sep. 18, 2018> |
| (7) | The head of a Si/Gun/Gu shall submit the result of monthly imposition and collection of charges collected under paragraph (4) and the result of deposition and payment in kind to the Minister of Land, Infrastructure and Transport by the 10th of the following month. <Amended on Mar. 23, 2013; Mar. 29, 2016; Sep. 22, 2016> |
| (8) | In the case of payment of entrustment fees under Article 29 (2) of the Act, the Minister of Land, Infrastructure and Transport shall pay part of the payment (referring to both the amount deposited to the Bank of Korea and a relevant postal agency by the head of a Si/Gun/Gu pursuant to paragraph (5) and the value of land received in kind) based on the result of imposition and collection of charges and the result of deposition and payment in kind submitted under paragraph (7) to the head of the Si/Gun/Gu in accordance with the following classifications: <Amended on Aug. 5, 2009; Mar. 23, 2013; Mar. 29, 2016; Sep. 22, 2016> |
| 1. | Charges prescribed in Article 21 (1) 1 of the Act: To pay 1/100 of the collected amount by the end of the first quarter of the following fiscal year; |
| 2. | Charges prescribed in Article 21 (1) 2 of the Act: To pay 3/100 of the collected amount by the fifteenth of the month following the end of each quarter. |
| (9) | “Affairs prescribed by Presidential Decree” in the former part of Article 29 (3) of the Act means affairs concerning the determination on an urban or Gun management plan for the release from a development restriction zone under Article 2 (3) 1, 3, or 5: Provided, That in cases falling under Article 2 (3) 5, this shall apply only where the released space exceeds 10,000 square meters. <Newly Inserted on Mar. 29, 2016; Feb. 18, 2020> |
| Article 41 (Entrustment of Duty) |
| (1) | Pursuant to Article 29 (3) of the Act, the Minister of Land, Infrastructure and Transport and the head of a Si/Gun/Gu shall entrust the Minister of Health and Welfare with the following duties: <Newly Inserted on Sep. 16, 2011; Mar. 23, 2013; Mar. 29, 2016; Feb. 18, 2020> |
| 2. | Duties concerning requests to provide data, etc., on family relationships, income, and property prescribed in Article 16-4 (2) of the Act. |
| (2) | Pursuant to Article 29 (5) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act with the following duties: <Amended on Sep. 21, 2009; Sep. 16, 2011; Mar. 23, 2013; Mar. 29, 2016; Feb. 18, 2020> |
| 2. | Notification as to whether relevant land is to be purchased, of an estimated purchase price, etc., prescribed in Article 18 (1) of the Act; |
| (3) | Where the president of the Korea Land and Housing Corporation prescribed in the Korea Land and Housing Corporation Act implements duties entrusted under paragraph (2), he or she shall report the result to the Minister of Land, Infrastructure and Transport by the 10th of the month following the end of each quarter. <Amended on Sep. 21, 2009; Sep. 16, 2011; Mar. 23, 2013> |
| (4) | Where, pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport entrusts the Korea Land and Housing Corporation prescribed in the Korea Land and Housing Corporation Act with duties, he or she shall pay 5/1,000 of the purchase price and expenses paid to purchase land, such as appraisal costs, registration fees, etc., as an entrustment fee. <Amended on Sep. 21, 2009; Sep. 16, 2011; Mar. 23, 2013> |
[Title Amended on Feb. 18, 2020]
| Article 41-2 (Calculation and Imposition of Charges for Compelling Compliance) |
| (1) | The standards for calculation of charges for compelling compliance pursuant to Article 30-2 (1) of the Act shall be as listed in attached Table 5. |
| (2) | The competent authorities may defer the collection of a charge for compelling compliance from a person who is to move to an area, the designation of which as development restriction zone is scheduled to be cancelled under Article 4 (4) of the Act, or who implements an improvement project under Article 4-2 (1) of the Act, among those on and from whom a charge for compelling compliance under paragraph (1) shall be imposed and collected, or may elect not to increase the charge for compelling compliance specified in attached Table 5, until the time it becomes possible to move to the area or the time such project is completed, taking into consideration the time to move to such area, the time to complete such project, etc. <Amended on Feb. 9, 2018> |
| (3) | Notwithstanding paragraphs (1) and (2), where the owner of an animal and plant facility prescribed in subparagraph 5 (a) of attached Table 1 commits a violation under Article 30 of the Act, imposition of a charge for compelling compliance may be postponed by up to two years if all of following requirements are met. In such cases, the time from which the period during which a charge for compelling compliance is postponed begins shall be the date (where installment payment is acknowledged pursuant to the latter part of subparagraph 1, the date on which the first installment payment is made) on which the whole expenses for vicarious administrative execution is paid after he or she pledges to voluntarily remove the relevant facility: |
| 1. | To pay, in advance, expenses incurred in administrative implementation pursuant to the Administrative Vicarious Execution Act (hereinafter referred to as "expenses for vicarious implementation") to the head of a Si/Gun/Gu after pledging to voluntarily remove the facility within years. In such cased, the head of a Si/Gun/Gu may approve of payment by less than three installments a year; |
| 2. | That he or she has been residing in the development restriction zone of the relevant Si/Gun/Gu during the recent one year or more; |
| 3. | That he or she is engaged in agriculture in the development restriction zone of the relevant Si/Gun/Gu and does not possess farmland (referring to paddies, fields and orchards) of more than 10,000 square meters. |
| (4) | If a person for whom imposition of a charge for compelling compliance is postponed under paragraph (3) voluntarily removes a facility within the period pledged under subparagraph 1 of the same paragraph, expenses already paid for vicarious implementation shall be refunded to him or her. |
| (5) | Notwithstanding paragraphs (1) through (3), where all of the following requirements are met when a person who possesses or occupies a livestock shed pursuant to subparagraph 5 (a) 1) of attached Table 1 violates Article 30 of the Act (limited to a violation related to the alteration of purpose of use of a building), the head of a Si/Gun/Gu may postpone the imposition of a charge for compelling compliance until December 31, 2014: <Newly Inserted on Jan. 28, 2014> |
| 1. | Where it is a lawfully constructed livestock shed, and using it according to its original purpose of use is deemed considerably impracticable as circumstances change, such as that the cattle breeding industry loses competitiveness, etc.; |
| 2. | Using the livestock shed for its original purpose of use causes or is highly likely to cause inconvenience to residents' living. |
| (6) | Matters necessary for the imposition of charges for compelling compliance, procedures for collection, etc. in addition to those pursuant to paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 28, 2014> |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 41-3 (Exceptions to Standards for Imposition of Charges for Compelling Compliance) |
| (1) | Notwithstanding Article 41-2 (1) and attached Table 5, the head of a Si/Gun/Gu may reduce 50/100 of the amount of a charge for compelling compliance prescribed in attached Table 5 until December 31, 2014 for a person (excluding those granted postponement of imposition of charges for compelling compliance pursuant to Article 41-2 (2), (3) or (5)) who violates Article 30 (1) of the Act (limited to a violation relating to the construction of buildings, alteration of purpose of use of buildings, and installation of structures) before December 31, 2013 and meets all of the following requirements: |
| 1. | That he or she shall apply for the reduction of a charge for compelling compliance, to the head of a Si/Gun/Gu by June 30, 2014; |
| 2. | That he or she shall pay in advance expenses for vicarious implementation after pledging to voluntarily remove the relevant building or structure by December 31, 2014. In such cases, the head of a Si/Gun/Gu may approve of payment by less than three installments a year. |
| (2) | Where a person whose charge for compelling compliance is reduced under paragraph (1) voluntarily removes a building or structure within the period that he or she pledged under subparagraph 2 of the same paragraph, the head of a Si/Gun/Gu shall refund the expenses already paid for vicarious implementation. |
| (3) | The head of a Si/Gun/Gu shall submit the actual status of voluntary removal and the result of vicarious implementation pursuant to paragraph (2) to the Minister of Land, Infrastructure and Transport by February 28, 2015. |
[This Article Wholly Amended on Jan. 28, 2014]
| Article 41-4 (Exceptions to Postponement of Collection of Charges for Compelling Compliance) |
"Facilities prescribed by Presidential Decree" in Article 30-3 (1) 1 (b) of the Act means silkworm raising rooms, warehouses, fish farms, breeding farms, compost depots, compost fermentation sites, seed and seedling nurseries among animal and plant facilities under subparagraph 5 (a) of attached Table 1. [This Article Newly Inserted on Mar. 30, 2015]
[Previous Article 41-9 Moved to Article 41-11 <Mar. 30, 2015>]
| Article 41-5 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of the every third year) and shall take necessary measures, such as making improvements: <Amended on Feb. 18, 2020>
| 1. | Kinds, etc. of building or structures meeting requirements for permission under Article 13; |
| 2. | Deleted; <Feb. 18, 2020> |
| 3. | Standards for designation of village districts pursuant to Article 25; |
| 4. | Standards for calculation of charges under Article 36. |
[This Article Wholly Amended on Dec. 30, 2016]
| Article 42 (Administrative Fines) |
| (2) | The standards for imposition of administrative fines prescribed in Article 34 (1) and (2) of the Act shall be as listed in attached Table 6. <Newly Inserted on May 14, 2012> |
ADDENDUM <Presidential Decree No. 21139, Nov. 28, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Collection of Earth and Stones)
Article 3 (Transitional Measures concerning Moving to Village Districts and Construction Therein)
With regard to any of the following buildings among buildings that are moved to a village district to be built therein under Article 12 (1) 2 of the Act, the head of a Si/Gun/Gu may permit the construction of buildings in a village meeting the requirements for designation of a settlement district, or land adjacent to the village or an area, the designation of which as development restriction zone is cancelled as it falls under Article 2 (3) 2 until the village district is designated: <Amended by Presidential Decree No. 21670, Aug. 5, 2009> | 1. | Buildings to be demolished following the implementation of a public-service project; |
| 2. | Buildings, moving and construction of which is inevitable due to a disaster; |
| 3. | Houses standing on land possessed by other persons before the designation of a development restriction zone, which cannot be extended or improved without approval from the landowner. |
Article 4 (Transitional Measures concerning Change to Form and Quality of Divided Land)
Article 5 (Transitional Measures concerning Rate of Imposition of Charges for Damaging Development Restriction Zones)
Article 6 (Relationship to Other Statutes or Regulations)
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. 21528, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21670, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009: Provided, That the amended provisions of subparagraph 5 (b) 1) b) of attached Table 1 and 5) a) ④ of the same item shall enter into force on October 2, 2009, the amended provisions of Article 2 (3) 6 and subparagraph 3 (c) of attached Table 1 on December 10, 2009 and the amended provisions of Article 41-2 on February 7, 2010. Article 2 (Transitional Measures concerning Enforcement Date)
| (2) | Until the amended provisions of Article 2 (3) 6 enter into force pursuant to the proviso to Article 1 of the Addenda, the main sentence of the same subparagraph shall be deemed to prescribe as follows: |
Article 3 (Transitional Measures concerning Restrictions on Acts)
| (1) | Where permission is obtained (including where an application for permission is filed) under the previous provisions as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of attached Table 1. |
| (2) | With regard to a facility that fails to comply with the amended provisons of this Decree even though approval for a development restriction zone management plan is obtained under the previous provisions before this Decree enters into force, permission may be granted pursuant to the previous provisions limited to where an agreement is reached with the Minister of Land, Infrastructure and Transport within one year from the date this Decree enters into force. |
Article 4 (Exceptions to Installation of Truck Parks)
Truck parks for cargo transport businesses meeting all of the following requirements and appurtenant facilities may be permitted and installed under the previous provisions until August 6, 2011, notwithstanding the amended provisons of attached Table 1:
| 1. | That the head of a Si/Gun/Gu acknowledges that a person intending to install a truck park has already begun relevant business before this Decree enters into force; |
| 2. | That the function and purpose of a truck park shall not be otherwise attainable by installing a parking lot pursuant to subparagraph 3 (d) of attached Table 1. |
Article 5 (Exceptions to Installation of Outdoor Advertisements Relating to International Events)
The installation of outdoor advertisements relating to international events that the Korea Out of Home Advertising Center can install in order to raise funds necessary for the preparation for and operation of major international events pursuant to the Outdoor Advertisements, etc. Control Act shall be allowed after obtaining permission pursuant to the previous provisions until December 31, 2021, notwithstanding the amended provisions of attached Table 1. <Amended by Presidential Decree No. 26512, Sep. 8, 2015; Presidential Decree No. 29331, Dec. 4, 2018> Article 6 (Exceptions to Formulation of District-Unit Plans for Collective Villages, Designation of Which Development Restriction Zone Is Cancelled without District-Unit Plans)
By December 31, 2012, a policy-making authority as referred to in Article 4 (1) of the Act shall formulate a district-unit plan, as the authority cancels the designation of a development restriction zone of an area falling under Article 2 (3) 2 before this Decree enters into force, for such area for which a class-1 district-unit plan under the amended provisons of paragraph (4) of the same Article is not formulated. Article 7 (Exceptions to Rescission for Small-Scale Land-locked Land and Sites through Which Boundary Traverse)
A Mayor/Do Governor shall inspect the actual status of size, distribution, etc. of land falling under Article 2 (3) 5 and 6 as at the time this Decree enters into force and take necessary measures so that designation of a development restriction zone of the land may be cancelled by December 31, 2012.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22450, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Article 2 (Applicability concerning Exceptions to Standards for Imposition of Charges for Compelling Compliance)
| (1) | The amended provisions of Article 41-3 shall apply even to a person who receives disposition for imposition of a charge for compelling compliance as at the time this Decree enters into force. |
| (2) | Where paragraph (1) is applicable, the head of a Si/Gun/Gu in receipt of an application for reduction of a charge for compelling compliance pursuant to Article 41-3 (1) 1 from a person who received disposition of imposition of a charge for compelling compliance as at the time this Decree enters into force and has not yet paid the charge for compelling compliance shall re-issue disposition of imposition of a charge for compelling compliance according to the reduction standards under paragraph (2) of the same Article. |
| (3) | Where paragraph (1) is applicable, the head of a Si/Gun/Gu in receipt of an application for reduction of a charge for compelling compliance pursuant to Article 41-3 (1) 1, from a person who received disposition for imposition of a charge for compelling compliance as at the time this Decree enters into force, and who has already paid the charge for compelling compliance, shall refund an amount equal to the reduction calculated under paragraph (2) of the same Article. |
Article 3 (Transitional Measures concerning Restrictions on Changes to Form and Quality of Land for Transfer of Graves Removed Due to Implementation of Public-Service Projects)
Where permission to change the form and quality of land is received (including where an application for permission is filed) for the transfer of graves pursuant to the previous provisions of subparagraph 6 of Article 14 as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraph 6 of Article 14.
ADDENDA <Presidential Decree No. 22649, Jan. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Calculation of Floor Area Ratio Following Amendment of the Enforcement Decree of the Building Act) Article 3 (Applicability concerning Authorization for Alteration Following Amendment of the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments) Article 4 (Transitional Measures concerning Penalty Surcharges or Administrative Fines)
| (1) | The previous provisions shall apply to standards for imposition of a penalty surcharge or an administrative fine for an offence committed before this Decree enters into force. |
| (2) | The number of dispositions for imposition of penalty surcharges or administrative fines for violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of this Decree. |
ADDENDUM <Presidential Decree No. 23147, Sep. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23755, Apr. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23787, May 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Details, etc. of Management Plans for Development Restriction Zones)
The amended provisions of Article 10 (4) 2 shall apply from the first management plan for development restriction zones formulated or altered after this Decree enters into force. Article 3 (Applicability concerning Detailed Standards for Permission or Report)
The amended provisions of attached Table 2 shall apply from the first application for permission or report filed after this Decree enters into force.
Article 4 (Transitional Measures concerning Restrictions on Acts)
The previous provisions shall apply to where permission is obtained (including cases in which an application for permission is filed) under the previous provisions as at the time this Decree enters into force, notwithstanding the amended provisions of attached Table 1.
ADDENDUM <Presidential Decree No. 23876, Jun. 25, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24178, Nov. 12, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 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. 24502, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 24, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24509, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2013.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24818, Oct. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 (2) and (3), 36-2 (3), and 39-2 shall enter into force on November 29, 2013. Article 2 (Transitional Measures concerning Interest Rate for Extension, etc. of Charge Payment Deadline)
Where interest on an extension, etc. of deadline for payment of charge has not been paid until the date of enforcement pursuant to the proviso to Article 1 of the Addenda after obtaining permission for extension of deadline for payment of charge or for payment by instalments, and the relevant interest is paid after this Decree enters into force, the previous provisions shall apply to the interest rate for the period before the date this Decree enters into force pursuant to the proviso to Article 1 of the Addenda, notwithstanding the amended provisions of Article 36-2 (3).
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25129, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 36 (2) shall enter into force on February 7, 2014. Article 2 (Applicability concerning Exceptions to Standards for Imposition of Charges for Compelling Compliance)
| (1) | The amended provisions of Article 41-3 shall apply even to a person who has received a disposition for a charge for compelling compliance as at the time this Decree enters into force: Provided, That to a person who receives disposition of reduction of a charge for compelling compliance pursuant to the previous provisions, the previous provisions shall apply. |
| (2) | The head of a Si/Gun/Gu in receipt of an application for the reduction of a charge for compelling compliance pursuant to the amended provisions of Article 41-3 (1) 1 from a person who failed to pay a charge for compelling compliance after having received disposition of imposition of a charge for compelling compliance shall re-issue a disposition for imposition of a charge for compelling compliance if the main sentence of paragraph (1) is applicable. |
Article 3 (Transitional Measures concerning Installation of Appurtenant Facilities of Factories)
The previous provisions shall apply where permission is obtained before this Decree enters into force (including where an application for permission is filed) or where a facility included in a management plan for development restriction zones, approval for which is obtained under Article 11 (1) of the Act before this Decree enters into force, notwithstanding subparagraph 27 of attached Table 3.
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 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. 25325, Apr. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 29, 2014: Provided, That the amended provisions of subparagraph 3 (s) of attached Table 1 shall enter into force on January 29, 2015.
Article 2 (Period of Validity)
The amended provisions of Article 18-2 shall remain in force until December 31, 2015.
ADDENDUM <Presidential Decree No. 25650, Oct. 8, 2014>
This Decree shall enter into force on the date of its promulgation.
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 part of a Presidential Decree promulgated before this Decree enters into force, among the Presidential Decrees amended under Article 5 of the Addenda, but of which the date on which they are to enter into force has not yet arrived, shall respectively enter into force on the date on which the relevant Presidential Decree enters into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25774, Nov. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Senior Citizen Care Facilities)
The previous provisions shall apply to an elderly care facility, permission for which is obtained before this Decree enters into force (including where an application for permission is filed) or to an elderly care facility included in a management plan for development restriction zones, approval for which is obtained under Article 11 (1) of the Act before this Decree enters into force, notwithstanding the amended provisions of subparagraph 3 (f) b) of attached Table 1.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26173, Mar. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 41-4 shall enter into force on April 1, 2015. Article 2 (Applicability concerning Construction of Neighborhood Living Facilities by Owners of Existing Neighborhood Living Facilities)
The amended provisions of subparagraph 5 (d) c) of attached Table 1 shall apply even to the owner (excluding a person who relocated to a village district and built thereon a neighborhood living facility pursuant to Article 12 (1) 2 of the Act and a person who relocated to a settlement complex created under subparagraph 3 of the same paragraph and built thereon a neighborhood living facility) of a neighborhood living facility removed due to the implementation of a public-service project under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects before this Decree enters into force.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26512, Sep. 8, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Installation, etc., of Soybean Sprout Cultivation Sheds and Mushroom Cultivation Sheds in Forest Land)
The soybean sprout cultivation sheds or mushroom cultivation sheds for installation, etc., in forest land of which permission has been granted or an application for permission has been filed in accordance with the previous provisions as at the time when this Decree enters into force, may be installed or extended in forest land, notwithstanding the amended provisions of subparagraph 5 (a) 6) c) of attached Table 1.
ADDENDUM <Presidential Decree No. 26971, Feb. 11, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27065, Mar. 29, 2016>
This Decree shall enter into force on March 30, 2016.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27470, Aug. 29, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27512, Sep. 22, 2016>
This Decree shall enter into force on September 23, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 and 3 Omitted.
Notwithstanding the amended provision of Article 32 (2), the previous provision shall apply to the issuance of a notice to pay appraisal costs in the cases of the notification of the withdrawal of a purchase request under Article 32 (1) before this Decree enters into force. Articles 5 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28180, Jul. 11, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of subparagraph 3 of the attached Table 5 shall enter into force on January 1, 2018.
Article 2 (Applicability concerning Applicants Eligible for Support for Living Expenses)
The amended provision of Article 27-2 (1) shall begin applying to a person who applies for the support for living expenses after this Decree enters into force. Article 3 (Transitional Measures concerning Establishment of Facilities of Sports for All)
The previous provision shall apply to a person who applies for a permission of establishing facilities of sports for all before this Decree enters into force, notwithstanding the amended provision of subparagraph 1 (d) a of the attached Table 1.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not arrived, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28627, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 28635, Feb. 9, 2018>
This Decree shall enter into force on February 10, 2018.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 and 3 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.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29331, Dec. 4, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Rest Restaurants and General Restaurants)
Notwithstanding the amended provisions of subparagraph 1 (h) (iv) of attached Table 1, the previous provisions shall apply to rest restaurants and general restaurants that obtained permission for establishment or for which an application for permission for establishment was filed, pursuant to the previous provisions of subparagraph 1 (f) of attached Table 1 before this Decree enters into force.
Article 3 (Transitional Measures concerning Establishment of Seedling Nurseries, Seeds and Seedling Nurseries, and Greenhouses)
Notwithstanding the amended provisions of subparagraph 5, with the exception of its items, and items (ix) and (x) of the same subparagraph, of attached Table 1, the previous provisions shall apply to seedling nurseries, seed and seedling nurseries, and greenhouses that obtained permission for establishment or for which an application for permission for establishment was filed, pursuant to the previous provisions of subparagraph 5 of attached Table 1 before this Decree enters into force.
Article 4 (Transitional Measures concerning Establishment of Funeral Bier Storages, Minor Rest Areas, Small Waste Incineration Plants, Children's Playgrounds, and Nursery Schools)
Notwithstanding the amended provisions of subparagraph 5 (e) (v) of attached Table 1, the previous provisions shall apply to funeral bier storages, minor rest areas, small waste incineration plants, children's playgrounds, and nursery schools that obtained permission for establishment or for which an application for permission for establishment was filed, pursuant to the previous provisions of subparagraph 5 (e) (v) of attached Table 1 before this Decree enters into force.
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29778, Jun. 21, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Facilities Related to Survival Games)
Notwithstanding the amended provisions of subparagraph 1 (r) b of attached Table 1, the previous provisions shall apply to facilities related to survival games, the permission for installation of which has been granted, or for which an application for permission for installment has been filed, pursuant to the previous provisions of subparagraph 1 (r) of attached Table 1 as at the time this Decree enters into force.
Article 3 (Transitional Measures concerning Installment of Parking Lots)
Notwithstanding the amended provisions of subparagraph 3 (d) of attached Table 1, the previous provisions shall apply to parking lots, the permission for installation of which has been granted, or for which the application for permission for installment has been filed, pursuant to the previous provisions of subparagraph 3 (d) of attached Table 1 as at the time this Decree enters into force.
Article 4 (Transitional Measures concerning Installment of Campgrounds)
Notwithstanding the amended provisions of subparagraph 5 (g) of attached Table 1, the previous provisions shall apply to campgrounds the permission for installment of which has been granted, or for which the application for permission for installment has been filed, pursuant to the previous provisions of subparagraph 5 (g) of attached Table 1 as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 30103, Oct. 1, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2-9 shall enter into force on October 24, 2019. Article 2 (Transitional Measures concerning Installment of Small-Scale Indoor Sports Facilities)
Notwithstanding the amended provisions of subparagraph 1 (e) b of attached Table 1, the previous provisions shall apply to a small-scale indoor sports facility with a total floor area of at least 1,200 square meters, which is undergoing deliberation by a City/Do Urban Planning Committee prescribed in Article 113 (1) of the National Land Planning and Utilization Act.
ADDENDA <Presidential Decree No. 30285, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30425, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 21, 2020.
Article 2 (Effective Period)
The amended provisions of subparagraph 5 of attached Table 1 shall remain effective until February 20, 2022.
ADDENDA <Presidential Decree No. 30645, Apr. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2020.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30704, Jun. 26, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.