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ACT ON URBAN PARKS AND GREEN AREAS

Wholly Amended by Act No. 7476, Mar. 31, 2005

Amended by Act No. 8852, Feb. 29, 2008

Act No. 9860, Dec. 29, 2009

Act No. 10264, Apr. 15, 2010

Act No. 10599, Apr. 14, 2011

Act No. 11020, Aug. 4, 2011

Act No. 11060, Sep. 16, 2011

Act No. 11581, Dec. 18, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11800, May 22, 2013

Act No. 12977, Jan. 6, 2015

Act No. 13051, Jan. 20, 2015

Act No. 13796, Jan. 19, 2016

Act No. 13805, Jan. 19, 2016

Act No. 14089, Mar. 22, 2016

Act No. 14239, May 29, 2016

Act No. 14567, Feb. 8, 2017

Act No. 14796, Apr. 18, 2017

Act No. 15675, jun. 12, 2018

Act No. 15998, Dec. 18, 2018

Act No. 16808, Dec. 10, 2019

Act No. 16949, Feb. 4, 2020

Act No. 17453, jun. 9, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to create a pleasant urban environment by prescribing matters necessary to expand, manage, and use parks and greenbelts in cities and to implement urban afforestation, etc. to ensure a healthy and cultural urban lifestyle and to improve public welfare.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended on Apr. 14, 2011; Mar. 23, 2013; May 22, 2013; Dec. 18, 2018; Feb. 4, 2020; Jun. 9, 2020>
1. The term "parks and greenbelts" means any of the following spaces or facilities which are used to create a pleasant urban environment and to foster citizens' feeling of restfulness and peace:
(a) Urban parks, greenbelts, amusement parks, public vacant land, and reservoirs;
(b) Spaces in which vegetation, such as trees, lawns, flowers, and ground cover (hereinafter referred to as "vegetation"), grows;
(c) Other spaces or facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. The term "urban afforestation" means cultivating vegetation in spaces (excluding any forest provided for in subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act) of urban areas (referring to the urban areas provided for in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, including the district unit planning area designated as a control area under subparagraph 2 of the same Article of the same Act; hereinafter the same shall apply) where eco-friendly resources, including vegetation, water and soil, are in short supply;
3. The term "urban park" means any of the following parks which are built or designated to contribute to protecting urban natural scenery and improving health, recreation, and aesthetic sentiments of citizens in urban areas: Provided, That urban natural park areas under item (b) shall be excluded for the purposes of Articles 3, 14, 15, 16, 16-2, 17, 19, 19-2, 19-3, 20, 21, 21-2, 22 through 25, 39, 40, 42, 46, 48-2, 52 and 52-2:
(a) Parks determined by an urban or Gun management plan pursuant to Article 30 of the National Land Planning and Utilization Act, as parks under subparagraph 6 (b) of Article 2 of the same Act;
(b) Urban natural park areas (hereinafter referred to as "urban natural park areas") determined by an urban or Gun management plan pursuant to Article 38-2 of the National Land Planning and Utilization Act;
4. The term "park facilities" means any of the following facilities which are installed to improve the efficiency of urban parks:
(a) Roads or plazas;
(b) Landscape-architecture facilities, such as flower beds, fountains, and sculptures;
(c) Recreation facilities, including rest areas and park benches;
(d) Play facilities, including swings and slides;
(e) Sports facilities, including tennis courts, swimming pools, and archery ranges;
(f) Cultural facilities, including botanical gardens, zoos, aquariums, museums, and outdoor music halls;
(g) Convenience facilities for users, including parking lots, stores, and toilets;
(h) Park management facilities, including park management offices, entrance and exit doors, fences, and hedges;
(i) Facilities for urban agriculture (referring to urban agriculture pursuant to subparagraph 1 of Article 2 of the Act on Development and Support of Urban Agriculture; hereinafter the same shall apply), including practice centers, experience centers, learning centers, and agricultural materials warehouses;
(j) Disaster management facilities, such as seismic water storage tanks, power-generating facilities, firefighting and water supply facilities, and emergency toilets;
(k) Other facilities used to raise the efficiency of urban parks, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
5. The term "greenbelt" means a greenbelt provided for in subparagraph 6 (b) of Article 2 of the National Land Planning and Utilization Act, which is designated according to an urban or Gun management plan provided for in Article 30 of the same Act to improve the urban landscape by preserving or improving the natural environment and preventing environmental pollution and natural disasters in urban areas.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 3 (Pilot Projects)
(1) Where necessary to expand parks and greenbelts and to raise the level thereof, the Minister of Land, Infrastructure and Transport may designate any urban park or greenbelt creation project and any urban afforestation project as a pilot project and provide necessary support either ex officio or at the request of the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor"), or the mayor of a large city (referring to the mayor of a large city with a population of at least 500,000 persons other than Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 175 of the Local Autonomy Act; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Dec. 10, 2019>
(2) The Minister of Land, Infrastructure and Transport may request the heads of relevant central administration agencies, a Mayor/Do Governor, or the mayor of a large city to submit materials necessary for designating the pilot project referred to in paragraph (1). <Amended on Mar. 23, 2013, Dec. 10, 2019>
(3) Necessary matters concerning standards and procedures for designating the pilot project referred to in paragraph (1), the details of support therefor, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 4 (Surveys for Policy Formulation)
Where necessary to formulate a policy to expand parks and greenbelts, the Minister of Land, Infrastructure and Transport may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun under the jurisdiction of a Metropolitan City; hereinafter the same shall apply) to submit any of the following materials: <Amended on Mar. 23, 2013; Jun. 9, 2020>
1. Materials concerning the appropriateness of the environments and locations of parks and greenbelts;
2. Materials concerning the extent of conservation and frequency of use of parks and greenbelts;
3. Statistics on parks and greenbelts;
4. Other matters concerning the current status of parks and greenbelts, as prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER II MASTER PLANS FOR PARKS AND GREENBELTS
 Article 5 (Person Entitled to Formulate Master Plans for Parks and Greenbelts, etc.)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si prescribed by Presidential Decree (hereinafter referred to as "person entitled to formulate a master plan for parks and greenbelts") shall each formulate a master plan outlining a comprehensive direction for expanding, managing and using parks and greenbelts in urban areas located in their respective jurisdictions (hereinafter referred to as "master plan for parks and greenbelts") every ten years.
(2) A person entitled to formulate a master plan for parks and greenbelts may, where deemed necessary on the grounds of local conditions, formulate a master plan for parks and greenbelts that include any territory under the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, Si or Gun (excluding a Gun located in the jurisdiction of a Metropolitan City; hereinafter the same shall apply) adjacent to his/her jurisdiction. In such cases, he/she shall pre-consult with a relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a relevant Si/Gun thereabout.
(3) Notwithstanding paragraph (1), in any of the following cases, a person entitled to formulate a master plan for parks and greenbelts may choose not to formulate a master plan for parks and greenbelts: <Amended on Apr. 14, 2011>
1. Where the formulation of a separate master plan for parks and greenbelts is deemed unnecessary because each of the matters referred to in the subparagraphs of Article 6 (1) is included in a basic urban or Gun plan (referring to the basic urban or Gun plan under subparagraph 3 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply);
2. Where an urban park is built in accordance with a plan for restoring a damaged area referred to in Article 4 (4) of the Act on Special Measures for Designation and Management of Development Restriction Zones;
3. Where an urban park, the size of which does not exceed 100,000 square meters, is newly built.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 6 (Contents, etc. of Master Plans for Parks and Greenbelts)
(1) A master plan for parks and greenbelts shall contain the following:
1. Matters concerning local characteristics, the directions and goals of the plan;
2. Matters concerning changes in the landscape of parks and greenbelts following changes in the population, industry, economy, spatial information, and land utilization;
3. Matters concerning the comprehensive placement of parks and greenbelts;
4. Matters concerning the axis and network of parks and greenbelts;
5. Matters concerning supply of and demand for parks and greenbelts;
6. Matters concerning the conservation, management, and utilization of parks and greenbelts;
7. Matters concerning urban afforestation;
8. Other matters necessary to expand, manage, and utilize parks and greenbelts, as prescribed by Presidential Decree.
(2) The master plan for parks and greenbelts shall conform to a basic urban or Gun plan, and when the contents of the master plan for parks and greenbelts are different from the basic urban or Gun plan, the contents of the basic urban or Gun plan shall prevail over the contents of the master plan for parks and greenbelts. <Amended on Apr. 14, 2011>
(3) Standards, etc. for formulating master plans for parks and greenbelts shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 7 (Basic Survey for Formulating Master Plans for Parks and Greenbelts)
(1) A person entitled to formulate a master plan for parks and greenbelts shall, when he/she intends to formulate or change the master plan for parks and greenbelts, survey or measure, in advance, matters necessary to develop and change the relevant master plan for parks and greenbelts, as prescribed by Presidential Decree, from among matters regarding population, economy, society, culture, land utilization, parks and greenbelts, environment, climate, and other matters prescribed by Presidential Decree.
(2) A person entitled to formulate a master plan for parks and greenbelts may request the heads of relevant administrative agencies to furnish materials necessary to conduct the survey and measurement referred to in paragraph (1). In such cases, the heads of relevant administrative agencies shall, in receipt of such request, comply therewith, except in extenuating circumstances.
(3) A person entitled to formulate a master plan for parks and greenbelts may, if necessary for efficiently conducting survey and measurement, request a specialized institution to conduct a survey or measurement referred to in paragraph (1) or (2).
[This Article Wholly Amended on Sep. 16, 2011]
 Article 8 (Public Hearings and Hearing of Opinions, etc. of Local Councils)
(1) A person entitled to formulate a master plan for parks and greenbelts shall, when he/she intends to develop or change the master plan for parks and greenbelts, hold, beforehand, a public hearing to hear the opinions of residents, relevant experts, etc.
(2) A person entitled to formulate a master plan for parks and greenbelts may, before formulating or changing the master plan for parks and greenbelts, consult with the urban park committee provided for in Article 50 (hereinafter referred to as “urban park committee”).
(3) A person entitled to formulate a master plan for parks and greenbelts shall, when he/she intends to formulate or change the master plan for parks and greenbelts, undergo, beforehand, the procedures for hearing the opinions of the local council. In such cases, the local council shall put forward its opinions within 30 days, except in extenuating circumstances.
(4) A person entitled to formulate a master plan for parks and greenbelts shall, when the details of opinions and counseling that are put forward and offered in the course of a public hearing, the counseling by the urban park committee, or hearing opinions of the local council in accordance with paragraphs (1) through (3) are deemed appropriate, reflect them in the relevant master plan for parks and greenbelts.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 9 (Formulation, etc. of Master Plans for Parks and Greenbelts)
(1) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor intends to formulate a master plan for parks and greenbelts, he/she shall consult with the heads of relevant administrative agencies and then undergo deliberation of a local urban planning committee under Article 113 of the National Land Planning and Utilization Act (hereinafter referred to as "local urban planning committee").
(2) If the head of a Si prescribed by Presidential Decree referred to in Article 5 (1) intends to formulate or change a master plan for parks and greenbelts, he/she shall obtain approval from the competent Do Governor, as prescribed by Presidential Decree. In such cases, if the Do Governor intends to approve the master plan for parks and greenbelts, he/she shall consult with the heads of relevant administrative agencies and then undergo deliberation of a local urban planning committee.
(3) The heads of relevant administrative agencies shall, upon receipt of a request for consultation pursuant to paragraph (1) or (2), present his/her opinion to a Mayor/Do Governor within 30 days from the receipt of such request, except in extenuating circumstances.
(4) When a Mayor/Do Governor has formulated or approved a master plan for parks and greenbelts, he/she shall send the relevant documents to the heads of relevant administrative agencies (in the case of a Do Governor, including the head of a Si under paragraph (2)).
(5) A person entitled to formulate a master plan for parks and greenbelts shall publicly announce the details of the master plan for parks and greenbelts and make them available for public perusal, as prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 10 (Effects and Upgrade of Master Plans for Parks and Greenbelts)
(1) An urban or Gun management plan concerning urban parks and greenbelts as part of the urban or Gun management plan (referring to the urban or Gun management plan referred to in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply) shall conform to the master plan for parks and greenbelts. <Amended on Apr. 14, 2011>
(2) Every five years, a person entitled to formulate a master plan for parks and greenbelts shall re-examine the appropriateness of the master plan for parks and greenbelts under his/her jurisdiction and upgrade the master plan.
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER III URBAN AFFORESTATION AND EXPANSION OF URBAN PARKS AND GREENBELTS
 Article 11 (Urban Afforestation Plans)
(1) A person entitled to formulate a master plan for parks and greenbelts shall formulate an urban afforestation plan (hereinafter referred to as "urban afforestation plan") for part of the urban area under his/her jurisdiction based on the master plan for parks and greenbelts.
(2) The policy measures for systematic management of greenbelts in urban areas pursuant to Article 18 of the Framework Act on Forestry shall be reflected in the urban afforestation plan.
(3) When formulating an urban afforestation plan pursuant to paragraph (1), a person entitled to formulate a master plan for parks and greenbelts shall undergo deliberation of the relevant urban park committee (or the local urban planning committee where no urban park committee is established; hereinafter the same shall apply in Articles 16 (4) and 19 (5)).
(4) Standards for developing an urban afforestation plan and other necessary matters shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or Si, as prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 12 (Greenbelt Utilization Contracts)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may, if deemed necessary to expand parks and greenbelts in order to allow citizens’ easy access to them, enter into a contract, with the owner of any land in an urban area which has excellent vegetation or forest floors, to provide support necessary for preserving, maintaining and utilizing such vegetation or forest floors of the relevant land, on condition that the relevant land is made accessible to citizens (hereinafter referred to as "greenbelt utilization contract").
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall put up signs on the land indicating that a greenbelt utilization contract has been entered into with respect to the land pursuant to paragraph (1).
(3) Matters necessary for entering into the greenbelt utilization contract, etc. shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, Si or Gun, as prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 12-2 (Contracts for Use of Sites for Urban Parks)
(1) After an urban or Gun management plan for building an urban park is determined, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may enter into a contract for use of a site for the urban park (hereinafter referred to as "contract for use of a park site") with the relevant land owner for all or any part of the site to build the urban park.
(2) Matters necessary for entering into a contract for use of a park site, etc. shall be determined by an ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun in compliance with the standards prescribed by Presidential Decree.
(3) Upon entering into or amending a contract for use of a park site, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall publicly notify such fact without delay, as prescribed by Presidential Decree.
(4) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun has built an urban park upon formulating an implementation plan for an urban or Gun planning facility project or upon obtaining authorization therefor under Article 88 of the National Land Planning and Utilization Act, after entering into a contract for use of a park site, Articles 65 and 99 of the same Act shall not apply to such site.
(5) Any decision on urban or Gun planning facilities for a site for an urban park, for which a contract for use of a park site has been entered into pursuant to paragraph (1), shall be invalidated on the day following the expiry date of the contract, notwithstanding Article 48 (1) of the National Land Planning and Utilization Act: Provided, That if the expiry date of the contract for use of a park site regarding such site for an urban park is earlier than the 20th anniversary of public notice of the decision on urban or Gun planning facilities under Article 48 (1) of the National Land Planning and Utilization Act, the decision shall be invalidated on the date following the 20th anniversary (the starting date of counting for any urban planning facilities determined and publicly notified before July 1, 2000 shall be July 1, 2000; hereafter the same shall apply in this Article) of the public notice, unless any other urban or Gun planning facility project is implemented by 20 years after the date of the public notice. <Amended on Jun. 9, 2020>
(6) Where any decision on urban or Gun planning facilities is invalidated pursuant to paragraph (5), the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun shall publicly notify such fact without delay, as prescribed by Presidential Decree.
[This Article Newly Inserted on Jun. 12, 2018]
 Article 13 (Afforestation Contracts)
(1) If deemed necessary for urban afforestation, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may enter into a contract, with the owner or residents of any land in a certain urban area, to provide necessary support, including the supply of saplings, on condition that any of the following measures are taken (hereinafter referred to as "afforestation contract"):
1. Protection of forest belts, etc.;
2. An increase in the vegetation ratio compared with the area of the relevant land;
3. An increase in the vegetation representing the relevant land.
(2) Matters necessary for entering into the afforestation contract shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, a Si or Gun, as prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 14 (Securing Urban Parks or Greenbelts)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall endeavor to secure urban parks or greenbelts according to standards for securing urban parks or greenbelts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in order to create a pleasant urban environment. <Amended on Mar. 23, 2013>
(2) Anyone who formulates any of the following development plans (hereinafter referred to as "development plan") that accompany development, the size of which is equal to or greater than the size of the development prescribed by Presidential Decree shall include a plan to secure urban parks or greenbelts in the relevant development plan according to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Jan. 19. 2016; Feb. 8, 2017>
1. A development plan provided for in Article 4 of the Urban Development Act;
2. A housing construction project plan or site-leveling project plan provided for in Article 15 of the Housing Act;
4. A development plan to implement industrial complex development projects provided for in subparagraph 9 of Article 2 of the Industrial Sites and Development Act;
5. A housing site development plan provided for in Article 8 of the Housing Site Development Promotion Act;
6. A project plan for a joint collection and delivery center provided for in Article 29 of the Distribution Industry Development Act;
8. A development plan for a project aimed at constructing a complex for residential, commercial and industrial purposes, among the projects for which the development plans referred to in subparagraphs 1 through 7 and the approvals therefor are deemed developed and granted under other Acts;
9. Other development plans for a project to create a complex for residential, commercial or industrial purposes in accordance with other Acts.
(3) Any urban park or any greenbelt included in a development plan under paragraph (2) shall be built by the operator of the relevant development project at his/her own cost.
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER IV BUILDING AND MANAGEMENT OF URBAN PARKS
 Article 14-2 (Measures to Conserve Natural Greenbelts)
(1) For the conservation and restoration of forest land or farmland that is similar to greenbelts in function despite the fact that the land is not a greenbelt land (hereafter referred to as "natural greenbelts" in this Article), where any buildings or structures are constructed in such natural greenbelts, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may purchase such buildings or structures and demolish them or take other necessary measures.
(2) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun permits any development activity pursuant to relevant Acts, where land for which an application for permission to engage in any development activity has been filed is deemed to fall under any of the following subparagraphs, he/she may choose not to grant permission so that the land can continue to function as a natural greenbelt:
1. Land required to be maintained as it is as a natural greenbelt with good forest conditions, which is included in an area subject to the project for restoration of damaged area in a development restriction zone under Article 4 (4) of the Act on Special Measures for Designation and Management of Development Restriction Zones;
2. Natural greenbelts, the management of which is deemed necessary for preserving an urban natural environment by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 15 (Subdivision and Scale of Urban Parks)
(1) Urban parks shall be subcategorized according to their functions and themes as follows: <Amended on Dec. 18, 2012; May 22, 2013; Mar. 22, 2016; Feb. 4, 2020>
1. National urban parks: Parks designated by the State among parks which are built and managed by Article 19;
2. Living-zone parks: Any of the following parks that are built and managed as a park fundamental to an urban living zone:
(a) Small parks: Parks built by using a small area of land to foster feelings of restfulness and peace among urban citizens;
(b) Children's park: Parks built to improve the physical and mental health of children;
(c) Neighborhood parks: Parks built to contribute to improving the physical and mental health of neighborhood residents or residents who live in a regional living zone that consists of neighborhood living zones and to provide recreational opportunities for them;
3. Theme parks: Any of the following parks that are built for various purposes, other than living-zone parks:
(a) Historical parks: Parks built for relaxation and education of urban citizens through the practical use of historic sites, establishments, ruins, relics, etc. of a city;
(b) Cultural parks: Parks built for relaxation and education of urban citizens through the practical use of cultural features of a city;
(c) Waterside parks: Parks built for leisure and relaxation of urban citizens through the practical use of waterside space, including the riverside and lakeside of a city;
(d) Cemetery parks: Parks built in a combination with park facilities and a cemetery provided for in subparagraph 7 of Article 2 of the Act on Funeral Services, Etc. in order to provide relaxation, etc. to cemetery visitors;
(e) Sports parks: Parks built to foster sound body and mind through sports activities, including athletic events and outdoor activities;
(f) Urban agricultural parks: Parks built to foster emotional well-being and community spirit of urban citizens with a main focus on urban agriculture;
(g) Disaster prevention parks: Parks built to be utilized as a base for evacuation and relief of urban citizens when disasters, such as an earthquake, occur;
(h) Other parks prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as “City/ Do”), or a large city with a population of at least 500,000 persons other than Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 175 of the Local Autonomy Act.
(2) The scale of the parks referred to in the subparagraphs of paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 16 (Establishment of Park Building Plans)
(1) When an urban or a Gun management plan concerning the installation of an urban park is determined, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, who has jurisdiction over an administrative area where the relevant urban park is located, shall formulate a plan for building such urban park (hereinafter referred to as "park building plan"). <Amended on Apr. 14, 2011>
(2) Where necessary to build an urban park to accomplish the purposes of national policies, such as building an urban park pursuant to Article 5 (3) 2, the Minister of Land, Infrastructure and Transport may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun to take necessary measures, such as formulating a park building plan, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, upon receipt of such request, shall comply therewith, without delay, except in extenuating circumstances. <Amended on Mar. 23, 2013>
(3) Any person other than the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (hereinafter referred to as "private park promoter") may propose that the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun formulate a park building plan for an urban park on which an urban or a Gun management plan concerning building an urban park has been determined to the effect that such park shall be built at the cost and risk of the private park promoter. <Amended on Apr. 14, 2011>
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, upon receipt of a proposal to formulate a park building plan pursuant to paragraph (3), shall notify a person who makes a proposal of whether he/she accepts such proposal, within a period prescribed by Presidential Decree, after consultation with an urban park committee established in the relevant local government, and when he/she decides to accept such proposal, he/she shall reflect it in formulating a park building plan.
(5) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun is required to formulate a park building plan promptly, he/she may formulate an urban or Gun management plan for formulating a park building plan concurrently with a master plan for parks and greenbelts or the formulation of an urban or Gun management plan concerning the decision on an urban park. In such cases, any deliberation of the following for formulation, permission and decision of the relevant plan may be substituted with joint deliberation of a City/Do urban park committee under Article 50 (1) and a City/Do urban planning committee under Article 113 (1) of the National Land Planning and Utilization Act: <Amended on Apr. 14, 2011; May 29, 2016>
1. Deliberation of a local urban planning committee under Article 9 (1) or (2);
2. Deliberation of a City/Do urban planning committee or City/Do urban park committee under the latter part of Article 16-2 (1);
3. Deliberation of a City/Do urban planning committee under Article 30 (3) of the National Land Planning and Utilization Act.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 16-2 (Decision on Park Building Plans)
(1) A park building plan shall be decided in accordance with an urban or a Gun management plan. In such cases, hearing the opinions of a local council under Article 28 (5) of the National Land Planning and Utilization Act and consultation with the heads of relevant administrative agencies under Article 30 (1) of the same Act may be omitted, and where a City/Do urban park committee has been established pursuant to Article 50 (1) of the same Act, deliberation of the City/Do urban park committee may replace deliberation of a City/Do urban planning committee under Article 30 (3) of the same Act. <Amended on Apr. 14, 2011>
(2) Paragraph (1) shall apply mutatis mutandis to any change to a park building plan: Provided, That when one intends to hear the opinions of residents regarding any change to a park building plan, he/she shall publicly announce such change in an official report, website, etc. of the relevant Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or Si/Gun, and make the same available for public perusal for at least 14 days.
(3) Where the details of changes made to a park building plan under paragraph (2) fall under the following subparagraphs without any changes to the theme or characteristics of the relevant park, deliberation of a City/Do urban park committee under paragraph (1) (referring to deliberation of a City/Do urban planning committee under Article 30 (3) of the National Land Planning and Utilization Act where no City/Do urban park committee has been established) and procedures for hearing the opinions of residents under Article 28 (1) of the National Land Planning and Utilization Act may be omitted:
1. A change by not more than ten percent of the area of a site for park facilities (limited to cases where a size of the area of a part subject to change among a site for park facilities is not more than 30,000 square meters);
2. Matters prescribed by Presidential Decree as acts causing insignificant changes, such as building small-scale park facilities.
(4) Standards for formulating a park building plan and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 17 (Invalidation of Decision on Urban Parks)
(1) Where the park building plan is not publicly notified on or before the date 10 years have lapsed from the date of public notice of a decision on the urban or Gun management plan for building any urban park (hereafter in this Article referred to as "decision on urban parks), such decision shall become invalid on the date immediately following the date 10 years have lapsed, notwithstanding Article 48 of the National Land Planning and Utilization Act. <Amended on Apr. 14, 2011; Feb. 4, 2020>
(2) Where a project is not implemented in State-owned or public land, which is part of the sites for urban parks for which the park building plan is publicly notified, on or before the date 30 years have elapsed from the date of public notice of a decision on urban parks under Article 48 of the National Land Planning and Utilization Act, such decision shall become invalid on the date following the date 30 years have elapsed, notwithstanding that Article: Provided, That Article 48 of the National Land Planning and Utilization Act shall apply to the State-owned or public land publicly announced by the Minister of Land, Infrastructure and Transport as unable to maintain the function of an urban park, as prescribed by Presidential Decree. <Amended on Feb. 4, 2020>
(3) In cases of State-owned or public land for which a decision on urban parks is expected to be invalid pursuant to the main sentence of paragraph (2), the validity of such decision may be extended only once for up to 10 years, as prescribed by Presidential Decree. <Newly Inserted on Feb. 4, 2020>
(4) When a decision on urban parks becomes invalid pursuant to paragraphs (1) through (3), a Mayor/Do Governor shall, without delay, publicly notify such fact, as prescribed by Presidential Decree. <Newly Inserted on Dec. 10, 2019; Feb. 4, 2020>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 18 (Upgrade of Park Building Plans)
(1) When the adjacent area utilization substantially changes after the park building plan is determined and publicly notified, or when residents make a request according to the requirements determined by Presidential Decree, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall re-examine the overall appropriateness of the park building plan and, if necessary, rearrange the park building plan.
(2) Requirements for residents to request the rearrangement of the park building plan pursuant to paragraph (1) may vary depending on the type of parks provided for in Article 15, taking into account the number of residents who are expected to frequent the relevant park, the scale of part, etc.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 19 (Building and Management of Urban Parks)
(1) Every urban park shall be built and managed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun according to the park building plan.
(2) The manager of any urban park that spans at least two administrative areas and the methods of managing such urban park shall be determined by the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun after consultations thereon.
(3) When no agreement is reached in the consultations referred to in paragraph (2), and where the relevant urban park is located in the jurisdiction of the same Do, an application may be filed with the competent Do Governor for an adjudication thereon, and where the relevant urban park spans at least two jurisdictions of Cities/Dos, a joint application may be filed with the Minister of Land, Infrastructure and Transport for an adjudication thereon. <Amended on Mar. 23, 2013>
(4) When the Minister of Land, Infrastructure and Transport delivers an adjudication after receiving the application for the adjudication filed pursuant to paragraph (3), an agreement shall be deemed reached in the consultations referred to in paragraph (2). <Amended on Mar. 23, 2013>
(5) Notwithstanding paragraph (1), in any of the following cases, park facilities may be built following deliberation of the relevant urban park committee even before a park building plan is formulated or changed: <Amended on Mar. 23, 2013>
1. Where transportation convenience facilities are built or improved according to a plan to promote transportation convenience of the mobility disadvantaged under the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons;
2. Where park facilities are changed in the existing site for park facilities (excluding any change to facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a golf course);
3. Other cases where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun deems it necessary to immediately build park facilities for the management of the relevant park.
(6) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun has built park facilities pursuant to paragraph (5), he/she shall change a park building plan to reflect such details at the earliest possible date.
(7) Standards for building and managing urban parks under paragraph (1), and standards for ensuring their safety shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 19-2 (Establishment and Management of Close Circuit Televisions, etc.)
The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who manages urban parks under Article 19 (1) and (2) (hereinafter referred to as “park management agency” shall install and manage close circuit televisions and emergency bells on the main points in any urban parks where crimes or safety accidents are likely to occur.
[This Article Newly Inserted on Apr. 18, 2017]
 Article 19-3 (Installation and Management of Safety Facilities in Children's Parks)
The park management agency shall install and manage safety facilities, such as protective fences, at major points within children's parks, where traffic accidents are likely to occur, for children's safety, as prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 18, 2018]
 Article 20 (Entrustment of Management of Urban Parks and Park Facilities)
(1) The park management agency may entrust the management of such urban parks or park facilities to anyone who is not the park management agency. <Amended on Apr. 18, 2017>
(2) When the park management agency entrusts the management of any urban park or any park facilities pursuant to paragraph (1), it shall publicly announce the details thereof.
(3) Anyone who manages any urban park or park facilities following the entrustment prescribed in paragraph (1) (hereinafter referred to as "entrusted park manager") may perform the work of any park management agency by proxy, as prescribed by Presidential Decree.
(4) When management of any urban park or park facilities is entrusted under paragraph (1), matters necessary regarding the method and criteria for entrustment and the criteria for selection may be separately determined by Ordinance of the local government having jurisdiction over the park management agency. <Newly Inserted on Jan. 20, 2015>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 21 (Building and Management of Urban Parks and Park Facilities by Private Park Promoters)
(1) A private park promoter may build and manage any urban park or park facilities after being designated as the operator of the relevant urban or Gun planning facility project under Article 86 (5) of the National Land Planning and Utilization Act and obtaining the authorization of the implementation plan under Article 88 (2) of the same Act, as prescribed by Presidential Decree. <Amended on Apr. 14, 2011>
(2) Anyone who manages any urban park or park facilities pursuant to paragraph (1) may perform the work of the park management agency by proxy, as prescribed by Presidential Decree.
(3) Article 65 of the National Land Planning and Utilization Act that applies mutatis mutandis pursuant to Article 99 of the same Act shall not apply to any urban park or park facilities built pursuant to paragraph (1).
(4) Where a private park promoter carries out an urban park creation project jointly with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun pursuant to Article 21-2 (6), if the private park promoter deposits at least 4/5 of the relevant purchasing cost for the site of urban park (including facilities; hereinafter the same apply in Article 21-2 (6)) in cash, such private park promoter shall be deemed to meet the requirements for designating an implementer of an urban or Gun planning facility project under Article 86 (7) of the National Land Planning and Utilization Act: Provided, That where the private park promoter possesses a portion of the relevant site, he/she may deposit the remaining amount except the amount equal to such land price in cash. <Newly Inserted on Dec. 18, 2012; Jan. 20, 2015>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 21-2 (Special Cases concerning Developing Activities, etc. in Sites for Urban Parks)
(1) When a private park promoter donates an urban park built pursuant to Article 21 (1) to the park management agency (referring to cases of donation not less than 70% of the area of a park), he/she may build facilities, other than park facilities, (referring to facilities allowed to be installed in a greenbelt area, residential area, and commercial area; hereinafter referred to as “non-park facilities”) on the site following donations or in the underground space thereof, if the following standards are fully satisfied: <Amended on Jan. 20, 2015>
1. The gross area of a urban park shall be more than 50,000 square meters;
2. Essential functions and the whole scenery of the relevant park shall not be destroyed;
3. Types and scales of non-park facilities shall be a building or a structure which has undergone deliberation of the relevant local urban planning committee (where facilities are built in the underground space of a site for an urban park, limited to a building or a structure that can be built in the relevant specific use area);
4. Facilities shall meet the standards prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun.
(2) Where necessary to move forward with the project to create the urban park, the park management agency may have facilities directly related to a project to create the relevant urban park, such as access roads and overpasses, be built in an area other than an urban park in a scope of value that corresponds to 10 percent of the area of a site for urban park donated in consultation with a private park promoter. <Newly Inserted on Jan. 20, 2015>
(3) Where a private park promoter intents to build facilities under paragraph (2), the park management agency shall adjust the area of a site for an urban park corresponding to building expenses for such facilities from the donated area of a site for an urban park. <Newly Inserted on Jan. 20, 2015>
(4) The park management agency shall not request that a private park promoter build facilities not directly related to a project create an urban park. <Newly Inserted on Jan. 20, 2015>
(5) When a private park promoter intends to build non-park facilities in the underground of a site for an urban park pursuant to paragraph (1), divided superficies shall be established. <Amended on Jan. 20, 2015>
(6) A private park promoter may perform a project for creating an urban park under paragraph (1) jointly with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, as prescribed by an agreement referred to in paragraph (12). In such cases, land purchasing expenses shall be borne by a private park promoter. <Amended on Jan. 20, 2015>
(7) Where a private park promoter purchase the site for an urban park under the latter part of paragraph (6), he/she may utilize the deposit pursuant to Article 21 (4). <Newly Inserted on Jan. 20, 2015>
(8) Where a private park promoter donates an urban park built pursuant to Article 21 (1) to the park management agency, he/she may perform supplementary projects pursuant to Article 21 of the Act on Public-Private Partnerships in Infrastructure. <Amended on Jan. 20, 2015>
(9) Notwithstanding Article 29 (1) of the National Land Planning and Utilization Act, where deemed necessary for a site for non-park facilities among the urban park under paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may decide to change urban or Gun management planning, such as the release of the relevant urban park and change of a use area. <Amended on Apr. 14, 2011; Jan. 20, 2015>
(10) The Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may decide on the creation of other urban or Gun planning facilities (referring to urban or Gun planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act) in the underground of a site for such urban park together, to the extent that such facilities does not interfere with the utilization of an urban park. <Amended on Apr. 14, 2011; Jan. 20, 2015>
(11) Articles 19 (5) and 24, and Article 65 of the National Land Planning and Utilization Act applied mutatis mutandis pursuant to Article 99 of the same Act shall not apply to non-park facilities built pursuant to paragraph (1) and the site therefor. <Amended on Jan. 20, 2015>
(12) When a private park promoter builds an urban park under paragraph (1), he/she shall enter into an agreement regarding the following subparagraphs with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun: <Amended on Jan. 20, 2015>
1. The timing of donation;
2. In the case of joint performance pursuant to paragraph (6), the method of performance including division of duties, such as approval, permission and purchase of land;
3. Detailed types and scales of non-park facilities;
4. The location of a site where non-park facilities are built.
(13) The Minister of Land, Infrastructure and Transport may provide necessary support, such as providing standards agreement under paragraph (12). <Amended on Mar. 23, 2013; Jan. 20, 2015>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 22 (Safety Measures for Urban Parks and Park Facilities)
Anyone who manages an urban park or park facilities pursuant to Article 19, 19-2, 19-3, 20, or 21 shall take necessary measures to ensure the safety thereof, including conducting regular inspections. <Amended on Dec. 18, 2018>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 23 (Management of Concurrently-Used Structures)
(1) Where any river, road, tap-water, detention facilities, and other facilities, structures, etc. (hereinafter referred to as "other structures") are concurrently used with urban parks or park facilities, the park management agency and the manager of other structures may decide on the method of managing other structures through joint consultations: Provided, That where the manager of other structures (limited to a case where he/she is not the administrative agency) manages an urban park, he/she may manage only the maintenance and repair of the relevant urban park and its facilities.
(2) A park management agency shall, where it decides on the method of management of other structures pursuant to paragraph (1), publicly announce the details thereof.
(3) The manager of other structures, who manages any urban park or park facilities pursuant to paragraph (1), may exercise the authority of the park management agency by proxy, as prescribed by Presidential Decree.
(4) Standards for installing and managing facilities and structures prescribed by Presidential Decree, as other structures used concurrently with urban parks or park facilities, shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 24 (Permission to Occupy and Use Urban Parks)
(1) Anyone who intends to perform any of the following activities in any urban park shall obtain permission to occupy and use such urban park from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, who is in charge of managing the relevant urban park, as prescribed by Presidential Decree: Provided, That the same shall not apply to minor activities prescribed by Presidential Decree, including the thinning of any forest:
1. Installing any facilities, constructing any buildings or setting up any structures, other than park facilities;
2. Changing the form and quality of the land;
3. Felling or planting bamboo and trees;
4. Collecting soil and stones;
5. Piling up goods.
(2) Upon receipt of an application for permission filed pursuant to paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun may grant such permission only when the following requirements are met, and where the owner of any land files an application for permission, it shall be granted in preference to others:
1. Permission should not be in conflict with the park building plan (limited to cases where the park building plan is developed);
2. There shall be unavoidable grounds for occupation and use;
3. Occupation and use should be acknowledged as not obstructing the public use of the relevant urban park.
(3) Urban parks that can be occupied and used after obtaining the permission therefor pursuant to paragraph (1) and standards for the occupation and use thereof shall be determined by Presidential Decree.
(4) Paragraph (1) shall apply mutatis mutandis where it is intended to change matters for which permission for occupation and use is granted.
(5) Where any building or any structure is constructed upon obtaining permission pursuant to Article 56 of the National Land Planning and Utilization Act under Article 47 (7) of the same Act, the permission for occupation under paragraph (1) may be omitted. <Amended on May 29, 2016>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 25 (Restoration)
(1) Anyone who obtains permission to occupy and use any urban park pursuant to Article 24 shall, when the period of occupation and use expires or occupation and use are suspended, restore the relevant urban park without delay: Provided, That the same shall not apply in any of the following cases:
1. Where the restoration of the urban park is inappropriate because it could worsen the scenery of the urban parks, serves as a hindrance to the use or creation of the urban parks, or upon any other grounds, and approval from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun is obtained;
2. Where the owner of the land has constructed any buildings or structures pursuant to Article 24 (5).
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may order any of the following persons to restore an urban park without delay:
1. Anyone who fails to restore such urban park pursuant to paragraph (1);
2. Anyone who has performed an act falling under the subparagraphs of Article 24 (1) without obtaining permission for occupation and use;
3. Anyone who has occupied and used such urban park in a manner different from the details of the permission for its occupation and use.
(3) When the person ordered to restore the urban park pursuant to paragraph (2) fails to do so, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun may restore the urban park by administrative vicarious performance provided for in the Administrative Vicarious Execution Act.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 25-2 (Special Cases concerning Designation and Support of Budgets of National Urban Parks)
(1) The Minister of Land, Infrastructure and Transport may designate urban parks built and managed under Article 19 as national urban national parks of Article 15 (1) 1 in consultation with the relevant ministries and deliberation of a cabinet meeting, if necessary at a national level, in order to promote national memorial events and preserve natural scenery, history, cultural heritage, etc.
(2) Notwithstanding Article 39, where the Minister of Land, Infrastructure and Transport designates a national urban park under paragraph (1), he/she may bear some of the expenses incurred for building and managing national urban parks in the scope of budgets to a local government.
(3) Designation requirements, designation procedures, and matters necessary for supporting budgets of national urban parks under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 22, 2016]
CHAPTER V URBAN NATURAL PARK AREAS
 Article 26 (Standards for Designating and Changing Urban Natural Park Areas)
Standards for designating and changing urban natural park areas shall be prescribed by Presidential Decree, comprehensively taking into account the relevant city’s socioeconomic conditions, including the population, industry, traffic and land utilization, and environmental conditions, including topography and scenery.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 27 (Restrictions on Activities in Urban Natural Park Areas)
(1) In any urban natural park area, the construction of any building, change of purpose of any building, installation of structures, change in the form and quality of land, collection of soil and stones, division of land, clearing of bamboo and trees, piling up of goods and the implementation of any urban or Gun planning project provided for in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as “urban or Gun planning project”) shall be prohibited: Provided, That any of the following activities may be done after obtaining permission therefor from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun: <Amended on Apr. 14, 2011; May 29, 2016; Jun. 12, 2018>
1. Construction of any of the following buildings or structures that are prescribed by Presidential Decree and the subsequent change in the form and quality of land:
(a) Public facilities, including roads and railroads;
(b) Provisional buildings or structures;
(c) Leisure facilities for urban citizens, including recreational forests and arboreta;
(d) Physical-fitness training facilities, including mountain trails and horizontal bars;
(e) Utility facilities, including electricity and gas facilities;
(f) Housing and neighborhood community facilities;
(g) Facilities falling under any of the following that can benefit greatly from their location in urban natural park areas and that do not cause any damage to the natural environment;
(i) Welfare facilities for older persons under Article 31 of the Welfare of Older Persons Act;
(ii) Child-care centers under Article 10 of the Infant Care Act;
(iii) Woodland burial grounds under Article 2 of the Act on Funeral Services, Etc. (limited to those built or established by the State, a local government, a public institution under the Act on the Management of Public Institutions, a public corporation referred to in Article 16 (5) 2 of the Act on Funeral Services, or a religious organization prescribed by Presidential Decree);
(h) Deleted; <May 29, 2016>
2. Renovation, reconstruction, extension or major repair of existing buildings or structures;
3. Change in the form and quality of land that does not require construction of any building;
4. Collection of soil and stones, clearing of bamboo and trees, or piling up of goods, which are all prescribed by Presidential Decree.
5. Partition of land which falls under any of the following:
(a) Where the area of each parcel after partition is 200 square meters or more (330 square meters or more if separating land of which classification is a site for building houses and neighborhood community facilities);
(b) Where the area of each parcel after partition is 200 square meters or less in order to implement public projects and merge it with adjacent land, prescribed by Presidential Decree.
(2) Notwithstanding the proviso to paragraph (1), minor activities prescribed by Presidential Decree, including the thinning of any forest, may be performed without obtaining permission therefor.
(3) The scale, height, building-to-land ratio, and floor area ratio of a building and structure that is subject to permission under paragraph (1) 1 and 2 and the standards for granting permission to engage in activities subject to such permission provided for in each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
(4) The provisions governing the performance guarantee and restoration provided for in Articles 60 and 64 (3) and (4) of the National Land Planning and Utilization Act and the completion inspection provided for in Article 62 of the same Act shall apply mutatis mutandis to permission for activities under the proviso to paragraph (1).
(5) Anyone who has already performed or undertaken construction works or project after obtaining permission, etc. according to other relevant statutes (including cases where such permission, etc. is not required according to relevant statutes) as at the time any urban natural park area is designated with respect to activities provided for in any subparagraph of paragraph (1) shall be deemed to obtain permission under the proviso of paragraph (1). <Amended on May 29, 2016>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 28 (Special Cases concerning Village Areas)
(1) The Mayor/Do Governor or the mayor of a large city may designate a village located in an urban natural park area, in which residents collectively live, as a village area referred to in Article 37 (1) 8 of the National Land Planning and Utilization Act (hereinafter referred to as "village area"). <Amended on Dec. 10, 2019>
(2) Standards for designating a village area, including the number of houses that form a village, the number of houses per unit area, standards for drawing a boundary of a village area and other necessary matters shall be prescribed by Presidential Decree.
(3) The intended purpose, height, and total floor area, building-to-land ratio, and floor area ratio of a building in a village area district shall be separately prescribed by Presidential Decree, notwithstanding Article 27 (3).
[This Article Wholly Amended on Sep. 16, 2011]
 Article 29 (Claims for Land Purchase)
(1) The owner of any land, who becomes unable to use his/her land located in any urban natural park area for its originally intended purpose as a result of its designation as an urban natural park area greatly undermining its efficiency, and where he/she finds it virtually impracticable to use and benefit from his/her land (hereinafter referred to as "land subject to purchase") and who falls under any of the following subparagraphs, may file a claim with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun having jurisdiction over the relevant urban natural park area for the purchase of such land:
1. One who has continuously owned the relevant land since its designation as an urban natural park area;
2. One who has acquired the relevant land and has continuously owned it before it becomes virtually impracticable for him/her to use and benefit from the land;
3. One who has continuously owned the land after inheriting it from the person referred to in subparagraph 1 or 2.
(2) When the land, for which the claim is filed for its purchase pursuant to paragraph (1), meets the standards provided for in paragraph (3), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall purchase the land.
(3) Specific standards for assessing the land subject to such purchase shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 30 (Procedures, etc. for Filing Claims for Purchase)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall notify the purchase claimant of whether his/her land is subject to purchase, an estimated purchase price, etc. within one year after receipt of such claim for purchase pursuant to Article 29 (1).
(2) With respect to any land notified for the purpose of purchase pursuant to paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall formulate a purchase plan within a period not exceeding three years, as set by Presidential Decree and purchase the relevant land.
(3) The purchase price of the land subject to purchase (hereinafter referred to as “purchase price") shall be the amount appraised based on the published land prices under the Act on the Public Announcement of Real Estate Values, taking into account the location, shape, environment, current status of use, etc. of the relevant land. In such cases, the timing of calculating purchase prices, methods of calculating thereof, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016>
(4) Where land is purchased pursuant to paragraphs (1) through (3), procedures for its purchase and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 31 (Bearing of Expenses)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall bear the expenses incurred in appraising, assessing, etc. to calculate purchase prices.
(2) Where any purchase claimant retracts his/her purchase claim without good cause, notwithstanding paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may require the purchase claimant to bear all or some of the expenses incurred in appraising, assessing, etc. his/her land, etc., as prescribed by Presidential Decree: Provided, That the same shall not apply to the following cases:
1. Where the purchase price falls below a certain level set by Presidential Decree compared with an estimated purchase price;
2. Where the grounds for filing a claim for purchasing the land under Article 29 (1) cease to exist due to amendments or repeals of statutes.
(3) Where any purchase claimant who is liable to bear expenses pursuant to paragraph (2) fails to do so, such expenses shall be collected in the same manner as delinquent local taxes are collected.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 32 (Purchase of Lands through Consultation)
(1) Where deemed necessary to attain the objective of designating an urban natural park area, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may purchase any land and its fixtures (hereinafter referred to as “land, etc.") in an urban natural park area in consultation with the owner of such land.
(2) Where the land, etc. in an urban natural park area is purchased after consultation pursuant to paragraph (1), Articles 67 (1), 70, 71, 74, 75, 75-2, 76, 77, and 78 (5) through (7) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the timing and methods of, standards, etc. for calculating purchase prices.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 33 (Restrictions on Access to Urban Natural Park Areas, etc.)
(1) Where deemed necessary to protect urban natural park areas, to restore the damaged urban nature, to ensure the safety of persons who frequent urban natural park areas, and to serve the public interest, etc., the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may restrict or deny access by people or vehicles to a certain designated part of an urban natural park area for a specified period. <Amended on Jun. 9, 2020>
(2) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to restrict or deny access by people or vehicles to a certain designated part of an urban natural park area pursuant to paragraph (1), he/she shall publicly announce such measures by, for example, putting up signs indicating the details of restrictions on and prohibition of access.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 34 (Devolvement of Public Facilities)
Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to devolvement of public facilities constructed by the administrative agency after obtaining permission under the proviso to Article 27 (1) (referring to public facilities referred to in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act).
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER VI CREATION AND MANAGEMENT OF GREENBELTS
 Article 35 (Subdivision of Greenbelts)
Greenbelts shall be subdivided as follows according to their functions:
1. Buffer greenbelts: Greenbelts created to prevent air pollution, noise, vibration, foul odors, and other pollution equivalent thereto, various accidents, natural disasters, and other disasters corresponding thereto, etc.;
2. Scenic greenbelts: Greenbelts created to preserve and improve the natural environment of cities and to upgrade the urban scenery by improving and restoring damaged natural areas;
3. Connecting greenbelts: Linear greenbelts created to organically connect any park, river, mountain area, etc. in urban areas and furnish urban citizens with space in which they can relax, entertain, walk, etc.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 36 (Creation and Management of Greenbelts)
(1) Greenbelts shall be created and managed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun.
(2) Standards for creating and managing greenbelts referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 37 (Creation of Greenbelts for Specific Causes)
When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun designates a greenbelt according to the urban or Gun management plan to prevent environmental pollution or any accident that could be caused by certain activities, such as construction of facilities, etc., he/she may require anyone who incurs such specific cause to create and manage greenbelt, in whole or in part, as prescribed by Presidential Decree. <Amended on Apr. 14, 2011>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 38 (Permission to Occupy and Use Greenbelts, etc.)
(1) Anyone who intends to perform any of the following activities in any greenbelt shall obtain permission to occupy and use such greenbelt from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who manages the relevant greenbelt, as prescribed by Presidential Decree: Provided, That the same shall not apply to minor activities prescribed by Presidential Decree, including the thinning of any forest:
1. Installing any facility, building or structure, other than facilities needed to create the greenbelt;
2. Changing the form and quality of the land;
3. Felling or planting bamboo and trees;
4. Collecting soil and stones;
5. Piling up goods.
(2) Upon receipt of an application filed for permission under paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may grant permission on condition that the occupation and use of the greenbelt do not impede the purposes of creating the greenbelt and the creation, maintenance, and management of such greenbelt.
(3) Persons eligible to occupy and use the greenbelt after obtaining permission therefor pursuant to paragraph (1) and standards for occupying and using such greenbelt shall be determined by Presidential Decree.
(4) Paragraphs (1) and (2) shall apply mutatis mutandis in the case of any change in matters for which permission for occupation and use is granted.
(5) Article 24 (5) shall apply mutatis mutandis where any building is constructed or any structures are set up on the land, the classification of which is a site located in the greenbelt, and Article 25 shall apply mutatis mutandis to the restoration of any greenbelt.
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER VII COSTS
 Article 39 (Bearing of Costs)
(1) Costs involved in building and managing urban parks, park facilities and greenbelts shall be borne by the local government for which the administrative agency that builds and manages such urban parks, park facilities, greenbelts works, except as otherwise specified by this Act or other Acts.
(2) Article 19 (2) through (4) shall apply mutatis mutandis to bearing of costs for any urban park that spans at least two administrative areas.
(3) Costs incurred for the construction of any urban park or park facilities by any private park promoter in accordance with Article 21 (1) shall be borne by the operator.
(4) Where any urban park or park facilities are concurrently used with other structures, bearing of costs incurred for managing the relevant urban park or park facilities in accordance with Article 23 (1) shall be determined through mutual consultations between the park management agency and the manager of other structures.
(5) Where any greenbelt is created and managed pursuant to Article 37, costs incurred for creating and managing such greenbelt shall be determined through mutual consultations between the administrative agency in charge of managing the greenbelt and the person liable for the specific cause.
(6) When no agreement is reached in consultations provided for in paragraph (5), a joint application may be filed with the Minister of Land, Infrastructure and Transport for an adjudication thereon in cases the applicants are among the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor; and a joint application may be filed with a Do Governor for an adjudication thereon in cases the applicants are a Si and Gun. <Amended on Mar. 23, 2013>
(7) When the Minister of Land, Infrastructure and Transport or a Do Governor issues a ruling on the application filed for adjudication pursuant to paragraph (6), the agreement referred to in paragraph (5) shall be deemed reached. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 40 (Collection of Admission Fees, etc.)
(1) A park management agency, an entrusted park manager, or a person who manages an urban park or park facilities pursuant to Article 21 (1) may collect fees for admission to or use of park facilities only for urban parks equipped with park facilities that exceed the standard prescribed by Presidential Decree.
(2) The amount of admission fees and usage fees collected by park management agencies and entrusted park managers in accordance with paragraph (1) and matters necessary concerning the methods of collecting such fees shall be determined by ordinance of relevant local governments for which the relevant park management agencies work: Provided, That where anyone manages any urban park or park facilities built by anyone, other than a park management agency, after being entrusted by the management agency to manage such park, the amount of such admission fees and usage fees shall be determined by the relevant entrusted park manager.
(3) A person who manages an urban park or park facilities pursuant to the proviso to paragraph (2) and Article 21 (1) shall, when he/she decides on or changes admission fees, file a report thereon to the park management agency.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 41 (Collection of Fees for Occupation and Use)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may impose and collect fees for occupation and use from anyone who occupies and uses any urban park or greenbelt after obtaining permission therefor pursuant to Article 24 (1) or 38 (1): Provided, That the same shall not apply to any privately owned land.
(2) Matters necessary concerning the amount of fees for occupation and use referred to in paragraph (1) and methods of collecting such fees shall be determined by ordinance of the local government for which the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or head of a Si/Gun works.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 42 (Devolvement, etc. of Fees for Occupation and Use, etc.)
Admission fees, usage fees, and occupation fees for urban parks or greenbelts, and other revenues from urban parks and greenbelts shall become the revenue earned by the local governments that impose and collect them: Provided, That admission fees and usage fees collected by anyone pursuant to Article 40 (1) who manages any urban park or park facilities pursuant to Article 21 (1) shall become the revenue earned by the relevant collector.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 43 (Compulsory Collection of Fees for Occupation and Use)
With respect to anyone who fails to pay fees for occupation and use provided for in this Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall collect the fees for occupation and use in the same manner as delinquent local taxes are collected.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 44 (Subsidies to Cover Costs)
(1) Subsidies may be provided from the national treasury to fully or partially cover the costs incurred for urban park projects undertaken by park management agencies, as prescribed by Presidential Decree.
(2) With respect to the costs incurred for any urban park project undertaken by a person other than the park management agency, the relevant local government may partially subsidize such cost, as prescribed by Presidential Decree.
(3) A Mayor/Do Governor may provide subsidies to partially cover the costs incurred for urban park projects undertaken by the head of a Si/Gun, as prescribed by ordinance of the relevant local government. <Newly Inserted on Dec. 10, 2019>
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER VIII SUPERVISION
 Article 45 (Dispositions Against Violators of Statutes)
With respect to any of the following persons, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may revoke the permission granted under this Act, suspend the effect of such permission, suspend his/her business for up to three months, change such permission or take any other necessary dispositions against him/her, as prescribed by Presidential Decree:
1. One who has obtained permission provided for in Article 24 (1), the proviso to Article 27 (1) or Article 38 (1) by fraud or other improper means, or who has acted in violation of the permission;
2. One who has violated this Act, or any order or disposition prescribed in this Act.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 46 (Supervisory Disposition and Compensation for Loss for the Public Interest)
(1) In any of the following cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may take a disposition provided for in Article 45 against anyone who has obtained permission under Article 24 (1), the proviso to Article 27 (1) or Article 38 (1), as prescribed by Presidential Decree: <Amended on Apr. 14, 2011>
1. Where it becomes impracticable to implement matters permitted or to continue the urban park project or the greenbelt project on the grounds of changing circumstances;
2. Where it is necessary to undertake another urban or Gun planning facility project (referring to the urban or Gun planning facility project prescribed in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act, and limited to the installation of such urban planning facilities underground or in the air).
(2) When anyone suffers losses incurred by the disposition provided for in paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who takes such disposition shall compensate for such losses. In such cases, when such loss is incurred by the disposition provided for in paragraph (1) 2, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may require anyone who bears the cost of undertaking the urban or Gun planning facility project to compensate, fully or partially, for such losses. <Amended on Apr. 14, 2011>
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall consult with anyone who suffers losses about the compensation for such losses provided for in paragraph (2).
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun, or the person who suffers any losses may file an application with the competent Land Expropriation Committee for an adjudication, if no agreement is reached through consultation under paragraph (3) or such consultation cannot be held.
(5) Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the adjudication referred to in paragraph (4).
[This Article Wholly Amended on Sep. 16, 2011]
 Article 47 (Hearings)
When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to revoke permission provided for in this Act pursuant to Article 45 or 46, he/she shall hold a hearing thereon.
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER IX SUPPLEMENTARY RULES
 Article 48 (Special Cases concerning Cultural Heritage, etc.)
(1) When a Mayor/Do Governor intends to decide on an urban or Gun management plan for an urban park or greenbelt within the area designated as State-designated cultural heritage or protection area in accordance with the Cultural Heritage Protection Act, he/she shall pre-consult with the Administrator of the Cultural Heritage Administration thereabout. <Amended on Apr. 14, 2011>
(2) The urban park or greenbelt on which a decision is made after consultation pursuant to paragraph (1) shall be built and managed, as prescribed by the Cultural Heritage Protection Act.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 48-2 (Matters to be Considered when Designating Urban Parks)
(1) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to designate an urban park, he/she shall do so appropriately considering the timing of implementation of an urban or Gun planning facility project pursuant to subparagraph 10 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as “urban or Gun planning facility project”) and whether financing is available, etc. <Amended on Apr. 14, 2011>
(2) When an urban or a Gun management plan for building an urban park is determined, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall reflect the urban or Gun management plan in the phased implementation plan under Article 85 of the National Land Planning and Utilization Act to ensure prompt creation of the urban park. <Amended on Apr. 14, 2011>
(3) When a park creation project has not been performed after an urban or a Gun management plan for building an urban park was determined, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall review whether the urban park is required when five years have passed from the date on which the urban or Gun management plan was determined and publicly notified, and take appropriate measures, such as cancellation of designation of an urban park or implementation of the park creation project at the earliest possible date. <Amended on Apr. 14, 2011>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 49 (Prohibited Activities in Urban Parks, etc.)
(1) No one shall conduct any of the following activities in any urban park or greenbelt: <Amended on May 22, 2013>
1. Damaging park facilities;
2. Damaging trees or causing any tree to wither and die by injecting foreign materials into them;
3. Causing another person to feel uncomfortable by generating a loud noise or strong odor;
4. Abandoning wastes (limited to urine on a seat, in cases of urine) discharged by an accompanying pet and failing to remove the same;
5. Activities of using urban agricultural facilities for purposes other than for an urban agricultural purpose, such as processing, distributing, selling, etc. agricultural products;
6. Other activities prescribed by Presidential Decree as significantly obstructing the management of any urban park or greenbelt.
(2) No one shall conduct any of the following activities in any urban park prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Self-Governing City, a Special Self-Governing Province, a Si or Gun:
1. Peddling or selling goods on a street stall;
2. Entering any urban park with a dog without a leash attached to it.
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall put up signs at the entrances of the urban park where the activities specified in paragraph (2) are prohibited.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 50 (Urban Park Committee)
(1) A City/Do urban park committee may be established in a City/Do to perform the following functions related to parks and greenbelts:
1. Counseling on the master plan for parks and greenbelts;
2. Deliberation on park building plans;
3. Deliberation on urban afforestation plans;
4. Deliberation on other matters submitted by a Mayor/Do Governor in connection with parks and greenbelts.
(2) A Si/Gun urban park committee may be established in the relevant Si/Gun to deliberate on matters concerning counseling on the master plan for parks and greenbelts and matters concerning park building plans and parks and greenbelts that are submitted by the head of a Si/Gun.
(3) The City/Do urban park committee and the Si/Gun urban park committee shall, respectively, comprised of not less than ten members, including one chairperson and one vice chairperson.
(4) The members of the City/Do urban park committee and the Si/Gun urban park committee shall be appointed or commissioned by a Mayor/Do Governor or the head of a Si/Gun from among the public officials of relevant administrative agencies and the persons with abundant knowledge and experience in the field of parks and greenbelts, including urban parks, greenbelts, urban planning, scenery, landscape architecture, forestry, and urban ecology.
(5) Matters necessary for operating the City/Do urban park committee and the Si/Gun urban park committee shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, or Si/Gun.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 51 (Urban Park Registers)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall prepare and maintain a register of urban parks in its jurisdiction.
(2) Matters to be entered into the register of urban parks and matters necessary for preparing and maintaining the register shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 52 (Restrictions on Disposal of National and Public Property)
Land and pertinent fixtures in urban parks and greenbelts, which are owned by the State or local governments, shall be prohibited from being sold or transferred for purposes other than those prescribed by an urban or a Gun management plan. <Amended on Apr. 14, 2011>
[This Article Wholly Amended on Sep. 16, 2011]
 Article 52-2 (Recognition of Projects for Reducing Greenhouse Gas Emissions)
The Minister of Land, Infrastructure and Transport or the head of a relevant central administrative agency may recognize the whole or part of a project for creating an urban park and greenbelt project under this Act (referring to an urban or Gun planning facility project) as a project for reducing greenhouse gas emissions, as prescribed by relevant Acts, in consideration of the effects of absorbing greenhouse gases, etc. <Amended on Apr. 14, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER X PENALTY PROVISIONS
 Article 53 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jan. 6, 2015>
1. A person who builds and manages any urban park or park facilities without being entrusted or authorized, in violation of Article 20 (1) or 21 (1);
2. A person who builds and installs any facilities, buildings or structures in an urban park or a greenbelt without obtaining permission therefor or in violation of matters permitted, in violation of Article 24 (1), the proviso to Article 27 (1), or Article 38 (1);
3. A person who obtains permission provided for in Article 24 (1), the proviso to Article 27 (1), or Article 38 (1) by fraud or other improper means;
4. A person who collects admission fees from persons entering any urban park, in violation of Article 40 (1).
[This Article Wholly Amended on Sep. 16, 2011]
 Article 54 (Penalty Provisions)
Any of the following persons shall be subject to a fine not exceeding three million won:
1. A person who performs management, other than the maintenance and repair of any urban park or park facilities, in violation of the proviso to Article 23 (1);
2. A person who conducts any of the prohibited activities (excluding the person who falls under subparagraph 2 of Article 53) in any urban park, urban natural park area, or greenbelt without obtaining permission provided for in Article 24 (1), the proviso to Article 27 (1), or Article 38 (1), or in violation of the details of the permission;
3. Anyone who damages any park facilities, in violation of Article 49 (1) 1.
[This Article Wholly Amended on Sep. 16, 2011]
 Article 55 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, the corporation or an individual commits an offense referred to in Article 53 or 54 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be subject to a fine under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
[This Article Wholly Amended on Dec. 29, 2009]
 Article 56 (Administrative Fines)
(1) A person who fails to file a report pursuant to Article 40 (3), or who collects an entrance fee in excess of the amount reported shall be subject to an administrative fine not exceeding ten million won.
(2) A person who conducts any prohibited activity falling under Article 49 (1) 2 through 6 and any subparagraph of paragraph (2) of the same Article shall be subject to an administrative fine not exceeding 100,000 won. <Amended on May 22, 2013>
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, as prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 16, 2011]
ADDENDA <Act No. 7476, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to concerning Inclusion of Urban Parks and Plans for Securing Greenbelts in Development Plans)
Article 14 (2) shall apply, starting with the first development plan formulated pursuant to each subparagraph of the same paragraph and the first application filed for permission and approval, etc. of such plan after this Act enters into force.
Article 3 (Applicability to Subdivision of Urban Parks)
Article 15 shall apply, starting with the first urban park that is determined according to the urban management plan after this Act enters into force.
Article 4 (General Transitional Measures)
Any permission, decision, disposition, act, application or any other act against administrative agencies prescribed in the former provisions of the Urban Park Act as at the time this Act enters into force shall be deemed an act performed by or against administrative agencies pursuant to this Act.
Article 5 (Transitional Measures concerning Master Plan for Parks and Greenbelts)
(1) A person entitled to develop a master plan for parks and greenbelts shall develop a master plan for parks and greenbelts provided for in Article 5 and obtain approval therefor from the Minister of Construction and Transportation within five years from the date on which this Act enters into force.
(2) A person entitled to develop a master plan for parks and greenbelts shall, when approval is granted for the master plan for parks and greenbelts pursuant to paragraph (1), re-examine the overall urban management plan for urban parks, urban natural park areas or greenbelts in his/her jurisdiction and upgrade them.
(3) The master plan for parks and greenbelts for which the Do Governor grants approval pursuant to Article 9 shall apply, starting with the master plan for parks and greenbelts that is developed by the Mayor for the second time after this Act enters into force (including any change in the master plan for parks and greenbelts that is first developed).
Article 6 (Transitional Measures concerning Existing Urban Natural Parks)
(1) With respect to any urban natural park that is determined and notified according to the urban management plan at the time this Act enters into force, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall take necessary measures, such as designating an urban natural park area or changing urban planning facilities, etc., before the decision of an urban park prescribed in Article 17 of the Act, and Article 48 of the National Land Planning and Utilization Act ceases to have effect. <Amended by Act No. 9860, Dec. 29, 2009>
(2) Deleted. <Dec. 29, 2009>
(3) The management, etc. of any urban natural park shall be governed by Articles 19 through 25, and 39 through 56 of this Act until the urban natural park is designated as an urban natural park area provided for in paragraph (2).
Article 7 (Transitional Measures concerning Procedures for Developing Park Building Plans)
(1) Article 16 shall apply, starting with the first park building plan that is developed or changed after this Act enters into force.
(2) Where the park building plan is developed and determined pursuant to the former provisions of Article 4 of the Urban Park Act at the time this Act enters into force, such park building plan shall be deemed to be developed and determined pursuant to this Act.
Article 8 (Transitional Measures concerning Invalidation of Existing Urban Parks)
With respect to the urban park for which the decision on the urban planning facilities is publicly notified at the time this Act enters into force, where the park building plan provided for in Article 16 is not determined and publicly notified by the date on which ten years have lapsed from the date on which this Act enters into force, the decision on the urban management plan for urban parks shall cease to have effect on the day immediately following the day on which ten years have lapsed, notwithstanding Article 17.
Article 9 Omitted.
Article 10 (Relationship with Other Acts)
Where the previous Urban Park Act and its provisions are quoted by other Acts at the time this Act enters into force, and this Act has the provisions corresponding to the quoted provisions, this Act and the provisions equivalent thereto of this Act shall be deemed quoted in lieu of the former provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9860, Dec. 29, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (3) and (4), and 16-2 (3) and (4) shall enter into force six months after the date of promulgation.
(2) (Applicability to Change of Park Building Plan) The amended provisions of Article 16-2 (3) and (4) shall apply, beginning with the first park binding plan formulated or changed after this Act enters into force.
(3) (Transitional Measures concerning Review of Existing Urban Park) Notwithstanding the amended provisions of Article 48-2 (3), appropriate measures shall be taken for an urban park, after reviewing the same within three years from the date this Act enters into force, on which two years have passed from the date an urban management plan for building an urban park was determined and publicly announced at the time this Act enters into force.
(4) (Special Cases concerning Existing Urban Natural Park) The previous Urban Park Act shall apply to building or change of park facilities for an urban natural park pursuant to the previous Urban Park Act (referring to the Act before amendment made under Act No. 7476; hereafter the same shall apply in this paragraph): Provided, That the amended provisions of Articles 21-2, 48-2 and 52-2 may be applied to the development and management, etc. of an urban natural park.
ADDENDA <Act No. 10264, Apr. 15, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 27 (1) 1 (g) shall enter into force six months after the date of its promulgation.
(2) (Applicability to Exclusion of Restoration to Original State where Occupation Period of Urban Parks Expires) The Amended provisions of Article 25 (1) 2 shall also apply to any building or installments that must be restored to their original state because the occupation period has already expired at the time this Act enters info force, or to those that must be restored to their original state by a person who has been ordered to carry out such restoration.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 11060, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 2 (4) of Addenda shall enter into force on November 5, 2011; the amended provisions of Article 27 (1) 1 (h) six months after the date of its promulgation; Article 2 (6) of Addenda shall enter into force on April 15, 2012; and the amended provisions concerning a Special Self-Governing City and a Special Self-Governing City Mayor on July 1, 2012.
Article 2 Omitted.
ADDENDUM <Act No. 11581, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11800, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12977, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13051, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 14089, Mar. 22, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14239, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 (5), Article 27 (1) 1 and 5 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Joint Deliberation)
The amended provisions of Article 16 (5) shall apply from the cases of a City/Gun management plan on formulation of a basic plan for parks and greenbelts or decision regarding an urban park and a City/Gun management plan for formulation of a park building plan are firstly devised together after the same amended provisions enters into force.
Article 3 (Applicability to Permission for Occupation)
The amended provisions of Article 24 (5) shall apply from the cases the permission under Article 56 of the National Land Planning and Utilization Act pursuant to Article 47 (7) of the same Act is firstly obtained after this Act enters into force.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDUM <Act No. 14796, Apr. 18, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15675, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restrictions on Activities in Urban Natural Park Areas)
The amended provisions of Article 27 (1) 1 (g) (iii) shall begin to apply from the first permission obtained under Article 27 (1) after this Act enters into force.
ADDENDUM <Act No. 15998, Dec. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16808, Dec. 10, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16949, Feb. 4, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)