PARKING LOT ACT
Act No. 0, ,
Act No. 3165, Apr. 17, 1979
Act No. 3708, Dec. 31, 1983
Act No. 4230, Apr. 7, 1990
Act No. 4268, Dec. 27, 1990
Act No. 4381, May 31, 1991
Act No. 4437, Dec. 14, 1991
Act No. 4872, Jan. 5, 1995
Act No. 5115, Dec. 29, 1995
Act No. 5405, Aug. 30, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5902, Feb. 8, 1999
Act No. 6234, Jan. 28, 2000
Act No. 6655, Feb. 4, 2002
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Act No. 7055, Dec. 31, 2003
Act No. 7428, Mar. 31, 2005
Act No. 7545, May 31, 2005
Act No. 7596, Jul. 13, 2005
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9069, Mar. 28, 2008
Act No. 9341, Jan. 7, 2009
Act No. 10159, Mar. 22, 2010
Act No. 10221, Mar. 31, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10790, jun. 8, 2011
Act No. 11191, Jan. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
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Act No. 13488, Aug. 11, 2015
Act No. 13804, Jan. 19, 2016
Act No. 14343, Dec. 2, 2016
Act No. 14720, Mar. 21, 2017
Act No. 14952, Oct. 24, 2017
Act No. 14939, Oct. 24, 2017
Act No. 15737, Aug. 14, 2018
Act No. 16005, Dec. 18, 2018
Act No. 16636, Nov. 26, 2019
Act No. 16831, Dec. 24, 2019
Act No. 16951, Feb. 4, 2020
Act No. 17091, Mar. 24, 2020
Act No. 17453, jun. 9, 2020
Act No. 17554, Oct. 20, 2020
Act No. 17900, Jan. 12, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the convenience and safety of the public through smooth flow of vehicular traffic by providing necessary matters concerning the establishment, maintenance and management of parking lots. <Amended on Dec. 24, 2019>
[This Article Wholly Amended on Mar. 22, 2010]
The terms used in this Act are defined as follows: <Amended on Jun. 8, 2011; Jan. 17, 2012; Jan. 19, 2016>
| 1. | The term "parking lot" means any of the following facilities for the parking of motor vehicles: |
| (a) | On-road parking lot: A parking lot set up in a specific area of the surface of a road or traffic plaza (limited to an intersection traffic plaza; hereinafter the same shall apply), for the use of the general public; |
| (b) | Off-road parking lot: A parking lot set up in a place, other than the surface of a road and a traffic plaza, for the use of the general public; |
| (c) | Annexed parking lot: A parking lot set up pursuant to Article 19, and annexed to a building, golf practice course, or other facility which creates demand for parking, for the use of the users of the said building structure or facility or for the use of the general public; |
| 2. | The term "mechanical parking equipment" means parking equipment set up in an off-road parking lot and an annexed parking lot, which moves motor vehicles to their parking places by using mechanical equipment; |
| 3. | The term "mechanical parking lot" means an off-road parking lot and an annexed parking lot in which mechanical parking equipment is set up; |
| 7. | The term "single parking bay" means an area in which one motor vehicle may be parked; |
| 8. | The term "parking area" means an entire area consisting of one or more single parking bays; |
| 9. | The term "exclusive parking area" means a parking area where parking is allowed only for a specific motor vehicle, such as a light motor vehicle provided in Article 6 (1); |
| 11. | The term "exclusive parking building" means a building that is used as a parking lot with at least the ratio prescribed by Presidential Decree, out of its gross floor area; |
| 13. | The term "repair business for mechanical parking equipment" means the business of repairing any breakdown in mechanical parking equipment or providing maintenance services for the prevention thereof. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 3 (Fact-Finding Surveys on Supply of and Demand for Parking Lots and Safety Management) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") shall determine a survey district (hereinafter referred to as "survey district") taking comprehensive account of an administrative zone, specific-use area, specific-use district, etc., and shall conduct a regular survey (hereinafter referred to as "fact-finding survey on supply and demand") on the actual status of supply of and demand for parking lots for each survey district, in order to use such survey as basic data for establishing and managing parking lots. <Amended on Dec. 18, 2018; Dec. 24, 2019> |
| (2) | In order to prevent safety-related accidents in parking lots, the head of a Si/Gun/Gu shall regularly inspect ramps of parking lots installed in areas subject to survey and other elements harmful to the safety of users and shall conduct a fact-finding survey on safety management (hereinafter referred to as "fact-finding survey on safety management"). <Newly Inserted on Dec. 24, 2019> |
| (3) | Matters regarding the method and cycle of a fact-finding survey on supply and demand and fact-finding survey on safety management, and method for selecting areas subject to survey, etc. shall be stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 24, 2019> |
[This Article Wholly Amended on Mar. 22, 2010]
[Title Amended on Dec. 24, 2019]
| Article 4 (Designation of Parking Environment Improvement Districts) |
| (1) | The head of a Si/Gun/Gu may designate a survey district within any of the following areas as a parking environment improvement district for the purposes of easing a parking shortage and ensuring the smooth flow of traffic, if the results of a survey on actual status reveal that the rate of securing parking lots (referring to the rate dividing the number of single parking bays by the registered number of motor vehicles; if other statutes or regulations require that a garage be secured for a specific type of motor vehicle, the registered number of such motor vehicles and the number of garages shall not be included in the calculation of the rate) is not more than the rate prescribed by ordinance of the relevant local government: <Amended on Jun. 9, 2020> |
| 2. | Areas adjacent to the residential area under subparagraph 1 which are determined by ordinance of the relevant local government. |
| (2) | The designation of a parking environment improvement district under paragraph (1) shall be determined by the head of a Si/Gun/Gu by establishing a designation and management plan for parking environment improvement districts. |
| (3) | When the head of a Si/Gun/Gu has designated a parking environment improvement district pursuant to paragraph (2), he or she shall set the annual targets for the management thereof, and analyze the effect of improving the supply and demand status of parking lots each year. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 4-2 (Designation and Management Plans for Parking Environment Improvement Districts) |
| (1) | A designation and management plan for parking environment improvement districts under Article 4 (2) shall contain all of the following: |
| 1. | Designated districts as parking environment improvement districts, and the necessity for designation; |
| 2. | Target and method of managing parking environment improvement districts; |
| 3. | Actual status of supply of and demand for parking lots and characteristics of their use; |
| 4. | Forecast on the short- and long-term demand for parking; |
| 5. | Annual plan for expanding parking lots and creating financial resources; |
| 6. | Measures necessary for achieving the purpose of designating parking environment improvement districts, such as the preferential supply of off-road parking lots. |
| (2) | When the head of a Si/Gun/Gu intends to establish a designation and management plan for parking environment improvement districts under Article 4 (2), he or she shall first seek the opinions of local residents, relevant experts, etc. by holding a public hearing. The same shall also apply where the head of a Si/Gun/Gu intends to change important matters prescribed by Presidential Decree. |
| (3) | When the head of a Si/Gun/Gu has established or changed a designation and management plan for parking environment improvement districts pursuant to paragraph (2), he or she shall provide public notice thereof. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 4-3 (Revocation of Designation of Parking Environment Improvement Districts) |
Where the head of a Si/Gun/Gu deems that the purpose of designating parking environment improvement districts under Article 4 (1) has been achieved, he or she shall revoke such designation and provide public notice thereof. [This Article Wholly Amended on Mar. 22, 2010]
| Article 5 (Delegation of Authority) |
Part of the authority of the Minister of Land, Infrastructure and Transport vested under this Act may be delegated to 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, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Dec. 18, 2018>
[This Article Wholly Amended on Mar. 22, 2010]
| Article 6 (Standards for Parking Lot Facilities) |
| (1) | Necessary matters concerning the standards, etc. for structure, facilities, and safety of parking lots shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, an exclusive parking area (including charging facilities, in cases of environment-friendly motor vehicles) may be determined with a specific ratio of the relevant parking lot, in regard to a motor vehicle, the displacement of which is less than 1,000 cubic centimeters under the Motor Vehicle Management Act (hereinafter referred to as "light motor vehicle") and an environment-friendly motor vehicle under subparagraph 2 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles (hereinafter referred to as “environment-friendly motor vehicle”). <Amended on Mar. 23, 2013; Jan. 19, 2016; Oct. 24, 2017; Dec. 24, 2019> |
| (2) | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, and a Si/Gun/autonomous Gu may, if deemed required by taking account of the actual status, etc. of parking lots in the relevant area, separately stipulate necessary matters concerning the standards, etc. for structure, facilities, and safety of parking lots as determined by ordinance of the relevant local government, notwithstanding the former part of paragraph (1). <Amended on Dec. 18, 2018; Dec. 24, 2019> |
| (3) | A person intending to install a parking lot on a slope determined by Ordinance of the Ministry of Land, Infrastructure and Transport shall have in place facilities for preventing parked vehicles from slipping, such as a wooden prop, and a slippery warning sign, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.<Newly Inserted on Dec. 24, 2019> |
| (4) | A Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu shall comply with the relevant urban or Gun management plan and the relevant basic plan for urban traffic improvement under the Urban Traffic Improvement Promotion Act when installing an on-road parking lot or off-road parking lot; and he or she shall seek the opinions of the chief of the competent police station and the chief of the competent fire station before installing an on-road parking lot. <Amended on Apr. 14, 2011; Oct. 24, 2017; Dec. 24, 2019> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 6-2 (Designation of Areas for Management of Parking of Motorcycles) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may designate an area needed to manage the parking of motorcycles (referring to motorcycles provided in subparagraph 18 (a) of Article 2 of the Road Traffic Act and motorbikes provided in subparagraph 19 of Article 2 of the same Act; hereafter in this Article the same shall apply) as an area for the management of the parking of motorcycles. |
| (2) | When designating an area for the management of the parking of motorcycles under paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu shall allot a specific ratio of the relevant local parking lot as an exclusive parking area for motorcycles. |
| (3) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu has designated an area for the management of the parking pursuant to paragraph (1), he or she shall provide public notice thereof. |
[This Article Newly Inserted on Jan. 17, 2012]
| Article 6-3 (Establishment of Association) |
| (1) | A person who engages in parking lot business or any business related thereto may establish a trade association for parking lot business (hereinafter referred to as “association”) to improve related systems and to promote the sound development of the business. |
| (2) | The association shall be a corporation. |
| (3) | The association shall be established at the time when it registers such establishment at the location of its main office after obtaining authorization from the Minister of Land, Infrastructure and Transport. |
| (4) | Matters concerning member qualifications, executive officers, business affairs, etc. of the association shall be prescribed by its articles of association. |
| (5) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the association. |
[This Article Newly Inserted on Jan. 19, 2016]
CHAPTER III ON-ROAD PARKING LOTS
| Article 7 (Establishment and Closure of On-Road Parking Lots) |
| (2) | Deleted. <Dec. 29, 1995> |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu shall, without delay, close down the relevant on-road parking lot in any of the following cases: <Amended on Mar. 22, 2010; Jan. 12, 2021> |
| 1. | Where the parking of motor vehicles at an on-road parking lot hinders the operation of public transport or other traffic flow; |
| 2. | Where an on-road parking lot becomes unnecessary due to the establishment, etc. of an off-road parking lot replacing the on-road parking lot; |
| (4) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may designate an on-road parking lot as a parking area for loading and unloading of freight (hereinafter referred to as "parking area for loading and unloading"), taking account of the traffic conditions of the relevant area. In such cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may prohibit motor vehicles (excluding emergency motor vehicles under subparagraph 22 of Article 2 of the Road Traffic Act), other than freight trucks, from being parked at the parking area for loading and unloading, as stipulated by ordinance of the relevant local government. <Amended on Mar. 22, 2010; Jun. 8, 2011> |
[This Article Wholly Amended on Apr. 7, 1990]
[Title Amended on Mar. 22, 2010]
| Article 8 (Management of On-Road Parking Lots) |
| (1) | An on-road parking lot shall be managed either by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu who has established the on-road parking lot under Article 7 (1), or by a person (hereinafter referred to as "entrustee of on-road parking lot management") entrusted with the management of the on-road parking lot by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu. |
| (2) | The qualifications of the entrustee of on-road parking lot management, and other necessary matters for the management of on-road parking lots shall be stipulated by ordinance of the relevant local government. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 8-2 (Restrictions on Parking at On-Road Parking Lots) |
| (1) | Where the driver of a motor vehicle, or the person responsible for the management of a motor vehicle falls under any of the following cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may order the relevant driver or person to change a parking method, or to move his or her motor vehicle from the place where the motor vehicle is parked: Provided, That this shall not apply to emergency motor vehicles provided in subparagraph 22 of Article 2 of the Road Traffic Act: <Amended on Jun. 8, 2011> |
| 1. | Where he or she parks the motor vehicle, other than a freight truck, at a parking area for loading and unloading provided in Article 7 (4); |
| 2. | Where he or she parks the motor vehicle without paying a parking fee provided in Article 9 (1) without good cause; |
| 3. | Where he or she parks the motor vehicle, in violation of any restrictive measure provided in the subparagraphs of Article 10 (1); |
| 4. | Where he or she parks the motor vehicle in a spot other than designated parking areas within a parking lot; |
| 5. | Where he or she uses a parking lot for non-parking purposes. |
| (2) | In any case falling under the subparagraphs of paragraph (1), when the driver of the relevant motor vehicle or the person responsible for the management thereof is not on the scene, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may, at his or her discretion, change the method of parking such motor vehicle or take measures necessary therefor, to the extent necessary for the efficient use of the parking lot, for the safety of its users and for the smooth flow of traffic on road, and may move such motor vehicle to a different place designated in advance or install a movement-restricting device on such motor vehicle. <Amended on Dec. 24, 2019> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 9 (Collection of Parking Fees for On-Road Parking Lots) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, the head of a Si/Gun/Gu, or an entrustee of on-road parking lot management, who manages an on-road parking lot pursuant to Article 8 (1) (hereinafter referred to as "on-road parking lot manager"), may collect parking fees from the persons who park their motor vehicles at the on-road parking lot: Provided, That he or she shall not collect parking fees for emergency motor vehicles provided in subparagraph 22 of Article 2 of the Road Traffic Act, and parking fees shall be reduced or exempted by not less than 50/100 in cases of light motor vehicles and environment-friendly motor vehicles. <Amended on Jun. 8, 2011; Jan. 19, 2016> |
| (2) | The rate, collection method, etc. of parking fees provided in paragraph (1) shall be stipulated by ordinance of the relevant local government. In such cases, the parking fees may, if necessary for the efficient use of the on-road parking lot, be decided otherwise according to the hours of using it. |
| (3) | In any case falling under the subparagraphs of Article 8-2 (1), an on-road parking lot manager may collect not only parking fees provided in paragraph (1), but also additional charges equivalent to an amount not exceeding four times such parking fees as stipulated by ordinance of the relevant local government, from the driver of the relevant motor vehicle, or the person responsible for the management thereof. |
| (4) | When a person who fails to pay parking fees provided in paragraph (1) or additional charges provided in paragraph (3) (hereinafter referred to as "parking fees, etc."), an on-road parking lot manager who is the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may collect such parking fees, etc. from such person in the same manner as delinquent local taxes are collected. |
| (5) | An on-road parking lot manager who is an entrustee of on-road parking lot management may entrust the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu with the collection of parking fees, etc. from a person who fails to pay the parking fees, etc., and the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu, if so entrusted with the collection, may collect such parking fees, etc., pursuant to paragraph (4). |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 10 (Restrictions on Use of On-Road Parking Lots) |
| (1) | If necessary for the smooth traffic flow or the efficient use of an on-road parking lot, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may take any of the following restrictive measures: Provided, That any emergency motor vehicle provided in subparagraph 22 of Article 2 of the Road Traffic Act may be parked at an on-road parking lot, irrespective of such restrictive measures: <Amended on Jun. 8, 2011; Mar. 23, 2013; Jan. 19, 2016; Jun. 9, 2020> |
| 1. | Temporary restriction on the use of all or part of an on-road parking lot; |
| 2. | Restriction on parking hours for each motor vehicle; |
| 3. | Establishment of exclusive parking areas for motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and for light motor vehicles and environment-friendly motor vehicles in part of an on-road parking lot. |
| (2) | Where the restrictive measures provided in paragraph (1) are to be taken, the details thereof shall be publicly announced or posted in advance. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 10-2 (Responsibilities of On-Road Parking Lot Managers) |
| (1) | An on-road parking lot manager shall conscientiously manage and operate the parking lot and shall endeavor to ensure the safety of its users and proper maintenance and management of its facilities, as stipulated by ordinance of the relevant local government.<Amended on Dec. 24, 2019> |
| (2) | Except where an on-road parking lot manager proves that he or she has not been negligent in performing his or her duties in good faith with respect to a motor vehicle parked at the relevant parking lot, the on-road parking lot manager shall not be exempt from liability to indemnify losses incurred from the destruction or damage of a motor vehicle. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 11 (Signs of On-Road Parking Lots) |
| (1) | An on-road parking lot manager shall install signs in the on-road parking lot (including markings of an exclusive parking area) and place demarcation lines on the on-road parking lot. |
| (2) | In addition to the signs in a parking lot under paragraph (1), an on-road parking lot manager shall install signs indicating parking fees and other information on the use of the on-road parking lot, as stipulated by ordinance of the relevant local government. |
[This Article Wholly Amended on Mar. 22, 2010]
CHAPTER IV OFF-ROAD PARKING LOTS
| Article 12 (Establishment of Off-Road Parking Lots) |
| (1) | A person who establishes or closes off-road parking lots shall inform the head of a Si/Gun/Gu of such, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply where notified matters on the establishment have been changed. <Amended on Mar. 22, 2010; Mar. 23, 2013> |
| (2) | Where an off-road parking lot is established, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may designate an area for parking freight trucks, as stipulated by ordinance of the relevant local government, if it is deemed necessary to have a space to park freight trucks in the relevant off-road parking lot. In such cases, the size of an area to be designated, method, procedure, etc. of such designation shall be stipulated by ordinance of the relevant local government. <Amended on Mar. 22, 2010> |
| (3) | Deleted. <Feb. 8, 1999> |
| (4) | Deleted. <Feb. 8, 1999> |
| (5) | Deleted. <Feb. 8, 1999> |
| (6) | 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 may impose restrictions on the establishment of an off-road parking lot in an area where the establishment of the off-road parking lot could aggravate traffic congestion. In such cases, the standards for the designation of restricted areas and for the restriction of establishment shall be stipulated by ordinance of the relevant local government, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 22, 2010; Mar. 23, 2013; Dec. 18, 2018> |
[This Article Wholly Amended on Apr. 7, 1990]
[Title Amended on Mar. 22, 2010]
| Article 12-2 (Relationship to Other Statutes) |
| 1. | Building-to-land ratio: Not more than 90/100; |
| 2. | Floor-area ratio: Not more than 1500 percent; |
| 3. | Minimum ground area: Not less than 45 square meters; |
| 4. | Height limit: Not more than the following scale factors: |
| (a) | Where the land adjoins a road, the width of which is less than 12 meters: The height of each part of a building shall be three times the horizontal distance from the respective part of the building to the other boundary line of the road adjoining the ground (referring to the widest road if the ground adjoins two or more roads; hereafter in this subparagraph the same shall apply); |
| (b) | Where the land adjoins a road, the width of which is not less than 12 meters: The height of each part of a building shall be the scale factor calculated by dividing 36 times the horizontal distance from the respective part of the building to the other boundary line of the road adjoining the ground, by the width of the road (in meters): Provided, That if the scale factor is less than 1.8, 1.8 shall apply. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 12-3 (Off-Road Parking Lots Established under Complex Development Projects) |
| (1) | When conducting a housing site development project, an industrial complex development project, an urban redevelopment project, an urban railway construction project, and other projects for the development of complexes, etc. (hereinafter referred to as "complex development projects, etc."), an off-road parking lot which is not less than a certain scale shall be established. |
| (2) | The types and scales of complex development projects, etc., and the size and management method of off-road parking lots shall be prescribed by ordinance of the relevant local government. |
| (3) | An exclusive parking area for light motor vehicles and environment-friendly motor vehicles shall be established in excess of the rate prescribed by Presidential Decree in an off-road parking lot to be built by the complex development projects, etc. under paragraph (1). <Amended on Jan. 19, 2016> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 13 (Management of Off-Road Parking Lots) |
| (1) | An off-road parking lot shall be managed by the person who establishes it. |
| (2) | If the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu establishes an off-road parking lot, each of them may entrust the management thereof to a person other than the Special Metropolitan City Mayor, a Metropolitan City Mayor or the head of a Si/Gun/Gu. |
| (3) | The eligibility of a person who may manage an off-road parking lot upon entrustment by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu under paragraph (2), shall be stipulated by ordinance of the relevant local government. |
| (4) | Article 8 (3) shall apply mutatis mutandis to a person entrusted with the management of an off-road parking lot under paragraph (2). In such cases, "entrustee of on-road parking lot management" shall be construed as "person entrusted with the management of an off-road parking lot". |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 14 (Collection of Parking Fees for Off-Road Parking Lots) |
| (1) | A person who manages an off-road parking lot under Article 13 (hereinafter referred to as "off-road parking lot manager") may collect parking fees from persons who park their motor vehicles in the off-road parking lot. |
| (2) | Necessary matters concerning the rate and method of collecting parking fees for an off-road parking lot established by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu shall be stipulated by ordinance of the relevant local government: Provided, That in cases of a light motor vehicle and an environment-friendly motor vehicle, the parking fees shall be reduced or exempted by not less than 50/100. <Amended on Jan. 19, 2016> |
| (3) | In cases falling under the subparagraphs of Article 15 (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu, who is an off-road parking lot manager, may collect parking fees, etc. in a compulsory manner. In such cases, Article 9 (3) and (4) shall apply mutatis mutandis. <Newly Inserted on Jan. 19, 2016> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 15 (Management Methods) |
| (1) | Necessary matters concerning the management and operation of an off-road parking lot established by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu shall be prescribed by ordinance of the relevant local government. |
| (2) | Article 8-2 (2) and (3) shall apply mutatis mutandis in any of the following cases: <Amended on Jan. 19, 2016> |
| 1. | Where any person parks his or her motor vehicle without paying a parking fee under Article 14 (1) without good cause; |
| 2. | Where any person uses an off-road parking lot for any purpose other than parking purposes; |
| 3. | Where any person parks his or her motor vehicle at a place other than a designated parking area in an off-road parking lot. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 16 Deleted. <Feb. 8, 1999> |
| Article 17 (Responsibilities of Off-Road Parking Lot Managers) |
| (1) | An off-road parking lot manager shall conscientiously manage and operate the parking lot and shall endeavor to ensure the safety of its users and proper maintenance and management of its facilities, as prescribed by ordinance of the relevant local government. <Amended on Dec. 24, 2019> |
| (2) | No off-road parking lot manager shall refuse the use of the parking lot for the period of public use without good cause. |
| (3) | Except where an off-road parking lot manager proves that he or she has not been negligent in performing his or her duties in good faith with respect to the safekeeping of a motor vehicle parked in the relevant parking lot, the off-road parking lot manager shall not be exempt from liability to indemnify losses incurred from the destruction or damage of a motor vehicle. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 18 (Signs of Off-Road Parking Lots) |
| (1) | The manager of an off-road parking lot shall install signs (including markings of an exclusive parking area) necessary to facilitate the convenience of users of the parking lot under his or her management. <Amended on Dec. 2, 2016> |
| (2) | The types and forms of the signs under paragraph (1), and other matters necessary for the installation of the signs shall be stipulated by ordinance of the relevant local government. |
[This Article Wholly Amended on Mar. 22, 2010]
CHAPTER V ANNEXED PARKING LOTS
| Article 19 (Establishment and Designation of Annexed Parking Lots) |
| (1) | A person who intends to build or set up a building, a golf practice course or other facility which creates demand for parking (hereinafter referred to as "facility") in an urban area provided in the National Land Planning and Utilization Act, a district unit planning zone provided in Article 51 (3) of the same Act, or a management area prescribed by ordinance of the relevant local government, shall establish an annexed parking lot (including a parking lot for the loading and unloading of freight and for the performance of other business; hereinafter the same shall apply) inside such facility or on the site thereof. <Amended on Apr. 14, 2011> |
| (2) | An annexed parking lot may be provided for the users of the relevant facility or for the general public. |
| (3) | The types of facilities and the establishment standards for annexed parking lots provided in paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | If the scale of an annexed parking lot does not exceed the scale prescribed by Presidential Decree in cases falling under paragraph (1), it may be established in the neighborhood of the site of the facility independently or jointly with any other facility, notwithstanding the said paragraph. In such cases, the scope of the neighborhood of the site of such facility shall be stipulated by ordinance of the relevant local government, within the scope prescribed by Presidential Decree. |
| (5) | If the location, usage, and scale of a facility and the scale of an annexed parking lot comply with the standards prescribed by Presidential Decree in cases falling under paragraph (1), costs to be incurred in establishing the relevant parking lot may be paid to the head of a Si/Gun/Gu, instead of establishing such parking lot. In such cases, the costs paid in lieu of establishing an annexed parking lot shall not be used for any purpose other than the establishment of an off-road parking lot. |
| (6) | The head of a Si/Gun/Gu shall grant, to a person who has paid the establishment costs of an annexed parking lot under paragraph (5), a right (hereafter in this Article referred to as "right to use of an off-road parking lot free of charge") to use an off-road parking lot (limited to an off-road parking lot established by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu) free of charge to the extent equivalent to the paid establishment cost, as prescribed by Presidential Decree: Provided, That this shall not apply where no off-road parking lot exists for such person to have the right to use of the off-road parking lot free of charge within the extent prescribed in the latter part of paragraph (4) from the site of the relevant facility. |
| (7) | Where the head of a Si/Gun/Gu is unable to grant the right to use of an off-road parking lot free of charge pursuant to the proviso of paragraph (6), he or she may reduce the establishment costs of a parking lot provided in paragraph (5). |
| (8) | Where the owner of a facility is changed, a new owner shall succeed to the right to use of an off-road parking lot free of charge. |
| (9) | Necessary matters concerning the standards, etc. for calculating and reducing the establishment costs provided in paragraphs (5) and (7) shall be stipulated by ordinance of the relevant local government. |
| (10) | Notwithstanding paragraphs (1) and (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 may impose restrictions on the establishment of an annexed parking lot in an area where the establishment of the annexed parking lot might aggravate traffic congestion. In such cases, the standards for the designation of restricted areas and for the restriction on establishment shall be stipulated by ordinance of the relevant local government, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 18, 2018> |
| (11) | Among existing facilities that have once met the establishment standards for annexed parking lots, but fail to meet them due to amendments to the establishment standards for annexed parking lots provided in paragraph (3), with regard to facilities prescribed by Presidential Decree, the head of a Si/Gun/Gu may recommend the owners to establish annexed parking lots to meet the amended establishment standards therefor. |
| (12) | Where a person recommended to establish an annexed parking lot under paragraph (11) intends to establish an annexed parking lot, the head of a Si/Gun/Gu may give priority to supporting the establishment costs of the annexed parking lot under Article 21-2 (6). |
| (13) | The head of a Si/Gun/Gu may designate parking lots annexed to public institutions or other facilities prescribed by Presidential Decree as open parking lots available to the general public (hereinafter referred to as "open parking lots") where necessary to address parking needs. <Newly Inserted on Feb. 4, 2020> |
| (14) | The head of a Si/Gun/Gu may request cooperation from the manager of a facility to designate an open parking lot. In such cases, the person so requested shall comply therewith, except under special circumstances. <Newly Inserted on Feb. 4, 2020> |
| (15) | Matters regarding the procedures necessary for designating open parking lots, opening hours, subsidization, and liability relating to the management and operation of facilities shall be prescribed by ordinance of the relevant local government. <Newly Inserted on Feb. 4, 2020> |
[This Article Wholly Amended on Mar. 22, 2010]
[Title Amended on Feb. 4, 2020]
| Article 19-2 (Plans for Establishment of Annexed Parking Lots) |
A person who establishes an annexed parking lot shall submit a plan for the establishment of the annexed parking lot, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, when he or she applies for permission of or, files a report on the construction or establishment of the facilities: Provided, That where an annexed parking lot needs to be established due to the alteration of the use of facilities, a plan for the establishment of an annexed parking lot shall be submitted when a report on the alteration of the use of facilities is filed (referring to a time prior to the alteration of the use if the facilities are not subject to reporting on the alteration of the use). <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-3 (Management Methods for Annexed Parking Lots) |
| (1) | An annexed parking lot manager may collect parking fees from persons who park their cars at the annexed parking lot. |
| (2) | Article 17 shall apply mutatis mutandis to an annexed parking lot manager under paragraph (1). |
| (3) | The head of a Si/Gun/Gu may take the measures under Article 8-2 (2) in any of the following cases: <Newly Inserted on Feb. 4, 2020> |
| 1. | Where a motor vehicle is parked in a spot other than the designated parking areas within an open parking lot; |
| 2. | Where a motor vehicle is parked in violation of the designated opening hours of an open parking lot. |
[This Article Wholly Amended on Mar. 22, 2010]
[Title Amended on Feb. 4, 2020]
| Article 19-4 (Prohibition of Alteration of Use of Annexed Parking Lots) |
| (1) | No annexed parking lot shall be used for any purpose other than a parking lot: Provided, That this shall not apply to an annexed parking lot falling under any of the following: <Amended on Mar. 18, 2014> |
| 1. | Where the location of a parking lot is changed inside facilities or within the site thereof (where an annexed parking lot is built in the vicinity of a site for the relevant facilities under Article 19 (4), referring to the relevant site), which are deemed, by the head of a Si/Gun/Gu, not to cause inconvenience to the use of the parking lot; |
| 2. | Where a parking lot built inside facilities is relocated to a neighboring site which has been secured later, which are deemed, by the head of a Si/Gun/Gu, not to cause inconvenience to the use of the parking lot; |
| 3. | Other cases which meet standards prescribed by Presidential Decree. |
| (2) | The owner of facilities or a person responsible for managing an annexed parking lot shall maintain the original functions of the annexed parking lot in order to prevent the users of the relevant facilities from having any problem in using the annexed parking lot: Provided, That this shall not apply to cases which meet the standards prescribed by Presidential Decree. |
| (3) | Where the owner of facilities or a person responsible for managing an annexed parking lot uses the annexed parking lot for other purposes or fails to maintain the original functions of the annexed parking lot, in violation of paragraph (1) or (2), the head of a Si/Gun/Gu shall order, without delay, the owner of the facilities or the person responsible for managing the annexed parking lot to reinstate the annexed parking lot. In such cases, if the owner of the facilities or the person responsible for managing the annexed parking lot fails to comply with the said order, the reinstatement thereof may be vicariously executed in accordance with the Administrative Vicarious Execution Act. |
| (4) | If an annexed parking lot is used for other purposes, or the original functions thereof are not maintained, in violation of paragraphs (1) or (2); the relevant facilities shall be deemed a non-compliant building under Article 79 (1) of the Building Act and thus shall be governed by the main clause of paragraph (2) of the same Article. |
[This Article Wholly Amended on Mar. 22, 2010]
CHAPTER V-2 MECHANICAL PARKING LOTS
| Article 19-5 (Standards for Establishment of Mechanical Parking Lots) |
| (1) | The standards for the establishment of mechanical parking lots shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 14, 2018> |
| (2) | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing Province, or a Si/Gun/autonomous Gu may prescribe the following matters in ordinances of the relevant local government after determining a district in consideration of the local conditions: <Newly Inserted on Aug. 14, 2018> |
| 1. | Number of mechanical parking equipment to be installed; |
| 2. | Types of mechanical parking equipment; |
| 3. | Ratio of mechanical parking equipment to the number of spots in an annexed parking lot. |
[This Article Wholly Amended on Mar. 22, 2010]
[Title Amended on Aug. 14, 2018]
| Article 19-6 (Safety Certification of Mechanical Parking Equipment) |
| (1) | A person who intends to transfer, lease or install mechanical parking equipment by manufacturing, assembling or importing it (hereinafter referred to as "manufacturer, etc.") shall have obtained certification of the safety of the mechanical parking equipment (hereinafter referred to as "safety certification") from the head of a Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply where a change (excluding changes to minor matters prescribed by Presidential Decree) is to be made to the said equipment. |
| (2) | A person who intends to obtain safety certification under paragraph (1) shall first submit the assembly drawings of the relevant mechanical parking equipment, the drawing of safety equipment, and other documents stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport, to an inspection agency designated by the Minister of Land, Infrastructure and Transport, and shall undertake a safety inspection by the inspection agency. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-7 (Issuance of Safety Certificates) |
Where the head of a Si/Gun/Gu deems that mechanical parking equipment meets the safety standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall issue a safety certificate of the mechanical parking equipment to a manufacturer, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-8 (Revocation of Safety Certification) |
| (1) | Where a manufacturer, etc. falls under any of the following, the head of a Si/Gun/Gu may revoke safety certification: |
| 1. | Where the manufacturer, etc. obtains the safety certification by fraud or other improper means; |
| 2. | Where the manufacturer, etc. transfers, leases, or installs the mechanical parking equipment by manufacturing, assembling or importing the mechanical parking equipment different from one for which safety certification is obtained; |
| 3. | Where the manufacturer, etc. fails to meet the safety standards under Article 19-7. |
| (2) | A manufacturer, etc. shall return a safety certificate under Article 19-7, if the safety certification is revoked. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-9 (Pre-Service Inspection of Mechanical Parking Lots) |
| (1) | Where a mechanical parking lot is to be established, the mechanical parking equipment, for which safety certification is obtained, shall be used. |
| (2) | A person who establishes a mechanical parking lot under paragraph (1) or the manager of the relevant mechanical parking lot (hereinafter referred to as "manager, etc. of a mechanical parking lot") shall undertake any of the following inspections on the mechanical parking lot which are conducted by the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the head of a Si/Gun/Gu may postpone any of such inspections if extenuating circumstances prescribed by Presidential Decree exist: <Amended on Mar. 23, 2013> |
| 1. | Pre-service inspection: An inspection conducted prior to its use after finishing the establishment of a mechanical parking lot; |
| 2. | Periodic inspection: An inspection conducted periodically to use a mechanical parking lot continuously after the term of validity of its pre-service inspection expires. |
| (3) | Necessary matters concerning inspections, such as the term of validity, postponement procedures, and timing of inspection, of pre-service inspections and periodic inspections shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-10 (Issuance of Inspection Certificates) |
| (1) | The head of a Si/Gun/Gu shall issue an inspection certificate to a person who has passed an inspection under Article 19-9 (2) and shall issue a notice on prohibiting the use of the mechanical parking lot to a person who has failed to pass the said inspection. |
| (2) | The manager, etc. of a mechanical parking lot shall attach an inspection certificate or the notice on prohibiting the use of the mechanical parking lot issued under paragraph (1) to the relevant mechanical parking lot, as stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | No mechanical parking lot which has failed to pass an inspection under Article 19-9 (2) may be used. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-11 (Payment of Inspection Expenses) |
A person who intends to undertake safety certification under Article 19-6, or an inspection under the subparagraphs of Article 19-9 (2), shall pay expenses incurred in the course of safety certification or inspections, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Mar. 22, 2010]
| Article 19-12 (Execution of Affairs of Inspections as Agents) |
The head of a Si/Gun/Gu may require a specialized inspection agency designated by the Minister of Land, Infrastructure and Transport to perform the affairs concerning inspections of a mechanical parking lot under Articles 19-9 and 19-10 on his or her behalf, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Mar. 22, 2010]
| Article 19-13 (Demolition of Mechanical Parking Equipment) |
| (1) | The manager, etc. of a mechanical parking lot may demolish the mechanical parking equipment installed in an annexed parking lot, if it falls under any of the following: |
| 1. | Where it is impossible to operate the mechanical parking equipment due to reasons such as deterioration and breakdown (limited to where the period prescribed by Presidential Decree is not less than five years from the date the mechanical parking equipment is installed); |
| 2. | Where it is inevitable to demolish mechanical parking equipment due to structural or safety concerns of the facilities. |
| (2) | If the owner of the facilities who shall establish an annexed parking lot fails to meet the establishment standards for the annexed parking lot under Article 19 (3) by demolishing the mechanical parking equipment under paragraph (1), the owner thereof shall either establish the annexed parking lot in the neighborhood of the building site of the facilities under Article 19 (4) or pay the costs incurred in the establishment of a parking lot under Article 19 (5). In such cases, a parking lot equivalent to the area of a ground where the mechanical parking lot used to be located shall be established within the relevant facilities or on the site. |
| (3) | A person who intends to demolish the mechanical parking equipment under paragraph (1) shall report thereon to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | The head of a Si/Gun/Gu shall notify the person who filed a report under paragraph (3) of whether such report is accepted within seven days from the receipt thereof. <Newly Inserted on Dec. 18, 2018> |
| (5) | Where the head of a Si/Gun/Gu fails to notify the person who filed a report of its acceptance or extension of the processing deadline under the statutes or regulations governing processing of civil petitions within the period under paragraph (4), the report shall be deemed accepted on the day following the day such period (in cases of extension or re-extension under the relevant statutes or regulations, referring to the extended period) ends. <Newly Inserted on Dec. 18, 2018> |
| (6) | Where necessary for the demolition of mechanical parking equipment, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, and a Si/Gun/autonomous Gu may loosen the establishment standards for annexed parking lots under Article 19 (3) within the scope of 1/2 by ordinance of the relevant local government, as prescribed by Presidential Decree. <Newly Inserted on Jan. 19, 2016; Dec. 18, 2018> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-14 (Registration of Repair Business of Mechanical Parking Equipment) |
| (1) | A person who intends to engage in the business of repairing mechanical parking equipment (hereinafter referred to as "repair business") shall file an application for registration with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to file an application for registration of repair business under paragraph (1) shall have the technical human resources and facilities prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-15 (Grounds for Disqualification) |
None of the following persons shall file an application for registration of repair business: <Amended on Mar. 18, 2014; Jan. 19, 2016>
| 1. | A person under adult guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not elapsed from the date on which his or her sentence execution was terminated (including where execution thereof is deemed completed) or exempted, after he or she was sentenced to imprisonment with labor or a heavier punishment, for violation of this Act; |
| 4. | A person for whom the grace period has not elapsed after having been sentenced to the suspension of execution of imprisonment with labor or a heavier punishment, for violation of this Act; |
| 5. | A person for whom two years have not elapsed after registration was revoked under Article 19-19 (excluding where registration was revoked due to any of the reasons falling under subparagraph 1 or 2 of Article 19-15); |
| 6. | A corporation, any executive officer of which falls under any of subparagraphs 1 through 5. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-16 (Purchase of Insurance Policies) |
| (1) | A person who has filed for registration of repair business under Article 19-14 (1) (hereinafter referred to as "repair business operator") shall have him or her insured to indemnify any potential loss to be incurred to a third party by intention or negligence while conducting the business. |
| (2) | The type of insurance and procedures for the purchase of insurance policies under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-17 (Reporting on Changes in Registered Matters) |
In cases of suspension, discontinuation, or reopening of business, a repair business entity shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Aug. 11, 2015>
| 1. | Deleted; <Aug. 11, 2015> |
| 2. | Deleted. <Aug. 11, 2015> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-18 (Corrective Orders) |
When a repair business operator falls under any of the following, the head of a Si/Gun/Gu may order the correction thereof by fixing a period:
| 1. | When he or she fails to meet the registration standards for repair business under Article 19-14 (2); |
| 2. | When he or she fails to purchase an insurance policy under Article 19-16. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-19 (Revocation of Registration) |
| (1) | When a repair business operator falls under any of the following, the head of a Si/Gun/Gu may revoke the registration of repair business, or order a suspension of the relevant business by fixing a period not exceeding six months: Provided, That the registration thereof shall be revoked in cases of subparagraphs 1, 2, 4 or 6: |
| 1. | Where he or she files for registration of repair business by fraud or other improper means; |
| 2. | Where he or she falls under any of the subparagraphs of Article 19-15 (excluding cases where a corporation falling under subparagraph 6 of the same Article has replaced the relevant executive with a new one within three months thereafter); |
| 4. | Where he or she fails to comply with a corrective order under Article 19-18; |
| 5. | When defective repair work causes the death or injury of a user of the mechanical parking equipment, or causes damage to a motor vehicle; |
| 6. | When he or she conducts business operations during the period of business suspension, in violation of an order for business suspension. |
| (2) | Standards for the revocation of registration and business suspension under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 19-20 (Appointment of Managers of Mechanical Parking Equipment) |
| (1) | Where any mechanical parking equipment exceeding a certain size specified by Presidential Decree is installed, the manager, etc. of a mechanical parking lot shall appoint a manager of mechanical parking equipment to ensure the safety of users of a parking lot. |
| (2) | The manager, etc. of a mechanical parking lot shall post instructions on how to use the mechanical parking lot on conspicuous places for users of the parking lot. <Amended on Jun. 9, 2020> |
| (3) | The manager, etc. of a mechanical parking lot shall appoint, as a manager of mechanical parking equipment under paragraph (1), a person who has received education prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which is necessary to manage mechanical parking equipment, including the statutes and regulations related to parking lots and methods of providing first aid when an accident occurs, (hereinafter referred to as "education of managers of mechanical parking equipment"). In such cases, the manager, etc. of a mechanical parking lot shall require the appointed manager of mechanical parking equipment to receive continuing education prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 21, 2017> |
| (4) | Matters necessary for the duties of a manager of mechanical parking equipment, places to post instructions and their details, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 21, 2017> |
[This Article Newly Inserted on Aug. 11, 2015]
[Previous Article 19-20 moved to Article 19-21 <Aug. 11, 2015>]
| Article 19-21 (Establishment and Operation of Information Network of Mechanical Parking Lots) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate an information network of mechanical parking lots to comprehensively manage the following information related to the safety of mechanical parking lots: <Amended on Mar. 21, 2017; Oct. 24, 2017> |
| 1. | Information about the history of inspections under Article 19-9; |
| 2. | Matters concerning repair business under Articles 19-14 through 19-19; |
| 2-2. | Information about serious accidents under Article 19-22 (1); |
| 2-3. | Information about the results of in-depth safety inspections under Article 19-23; |
| 3. | Information about reporting, submission of materials, and inspections under Article 25; |
| 4. | Other information prescribed by Ordinance of the Minister of Land, Infrastructure and Transport, which is related to the safety of mechanical parking lots. |
| (2) | The Minister of Land, Infrastructure and Transport may provide information collected pursuant to paragraph (1) to specialized inspection agencies under Article 19-12, registered repair business entities under Article 19-14, and administrative agencies under Article 25 or may disclose part thereof to the general public if necessary. <Amended on Oct. 24, 2017> |
| (3) | The Minister of Land, Infrastructure and Transport may entrust affairs concerning the establishment and operation of the information network of mechanical parking lots under paragraph (1) to an agency prescribed by Presidential Decree. In such cases, he or she may subsidize all or some of the expenses necessary therefor. |
[This Article Newly Inserted on Jan. 19, 2016]
[Previous Article 19-21 moved to Article 19-22 <Jan. 19, 2016>]
| Article 19-22 (Duty to Report Accidents and Accident Investigation) |
| (1) | Where any serious accident prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the death or injury of a user of a mechanical parking lot or falling down of a motor vehicle, is caused by a mechanical parking lot managed by the manager, etc. of the relevant mechanical parking lot, such manager, etc. shall immediately notify such fact to the head of the competent Si/Gun/Gu or the president of the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the president of the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act shall report the details of the serious accident among the notified matters to the Minister of Land, Infrastructure and Transport and the accident investigation and judgment committee under paragraph (5). |
| (2) | Where any serious accident under the former part of paragraph (1) occurs, the manager, etc. of a mechanical parking lot shall not move, change or damage the scene of the accident or any article related to the serious accident: Provided, That this shall not apply where there is any urgent reason such as lifesaving. |
| (3) | Where deemed necessary to prevent occurrence and recurrence of a mechanical parking lot accident, the president of the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, in receipt of the notification under paragraph (1), may investigate the causes, exact account, etc. of the mechanical parking lot accident. |
| (4) | The president of the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act may organize an accident investigation team for efficient investigation of mechanical parking lot accidents, and matters concerning the composition, operation, etc. of the accident investigation team shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | In order to judge the causes, etc. of mechanical parking lot accidents investigated by the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport may establish an accident investigation and judgment committee. |
| (6) | The accident investigation and judgment committee shall investigate the causes, etc. of mechanical parking lot accidents and report the causes thereof and the result of its judgment to the Ministry of Land, Infrastructure and Transport. |
| (7) | Where deemed necessary based on the judgment of the causes, etc. of a parking lot accident, the Ministry of Land, Infrastructure and Transport shall prepare measures to prevent recurrence of such parking lot accident and may recommend such measures to the head of the competent Si/Gun/Gu, manufacturers, etc. |
| (8) | The composition and operation of the accident investigation and judgment committee and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
[Previous Article 19-22 Moved to Article 19-23 <Oct. 24, 2017>]
| Article 19-23 (In-Depth Safety Inspection of Mechanical Parking Lots) |
| (1) | If a mechanical parking lot falls under any of the following cases, the manager, etc. of the relevant mechanical parking lot shall undertake an in-depth safety inspection conducted by the head of a Si/Gun/Gu. In the case of subparagraph 3, an in-depth safety inspection shall be regularly conducted every four years from the date the previous in-depth safety inspection is received: |
| 1. | Where an in-depth safety inspection is deemed necessary to prevent accidents and ensure safety, because the cause of a defect is still unclear despite an inspection conducted pursuant to Article 19-9 (2); |
| 2. | Where any serious accident prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport occurs such as the death or injury of any user of the mechanical parking lot; |
| 3. | Where 10 years have passed since the mechanical parking lot was installed; |
| 4. | Other cases prescribed by the Minister of Land, Infrastructure and Transport where the mechanical parking lot is highly likely to endanger the safety of its users due to degradation of performance. |
| (2) | The manager, etc. of a mechanical parking lot shall not operate a mechanical parking lot which has failed to pass an in-depth safety inspection conducted under paragraph (1), and shall undergo an in-depth safety inspection again to re-operate it. |
| (3) | If an in-depth safety inspection is received or is to be received pursuant to paragraph (1), the periodic inspection of the relevant year under Article 19-9 (2) 2 shall be exempted. |
| (4) | The head of a Si/Gun/Gu may have the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act to perform the affairs concerning inspection of mechanical parking lots under paragraph (1) on his or her behalf. <Amended on Oct. 24, 2017> |
| (5) | Articles 19-10 (1) and (2) and 19-11 shall apply mutatis mutandis to an in-depth safety inspection. In such cases, "inspection under Article 19-9 (2)" and "inspection under the subparagraphs of Article 19-9 (2)" shall be construed as "in-depth safety inspection under Article 19-23 (1)". <Amended on Oct. 24, 2017> |
| (6) | Matters necessary for the standards for, and the items, methods, timing, etc. of in-depth safety inspections under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
[Moved from Article 19-22; previous Article 19-23 moved to Article 19-24 <Oct. 24, 2017>]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 19-24 (Supplementary Registration) |
| (1) | With respect to an annexed parking lot built in the vicinity of a site of facilities under Article 19 (4) or an annexed parking lot which is relocated under Article 19-4 (1), a supplementary registration shall be filed to indicate that the relevant parking lot is the one annexed to the facilities under the Registration of Real Estate Act. |
| (2) | In cases of an annexed parking lot built in the vicinity of a site for facilities under Article 19 (4), a supplementary registration for such parking lot shall not be canceled except where such parking lot is exempt from obligations of an annexed parking lot on the ground that the alteration of the use of the parking lot is deemed pursuant to Article 19-4 (1). |
| (3) | Matters concerning the details of a supplementary registration under paragraph (1) and the cancellation thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 18, 2014]
[Moved from Article 19-23 <Oct. 24, 2017>]
| Article 20 (Restrictions on Disposal of State or Public Property) |
| (1) | No land owned by the State or a local government, which is required for the establishment of an off-road parking lot according to the establishment plan of an off-road parking lot shall be sold or transferred for any other purpose, and the relevant administrative agency shall actively cooperate in the establishment of the off-road parking lot. |
| (2) | Where an implementation plan for an urban or Gun planning facility project provided in Article 88 of the National Land Planning and Utilization Act is authorized to establish an off-road parking lot in the basement of a road, plaza, park or school or other public facilities prescribed by Presidential Decree, occupancy permission or consultation on the change of land shape and quality is deemed to have been granted or completed respectively under the Road Act, the Act on Urban Parks, Green Areas, Etc., the School Facilities Projects Promotion Act, and other relevant statutes and regulations prescribed by Presidential Decree; and the occupancy fees and the fees for using the land and facilities used for an off-road parking lot may be reduced or exempted, as prescribed by Presidential Decree. <Amended on Apr. 14, 2011> |
| (3) | Paragraph (2) shall apply mutatis mutandis where an off-road parking lot is established on the ground of public facilities prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 21 (Subsidization or Loaning) |
| (1) | If deemed especially necessary for promoting the establishment of off-road parking lots, the State or a local government may, subsidize all or some of the expenses incurred in the establishment of off-road parking lots, as prescribed by Presidential Decree. |
| (2) | If deemed necessary for the establishment of off-road parking lots or annexed parking lots, the State or a local government may arrange for loans to cover the funds needed for the establishment of off-road parking lots or annexed parking lots. |
| (3) | If deemed necessary for an improvement, etc. in the urban environment, the State or a local government may provide subsidies to cover expenses incurred in pursuing projects to improve the environment of parking lots, as prescribed by Presidential Decree or ordinance of the relevant local government. <Newly Inserted on Oct. 20, 2020> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 21-2 (Establishment of Special Accounts for Parking Lots) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may establish a special account for parking lots for the efficient establishment, management and operation of parking lots. |
| (2) | A special account for parking lots established 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 under paragraph (1) shall be created with the following financial resources: <Amended on Mar. 31, 2010; Jan. 17, 2012; Dec. 18, 2018; Jun. 9, 2020; Jan. 12, 2021> |
| 1. | Proceeds such as parking fees provided in Articles 9 (1) and (3) and 14 (1), and the costs paid for the establishment of an off-road parking lot provided in Article 19 (5); |
| 2. | Amount of penalty surcharges collected under Article 24-2; |
| 3. | Amount of money transferred from a general account of the relevant local government; |
| 4. | Subsidies from the Government; |
| 5. | An amount equivalent to the specific rate prescribed by Presidential Decree, among the amounts collected for property tax provided in Article 112 of the Local Tax Act (excluding paragraph (1) 1 of the same Article); |
| 7. | Amount of charges for compelling compliance collected under Article 32; |
| 8. | An amount equivalent to the rate prescribed by Ordinance of the relevant Metropolitan City within the limit of 1/100 of the amount of collection of ordinary tax prescribed in Article 8 (1) 1 of the Framework Act on Local Taxes (limited to cases of Metropolitan Cities); |
| 9. | Subsidies from a Metropolitan City. |
| (3) | A special account for parking lots established by the head of a Gu pursuant to paragraph (1) shall be created with the following financial resources: |
| 1. | Among the proceeds and payments provided in paragraph (2) 1, the parking fees of the on-road parking lots and off-road parking lots established and managed by the head of the competent Gu, and the payments prescribed by Presidential Decree; |
| 2. | Amount of penalty surcharges collected under Article 24-2; |
| 3. | Amount of money transferred from a general account of the relevant local government; |
| 4. | Subsidies from the Special Metropolitan City or a Metropolitan City; |
| 6. | Amount of charges for compelling compliance collected under Article 32. |
| (4) | A special account for parking lots established under paragraph (1) shall be used for the following purposes: <Newly Inserted on Jan. 12, 2021> |
| 1. | A parking environment improvement project: A project to improve the parking environment, such as creating, maintaining, and managing parking lots, conducting surveys on the status of supply of and demand for parking lots, designating and managing parking environment improvement districts, building information on parking lots, and providing support for parking sharing; |
| 2. | A parking order maintenance projects: A project to promote the use of parking, such as publicity and education regarding parking order, parking control activities, purchase of parking control equipment, and establishment of parking control systems; |
| 3. | Expenses necessary to establish, operate, and manage the special account for parking lots. |
| (5) | Necessary matters concerning the establishment, operation, and management of a special account for parking lots provided in paragraph (1) shall be stipulated by ordinance of the relevant local government. <Amended on Jan. 12, 2012> |
| (6) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu entrusts the management of an on-road parking lot or an off-road parking lot, he or she may subsidize fees for such management entrusted as well as some of the expenses incurred in the management and operation of the on-road parking lot or off-road parking lot for a person responsible for the management entrusted: Provided, That where a special account for parking lots has been established, such fees and expenses may be supported from the said account. <Amended on Jan. 12, 2012> |
| (7) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may provide subsidies or loans to a person who establishes an off-road parking lot or an annexed parking lot to cover some of the expenses incurred in establishing the off-road parking lot or annexed parking lot from a special account for parking lots. In such cases, necessary matters concerning the eligibility and methods for the subsidies or loans, and the repayment of loans shall be stipulated by ordinance of the relevant local government. <Amended on Jan. 12, 2012> |
| (8) | 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 may, if a special account for local urban traffic projects under the Urban Traffic Improvement Promotion Act has been established in the relevant local government, integrate a special account for parking lots provided in this Act into the said account and operate it. In such cases, accounts shall be separately kept. .<Amended on Dec. 18, 2018; Jan. 12, 2021> |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 21-3 (Establishment of Exclusive Organization for Parking Management) |
Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu deems it necessary for the establishment and efficient management and operation of parking lots, he or she may establish and operate a local public enterprise under the Local Public Enterprises Act. [This Article Wholly Amended on Mar. 22, 2010]
| Article 21-4 (Establishment and Operation of Parking Lot Information Network) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate a parking lot information network to efficiently manage the following affairs related to parking lots: |
| 1. | The following matters regarding on-road parking lots: |
| (a) | Establishment and abolition of on-road parking lots under Article 7; |
| (b) | Management of on-road parking lots under Article 8; |
| (c) | Collection of parking fees charged by on-road parking lots and restrictions on the use thereof under Articles 9 and 10; |
| 2. | The following matters regarding off-road parking lots: |
| (a) | Establishment of off-road parking lots under Articles 12, 12-2, and 12-3; |
| (b) | Management of off-road parking lots and collection of parking fees under Articles 13 and 14; |
| 3. | The following matters regarding annexed parking lots: |
| (a) | Establishment of annexed parking lots under Article 19; |
| (b) | Collection of parking fees and change of the use of annexed parking lots under Articles 19-3 and 19-4; |
| 4. | Other information prescribed by Ordinance of the Minister of Land, Infrastructure and Transport, which is related to parking lots. |
| (2) | In order to collect information necessary for the parking lot information network referred to in paragraph (1), the Minister of Land, Infrastructure and Transport may request the following persons to provide information on the operation of the parking lots, and the person so requested shall comply therewith, except under special circumstances: |
| 1. | The Special Metropolitan City Mayor, Metropolitan City Mayors, the heads of Sis/Guns/Gus under Article 7; |
| 2. | A person who installs off-road parking lots under Article 12; |
| 3. | A person who intends to construct or install a facility under Article 19. |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu may share the parking lot information network under paragraph (1). |
| (4) | The Minister of Land, Infrastructure and Transport may entrust affairs concerning the establishment and operation of the parking lot information network under paragraph (1) and collection of information under paragraph (2) to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act. In such cases, he or she may subsidize all or some of the associated expenses. |
| (5) | Matters necessary for the establishment and operation of the parking lot information network under paragraphs (1) and (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22 (Restrictions on Use of Parking Fees) |
No parking fees, etc. which the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu receives in accordance with Articles 9 (1) and (3) and 14 (1), may be used for any purpose other than the establishment, management and operation of parking lots. [This Article Wholly Amended on Mar. 22, 2010]
| Article 22-2 (Request for Submission of Materials) |
| (1) | Where it is necessary for the enactment of the structural and installation standards for parking lots and the safety standards for mechanical parking lots, and for the establishment of other policies concerning the establishment, maintenance and management of parking lots, the Minister of Land, Infrastructure and Transport may request on-road parking lot managers, off-road parking lot managers, mechanical parking lot managers, etc., to submit material concerning the current status of the establishment, operation, etc., of on-road parking lots, off-road parking lots and annexed parking lots. <Amended on Mar. 23, 2013> |
| (2) | A person, in receipt of a request for the submission of materials under paragraph (1), shall comply therewith unless any special grounds exist to the contrary. |
[This Article Wholly Amended on Mar. 22, 2010]
| (1) | Deleted. <Jan. 7, 2009> |
| (2) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor deems that a parking lot is apparently in conflict with the public interests or causes an obvious hindrance to motor vehicle traffic, he or she may order the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor; hereafter in this paragraph the same shall apply) to take necessary measures for the parking lot in question, such as the improvement of its facilities and restriction on its public use, and the head of a Si/Gun/Gu, in receipt of the said order, shall take necessary measures. <Amended on Mar. 22, 2010; Dec. 18, 2018> |
| (3) | Where the head of a Si/Gun/Gu deems that an off-road parking lot is apparently in conflict with the public interests, or causes an obvious hindrance to motor vehicle traffic, he or she may order the off-road parking lot manager to take necessary measures for the off-road parking lot in question, such as the improvement of its facilities and restriction on its public use, as prescribed by Presidential Decree. <Amended on Mar. 22, 2010> |
[Title Amended on Mar. 22, 2010]
| Article 24 (Business Suspension) |
Where an off-road parking lot manager or an annexed parking lot manager provided in Article 19-3 falls under any of the following, the head of a Si/Gun/Gu may either prohibit the relevant parking lot from being provided for public use by fixing a period not exceeding six months, or may impose a penalty surcharge not exceeding 10 million won: <Amended on Jan. 17, 2012; Dec. 24, 2019; Jan. 12, 2021> | 1. | Where the manager fails to comply with the standards, etc. for structure, facilities, and safety of a parking lot provided in Article 6 (1) or (2) or 6-2 (2); |
| 2. | Where the manager fails to install slipping prevention facilities and a slippery warning sign provided in Article 6 (3); |
| 3. | Where the manager refuses the public use of a parking lot, in violation of Article 17 (2) (including cases applied mutatis mutandis in Article 19-3); |
| 4. | Where the manager fails to comply with an order issued by the head of a Si/Gun/Gu provided in Article 23 (3) (only applicable to an off-road parking lot manager); |
| 5. | Where the manager refuses, evades, or interferes with an inspection provided in Article 25 (1) (only applicable to an off-road parking lot manager). |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 24-2 (Disposition of Penalty Surcharges) |
| (1) | The kinds of violations on which penalty surcharges under Article 24 are imposed, the amount of the penalty surcharges based on the severity of a violation, and other necessary matters shall be prescribed by Presidential Decree. |
| (2) | The penalty surcharges under Article 24 shall be collected by the head of a Si/Gun/Gu, in the same manner as delinquent local taxes are collected, as stipulated by ordinance of the relevant local government. |
[This Article Wholly Amended on Mar. 22, 2010]
Where the head of a Si/Gun/Gu intends to take any of the following dispositions, he or she shall hold a hearing:
| 1. | Revocation of safety certification under Article 19-8 (1); |
| 2. | Revocation of registration of repair business under Article 19-19. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 25 (Reporting and Inspections) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu, if deemed necessary, may require an off-road parking lot manager or a specialized inspection agency under Article 19-12 to report or submit materials as needed for the purpose of supervision and may require public officials under his or her control to inspect the relevant parking or inspection facilities or the business thereof, at the parking lot, the place of inspection, or the place relevant to the business operation thereof. <Amended on Jun. 9, 2020> |
| (2) | A public official who conducts an inspection under paragraph (1) shall carry a certificate indicating his or her authority and produce it to related persons. |
| (3) | Necessary matters concerning a certificate under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 22, 2010]
A person who applies for registration under Article 19-14 (1) shall pay fees to the head of the competent Si/Gun/Gu, as stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Mar. 22, 2010]
| Article 27 Deleted. <Dec. 29, 1995> |
| Article 28 Deleted. <Mar. 22, 2010> |
CHAPTER VII PENTALTY PROVISIONS
| Article 29 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 50 million won: <Amended on Mar. 21, 2017; Dec. 24, 2017> |
| 1. | A person who establishes or builds facilities without establishing an annexed parking lot, in violation of Article 19 (1) and (3); |
| 2. | A person who uses an annexed parking lot for any purpose other than a parking lot, in violation of Article 19-4 (1); |
| 3. | A person who provides a mechanical parking lot which has failed to pass an in-depth inspection for use, in violation of Article 19-23 (2). |
| (2) | 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 Aug. 11, 2015; Mar. 21, 2017; Oct. 24, 2017> |
| 1. | A person who uses an exclusive parking building which is an off-road parking lot, in violation of the ratio of use of the parking lot under subparagraph 11 of Article 2; |
| 2. | A person who fails to maintain the original functions of an annexed parking lot without good cause, in violation of Article 19-4 (2); |
| 3. | A person who obtains safety certification under Article 19-6 (1) by fraud or other improper means; |
| 4. | A person who transfers, leases or installs mechanical parking equipment by manufacturing, assembling or installing it without obtaining safety certification under Article 19-6 (1); |
| 5. | An inspector of the level of safety of mechanical parking equipment under Article 19-6 (2) who conducts an illegal inspection; |
| 6. | A person who undertakes an inspection under the subparagraphs of Article 19-9 (2) or under Article 19-23 (1) by fraud or other improper means; |
| 7. | A person who provides a mechanical parking lot for use without undertaking an inspection under the subparagraphs of Article 19-9 (2); |
| 8. | A person who provides a mechanical parking lot which has failed to pass an inspection for use, in violation of Article 19-10 (3); |
| 9. | A person designated to vicariously perform an inspection of mechanical parking lots under Article 19-12 or 19-23 (4), or his or her employee who conducts an illegal inspection; |
| 10. | A person who engages in repair business without filing for registration thereof, in violation of Article 19-14 (1); |
| 11. | A person who files for registration of repair business under Article 19-14 (1) by fraud or other improper means; |
| 11-2. | A person who fails to appoint a manager of mechanical parking equipment, in violation of Article 19-20 (1); |
| 11-3. | A person who provides a mechanical parking lot for use without undertaking an in-depth safety inspection, in violation of Article 19-23 (1); |
| 12. | A person who provides a parking lot for public use during a period of prohibition under Article 24. |
[This Article Wholly Amended on Mar. 22, 2010]
| Article 30 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Newly Inserted on Oct. 24, 2017> |
| 1. | A person who fails to provide notification, in violation of Article 19-22 (1) or provides false notification; |
| 2. | A person who moves, changes or damages the scene of a serious accident or any article related to a serious accident, in violation of Article 19-22 (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Mar. 22, 2010; Aug. 11, 2015; Jan. 19, 2016; Mar. 21, 2017; Oct. 24, 2017; Jun. 9, 2020; Jan. 12, 2021> |
| 1. | A person who refuses the public use of a parking lot, in violation of Article 17 (2) (including cases applied mutatis mutandis in Article 19-3); |
| 2. | A person who fails to undertake an inspection after the expiration of the term of validity for a pre-service inspection or periodic inspection under Article 19-9 (3) (excluding where the person was subject to penalty provisions under Article 29 (2) 7); |
| 4. | A person who appoints a person who has not received education of managers of mechanical parking equipment as the manager of a mechanical parking equipment or causes the manager of a mechanical parking equipment not to receive continuing education, in violation of Article 19-20 (3); |
| 5. | A person who fails to undertake a regular in-depth safety inspection under the latter part of Article 19-23 (1) (excluding where the person is subject to penalty provisions under Article 29 (2) 11-3); |
| 6. | A person who refuses, evades or obstructs an inspection under Article 25 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding 500 thousand won: <Newly Inserted on Jan. 12, 2021> |
| 1. | A person who fails to post an inspection certificate or a notice prohibiting the use of a mechanical parking lot, in violation of Article 19-10 (2) (including cases applied mutatis mutandis in Article 19-23 (5)); |
| 2. | A person who fails to post instructions, in violation of Article 19-20 (2). |
| (4) | Administrative fines under paragraphs (1) and (3) shall be imposed and collected by the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 22, 2010; Oct. 24, 2017; Jan. 12, 2021> |
[This Article Wholly Amended on Dec. 31, 1983]
[Title Amended on Mar. 22, 2010]
| Article 31 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation referred to in Article 29 in connection with the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [This Article Wholly Amended on Jan. 7, 2009]
| Article 32 (Charges for Compelling Compliance) |
| (1) | The head of a Si/Gun/Gu may impose a charge for compelling compliance within the following limits on the owner of facilities or a person responsible for managing an annexed parking lot who fails to comply with an order to reinstate within the designated period of correction, after receiving the order to reinstate under the former part of Article 19-4 (3): |
| 1. | Where an annexed parking lot is used for any purposes other than a parking lot, in violation of Article 19-4 (1): 20 percent of the costs incurred in installing the parking area so violated which are computed under Article 19 (9); |
| 2. | Where the original functions of an annexed parking lot are not maintained, in violation of Article 19-4 (2): 10 percent of the costs incurred in installing the parking area so violated which are computed under Article 19 (9). |
| (2) | The head of a Si/Gun/Gu shall give an advance warning in writing to the effect that the charges for compelling compliance will be imposed and collected if the relevant order is not fulfilled within the fixed substantial period for compliance, before imposing the charges for compelling compliance under paragraph (1). |
| (3) | When the head of a Si/Gun/Gu imposes the charges for compelling compliance under paragraph (1), he or she shall do so in writing clearly stating an amount of charges for compelling compliance, the reasons for imposition, the payment deadline, a receiving institution, the method of raising objection, an agency to which an objection is to be raised, etc. |
| (4) | The head of a Si/Gun/Gu may impose and collect the charges for compelling compliance under paragraph (1) repeatedly up to two times a year until the order to reinstate is fulfilled from the date the first order to reinstate is issued: Provided, That the total number of times the charges for compelling compliance are imposed may not exceed five times, regardless of whether the owner of relevant facilities or a person responsible for managing an annexed parking lot is changed. |
| (5) | The head of a Si/Gun/Gu shall suspend the imposition of new charges for compelling compliance if a person who has received the order to reinstate under the former part of Article 19-4 (3) complies with such order, but the charges for compelling compliance that has already been imposed shall be collected. |
| (6) | When a person subject to the disposition of the imposition of the charges for compelling compliance under paragraph (3) fails to pay such charges by the payment deadline, the head of a Si/Gun/Gu shall collect the charges under the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020> |
| (7) | No amount of the charges for compelling compliance collected shall be used for any purpose other than the establishment, management and operation of parking lots. |
[This Article Wholly Amended on Mar. 22, 2010]
ADDENDA <Act No. 3165, Apr. 17, 1979>
| (1) | (Enforcement Date) This Act shall enter into force one month after the date of its promulgation: Provided, That the provisions of Article 19 and paragraph (4) of the Addenda shall enter into force on the date a Presidential Decree under Article 19 (2) is legislated and enforced. |
| (2) | (Transitional Measures) On-road parking lots and off-road parking lots already established as urban planning facilities under the Urban Planning Act, as at the time this Act enters into force, shall be deemed the parking lots established as prescribed by this Act: Provided, That an off-road parking lot manager, other than the head of a Si/Gun/Gu, shall, within two months from the date this Act enters into force, obtain the approval of the management regulations, as prescribed in Article 15 (2), and the managers of the said off-road parking lots shall make, within one year from the date this Act enters into force, their off-road parking lots conform to the criteria for the structure and equipment of off-road parking lots, under Article 12 (3). |
ADDENDA <Act No. 3708, Dec. 31, 1983>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Parking Lots) On-road parking lots and off-road parking lots established through an urban planning decision, before this Act enters into force, shall be deemed to have been established as prescribed by this Act. |
ADDENDA <Act No. 4230, Apr. 7, 1990>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1990. |
| (2) | (Transitional Measures concerning Off-Road Parking Lots) Off-road parking lots established with the permission of the head of a Si/Gun before this Act enters into force, shall be regarded as those on which the report has been made to the head of a Si/Gun and the certificate of the report has been received, in accordance with this Act. |
| (3) | (Transitional Measures concerning Housing and Development Projects) The amended provisions of Article 12-2 shall not apply where the permission, authorization, etc., of a housing and development project has been obtained, or an application therefor has been made, under the relevant statutes and regulations, before this Act enters into force. |
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
Article 9 (Transitional Measures Following Adjustment of Functions among Government Agencies)
Permission, authorization, approval, or other dispositions granted by the Minister of Home Affairs, the Minister of Education, the Minister of Agriculture, Forestry and Fisheries, the Minister of Construction, or the Administrator of Maritime and Port Administration under Article 8 (1) through (10) of the Addenda, as at the time this Act enters into force, shall be deemed granted by the Minister of Construction, the Minister of Sports and Youth, the Minster of Transportation, the Minister of Home Affairs, or the Administrator of Maritime and Port Administration under this Act, respectively. Article 10 Omitted.
ADDENDA <Act No. 4381, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 4437, Dec. 14, 1991>
This Act shall enter into force on July 1, 1992.
ADDENDA <Act No. 4872, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1995. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 5115, Dec. 29, 1995>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning On-Road Parking Lots Established in Station Squares and Squares of Other Major Facilities) On-road parking lots established in station squares and squares of other major facilities, from among on-road parking lots already established in accordance with the previous provisions of item (a) of Article 2 (1), as at the time this Act enters into force, shall be regarded as off-road parking lots under the provisions of subparagraph 1 (b) of Article 1. |
| (3) | (Transitional Measures concerning Mechanical Parking Lots) Mechanical parking lots, already established under the previous provisions, as at the time this Act enters into force, shall be regarded as those for which the recognition of safety level and the pre-service inspection, under the amended provisions of Articles 19-6 and 19-9, has been received or undergone: Provided, That such mechanical parking lots shall undergo a periodic inspection, within two years from the date this Act enters into force. |
ADDENDA <Act No. 5405, Aug. 30, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5902, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures on Notice of Establishment of Off-Road Parking Lots)
A person who has reported the establishment of an off-road parking lot under the previous provisions of Article 12 as at the time this Act enters into force shall be deemed to have provided notification as to such establishment under the amended provisions of the said Article. Article 3 (Transitional Measures on Administrative Dispositions)
An administrative disposition (including a disposition of imposing a penalty surcharge) on a violation before this Act enters into force shall be subject to the previous provisions when the said disposition has been strengthened, and to amended provisions when it has been relaxed: Provided, That when the disposition has already been executed, the previous provisions shall apply.
Article 4 (Transitional Measures on Penalty Provisions and Administrative Fines)
With respect to penalty provisions or administrative fines on any act committed before this Act enters into force, the previous provisions shall apply.
ADDENDUM <Act No. 6234, Jan. 28, 2000>
This Act shall enter into force six months after the date of its promulgation: Provided, That the previous provisions shall apply to such matters as delegated to the ordinance of a local government under the amended provisions of Article 19 (9), until the legislation of such ordinance.
ADDENDA <Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 6954, Jul. 29, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7055, Dec. 31, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Dispositions of Imposing Charges for Compelling Compliance)
The amended provisions of Article 32 shall apply to a person who has used an annexed parking lot for any purpose other than a parking lot or has failed to maintain the original functions of the annexed parking lot for the first time after this Act enters into force. Article 3 (Transitional Measures concerning Mechanical Parking Equipment)
| (1) | A person who has filed an application for the recognition of the level of safety of mechanical parking equipment to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor under the previous provisions as at the time this Act enters into force shall be deemed to have filed an application for safety certification of mechanical parking equipment to the head of a Si/Gun/Gu under this Act, notwithstanding the provisions of Article 19-6 (1). |
| (2) | A person who has received written recognition of the level of safety of mechanical parking equipment from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor under the previous provisions as at the time this Act enters into force shall be deemed to have received the safety certificate of the mechanical parking equipment from the head of a Si/Gun/Gu under this Act, notwithstanding the provisions of Article 19-7 (1). |
| (3) | A person who has filed an application for a pre-service inspection or periodic inspection of mechanical parking equipment to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor under the previous provisions as at the time this Act enters into force shall be deemed to have filed an application for the pre-service inspection or periodic inspection of the mechanical parking equipment to the head of a Si/Gun/Gu under this Act, notwithstanding the provisions of Article 19-9 (2). |
| (4) | A person who has been issued a certificate of completion of the pre-service inspection or periodic inspection of mechanical parking equipment from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor under the previous provisions as at the time this Act enters into force shall be deemed to have been issued a certificate of completion of the pre-service inspection or periodic inspection of the mechanical parking equipment from the head of a Si/Gun/Gu under this Act, notwithstanding the provisions of Article 19-10 (1). |
Article 4 (Transitional Measures concerning Registration of Repair Business for Mechanical Parking Equipment)
A person who conducts repair business for mechanical parking equipment as at the time this Act enters into force may engage in the repair business of mechanical parking equipment until the date on which six months elapse from the date this Act enters into force, notwithstanding the provisions of Article 19-14. Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall govern any application of penalty provisions or administrative fines to any acts committed before this Act enters into force.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7545, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 7596, Jul. 13, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 9069, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9341, Jan. 7, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12-3 (2) shall enter into force six months after the date of the promulgation.
ADDENDUM <Act No. 10159, Mar. 22, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
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. 10790, Jun. 8, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11191, Jan. 17, 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. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12473, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 19-15 shall enter into force on the date of the promulgation. Article 2 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
Notwithstanding the amended provisions of subparagraph 1 of Article 19-15, any person who has been declared incompetent or quasi-incompetent as at the time the amended provisions of subparagraph 1 of Article 19-15 enter into force, shall be governed by the previous provisions until June 30, 2018: Provided, That this shall not apply where any incompetent or quasi-incompetent has been under adult guardianship, limited guardianship, or specific guardianship under the Civil Act, or a supervisor of guardianship at will has been appointed.
ADDENDA <Act No. 13488, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Appointment of Managers of Mechanical Parking Equipment)
The amended provisions of Article 19-20 (1) shall begin to apply to the establishment of a mechanical parking lot after this Act enters into force. Article 3 (Transitional Measures concerning Appointment of Managers of Mechanical Parking Equipment)
The manager, etc. of a mechanical parking lot who fails to appoint a manager of mechanical parking equipment as at the time this Act enters into force shall appoint a manager of mechanical parking equipment within one year from the enforcement date of this Act, as prescribed by the amended provisions of Article 19-20 (1).
ADDENDUM <Act No. 13804, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 6-3 shall enter into force on the date of the promulgation.
ADDENDA <Act No. 14343, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Signs of Off-Road Parking Lots)
The amended provisions of Article 18 (1) shall also apply to off-road parking lots set up by persons, other than the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu, in accordance with the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 14720, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Education of Managers of Mechanical Parking Equipment)
Notwithstanding the amended provisions of Article 19-20 (3), a person who had received training necessary to manage mechanical parking equipment pursuant to the previous provisions of Article 19-20 (3) and was appointed as a manager of mechanical parking equipment as at the time this Act enters into force, shall be deemed appointed after receiving training for managers of mechanical parking equipment under this Act. Article 3 (Transitional Measures concerning In-Depth Safety Inspections of Mechanical Parking Lots)
The manager, etc. of a mechanical parking lot which is subject to an in-depth safety inspection pursuant to Article 19-22 (1) 3 as at the time this Act enters into force, shall undertake an in-depth safety inspection on such mechanical parking lot according to the following classification: | 1. | A mechanical parking lot for which 20 years have not passed yet from the date it was installed: On or before the expiration date of the term of validity of the first periodic inspection that arrives after two years from the enforcement date of this Act; |
| 2. | A mechanical parking lot for which 20 years have passed from the date it was installed: On or before the expiration date of the term of validity of the first periodic inspection that arrives within two years from the enforcement date of this Act. |
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14952, Oct. 24, 2017>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 6 shall enter into force six months after the date of the promulgation.
ADDENDUM <Act No. 15737, Aug. 14, 2018>
This Act shall enter into force on October 25, 2018.
ADDENDA <Act No. 16005, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-13 (4) and (5) shall enter into force one month after the date of the promulgation. Article 2 (Applicability to Report on Demolition of Mechanical Parking Equipment)
The amended provisions of Article 19-13 (4) and (5) shall begin to apply to a report on demolition of mechanical parking equipment filed after such provisions enter into force.
ADDENDUM <Act No. 16636, Nov. 26, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16831, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Safety Facilities in Parking Lots Installed on Slopes)
A person who installs or manages a parking lot on a slope determined by Ordinance of the Ministry of Land, Infrastructure and Transport under the amended provisions of Article 6 (3) as at the time this Act enters into force shall have in place facilities for preventing parked vehicles from slipping and a slippery warning sign under the same amended provisions within six months from the date this Act enters into force.
ADDENDUM <Act No. 16951, Feb. 4, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17554, Oct. 20, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17900, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Closure of On-Road Parking Lots)
The amended provisions of Article 7 (3) shall also apply to on-road parking lots established in protection areas for children as at the time this Act enters into force. Article 3 (Applicability to Purposes of Use of Special Accounts for Parking Lots)
The amended provisions of Article 21-2 (4) shall begin to apply from the fiscal year following the fiscal year in which the enforcement date of this Act falls.