ENFORCEMENT DECREE OF THE NATURAL PARKS ACT
Wholly Amended by Presidential Decree No. 17380, Sep. 29, 2001
Amended by Presidential Decree No. 17809, Dec. 18, 2002
Presidential Decree No. 17854, Dec. 30, 2002
Presidential Decree No. 17952, Apr. 4, 2003
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19073, Sep. 30, 2005
Presidential Decree No. 19370, Mar. 3, 2006
Presidential Decree No. 20289, Sep. 27, 2007
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 21013, Sep. 18, 2008
Presidential Decree No. 21185, Dec. 24, 2008
Presidential Decree No. 21629, Jul. 16, 2009
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22224, jun. 28, 2010
Presidential Decree No. 22420, Oct. 1, 2010
Presidential Decree No. 22915, May 3, 2011
Presidential Decree No. 23194, Sep. 30, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23558, Jan. 26, 2012
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26316, jun. 15, 2015
Presidential Decree No. 27245, jun. 21, 2016
Presidential Decree No. 28077, May 29, 2017
Presidential Decree No. 28157, jun. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28698, Mar. 13, 2018
The purpose of this Decree is to provide for matters delegated by the Natural Parks Act and other necessary matters for the enforcement thereof. <Amended by Presidential Decree No. 19073, Sep. 30, 2005>
| Article 2 (Park Facilities) |
"Facilities prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Natural Parks Act (hereinafter referred to as the "Act") means the following facilities: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 20807, Nov. 2, 2009; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011; Presidential Decree No. 28077, May 29, 2017> | 1. | Public facilities, such as park management offices, warehouses (limited to those used for park management), information offices, box offices, post offices, police boxes, village halls, halls for senior citizens, libraries, public woodland burial grounds, and fundamental environmental facilities: Provided, That the public woodland burial grounds shall be limited to those prepared by the park management agency prior to October 5, 2011 for changing the location of any cemetery established in the relevant park area or for burying dead bodies of residents who live in the relevant park area; |
| 2. | Protective and safety facilities, including erosion-control, shore-protection, fire-prevention, barricade, disaster-prevention, and landscape-architecture facilities, to protect park resources and ensure the safety of visitors; |
| 2-2. | Facilities for protecting wildlife and increasing and restoring endangered species in parks; |
| 3. | Recreation and convenience facilities, such as sports facilities (excluding any golf course, golf-practice range and skiing ground), pleasure-boat stations, moorings for water-based leisure equipment, squares, camping grounds, juvenile training facilities, game fishing facilities, observation decks, wild animal observation posts, undersea observatories, resting places, shelters, and public toilets; |
| 4. | Cultural facilities, such as botanical gardens, zoos, aquariums, museums, exhibition halls, public performance platforms, and the place of nature study; |
| 5. | Traffic and transportation facilities, such as roads (including trails), parking lots, bridges, trains with or without tracks, small-scale airports (referring to any airport which is established in natural parks within islands and the runways of which are 1,200 meters or less in length), airfields for light float planes; |
| 6. | Commercial facilities, such as souvenir shops, pharmacies, restaurants (excluding bars and nightclubs), beauty salons, and bath-houses; |
| 7. | Lodging facilities, such as hotels and inns; |
| 8. | Other facilities incidental to facilities referred to in subparagraphs 1 through 7. |
| Article 2-2 (Alteration of Important Matters) |
"Cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a district" in the latter part of the main sentence of Article 4-2 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010> | 1. | An expansion of the area of a national park by not less than one million square meters; |
| 2. | A reduction in the area of a national park. |
[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 2-3 (Documents Required for Designation of National Parks) |
| (1) | Documents (including electronic documents) that are required for the designation of any national park pursuant to Article 4-2 (1) of the Act mean the documents that contain the following matters: Provided, That in cases where it is possible to confirm information pertaining to attached documents through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act, such confirmation may substitute for the attached documents: <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22151, May 4, 2010> |
| 1. | The name and the kind of the park; |
| 2. | The purposes and need of designating the park; |
| 3. | The drawing of the land that is to be developed into the park area, and the area by the administrative district; |
| 4. | The current state of the natural environment, including the distribution of animals and plants, topography, geological features, water supply, wave patterns on water surface, natural scenery, and natural resources, etc.; |
| 5. | The current state of population and culture, including population, residences and cultural properties, etc.; |
| 6. | The current utilization of land and the drawing that shows the current utilization thereof; |
| 7. | The classification of land ownership (the land shall be classified into the national land, the public land and the private land, and any land owned by a temple from among the private land shall be indicated separately); |
| 8. | The draft plan for the specific use area in the park area and the drawing that shows such draft plan. |
[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 2-4 (Alteration of Important Matters) |
"Cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a Do park district" in the latter part other than the subparagraphs of Article 4-3 (1) of the Act means cases where he/she makes any of the following alterations: <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010> | 1. | An expansion of the area of a Do park by not less than 500 thousand square meters; |
| 2. | A reduction in the area of a Do park. |
[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 2-5 (Reduction in Scale of Do Parks that Require Approval) |
"Scale prescribed by Presidential Decree" in the main sentence of Article 4-3 (2) of the Act means 100 thousand meters. <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017> [This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 2-6 (Documents Required for Designation of Do Parks) |
[This Article Wholly Amended by presidential Decree No. 22420, Oct. 1, 2010]
| Article 2-7 (Alteration of Important Matters) |
"Cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a Gun park district" in the latter part other than the subparagraphs of Article 4-4 (1) of the Act means cases of making any of the following alterations: | 1. | An expansion of the area of a Gun park by not less than 500 thousand square meters; |
| 2. | A reduction in the area of a Gun park. |
[This Article Wholly Amended by Presidential Decree No. 22420, Oct. 1, 2010]
| Article 2-8 (Reduction in Scale of Gun Parks that Require Approval) |
"Scale prescribed by Presidential Decree" in the main sentence of Article 4-4 (2) of the Act means 50 thousand square meters. <Amended by Presidential Decree No. 28077, May 29, 2017> [This Article Newly Inserted by Presidential Decree No. 22420, Oct. 1, 2010]
| Article 2-9 (Documents Required for Designation of Gun Parks) |
[This Article Newly Inserted by Presidential Decree No. 22420, Oct. 1, 2010]
| Article 3 (Designation Standards) |
The standards for designating natural parks in accordance with Article 7 of the Act shall be as shown in the attached Table1.
| Article 4 (Cancellation of Designation as Natural Parks) |
"Cases prescribed by Presidential Decree" in Article 8 (1) 1 of the Act means any of the following cases: <Amended by Presidential Decree No. 17809, Dec. 18, 2002; Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010> | 1. | Where it is deemed inevitable for military operations and the protection of military facilities or military secrecy; |
| 2. | Where it is deemed inevitable for projects involving river, reclamation, cultivation, harbor (including fishing port), power generation, railway, communications, broadcasting, meteorology, agricultural water or aviation; |
| 3. | Where it is deemed inevitable for developing resources which have significant effects on the national economy; |
| 5. | Where a collective village, crematorium or shooting range, etc. is set up in the boundary or vicinity of a natural park area, which may not be used as any facility of the relevant natural park, making it unnecessary to maintain the natural park area. |
| Article 5 (Organization of National Park Committee) |
| (1) | The National Park Committee established pursuant to Article 9 (1) of the Act (hereinafter referred to as the "National Park Committee") shall be comprised of not more than 25 members and special members, including one chairperson and one vice chairperson, based on gender balance. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017; Presidential Decree No. 28698, Mar. 13, 2018> |
| (2) | The Vice Minister of Environment shall be the chairperson and the vice chairperson shall be elected from among the members. |
| (3) | The following persons shall serve as members: <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 23194, Sep. 30, 2011; Presidential Decree No. 24451, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 28698, Mar. 13, 2018> |
| 1. | Persons nominated by the head of the relevant agency from among the public officials belonging to the Senior Civil Service of the Ministry of Strategy and Finance; the Ministry of National Defense; the Ministry of Public Administration and Security; the Ministry of Culture, Sports and Tourism; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Environment; the Ministry of Land, Infrastructure and Transport; the Ministry of Oceans and Fisheries; and the Forest Service; |
| 2. | Persons nominated by the chairperson of the Korea National Park Service (hereinafter referred as the "Service") from among the standing directors thereof; |
| 3. | The director of social affairs of the Jogye Order of Korean Buddhism; |
| 4. | Persons commissioned by the Minister of Environment from among interested persons, including residents and business operators, who live in national parks; |
| 5. | Persons commissioned by the Minister of Environment, among the following persons: |
| (a) | Persons who hold at least the post of associate professors of departments related to environment, ecology, landscape, forests, ocean, culture, recreation, or safety in schools prescribed in subparagraphs 1 through 6 of Article 2 of the Higher Education Act; |
| (b) | Persons who obtain doctorates in the fields of environment, ecology, landscape, forests, ocean, culture, recreation, or safety and have experience in working for the relevant field for at least five years; |
| (c) | Persons who have abundant professional knowledge and experience concerning conservation of environment, sustainable use, or policies for parks, etc. |
| (4) | The following persons shall serve as special members: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23558, Jan. 26, 2012; Presidential Decree No. 28698, Mar. 13, 2018> |
| 1. | Deputy mayor for administrative affairs or deputy governor for administrative affairs (hereinafter referred to as the "deputy governor") of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as the "City/Do") which has jurisdiction over the relevant park area; |
| 2. | Persons commissioned by the Minister of Environment, who have donated land of at least 1/1,000 of the park area. |
| (5) | Special members shall serve as members of the National Park Committee only when the Committee deliberates on matters concerning the relevant natural park. In such cases, the special members shall be prohibited from voting for any resolution. <Amended by Presidential Decree No. 19073, Sep. 30, 2005> |
| (6) | The terms of office of the members referred to in paragraph (3) 4 and 5, and the special members referred to in paragraph (4) 2 shall be two years, and such members may be recommissioned only once. <Amended by Presidential Decree No. 19073, Sep. 30, 2005> |
| (7) | The chairperson shall exercise overall control of the business affairs of the National Park Committee and preside over its meetings. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (8) | The vice chairperson shall assist the chairperson and act on behalf of the chairperson, where the chairperson is unable to perform his/her duties due to extenuating circumstances. |
| (9) | The National Park Committee shall have one secretary to handle the administrative affairs of the Committee and such secretary shall be nominated by the Minister of Environment from among the public officials of Grade IV or higher grade of the Ministry of Environment or the public officials in general service belonging to the Senior Civil Service. <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28698, Mar. 13, 2018> |
| Article 5-2 (Disqualifications of, Challenge to, and Refrainment by, Members and Special Members of National Park Committee) |
| (1) | If a member or special member of the National Park Committee falls under any of the following subparagraphs, he/she shall be disqualified from participating in the National Park Committee’s deliberation and resolution: |
| 1. | Where the member or special member, or his/her spouse or ex-spouse, is a party (if the party is a corporation or organization, including its executives; hereafter in this subparagraph and subparagraph 2, the same shall apply) to the matter on the agenda or is related to such party as a co-obligee or co-obligor; |
| 2. | Where the member or special member is or was in a familial relationship with a party to the matter on the agenda; |
| 3. | Where the member or special member has performed research work, provided services (including subcontracting), or conducted an appraisal or examination, regarding the matter on the agenda; |
| 4. | Where the member or special member, or the corporation or organization to which the member or special member belongs, is or was involved as an agent of a party to the matter on the agenda. |
| (2) | If a party finds it difficult to expect fair deliberation and resolution from a member or special member, he/she may file an application with the National Park Committee for challenging the member or special member, and the National Park Committee shall decide on the application by resolution. In such cases, the member or special member against whom the application for challenge is filed may not participate in the resolution. |
| (3) | If a member or special member is subject to any grounds for disqualifications provided for in any of the subparagraphs of paragraph (1), he/she shall voluntarily refrain from deliberating and resolving on the matter on the agenda. |
[This Article Newly Inserted by Presidential Decree No. 28077, May 29, 2017]
| Article 5-3 (Withdrawal of Nomination or Dismissal of Members of National Park Committee) |
| (1) | Any person who has nominated a member pursuant to Article 5 (3) 1 and 2 may withdraw the nomination of the member, if the member falls under any of the following: |
| 1. | Where the member becomes unable to perform his/her duties due to any mental or physical impairment; |
| 2. | Where the member commits an act of misconduct in relation to his/her duties; |
| 3. | Where the member is deemed unfit to serve as such on grounds of neglect of duty, loss of dignity, etc.; |
| 4. | Where the member fails to refrain though he/she falls under any grounds described in Article 5-2 (1) or (2); |
| 5. | Where the member voluntarily manifests his/her unfitness to perform his/her duties. |
| (2) | If a member or special member prescribed in Article 5 (3) 4 and 5 and (4) 2 falls under any of the subparagraphs of paragraph (1), the Minister of Environment may dismiss the member or special member. |
[This Article Newly Inserted by Presidential Decree No. 28077, May 29, 2017]
| Article 6 (Operation, etc. of National Park Committee) |
| (1) | Meetings of the National Park Committee shall be comprised of the chairperson, members of the central administrative agency who are designated by the chairperson for each agenda and related to the agenda subject to deliberation, from among members referred to in Article 5 (3) 1, and members referred in subparagraphs 2 through 5 of the same paragraph. <Newly Inserted by Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28698, Mar. 13, 2018> |
| (2) | Meetings of the National Park Committee shall be held when the Minister of Environment deems it necessary. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (3) | Meetings of the National Park Committee shall be convened with the attendance of a majority of the members referred to in paragraph (1) for each agenda and a decision shall be made with approval from the majority of the members present. <Amended by Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28698, Mar. 13, 2018> |
| (4) | The National Park Committee, if necessary, may hear opinions of residents and other interested persons related to agenda subject to deliberation. <Newly Inserted by Presidential Decree No. 28698, Mar. 13, 2018> |
| (5) | Other matters necessary for the operation of the National Park Committee shall be prescribed by the chairperson following the resolution of the National Park Committee. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| Article 7 (Organization and Operation of Do Park Committees and Metropolitan City Park Committees) |
| (1) | A Do Park Committee and a Metropolitan City Park Committee pursuant to Article 9 (1) of the Act (hereinafter referred to as “Do Park Committee, etc.”) shall each be comprised of not more than 15 members and special members, including one chairperson. |
| (2) | The office of a chairperson shall be assumed by a deputy governor, and members shall be nominated or commissioned by a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) from among the following persons: |
| 1. | Public officials of relevant administrative agencies; |
| 2. | Interested persons, including residents and business operators, who live in Do parks or Metropolitan City parks; |
| 3. | Persons with abundant knowledge and experience in natural parks. |
| (3) | Each of the following persons shall be special members: |
| 1. | The deputy head of a Si/Gun/autonomous Gu (hereinafter referred to as “ Gun”) [hereinafter referred to as “deputy head of a Gun”] that has jurisdiction over the relevant park area; |
| 2. | A person commissioned by a Mayor/Do Governor, who has donated land of at least 1/1,000 of the relevant park area; |
| 3. | A person commissioned by a Mayor/Do Governor, who is in charge of managing and operating the facilities of a religious organization located in the relevant park area. |
| (4) | A special member shall act as a member only in cases of deliberating on matters concerning the relevant natural park. In such cases, the special member shall be prohibited from participating in the relevant resolution. |
| (5) | The terms of office of members pursuant to paragraph (2) 2 and 3 and of special members pursuant to paragraph (3) 2 and 3 shall be two years, and they may be renewable only once. |
| (6) | If a member or special member falls under any of the subparagraphs of Article 5-3 (1), the competent Mayor/Do Governor may withdraw the nomination or dismiss the member or special member. |
| (7) | With respect to the duties of the chairpersons and vice chairpersons, the secretaries, the disqualification of, challenge to, and refrainment by, members and special members, and the operation of the Do Park Committees, etc., Articles 5 (7) through (9), 5-2 and 6 shall apply mutatis mutandis. In such cases, the “National Park Committee” shall be regarded as “Do Park Committees, etc.”, “nominated by the Minister of Environment from among the public officials of Grade IV or higher grade of the Ministry of Environment or the public officials in general service belonging to the Senior Civil Service” as “nominated by the competent Mayor/Do Governor from among the public officials of Grade IV or higher grade of the relevant City/ Do”, “Article 5 (3) 1” as “Article 7 (2) 1”, “central administrative agency” as “relevant administrative agency”, “Article 5 (3) 2 through 5” as “Article 7 (2) 2 and 3”, and “Minister of Environment” as “competent Mayor/Do Governor.” <Amended by Presidential Decree No. 28698, Mar. 13, 2018> |
[This Article Wholly Amended by Presidential Decree No. 28077, May 29, 2017]
| Article 8 (Organization and Operation of Gun Park Committees, Si Park Committees, and Gu Park Committees) |
| (1) | Each Gun Park Committee, Si Park Committee and Gu Park Committee pursuant to Article 9 (1) of the Act (hereafter in this Article, referred to as “Gun Park Committee, etc.”) shall be comprised of not more than 15 members and special members, including one chairperson. |
| (2) | The office of chairperson shall be assumed by the deputy head of a Gun, and members shall be nominated or commissioned by the head of a Si/Gun/autonomous Gu (hereinafter referred to as “head of a Gun”) from among the following persons: |
| 1. | Public officials of relevant administrative agencies; |
| 2. | Interested persons, including residents and business operators, who live in the relevant Gun park; |
| 3. | Persons with abundant knowledge and experiences in natural parks. |
| (3) | Each of the following persons shall be special members: |
| 1. | A person commissioned by the head of a Gun, who has donated land of at least 1/1,000 of the relevant park area; |
| 2. | A person commissioned by the head of a Gun, who is in charge of managing and operating the facilities of a religious organization in the relevant park area. |
| (4) | A special member shall act as a member only in cases of deliberating on matters concerning the relevant natural park. In such cases, the special member shall be prohibited from participating in the relevant resolution. |
| (5) | The terms of office of members pursuant to paragraph (2) 2 and 3 and of special members pursuant to the subparagraphs of paragraph (3) shall be two years, and they may be renewable only once. |
| (6) | If a member or special member falls under any of the subparagraphs of Article 5-3 (1), the competent head of a Gun may withdraw the nomination or dismiss the member or special member. |
| (7) | With respect to the duties of the chairpersons and vice chairpersons, the secretaries, the disqualification of, challenge to, and refrainment by, members and special members, and the operation of the Gun Park Committees, etc., Articles 5 (7) through (9), 5-2 and 6 shall apply mutatis mutandis. In such cases, the “National Park Committee” shall be regarded as “Gun Park Committees, etc.”, “nominated by the Minister of Environment from among the public officials of Grade IV or higher grade of the Ministry of Environment or the public officials in general service belonging to the Senior Civil Service” as “nominated by the competent head of Gun from among the public officials of Grade V or higher grade of the relevant Gun”, “Article 5 (3) 1” as “Article 8 (2) 1”, “central administrative agency” as “relevant administrative agency”, “subparagraphs 2 through 5 of the same paragraph” as “Article 8 (2) 2 and 3”, and “Minister of Environment” as “competent head of a Gun”. <Amended by Presidential Decree No. 28698, Mar. 13, 2018> |
[This Article Wholly Amended by Presidential Decree No. 28077, May 29, 2017]
| Article 8-2 (Appointment, etc. of Expert Members) |
| (1) | The Minister of Environment may commission not more than 15 expert members pursuant to the provisions of Article 10-2 of the Act from among the persons with profound learning and experience in the conservation and utilization of natural parks, including the natural ecology, the natural scenery, history, culture, and land utilization. |
| (2) | The term of office of an expert member shall be three years and he/she may be recommissioned only once. <Amended by Presidential Decree No. 20008, Apr. 12, 2007> |
| (3) | The expert members may be paid allowances, travel expenses needed to conduct their survey, research, counselling, etc., and other necessary expenses within the limits of budget. |
[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 9 (Contents of and Procedures, etc. for Basic Park Planning) |
| (1) | Matters falling under each of the following subparagraphs shall be included in the basic park planning worked out in accordance with Article 11 (2) of the Act: |
| 1. | Matters related to setting the goal of managing natural parks; |
| 2. | Matters related to conserving, exploiting, and managing natural parks; |
| 3. | Other matters deemed necessary by the Minister of Environment for managing natural parks. |
| (2) | The Minister of Environment shall, when he/she works out the basic park planning in accordance with Article 11 (2) of the Act, hear opinions of the relevant Mayor/Do Governor. |
| Article 10 (Requests for Park Planning) |
A request for park planning pursuant to Article 12 (3) of the Act shall include each of the following, and where it is possible to indicate such matters in drawings, such drawings shall be submitted together. In such cases, the drawings shall be indicated in a topographical chart on a scale of at least 1/50,000 and in cases of a plan for park facilities prescribed in Article 17 (1) of the Act, a topographical chart indicating land registers and drawings specifying matters concerning the plan for park facilities shall be submitted all together: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017; Presidential Decree No. 28698, Mar. 13, 2018> | 2. | Objectives and grounds; |
| 4. | Project costs and plans for funding; |
| 7. | Plans for restoring the original state or landscape plans; |
| 8. | Estimated impacts on the natural ecosystem, and measures to protect major wildlife and plants and to prevent environmental pollution. |
| Article 11 (Alteration of Minor Matters in Park Planning) |
| (1) | Alternation of minor matters, on which a park committee may omit deliberation pursuant to the proviso to Article 15 (1) of the Act, shall refer to any of the following cases: <Amended by Presidential Decree No. 23194, Sep. 30, 2011> |
| 1. | through 3. Deleted; <by Presidential Decree No. 23194, Sep. 30, 2011> |
| 4. | Where a village district in a park is turned into a nature conservation district in the park or a natural environment district in the park; |
| 5. | Deleted; <by Presidential Decree No. 23194, Sep. 30, 2011> |
| 6. | Where the area of a site for park facilities under Article 2 is altered within the limits of 5,000 square meters (2,000 square meters in cases of a nature conservation district in a park); |
| 7. | Where a plan for park facilities that has already been determined and published is scaled back or abrogated or the site area of park facilities under the said plan is expanded by not more than 20/100; |
| 8. | Where a building is enlarged or relocated on the same site. |
| (2) | Where deliberation by a park committee is omitted pursuant to paragraph (1), the Minister of Environment, the Mayor/Do Governor, or the head of the competent Gun (hereinafter referred to as "park management agency") shall make a decision on whether to alter the relevant park plan within 60 days (within 90 days, if such unavoidable reasons exist, such as implementation of the results of consultation with the head of the relevant administrative agency under Articles 12 (2) 2, 13 (2) 2, and 14 (2) of the Act). |
[This Article Wholly Amended by Presidential Decree No. 22420, Oct. 1, 2010]
| Article 12 (Standards for Examining Appropriateness of Park Planning) |
| (1) | In examining the appropriateness of any park planning pursuant to Article 15 (2) of the Act, the reasonability of such park planning, including changes in the propensity to park visiting activities of visitors, the prospect of the demand for parks and plans for park facilities shall be assessed. <Amended by Presidential Decree No. 20163, Jul. 4, 2007> |
| (2) | In examining the appropriateness of any park area under Article 15 (2) of the Act, the designation standards as shown in the attached Table 1 and matters falling under each of the following subparagraphs shall be taken into account: |
| 1. | The location, area and utilization convenience of the relevant park area; |
| 2. | The conservation value of nature, cultural resources and topography of the relevant park area; |
| 3. | The current state of development and environmental conservation of the park boundary area; |
| 4. | The reasonability of the park boundary line in light of topography and geographical features, including roads and rivers; |
| 5. | The need to protect natural scenery and natural ecosystem in areas surrounding the park; |
| 6. | The efficiency of park management; |
| 7. | The impact of a change in the park area on the entire park. |
| Article 13 (Assessment of Impacts on Natural Environment) |
When a park management agency decides on or alters a park planning, it shall assess each of the followings in accordance with Article 17 (2) of the Act: Provided, That the same shall not apply where the strategic environmental impact assessment or the assessment of environmental impacts prescribed in subparagraph 1 or 2 of Article 2 of the Environmental Impact Assessment Act has already been conducted: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 21185, Dec. 24, 2008; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23966, Jul. 20, 2012; Presidential Decree No. 28698, Mar. 13, 2018> | 1. | A survey of current environmental state; |
| 2. | Analysis of changes in the natural ecosystem; |
| 3. | Analysis of changes in atmosphere and water quality; |
| 4. | Analysis of occurrence of noise and light pollution; |
| 5. | Analysis of waste discharge; |
| 6. | Analysis of impacts on natural and cultural sceneries; |
| 7. | Ways to reduce any adverse impacts on the environment. |
| Article 13-2 (Criteria for Formulation of Plans for Conservation and Management of Each Park) |
| (1) | The criteria for formulation of a plan for the conservation and management of each park pursuant to Article 17-3 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 23194, Sep. 30, 2011; Presidential Decree No. 28077, May 29, 2017> |
| 1. | The features of each park, including natural ecosystem, geographical and geological features, water supply and hydrological features, natural scenery and resources, and culture shall be reflected in the plan for the conservation and management of each park to the maximum extent; |
| 2. | The plan for the conservation and management of each park shall contain the followings: |
| (a) | Matters concerning the survey of park resources, such as animals, plants, landscape, and cultural heritages, and the conservation of the natural environment; |
| (b) | Matters concerning the management of the natural environment, such as land purchase, restoration of destroyed areas, and prevention of contamination; |
| (c) | Matters concerning the sustainable use of parks, such as improvement of conditions for visits including safety control for visitors and provision of conveniences for visitors, restrictions on entry, special protection areas or temporary access control areas within the natural park, subscription system for access, and maintenance and management of park facilities; |
| (d) | Matters concerning cooperation with local communities, including projects for supporting local residents; |
| (e) | Matters concerning the plan for securing the budget and financial resources as required; |
| (f) | Other matters that the relevant park management agency deems necessary for the conservation and management of the park. |
| (2) | The cases for which it is deemed necessary to revise the plan for the conservation and management of each park pursuant to the proviso to Article 17-3 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 28077, May 29, 2017> |
| 1. | When a change in conditions for conservation of the natural environment occurs due to a natural disaster; |
| 2. | When a revision is required in accordance with the revision to the basic park planning or park planning; |
| 3. | When a revision is unavoidable because of any other change in conditions for the conservation and management of the park. |
| (3) | The relevant park management agency shall follow procedures prescribed in Article 17-3 (2) of the Act when it intends to revise the plan for the conservation and management of each park pursuant to the proviso to Article 17-3 (1) of the Act. <Amended by Presidential Decree No. 28077, May 29, 2017> |
[This Article Newly Inserted by Presidential Decree No. 20163, Jul. 4, 2007]
| Article 14 (Scope of Coast and Islands) |
The scope of the coast and islands pursuant to the proviso to the part other than the subparagraphs of Article 18 (2) of the Act and islands under subparagraph 2 (i) of the same paragraph shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010> | 2. | An island: An area surrounded by sea on every side at full tide: Provided, That cases where it is connected to land by a breakwater or bridge is excluded. |
[This Article Wholly Amended by Presidential Decree No. 21013, Sep. 18, 2008]
| Article 14-2 (Standards for Acts in Nature Conservation Districts in Parks) |
| (1) | Minimum acts permissible in a nature conservation district in a park pursuant to Article 18 (2) 1 (a) of the Act shall be as follows: <Newly Inserted by Presidential Decree No. 22915, May 3, 2011; Presidential Decree No. 28077, May 29, 2017> |
| 1. | Act of investigating for academic research by a college pursuant to subparagraph 2 of Article 2 of the Sciences Promotion Act or by a research institute pursuant to subparagraph 3 of the same Article; |
| 3. | Act of investigating or re-investigating the current status, management, transmission, and other situation of environmental conservation of State-designated cultural heritage, City/Do-designated cultural heritage, and materials for cultural heritage prescribed in Articles 44, 45 and 74 (2) of the Cultural Heritage Protection Act; |
| 4. | Act requested by the head of the relevant administrative agency after recognizing that academic research, nature conservation or the conservation and management of cultural heritage is impracticable in any other area than this area under related Acts and subordinate statutes. |
| (2) | Minimum park facilities and park projects permissible in a nature conservation district in a park prescribed in Article 18 (2) 1 (b) of the Act are as prescribed in attached Table 1-2. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (3) | Facilities which are permitted to be built in a nature conservation district in a park pursuant to Article 18 (2) 1 (c) of the Act shall be the minimum facilities requested by the head of the relevant administrative agency, which are deemed not to be able to be built in any other area than this area, such as military facilities, telecommunications facilities, navigation aid facilities, riverhead protection facilities, forest fire prevention facilities: Provided, That when a park management agency considers that it is inevitable to install telecommunications equipment and facilities pursuant to subparagraph 2 of Article 2 of the Telecommunications Business Act among such telecommunications facilities in a nature conservation district in a park for the prevention of disasters and safety-threatening accidents, it may install such equipment and facilities though the head of the competent administrative agency does not request so. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017> |
| (5) | "Facilities which have gone through historic research formalities prescribed by Presidential Decree" in Article 18 (2) 1 (e) of the Act means facilities designated as State-designated cultural heritage, City/Do-designated cultural heritage or materials for cultural heritage pursuant to the subparagraphs of Article 2 (2) of the Cultural Heritage Protection Act. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (6) | "Scale prescribed by Presidential Decree" in Article 18 (2) 1 (e) of the Act means the gross area of 60 square meters. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (7) | "Areas subject to gathering of forest products and the permissible standards prescribed by Presidential Decree" in Article 18 (2) 1 (g) of the Act shall be as specified in the attached Table 1-3. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21013, Sep. 18, 2008]
| Article 14-3 (Standards for Acts in Natural Environment Districts in Parks) |
| (1) | Construction of park facilities and park projects permissible in a natural environment district in a park pursuant to Article 18 (2) 2 (b) of the Act means construction of park facilities pursuant to Article 2: Provided, That trails (limited to those established in a national park) prescribed in subparagraph 5 of Article 2 may be established only in cases where they are assessed as appropriate in terms of their locations, etc. which shall be publicly notified by the Minister of Environment; and lodging facilities prescribed in subparagraph 7 of the same Article may be constructed on the coast or an island pursuant to Article 14 only in cases where they are assessed as appropriate in terms of their locations, scale, etc. which shall be publicly notified by the Minister of Environment in consultation with the Mayor/Do Governor. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28157, Jun. 27, 2017> |
| (2) | Developing farmland or grassland and construction of its incidental facilities permissible in a natural environment district in a park pursuant to Article 18 (2) 2 (c) of the Act shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| 3. | Where a warehouse which is an incidental facility has been built within the limits of the gross area of 100 square meters in farmland pursuant to the main sentence of subparagraph 1 (a) of Article 2 of the Farmland Act or in grassland pursuant to subparagraph 1 of Article 2 of the Grassland Act. |
| (3) | Facilities permitted to be built in a natural environment district in a park in accordance with the need in terms of the national economy pursuant to Article 18 (2) 2 (d) shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 26316, Jun. 21, 2016; Presidential Decree No. 28077, May 29, 2017> |
| 1. | Facilities for farming fishery on land, facilities for industry producing fishery seed on land or facilities for seeds and saplings producing agro-forestry not more than the gross area of 1,300 square meters including incidental facilities and not higher than two stories: Provided, That in cases of facilities for farming fishery on land or facilities for industry producing fishery seed on land, a control building not more than 30 square meters may be additionally built; |
| 2. | Marine farming fishery facilities or facilities for marine fishery seed producing industry within the limits of the scale prescribed in attached Table 1-4: Provided, That new construction of embanking-type farming fishery facilities shall be excluded herefrom; |
| 3. | Stock farm products (including sericulture and apiculture products; hereinafter the same shall apply) producing facilities not more than the gross area of 250 square meters and not higher than two stories and incidental facilities thereof not more than the gross area of 100 square meters; |
| 4. | A crop farming shed, the gross area of which is not more than 250 square meters and which is not higher than two stories, and its incidental facilities, the gross area of which is not more than 100 square meters; |
| 5. | Storage facilities of agricultural products, forest products, fishery products or stock farm products not more than the gross area of 600 square meters including incidental facilities and not higher than two stories, processing facilities for drying, packing or such or sales facilities: Provided, That the storage facilities on the coast or an island prescribed in Article 14 may not exceed 1,300 square meters in size, and where existing oyster processing facilities (excluding facilities for shelling oysters only; hereinafter the same shall apply) built with permission pursuant to Article 23 of the Act before May 31, 2006 are newly constructed, extended or remodeled by uniting with oyster storage facilities (including existing oyster storage facilities and oyster storage facilities to be constructed in the future) for a series of processes, such as storage, drying, freezing, packing, or such for the purpose of export, the gross area of the united facilities may not exceed 1,500 square meters (where there are existing facilities which are not sold or united, the gross area shall be 1,500 square meters by adding the gross area of existing facilities which are not sold or united to that of the united facilities) in the site where the building site of existing oyster processing facilities is included; |
| 6. | A fishing tackle storage warehouse which is installed in the coast or an island pursuant to each of the subparagraphs of Article 14 and the gross area of which is not more than 100 square meters. |
| (4) | The scope of extension, remodelling and reconstruction of any existing building before a natural environment district in a park is designated as a park, construction of its incidental facilities, and removal and reconstruction thereof permissible due to a natural disaster or park project pursuant to Article 18 (2) 2 (f) of the Act shall be as follows: Provided, That any building determined to be rearranged or removed pursuant to a park planning shall not be extended and its incidental facilities shall not be constructed: <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| 1. | Remodeling and reconstruction within the extent of the gross area of an existing building and extension in accordance with the following standards: |
| (a) | The gross area of stories above ground shall be not more than 200 square meters including that of existing stories above ground and not higher than two stories including existing stories; |
| (b) | The gross area of stories below ground shall be not more than 100 square meters including that of existing stories below ground. |
| 2. | Construction of incidental facilities, the gross area of which is not more than 30 square meters as incidental facilities of residental buildings; |
| 3. | Removing and reconstruction of an existing building within the extent of the gross area (where the gross area of an existing building is less than 200 square meters, it shall be 200 square meters) due to a natural disaster or implementation of a park project. |
| (5) | Minimum acts or construction of facilities necessary for the purpose of national defense or public interest pursuant to Article 18 (2) 2 (h) of the Act shall be any of the following acts or construction of any of the following facilities: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017> |
| 1. | Acts or construction of facilities necessary for national defense: |
| (a) | Military drills conducted within the extent not destroying natural environment; |
| (b) | Construction of facilities requested by the Minister of National Defense as facilities temporarily necessary for military drills. |
| 2. | Acts or construction of facilities necessary for public interest: |
| (a) | Construction of infrastructure for residents of a park area, such as water supplies, sewers, irrigation canals, drain ditches, village access roads, farming roads, banks, facilities for exploiting underground water for agricultural or domestic use or such; |
| (b) | Construction of a public toilet, the gross area of which is not more than 100 square meters; |
| (c) | Construction of facilities for the protection of wildlife and the protection and restoration of ecosystems; |
| (e) | Acts or construction of facilities which cannot be performed in any other place than the relevant natural environment district in a park, as other acts or construction of facilities necessary for public interest. |
| (6) | “Period prescribed by Presidential Decree” in Article 18 (2) 2 (j) of the Act means a period calculated by adding the permitted period of a project to three months. <Newly Inserted by Presidential Decree No. 28077, May 29, 2017> |
| (7) | “Period prescribed by Presidential Decree” in Article 18 (2) 2 (k) of the Act means four months per year. <Newly Inserted by Presidential Decree No. 28077, May 29, 2017> |
| (8) | “Facilities prescribed by Presidential Decree” in Article 18 (2) 2 (k) of the Act means any of the following: <Newly Inserted by Presidential Decree No. 28077, May 29, 2017> |
| 1. | Sales and rental facilities; |
| 3. | Convenience facilities for users, such as changing facilities, shower facilities, public toilets, drinking fountains, communication facilities for public use, and awnings (excluding parking lots and campgrounds); |
| 4. | Safety facilities, such as rescue ships, lifeboats, safety buoys, swimming buoys, lighting facilities, and watchtowers; |
| 5. | Administrative facilities, such as management offices and medical facilities; |
| 6. | Moorings for water-based leisure equipment (only applicable where such moorings are not constructed as park facilities pursuant to Article 18 (2) 2 (b) of the Act); |
[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]
| Article 14-4 (Standards for Acts at Village Districts in Parks) |
| (1) | The scale of a residential building permissible at a village district in a park pursuant to Article 18 (2) 3 (b) of the Act shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017> |
| 1. | A detached house (including a private house with multiple independent spaces for dwellers and multiple dwelling houses in one building), the gross area of which is not more than 230 square meters (including the area of its incidental facilities), the building-to-land ratio of which is not more than 60 percent, and the height of which is not higher than two stories; |
| 2. | Multiple household houses in one building (limited to remodeling or reconstruction of a building), the gross area of which is not more than 330 square meters, the building-to-land ratio of which is not more than 60 percent, and the height of which is not higher than three stories. |
| (2) | Facilities permissible at a village district in a park pursuant to Article 18 (2) 3 (c) of the Act shall be as follows, and the gross area of such facilities prescribed in subparagraphs 1 through 6 shall not exceed 300 square meters; the building-to-land ratio shall not exceed 60 percent; and the height shall not exceed three stories: <Amended by Presidential Decree No. 21629, Jul. 16, 2009; Presidential Decree No. 21887, Dec. 15, 2009; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011; Presidential Decree No. 26316, Jun. 15, 2015> |
| 1. | Facilities excluding a gun store, a pub with karaoke service, a massage parlor of Class 1 neighborhood facilities referred to in subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act and of Class 2 neighborhood facilities referred to in subparagraph 4 of the same attached Table; |
| 5. | A private graveyard, family graveyard and charnel house built for funeral of residents in an island prescribed in subparagraph 2 of Article 14; |
| 6. | A crematorium, excretions disposal facilities and waste disposal facilities built in an island prescribed in subparagraph 2 of Article 14; |
[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]
| Article 14-5 (Standards for Acts at Cultural Heritage Districts in Parks) |
[This Article Wholly Amended by Presidential Decree No. 23194, Sep. 30, 2011]
| Article 14-6 Deleted. <by Presidential Decree No. 23194, Sep. 30, 2011> |
| Article 14-7 (Standards for Acts According to Alteration of Special Purpose Districts) |
"Extension, remodelling, and reconstruction of a building below the scale prescribed by Presidential Decree" in Article 18 (5) of the Act means extension, remodelling and reconstruction of a building on the scale that can be performed at a village district in a park pursuant to Article 14-4 (1) and (2). <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011> [This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]
| Article 15 (Conclusion of Park Protection Agreements) |
| 1. | The occupant of land in a park area, or a person holding a right of superficies thereto; |
| 2. | The owner or occupant of a building in a park area, or a person holding a right of superficies thereto; |
| 3. | The manager of land or a building in a park area (only applicable where consent is obtained from the owner or occupant of such land or building or from a person holding a right of superficies thereto). |
[This Article Newly Inserted by Presidential Decree No. 28077, May 29, 2017]
| Article 16 (Redemptive Right) |
| (1) | "Within the period prescribed by Presidential Decree" in the former part of Article 22 (3) of the Act means within five years from the date on which the land is acquired through consultations, or expropriated. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (2) | The redemptive right referred to in Article 22 (3) of the Act shall be exercised within six years from the date on which the relevant land is acquired through consultations or expropriated after the schedule for the relevant park project is determined and published. |
| (3) | The owner of land or the general successor of land may redeem his/her land after paying to the park management agency the amount equivalent to the compensation he/she has been paid for rights other than his/her ownership. |
| (4) | The provisions of Articles 91 (3) through (6) and 92 of the Act on Acquisition of and Compensation for Land , etc. for Public Works Projects and the Therefor shall apply mutatis mutandis to the redemption right except what is prescribed in paragraphs (1) through (3). <Amended by Presidential Decree No. 17854, Dec. 30, 2002; Presidential Decree No. 19073, Sep. 30, 2005> |
| Article 17 (Application for Permission for Acts, etc.) |
| (1) | Any person who intends to obtain permission for an act in accordance with Article 23 (1) of the Act shall file an application for permission (including any application composed in an electronic document) accompanied by documents (including any electronic document) falling under any of the following subparagraphs with the park management authority: <Amended by Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 19507, Jun. 12, 2006> |
| 1. | The schedule for occupation or project (limited to any matter that has undergone deliberations of the park committee in accordance with Article 23 (3) of the Act); |
| 2. | Deleted; <by Presidential Decree No. 19507, Jun. 12, 2006> |
| 3. | The location map, land register, forest map, and plane figure; |
| 5. | Deleted. <by Presidential Decree No. 19507, Jun. 12, 2006> |
| (2) | The public official who has received an application for permission under paragraph (1) shall confirm each of the following documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where such application is filed with a park management agency which is not an administrative agency, he/she shall have them attached: <Newly Inserted by Presidential Decree No. 19507, Jun. 12, 2006; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22420, Oct. 1, 2010> |
| Article 18 (Matters to be Reported) |
Any of the following acts may be performed after a report is filed with a park management agency in accordance with the proviso to Article 23 (1) of the Act: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 19639, Aug. 4, 2006; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011> | 1. | Any act of expanding a building for residential, agricultural, forestry, or fish-farming purposes at a village district in a park by up to less than 200 square meters, including the existing total floor space: Provided, That when such building is erected within ten meters from the road boundary line, permission therefor shall be obtained; |
| 3. | Any act of planting less than 50 indigenous trees per hectare or planting grass on any area of less than 100 square meters per hectare not for the purpose of cutting down trees at a natural environment district in a park; |
| 4. | Any act of converting a commercial establishment or a lodging establishment into a house at a village district in a park; |
| Article 19 (Matters Omitted from Reports) |
| (1) | Any of the following acts may be omitted in filing a report in accordance with the proviso to the main sentence of Article 23 (1) of the Act: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011; Presidential Decree No. 23194, Sep. 30, 2011; Presidential Decree No. 25456, Jul. 14, 2014; Presidential Decree No. 28077, May 29, 2017> |
| 1. | Any act of renovation, reconstruction or relocation of a building or other facilities erected for the purpose of residence, agriculture, forestry or fish-farming at a village district in a park: Provided, That where such act is performed within ten meters from the road boundary line, permission therefor shall be obtained; |
| 2. | Any act of renovating a toilet with total floor space of not more than ten square meters at a natural environment district in a park or a village district in a park; |
| 3. | Any act of changing the form and quality of land for the purpose of arranging farmland (referring to farmland which is actually being utilized) at a natural environment district in a park or a village district in a park; |
| 3-2. | Any act of changing the form and quality of land, or installing rockslide prevention facilities or other safety facilities, at a road zone pursuant to Article 25 of the Road Act in a park area, which is performed by a road management agency prescribed in Article 23 of the same Act for traffic safety; |
| 4. | Any act of planting indigenous trees or grass at a village district in a park where no forest management plan is formulated; |
| 5. | Any act leading to changing the surface of a river or a lake, or increasing or decreasing the quantity of water therein for water intake for the purpose of agriculture, fish-farming and potable water at a natural environment district in a park or a village district in a park: Provided, That where underground water is tapped, permission therefor shall be obtained; |
| 6. | Any act of keeping bees at a natural environment district in a park or a village district in a park, or grazing five or less heads of cattle per household (20 or less birds per household) at a village district in a park; |
| 7. | Any act of temporarily setting up a shed with floor space of ten square meters for the purpose of stockpiling agricultural and fishery products or of harvesting agricultural crops at a natural environment district in a park or a village district in a park; |
| 8. | Any act of picking or gathering herbs, mushrooms, wild vegetables and marine products, etc., which is performed by residents (referring to residents who live in a park district with their resident registrations made therein, and where the residents organize a consultative body, including such consultative body) who live in a natural park area within the scope not damaging park resources at a natural environment district in a park and a village district in a park after entering into a voluntary agreement with the park management agency; |
| 8-2. | An act of picking and gathering forest products, which is performed by residents (referring to residents who live in a park district with their resident registrations made therein) at a nature conservation district in a park after entering into a voluntary agreement with the park management agency pursuant to Article 18 (2) 1 (g) of the Act; |
| 9. | An act of setting up a greenhouse for agriculture at a specific-use district, other than a nature conservation district in a park; |
| 9-2. | An act of reducing the size of a building for which permission by the park management agency is granted pursuant to the main sentence of Article 23 (1) of the Act, other than each subparagraph, or an act of expanding a residential building only once by not more than 10/100 of the total floor space without changing the number of buildings or stories meeting the standards for acts prescribed in Articles 14-3 through 14-5; |
| 10. | Any of the following acts conducted by the Minister of the Korea Forest Service or the head of a Regional Forest Service in a conservation zone for forest gene resources prescribed in Article 7 (1) 5 of the Forest Protection Act, which shall be reported in advance to the park management agency: |
| 11. | An insignificant act that is deemed by the park management agency not to damage the natural environment or incur any impediment to public access to a park, other than acts prescribed in subparagraphs 1 through 3, 3-2, 4 through 8, 8-2, 9, 9-2, and 10. |
| (2) | The details of a voluntary agreement provided for in paragraph (1) 8 and 8-2 shall contain matters concerning the relevant district, the organization of the consultative body (limited to a case where the consultative body is organized), the timing, objects and methods of picking and gathering, the quantity of picking and gathering, the affixation of certificates showing that a person is permitted to pick and gather, restoration to the original state, and measures against non-compliance with the agreement, and the procedures for and ways of concluding the voluntary agreement shall be determined by the park management agency. <Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005> |
| Article 20 (Damage to Natural Scenery) |
"Acts prescribed by Presidential Decree" in Article 23 (1) 10 of the Act means each of the following acts: <Amended by Presidential Decree No. 22420, Oct. 1, 2010> | 1. | An act of putting up any standing signboard for publicity or advertisement; |
| 2. | An act of setting up any stall in a valley, etc.; |
| 3. | An act of erecting any telegraph pole or setting any barbed-wire, etc.; |
| 4. | An act of erecting any greenhouse or any prefabricated temporary structure. |
| Article 21 (Consultations with Administrative Agency concerned about Permission) |
| (1) | A park management agency shall, when it consults with administrative agencies concerned in accordance with the former part of Article 23 (3) of the Act, furnish the relevant administrative agencies with a copy of the application for permission and related materials referred to in Article 17. <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| (2) | In any of the following cases, a park management agency shall, when it intends to grant permission for any act pursuant to the latter part of Article 23 (3) of the Act, undergo deliberation of the park committee: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010> |
| 1. | Where a facility or an establishment is erected on the site area of not less than 5,000 square meters (2,000 square meters in cases of a nature conservation district in a park; and in cases of military installations, it shall be limited to a case where such military installations are installed for enlarging, creating or relocating a military unit); |
| 2. | Where traffic and transportation facilities, including roads, railroads, tracks, etc., are newly installed by not less than one kilometer, or expanded or extended by not less than one kilometer; |
| 3. | Where minerals (including seabed minerals) are mined, or earth, stones and sand are collected in the area of not less than 1,000 square meters or the collecting quantity thereof is not less than 10,000 tons; |
| 4. | Where an area of not less than 5,000 square meters is cleared, filled up, reclaimed by drainage, or other form and quality of land are changed (in case of military installations, limited to a case where such military installations are installed for enlarging, creating or relocating a military unit); |
| 5. | Where a water-resources development project is undertaken to build a dam, an estuary barrage, a reservoir and a barrier, etc. whose area of full water is not less than 100,000 square meters or whose total water-storage capacity is not less than one million cubic meters; |
| 6. | Deleted. <by Presidential Decree No. 22420, Oct 1, 2010> |
| Article 21-2 (Facilities Subject to Principle of Precedence of Ecological Axis, etc.) |
"Facilities or structures prescribed by Presidential Decree, such as roads, railroads, tramways, telecommunications facilities, and energy supply facilities, etc. prescribed by Presidential Decree" in the main sentence of Article 23-2 of the Act means roads, railroads, tracks, telecommunications facilities, facilities for energy supply, dams, reservoirs, underwater barriers, estuary dykes, and any other facilities or structures that cut through any ecological axis or passage, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011> [This Article Newly Inserted by Presidential Decree No. 20163, Jul. 4, 2007]
| Article 22 (Deposit of Cost for Restoring Original State, etc.) |
| (2) | The cash referred to in paragraph (1) shall be deposited in a financial institution designated by the park management agency. |
| (3) | In the event that a person who has succeeded the status of the person who has obtained permission for the act in accordance with Article 23 (1) of the Act fails to succeed the right with respect to the deposit of cash or payment guarantee, etc., the successor shall deposit the cost required for restoring the original state in accordance with paragraph (1). |
| (4) | In the event that the person who has deposited the cost required for restoring the original state in accordance with paragraph (1) fails to fulfill his/her duty of restoring the original state under Article 24 (4) of the Act, the park management agency shall fulfill his/her duty by proxy in accordance with Article 31 of the Act and then appropriate the cash deposited in accordance with the provisions of paragraph (1) to covering the cost or take steps necessary to restore the original state according to kinds of the deposited payment guarantee, etc. |
| Article 22-2 (Storage and Management of Materials, etc. Removed) |
| (1) | A park management agency shall, whenever it removes an waste material or any other stuff abandoned inside of a natural park (hereinafter referred to as "material, etc.") pursuant to Article 24-2 (1) of the Act, post a sign showing the purport of such removal and the place where the material, etc. is stored at the place where the material, etc. was originally placed, and shall record the description of the material, the quantity, the place where it was abandoned, the date and time when it was removed, the place where it is stored, etc. by owners or care-takers of removed materials, etc. |
| (2) | A park management agency shall, when it removes a material, etc. pursuant to Article 24-2 (1) of the Act, send to the owner or caretaker a notice informing that the material, etc. were removed, that the owner or care-taker shall notify the park management agency of whether the owner or care-taker has a claim on the material, etc. and that the owner or care-taker shall claim the return of the material, if he/she has a claim (hereinafter referred to as the "removal notice"), post the removal notice on its Internet homepage, and shall put a public notice thereof on the bulletin board at the park management agency for one month or longer. |
| (3) | The park management agency concerned shall, if no one claims the return of any removed material, etc. after the expiration of the time period prescribed for public notice in paragraph (2) or it is impossible to find the owner or care-taker, publish the removal notice through a daily newspaper circulated in the locality: Provided, That the same shall not apply where the material, etc. have no value as an asset worth publishing a public notice through a daily newspaper. |
| (4) | Any owner or care-taker, who wants to claim the return of a material, etc., shall file an application for return along with a document describing his/her name, address, and resident registration number and proving that he/she is the legitimate right holder. In this case, the park management agency concerned may collect from the owner or care-taker the expenses spent for removing, transporting, and storing the material, etc. |
| (5) | If it is impossible to find the owner care-taker or if no one claims the return of such removed material, etc. until after one month has elapsed since the public notice date pursuant to paragraph (2), such material, etc. may be disposed of to appropriate the price received therefrom for the expenses spent for removing the material, etc. and other incidental expenses. |
| (6) | If there is any remainder of the price received from such disposition and left over after appropriation under paragraph (5) and if there is no claim for the return of the price from the owner or care-taker within one year after the public notice date under paragraph (3), such remainder shall escheat to the national treasury if the park management agency concerned is the Minister of Environment, or to the local government to which the park management agency concerned belongs if the park management agency is the head of a local government, on the day when one year has elapsed since the public notice date: Provided, That in case of the material, etc. that fall under the proviso to paragraph (3), the remainer of the price received from disposition and left over after appropriation under paragraph (5), if any, shall escheat to the national treasury or the local government concerned. |
[This Article Newly Inserted by Presidential Decree No. 20163, Jul. 4, 2007]
| Article 23 and 24 Deleted. <by Presidential Decree No. 22420, Oct 1, 2010> |
| Article 25 (Prohibited Acts) |
| (1) | "Places and facilities including shelters prescribed by Presidential Decree" in Article 27 (1) 10 of the Act means any of the following places and facilities: |
| 1. | Shelters and their supplementary facilities; |
| 2. | Places and facilities, including trails and tops of mountains which a park management agency deems necessary for prohibiting drinking act, etc. in order to prevent safety accidents and designates for prohibition. |
| (2) | Where a park management agency has designated places and facilities prescribed in paragraph (1) 2, it shall publicly announce such matter by installing signboards, etc. |
| 1. | Unleashing exotic animals in a natural park, which may disturb the park ecosystem; |
| 2. | Planting exotic plants in the forests and fields of a natural park, which may disturb the park ecosystem. |
[This Article Wholly Amended by Presidential Decree No. 28698, Mar. 13, 2018]
| Article 26 (Restrictions on Business, etc.) |
Any of the following business activities or acts may be restricted or prohibited by a park management agency in a park area prescribed in Article 29 (1) of the Act: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 28077, May 29, 2017; Presidential Decree No. 28698, Mar. 13, 2018> | 1. | Speculative acts and other acts similar to such speculative acts; |
| 2. | Entering a park area or a park protection area carrying a saw or an ax, etc. which is feared to damage natural resources; |
| 3. | Entering a park area or a park protection area carrying tools that may cause noises; |
| 5. | Possessing inflammable substances in places designated by the park management agency; |
| 6. | Taking a bath or washing in a valley, which is feared to damage the natural ecosystem; |
| 7. | Other business activities or acts deemed to be a serious impediment to the preservation and management of a natural ecosystem, nature, cultural landscape, etc. |
| Article 27 (Survey of Natural Resources) |
| (1) | The details of a survey or observation of natural resources pursuant to Article 36 of the Act shall be as follows: |
| 1. | The current status of natural park ecosystems and the distribution and habitats of wildlife; |
| 2. | The current status of soil, topography, geological features, and scenery resources; |
| 3. | Other matters recognized by a park management agency as requiring surveys to conserve natural parks. |
| (2) | A survey or observation of natural resources pursuant to paragraph (1) shall be conducted by means of a direct field survey in principle, while utilizing the means of indirect survey, such as remote sensing using an aircraft or artificial satellite, interviews with interested persons, and documentary surveys. |
[This Article Wholly Amended by Presidential Decree No. 28077, May 29, 2017]
| Article 27-2 (Documents Required for Applying for Accreditation of Geoparks) |
| (1) | Where the Mayor/Do Governor files an application for the accreditation of a geopark pursuant to Article 36-3 (1) of the Act, he/she shall submit to the Minister of Environment documents (including electronic documents) including the following: |
| 1. | The name of the geopark; |
| 2. | The purposes and necessity of the accreditation of the geopark; |
| 3. | Data (including experts’ opinions) attesting to the value of the geopark, such as the geological and topographical heritage thereof; |
| 4. | A plan for operation and management of the geopark; |
| 5. | A scheme for operation of the system to maintain and manage the geopark; |
| 6. | Plans of the planned geopark site and the size of each relevant administrative area; |
| 7. | The current state of land classification of geological scenic spots within the planned geopark site and the plans representing such current state. |
[This Article Newly Inserted by Presidential Decree No. 23558, Jan. 26, 2012]
| Article 27-3 (Standards for Accreditation of Geoparks) |
| 1. | A geopark shall have geological scenic spots or historic relics worth to be preserved in harmony with the natural scenery; |
| 2. | A geopark shall meet the requirements published by the Minister of Environment as necessary for accreditation thereof. |
[This Article Newly Inserted by Presidential Decree No. 23558, Jan. 26, 2012]
| Article 27-4 (Geopark Committee) |
| (1) | A Geopark Committee shall be established under the jurisdiction of the Ministry of Environment to deliberate on the following matters: |
| 1. | Matters relating to the accreditation of geoparks and the revocation of such accreditation; |
| 2. | Matters relating to the selection, etc. of geoparks to be proposed for registration as a UNESCO World Geopark according to the UNESCO Geopark Program; |
| 3. | Other important matters relating to the management and operation of geoparks. |
| (2) | The Geopark Committee shall be comprised of not more than 20 members including one chairperson and one vice chairperson. |
| (3) | The chairperson of the Geopark Committee shall be the Vice Minister of Environment, and the vice chairperson thereof shall be elected by mutual votes among members of the Committee. |
| (4) | Members shall be the following persons: <Amended by Presidential Decree No. 24451, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Persons nominated by the heads of the relevant agencies from among the public officials belonging to the Senior Civil Service of the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Foreign Affairs, the Ministry of Public Administration and Security, the Ministry of Culture, Sports and Tourism, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport and the Ministry of Oceans and Fisheries; |
| 2. | Persons nominated by the chairperson of the Korea National Park Service from among the executives thereof; |
| 3. | Persons nominated by the Secretary General of the Korean National Commission for UNESCO; |
| 4. | Persons commissioned by the Minister of Environment from among interested persons, including residents and business operators in geoparks; |
| 5. | Persons commissioned by the Minister of Environment, who have abundant knowledge and experiences in geoparks. |
| (5) | The terms of office of the members referred to in paragraph (4) 4 and 5 shall be two years. |
| (6) | The chairperson shall represent the Committee and take overall charge of the affairs thereof. |
| (7) | The Geopark Committee shall, in principle, meet at least once per quarter, and a meeting thereof shall open with the attendance of a majority of the total members and pass a resolution with the concurrent vote of a majority of those present. |
| (8) | The Geopark Committee shall have one secretary to handle the clerical work thereof, who shall be nominated by the Minister of Environment from among the public officials of Grade IV or higher grade of the Ministry of Environment. |
| (9) | Other matters necessary for the operation of the Geopark Committee shall be determined by the chairperson thereof via resolution by the Geopark Committee. |
[This Article Newly Inserted by Presidential Decree No. 23558, Jan. 26, 2012]
| Article 27-5 (Period for Correction) |
“Period prescribed by Presidential Decree” in the latter part of Article 36-4 (1) of the Act means one year from the date correction is required. [This Article Newly Inserted by Presidential Decree No. 23558, Jan. 26, 2012]
| Article 27-6 (Qualification Standards, etc. for Geopark Guides) |
| (1) | If a person completes a course of study for geopark guides prescribed by Ordinance of the Ministry of Environment under Article 36-6 (2) of the Act, the Minister of Environment may qualify him/her as a geopark guide. |
| (2) | The Mayor/Do Governor may utilize geopark guides for the explanation, education, publicity, etc. of geoparks. |
| (3) | The Minister of Environment or the Mayor/Do Governor may reimburse geopark guides for necessary expenses, etc. within budgetary limits. |
| (4) | If necessary to offer a course of study for geopark guides under paragraph (1), the Minister of Environment may establish and operate educational facilities. |
[This Article Newly Inserted by Presidential Decree No. 23558, Jan. 26, 2012]
| Article 28 through 35 Deleted. <by Presidential Decree No. 28077, May 29, 2017> |
| Article 36 Deleted. <by Presidential Decree No. 22420, Oct. 1, 2010> |
| Article 37 through 39 Deleted. <by Presidential Decree No. 28077, May 29, 2017> |
| Article 40 (Consultations, etc. on Permission) |
| (1) | When a relevant administrative agency intends to consult with a park management agency in accordance with the main sentence of Article 71 (2) of the Act, other than each subparagraph, it shall deliver each of the following documents to the park management agency with a written opinion attached thereto: <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23966, Jul. 20, 2012; Presidential Decree No. 28077, May 29, 2017> |
| 1. | A copy of an application for permission or authorization, etc.; |
| (2) | When the relevant administrative agency grants permission or authorization, etc. in accordance with the main sentence of Article 71 (2) of the Act, it shall furnish without a delay the copy of such permission or authorization to the park management agency. |
| (3) | Where the park management agency is required to undergo deliberation by the park committee in accordance with Article 71 (3) of the Act in holding consultations prescribed in paragraphs (1) or (2) of the same Article, cases falling under any subparagraph of Article 21 (2) are the subjects of such consultations. |
| Article 41 (Application for Adjudication) |
The application for an adjudication provided for in Article 73 (4) of the Act shall be filed with the Central Land Expropriation Committee with respect to a disposition or measures taken by the Minister of Environment or the Mayor/Do Governor, and with the Local Land Expropriation Committee with respect to other matters than such disposition or measures.
| Article 41-2 (Resident Support Projects) |
| 1. | The living environment improvement project: the project undertaken to install basic environmental facilities including sewage treatment facilities, etc.; |
| 2. | The welfare promotion project: the project undertaken to build traffic and convenience facilities, including village access roads, bridges, children playgrounds, public toilets, etc.; |
| 3. | Other project that is recognized by the park management agency as being necessary to improve the living environment of residents and to further their welfare. |
| (2) | A park management agency shall, when it intends to undertake any of the resident support projects referred to in the provisions of paragraph (1), develop a plan for the resident support project, which contains the matters falling under each of the following subparagraphs: |
| 1. | The objectives of the project; |
| 2. | The outline of the project; |
| 3. | The population of the district for which the support project is undertaken; |
| 4. | The plan to secure financial resources; |
| 5. | The plan to undertake the project and the need thereof; |
| 6. | Other necessary matters concerning the undertaking of the resident support project. |
| (3) | A park management agency shall, when it develops the plan to undertake the resident support project pursuant to the provisions of paragraph (2), hear the opinions of residents who live in the relevant park district and consult beforehand with the heads of administrative agencies concerned about required budget and the needs of the project. |
[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 41-3 (Support for Residents by Installing of Drinking-Water and Sewage Systems, etc.) |
| (1) | The subjects of subsidies provided to cover the costs under Article 73-2 (2) of the Act shall be the following facilities which are installed when residental houses (limited to single houses) are newly built, expanded, or rebuilt pursuant to Article 18 (2) 2 and 3 of the Act: <Amended by Presidential Decree No. 20289, Sep. 27, 2007; Presidential Decree No. 21013, Sep. 18, 2008> |
| (2) | A park management agency may, within budgetary limits, deferentially subsidize costs incurred in installing facilities pursuant to paragraph (1) within the scope of 50 percent of the installation costs of such facilities according to the periods during which local residents live in the natural environment district in a park and the village district in a park, and the specific rates by which the costs are subsidized shall be determined by the park management agency. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011> |
| (3) | When a park management agency intends to undertake any of the resident support projects referred to in paragraph (1), it shall publish matters concerning the scope of the facilities subject to the subsidy, the amount of the subsidy provided to cover the costs, ways to file an application for the subsidy, etc. in the Official Gazette or on the Internet home page of the park management agency by 60 days before the project commences. |
[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]
| Article 41-4 (Scope and Types of Field Natural Park Programs) |
| (1) | The scope and types of field natural park programs pursuant to Article 73-3 (2) of the Act shall be as specified in the attached Table 2. <Amended by Presidential Decree No. 28077, May 29, 2017> |
| (2) | Expenses incurred in operating field natural park programs pursuant to paragraph (1) shall be determined by the park management agency within the limits of actual expenses, based on fares, lodging expenses, project operating expenses, etc.: Provided, That for national parks, approval by the Minister of Environment shall be obtained in advance. <Amended by Presidential Decree No. 28077, May 29, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23194, Sep. 30, 2011]
| Article 42 (Limit of Disposition) |
| (1) | "Cases prescribed by Presidential Decree as inevitable for military purposes or public interest" in Article 75 of the Act means the cases falling under any subparagraph of Article 4. |
| (2) | Any property management authority intending to dispose of national or public land under Article 75 of the Act shall consult with the park management agency thereabout. |
| Article 43 (Criteria for Deciding on Land Subject to Purchase) |
The criteria for deciding on any land subject to purchase under Article 77 (3) of the Act (hereinafter referred to as "land subject to purchase") shall be that any land whose usefulness has considerably decreased because it is impossible to use it for the previous purposes without any cause for which the owner of the relevant land is responsible and that the individually published land price of the relevant land at the time an application is filed for purchasing the relevant land shall be less than 70 percent of the average individually published land price of the land that has the same land classification of Eup/Myeon/Dong as that of the relevant land in the same specific use district inside the natural park where the relevant land is located on the grounds that the relevant land subject to purchase may not be used for the purpose of its land classification prior to the designation of the natural park (where the applicant for purchasing the land shows official materials attesting that he/she has legally used the relevant land differently from its land classification registered on the public land register prior to the designation of the park area, the actual purpose prior to the designation of such area shall be deemed the land classification). <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011>
| Article 44 (Procedures for Purchase, etc.) |
| (1) | Any person who intends to apply for the purchase of a land in accordance with Article 77 (1) of the Act shall submit documents prescribed by Ordinance of the Ministry of Environment, including an application for purchasing such land, which state matters falling under each of the following subparagraphs, to the park management agency: |
| 1. | The name and address of land owner (in case of a corporation, its name and the name of its representative); |
| 2. | The number and classification of the land, and the current utilization of the natural park; |
| 3. | In the event any right is established on the relevant land in addition to the ownership thereof, the kind and contents of such right, and the name and domicile of the right holder (in case of a corporation, its name and the name of its representative); |
| 4. | Grounds for applying for purchasing the land. |
| (2) | A park management agency shall, upon receiving an application for purchasing a land under paragraph (1), determine whether the land subject to purchase falls under the criteria provided for in Article 43 (hereinafter referred to as "purchase criteria") and notify the applicant of whether the land it intends to purchase falls under the land subject to purchase and an estimated purchase price (limited to a case where his/her application for purchasing the land falls under the purchase criteria). |
| (3) | The estimated purchase price referred to in paragraph (2) shall be the individually published land price at the time when the application is filed for purchasing the relevant land. |
| (4) | A park management agency shall, when it has served a notice with respect to the estimated purchase price referred to in paragraph (2), determine the purchase price after commissioning an appraiser to estimate a price of the land subject to purchase and then serve a notice thereof to the purchase applicant. In this case, the park management agency shall bear the cost required for appraising such land and notify the purchase applicant of the fact that it commissions the appraiser to estimate the land price one month before it makes such commissioning. |
| Article 45 (Delegation or Entrustment of Authority) |
| (1) | Where the Minister of Environment delegates or entrusts part of his/her authority with respect to the protection of national parks and the maintenance and management of park facilities to the Mayor/Do Governor or the Service in accordance with Article 80 (1) of the Act, he/she shall publish the followings: <Amended by Presidential Decree No. 22420, Oct. 1, 2010> |
| 1. | Persons to whom part of his/her authority is delegated or entrusted; |
| 2. | Names of national parks for which part of his/her authority is delegated or entrusted; |
| 3. | The scope of a park area for which part of his/her authority is delegated or entrusted. |
| (2) | The authority entrusted by the Minister of Environment or the Mayor/Do or the Service pursuant to Article 80 (1) of the Act with respect to national parks shall be as follows: Provided, That the authority provided for in subparagraph 13 shall be delegated only to the Mayor/Do Governor, and when the Service formulates or revises a plan for the conservation and management of each national park based on the authority entrusted in accordance with subparagraph 3-2, it shall report such fact to the Minister of Environment: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 20163, Jul. 4, 2007; Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 23194, Sep. 30, 2011; Presidential Decree No. 28077, May 29, 2017> |
| 1. | The management of air quality and the protection of forests and natural resources; |
| 2. | The maintenance and management of the facilities of national parks, and the implementation of park projects; |
| 3. | Measures taken to ensure the safety of visitors; |
| 3-2. | Matters concerning the formulation of a plan for the conservation and management of each park prescribed in Article 17-3 of the Act; |
| 4. | Matters concerning permission for implementing park projects and managing park facilities and permission for modification thereof under Article 20 (1) and (2) of the Act; |
| 5. | Permission granted for performing act in accordance with Article 23 of the Act (excluding any act subject to deliberation of the National Park Committee prescribed in paragraph (3) of the same Article); |
| 6. | Matters concerning the restoration of natural parks to the original state under Article 24 of the Act; |
| 6-3. | Matters concerning an investigation into the relevant persons, relevant documents, etc. prescribed in Article 24-3 of the Act; |
| 7. | Deleted; <by Presidential Decree No. 22420, Oct 1, 2010> |
| 9. | Matters concerning the prohibition or restriction of access under Article 28 of the Act, such as the designation of a special protection area or temporary access control area within a natural park; |
| 10. | Matters concerning the limitations or prohibition of business or other acts committed under Article 29 of the Act; |
| 11. | Dispositions taken against the violation of Acts and subordinate statutes prescribed in Article 30 of the Act; |
| 15. | Collection of park admission fees and usage fees of park and facilities, and permission granted for collecting usage fees of park facilities prescribed in Article 37 of the Act; |
| 17. | Consultations held pursuant to Article 71 (1) of the Act and the main sentence of Article 71 (2) of the Act (excluding consultations with respect to any disposition taken by the head of a central administrative agency and acts falling under the subjects of consultation by the National Park Committee prescribed in paragraph (3) of the same Article); |
| 18. | Matters concerning the access to and use of a third person's land prescribed in Article 72 of the Act; |
| 20. | The post management of matters for or about which the Minister of Environment has granted permission or consulted in connection with the matters prescribed in subparagraph 5 or 17; |
| 21. | Matters concerning the voluntary agreement concluded under Article 19 (1) 8. |
| (3) | The Minister of Environment shall entrust the following authority to the Service pursuant to Article 80 (1) of the Act: Provided, That where the Service has inspected and examined the current status of management and operation of geoparks pursuant to subparagraph 1, it shall report such fact to the Minister of Environment: <Newly Inserted by Presidential Decree No. 23558, Jan. 26, 2012> |
| 1. | Matters relating to the inspection and examination of the current status of management and operation of geoparks prescribed in the former part of Article 36-4 (1) of the Act; |
| Article 45-2 (Processing of Personally Identifiable Information) |
The Minister of Environment (including any person to whom the relevant authority of the Minister of Environment is delegated or entrusted pursuant to Article 45), the Mayor/Do Governor or the head of a Gun (if his/her relevant authority is delegated or entrusted, including any person to whom it is delegated or entrusted) may process any data which includes resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to perform the following affairs: <Amended by Presidential Decree No. 28077, May 29, 2017> | 2. | Affairs relating to the conclusion of a voluntary agreement with residents prescribed in Article 18 (2) 1 (g) of the Act and the making of private graveyards prescribed in subparagraph 2 (i) of the same paragraph; |
| 3. | Affairs relating to permission for implementing park projects and managing park facilities and permission for modification thereof under Article 20 (1) and (2) of the Act; |
| 3-3. | Affairs relating to the conclusion of park protection agreements and the promotion of projects to implement such agreements concluded under Article 20-2 (1) of the Act; |
| 18. | Affairs relating to the purchase of land, etc. through consultations held under Article 76 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 46 (Imposition and Collection of Administrative Fines) |
The standards for imposition of administrative fines pursuant to Article 86 (1) through (4) of the Act are as specified in attached Table 3. <Amended by Presidential Decree No. 28157, Jun. 27, 2017> [This Article Wholly Amended by Presidential Decree No. 21013, Sep. 18, 2008]
| Article 47 (Disposition Taken for Administrative Fine in National Parks) |
| (1) | In the event that the any employee of the Service or any public official belonging to the City/Do discovers any offense in a national park or a Do park, which is subject to the imposition of an administrative fine pursuant to Article 86 of the Act, the Chairperson of the Service or the Mayor/Do Governor shall notify the head of Gun having jurisdiction over the place where such an offense occurred of the personal information of the offender along with materials such as photographs, video tapes, or pictures taken with any other visual recording medium or unmanned monitoring device and the documents describing the place where such an offense occurred, the details of the offense, etc. <Amended by Presidential Decree No. 20163, Jul. 4, 2007> |
| (2) | The head of Gun shall, upon receiving the notification pursuant to paragraph (1), impose and collect an administrative fine in accordance with Article 86 of the Act. <Amended by Presidential Decree No. 21013, Sep. 18, 2008> |
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on September 29, 2001. |
| (2) | (Transitional Measures concerning Park Facilities) Park facilities set up and installed in natural parks, and park facilities on which the decision of a park planning or alteration thereof is published in accordance with the previous provisions at the time when this Decree enters into force shall be deemed the park facilities set up and installed in accordance with the amended provisions of Article 2. |
| (3) | (Transitional Measures concerning Procedures for Restoring Facilities of Temples or Religious Organizations) The facilities of temples or religious organizations, which are restored, and the facilities of temples or religious organizations, for which restoration permission is obtained on the recommendation of the Minister of Culture and Tourism or an application is filed for restoration permission, both located in natural parks, at the time when this Decree enters into force, shall be deemed the facilities of temples or religious organizations, which have gone through the verification procedures in accordance with the amended provisions of Article 14. |
| (4) | (Transitional Measures concerning Forest Management Plan) The amended provisions of subparagraph 2 of Article 18 shall apply starting with a forest management plan about which consultations are held for the first time after this Decree enters into force. |
ADDENDA <Presidential Decree No. 17809, Dec. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17854, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 17952, Apr. 4, 2003>
This Decree shall enter into force on May 1, 2003.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19073, Sep. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2005: Provided, That the amended provisions of Article 19 (1) 8 shall enter into force on January 1, 2006.
Article 2 (Applicability to Deposit of Costs Needed to Restore to Original State)
The amended provisions of Article 22 (1) shall apply starting with the costs needed to restore to the original state that are first deposited after the enforcement of this Decree.
Article 3 (Applicability to Standards for Imposing Administrative Fine)
The standards for imposing an administrative fine according to the frequency of an act of violation from among the amended provisions of attached Table 3 shall apply starting with an act of violation that is first committed after the enforcement of this Decree.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 19370, Mar. 3, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19639, Aug. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20008, Apr. 12, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20163, Jul. 4, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 4, 2007.
Article 2 (Applicability to Facilities, etc. Subject to Application of Principles of Precedence of Ecological Axis)
The amended provisions of Article 21-2 shall be applicable to the cases where the park planning under Article 16 of the Act is publicly notified, where an application for permission for an act under Article 23 of the Act is filed, or where the consultation about the permission under Article 71 of the Act is requested on and after the enforcement date of this Decree.
Article 3 (Applicability to Plan for Conservation and Management of Each Park)
The park conservation plan or the park management plan fixed and implemented pursuant to the former provision of subparagraph 2 or 4 of Article 17 of the Act in force at the time when this Decree enters into force shall be deemed to be the plan for the conservation and management of each park established pursuant to the amended provisions of Article 132.
ADDENDA <Presidential Decree No. 20289, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21013, Sep. 18, 2008>
This Decree shall enter into force on September 22, 2008.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21629, Jul. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22420, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22915, May 3, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23194, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 6, 2011.
Article 2 (Transitional Measures concerning Alteration of Special Purpose Districts in Natural Parks)
| (1) | Alteration of minor matters in park planning as regards a densely populated village district in a park and a collective facility district in a park that are determined in the park planning under the previous provisions among special purpose districts deemed village districts in parks as at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 11. |
| (2) | If a collective facility district in a park that is determined in park planning under the previous provisions, among special purpose districts deemed village districts in parks as at the time this Decree enters into force, is subdivided in park planning, the previous provisions shall prevail, notwithstanding the amended provisions of Article 15. |
| (3) | Acts that can be performed after a report thereon is filed within a densely populated village district in a park that is determined in park planning under the previous provisions among special purpose districts deemed village districts in parks as at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 18. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23558, Jan. 26, 2012>
This Decree shall enter into force on January 29, 2012: Provided, That the amended provisions of Articles 5 and 7 shall enter into force on July 1, 2012.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26316, Jun. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015. (Proviso Omitted)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27245, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28077, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017: Provided, That the amended provisions of the Note in attached Table 1-2 shall enter into force on January 1, 2018.
Article 2 (Applicability to Park Facilities Permissible in Nature Conservation Districts in Parks)
The amended provisions of the Note in attached Table 1-2 shall apply to trails that are established in a nature conservation district in a park on or after the enforcement date of this Decree.
Article 3 (Transitional Measures concerning Park Facilities)
With respect to children playgrounds and entertainment establishments installed or to be installed in a natural park in accordance with a park plan and a plan for the conservation and management of each park as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraphs 3 and 6 of Article 2.
Article 4 (Transitional Measures concerning Scale of Marine Farming Fishery Facilities and Facilities for Marine Fishery Seed Producing Industry)
Where any marine farming fishery facility or facility for marine fishery seed producing industry is established with permission pursuant to Article 23 (1) of the Act, or an application for permission pursuant to Article 23 (1) of the Act is filed to establish such facility, before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of attached Table 1-4: Provided, That when the amended provisions of attached Table 1-4 are more lenient than the previous provisions thereof, the former shall apply.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 28157, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 28, 2017: Provided, That the amended provisions of the proviso to Article 14-3 (1) shall enter into force on January 1, 2018.
Article 2 (Applicability to Park Facilities Permissible in Natural Environment Districts in Parks)
The amended provisions of the proviso to Article 14-3 (1) shall apply to trails that are established within a national park in a natural environment district in a park on or after the enforcement date pursuant to the proviso to Article 1 of these Addenda.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees which are amended in accordance with Article 8 of the Addenda to the Decree on the Organization of the Ministry of Public Administration and Security and Institutions under Its Jurisdiction, the amended portions of a Presidential Decree promulgated before the Decree on the Organization of the Ministry of Public Administration and Security and Institutions under Its Jurisdiction enters into force, the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of such Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28698, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 13, 2018.
Article 2 (Transitional Measures concerning Evaluation of Impacts on Natural Environment)
Evaluation conducted by a park management agency pursuant to Article 17 (2) of the Act as at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding amended provisions of subparagraphs 4 and 6 of Article 13.
Article 3 (Transitional Measures concerning Administrative Fines)
The former provision shall apply to the application of fines for any violation committed before this Decree enters into force.