Article 1(Purpose) #
The purpose of this Act is to readjust the Seoul Metropolitan Area in an orderly fashion and to develop it in a balanced manner by prescribing matters necessary for the formulation of a comprehensive plan for the readjustment of the Seoul Metropolitan Area and for the implementation thereof to lead to an appropriate rearrangement of people and industries that are excessively concentrated in the Seoul Metropolitan Area.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "Seoul Metropolitan area" means the Seoul Special Metropolitan City and its neighboring area prescribed by Presidential Decree;
2. The term "Seoul Metropolitan area readjustment plan" means the plan, formulated pursuant to Article 4, on the basis of comprehensive national land plans under Article 6 (2) 1 of the Framework Act on the National Land;
3. The term "population-concentrating facilities" means schools, factories, public office buildings, office buildings, commercial buildings, in-service training facilities, and other population-concentrating facilities, types of which are prescribed by Presidential Decree, and the scales of which exceed those prescribed by Presidential Decree;
4. The term "large-scale development project" means a project which has the purpose of developing a housing site, industrial site, tourist resort site, etc., the type of which is prescribed by Presidential Decree, and the scale of which is not less than those prescribed by Presidential Decree;
5. The term "industrial area" means the following areas:
(a) The industrial area designated by the National Land Planning and Utilization Act;
(b) A group of areas that is being used, or is planned to be used, as an industrial site, or for its collateral usages, in accordance with the National Land Planning and Utilization Act or other related statutes, the type of which is prescribed by Presidential Decree, and the scale of which is not less than those prescribed by Presidential Decree.
Article 3(Relationship with Other Plans) #
(1) The Seoul Metropolitan area readjustment plan shall take precedence over urban/Gun plans within the Seoul Metropolitan area under the National Land Planning and Utilization Act, and land utilization plans, development plans, etc. under other statutes or regulations, and shall form the basis of the said plans; provided, the same shall not apply to matters related to military affairs of the Seoul Metropolitan area. <Amended on Apr. 14, 2011>
(2) The head of any central administrative agency or the head of any relevant administrative agency, such as the Seoul Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the head of a Si/Gun or autonomous Gu, shall not establish or implement any land utilization plan, development plan, etc. that is inconsistent with the Seoul Metropolitan area readjustment plan.
Article 4(Formulation of Seoul Metropolitan Area Readjustment Plans) #
(1) In order to control the concentration of population and industries in the Seoul Metropolitan area and to secure appropriate distribution thereof, the Minister of Land, Infrastructure and Transport shall formulate a Seoul Metropolitan area readjustment plan that includes the following after hearing the opinions of the head of any relevant central administrative agencies and the Seoul Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as a "Mayor/Do Governor"): <Amended on Mar. 23, 2013>
1. Matters concerning the goals and basic direction of the Seoul Metropolitan area readjustment;
2. Matters concerning the distribution of population, industries, etc.;
3. Matters concerning the division of regions and the readjustment of each region;
4. Matters concerning the management of population-concentrating facilities and development projects;
5. Matters concerning the readjustment of wide-area traffic facilities and water-supply and sewerage, etc.;
6. Matters concerning environmental preservation;
7. Matters concerning various assistance, etc. for the Seoul Metropolitan area readjustment;
8. Matters concerning the implementation and management of plans concerning matters prescribed in subparagraphs 1 through 7 listed above;
9. Other matters prescribed by Presidential Decree concerning the Seoul Metropolitan area readjustment.
(2) The Minister of Land, Infrastructure and Transport shall decide on the Seoul Metropolitan area readjustment plan prescribed in paragraph (1) by undergoing deliberation by the State Council and obtaining the approval of the President, after deliberation by the Seoul Metropolitan Area Readjustment Committee as prescribed in Article 21. The same shall apply to any modification of the Seoul Metropolitan area readjustment plan already decided; provided, modification of minor matters prescribed by Presidential Decree may be made after deliberation by the Seoul Metropolitan Area Readjustment Committee. <Amended on Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall publicly notify the Seoul Metropolitan area readjustment plan decided or modified pursuant to paragraph (2) as prescribed by Presidential Decree, and shall give such notice to the head of the relevant central administrative agency and the relevant Mayor/Do Governor. <Amended on Mar. 23, 2013; Dec. 10, 2019>
Article 5(Implementation Plans) #
(1) In order to implement the Seoul Metropolitan area readjustment plan, the head of a central administrative agency and a Mayor/Do Governor shall formulate an implementation plan for their jurisdiction and submit it to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(2) The implementation plans prescribed in paragraph (1) shall be finalized after deliberation by the Seoul Metropolitan Area Readjustment Committee, and whenever the implementation plan is finalized, the Minister of Land, Infrastructure and Transport shall notify the head of the relevant central administrative agency and the relevant Mayor/Do Governor thereof. <Amended on Mar. 23, 2013>
(3) Upon being notified of the finalized implementation plan, the relevant Mayor/Do Governor shall, without delay, issue public notice of it.
(4) The head of a central administrative agency and a Mayor/Do Governor shall submit their performance in executing the implementation plan to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on May 19, 2011; Mar. 23, 2013>
Article 6(Division and Designation of Regions) #
(1) For the sake of appropriate dispersion of population and industries within the Seoul Metropolitan area, the Seoul Metropolitan area shall be classified as follows:
1. Overconcentration control region: the area in which population and industries are, or are likely to be, excessively concentrated in such a way, that transfer out of which, or readjustment of which, is deemed necessary;
2. Growth management region: the area into which the population and industries transferring out of the overconcentration control region shall be intentionally solicited, and for which proper management of the accommodation of industries and of urban development is required;
3. Nature preservation region: the area in which preservation of the natural environment, such as the water of the Han River system and green belt areas, is required.
(2) The scope of the overconcentration control region, growth management region, and nature preservation region shall be prescribed by Presidential Decree.
Article 7(Restriction on Acts within Overconcentration Control Region) #
(1) Within an overconcentration control region, no head of a relevant administrative agency shall engage in any of the following acts; nor shall he or she grant the permission, authorization, approval, nor engage in consultation, etc., (hereinafter referred to as "permission, etc.") regarding the following:
1. Installation or extension (including alteration of usage, and the extension of a school means increasing the fixed number of students to be admitted into a school; hereinafter the same shall apply) of such schools, public office buildings, in-service training facilities, and other population-concentrating facilities prescribed by Presidential Decree;
2. Designation of an industrial area.
(2) If deemed necessary for the development of the national economy and the promotion of public welfare, the head of a relevant administrative agency may engage in the following conducts or grant permission, etc. therefor, notwithstanding paragraph (1): <Amended on Mar. 23, 2013>
1. Installation or extension of schools or public office buildings prescribed by Presidential Decree;
2. Designation of industrial areas within such an extent that does not increase the total area of the existing industrial areas within the Seoul Special Metropolitan City, a Metropolitan City, or a Do (hereinafter referred to as "City/Do"), respectively; provided, this provision shall apply only to where the Minister of Land, Infrastructure and Transport make a designation or grants permission, etc., after deliberation by the Seoul Metropolitan Area Readjustment Committee.
Article 8(Restriction on Acts within Growth Management Region) #
(1) In order to ensure that the growth management region under his or her control achieves an appropriate level of growth while preventing overconcentration of population there, the head of a relevant administrative agency shall neither install or extend schools, public office buildings, in-service training facilities, or other population-concentrating facilities prescribed by Presidential Decree, nor grant permission, etc. therefor.
(2) Where the head of the relevant administrative agency intends to designate industrial areas within the growth management region under his or her control, he or she shall comply with the conditions prescribed by the Seoul Metropolitan area readjustment plan, within the scope prescribed by Presidential Decree.
Article 9(Restriction on Acts within Nature Preservation Region) #
Within the nature preservation region under his or her control, no head of a relevant administrative agency shall engage, nor shall he or she grant permission, etc., for the following activities; provided, these provisions shall not apply to cases deemed necessary for the development of the national economy and for the promotion of public welfare, as prescribed by Presidential Decree:
1. Such development projects, whose purposes are to prepare housing sites, industrial sites, tourist resort sites, etc., the types of which are prescribed by Presidential Decree, and the scale of which exceeds that prescribed by Presidential Decree;
2. Installation or extension of such schools, public office buildings, office buildings, commercial buildings, in-service training facilities, and other population-concentrating facilities prescribed by Presidential Decree.
Article 10(Assistance to Persons Intending to Relocate) #
As for the persons who intend to transfer population-concentrating facilities out of the overconcentration control region to a site prepared in the growth management region, the State, local governments, or public agencies under the Act on the Management of Public Institutions may give priority to allocating the site to such persons.
Article 11(Measures to be Taken for Former Building Sites) #
(1) In order to make sure that the former building site of the overconcentration control region, from which population-concentrating facilities were moved out (hereinafter referred to as "former building site") be used for a purpose other than the installation or extension of population-concentrating facilities, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may take necessary measures such as the alteration of the usage of an area as prescribed in such related statutes as the National Land Planning and Utilization Act. <Amended on Mar. 23, 2013>
(2) Where the head of a relevant administrative agency intends to install or extend population-concentrating facilities on a former building site, the scale of which is greater than that prescribed by Presidential Decree, or to grant the permission, etc. therefor, he or she shall formulate an utilization plan in advance, and shall consult with the Minister of Land, Infrastructure and Transport or obtain his or her approval thereof after deliberation by the Seoul Metropolitan Area Readjustment Committee. <Amended on Mar. 23, 2013>
Article 12(Imposition and Collection of Overconcentration Charges) #
(1) Where a person intends to construct (referring to new construction, extension and alteration of usage into a public office building in a facility that is not a public office building, and other alteration of usage prescribed by Presidential Decree; hereinafter the same shall apply) an office building, a commercial building, a public office building or such other buildings prescribed by Presidential Decree, from among population-concentrating facilities, in such area, within an overconcentration control region prescribed by Presidential Decree, he or she shall pay a overconcentration contribution charge (hereinafter referred to as "overconcentration charge").
(2) Where the person liable to pay an overconcentration charge is a cooperative prescribed by Presidential Decree, and where the said cooperative has been dissolved, the members thereof shall pay the overconcentration charge.
(3) The provisions of Articles 23 through 25, and 38 through 41 of the Framework Act on National Taxes shall apply mutatis mutandis to the succession to an obligation of payment of overconcentration charges, obligation of joint and several payment thereof, and secondary obligation of payment thereof.
Article 13(Reduction or Exemption from Overconcentration Charges) #
With respect to the following building structures, an overconcentration charge may be reduced or exempted as prescribed by Presidential Decree: <Amended on Feb. 8, 2017>
1. Building structures constructed by the State or local governments;
2. Building structures designed by redevelopment projects under the Act on the Improvement of Urban Areas and Residential Environments;
3. Building structures used as parking lots or for other purposes prescribed by Presidential Decree;
4. Building structures, the area of which does not exceed the area prescribed by Presidential Decree.
Article 14(Criteria for Computation of Overconcentration Charges) #
(1) The amount of an overconcentration charge shall be equal to 10/100 of the costs of constructing a relevant building, but may be adjusted, as prescribed by Presidential Decree, down to 5/100 of the costs of constructing the relevant building in consideration of various conditions, etc. of each relevant area.
(2) The costs of constructing the building as prescribed in paragraph (1) shall be computed on the basis of the standard costs of constructing the building publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(3) Detailed matters concerning the computation of amounts of overconcentration charges shall be prescribed by Presidential Decree.
Article 15(Imposition, Collection, and Due Date for Payment of Overconcentration Charges) #
(1) Overconcentration charges shall be imposed and collected by the Mayor/Do Governor having jurisdiction over the area in which the building structure in question is located; in such cases, the amount of each overconcentration charge shall be computed based on the date on which the relevant permission for construction of the relevant building structure was granted, the report on construction was made, or the alteration of usage was made.
(2) The due date for the payment of overconcentration charges shall be the date on which the approval for the use of the relevant building structure (referring to the date on which the approval for temporary use is given, in cases of approval for temporary use) is given, but where the approval for the use is unnecessary, six months from the date of imposition.
(3) Where a payment obligee has failed to pay an overconcentration charge by the due day for payment, the relevant Mayor/Do Governor shall issue a demand notice within 10 days from the date of the expiration of the due date for payment, and the payment period in such cases shall be 10 days from the date of the release of the demand notice.
(4) Where a payment obligee has failed to pay an overconcentration charge by the due date for payment, the relevant Mayor/Do Governor shall collect an additional charge by applying mutatis mutandis Article 21 of the National Tax Collection Act. <Amended on Jan. 17, 2017>
(5) Where a payment obligee has failed to pay an overconcentration charge and an additional charge by the due date for payment as provided in the demand notice, the relevant Mayor/Do Governor may collect them in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020>
(6) The provisions of the Framework Act on Local Taxes shall apply mutatis mutandis to the handling of overconcentration charges, additional charges, and expenses for disposition for deferred payment that have been paid in excess or in error, and other necessary matters concerning the methods and procedures, etc. for the imposition, collection, and payment of overconcentration charges shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2010; Jan. 17, 2017>
Article 16(Distribution of Overconcentration Charges) #
A 50/100 of the overconcentration charge collected shall devolve on the special account for balanced regional development under the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development, and the other 50/100 shall devolve on the City/Do governments to which the land on which the overconcentration charge was collected belongs. <Amended on Act No. 9629. Apr. 22, 2009; Jan. 7, 2014; Mar. 20, 2018; Jun. 9, 2023>
Article 17(Filing Complaints) #
(1) Any person who wishes to file a complaint against the imposition and collection of an overconcentration charge may file a request for administrative appeals with the Central Land Tribunal as prescribed in the Act on Acquisition of and Compensation for Land for Public Works Projects.
(2) Notwithstanding Article 6 of the Administrative Appeals Act, the Central Land Tribunal shall decide after deliberation and resolution on the requests for the administrative appeals as prescribed in paragraph (1). <Amended on Jan. 25, 2010>
Article 18(Total Quantity Regulation) #
(1) In order to prevent overconcentration, in the Seoul Metropolitan area, of factories, schools, and such other population-concentrating facilities prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport may set a total permissible quantity of installations and extensions, and restrict any installation or extension which exceeds such quantity. In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify the total permissible quantity and the basis of calculation thereof. <Amended on Mar. 23, 2013; Jun. 12, 2018>
(2) The details and methods of total quantity regulations under paragraph (1), with respect to factories, shall be decided upon after deliberation by the Seoul Metropolitan Area Readjustment Committee as prescribed by Presidential Decree, and the Minister of Land, Infrastructure and Transport shall publicly notify such decision. <Amended on Mar. 23, 2013>
(3) The details of total quantity regulation under paragraph (1), with respect to schools and such other population-concentrating facilities prescribed by Presidential Decree shall be prescribed by Presidential Decree.
(4) The head of a relevant administrative agency shall not grant permission, etc., for installation or extension of population-concentrating facilities in breach of the total quantity regulation under paragraphs (2) and (3).
Article 19(Regulation on Large-Scale Development Projects) #
(1) When the head of any relevant administrative agency intends to implement, or grant permission, etc. for, a large-scale development project within the Seoul Metropolitan area, he or she shall consult on the development project plan with the Minister of Land, Infrastructure and Transport or obtain the said Minister's approval therefor, after deliberation by the Seoul Metropolitan Area Readjustment Committee. The same shall also apply when the Minister of Land, Infrastructure and Transport intends to implement, or grant permission, etc. for a large-scale development project. <Amended on Mar. 23, 2013>
(2) When requesting deliberation to the Seoul Metropolitan Area Readjustment Committee under paragraph (1), the head of any relevant administrative agency shall devise measures to prevent the problems of traffic congestion, environmental pollution, and population concentration and a plan to establish interstate infrastructures prescribed by Presidential Decree, respectively, and submit them also. <Amended on May 19, 2011>
(3) Measures to prevent the problems of traffic congestion and environmental pollution under paragraph (2) shall be governed respectively by the Urban Traffic Improvement Promotion Act and the Environmental Impact Assessment Act, and matters necessary for analyzing the population attraction effect and establishing measures to mitigate population concentration to prevent the population concentration problems shall be prescribed by Presidential Decree. <Amended on May 19, 2011>
Article 20(Bearing of Installation Expenses of Interstate Infrastructures) #
The expenses incurred in installing interstate infrastructures as prescribed in Article 19 (2), may be turned over to the implementer of the relevant large-scale development project upon deliberation by the Seoul Metropolitan Area Readjustment Committee.
Article 21(Establishment of Seoul Metropolitan Area Readjustment Committee) #
(1) A Seoul Metropolitan Area Readjustment Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport to deliberate on important policies related to the readjustment, and the sound development, of the Seoul Metropolitan area. <Amended on May 19, 2011; Mar. 23, 2013>
(2) The Committee shall deliberate on the following matters:
1. Matters concerning the formulation and modification of the Seoul Metropolitan area readjustment plan;
2. Matters concerning an implementation plan for the Seoul Metropolitan area readjustment plan, by the jurisdiction of each related administrative agency;
3. Matters concerning the coordination of policies and plans related to the Seoul Metropolitan area readjustment;
4. Matters concerning the designation of industrial areas to be promoted within the overconcentration control region;
5. Matters concerning utilization plans for the former building sites;
6. Matters concerning the total quantity regulation under Article 18;
7. Matters concerning development plans under large-scale development projects;
8. Other matters necessary for the Seoul Metropolitan area readjustment and prescribed by Presidential Decree.
Article 22(Composition) #
(1) The Committee shall be comprised of no more than 20 members, including one Chairperson.
(2) The Minister of Land, Infrastructure and Transport shall be the Chairperson. <Amended on Mar. 23, 2013>
(3) Following persons shall be the members of the Committee, but the number of persons falling under subparagraph 3 shall be at least five: <Amended on Mar. 23, 2013>
1. Vice Ministers of relevant central administrative agencies prescribed by Presidential Decree;
2. Deputy Mayors or Deputy Governors of Cities or Dos, prescribed by Presidential Decree;
3. Persons commissioned by the Minister of Land, Infrastructure and Transport from among those who have abundant knowledge and experience relating to Seoul Metropolitan area policies.
(4) The term of office of the members falling under paragraph (3) 3 (hereinafter referred to as "commissioned members") shall be two years and may be renewed.
[This Article Wholly Amended on May 19, 2011]
Article 22-2(Grounds for Disqualification of Commissioned Members) #
(1) None of the following persons shall be a commissioned member: <Amended on Jan. 17, 2017; Jun. 9, 2020>
1. A person under adult guardianship or limited guardianship;
2. A person declared bankrupt, but not yet reinstated;
3. A person in whose case two years have not passed since the execution of his or her imprisonment without labor or heavier punishment declared by a court was terminated (including where such execution is deemed terminated) or exempted;
4. A person who is under the suspension of the execution of his or her imprisonment without labor or heavier punishment as declared by a court.
(2) If a commissioned member falls under any subparagraph of paragraph (1), he or she shall be disqualified as a member.
[This Article Added on May 19, 2011]
Article 22-3(Legal Fiction as Public Officials in Application of Penalty Provisions) #
Commissioned members of the Committee shall be deemed public officials for the purposes of Articles 127 and 129 through 132 of the Criminal Act.
[This Article Added on May 19, 2011]
Article 23(Establishment of Seoul Metropolitan Area Readjustment Working Committee) #
(1) A Seoul Metropolitan Area Readjustment Working Committee, which is comprised of public officials of the relevant administrative agencies and persons with abundant knowledge and experience relating to the Seoul Metropolitan area readjustment policies, shall be established within the Committee.
(2) The Seoul Metropolitan Area Readjustment Working Committee shall deliberate on the following duties or matters: <Amended on May 19, 2011>
1. Review and coordination of matters to be deliberated by the Committee;
2. Matters delegated by the Committee, as prescribed by Presidential Decree.
Article 23-2(Preparation, Preservation, and Disclosure of Minutes) #
(1) The Committee and the Seoul Metropolitan Area Readjustment Working Committee shall prepare and keep minutes detailing the following matters; provided, in cases of written deliberation, a written resolution shall be substituted for the minutes:
1. Date and venue of the meeting;
2. Members present;
3. Matters deliberated upon and decided.
(2) The minutes referred to in paragraph (1) shall be disclosed; provided, information subject to non-disclosure prescribed in Article 9 (1) of the Official Information Disclosure Act may not be disclosed.
[This Article Added on Jan. 17, 2017]
Article 23-3(Aggregation and Publication of Deliberation Results) #
The Committee and the Seoul Metropolitan Area Readjustment Working Committee shall aggregate deliberation results under Articles 21 (2) and 23 (2) respectively, and publicize the results when disclosing the minutes under Article 23-2 (2).
[This Article Added on Dec. 18, 2018]
Article 24(Organization of Committee) #
Except as provided in this Act, matters necessary for the organization, operation, etc. of the Committee and the Seoul Metropolitan Area Readjustment Working Committee shall be prescribed by Presidential Decree.
Article 25(Preliminary Investigation) #
Where the Minister of Land, Infrastructure and Transport finds it necessary for the formulation or modification of the Seoul Metropolitan area readjustment plan or for the efficient implementation of the Seoul Metropolitan area readjustment plan, he or she may conduct a preliminary investigation into population levels, industries, land utilization, major facilities, infrastructures, etc., or may request the heads of the relevant administrative agencies to submit necessary data or to provide assistance. <Amended on Mar. 23, 2013>
Article 26(Reports and Supervision) #
(1) Where the Minister of Land, Infrastructure and Transport finds it necessary for the efficient implementation of the Seoul Metropolitan area readjustment plan, he or she may order a Mayor/Do Governor to file a report or to submit data, and may request public officials under his or her jurisdiction to inspect or investigate the status of implementation of the relevant work or the current state of the relevant area. <Amended on Mar. 23, 2013>
(2) Any public official who inspects or investigates the status of implementation of the relevant work or the current status of the relevant area under paragraph (1), shall carry an identification indicating his or her authority and present it to related persons.
Article 27(Delegation of Rights) #
The Minister of Land, Infrastructure and Transport may delegate part of his or her rights prescribed in this Act to a Mayor/Do Governor as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>