URBAN PLANNING ACT

Article 1(Purpose) #

The purpose of this Act is to ensure public peace and order, to advance public well-being, and to improve the quality of the lives of the residents by prescribing the necessary matters concerning the formulation and execution of urban plans for development, improvement, management, and preservation, etc. of urban communities.

Article 2(Fundamental Ideology of Urban Planning) #

(1) Urban planning shall be formulated and executed so that the residential function, the commercial function, and the industrial function, etc. of an urban community may be in harmony with each other and the residents may live comfortably and safely.

(2) The State, local government and residents shall put their efforts together for environmentally sound and sustainable development of an urban community.

Article 3(Definitions) #

For the purpose of this Act,

1. the term “fundamental urban planning” means comprehensive planning that presents the fundamental spatial organization and a longterm developmental direction for an urban community, which becomes a guideline in the formulation of urban planning;

2. the term “metropolitan planning” means planning that presents the long-term developmental direction for a metropolitan area that is so designated under the provisions of Article 11;

3. the term “urban planning” means the following planning for land use, transportation, environment, safety, industry, information communication, sanitation, public welfare, security, culture, etc. that is formulated for the sake of development, improvement, management, and preservation of an urban community:

(a) planning for designation or change of urban planning zones;

(b) planning for designation or change of areas and districts;

(c) planning for designation or change of development restriction zones and street creation regulation zones;

(d) planning for installation, maintenance, or improvement of the urban infrastructure;

(e) planning for urban development projects or urban redevelopment projects; and

(f) planning for designation or change of district unit planning zones and planning for district units;

4. the term “district unit planning” means urban planning for parts of urban planning zones that is formulated in order to rationalize land use, improve the function and appearance of the urban community, and ensure a satisfactory environment;

5. the term “urban planning zone” means a target area for formulation of urban planning, which is a zone so designated under the provisions of Article 30;

6. the term “urban infrastructure” means the facilities referred to in the following items that may be installed by decision through urban planning and are determined by the Presidential Decree:

(a) transportation facilities such as roads, railways, harbors and bays, airports, and parking lots;

(b) urban space facilities such as public squares, parks, and greens;

(c) distribution and supply facilities such as distribution service accomodations, water, electricity and gas service lines, broadcasting and communication facilities, and common ditches;

(d) public and cultural facilities such as schools, athletic fields, public office buildings, and cultural centers;

(e) disaster preventive facilities such as reservoirs for controlling the level of running water and fire preventive facilities; and

(f) health and hygiene facilities such as sewerage, crematoria, public cemeteries, and waste disposal facilities;

7. the term “facilities under urban planning” means the facilities, from among the urban infrastructure, that are determined through urban planning under the provisions of Article 24;

8. the term “metropolitan facilities” means the facilities referred to in the following items which constitute urban infrastructure requiring a maintenance system over a wide area and determined by the Presidential Decree:

(a) facilities that extend over the jurisdictional area of at least two of the Special Metropolitan City, Metropolitan Cities, Shis, or Kuns (excluding any Gun that is located within the jurisdictional area of a Metropolitan City; the same shall apply hereinafter); and

(b) facilities that are used jointly by at least two of the Special Metropolitan City, Metropolitan Cities, Shis or Kuns;

9. the term “common ditch” means facilities that are installed underground in order to aim for improvement of the appearance of an urban community, preservation of the road structure, and the unhindered passage of traffic by collectively accommodating the underground structures (service lines for electricity, gas, water, etc., communications facilities, sewerage system, etc.);

10. the term “projects for facilities under urban planning” means projects for installing, maintaining, or improving the facilities under urban planning;

11. the term “urban development projects” means the urban development projects referred to in the Urban Development Act;

12. the term “urban redevelopment projects” means the urban redevelopment projects referred to in the Urban Redevelopment Act;

13. the term “urban planning projects” means projects for facilities under urban planning, urban development projects, and urban redevelopment projects that are projects for implementation of urban planning;

14. the term “implementer of an urban planning project” means a person who implements an urban planning project under the provisions of this Act or other Acts;

15. the term “public facilities” means roads, parks, and other facilities for public use that are determined by the Presidential Decree; and

16. the term “state planning” mean the planning that is formulated by the central administrative agencies according to the provisions of Acts and includes matters to be decided by urban planning.

Article 4(Comprehensive Countermeasure for Growth of Urban Communities) #

(1) The Minister of Construction and Transportation shall present a policy direction for the balanced and sustainable growth of the urban community areas nationwide and devise a countermeasure which combines the state policies therefor (hereinafter referred to as a “comprehensive countermeasure for growth of urban communities”) for every five years under the conditions as prescribed by the Presidential Decree.

(2) The comprehensive countermeasure for growth of urban communities shall include the matters referred to in the following subparagraphs:

1. Matters concerning balanced growth of the urban community areas;

2. Matters concerning environmentally sound and sustainable growth of urban community areas;

3. Matters concerning the basic direction of urban development;

4. Matters concerning control of expansion of the spheres of big cities;

5. Matters concerning growth of small and medium-sized cities; and

6. Other matters determined by the Presidential Decree.

(3) In formulating the comprehensive countermeasure for growth of urban communities, the Minister of Construction and Transportation shall beforehand take the opinions of the head of the relevant central administrative agency and the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor concerned (hereinafter referred to as the “Mayor/Do governor”).

(4) The comprehensive countermeasure for growth of urban communities shall be confirmed by the Minister of Construction and Transportation after it passes through deliberation of the Central Urban Planning Committee which is referred to in Article 77 and deliberation of the State Council.

(5) When the comprehensive countermeasure for growth of urban communities is confirmed, the Minister of Construction and Transportation shall inform the head of the relevant central administrative agency and the Mayor/Do governor or head of Si or Gun concerned (excluding the head of any Gun that is located within the jurisdictional area of a Metropolitan City; the same shall apply hereinafter) without any delay.

(6) The head of the relevant central administrative agency and the Mayor/ Do governor or head of Si or Gun concerned shall actively cooperate for the unhindered implementation of the comprehensive countermeasure for growth of urban communities.

Article 5(Designation of and Support for Model Urban Communities) #

(1) When such a measure as follows is necessary in order to facilitate sustainable growth of the urban communities in an individualistic manner that makes most out of their economic, social and cultural characteristics, the Minister of Construction and Transportation may, either directly or upon a request of the head of the relevant central administrative agency or the Mayor/Do governor concerned, designate the model urban communities (including model districts and model complexes) for ecosystem, information communication, science, culture, tourism and other fields as determined by the Presidential Decree.

(2) The Minister of Construction and Transportation, the head of the relevant central administrative agency, or the Mayor/Do governor concerned may provide necessary support such as budget, manpower, etc. for the model urban communities that are so designated under the provisions of paragraph (1).

(3) The Minister of Construction and Transportation may request the head of the relevant central administrative agency or the Mayor/Do governor concerned for submission of materials that are necessary for designation of and support for the model urban communities.

(4) Matters necessary with regard to the criteria and procedures for the designation of and support for the model urban communities shall be determined by the Presidential Decree.

Article 6(Holder of Authority to Formulate and Areas Targeted for Fundamental Urban Planning) #

(1) The Special Metropolitan City Mayor, Metropolitan City Mayors, and the heads of Shis shall formulate the fundamental urban planning for the area under their jurisdiction: Provided, That this shall not apply if metropolitan planning is already in place and in the case of Shis as determined by the Presidential Decree.

(2) The heads of Kuns may formulate fundamental urban planning for areas under their jurisdiction when such a measure is recognized to be necessary. In such a case the Minister of Construction and Transportation shall be conferred with beforehand.

(3) The Special Metropolitan City Mayor, Metropolitan City Mayors, and the heads of Shis or Kuns may formulate fundamental urban planning for part of the areas under their jurisdiction or formulate fundamental urban planning that includes the jurisdictional area of nearby Special Metropolitan City, Metropolitan City, Si or Gun when such act is recognized to be necessary in consideration of the regional conditions.

(4) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun intends to formulate fundamental urban planning that includes the jurisdictional area of nearby Special Metropolitan City, Metropolitan City, Si or Gun under the provisions of paragraph (3), he shall beforehand confer with the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of Si or Gun concerned.

Article 7(Contents of Fundamental Urban Planning) #

(1) Fundamental urban planning shall determine the policy direction for units of twenty years for the matters referred to in the following subparagraphs:

1. Matters concerning the characteristics, directing posts and planned goals of an urban community;

2. Matters concerning the spatial organization, establishment of the residential spheres, and distribution of the population of an urban community;

3. Matters concerning the use and development of land and preservation of the environment of an urban community;

4. Matters concerning the urban infrastructure;

5. Matters concerning the parks and greens of an urban community; and

6. Other matters determined by the Presidential Decree.

(2) Fundamental urban planning that is being formulated for an area for which metropolitan planning is in place shall be in agreement with the metropolitan planning concerned, and the metropolitan planning shall take precedence when the contents of the fundamental urban planning differ from the contents of the metropolitan planning.

(3) The formulation criteria and formulation methods for fundamental urban planning shall be determined by the Minister of Construction and Transportation.

Article 8(Foundational Investigation for Formulation of Fundamental Urban Planning) #

(1) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun intends to formulate fundamental urban planning, he shall investigate or measure beforehand the matters that are necessary in connection with formulation of the fundamental urban planning concerned, from among the population, economy, society, culture, transportation, environment, land use and other matters determined by the Presidential Decree, under the conditions as prescribed by the Presidential Decree.

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall investigate and analyze the population, economy, society, culture, transportation, environment, land use and other matters determined by the Presidential Decree for the area for which fundamental urban planning has been set in place and report thereon to the Minister of Construction and Transportation at interval of a specified time period determined by the Ordinance of the Ministry of Construction and Transportation.

(3) When it is recognized, as a result of an analysis of the reported contents referred to in paragraph (2), that modification of fundamental urban planning is unavoidable, the Minister of Construction and Transportation may order the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of Si or Gun to take measures for modification of the fundamental urban planning.

Article 9(Holding of Public Hearing and Taking Opinion of Local Assembly) #

(1) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gu intends to formulate fundamental urban planning, he shall hold a public hearing and take the opinions of the residents and the relevant experts, and the opinions presented at the public hearing shall be reflected in the fundamental urban planning when they are recognized to be reasonable.

(2) When fundamental urban planning is being formulated, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of Si or Gun shall beforehand listen to the opinion of the council of the Special Metropolitan City, Metropolitan City, Si or Gun concerned.

(3) Matters necessary with regard to holding a public hearing as referred to in paragraph (1) shall be determined by the Presidential Decree.

Article 10(Approval of Fundamental Urban Planning) #

(1) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun has formulated the fundamental urban planning, he shall obtain approval of the Minister of Construction and Transportation. The same shall also apply when the approved fundamental urban planning is modified.

(2) When the Minister of Construction and Transportation intends to approve fundamental urban planning under the provisions of paragraph (1), he shall confer with the head of the relevant central administrative agency and thereafter pass it through deliberation of the Central Urban Planning Committee.

(3) The head of the central administrative agency who receives a request for conference under the provisions of paragraph (2) shall present his opinions to the Minister of Construction and Transportation within thirty days after the date on which the request is received, unless there is a special circumstance.

(4) When fundamental urban planning is approved, the Minister of Construction and Transportation shall send relevant documents to the head of the relevant central administrative agency and the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of a Si or Gun concerned, and the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si or Gun who receives the relevant documents shall immediately give a public announcement and have them exhibited to the general public.

(5) The Special Metropolitan City Mayor, the Metropolitan City Mayor, and the head of Si and Gun shall examine every five years as to whether their fundamental urban planning is reasonable and reflect the results in the fundamental urban planning.

Article 11(Designation of Metropolitan Area) #

(1) If such a measure as follows is recognized to be necessary in order to mutually link the spatial organization and function of at least two urban communities, preserve the environment, and maintain the metropolitan facilities in a systematic manner, the Minister of Construction and Transportation may designate all or part of the jurisdictional areas of at least two of closely located Special Metropolitan City, Metropolitan Cities, Shis and Kuns as a metropolitan area under the conditions as prescribed by the Presidential Decree.

(2) The Mayors/Do governors and the heads of Shis or Kuns may request the Minister of Construction and Transportation for designation of a metropolitan area.

(3) When the Minister of Construction and Transportation intends to designate a metropolitan area, he shall listen to the opinions of the relevant Mayor/Do governor or head of Si or Gun and pass it through deliberation of the Central Urban Planning Committee. The same shall also apply when a change to the designated metropolitan area is intended.

(4) When the Minister of Construction and Transportation has designated a metropolitan area, he shall immediately inform the relevant Mayor/Do governor or head of Si or Gun of this fact of designation.

Article 12(Holder of Authority to Formulate Metropolitan Planning) #

(1) The Minister of Construction and Transportation or the Mayor/Do governor shall formulate metropolitan planning according to the categories referred to in the following subparagraphs:

1. If the metropolitan area belongs to the jurisdictional area of the same Do, the competent Do governor shall formulate;

2. If the metropolitan area extends over the jurisdictional areas of at least two of the Special Metropolitan City, Metropolitan Cities, and Dos (hereinafter referred to as the “Cities/Dos”), the competent Mayors/Do governors shall jointly formulate; and

3. If formulation of metropolitan planning is necessary in connection with the state planning, or if there is no application from the competent Mayors/Do governors for approval of metropolitan planning as referred to in Article 16 (1) until three years have passed since the date on which the metropolitan area was designated, the Minister of Construction and Transportation shall formulate.

(2) If there is such a request from Mayors and/or Do governors, or when it is otherwise recognized to be necessary, the Minister of Construction and Transportation may formulate metropolitan planning jointly with the competent Mayors/Do governors, notwithstanding the provisions of paragraph (1).

Article 13(Contents of Metropolitan Planning) #

(1) Metropolitan planning shall determine the policy direction for units of twenty years for the matters, from among the matters referred to in the following subparagraphs, that are necessary in order to achieve the objectives of the designation of the metropolitan area concerned:

1. Matters concerning the spatial organization and functional division of a metropolitan area;

2. Matters concerning the system for management of the greens and conservation of the environment of a metropolitan area;

3. Matters concerning the arrangement, scale, and installation of the metropolitan facilities; and

4. Other matters concerning the mutual functional linkage of the urban communities belonging to one metropolitan area that are determined by the Presidential Decree.

(2) The formulation criteria and the formulation methods for metropolitan planning shall be determined by the Minister of Construction and Transportation.

Article 14(Foundational Investigation and Public Hearing for Formulation of Metropolitan Planning) #

Provisions of Articles 8 and 9 shall apply mutatis mutandis when metropolitan planning is being formulated.

Article 15(Taking Opinions of Local Governments) #

(1) When the Mayors/Do governors intend to formulate metropolitan planning, they shall hear the opinions of the assemblies of the relevant Cities and Do and the heads of the relevant Si and Gun beforehand.

(2) When the Minister of Construction and Transportation intends to formulate metropolitan planning, he shall send a proposal for metropolitan planning to the relevant Mayor/Do governor, and the relevant Mayor/Do governor shall hear the opinions of the council of the City/Do concerned and the head of the relevant Si or Gun and send the results thereof to the Minister of Construction and Transportation.

Article 16(Approval of Metropolitan Planning) #

(1) When the Mayor/Do governor has formulated metropolitan planning, he shall obtain approval of the Minister of Construction and Transportation. The same shall also apply when modification of the approved metropolitan planning is intended.

(2) When the Minister of Construction and Transportation intends to approve metropolitan planning under the provisions of paragraph (1) or formulate metropolitan planning directly (including joint formulation), he shall confer with the head of the relevant central administrative agency and thereafter pass it through deliberation of the Central Urban Planning Committee.

(3) The head of the central administrative agency who receive a request for conference under the provisions of paragraph (2) shall present his opinions to the Minister of Construction and Transportation within thirty days after the date on which the request is received, unless there is a special circumstance.

(4) When the Minister of Construction and Transportation has formulated directly or approved of metropolitan planning, he shall send relevant documents to the head of the relevant central administrative agency and the Mayor/Do governor concerned, and the Mayor/Do governor who receives the relevant documents shall immediately give a public announcement and have them exhibited to the general public.

(5) Matters necessary with regard to the formulation and execution of metropolitan planning, in addition to the items prescribed in paragraphs (1) through (4), shall be determined by the Presidential Decree.

Article 17(Adjustment of Metropolitan Planning) #

(1) Those who jointly formulate metropolitan planning under the provisions of Article 12 (1) 2 may jointly apply to the Minister of Construction and Transportation for adjustment when an agreement is not reached regarding the contents thereof.

(2) When the Minister of Construction and Transportation receives an application for adjustment as referred to in paragraph (1), he shall adjust the contents of the metropolitan planning upon deliberation of the Central Urban Planning Committee. In this case, those who have made the application for adjustment may present themselves at the meeting of the Central Urban Planning Committee to state their opinions.

(3) A person who applies for adjustment under the provisions of paragraph (1) shall reflect the results of the adjustment made by the Minister of Construction and Transportation in the metropolitan planning.

Article 18(Holder of Authority to Prepare Urban Planning) #

(1) Urban planning shall be prepared by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun who has jurisdiction over the urban planning zone concerned: Provided, That for the cases that are connected with the state planning, the Minister of Construction and Transportation may, either directly or upon a request from the head of the relevant central administrative agency, prepare urban planning after listening to the opinions of the competent Mayor/Do governor or head of Si or Gun, and the Do governor may, either directly or upon a request from the heads of the relevant Si and Gun, prepare urban planning after listening to the opinions of the competent heads of Si and Gun when an agreement regarding drafting of urban planning that is connected with metropolitan planning is not reached between the heads of the relevant Si and Gun.

(2) If an urban planning zone for which preparation of urban planning is intended extends over at least two of the Special Metropolitan City, Metropolitan Cities, Shis, and Kuns, the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, and heads of Shis or Kuns shall confer with each other to jointly prepare urban planning or determine a person to prepare it.

(3) If the conference referred to in paragraph (2) is not realized, the competent Do governor, when the zone for which preparation of urban planning is intended belongs to the jurisdictional area of one same Do, or the Minister of Construction and Transportation, when the zone extends over the jurisdictional areas of at least two Cities/Dos, shall designate the person to prepare it and give notice thereof.

Article 19(Preparation of Urban Planning) #

(1) Urban planning shall be in agreement with fundamental urban planning or metropolitan planning.

(2) When the Minister of Construction and Transportation, the Mayor/ Do governor, or the head of a Si or Gun is preparing urban planning, he shall prepare urban planning scheme protocol (referring to a scheme drawing and planning protocol; hereinafter the same shall apply) and a written explanation for planning (including the foundational investigation results, a plan for raising the funds, the results of examining environmental issues, etc; hereinafter the same shall apply).

(3) The preparation criteria and preparation method for urban planning scheme protocol and written explanation for planning shall be determined by the Minister of Construction and Transportation.

Article 20(Proposal for Preparation of Urban Planning) #

(1) The residents may propose to the Special Metropolitan City Mayor, a Metropolitan City Mayor or the head of a Si or Gun for preparation of urban planning concerning the matters referred to in the following subparagraphs. In such a case urban planning scheme protocol and a written explanation for planning shall be attached to the proposal:

1. Matters concerning installation, maintenance and improvement of the facilities under urban planning; and

2. Matters concerning the designation and change of a district unit planning zone and formulation of district unit planning.

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun who receives a proposal for preparation of urban planning under the provisions of paragraph (1) shall inform the proposal maker with the results of its settlement.

(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may confer with the proposal maker and allot to the proposal maker the expenses necessary for preparation and determination of the urban planning that is proposed under the provisions of paragraph (1).

Article 21(Foundational Investigation for Preparation of Urban Planning) #

The provisions of Article 8 shall apply mutatis mutandis to the case of preparing urban planning.

Article 22(Seeking Opinions of Residents and Local Council) #

(1) When the Minister of Construction and Transportation, the Mayor/ Do governor, or the head of a Si or Gun is preparing urban planning under the provisions of Article 19, he shall take the opinions of the residents and, if those opinions are recognized to be reasonable, reflect them in the urban planning proposal: Provided, That this shall not apply for matters that require secrecy for national defense reasons (limited to those concerning which there is such a request from the Minister of National Defense) or for the trivial matters that are so determined by the Presidential Decree.

(2) When the Minister of Construction and Transportation or a Do governor intends to prepare urban planning under the provisions of the proviso of Article 18 (1), he shall send the urban planning proposal to the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, and heads of Si and Gun, with a clear statement of the deadline for taking the opinions of the residents attached thereto.

(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun who receives an urban planning proposal under the provisions of paragraph (2) shall take the opinions of the residents on the urban planning proposal in question within the stated deadline and submit the results thereof to the Minister of Construction and Transportation or to the Do governor.

(4) Matters necessary with regard to taking the opinions of the residents as referred to in paragraph (1) shall be determined by the Municipal Ordinance of the local government concerned and in accordance with the criteria determined by the Presidential Decree.

(5) When the Minister of Construction and Transportation, the Mayor/ Do governor, or the head of a Si or Gun intends to prepare urban planning, he shall listen to the opinions of the applicable local council on the matters determined by the Presidential Decree.

(6) Provisions of paragraphs (2) and (3) shall apply mutatis mutandis in cases where the opinions of a local council are taken by the Minister of Construction and Transportation or a Do governor under the provisions of paragraph (5). In such a case the term “residents” shall be considered as “local council”.

Article 23(Holder of Authority to Decide on Urban Planning) #

Decisions on urban planning shall be made directly by the Mayor/Do governor or through an application from the head of a Si or Kun: Provided, That decisions on the urban planing referred to in the following subparagraphs shall be made by the Minister of Construction and Transportation:

1. Urban planning prepared by the Minister of Construction and Transportation under the provisions of the proviso of Article 18 (1);

2. Urban planning on the designation and changes of urban planning zones referred to in Article 30;

3. Urban planning on the designation and changes of development restriction zones referred to in Article 34; and

4. Urban planning on the designation and changes of street creation regulation zones referred to in Article 35.

Article 24(Decisions on Urban Planning) #

(1) When the Mayor/Do governor intends to make a decision on urban planning, he shall confer beforehand with the head of the relevant administrative agency, and the Minister of Construction and Transportation shall confer beforehand with the head of the relevant central administrative agency. In such a case, the head of the agency who receives a request for conference shall present his opinions within thirty days after the date on which he receives such a request.

(2) When the Mayor/Do governor intends to make a decision on or a change in urban planning that is prepared and determined by the Minister of Construction and Transportation under the provisions of the proviso of Article 18 (1) or in urban planning that is related with important matters determined by the Presidential Decree, he shall confer beforehand with the Minister of Construction and Transportation.

(3) When the Minister of Construction and Transportation or the Mayor/ Do governor intends to make a decision on urban planning, he shall be subject to deliberation of the Central Urban Planning Committee or the urban planning committee of a Si or Gun that is referred to in Article 85: Provided, That in the case of a decision on district unit planning that includes the matters referred to in Article 43 (1) 4 or 5, opinions of the construction committee, which is set up under the provisions of Article 4 of the Building Act under the Mayor/Do governor concerned, shall be heard beforehand under conditions as prescribed by the Presidential Decree.

(4) When the Minister of Construction and Transportation or the Mayor/ Do governor recognizes that secrecy is required for national defense reasons (limited to when there is such a request from the Minister of National Defense), he may omit the procedures referred to in paragraphs (1) through (3) for all or part of the urban planning.

(5) Provisions of paragraphs (1) through (4) shall apply mutatis mutandis in cases where a change in the already decided urban planning is intended: Provided, that this shall not apply if trivial matters that are so determined by the Presidential Decree are being changed.

(6) When the Minister of Construction and Transportation or the Mayor/ Do governor has made a decision on urban planning, he shall announce it and have it exhibited to the general public in accordance with the Presidential Decree. In such a case, for urban planning that is decided by the Minister of Construction and Transportation or a Do governor, relevant documents shall be sent to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or head of Si or Gun for exhibition to the general public.

Article 25(Effect of Decision on Urban Planning) #

(1) A decision on urban planning shall become effective five days after the date of the announcement referred to in Article 24 (6).

(2) A person who has already commenced a project or construction (referring to a person who commences a project or construction after obtaining the permission, authorization, or approval, etc. if permission, authorization, or approval, etc. is necessary under the provisions of this Act or other Acts) at the time when a decision on urban planning is made may continue that project or construction notwithstanding the decision on urban planning in question: Provided, That if the decision on urban planning is connected with the designation of a development restriction zone or street creation regulation zone, the project or construction may be continued after first reporting to the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun in accordance with the provisions of the Presidential Decree.

Article 26(Announcement of Topographical Blueprint concerning Urban Planning) #

(1) When there is an announcement of a decision on urban planning as referred to in Article 24 (6), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall prepare, in accordance with the provisions of the Presidential Decree, a blueprint that elucidates the matters under urban planning on a topographical map that indicates land registration for the land within the urban planning zone concerned (hereinafter referred to as a “topographical blueprint”).

(2) When the head of a Si or Gun has prepared a topographical blueprint under the provisions of paragraph (1), he shall obtain approval therefor from the Do governor concerned. In such a case the Do governor who receives an application for approval of a topographical blueprint shall compare the topographical blueprint with the urban planning that is decided and announced and, if no error is recognized to exist, approve the topographical blueprint within the time period determined by the Presidential Decree.

(3) When the Minister of Construction and Transportation or a Do governor has directly prepared urban planning, he may listen to the opinions of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun and himself prepare a topographical blueprint, notwithstanding the provisions of paragraphs (1) and (2).

(4) When the Minister of Construction and Transportation or a Do governor has prepared a topographical blueprint directly or approved a topographical blueprint, he shall announce this in accordance with the provisions of the Presidential Decree and send the relevant documents to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun, and the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun who receives the relevant documents shall have them exhibited to the general public.

(5) If a decision on urban planning is announced using a topographical map that indicates land registration at a scale of at least that which is determined by the Presidential Decree, announcement of the decision on urban planning, without preparation of a separate topographical blueprint, may substitute the decision referred to in paragraph (4). In this case, such a fact shall be specified in the announced contents of the decision on urban planning.

Article 27(Lapse of Decision on Urban Planning) #

(1) If there is no announcement of a topographical blueprint as referred to in Article 26 (4) by the time two years have passed since the date of the announcement of a decision on urban planning (excluding any case of substitution of a topographical blueprint under the provisions of Article 26 (5)), the decision on urban planning shall lose its effect on the day after the day when two years have elapsed.

(2) When a decision on urban planning loses its effect under the provisions of paragraph (1), the Minister of Construction and Transportation or the Mayor/Do governor shall immediately announce the fact thereof in accordance with the provisions of the Presidential Decree.

Article 28(Reorganization of Urban Planning) #

The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall generally re-examine the reasonableness of the urban planning for the urban planning zone under his jurisdiction and reorganize it every five years in accordance with the provisions of the Presidential Decree.

Article 29(Special Case of Preparation of Urban Planning) #

(1) When the Minister of Construction and Transportation, the Mayor/ Do governor, or the head of a Si or Gun recognizes a necessity for preparation of urban planning at the earliest possible moment, he may prepare urban planning together with the fundamental urban planning or metropolitan planning at the same time as when it is being formulated.

(2) If the Minister of Construction and Transportation, the Mayor/Do governor, or the head of a Si or Gun recognizes such a necessity, when he prepares urban planning, he may confer with the head of the relevant central administrative agency or the head of the relevant administrative agency on matters for which a conference is necessary under the provisions of Article 24 (1). In such a case, when the head of a Si or Gun applies to the Do governor concerned for a decision on the urban planning concerned, results of conferring with the head of the relevant central administrative agency shall be attached thereto.

(3) For those matters for which there has already been a conference under the provisions of paragraph (2), the conference referred to in Article 24 (1) may be omitted.

Article 30(Designation of Urban Planning Zone) #

(1) The Minister of Construction and Transportation may, by means of a decision on urban planning, designate as urban planning zones the zones, from among the zones referred to in the following subparagraphs, for which formulation and implementation of urban planning is necessary:

1. The jurisdictional area of the Special Metropolitan City, a Metropolitan City, or a Si;

2. The jurisdictional area of a Eup that is located within the jurisdictional area of a Gun; and

3. Areas other than those referred to in subparagraphs 1 and 2 for which formulation and implementation of urban planning are recognized as necessary by the Minister of Construction and Transportation either directly or through a request of the relevant Mayor/Do governor (limited to the cases connected with metropolitan planning) or the head of the relevant Si or Gun.

(2) When the Minister of Construction and Transportation recognizes it as unavoidable due to the given conditions, etc. of a region, he may have a part of the jurisdictional area of the nearby Special Metropolitan City, Metropolitan City, Si, or Gun included in the urban planning for another Special Metropolitan City, Metropolitan City, Si, or Eup.

(3) In such a case as one referred to in paragraph (2), the Minister of Construction and Transportation shall confer beforehand with the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Kun: Provided, That this shall not apply if the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun has conferred beforehand and requested for designation of an urban planning zone.

(4) From the plans for utilization of the national territory referred to in Article 7 of the Act on the Utilization and Management of the National Territory, their preparation criteria related with urban areas shall apply mutatis mutandis with regard to the designation of urban planning zones referred to in paragraph (1).

Article 31(Legal Fiction, etc. of Decision on Urban Area) #

(1) When urban planning related with the designation of an urban planning zone is decided and announced, the urban planning zone concerned shall be considered to be announced and decided as an urban area referred to in the plans for utilization of the national territory under the provisions of Article 8 of the Act on the Utilization and Management of the National Territory, and when there is an announcement of a topographical blueprint for the urban planning zone concerned, it shall be considered the notice of a topographical map referred to in Article 12 of the Act on the Utilization and Management of the National Territory.

(2) The provisions of Acts referred to in the following subparagraphs shall not apply to urban planning zones:

1. Article 50 of the Road Act;

2. Article 8 of the Motorway Act; and

3. Article 8 of the Farmland Act: Provided, That this shall not apply for farmlands that are located within the greenbelts and are not necessary for a urban planning project.

Article 32(Designation of Area) #

(1) When it is recognized as necessary in order to promote economic and efficient utilization of the land within an urban planning zone and advancement of public welfare, the Minister of Construction and Transportation or the Mayor/Do governor may decide the designation of the areas referred to in the following subparagraphs by urban planning:

1. Residential areas: areas necessary for peace in habitation and protection of the living conditions;

2. Commercial areas: areas necessary for advancement of benefits to commerce and other businesses;

3. Industrial areas: areas necessary for advancement of benefits to the industries; and

4. Greenbelts: areas where preservation of the greens is necessary for protection of the natural environment, farmlands, and forests, for public hygienes, for security, and for prevention of disorderly expansion of an urban community.

(2) The Minister of Construction and Transportation or the Mayor/Do governor may further break down and designate the areas referred to in each subparagraph of paragraph (1) in accordance with the provisions of the Presidential Decree.

Article 33(Designation of District) #

(1) When it is recognized as necessary in order to increase the order and peace of the public and the function of an urban community, the Minister of Construction and Transportation or the Mayor/Do governor may decide the designation of the districts referred to in the following subparagraphs by urban planning:

1. Scenic districts: districts necessary for protection and formation of the scenery of an urban community;

2. Appearance district: districts necessary for maintenance of the appearance of an urban community;

3. Height regulation districts (minimum height districts and maximum height districts): districts where regulation of the minimum height or the maximum height of the buildings is necessary for creation of the urban environment, intensive utilization of land, and advancement of an urban community;

4. Fire prevention districts: districts necessary for prevention of the fire risks of an urban community;

5. Disaster prevention districts; districts necessary for prevention of storm and flood damages, landslides, cave-in of ground, and other disasters:

6. Preservation districts: districts necessary for protection and preservation of cultural properties, major facilities, and areas the value of whose preservation is great for cultural or ecological reasons;

7. Facilities protection districts: districts necessary for protection of school facilities, public use facilities, harbors, or airports, for raising the efficiency of their operational function, and for safe flight of aircrafts, etc.;

8. Settlement districts: districts for keeping settlement within the greenbelts or development restriction zones in good order;

9. Development promotion districts: districts that have a necessity for concentrated development of their residential function, commercial function, or industrial function; and

10. Other districts determined by the Presidential Decree.

(2) When such a measure is recognized to be necessary, the Minister of Construction and Transportation or the Mayor/Do governor may further break down and designate the districts referred to in each subparagraph of paragraph (1) in accordance with the provisions of the Presidential Decree.

(3) When such a measure is necessary due to the given conditions of an area, the Mayor/Do governor may decide by urban planning the designation of other districts in addition to the districts referred to in each subparagraph of paragraph (1) in accordance with the provisions of the Municipal Ordinance of the City or Do concerned. In such a case, he shall confer beforehand with the Minister of Construction and Transportation regarding the names of the districts, designation purposes, and prohibition and restriction of construction and other acts within the districts concerned.

Article 34(Designation of Development Restriction Zone) #

Matters regarding designation or change of development restriction zones shall be determined separately by Act.

Article 35(Designation of Street Creation Regulation Zone) #

(1) If a deferment of creation of streets for a specified time period determined by the Presidential Decree is recognized to be necessary in order to prevent disorderly creation of streets and promote development of an urban community in a planned manner and by stages, the Minister of Construction and Transportation may decide on the designation of a street creation regulation zone by urban planning.

(2) A decision on urban planning in connection with the designation of a street creation regulation zone shall lose its effect as of the day following the day on which the period of deferment of street creation referred to in paragraph (1) expires. In such a case, the Minister of Construction and Transportation shall announce the fact thereof in accordance with the provisions of the Presidential Decree.

Article 36(Installation and Management of Facilities under Urban Planning) #

(1) When installation of urban infrastructure above the ground, above the water, in the air, in the water, or under the ground within an urban planning zone, the category, name, location, and scale, etc. of the facilities shall be determined beforehand by urban planning: Provided, That this shall not apply to the urban infrastructure determined by the Presidential Decree.

(2) In connection with the installation of facilities under urban planning, if procedures relevant to the installation of the facilities concerned are prescribed in other Acts, they may be installed in accordance with the provisions of those other Acts.

(3) Matters necessary with regard to determination, structure, and installation criteria, etc. of facilities under urban planning shall be determined by the Ordinance of the Ministry of Construction and Transportation: Provided, That if there are special provisions in other Acts, those Acts shall apply.

(4) Unless there are special provisions in this Act or other Acts regarding management of the facilities under urban planning which are installed under the provisions of paragraph (1), matters regarding it shall be determined by the Presidential Decree, if management is by the State, or by the Municipal Ordinance of a local government, if management is by the local government.

Article 37(Installation and Management of Common Ditch) #

(1) If a common ditch is installed within an urban planning zone, all facilities that should be housed in the common ditch concerned shall be housed in that common ditch, without exception.

(2) If a common ditch is being installed, the implementer of a project for facilities under urban planning referred to in Article 59 (excluding anyone who is not an administrative authority) may allot the expenses required for installation of the common ditch to a person who has a duty, under the provisions of other Acts, to install the facilities that should be housed in that joint ditch.

(3) When a person who did not share the expenses for installation of a common ditch (including anyone who fails to fully pay his share of expenses) intends to occupy or use the common ditch, he shall procure permission of the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun who manages that common ditch.

(4) A person who occupies or uses a common ditch under the provisions of paragraph (3) shall pay an occupation fee or use fee determined by the Municipal Ordinance of the local government concerned.

(5) Matters necessary with regard to housing of the facilities that shall be housed in a common ditch under the provisions of paragraph (1) shall be determined by the Presidential Decree.

(6) Ratio and methods for sharing expenses as referred in paragraph (2) and matters necessary with regard to management, etc. of a common ditch shall be determined by the Presidential Decree.

Article 38(Installation and Management, etc. of Metropolitan Facilities) #

(1) Installation and management of metropolitan facilities shall be subject to the provisions of Article 36: Provided, That the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, and heads of Shis or Kuns may install and manage them by entering into an agreement or forming a consultative committee, etc.

(2) When an agreement or formation of a consultative committee, etc. as referred to in paragraph (1) fails to be effected between the heads of Shis or Kuns, if the Shis or Kuns in question belong to the same Do, the competent Do governor may install and manage the metropolitan facilities.

(3) Notwithstanding the provisions of paragraphs (1) and (2), metropolitan facilities that are installed by the state planning may be installed and managed by a corporation that is established under the provisions of other Acts for the business purpose or business line of installing and managing the metropolitan facilities concerned.

(4) A local government, if it intends to install within the jurisdictional area of another local government metropolitan facilities that generate extreme environmental pollution or raise concern for markedly atrophying development of the area concerned, shall conduct a project for prevention of environmental pollution or a project for improvement of benefits to the residents of the area concerned together with the local government concerned or provide the financial support necessary therefor to the local government concerned in accordance with the provisions of the Presidential Decree: Provided, That if there are special provisions in other Acts, those other Acts shall apply.

Article 39(Criteria for Installation of Facilities under Urban Planning in Air or under Ground and Compensation Therefor) #

In installing facilities under urban planning in the air, under water, above water, or under the ground, matters regarding compensation, etc. for persons whose exercise of property rights for land or a building is restricted due to criteria for their height or depth and their installation shall be determined separately by Act.

Article 40(Request for Purchase of Site for Facilities under Urban Planning) #

(1) If a project for facilities under urban planning that is related with the installation of the facilities under urban planning concerned is not enforced within ten years from the date of announcement of the decision on urban planning for the facilities under urban planning (hereinafter referred to as the “decision on facilities under urban planning”) (excluding the cases where the authorization of implementation plan referred to in Article 61 or a procedure corresponding thereto has been carried out; the same shall apply hereinafter), the owner of land the land category of which is building lot (including any buildings and fixtures on the land in question; the same shall apply hereafter within this Article), from among the land that is set aside as a site for the facilities under urban planning concerned, may request the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun (in case of parks, referring to the administrative agencies for parks referred to in Article 5 (1) of the Urban Park Act and in case of greens, referring to the administrative agencies for greens referred to in Article 11 (1) of the Urban Park Act; the same shall apply hereafter within this Article) in accordance with the provisions of the Presidential Decree to purchase the land concerned.

(2) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun purchases the land for which there has been a request for purchase under the provisions of paragraph (1), payment of the price shall be in cash, but payment may be made by issuing bonds (hereinafter referred to as “bonds for facilities under urban planning”) if the case falls under one of the following subparagraphs:

1. Where the land owner wants it; or

2. Where the purchase price of land that is determined by the Presidential Decree and belongs to an absent real property owner or is notfor-business-use exceeds a specified amount determined by the Presidential Decree, and the payment is for that excess amount.

(3) Bonds for facilities under urban planning shall have a term of maturity of no more than ten years and an interest rate that is determined in consideration of the interest rates for one year time deposits at financial institutions, and more definite term of maturity and interest rate shall be determined by the Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, a Si, or a Gun.

(4) Unless there are special provisions in this Act, provisions of the Act on Special Cases concerning the Acquisition of Lands for Public Use and the Compensation for Their Loss shall apply mutatis mutandis with regard to the purchase price, purchase procedures, etc. of land the purchase of which is requested.

(5) Unless there are special provisions in this Act, procedures and other necessary matters for issuing the bonds for facilities under urban planning shall be subject to the Local Finance Act.

(6) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the head of a Si or Gun shall decide on the purchase and give a notice thereof to the land owner within two years after the date on which there was a request for purchase referred to in paragraph (1), and the land that is decided for purchase shall be purchased within two years after the date on which the notice of the decision for purchase was given.

(7) The owner of land for which purchase is requested under the provisions of paragraph (1) may install buildings or fixtures determined by the Presidential Decree after obtaining permission referred to in Article 46, if his case falls under one of the following subparagraphs. In such a case, provisions of Articles 49 and 50 shall not apply:

1. A case where the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun has decided not to purchase under the provisions of paragraph (6); or

2. A case where the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun fails to purchase the land in question by the time two years have passed since the day on which notice of decision to purchase was given under the provisions of paragraph (6).

Article 41(Lapse of Decision on Facilities under Urban Planning) #

(1) If the project for facilities under urban planning in connection with the installation of the facilities for which the decision on facilities under urban planning has been announced is not implemented by the time by the time twenty years have passed since the date of the announcement of the decision, the decision on the facilities under urban planning concerned shall lose its effect on the day after the day when twenty years have elapsed.

(2) When a decision on facilities under urban planning loses its effect under the provisions of paragraph (1), the Mayor/Do governor shall immediately announce the fact thereof in accordance with the provisions of the Presidential Decree.

Article 42(Designation, etc. of District Unit Planning Zone) #

(1) When such a measure is necessary in order to rationalize and concretize the land use within an urban planning zone, to improve the function and appearance of an urban community, and to ensure a healthy environment, the Minister of Construction and Transportation or the Mayor/Do governor may decide by urban planning on the designation of the zones referred to in the following subparagraphs as district unit planning zones:

1. Districts designated under the provisions of Article 33;

2. Urban development zones which are so designated under the provisions of Article 3 of the Urban Development Act;

3. Redevelopment areas which are so designated under the provisions of Article 4 of the Urban Redevelopment Act;

4. Housing site preparation project zones referred to in Article 33 of the Housing Construction Promotion Act;

5. Prearranged areas for housing development which are so designated under the provisions of Article 3 of the Housing Site Development Promotion Act;

6. Districts for improvement of living conditions which are so designated under the provisions of Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents;

7. National industrial complexes, local industrial complexes, and agricultural and industrial complexes which are so designated under the provisions of Articles 6 through 8 of the Industrial Sites and Development Act (excluding facility sites falling under subparagraph 6 (a) of Article 2 of the same Act);

8. Special tourist zones which are so designated under the provisions of Article 67 of the Tourism Promotion Act;

9. Areas, from among the zones that are released from the designation of development restriction zones, street creation regulation zones, greenbelts or parks and the zones that are newly incorporated in urban planning zones, where planned development or management is necessary; and

10. Other areas determined by the Presidential Decree that are necessary for improvement of the function and the appearance of an urban community and for ensuring its healthy environment.

(2) When ten years have passed since the completion of a project that was being implemented in a zone, etc., from among urban planning zones, that is referred to in paragraph (1) 3 through 6, the Minister of Construction and Transportation or the Mayor/Do governor shall designate it as a district unit planning zone: Provided, That this shall not apply when a plan for land use and construction is already formulated for the zone etc. in question pursuant to the Act concerned.

(3) The provisions of Articles 53 through 55 of this Act and Articles 32, 33, 51, 53, and 67 of the Building Act may be eased within the limits determined by the Presidential Decree for their application in a district unit planning zone as prescribed by the district unit planning.

Article 43(Contents of District Unit Planning) #

(1) From among the matters referred to in the following subparagraphs, those necessary for achieving the objectives of designating a district unit planning zone shall be included in the district unit planning:

1. Subdivision of the areas and districts determined by the Presidential Decree;

2. The arrangement and scale of the urban infrastructures determined by the Presidential Decree;

3. The scale and plans for the formation of a block (referring to a body of area surrounded by roads) and a marked plot (referring to a body of land that is partitioned off for planned development or maintenance);

4. Limitations on the use of buildings, etc., building-to-land ratio and floor-area-to-land ratio of buildings, and the maximum and minimum limits on their height;

5. The arrangement, shapes, and colors of buildings and plans on the line of construction;

6. Scenery plans;

7. Traffic management plans; and

8. Other matters necessary for rationalization of land use, improvement of the function of an urban community, etc. that are determined by the Ordinance of the Ministry of Construction and Transportation.

(2) District unit planning shall allow appropriate harmony between the processing, supply, and accommodation capacities of the facilities under urban planning that are determined by the Presidential Decree, such as roads, waterworks, sewerage, etc., and the total floor area of the buildings within the district unit planning zone.

(3) The preparation criteria and preparation methods for district unit planning shall be determined by the Minister of Construction and Transportation.

Article 44(Lapse of Decision on Urban Planning Connected with Designation of District Unit Planning Zone) #

(1) If district unit planning for a district unit planning zone is not determined and announced by the time three years have passed since the date of the announcement of the decision on urban planning for the designation of the district unit planning zone concerned, the decision on urban planning for the designation of the district unit planning zone concerned shall lose its effect on the day after the day when three years have elapsed.

(2) When the designation of a district unit planning zone loses its effect under the provisions of paragraph (1), the Mayor/Do governor shall immediately announce the fact thereof in accordance with the provisions of the Presidential Decree.

Article 45(Construction within District Unit Planning Zone) #

When construction of a building is intended in a district unit planning zone, it shall be constructed to conform to the district unit planning: Provided, That this shall not apply if no district unit planning is in place, or if the building is constructed in phases within the limits of the district urban planning.

Article 46(Permission for Act of Development) #

(1) A person who intends to perform an act falling under one of the following subparagraphs and determined by the Presidential Decree (hereinafter referred to as an “act of development”) within an urban planning zone but not by an urban planning project shall obtain permission of the Special Metropolitan City Mayor, Metropolitan City Mayor or head of Si or Gun (hereinafter referred to as “permission for act of development”): Provided, That creation of forest paths and erosion prevention projects, from among the acts of development as referred to in subparagraphs 2 and 3, shall be in accordance with the provisions of the Forestry Act and the Works against Land Erosion or Collapse Act, respectively:

1. Construction of buildings or installation of fixtures;

2. Changing form and quality of land (excluding changes to form and quality of land for farming);

3. Quarrying;

4. Partition of land (excluding the sites referred to in Article 49 of the Building Act where buildings are standing); or

5. Act of leaving objects stacked up within a greenbelt area for at least one month.

(2) Provisions of paragraph (1) shall apply mutatis mutandis in the cases where changes are made to the matters for which permission for act of development is obtained: Provided, That this shall not apply if trivial matters determined by the Presidential Decree are being changed.

(3) Notwithstanding the provisions of paragraph (1), an act falling under one of the following subparagraphs may be performed without obtaining permission for act of development: Provided, That the performance of an act referred to in subparagraph 1 shall be reported to the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun within one month:

1. Emergency measures for disaster relief or controlling a calamity;

2. Reconstruction, enlargement, or rebuilding of a building that may be set up by reporting under the provisions of the Building Act and any change in the form and quality of land to the extent necessary therefor (limited to the sites for facilities under urban planning where the project for facilities under urban planning is not yet being implemented); and

3. Other trivial acts determined by the Presidential Decree.

Article 47(Procedures, etc. for Permission for Act of Development) #

(1) A person who intends to perform an act of development shall submit an application to the holder of the right to give permission for act of development, with the plans on the installation of public facilities that accompany the act of development concerned (limited to the cases where the reversion of public facilities, etc. as referred to in Article 52 is accompanying; the same shall apply hereafter within this Article), prevention of dangers and perils, prevention of environmental pollution, landscape architecture, etc. attached thereto.

(2) If such a measure is recognized to be necessary, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may grant permission for act of development on the conditions that such measures as installation of public facilities, prevention of harms and perils, prevention of environmental pollution, landscape architecture, etc. be taken subsequently to the act of development concerned in accordance with the provisions of the Presidential Decree.

(3) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun refuses to accept an application for permission for an act of development, he shall without any delay inform the applicant the grounds therefor.

(4) In cases that are determined by the Presidential Decree where such a measure is recognized to be necessary for installation of public facilities, prevention of harms and perils, prevention of environmental pollution, landscape architecture, etc., the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may require the person who receives permission for an act of development to deposit performance guarantee money in order to secure his performance.

(5) Matters necessary with regard to calculation, deposit method, etc. of the deposit money referred to in paragraph (4) shall be prescribed by the Presidential Decree.

(6) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may order a person who performs an act of development without first obtaining permission for the act of development or who performs an act of development contrary to the permitted details to restore the land to its original state.

(7) When a person who receives an order to restore to original state as referred to in paragraph (6) fails to restore, the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun may effect the restoration by execution by proxy. In such a case, provisions of the Administrative Vicarious Execution Act shall apply mutatis mutandis with regard to the share of expenses and procedures, etc. for the execution by proxy.

Article 48(Legal Fiction of Relevant Authorization, Permission, etc.) #

(1) In connection with the matters for which the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun has conferred with the head of the relevant administrative agency about authorization, permission, approval, license, consultation, cancellation, examination, etc. (hereinafter referred to as “authorization or permission, etc.”) under the provisions of paragraph (3) in granting permission for an act of development, the authorization or permission, etc. in question shall be considered to have been received:

1. License to reclaim public waters referred to in Article 9 of the Public Waters Reclamation Act, authorization of implementation plan referred to in Article 15 of the same Act;

2. Occupation or use permission referred to in Article 5 of the Public Waters Management Act, authorization of implementation plan referred to in Article 8 of the same Act;

3. Authorization of mining plan referred to in Article 47 of the Mining Industry Act;

4. Approval referred to in Article 20 of the Rearrangement of Agricultural and Fishing Villages Act for use of agricultural infrastructure for a different purpose;

5. Permission or consultation for diversion of use of farmland referred to in Article 36 of the Farmland Act;

6. Permission for execution of roadworks referred to in Article 34 of the Road Act, permission for occupation and use of roads referred to in Article 40 of the same Act;

7. Permission referred to in Article 16 (2) of the Burial and Graveyard, etc. Act to rebury the remains of a dead with no known burier or relative;

8. Permission to open up private roads as referred to in Article 4 of the Private Road Act;

9. Permission for change of form and quality of land as referred to in Article 14 of the Work against Land Erosion or Collapse Act, cancellation of the designation of an erosion control area as referred to in Article 20 of the same Act;

10. Permission or conference for diversion of a conserved forest as referred to in Article 18 of the Forestry Act, permission for cutting of standing timber as referred to in Article 90 of the same Act, quarrying permission referred to in Article 90-2 of the same Act, or permission for gathering earth and sand as referred to in Article 90-6 of the same Act;

11. Permission for execution of a small river related construction as referred to in Article 10 of the Small River Maintenance Act, permission for occupation of a small river as referred to in Article 14 of the same Act;

12. Authorization for installation of exclusive waterworks referred to in Article 36 of the Water Supply and Waterworks Installation Act and referred to in Article 38 of the same Act;

13. Approval referred to in Article 17 of the Coast Management Act for a plan for implementation of a coastal maintenance project;

14. Approval of business plan referred to in Article 12 of the Installation and Utilization of Sports Facilities Act;

15. Permission for conversion of grassland as referred to in Article 23 of the Grassland Act;

16. Examination of the use of survey results as referred to in Article 25 of the Land Survey Act;

17. Permission for execution of construction works relating to public sewerage, as referred to in Article 13 of the Sewerage Act; and

18. Permission for execution of a riparian work as referred to in Article 30 of the River Act, permission for river occupancy referred to in Article 33 of the same Act.

(2) A person who intends to be granted the legal fiction of authorization or permission, etc. as referred to in paragraph (1) shall submit the relevant documents determined by the applicable Acts together with the application for permission of an act of development at the same time.

(3) When there are matters that fall under any subparagraph of paragraph (1) in the course of granting permission for an act of development, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall confer beforehand with the heads of the relevant administrative agencies.

Article 49(Criteria for Permission for Act of Development) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall grant permission for an act of development only if the contents of the application for permission for an act of development conform to the criteria referred to in the following subparagraphs:

1. That they run counter to the contents of urban planning; and

2. That they do not cause any impediment to the implementation of an urban planning project.

(2) For areas, from among the areas referred to in the following subparagraphs, where such a measure as follows is recognized to be especially necessary, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may restrict permission for acts of development for one time only, for a duration of no more than three years, upon deliberation of the local urban planning committee referred to in Article 85 and in accordance with the provisions of the by the Municipal Ordinance of the local government concerned:

1. Areas of greenbelts where trees are being raised in groups or where birds and animals, etc. live in groups, or areas that present a necessity to be preserved as superior quality farmlands;

2. Areas where exist concerns that the surrounding environment, scenery, and appearance, etc. may be greatly polluted or damaged through acts of development; and

3. Areas that are newly incorporated into an urban planning zone and for which urban planning is being prepared, where, thus, a great change in the criteria for permission for acts of development is expected if the urban planning in question is decided.

(3) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun intends to restrict permission for acts of development under the provisions of paragraph (2), he shall announce beforehand the restriction areas, grounds for restriction, acts subject to restriction, and the duration of restriction.

(4) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun intends to grant permission for an act of development, he shall listen to the opinions of the implementers of the urban planning projects being implemented within the area concerned on whether the act of development concerned would cause any impediment to the implementation of those urban planning projects.

(5) Detailed matters necessary with regard to the criteria, procedures, etc. for permission for acts of development shall be determined by the Municipal Ordinance of the local government concerned within the scope determined by the Presidential Decree.

Article 50(Act of Development on Site for Facilities under Urban Planning) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall not permit construction of a building or installation of a fixture that is not part of facilities under urban planning on land or public waters that has been determined as the place for installation of the facilities under urban planning in question.

(2) On a site for facilities under urban planning, from among the facilities under urban planning the project for whose installation is not implemented by the time two years have passed since the date of the announcement of the decision on the urban planning, for which the plan for phased implementation has not yet been formulated under the provisions of Article 58 or which has not been included in the plan for implementation of phase one out of the plan for phased implementation under the same Article (referring to the first plan for phased implementation if the plan for phased implementation has been modified), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may grant permission for the acts of development referred to in the following subparagraphs, notwithstanding the provisions of paragraph (1):

1. Construction of a temporary structure and a change in the form and quality of land within the limit that such a change is necessary therefore;

2. Installation of a fixture which does not cause any impediment to installation of the facilities under urban planning and a change in the form and quality of land within the limit that such a change is necessary therefor; and

3. Reconstruction or rebuilding of a building and a change in the form and quality of land within the limit that such a change is necessary therefore (excluding the cases that fall under Article 46 (3) 2).

(3) When a project for installation of facilities under urban planning is being implemented on land for which construction of a temporary structure or installation of a fixture has been permitted under the provisions of paragraph (2) 1 or 2, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall order necessary measures for restoration of the land to its original state, such as removal of the structure or fixture at no compensation by three months before the expected date of implementation: Provided, That this shall not apply if the absence of any necessity for restoration is recognized.

(4) When a person who receives an order to restore to the original state as referred to in paragraph (3) fails to restore, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may effect the restoration by execution by proxy. In such a case, provisions of the Administrative Vicarious Execution Act shall apply mutatis mutandis with regard to the share of expenses and procedures, etc. for the execution by proxy.

Article 51(Completion Inspection) #

(1) When a person who has received permission for act of development for the acts referred to in Article 46 (1) 1 through 4 completes the act of development, he shall receive a completion inspection of the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of Si or Gun in accordance with the provisions of the Ordinance of the Ministry of Construction and Transportation.

(2) In the course of giving a completion inspection for an act of development under the provisions of paragraph (1), in connection with the matters for which the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun has conferred with the head of the relevant administrative agency under the provisions of paragraph (4) about completion inspection or completion authorization, etc. subsequent to the authorization or permission, etc. for which legal fiction was granted under the provisions of Article 48, the completion inspection or completion authorization, etc. in question shall be considered to have been received.

(3) A person who intends to be granted the legal fiction of completion inspection or completion authorization, etc. under paragraph (2) shall submit the relevant documents determined by the applicable Act together with the application for completion inspection referred to in paragraph (1) at the same time.

(4) When there are matters that are subject to completion inspection or completion authorization, etc. subsequent to the authorization or permission, etc. for which legal fiction was granted under the provisions of Article 48 in the course of giving a completion inspection referred to in paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall confer beforehand with the head of the relevant administrative agency.

Article 52(Reversion of Public Facilities, etc.) #

(1) If a person who is granted permission for an act of development is an administrative authority, when the person who is granted permission for an act of development newly installs public facilities or installs public facilities that are substituted for the existing public facilities, the newly installed public facilities shall revert, at no cost, to the managing authority that is to manage the facilities, and the existing public facilities shall revert, at no cost, to the person who received permission for the act of development, notwithstanding the provisions of the State Properties Act and the Local Finance Act.

(2) If the person who is granted permission for the act of development is not an administrative authority, the public facilities that are newly installed by the person who is granted permission for the act of development shall revert, at no cost, to the managing authority that is to manage the facilities, and the public facilities whose use is to be discontinued because of the act of development may be transferred, at no cost, to the person who received permission for the act of development to the extent that they are reasonable for the installation expenses for the newly installed public facilities, notwithstanding the provisions of the State Properties Act and the Local Finance Act.

(3) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun intends to grant permission for an act of development which includes matters relating to reversion of public facilities referred to in paragraphs (1) and (2), he shall beforehand listen to the opinions of the managing authority for the public facilities concerned: Provided, That if no managing authority has been designated, the opinion of the managing authority shall be taken after the managing authority is designated and before completion, and if the managing authority is not clear, the Minister of Construction and Transportation and the Minister of Finance and Economy shall be considered to be the managing authority for the cases of roads, rivers, and ditches, etc. and for the cases of all other properties, respectively.

(4) If the Special Metropolitan City Mayor, a Metropolitan City Mayor, the head of a Si or Gun has granted permission for an act of development after listening to the opinions of the managing authority under the provisions of paragraph (3), the person who is granted the permission for the act of development may perform the act of development with the assumption that the authorization or permission, etc. referred to in the relevant Acts has been received in connection with occupation and use of the public facilities included in the permission. In such a case, occupation fees and use fees for occupation or use of the public facilities concerned shall be considered exempt.

(5) If the person who received permission for an act of development is an administrative authority, he shall notify the managing authority for the facilities concerned with the kinds of the public facilities and the particulars of the land at the end of the completion inspection after completion of the act of development. In such a case, the public facilities shall be considered to be reverted to the managing authority that is to manage the facilities concerned and the person who was granted permission for the act of permission on the day of the notification.

(6) If the person who received permission for an act of development is not an administrative authority, the person who received permission for the act of development shall notify the managing authority for the facilities in question with the kinds thereof and the particulars of the land before completion of the act of development connected with the public facilities that will revert to the managing authority or transferred to him under paragraph (2), and the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun who has given a completion inspection shall notify the managing authority for the facilities in question with the details thereof. In such a case the public facilities shall be considered reverted or transferred to the managing authority which will manage the facilities and to the person who received permission for the act of development, respectively, through receipt of the completion inspection.

(7) In the course of registering the public facilities referred to in paragraphs (1) through (6), documents that prove the grounds for registration referred to in Article 41 of the Registration of Real Estate Act shall be substituted by the documents that prove the receipt of the completion inspection referred to in Article 51 (1).

(8) If the person who received permission for an act of development is an administrative authority, the person who received permission for the act of development may not use the proceeds arising from the disposal of the public facilities reverted to him under the provisions of paragraph (1) for a purpose other than the urban planning project.

Article 53(Restriction on Construction in Area or District) #

(1) Matters regarding the restriction of the uses, kinds and scales of buildings in an area which is so designated under the provisions of Article 32 shall be prescribed by the Presidential Decree.

(2) Unless there are special provisions in this Act or in other Acts, matters regarding the restriction on the uses, kinds, and scales of buildings in a district which is so designated under the provisions of Article 33 may be prescribed by the Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, Si or Gun in accordance with the standards determined by the Presidential Decree.

(3) The restriction on the uses, kinds, and scales of buildings referred to in paragraphs (1) and (2) shall be appropriate for the objectives of designation of the area and district concerned.

Article 54(Building-to-Land Ratio in Area) #

(1) The maximum limit for the ratio (hereinafter referred to as the “building-to-land ratio”) of the building area (the total of the area of all buildings if there are at least two buildings on the plot) to the plottage within an area which is so designated under the provisions of Article 32 shall be determined by the Municipal Ordinance of the Special Metropolitan City, Metropolitan City, Si, or Gun within the limits referred to in the following subparagraphs and in accordance with the standards determined by the Presidential Decree:

1. Residential area: no more than seventy percent;

2. Commercial area: no more than ninety percent;

3. Industrial area: no more than seventy percent (no more than eighty percent for an industrial complex referred to in subparagraph 5 of Article 2 of the Industrial Sites and Development Act);

4. Greenbelt area: no more than twenty percent; and

5. Other areas: no more than sixty percent.

(2) Standards for the building-to-land ratio in an area that has been further broken down under the provisions of Article 32 (2) shall be separately determined by the Presidential Decree within the limits referred to in each subparagraph of paragraph (1).

(3) In such cases as those determined by the Presidential Decree where there is a necessity for prevention of overpopulation of an urban community or a necessity for increasing the degree of land use, the buildingto-land ratio may be determined separately by the Municipal Ordinance of the Special Metropolitan City, Metropolitan City, Si, or Gun, notwithstanding the provisions of paragraph (1).

Article 55(Floor-Area-to-Land Ratio in Area) #

(1) The maximum limit for the ratio (hereinafter referred to as the “floorarea-to-land ratio”) of the total floor area of a building (the total of the floor area of all buildings if there are at least two buildings on the plot) to the plottage within an area which is so designated under the provisions of Article 32 shall be determined by the Municipal Ordinance of the Special Metropolitan City, Metropolitan City, Si, or Gun within the limits referred to in the following subparagraphs and in accordance with the standards determined by the Presidential Decree:

1. Residential area: no more than seven hundred percent;

2. Commercial area: no more than one thousand five hundred percent;

3. Industrial area: no more than four hundred percent;

4. Greenbelt area: no more than two hundred percent; and

5. Other areas: no more than two hundred percent.

(2) Standards for the floor-area-to-land ratio in an area that has been further broken down under the provisions of Article 32 (2) shall be separately determined by the Presidential Decree within the limits referred to in each subparagraph of paragraph (1).

(3) If there is a park, public square, road, river, or other type of vacant lot near a building, or if such is being installed there, the floor-areatoland ratio may be determined separately by the Municipal Ordinance of the Special Metropolitan City, Metropolitan City, Si, or Gun in accordance with the provisions of the Presidential Decree, notwithstanding the provisions of paragraph (1).

Article 56(Restriction on Acts, etc. in Development Restriction Area) #

Matters regarding the restriction on acts in a development restriction area and other manners of managing a development restriction area shall be determined separately by Act.

Article 57(Restriction on Acts in Street Creation Regulation Area) #

(1) Urban planning projects within a street creation regulation area which is so designated under the provisions of Article 35 (hereinafter referred to as a “street creation regulation area”) may be implemented only if they are projects determined by the Presidential Decree.

(2) Unless by an urban planning project, only the acts falling under one of the following subparagraphs may be performed in a street creation regulation area by obtaining permission of the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Kun:

1. An act of constructing a building for agricultural, forestry, or fishing purposes that meets the category and scale determined by the Presidential Decree, or other acts determined by the Presidential Decree; and

2. An act of cutting of standing timber, planting trees, taking care of trees, gathering earth and sand, and other trivial acts determined by the Presidential Decree.

(3) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun intends to grant permission referred to in paragraph (2), he shall confer beforehand with the holder of the authority for permission referred to in each subparagraph of paragraph (5), the manager of the public facilities connected with the act subject to that permission, or the person who will manage the public facilities being installed by the act.

(4) Provisions of Article 47 (6) and (7) shall apply mutatis mutandis to a person who performs such an act as construction of a building or change of the form and quality of land in a street creation regulation area without obtaining the permission referred to in paragraph (2).

(5) If permission referred to in paragraph (2) is granted, permission referred to in the following subparagraphs shall be considered to be granted:

1. Permission for diversion of a conserved forest referred to in Article 18 (1) of the Forestry Act;

2. Permission for cutting standing timber referred to in Article 90 of the Forestry Act;

3. Permission for quarrying referred to in Article 90-2 of the Forestry Act; and

4. Permission for gathering earth and sand referred to in Article 90-6 of the Forestry Act.

(6) The criteria and application procedures for the permission referred to in paragraph (2) and other necessary matters shall be determined by the Presidential Decree.

Article 58(Formulation of Plan for Phased Implementation) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall formulate a plan for phased implementation for facilities under urban planning which includes a plan for raising funds and plan for compensation, etc. within two years from the day on which the decision of the facilities under urban planning becomes effective and in accordance with the provisions of the Presidential Decree.

(2) If urban planning is prepared directly by the Minister of Construction and Transportation or a Do governor, the Minister of Construction and Transportation or the Do governor may formulate a plan for phased implementation and forward it to the applicable Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun.

(3) A plan for phased implementation shall be formulated by dividing it into the plan for implementation of phase one and the plan for implementation of phase two, and a project for facilities under urban planning that is to be implemented within three years and a project for facilities under urban planning that is to be implemented after three years shall be included in the plan for implementation of phase one and the plan for implementation of phase two, respectively.

(4) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun formulates or receives a plan for phased implementation under the provisions of paragraph (1) or (2), he shall immediately make a public announcement thereof in accordance with the provisions of the Presidential Decree.

(5) Provisions of paragraphs (1) through (4) shall apply mutatis mutandis in cases where a publicly announced plan for phased implementation is being modified: Provided, That this shall not apply if trivial details determined by the Presidential Decree are being modified.

Article 59(Implementer of Project for Facilities under Urban Planning) #

(1) Unless there are special provisions in this Act or other Acts, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall implement the project for facilities under urban planning within his jurisdictional area.

(2) When a project for facilities under urban planning is to be implemented over the jurisdictional area of at least two of the Special Metropolitan City, Metropolitan Cities, Shis, or Kuns, the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Shis or Kuns shall determine the implementer after conferring with each other.

(3) If the conference referred to in paragraph (2) is not realized, the provisions of Article 18 (3) shall apply mutatis mutandis with regard to designation of the implementer.

(4) When the state planning is involved or when such a measure as below is otherwise recognized to be especially necessary, the Minister of Construction and Transportation may directly implement a project for facilities under urban planning after listening to the opinions of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun notwithstanding the provisions of paragraphs (1) through (3), and when metropolitan planning is involved or when such a measure as below is otherwise recognized to be especially necessary, a Do governor may directly implement a project for facilities under urban planning after listening to the opinions of the head of the relevant Si or Gun.

(5) A person other than those who may become implementers under the provisions of paragraphs (1) through (4) may implement a project for facilities under urban planning by receiving designation of implementer from the competent Special Metropolitan City Mayor, Metropolitan City Mayor or head of Si or Gun in accordance with the provisions of the Presidential Decree.

(6) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun has designated the implementer of an urban planning project under the provisions of paragraph (2) or (5), he shall announce the details of the designation in accordance with the Ordinance of the Ministry of Construction and Transportation.

Article 60(Installment Implementation of Project for Facilities under Urban Planning) #

The implementer of a project for facilities under urban planning may implement the project for facilities under urban planning by dividing the area targeted for implementation of the project into at least two parts when such a measure is recognized to be necessary for efficient promotion of the project.

Article 61(Preparation and Authorization of Implementation Plan) #

(1) The implementer of a project for facilities under urban planning shall prepare an implementation plan concerning the project for facilities under urban planning in question (hereinafter referred to as an “implementation plan”) in accordance with the provisions of the Presidential Decree.

(2) When the implementer of a project for facilities under urban planning (excluding the Minister of Construction and Transportation and Mayors/ Do governors) has prepared the implementation plan under the provisions of paragraph (1), he shall obtain authorization of the Mayor/Do governor.

(3) Provisions of paragraph (2) shall apply mutatis mutandis in cases of modification or cancellation of an authorized implementation plan: Provided, That this shall not apply if trivial details determined by the Ordinance of the Ministry of Construction and Transportation are being modified or cancelled.

(4) The blueprint and specifications, financial plans, and duration of implementation necessary for implementation of the project and other matters determined by the Presidential Decree shall be clearly stated in or attached to an implementation plan.

Article 62(Public Exhibition, etc. of Documents) #

(1) When the Mayor/Do governor intends to grant authorization for an implementation plan under the provisions of Article 61 (2), he shall in advance make a public announcement thereof in accordance with the provisions of the Presidential Decree and have copies of the relevant documents exhibited to the general public for at least fourteen days.

(2) The owner of land or a building, etc. within the implementation district of a project for facilities under urban planning or a person whose interest therein is involved may submit a written opinion to the Mayor/ Do governor or the implementer of the project for facilities under urban planning during the public exhibition period referred to in paragraph (1), and the Mayor/Do governor or the implementer of the project for facilities under urban planning shall reflect the submitted suggestions in the implementation plan when they are recognized to be reasonable.

(3) Provisions of paragraphs (1) and (2) shall apply mutatis mutandis with regard to the cases where the Minister of Construction and Transportation or the Mayor/Do governor prepares an implementation plan.

Article 63(Announcement of Implementation Plan) #

When the Minister of Construction and Transportation or the Mayor/Do governor prepares or grants authorization of an implementation plan under the provisions of Article 61, he shall announce the contents thereof in accordance with the provisions of the Presidential Decree.

Article 64(Legal Fiction of Relevant Authorization or Permission, etc.) #

(1) In connection with the matters for which the Minister of Construction and Transportation or the Mayor/Do governor has conferred with the head of the relevant administrative agency about authorization or permission, etc. referred to in the following subparagraphs under the provisions of paragraph (3) in the course of preparation or granting authorization of an implementation plan referred to in Article 61, the authorization or permission, etc. in question shall be considered to have been granted, and where the implementation plan has been announced under Article 63, authorization or permission, etc. pursuant to related Acts shall be considered to have been announced or publicly notified, etc.:

1. Construction permission referred to in Article 8 of the Building Act, construction report referred to in Article 9 of the same Act, temporary building permission or report referred to in Article 15 of the same Act;

2. Approval of establishment of a factory referred to in Article 13 of the Industrial Placement and Factory Construction Act;

3. License to reclaim public waters referred to in Article 9 of the Public Waters Reclamation Act, authorization of implementation plan referred to in Article 15 of the same Act, consultation or approval referred to in Article 38 of the same Act;

4. Occupation or use permission referred to in Article 5 of the Public Waters Management Act, authorization of implementation plan referred to in Article 8 of the same Act;

5. Authorization of mining plan referred to in Article 47 of the Mining Industry Act;

6. Permission of use and benefit referred to in Article 24 of the State Properties Act;

7. Approval referred to in Article 20 of the Rearrangement of Agricultural and Fishing Villages Act for use of agricultural infrastructure for a different purpose;

8. Permission or consultation for diversion of use of farmland referred to in Article 36 of the Farmland Act;

9. Permission for execution of roadworks referred to in Article 34 of the Road Act, permission for occupation and use of roads referred to in Article 40 of the same Act;

10. Permission referred to in Article 16 (2) of the Burial and Graveyard, etc. Act to rebury the remains of a dead with no known burier or relative;

11. Permission to open up private roads as referred to in Article 4 of the Private Road Act;

12. Permission for change of form and quality of land as referred to in Article 14 of the Work against Land Erosion or Collapse Act, and cancellation of the designation of an erosion control area as referred to in Article 20 of the same Act;

13. Permission or conference for diversion of a conserved forest as referred to in Article 18 of the Forestry Act, permission for cutting of standing timber as referred to in Article 90 of the same Act, quarrying permission referred to in Article 90-2 of the same Act, or permission for gathering earth and sand as referred to in Article 90-6 of the same Act;

14. Permission for execution of a small river related construction as referred to in Article 10 of the Small River Maintenance Act, and permission for occupation of a small river as referred to in Article 14 of the same Act;

15. Authorization for waterworks enterprise referred to in Articles 12 and 33-2 of the Water Supply and Waterworks Installation Act, and authorization for installation of exclusive waterworks referred to in Articles 36 and 38 of the same Act;

16. Approval referred to in Article 17 of the Coast Management Act for a plan for implementation of a coastal maintenance project;

17. Consultation about energy use program referred to in Article 8 of the Energy Use Rationalization Act;

18. Registration of opening of a superstore as referred to in Article 8 of the Distribution Industry Development Act;

19. Permission for use or benefit referred to in Article 82 (1) 1 of the Local Finance Act;

20. Commencement, modification, or completion report referred to in Article 24 of the Cadastral Act;

21. Consultation concerning the feasibility of integrated energy supply as referred to in Article 4 of the Integrated Energy Supply Act;

22. Recognition of business plan referred to in Article 12 of the Installation and Utilization of Sports Facilities Act;

23. Permission for conversion of grassland as referred to in Article 23 of the Grassland Act;

24. Examination of the use of survey results as referred to in Article 25 of the Land Survey Act;

25. Permission for execution of construction works relating to public sewerage, as referred to in Article 13 of the Sewerage Act;

26. Permission for execution of a riparian work as referred to in Article 30 of the River Act, and permission for river occupancy referred to in Article 33 of the same Act; and

27. Permission for execution of harbor-related construction referred to in Article 9 (2) of the Harbor Act, and approval for an implementation plan referred to in Article 10 (2) of the same Act.

(2) A person who intends to be granted the legal fiction of authorization or permission, etc. as referred to in paragraph (1) shall submit the relevant documents determined by the applicable Acts together with the application for authorization of an implementation plan at the same time.

(3) When there are matters that fall under any subparagraph of paragraph (1) in the course of preparing or granting authorization for an implementation plan, the Minister of Construction and Transportation or the Mayor/Do governor shall confer beforehand with the head of the relevant administrative agency.

Article 65(Inspection, etc. of Relevant Documents) #

When such a measure as below is necessary for implementation of a project for facilities under urban planning, the implementer of the project for facilities under urban planning may request a registry office or the head of the relevant administrative agency for inspection of necessary documents or for issue of their transcription, certified copy, or abstract, at no charge.

Article 66(Service of Documents) #

(1) When the implementer of a project for facilities under urban planning is unable to deliver documents due to an ambiguity in the domicile or temporary domicile of the persons whose interests are involved or other circumstances, he may make a public announcement, in accordance with the provisions of the Presidential Decree, in lieu of the service of those documents.

(2) Service by publication of documents as referred to in paragraph (1) shall be in accordance with the examples of service by publication as referred to in the Civil Procedure Act.

Article 67(Expropriation and Use of Land, etc.) #

(1) The implementer of a project for facilities under urban planning may expropriate or use the objects or rights referred to in the following subparagraphs which are necessary for the project for facilities under urban planning in the urban planning zone:

1. Land, a building, or an object affixed to that land; and

2. Rights to land, a building, or an object affixed to that land, other than ownership.

(2) If a part of land parcel is expropriated or used for a project for facilities under urban planning in such a manner that makes it impossible for the remainder of the land to be put to its customary use or used as a housing site, the owner of the land may request the implementer of the project for facilities under urban planning to expropriate or use the remaining land.

(3) When such a measure as follows is especially necessary for implementation of a project for facilities under urban planning, the implementer thereof may make a one-time use of land, buildings, or objects affixed to that land near the facilities under urban planning or the rights, other than those of ownership, to land, buildings or objects affixed to that land.

Article 68(Application Mutatis Mutandis of Land Expropriation Act) #

(1) Unless there are special provisions in this Act, the provisions of the Land Expropriation Act shall apply mutatis mutandis in regard to expropriation or use referred to in Article 67.

(2) When there is an announcement of an implementation plan referred to in Article 63 in the course of applying mutatis mutandis the provisions of the Land Expropriation Act under the provisions of paragraph (1), approval of project and the announcement thereof as referred to in Articles 14 and 16 of the Land Expropriation Act shall be considered to be made: Provided, That an application for adjudication shall be made within the duration of a project for facilities under urban planning which is determined by the implementation plan, notwithstanding the provisions of Articles 17 and 25 (2) of the Land Expropriation Act.

Article 69(Restriction on Disposal of Stateor Public-Owned Land) #

(1) State-owned or public-owned land within an urban planning zone that is necessary for the project for facilities under the urban planning may not be sold or transferred for a purpose other than that which is determined by the urban planning concerned.

(2) An act that is in violation of the provisions of paragraph (1) shall be void.

Article 70(Public Announcement of Completion of Construction) #

(1) When the construction for a project for facilities under urban planning is completed, the implementer of the project for facilities under urban planning (excluding the Minister of Construction and Transportation and the Mayors/Do governors) shall prepare a written report on completion of construction and receive a completion inspection of the Mayor/Do governor in accordance with the provisions of the Ordinance of the Ministry of Construction and Transportation.

(2) When the Mayor/Do governor receives a written report on completion of construction referred to in paragraph (1), he shall without any delay conduct a completion inspection.

(3) When the Mayor/Do governor determines, as a result of the completion inspection referred to in paragraph (2), that the construction has been completed in accordance with the implementation plan, he shall issue a certificate of inspection completion to the implementer of the project for facilities under urban planning and give a public announcement of the completion of the construction.

(4) When the implementer of a project for facilities under urban planning who is the Minister of Construction and Transportation or the Mayor/Do governor has completed the construction of the project for facilities under urban planning, he shall give a public announcement of the completion of construction.

(5) In regard to the matters for which the Minister of Construction and Transportation or the Mayor/Do governor has conferred with the head of the relevant administrative agency under the provisions of paragraph (7) in the course of giving a completion inspection under the provisions of paragraph (2) or giving a public announcement of completion of construction under the provisions of paragraph (4) about the completion inspection or completion authorization, etc. following authorization or permission, etc. the legal fiction of which is granted under the provisions of Article 64, the completion inspection or completion authorization, etc. in question shall be considered to have been granted.

(6) When the implementer of a project for facilities under urban planning (excluding the Minister of Construction and Transportation and the Mayors/Do governors) intends to be granted the legal fiction of completion inspection or completion authorization, etc. as referred to in paragraph (5), he shall submit the relevant documents determined by the applicable Acts together with the application for completion inspection referred to in paragraph (1) at the same time.

(7) When there are matters that fall under completion inspection or completion authorization, etc. following authorization or permission, etc. the legal fiction of which is granted under the provisions of Article 64 in the details of the course of giving completion inspection under the provisions of paragraph (2) or giving a public announcement of the completion of construction under the provisions of paragraph (4), the Minister of Construction and Transportation, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun shall confer beforehand with the head of the relevant administrative agency.

Article 71(Reversion of Public Facilities, etc.) #

Provisions of Article 52 shall apply mutatis mutandis in cases where public facilities are newly installed through a project for facilities under urban planning or where public facilities that substitute for the existing public facilities are installed. In such a case, the phrase “at the end of the completion inspection” as it appears in Article 52 (5) and the phrase “documents that prove the receipt of the completion inspection referred to in Article 51 (1)” as it appears in Article 52 (7) shall be considered as “at the end of the completion inspection (if the implementer is the Minister of Construction and Transportation or the Mayor/Do governor, referring to when a public announcement of completion of construction referred to in Article 70 (4) is made)” and “the certificate of inspection completion referred to in Article 70 (3) (if the implementer is the Minister of Construction and Transportation or the Mayor/Do governor, referring to the public announcement of completion of construction referred to in paragraph (4) of the same Article)”, respectively.

Article 72(Relation to Other Acts) #

When disposal of a property, from among building lots and buildings created through a project for facilities under urban planning, that is under the ownership of the State or a local government is intended, it may be disposed of according to the order referred to in the following subparagraphs in accordance with the provisions of the Presidential Decree, notwithstanding the provisions of the State Properties Act and the Local Finance Act:

1. Transfer to the owner of land or building that has been expropriated due to implementation of the project for facilities under urban planning concerned; and

2. Exchange with land that is necessary for a different urban planning project.

Article 73(Principle of Responsibility for Expenses) #

Unless there are special provisions in this Act or in other Acts, the expenses related with urban planning and a project for facilities under urban planning shall be borne by the national treasury, the local government concerned, or the implementer, if the project is being implemented by the State, by the head of a local government, or by a person other than administrative authorities, respectively.

Article 74(Responsibility of Local Government for Expenses) #

(1) When there is the City/ Do, Si, or Gun that receives considerable benefits from a project for facilities under urban planning implemented by the Minister of Construction and Transportation or the Mayor/Do governor, he may put a burden on the City/ Do, Si, or Gun receiving those benefits for part of the expenses required for the plan for facilities under urban planning concerned in accordance with the provisions of the Presidential Decree. In such a case, the Minister of the Construction and Transportation shall confer with the Minister of Government Administration and Home Affairs before putting a burden of expenses on the City/ Do, Si, or Gun.

(2) When the Mayor/Do governor intends to put a burden of expenses on the Special Metropolitan City, a Metropolitan City, Si, or Gun that does not belong to his City/Do under the provisions of paragraph (1), he shall confer with the head of the local government concerned, but if no conference is realized, he shall conform to the determinations of the Minister of Government Administration and Home Affairs.

(3) When there is a different local government that receives considerable benefits from a project for facilities under urban planning implemented by the head of a Si or Gun, he may put a burden on that different local government receiving benefits for part of the expenses required for the project for facilities under urban planning concerned by conferring with that other local government and in accordance with the provisions of the Presidential Decree.

(4) When a conference as referred to in paragraph (3) is not realized, determinations of the competent Do governor shall be followed if the other local government belongs to the same Do, and determinations of the Minister of Government Administration and Home Affairs shall be followed if the other local government belongs to a different City/Do.

Article 75(Responsibility of Public Facilities Manager for Expenses) #

When a manager of public facilities has received considerable benefits from a project for facilities under urban planning (limited to the public facilities that are installed and/or managed by someone other than the implementer concerned), the implementer of the project for facilities under urban planning (limited to an administrative authority) may put a burden on that manager of public facilities for part of the expenses required for the project for facilities under urban planning concerned by conferring with him and in accordance with the provisions of the Presidential Decree. In such a case, when no conference is realized, the matter shall be resolved by listening to the opinions of the head of the central administrative agency for the public facilities concerned.

Article 76(Subsidy or Loan) #

(1) All or part of the expenses required for a foundational investigation related with fundamental urban planning, metropolitan planning, or urban planning that is formulated by an administrative authority may be subsidized from the national treasury in accordance with the provisions of the Presidential Decree.

(2) All or part of the expenses required for a project for facilities under urban planning that is being implemented by an administrative authority may be subsidized or loaned from the national treasury in accordance with the provisions of the Presidential Decree, and the State or a local government may subsidize or give a loan for part of the expenses required for a project for facilities under urban planning that is being implemented by someone other than administrative authorities in accordance with the provisions of the Presidential Decree.

Article 77(Central Urban Planning Committee) #

A Central Urban Planning Committee shall be established under the Ministry of Construction and Transportation in order to deliberate on matters that belong under the authority of the Minister of Construction and Transportation such as comprehensive countermeasure for growth of urban communities, fundamental urban planning, and metropolitan planning and on matters for which deliberation of the Central Urban Planning Committee is required under the provisions of other Acts and to conduct investigations and research studies related with urban planning.

Article 78(Organization) #

(1) The Central Urban Planning Committee shall be composed of one each of the chairman and vice chairman and at least twenty but no more than twenty-five members.

(2) The Minister of Construction and Transportation shall become the chairman of the Committee, and the Vice Minister of Construction and Transportation shall become the vice chairman thereof.

(3) The committee members shall be appointed or commissioned by the Minister of Construction and Transportation from among public officials at the relevant central administrative agencies and persons who have extensive knowledge and experience related with urban planning, such as that in land use, transportation, and the environment.

(4) The committee members who are not public officials shall be at least seven in number, and their terms of office shall be two years.

(5) Term of office of a substitute member who is filling vacancy shall be the remaining term of his predecessor.

Article 79(Official Duties of Chairman, etc.) #

(1) The chairman of the Central Urban Planning Committee shall exercise overall control over the affairs of the Committee and become the presiding officer of the Committee.

(2) The vice chairman of the Committee shall assist the chairman and, if the chairman is unable to perform his official duties due to an unavoidable circumstance, perform those duties for the chairman.

(3) If both the chairman and vice chairman are unable to perform their official duties due to an unavoidable circumstance, a committee member appointed in advance by the chairman shall perform those duties for them.

Article 80(Call of Meeting and Quorum of Voting) #

(1) A meeting of the Central Urban Planning Committee shall be called by the chairman of the Committee when the chairman recognizes a necessity therefor.

(2) A meeting of the Central Urban Planning Committee shall be started with the attendance of a majority of the registered committee members, and a resolution shall be passed by a vote in favor by a majority of the committee members in attendance.

Article 81(Subcommittee) #

(1) The Central Urban Planning Committee may have subcommittees for the purpose of settling matters delegated by it.

(2) For the matters that are especially designated by the Central Urban Planning Committee, from among the matters delegated to a subcommittee, deliberation by the subcommittee shall be considered deliberation by the Central Urban Planning Committee.

Article 82(Special Counsels) #

(1) The Central Urban Planning Committee may have special counsels for the purpose of investigating and researching important matters related with urban planning, etc.

(2) The special counsels may attend and speak before a meeting when there is such a request from the chairman of the Committee and the Committee or a subcommittee.

(3) The special counsels shall be appointed by the Minister of Construction and Transportation from among persons with extensive knowledge and experience related with urban planning, such as that in land use, transportation, and environment.

Article 83(Secretary and Clerk) #

(1) The Central Urban Planning Committee shall have a secretary and a clerk.

(2) The secretary and clerk shall be appointed by the chairman of the Committee from among public officials under the Ministry of Construction and Transportation.

(3) The secretary shall be in charge of the administrative affairs of the committee by the command of the chairman of the Committee, and the clerk shall assist the secretary.

Article 84(Consultation, etc. of Specialized Institutions) #

(1) When such a measure as follows is recognized as necessary, the Minister of Construction and Transportation may consult with specialized institutions that are urban-planning-related about or ask them to investigate or research in fundamental urban planning, approval of metropolitan planning, and other important matters related with urban planning.

(2) When the Minister of Construction and Transportation consults or asks for investigation or research under the provisions of paragraph (1), the expenses necessary therefore may be paid to the specialized institution concerned within the budgetary limits.

Article 85(Local Urban Planning Committee) #

(1) A Special Metropolitan Planning Committee, a Metropolitan Planning Committee, and a Do Urban Planning Committee shall each be established in the Cities/Dos, respectively, for the purpose of being in charge of the matters referred to in the following subparagraphs:

1. Deliberation of urban planning decisions regarding which are made by the Mayor/Do governor;

2. If matters, from among the powers of the Minister of Construction and Transportation, falling under those which are subject to deliberation by the Central Urban Planning Committee are delegated to the Mayor/Do governor, deliberation of those delegated matters; and

3. Consultation to the Mayor/Do governor on matters related with urban planning.

(2) A Si Urban planning Committee, a Gun Urban Planning Committee, and a Gu Urban Planning Committee may each be established in Si, Gun (including any Gun that is located within the jurisdictional area of a Metropolitan City), and Gu (referring to an autonomous Ku), respectively, for the purpose of deliberating or providing consultation on the urbanplanning-related matters referred to in the following subparagraphs:

1. If matters, from among the powers of the Minister of Construction and Transportation or the Mayor/Do governor, falling under those which are subject to deliberation by the Central Urban Planning Committee or the Special Metropolitan, Metropolitan, or Do Urban Planning Committee are delegated or re-delegated to the head of a Si, Gun (including a Gun that is located within the jurisdictional area of a Metropolitan City; hereafter in this Article the same shall apply), or Gu (referring to an autonomous Gu; hereinafter the same shall apply), deliberation of those delegated or re-delegated matters; and

2. Consultation to the head of Si, Gun or Gu on matters related with urban planning.

Article 86(Detailed Regulations of Operation) #

(1) Matters necessary with regard to the operation of the Central Urban Planning Committee shall be determined by the Presidential Decree.

(2) Matters necessary with regard to the establishment and operation of an urban planning committee that is established at a local government under the provisions of Article 85 (hereinafter referred to as a “local urban planning committee”) shall be determined by the Municipal Ordinance of the local government concerned within the limits determined by the Presidential Decree.

Article 87(Stipend and Travel Expenses for Committee Members, etc.) #

Stipends and travel expenses may be provided to the members or special counsels of the Central Urban Planning Committee and local urban planning committees in accordance with the provisions of the Presidential Decree or the Municipal Ordinances concerned.

Article 88(Standing Urban Planning Corps) #

A standing urban planning corps may be established under a local urban planning committee in accordance with the provisions of the Municipal Ordinance of the local government concerned for the purposes of examining the fundamental urban planning, metropolitan planning, or urban planning prepared by the head of the local government or making, giving, or doing plans, instructions, investigations and research studies related with fundamental urban planning, metropolitan planning, urban planning for which the head of the local government is making a request.

Article 89(Entry, etc. onto Land) #

(1) When such a measure as follows is necessary for a foundational investigation related with fundamental urban planning, metropolitan planning, or urban planning or for investigation, measurement or implementation related with urban planning, the Minister of Construction and Transportation, the Mayor/Do governor, the head of a Si or Gun, or the implementer of a project for facilities under urban planning may enter onto another person’s land, make a one-time use of it as a place for storage of materials or an emergency pathway, or, when especially necessary, change or remove standing timber, earth and rocks, or other obstructions.

(2) A person who intends to enter onto another person’s land under the provisions of paragraph (1) shall obtain permission of the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun and give the owner, possessor, or manager of the land a notice of the time and location at least three days before the date intended for entry: Provided, That the implementer of a project for facilities under urban planning who is an administrative authority may enter onto another person’s land without obtaining permission.

(3) A person who intends to use another person’s land as a place for storage of materials or an emergency pathway or change or remove standing timber, earth and rocks, or other obstructions under the provisions of paragraph (1) shall obtain consent of the owner, possessor, or manager of the land.

(4) In such a case as one referred to in paragraph (3), when the consent could not be obtained due to the absence of the owner, possessor, or manager of the land or obstruction from the site or ambiguities in his domicile or temporary domicile, the implementer of a project for facilities under urban planning who is an administrative authority shall notify the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun, and the implementer of a project for facilities under urban planning who is not an administrative authority shall obtain in advance permission of the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si or Gun.

(5) A person who intends to make a one-time use of land or change or remove an obstruction under the provisions of paragraphs (3) and (4) shall give a notice to the owner, possessor, or manager of the land or obstruction at least three days before the intended date for use of the land or change or removal of the obstruction.

(6) Before the sunrise or after the sunset, one may not enter onto another person’s land that is a building site or surrounded by a wall or fence without permission of the possessor of that land.

(7) A possessor of land may not obstruct or refuse an act referred to in paragraph (1) without a proper reason therefor.

(8) A person who intends to perform an act referred to in paragraph (1) shall carry a certificate and permit which show his authority and show them to relevant persons.

(9) Matters necessary with regard to the certificate and permit referred to in paragraph (8) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 90(Compensation for Loss Sustained from Entry, etc. onto Another Person’s Land) #

(1) With respect to a person who sustains any loss due to an act performed under Article 89 (1), an administrative authority or implementer of a project for urban planning to which the doer belongs shall be liable to compensate for the loss.

(2) As regards the compensation for loss under paragraph (1), a conference shall be held between the person liable to compensate for the loss and the person who sustained the loss.

(3) Where an agreement is not reached or it is impossible to hold a conference under paragraph (2), the person liable to compensate for the loss or the person who sustained the loss may apply for an adjudication to the competent Land Expropriation Committee.

(4) The provisions of Articles 73 through 75, 75-2, and 75-3 of the Land Expropriation Act shall apply mutatis mutandis to the adjudication of the competent Land Expropriation Committee under paragraph (3).

Article 91(Construction, Operation, and Utilization of Urban Planning Information System) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun may construct and operate an urban planning information system for efficient promotion of urban planning operations.

(2) Matters necessary with regard to construction and operation of the urban planning information system referred to in paragraph (1) and settlement of urban planning operations utilizing it shall be prescribed by the Presidential Decree.

Article 92(Supervisory Action against Offenders of Acts, etc.) #

(1) The Minister of Construction and Transportation, the Mayor/Do governor, or the head of a Si or Gun may take a necessary action or order a necessary measure, such as revocation of permission or authorization, etc. referred to in this Act, suspension of construction, reconstruction or removal of a structure, against a person falling under one of the following subparagraphs:

1. A person who violates this Act or an order or action referred to in this Act;

2. A person who obtains permission or authorization, etc. referred to in this Act through deceit or other illegitimate method; and

3. If there is a concern that an act of development or the continued implementation of a project for facilities under urban planning may cause considerable harm to public interest due to a change in the circumstances, the person who received permission for that act of development or the implementer of that project for facilities under urban planning.

(2) When the Minister of Construction and Transportation, the Mayor/ Do governor, or the head of a Si or Gun ordered a measure referred to in paragraph (1) 3, he shall compensate any loss arising therefrom.

(3) Provisions of Article 90 (2) through (4) shall apply mutatis mutandis in regard to the loss compensation referred to in paragraph (2).

Article 93(Administrative Ruling) #

In connection with an action taken against the implementer of a project for facilities under urban planning referred to in this Act, an administrative appeal may be brought under the provisions of the Administrative Appeals Act. In such a case, an administrative appeal in connection with an action taken against an implementer who is not an administrative authority shall be brought to the competent Mayor/Do governor.

Article 94(Succession, etc. to Rights and Responsibilities) #

(1) The rights and responsibilities of a person who has the ownership of or other rights to land or a building within an urban planning zone that are related with the urban planning shall be transferred to the successor at the same time as a change in the ownership of or other rights to that land or building.

(2) Provisions of this Act or an order referred to in this Act, the procedures thereof, and other acts shall have an effect against the successor who as the ownership of or other rights to the land or building connected with the acts.

Article 95(Hearing) #

When the Mayor/Do governor or the head of a Si or Gun intends to take an action falling under one of the following subparagraphs under the provisions of Article 92 (1), he shall hold a hearing:

1. Revocation of permission for an act of development;

2. Revocation of the designation of implementer of a project for facilities under urban planning which is referred to in Article 59 (5); and

3. Revocation of authorization of an implementation plan.

Article 96(Report, Inspection, etc.) #

(1) When the Mayor/Do governor or the head of a Si or Gun recognizes that such a measure as follows is necessary, he may order a report or submission of materials that are necessary on supervisory grounds from a person who has received permission for an act of development or the implementer of a project for facilities under urban planning and may have public officials under him inspect the current state of the operations related with the act of development.

(2) Public officials who conduct an inspection of operations under the provisions of paragraph (1) shall carry on themselves a certificate indicating their authority and show it to the relevant persons.

(3) Matters necessary with regard to the certificate of authority referred to in paragraph (2) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 97(Application Mutatis Mutandis to Urban Infrastructure outside Urban Planning Zone) #

(1) If installation and management of urban infrastructure is intended near an urban planning zone, provisions of Articles 18 through 29, 31 (2), 36 through 41, 58 through 76, 89, 90, and 92 through 96 shall apply mutatis mutandis in accordance with the provisions of the Presidential Decree.

(2) When urban planning for urban infrastructure is decided and announced and the topographical blueprint therefor is announced by applying the provisions of Article 24 and 26mutatis mutandis under the provisions of paragraph (1), location approval and consultation referred to in the proviso of Article 20 (1) of the Act on the Utilization and Management of the National Territory shall be considered to be made.

Article 98(Assignment and Delegation of Powers) #

(1) The powers of the Minister of Construction and Transportation referred to in this Act may be in part assigned to the Mayor/Do governor in accordance with the Presidential Decree, and the Mayor/Do governor may reassign those assigned powers to the head of Si, Gun (including Gun that is located within the jurisdictional area of a Metropolitan City; the same shall apply hereafter within paragraph (2)), or Gu upon obtaining approval of the Minister of Construction and Transportation.

(2) The powers of the Mayor/Do governor referred to in this Act may be assigned to the head of Si, Gun, or Gu in accordance with the provisions of the Municipal Ordinance of the City/Do. In this case, the Mayor/Do governor shall report on the assignment of powers to the Minister of Construction and Transportation.

(3) If powers are assigned or reassigned under the provisions of paragraph (1) or (2), the matters, from among the assigned or reassigned matters, for which deliberation of the Central Urban Planning Committee or a local urban planning committee is necessary shall be put through deliberation of the local urban planning committee that is established at the local government to which the agency with the assignment or reassignment belongs, and the opinions of the local government to which the agency with the assignment or reassignment belongs shall be heard on the matters on which opinions of the local government should be heard.

(4) Clerical works of the Minister of Construction and Transportation, the Mayor/Do governor, or the head of Si and Gun that are referred to in this Act may be in part delegated to another administrative authority or a person who is not an administrative authority in accordance with the provisions of the Presidential Decree or the Municipal Ordinance of the local government concerned.

(5) For application of the penal provisions referred to in the Criminal Act and other Acts, a person who, as non-administrative authority, performs the clerical works delegated to him under the provisions of paragraph (4) shall be considered a public official.

Article 99(Penal Provisions) #

A person who falls under one of the following subparagraphs shall be punished by imprisonment for no more than three years or by a fine of no more than thirty million won:

1. A person who commits an act of development without obtaining permission or after obtaining permission through an illegitimate method in violation of the provisions of Article 46 (1); and

2. A person who commits an act that falls under any subparagraph of Article 57 (2) within a street creation regulation zone without obtaining permission.

Article 100(Penal Provisions) #

A person who falls under one of the following subparagraphs shall be punished by imprisonment for no more than two years or by a fine of no more than twenty million won:

1. A person who installs urban infrastructure without a decision of urban planning in violation of the provisions of Article 36 (1) (including when they are applied mutatis mutandis under the provisions of Article 97 (1));

2. A person who fails to house in a common ditch the facilities that should be housed in a common ditch in violation of the provisions of Article 37 (1) (including when they are applied mutatis mutandis under the provisions of Article 97 (1)); and

3. A person who violates a restriction on construction within an area or district referred to in Article 53.

Article 101(Penal Provisions) #

A person who violates an action or order of measure referred to in Article 92 (including when they are applied mutatis mutandis under the provisions of Article 97 (1)), such as revocation of permission or authorization, etc., suspension of construction, reconstruction or removal of a structure, shall be punished by imprisonment for no more than one year or a fine of no more than ten million won.

Article 102(Penal Provisions) #

When the representative of a corporation or an agent, employee or other employed person of a corporation or an individual commits an offense referred to in Articles 99 through 101, in addition to punishing the offender, the said corporation or individual shall also be subject to the punishment by fine referred to in each applicable Article.

Article 103(Fine for Negligence) #

(1) A person who falls under one of the following subparagraphs shall be punished by a fine for negligence of no more than ten million won:

1. A person who occupies or uses a common ditch without obtaining permission referred to in Article 37 (3) (including when they are applied mutatis mutandis under the provisions of Article 97 (1));

2. A person who refuses or obstructs an act referred to in Article 89 (1) without any proper reason therefor (including when they are applied mutatis mutandis under the provisions of Article 97 (1));

3. A person who commits an act referred to in Article 89 (1) without obtaining permission or consent referred to in Article 89 (2) through (4) (including when they are applied mutatis mutandis under the provisions of Article 97 (1)); and

4. A person who refuses, obstructs, or evades the investigation referred to in Article 96 (1) (including when they are applied mutatis mutandis under the provisions of Article 97 (1)).

(2) A person who fails to report or submit materials as referred to in Article 96 (1) (including when they are applied mutatis mutandis under the provisions of Article 97 (1)) shall be punished by a fine for negligence of no more than five million won.

(3) The fine for negligence referred to in paragraphs (1) and (2) shall be assessed and collected by the Mayor/Do governor, or the head of a Si or Gun in accordance with the provisions of the Presidential Decree.

(4) A person who protests against the disposition by fine for negligence referred to in paragraph (3) may raise a formal objection to the holder of the authority to assess fine for negligence within thirty days after he receives the notice of such disposition.

(5) When a person who is subject to the disposition by a fine for negligence referred to in paragraph (3) raises a formal objection under the provisions of paragraph (4), the holder of the authority to assess fine for negligence shall without any delay notify the competent court of this fact, and the competent court so notified shall hold a trial of negligence fine as referred to in the Non-Contentious Case Litigation Procedure Act.

(6) When a fine for negligence is not paid without any formal objection being raised within the time period referred to in paragraph (4), it shall be collected in accordance with the examples of disposition on the local taxes in arrears.