ACT ON SPECIAL MEASURES FOR DESIGNATION AND MANAGEMENT OF DEVELOPMENT RESTRICTION ZONES

Article 1(Purpose) #

The purpose of this Act is to prescribe matters necessary to designate development restriction zones under Article 38 of the National Land Planning and Utilization Act, to restrict activities performed in development restriction zones, to provide support to residents in development restriction zones, to purchase land, and to efficiently manage development restriction zones with the aim of preventing urban sprawl and ensuring a healthy living environment for citizens through conservation of the natural environment surrounding cities.

Article 2(Responsibilities of the State) #

(1) The State and local governments shall manage development restriction zones in good faith to ensure that the objectives of designating such development restriction zones are attained.

(2) People shall cooperate with the State and local governments in their duties to manage development restriction zones and shall endeavor not to damage development restriction zones.

Article 3(Designation of development restriction zones) #

(1) Where the Minister of Land, Infrastructure and Transport deems it necessary to restrict urban development in order to prevent urban sprawl and ensure a healthy living environment for citizens by conserving the natural environment of surrounding cities or where the Minister of National Defense requests for restrictions on urban development for national security, he or she may designate or cancel a development restriction zone according to an urban/Gun management plan. <Amended on Apr. 14, 2011; Mar. 23, 2013>

(2) Standards for designating or releasing development restriction zones shall be determined by Presidential Decree in consideration of social and economic conditions, including population, industries, traffic, and land use of any city subject to restriction on development, trends in urban sprawl, and natural environmental conditions, including topography.

Article 4(Formulation of urban/Gun management plans for designation of development restriction zones) #

(1) An urban/Gun management plan for the designation of development restriction zones and release therefrom (hereinafter referred to as "urban/Gun management plan") shall be formulated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who has jurisdiction over the relevant urban area (hereinafter referred to as "policy-making authority"); provided, where the urban/Gun management plan is related to the State plan, the Minister of Land, Infrastructure and Transport may directly formulate the urban/Gun management plan, or formulate the urban/Gun management plan at the request of the head of the relevant central administrative agency after hearing opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), or the head of a Si/Gun who has jurisdiction over the relevant urban area; and where the urban/Gun management plan is related to a metropolitan plan under subparagraph 1 of Article 2 of the National Land Planning and Utilization Act, the relevant Do Governor may directly formulate the urban/Gun management plan, or formulate the urban/Gun management plan at the request of the head of the relevant Si/Gun after hearing opinions of the head of a Si/Gun who has jurisdiction over the relevant urban area. <Amended on Feb. 6, 2009; Apr. 14, 2011; Mar. 23, 2013; May 28, 2013>

(2) An urban/Gun management plan shall be formulated in line with a metropolitan plan defined in subparagraph 1 of Article 2 of the National Land Planning and Utilization Act or an urban/Gun master plan defined in subparagraph 3 of the same Article. <Amended on Apr. 14, 2011>

(3) Article 25(2) through (4) of the National Land Planning and Utilization Act shall apply mutatis mutandis to the standards and methods for preparing documents and explanatory statements of an urban/Gun management plan regarding development restriction zones. <Amended on Apr. 14, 2011>

(4) Where a policy-making authority formulates an urban/Gun management plan for release from a development restriction zone pursuant to paragraph (1), he or she shall include in such plan a detailed utilization plan of an area intended for cancellation from the development restriction zone (hereinafter referred to as "area subject to release"), such as its development plan, and a management plan for neighboring development restriction zones, such as a plan for reinstating a damaged area within the development restriction zone which falls under any of the following subparagraphs (hereinafter referred to as "damaged area"). In such cases, the Minister of Land, Infrastructure and Transport shall determine the extent of a damaged area to be reinstated within the extent equivalent to 10 to 20 percent of the size of the area subject to release [excluding the size of those that are not used for the purpose of a development project but are maintained, such as sea, rivers, ditches, banks, and roads, which are prescribed by Presidential Decree] after consulting with the competent policy-making authority, subject to deliberation by the Central Urban Planning Committee established under Article 106 of the National Land Planning and Utilization Act: <Added on Feb. 6, 2009; Apr. 14, 2011; Mar. 23, 2013; Apr. 17, 2018; Jun. 10, 2022>

Article 4-2(Land owners' rearrangement projects for damaged area) #

(1) Any of the following persons may implement a rearrangement project for a damaged area in which animal or plant-related facilities are concentrated (hereinafter referred to as "rearrangement project"), as prescribed by Presidential Decree: <Amended on Aug. 20, 2019>

1. A land owner of the relevant damaged area excluding State-owned land and public-owned land;

2. An association established by land owners under subparagraph 1 for implementing a rearrangement project;

3. Local governments;

4. A public institution under the Act on the Management of Public Institutions;

5. A local public enterprise under the Local Public Enterprises Act.

(2) A person who implements a rearrangement project under paragraph (1) shall establish an urban park or green area prescribed in Article 2 of the Act on Urban Parks and Green Areas, with an area of at least 30/100 of the relevant rearrangement project zone; and then shall donate the urban park or green area to the park management agency under Article 20 of the same Act (hereinafter referred to as the "park management agency"); provided, where it is required to build roads as determined by an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act to implement the rearrangement project, the road areas may substitute the area that shall be established and donated as an urban park or green area within an extent not exceeding 5/100 of the area of the rearrangement project zone. <Amended on Aug. 20, 2019>

(3) Notwithstanding paragraph (2), where it is impracticable to establish an urban park or green area in a rearrangement project zone, a site for an urban park shall be donated in lieu of such urban park or green area, the value of which shall equal or exceed the amount equivalent to 30/70 (where road areas are included, this figure excludes the relevant ratio) of the total values (referring to the arithmetic mean of estimates from at least two appraisers) of land which is included in the rearrangement project zone as sites for urban parks in a development restriction zone as determined according to an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, plus the costs required to establish a park as prescribed by the Minister of Land, Infrastructure and Transport. <Added on Aug. 20, 2019>

(4) A person who intends to implement a rearrangement project under paragraph (1) shall submit an application therefor to the head of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereafter the same shall apply in this Article), with documents prescribed by Presidential Decree. <Added on Aug. 20, 2019>

Article 5(Special cases concerning re-designation of restriction-released zones) #

(1) Where the details of the urban/Gun management plan (referring to an urban/Gun management plan as defined in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act; hereafter the same shall apply in this Article) first determined after the relevant area is released from restrictions on development are incompatible with the purposes of such cancellation or the use of such area, the Minister of Land, Infrastructure and Transport may, by no later than three months after the urban/Gun management plan is determined and publicly notified, request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who has jurisdiction over such area to adjust the urban/Gun management plan within a reasonable period. In such cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall review and adjust the urban/Gun management plan again. <Amended on Apr. 14, 2011; Mar. 23, 2013; May 28, 2013>

(2) Upon receipt of a request for adjustment made under paragraph (1), where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun fails to adjust the urban/Gun management plan as requested by the Minister of Land, Infrastructure and Transport within the period prescribed under paragraph (1), the Minister of Land, Infrastructure and Transport may, upon his or her discretion, formulate an urban/Gun management plan for re-designating the area released from the restriction as a development restriction zone, notwithstanding Article 4(1). In such cases, Articles 6 and 7 shall not apply. <Amended on Apr. 14, 2011; Mar. 23, 2013; May 28, 2013>

(3) Where any area relelased from restrictions on development based on any ground prescribed by Presidential Decree, such as the adequate supply of urban sites and the establishment of infrastructures, falls under any of the following subparagraphs, it shall be deemed to revert to a development restriction zone on the following day: <Added on Dec. 29, 2015; Apr. 23, 2019>

1. Where the relevant development project did not commence until four years have lapsed from the date the urban/Gun management plan concerning the release from designation as development restriction zones is determined and publicly notified; provided, where an inevitable reason prescribed by Presidential Decree such as occurrence of a disaster has caused a delay in commencing the development project, the Minister of Land, Infrastructure and Transport may further defer the reversion within a period not exceeding one year from the date the relevant reason ceases to exist following deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act;

Article 6(Basic inspections) #

(1) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to formulate an urban/Gun management plan, he or she shall in advance inspect or survey the population, economy, society, culture, transportation, environment, land use and other necessary matters concerning the formulation of the urban/Gun management plan from among matters prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended on Apr. 14, 2011; May 28, 2013>

(2) For the formulation of policies concerning development restriction zones, efficient management of development restriction zones, etc., the Minister of Land, Infrastructure and Transport may inspect the actual condition of the ownership, use, etc. of buildings and land. <Added on May 28, 2013>

(3) If deemed necessary for the inspection of actual condition under paragraph (2), the Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies or the heads of local governments to submit data. In such case, the heads of relevant central administrative agencies or the heads of local governments who are so requested shall submit data unless there is a compelling reason not to do so. <Added on May 28, 2013>

(4) The Minister of Land, Infrastructure and Transport may entrust a public institution prescribed by Presidential Decree with the inspection of actual condition under paragraph (2). <Added on May 28, 2013>

(5) Articles 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to entry into other persons' land for inspection or survey under paragraphs (1) and (2), and to compensation for loss incurred thereby. <Amended on May 28, 2013>

[Title Amended on May 28, 2013]

Article 7(Hearing of opinions of residents and local councils) #

(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun shall hear opinions from residents before formulating an urban/Gun management plan under Article 4, and shall reflect such opinions in the draft urban/Gun management plan where such opinions are deemed well-grounded; provided, the same shall not apply to matters requiring confidentiality for national defense (limited to matters requested by the Minister of National Defense) and minor matters prescribed by Presidential Decree. <Amended on Apr. 14, 2011; Mar. 23, 2013; Jun. 9, 2020>

(2) Where the Minister of Land, Infrastructure and Transport or Do Governor intends to formulate an urban/Gun management plan pursuant to the proviso of Article 4(1), he or she shall forward a draft urban/Gun management plan to the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, specifying a deadline for hearing opinions from residents. <Amended on Apr. 14, 2011; Mar. 23, 2013; May 28, 2013>

(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, upon receipt of the draft urban/Gun management plan forwarded under paragraph (2), shall hear residents' opinions on the relevant draft urban management plan by the specified deadline, and shall submit the results to the Minister of Land, Infrastructure and Transport or Do Governor. <Amended on Apr. 14, 2011; Mar. 23, 2013; May 28, 2013>

(4) Matters necessary for hearing opinions from residents under paragraph (1) shall be determined by ordinances of the relevant local government according to the standards prescribed by Presidential Decree.

(5) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun shall hear opinions of the relevant local council on matters prescribed by Presidential Decree before formulating an urban/Gun management plan. <Amended on Apr. 14, 2011; Mar. 23, 2013>

(6) Paragraphs (2) and (3) shall apply mutatis mutandis to where the Minister of Land, Infrastructure and Transport or Do Governor hears opinions of a local council under paragraph (5). In such cases, "residents" shall be construed as "local council". <Amended on Mar. 23, 2013>

Article 8(Determination of urban/Gun management plans) #

(1) Urban/Gun management plans shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Apr. 14, 2011; Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall consult with the heads of relevant central administrative agencies in advance before he or she determines an urban/Gun management plan. In such cases, upon receipt of a request from the Minister of Land, Infrastructure and Transport for consultation, the heads of relevant central administrative agencies shall present their opinions within 30 days after receipt of such request. <Amended on Apr. 14, 2011; Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport shall determine an urban/Gun management plan after submitting such plan to the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act for deliberation. <Amended on Apr. 14, 2011; Mar. 23, 2013>

(4) Where the Minister of Land, Infrastructure and Transport deems that an urban/Gun management plan requires confidentiality for national defense (limited to matters requested by the Minister of National Defense), he or she may waive the procedures referred to in paragraphs (2) and (3) for all, or any part of such urban management plan. <Amended on Apr. 14, 2011; Mar. 23, 2013; Jun. 9, 2020>

(5) Paragraphs (2) through (4) shall apply mutatis mutandis to any modification of the urban/Gun management plan determined; provided, the same shall not apply to any modification of minor matters prescribed by Presidential Decree. <Amended on Apr. 14, 2011>

(6) Where the Minister of Land, Infrastructure and Transport determines an urban/Gun management plan, he or she shall publicly notify such plan, as prescribed by Presidential Decree, and make the relevant documents available for public inspection. In such cases, the Minister of Land, Infrastructure and Transport shall send the documents related to the determined urban/Gun management plan to the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun so that such documents are available for public inspection. <Amended on Apr. 14, 2011; Mar. 23, 2013; May 28, 2013>

(7) Determination of an urban/Gun management plan shall take effect on the date of public notification under paragraph (6). <Amended on Apr. 14, 2011; May 28, 2013>

[Title Amended on Apr. 14, 2011]

Article 9(Public notification of topographical drawings for urban/gun management plans) #

Where the Minister of Land, Infrastructure and Transport publicly notifies the determination of an urban/Gun management plan pursuant to Article 8(6), he or she shall prepare and publicly notify a drawing (hereinafter referred to as "topographical drawing") that shows details of the urban/Gun management plan on a topographical map on which cadastral information of land in the relevant urban area are indicated together with the determination, as prescribed by Presidential Decree. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to the preparation, public notification, etc. of topographical drawings.

[This Article Wholly Amended on May 28, 2013]

Article 10 #

Deleted. <May 28, 2013>

Article 11(Formulation of management plans for development restriction zones) #

(1) A Mayor/Do Governor having jurisdiction over a development restriction zone shall formulate a five-year management plan for development restriction zones (hereinafter referred to as "management plan") which includes the following matters and obtain approval thereof from the Minister of Land, Infrastructure and Transport to manage the relevant development restriction zones comprehensively: <Amended on Apr. 15, 2010; Apr. 14, 2011; Mar. 23, 2013; May 28, 2013; Jan. 28, 2014; Dec. 29, 2015>

1. Objectives of and basic direction-setting for the management of the relevant development restriction zone;

2. Current status of and fact-finding surveys on the relevant development restriction zone;

3. Utilization and conservation of land within the relevant development restriction zone;

4. Establishment of urban/Gun planning facilities as defined in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning facilities") within the relevant development restriction zone; provided, a management plan for urban/Gun planning facilities prescribed by the Minister of Land, Infrastructure and Transport which fall under Article 12(1)1a and b need not be formulated;

5. Construction of a building larger than that prescribed by Presidential Decree and alteration of the form and quality of land within a development restriction zone; provided, a case that falls under any of the following items shall be excluded:

a. Where a building under Article 12(1)1d, which is determined by the Minister of Land, Infrastructure and Transport, is constructed;

b. Where a building under Article 13 is extended on an existing site created before the development restriction zone is designated;

5-2. Deleted; <Aug. 20, 2019>

6. Designation and rearrangement of village districts under Article 15;

7. Resident support projects referred to in Article 16 (hereinafter referred to as "resident support projects");

8. Raising and operating financial resources required for managing the relevant development restriction zones and for performing resident support projects;

9. Other matters prescribed by Presidential Decree for rational management of the relevant development restriction zone.

Article 12(Restriction of acts within development restriction zones) #

(1) Constructing buildings and changing their uses, installing structures, changing the form and quality of land, felling bamboo and trees, dividing land, stockpiling articles, or performing urban/Gun planning projects as defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning project") shall be prohibited within development restriction zones; provided, any person who intends to do any of the following acts shall obtain permission therefor from the a Special Self-Governing City Mayor or a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/Gu"): <Amended on Feb. 6, 2009; Apr. 15, 2010; Apr. 14, 2011; Sep. 16, 2011; May 28, 2013; Jan. 28, 2014; Dec. 29, 2015; Aug. 20, 2019>

1. Constructing or installing any of the following buildings or structures which are prescribed by Presidential Decree, and changing the form and quality of land resulting from such construction or installation:

a. Facilities useful for the retention and maintenance of a development restriction zone, such as parks, green areas, outdoor sports facilities, or small-scale indoor sports facilities installed by the head of a Si/Gun/Gu for leisure activities of senior citizens;

b. Linear facilities passing through a development restriction zone, such as roads and railroad, and requisite accompanying facilities;

c. Facilities that must be located in a development restriction zone to ensure the achievement of their functions and purposes because it is impractical to have such facilities in an area, other than in a development restriction zone;

d. Facilities for national defense and military purposes and correctional installations;

e. Facilities for residence, life convenience, and livelihood of residents in development restriction zones and residents in areas released from restrictions on development due to the implementation of a public works project under Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects;

1-2. Acts of establishing in a rearrangement project zone any facility prescribed by Presidential Decree which is a facility necessary for a rearrangement project such as a urban park and a logistics warehouse, and changing the form and quality of land accompanying such acts;

2. Relocating buildings within a development restriction zone into a village district designated under Article 15;

Article 12-2(Restrictions on permission for certain acts by Mayors/Do Governors) #

(1) If deemed especially necessary for preserving and managing development restriction zones, a Mayor/Do Governor may restrict permission for certain acts referred to in the proviso of and the subparagraphs of Article 12(1) by the head of a Si/Gun/Gu.

(2) When restricting permission for certain acts pursuant to paragraph (1), a Mayor/Do Governor shall undergo deliberation by the City/Do Urban Planning Committee under Article 113(1) of the National Land Planning and Utilization Act after hearing the residents’ opinions pursuant to Article 7.

(3) The restriction period under paragraph (1) shall be within two years; provided, it may be extended up to one year on only one occasion.

(4) Where a Mayor/Do Governor restricts permission for certain acts pursuant to paragraph (1), he or she shall determine in detail the purpose, period and subject of the restriction, and the location, area, boundary, etc. of the zone subject to restriction on permission for certain acts and shall notify the head of the competent Si/Gun/Gu thereof, who, in turn, shall publicly announce them without delay.

(5) Where a Mayor/Do Governor restricts permission for certain acts pursuant to paragraph (1), he or she shall report such to the Minister of Land, Infrastructure and Transport, who may order the release from such restriction if the content thereof is deemed excessive.

[This Article Added on Aug. 9, 2017]

Article 13(Special cases concerning existing buildings) #

Where existing sites, buildings or structures in a development restriction zone become inconsistent with this Act due to the amendment or abrogation of statutes or regulations or other grounds specified in Presidential Decree, the head of a relevant Si/Gun/Gu may grant permission for construction of buildings or installation of structures and subsequent change in the form and quality of land within such development restriction zone, as prescribed by Presidential Decree. <Amended on Aug. 20, 2019>

Article 13-2(Notification of permission or reporting) #

Where the head of a Si/Gun/Gu (referring to the relevant permitting authority or a person to whom a report is filed, where consultation has been had, which is construed as permission or reporting under Article 12(1) or (3) or Article 13 as prescribed by other statutes or regulations) grants permission or receives a report pursuant to the proviso of Article 12(1) and (3), or pursuant to Article 13, he or she shall without delay inform the Minister of Land, Infrastructure and Transport of the details thereof. <Amended on Mar. 23, 2013; May 28, 2013>

[This Article Added on Feb. 6, 2009]

Article 13-3(Formation and operation of management computer networks for development restriction zones) #

(1) The Minister of Land, Infrastructure and Transport may build and operate a management computer network for development restriction zones (hereinafter referred to as "management computer network") in order to efficiently designate and manage development restriction zones and efficiently execute the projects referred to in Article 16. <Amended on Sep. 16, 2011; Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport may request the heads of local governments to submit data or provide information necessary for forming and operating the management computer network, and the heads of local governments in receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jun. 9, 2020>

(3) Where the head of a local government has submitted data or provided information pursuant to paragraph (2), he or she is deemed to have given notification under Articles 13-2 and 22(2), or to have submitted data or provided information under Article 30(5).

(4) The management computer network may utilize data or information in connection with the information systems referred to in Article 6-2 of the Social Welfare Services Act. <Added on Sep. 16, 2011; May 28, 2013>

(5) Matters necessary for the formation and operation of the management computer network shall be as prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Sep. 16, 2011; Mar. 23, 2013>

(6) A person who builds and operates a management computer network under paragraph (1) may entrust the operation of such network to an institution or organization prescribed by Presidential Decree. <Added on Aug. 20, 2019>

[This Article Added on Feb. 6, 2009]

Article 13-4(Assignment of public officials within development restriction zones) #

(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do governor, or the head of a Si/Gun/Gu shall assign state public officials, local public officials, and registered security guards under the jurisdiction of the relevant local government, who are in charge of the affairs concerning the management of development restriction zones and the prevention and control of illegal acts committed therein (hereinafter referred to as "managerial public officials, etc."), as prescribed by Presidential Decree.

(2) Where managerial public officials, etc. assigned pursuant to paragraph (1) discover any illegal act during patrols, etc. in their jurisdictional areas, they shall report such act without delay to the heads of the agencies to which they belong.

[This Article Added on Aug. 9, 2017]

Article 14(Legal fiction of authorization or permission) #

(1) Matters permitted under the proviso of Article 12(1) or Article 13 and consulted by the head of a competent Si/Gun/Gu with the heads of relevant administrative agencies under paragraph (2) shall be deemed to have been permitted, consulted, or reported as follows: <Amended on May 31, 2010; Dec. 27, 2022>

1. Permission for and reporting on the conversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and reporting on the temporary use of mountainous districts under Article 15-2 of the same Act, and permission for and reporting on felling standing timber, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act;

2. Permit for or reporting on activities to be performed under Article 7(4) of the Water Supply and Waterworks Installation Act;

3. Permission to occupy and use urban parks under Article 24(1) of the Act on Urban Parks and Green Areas and permission for activities to be performed within urban natural park areas under the proviso of Article 27(1) of the same Act;

4. Permission for occupation and use of rivers under Article 33 of the River Act and use permits for river water under Article 50 of the same Act.

(2) Where matters permitted by the head of a Si/Gun/Gu under the proviso of Article 12(1) or Article 13 or matters reported to the head of a Si/Gun/Gu under Article 12(3) include the matters referred to in paragraph (1), the head of the relevant Si/Gun/Gu shall in advance consult with the heads of relevant administrative agencies. <Amended on May 28, 2013>

(3) The head of a relevant administrative agency shall submit his or her opinions within 20 days after receiving a request for consultation under paragraph (2). <Added on Dec. 18, 2018>

(4) If the head of a relevant administrative agency fails to submit his or her opinions within the period specified in paragraph (3) (referring to the extended period where the answer period is extended under Article 20(2) of the Civil Petitions Treatment Act), the consultation shall be deemed to have been conducted. <Added on Dec. 18, 2018>

[Title Amended on Dec. 18, 2018]

Article 15(Special cases concerning village districts) #

(1) A Mayor/Do Governor may designate a village (including a settlement complex described in Article 12(1)3) that is a clustered human settlement, located in a development restriction zone as a village district under Article 37(1)8 of the National Land Planning and Utilization Act (hereinafter referred to as "village district").

(2) Matters concerning standards for designation and rearrangement of village districts, such as the number of houses required for constituting a village district, the number of houses per unit area and the basis for drawing boundaries of a village district, shall be determined by Presidential Decree.

(3) The usage, height, total floor area, and building-to-land ratio of any building constructed in a village district shall be determined separately by Presidential Decree, notwithstanding Article 12(9). <Amended on May 28, 2013; Dec. 18, 2018>

Article 16(Resident support projects) #

(1) Each Mayor/Do Governor and the head of a Si/Gun/Gu may perform the following projects in accordance with a management plan: <Amended on Feb. 6, 2009; Jan. 28, 2014; Jun. 10, 2022>

1. Any of the following support projects for the improvement in the quality of life of residents in a development restriction zone. In such cases, a Mayor/Do Governor and the head of a Si/Gun/Gu shall endeavor to preferentially perform the project specified in item a:

a. Support projects for the improvement in the living convenience and welfare of residents in a development restriction zone, subsidization of their living expenses, etc.;

b. Support projects for the creation, etc. of a green area, a landscape, or a forest path that is helpful for leisure activities of residents in a development restriction zone or for the preservation and management of such zone;

c. Other projects deemed necessary by the Minister of Land, Infrastructure and Transport for residents in a development restriction zone;

2. Projects for reinstating a damaged area for the preservation, management, etc. of a development restriction zone.

(2) The Minister of Land, Infrastructure and Transport may subsidize projects specified in the subparagraphs of paragraph (1) with the funds from the special account for balanced regional development established under the Special Act on Local Autonomy and Balanced Regional Development. In such cases, the Minister of Land, Infrastructure and Transport shall determine the criteria for subsidization, subsidy amount, etc. upon comprehensively considering the performance of the duties of issuing corrective orders under Article 30, imposing and collecting charges for compelling compliance under Article 30-2, and imposing and collecting administrative fines under Article 34, and the management status of development restriction zones, and other relevant matters. <Amended on Feb. 6, 2009; Apr. 22, 2009; Mar. 23, 2013; Jan. 7, 2014; Mar. 20, 2018; Jun. 9, 2023>

(3) The Minister of Land, Infrastructure and Transport may give priority to subsidizing the construction of any housing in a village district that is designated under Article 15(1) with the Housing and Urban Fund established under the Housing and Urban Fund Act. <Amended on Mar. 23, 2013; Jan. 6, 2015>

(4) Details of projects prescribed in paragraph (1) and necessary matters concerning performance of such projects shall be prescribed by Presidential Decree. <Amended on Feb. 6, 2009>

Article 16-2(Applications for subsidization of living expenses) #

(1) Any person prescribed by Presidential Decree among residents of development restriction zones may file an application for the subsidization of living expenses under Article 16(1)1.

(2) When filing an application under paragraph (1), the applicant and the family members in the same household shall submit a written consent to the provision of the following data or information:

1. The average balance of deposits in the data or information about details of financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other data or information specified by Presidential Decree (hereinafter referred to as "financial information");

2. The amount of debts in the credit information under subparagraph 1 of Article 2 of the Credit Information Use and Protection Act and other data or information specified by Presidential Decree (hereinafter referred to as "credit information);

3. Insurance premiums already paid after taking out insurance referred to in of the subparagraphs of Article 4(1) of the Insurance Business Act and other insurance-related data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").

(3) Matters necessary for the method and procedure for filing applications for subsidization under paragraph (1), method and procedure for giving consent under paragraph (2), and other matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

[This Article Added on Sep. 16, 2011]

Article 16-3(Provision of financial information) #

(1) Where the Minister of Land, Infrastructure and transport or the head of a Si/Gun/Gu subsidizes living expenses pursuant to Article 16(1)1 and (2), in order to evaluate the property of a person who applies for subsidization pursuant to Article 16-2 (hereinafter referred to as "applicant for subsidization) and his or her family members, he or she may request the heads of financial institutions, etc. (referring to financial companies, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies as defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") in electronic form that is converted from the written consents submitted under Article 16-2(2) by applicants for subsidization and their family members, notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(2) of the Credit Information Use and Protection Act. <Amended on Mar. 23, 2013>

(2) Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) and (3) of the Credit Information Use and Protection Act, the head of any financial institution, etc. in receipt of a request to provide financial information, etc. in accordance with paragraph (1) shall provide the financial information, etc. of the title holder.

(3) The head of a financial institution, etc. who has provided financial information, etc. pursuant to paragraph (2) shall notify the title holder of the fact that he or she has provided the financial information, etc.; provided, he or she may decide not to give such notice where the title holder has given consent to receiving such notices, notwithstanding Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(7) of the Credit Information Use and Protection Act. <Amended on Mar. 11, 2015>

(4) Every request for provision of financial information, etc. prescribed in paragraphs (1) and (2) and the provision thereof shall be made via the information and communications network defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, the same shall not apply where any unavoidable circumstances exist, such as the breakdown of the information and communications network.

(5) No one who has performed or currently performs affairs referred to in paragraphs (1) and (2) or who was or is delegated or entrusted with authority pursuant to Article 29 shall use the financial information, etc., he or she has acquired in the course of performing his or her duties for any purpose other than the purposes prescribed in this Act or provide or divulge such information to any third person or institution.

Article 16-4(Requests for submission of data) #

(1) The Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may request an applicant for subsidization or person for whom subsidization has been determined, to submit documents necessary for verifying his or her eligibility for subsidization or other data on income, property, etc., and when he or she deems that it is impracticable to obtain data necessary for verifying the eligibility for subsidization or that the data submitted has any false description, he or she may require affiliated public officials to make necessary inquiries to relevant persons, or to inspect documents, etc. by entering the place of residence or other necessary places upon obtaining the consent of the applicant for subsidization and the person for whom subsidization has been determined. <Amended on Mar. 23, 2013>

(2) If necessary for performing inspections or subsidization affairs under paragraph (1), the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may request the heads of relevant agencies to provide data on the family relationships, national taxes, local taxes, land, buildings or health insurance, national pension, etc. of an applicant for subsidization. In such cases, the head of an agency in receipt of the request to provide data shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013>

(3) Any person who enters, conducts an inspection, or makes inquires pursuant to paragraph (1) shall carry a document indicating his or her authority and present it to relevant persons.

(4) When an applicant for subsidization or a person for whom subsidization has been determined refuses to submit documents or data as referred to in paragraph (1), or refuses, interferes with or evades an inspection or inquires, the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may elect not to subsidize expenses under Article 16-2, or cancel or change the determination of subsidization. <Amended on Mar. 23, 2013>

(5) The scope and details of, and timing for entry, inspections or inquiries under paragraph (1), and other relevant matters shall be prescribed by Presidential Decree.

[This Article Added on Sep. 16, 2011]

Article 17(Applications for land purchase) #

(1) Where the designation of a development restriction zone substantially diminishes the usefulness of land located within the development restriction zone as it becomes impossible for him or her to use such land for the original purpose or to make profits therefrom (hereinafter referred to as "land to be purchased"), the owner of such land may submit an application for the purchase of land to the Minister of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013>

1. A person who has continued to own the relevant land since a development restriction zone was designated;

2. A person who has acquired the relevant land before it became practically impossible to use, or make profits from, such land and who has continued to own such land;

3. A person who has owned the relevant land since he or she inherited such land from the person falling under subparagraph 1 or 2.

(2) Where land, the purchase of which is applied for under paragraph (1) satisfies the standards prescribed in paragraph (3), the Minister of Land, Infrastructure and Transport shall purchase such land. <Amended on Mar. 23, 2013>

(3) Specific standards for determining land to be purchased shall be prescribed by Presidential Decree.

Article 18(Procedures for application for land purchase) #

(1) The Minister of Land, Infrastructure and Transport shall notify an applicant for land purchase as to whether such land is to be purchased and the estimated purchase price, etc., within two months after the receipt of the application for land purchase. <Amended on Mar. 23, 2013>

(2) Where the Minister of Land, Infrastructure and Transport has notified an applicant for land purchase that such land is to be purchased pursuant to paragraph (1), he or she shall formulate a purchase plan and purchase such land within a period set by Presidential Decree of up to five years after the date of notification. <Amended on Mar. 23, 2013>

(3) The price of the land to be purchased (hereinafter referred to as "purchase price") shall be the amount calculated by appraising the land, considering its location, shape, environment, status of use, etc., on the basis of its officially assessed land price under the Act on the Public Announcement of Real Estate Values. In such cases, the timing for, and method of, computing purchase prices, and other matters shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016>

(4) Land purchased under paragraphs (1) through (3) shall be attributed to the special account for balanced regional development established under the Special Act on Local Autonomy and Balanced Regional Development. <Amended on Apr. 22, 2009; Jan. 7, 2014; Mar. 20, 2018; Jun. 9, 2023>

(5) Procedures for land purchase and other matters necessary to purchase land under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 19(Bearing costs) #

(1) The Minister of Land, Infrastructure and Transport shall bear the burden of appraisal costs incurred in computing purchase prices. <Amended on Mar. 23, 2013>

(2) Notwithstanding paragraph (1), where an applicant for land purchase withdraws his or her application for land purchase without justifiable grounds, the Minister of Land, Infrastructure and Transport may impose all or any portion of the appraisal costs on the applicant, as prescribed by Presidential Decree; provided, the same shall not apply in any of the following cases: <Amended on Mar. 23, 2013>

1. Where the purchase price has fallen below the estimated purchase price at a rate exceeding that prescribed by Presidential Decree;

2. Where the reason for filing an application for land purchase under Article 17(1) has ceased to exist on the grounds prescribed by Presidential Decree, such as an amendment to or repeal of a statute or regulation or the elimination of pollution source.

(3) Where an applicant for land purchase fails to pay the costs imposed under the main clause, with the exception of the subparagraphs, of paragraph (2) such costs shall be collected in the same manner as delinquent national taxes are collected.

Article 20(Purchase of land through consultation) #

(1) The Minister of Land, Infrastructure and Transport may purchase land and any fixtures thereon (hereinafter referred to as "land, etc.") located within a development restriction zone through consultation with the owner of such land, etc. to the extent necessary to achieve the purpose of designating the development restriction zone. In such cases, Article 18(4) shall apply mutatis mutandis to the reversion of land, etc. purchased. <Amended on Mar. 23, 2013>

(2) Articles 67(1), 70, 71, 74, 75, 76, 77, and 78(5), (6), and (9) of the Act on the Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the timing of, standards for, and methods of computing the price of land, etc. in a development restriction zone to be purchased through consultation under paragraph (1).

Article 21(Charges for preservation of development restriction zones) #

(1) The Minister of Land, Infrastructure and Transport shall impose charges for preservation of development restriction zones (hereinafter referred to as "charges") on the following persons and shall collect said charges therefrom in order to secure financial resources necessary for preserving and maintaining development restriction zones: <Amended on Feb. 6, 2009; Mar. 23, 2013>

1. A development project entity of an area subject to release, who fails to propose a reinstatement plan, or decides not to implement reinstatement pursuant to Article 4(6);

2. A person who obtains permission under the proviso of Article 12(1) or Article 13 (referring to permission for changing the form and quality of land or a building permit, and including permission under the proviso of Article 12(1) or Article 13 deemed granted following consultation under other statutes or regulations).

(2) Where a person liable to pay charges (hereinafter referred to as "person liable to pay charges") is an association prescribed by Presidential Decree and such association falls under any of the following subparagraphs, the members of such association (referring to the members of an association, if dissolved, at the time of dissolution) shall pay charges:

1. Where the association is dissolved;

2. Where the property of the association is insufficient to pay charges, additional charges, etc. which are imposed on and collected from such association.

[Title Amended on Feb. 6, 2009]

Article 22(Notification of data for imposition of charges) #

(1) Where a person authorized to make a decision on a development plan for an area subject to release under Article 4(5) decides on the development plan, it shall without delay inform the Minister of Land, Infrastructure and Transport of the details thereof. <Amended on Mar. 23, 2013>

(2) Where the head of a Si/Gun/Gu (referring to the relevant permitting authority where permission is deemed granted under the proviso of Article 12(1) or Article 13 following consultation under other statutes or regulations) grants permission pursuant to the proviso of Article 12(1) or Article 13, he or she shall without delay inform the Minister of Land, Infrastructure and Transport of the details thereof. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Feb. 6, 2009]

Article 23 #

Deleted. <Feb. 6, 2009>

Article 24(Standards for computing charges) #

(1) Charges under Article 21(1)1 shall be computed by multiplying 20/100 of the average of the officially assessed individual land price per square meter of an area subject to release by the size of the relevant area. In such cases, excluded herefrom shall be the size of those that are not used for the purpose of a development project but are maintained, such as sea, rivers, ditches, banks, and roads, which are prescribed by Presidential Decree. <Amended on Aug. 6, 2013; Dec. 29, 2015; Jun. 10, 2022>

(2) Charges under Article 21(1)2 shall be the amount computed by the following formula: <Amended on May 28, 2013>

Charges = (Average of the officially assessed value of individual land located outside of a development restriction zone falling under the same land category as the land in question located in the development restriction zone in the same Special Self-Governing City, Special Self-Governing Province, Si/Gun/autonomous Gu - Officially assessed value of individual land subject to permission) × Two times the area of land granted with permission for change to the form and quality thereof and the floor area of a building granted with permission for construction × Rate of imposition by facility within the scope of 150/100, which is as specified in the Appendix.

(3) Officially assessed individual land prices referred to in paragraphs (1) and (2) shall be based on the officially assessed individual land prices publicly announced immediately before decision on the development plan for an area subject to release under Article 4(5) is made, and permission under the proviso of Article 12(1) or 13 is granted.

(4) Other matters necessary for the computation of charges shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Feb. 6, 2009]

Article 25(Imposition, collection, and payment of charges) #

(1) The Minister of Land, Infrastructure and Transport shall without delay impose charges after being notified of the details under Article 22, and shall without delay impose charges under Article 21(1)1 on any person who fails to implement reinstatement under Article 4(4). <Amended on Feb. 6, 2009; Mar. 23, 2013>

(2) The payment deadline for a charge shall be six months from the date on which it is imposed; provided, if any unavoidable cause is deemed to exist, the payment deadline may be extended by up to one year or a charge may be paid in installments, with the permission of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 22, 2016>

(3) Where the Minister of Land, Infrastructure and Transport allows extending payment deadline for charges or paying charges in installments pursuant to the proviso of paragraph (2), he or she shall additionally collect the amount equivalent to the interest rate prescribed by Presidential Decree for the portion of charges for which payment deadline is extended or payment is made in installments. <Added on May 28, 2013>

(4) A charge may be paid in cash or by credit card or direct payment card (hereinafter referred to as "credit card, etc.") via an agency for vicarious payment determined by Presidential Decree. Upon request by a person liable to pay charges, the Minister of Land, Infrastructure and Transport may allow the obligor to pay the charge with the land subject to the imposition or other land similar thereto. <Amended on Mar. 23, 2013; May 28, 2013; Mar. 22, 2016>

(5) In the case of paying a charge by credit card, etc., in accordance with the main clause of paragraph (4), the approval date by an agency for vicarious payment shall be deemed to be the payment date of the charge. <Added on Mar. 22, 2016>

(6) Where a person liable to pay charges fails to pay said charge by the payment deadline, the Minister of Land, Infrastructure and Transport shall send that person a reminder within 10 days after the payment deadline lapses. In such cases, the payment deadline for the charge shall be 15 days from the date on which such reminder is issued. <Amended on Mar. 23, 2013; May 28, 2013; Mar. 22, 2016>

(7) Where a person liable to pay charges fails to pay said charge by the payment deadline pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport may impose an additional charge equivalent to 3/100 of the charge. <Amended on Mar. 23, 2013; May 28, 2013; Mar. 22, 2016>

(8) Where a person liable to pay charges fails to pay a charge and an additional due by the designated deadline after receiving a reminder, the Minister of Land, Infrastructure and Transport may either revoke the relevant decision or permission or may collect such charge and additional charge in the same manner as delinquent national taxes are collected. <Amended on Feb. 6, 2009; Mar. 23, 2013; May 28, 2013; Mar. 22, 2016>

Article 26(Attribution and purposes of use of charges) #

(1) The charges collected shall be attributed to the special account for balanced regional development established under the Special Act on Local Autonomy and Balanced Regional Development. <Amended on Apr. 22, 2009; Jan. 7, 2014; Mar. 20, 2018; Jun. 9, 2023>

(2) The charges collected shall be used to pay the following expenses: <Amended on Feb. 6, 2009; May 28, 2013>

1. Resident support projects under Article 16(1);

2. Purchase of land, etc. under Articles 17 and 20;

3. Reinstatement of a damaged area, projects for creating a park, afforestation, creating leisure and sports spaces, etc. in development restriction zones;

4. Surveys and research on the designation of development restriction zones and release therefrom;

5. Prevention and control of illegal acts in development restriction zones;

6. Inspection of actual condition of development restriction zones.

Article 27(Raising objections) #

(1) Any of the following persons may raise an objection with the Central Land Tribunal established under the Act on Acquisition of and Compensation for Land for Public Works Projects therefor:

1. Any person who is dissatisfied with a decision as to whether his or her land is to be purchased or the purchase price of land which he or she has been notified under Article 18;

2. Any person who is dissatisfied with the imposition and collection of charges under Article 21.

(2) Any objection raised under paragraph (1) shall be decided by deliberation and resolution by the Central Land Tribunal, notwithstanding Article 6 of the Administrative Appeals Act. <Amended on Feb. 6, 2009; Jan. 25, 2010>

Article 28(Reversion of public facilities) #

Article 65 of the National Land Planning and Utilization Act shall apply to the reversion of public facilities falling under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act, which are installed with permission granted under the proviso of Article 12(1).

Article 29(Delegation and entrustment of authority) #

(1) The Minister of Land, Infrastructure and Transport may delegate part of his or her authority vested under this Act to a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an affiliated agency as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; May 28, 2013; Aug. 16, 2023>

(2) When entrusting the head of a Si/Gun/Gu with the imposition and collection of charges and additional charges prescribed in Articles 21 and 25 under paragraph (1), the Minister of Land, Infrastructure and Transport shall pay the relevant local government entrustment fees as prescribed by Presidential Decree. <Added on Aug. 20, 2019>

(3) Where a Mayor/Do Governor or the head of a Si/Gun/Gu performs business affairs prescribed by Presidential Decree from among business affairs, the authority over which is delegated in accordance with paragraph (1), he or she shall in advance consult with the Minister of Land, Infrastructure and Transport about the necessity for deliberation, etc., by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act. In such cases, the Mayor/Do Governor or head of a Si/Gun/Gu shall comply with the opinion resulting from such consultation with the Minister of Land, Infrastructure and Transport unless special circumstances exist. <Added on Dec. 29, 2015; Aug. 20, 2019>

(4) The business affairs of the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may partially be entrusted to the Minister of Health and Welfare, as prescribed by Presidential Decree. <Added on Sep. 16, 2011; Mar. 23, 2013; Dec. 29, 2015; Aug. 20, 2019>

(5) The Minister of Land, Infrastructure and Transport may entrust business affairs concerning the purchase of land, etc., under Articles 17 through 20 to an institution or organization conducting business affairs concerning the acquisition, management, etc., of land, etc., as prescribed by Presidential Decree. <Amended on Sep. 16, 2011; Mar. 23, 2013; Dec. 29, 2015; Aug. 20, 2019>

[Title Amended on Sep. 16, 2011]

Article 30(Administrative dispositions taken against violators of statutes or regulations) #

(1) Where the head of a Si/Gun/Gu uncovers any of the following acts, he or she may revoke permission therefor and order the relevant violator (including an owner, manager or occupant of a building, structure, and land used for a violation; hereinafter referred to as "violator, etc.") to suspend works, to remove, close, remodel or relocate the relevant building, structure, etc. within a specified period, or to take any other necessary measures (hereinafter referred to as "corrective order"): <Amended on Feb. 6, 2009; Apr. 14, 2011; May 28, 2013>

1. Where he or she has constructed a building, altered the uses of a building, installed a structure, changed the form and quality of land, divided land, stockpiled articles, felled bamboo and trees or performed an urban/Gun planning project without obtaining permission under the proviso of Article 12(1) or Article 13 or in violation of any terms and conditions of permission granted;

2. Where he or she has obtained permission under the proviso of Article 12(1) or Article 13 by fraud or other improper means;

3. Where he or she has constructed a building, altered the uses of a building, installed a structure, altered the form and quality of land, felled bamboo and trees, divided land, stockpiled articles or performed an urban/Gun planning project without filing a report under Article 12(3), or in violation of the details of the report.

(2) Where the head of a Si/Gun/Gu neglects to perform his or her duties concerning a corrective order, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may order the head of a Si/Gun/Gu to perform the duties more strictly within a specified period. In such cases, where the Minister's order is not complied with, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may directly issue a corrective order, and the Minister of Land, Infrastructure and Transport may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Administrator of a Regional Construction and Management Administration having jurisdiction over the relevant area to implement such order. <Added on Feb. 6, 2009; Mar. 23, 2013; May 28, 2013; Aug. 9, 2017>

(3) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor (limited to where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor directly issues a corrective order or where the Minister of Land, Infrastructure and Transport requests the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the administrator of a Regional Construction and Management Administration having jurisdiction over the relevant area to implement such order; hereafter the same shall apply in paragraphs (4) through (6)) may request the head of the competent Si/Gun/Gu to revoke permission granted to a violator, etc. with an intention to make profits or to a habitual violator, etc. among violators, etc. under paragraph (1). <Added on Feb. 6, 2009; Mar. 23, 2013; May 28, 2013; Aug. 9, 2017>

Article 30-2(Charges for compelling compliance) #

(1) The head of a Si/Gun/Gu shall impose charges for compelling compliance on a person who fails to comply with a corrective order under Article 30(1) in an amount not exceeding that prescribed below within the correction period after having been issued the corrective order: <Amended on Dec. 31, 2014; Jan. 19, 2016>

1. Where the violation of permission or violation of duty to report is for the construction of a building or alteration of the purpose of use: An amount calculated by multiplying the amount prescribed by Presidential Decree within 50 percent of the standard market price of the building under the Local Tax Act applicable to the building by the total floor area of the building used in the violation;

2. In case of a violation other than those under subparagraph 1: An amount calculated by multiplying the amount prescribed by Presidential Decree within 50 percent of the officially assessed individual land price under the Act on the Public Announcement of Real Estate Values applicable to the land by the area of the land used in the relevant violation.

(2) The head of a Si/Gun/Gu shall give a prior written warning, to the effect that charges for compelling compliance should be imposed and collected where a corrective order is not complied with within a reasonable period before imposing the charges for compelling compliance under paragraph (1).

(3) The head of a Si/Gun/Gu shall impose charges for compelling compliance pursuant to paragraph (1) in writing stating the amount of the charges for compelling compliance, the grounds for imposition, the payment deadline, the receiving agencies, the methods of filing objections, etc.

(4) The head of a Si/Gun/Gu may repeatedly impose and collect charges for compelling compliance under paragraph (1) on up to two occasions a year reckoning from the date on which the first corrective order is issued until the corrective order is complied with.

(5) Where a person subject to a corrective order under Article 30(1) complies with such order, the head of a Si/Gun/Gu shall stop imposing new charges for compelling compliance and instead collect the charges for compelling compliance already imposed.

(6) If the charges for compelling compliance imposed under paragraph (3) is not paid by the due date, the competent administrative authority shall collect them in the same manner as delinquent national taxes, or as prescribed in the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020; Jun. 9, 2020>

Article 30-3(Special cases concerning deferment of collection of charges for compelling compliance) #

(1) Where a person who committed a violation in relation to the alteration of purpose of use of a building under Article 30(1) before December 31, 2014 satisfies all of the following requirements, the head of a Si/Gun/Gu may defer the collection of charges for compelling compliance until December 31, 2020, notwithstanding Article 30-2: <Amended on Dec. 30, 2017>

1. That the purpose of use of any of the following facilities, which are animal and plant-related facilities, is altered, in violation of permission:

a. A livestock shed, bean sprout growing shed, mushroom growing shed, or greenhouse;

b. Other facilities prescribed by Presidential Decree;

2. That a written consent stating that he or she will, within a grace period, comply with the corrective order under Article 30(1), which constitutes the cause of imposition of charges for compelling compliance, shall be submitted within six months, unless there is any unavoidable cause.

(2) Where any of the following is applicable to a violator who is granted deferment of collection of charges for compelling compliance, the head of a Si/Gun/Gu shall collect the charges for compelling compliance even within the grace period:

1. Where he or she fails to implement the written consent under paragraph (1)2 in which he or she promised to comply with the corrective order within the grace period;

2. Where he or she violates this Act again within the grace period.

[This Article Added on Dec. 31, 2014]

Article 30-4(Legal fiction as public official for applying penalty provisions) #

Executive officers and employees of an institution or organization engaging in the business affairs entrusted pursuant to Article 29(5) shall be deemed to be public officials in applying Articles 129 through 132 of the Criminal Act. <Amended on Aug. 20, 2019>

[This Article Added on Aug. 9, 2017]

Article 31(Penalty provisions) #

(1) Any person who uses financial information, etc. for any purpose other than the purposes prescribed by this Act or provides or divulges such information to any third person or institution in violation of Article 16-3(5) shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 30 million won.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended on Apr. 14, 2011>

1. Any person who constructs a building, changes the use of a building, installs a structure, changes the form and quality of land, fells bamboo and trees, divides land, stockpiles articles or performs an urban/Gun planning project without obtaining permission, or in violation of any terms and conditions of permission granted under the proviso of Article 12(1) or Article 13 to make profits or habitually;

2. Any person who habitually fails to comply with a corrective order issued under Article 30(1);

3. Any person who obtains permission under the proviso of Article 12(1) or Article 13 by fraud or other improper means.

[This Article Wholly Amended on Sep. 16, 2011]

Article 32(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Apr. 14, 2011>

1. Any person who constructs a building, changes the use of a building, installs a structure, changes the form and quality of land, fells bamboo and trees, divides land, stockpiles articles or performs an urban/Gun planning project without obtaining permission, or in violation of any terms or conditions of permission granted under the proviso of Article 12(1) or Article 13;

2. Any person who fails to comply with a corrective order issued under Article 30(1).

[This Article Wholly Amended on Feb. 6, 2009]

Article 33(Joint penalty provisions) #

Where the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 31 or 32 in conducting the business affairs of the corporation or individual, not only shall such violator, but also the corporation or individual shall be punished by a fine prescribed in the relevant Article; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.

[This Article Wholly Amended on Feb. 6, 2009]

Article 34(Administrative fines) #

(1) Any person who commits a minor act prescribed by Presidential Decree without filing a report, in violation of Article 12(3), shall be subject to an administrative fine not exceeding five million won. <Amended on May 28, 2013>

(2) The head of a Si/Gun/Gu shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree.

(3) Article 30(2) shall apply mutatis mutandis to the imposition of administrative fines. In such cases, "corrective order" shall be construed as "imposition and collection of charges for compelling compliance". <Added on May 28, 2013>

(4) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor imposes and collects administrative fines pursuant to paragraph (3), he or she shall inform the head of the competent Si/Gun/Gu thereof. <Amended on Feb. 6, 2009; Mar. 23, 2013; May 28, 2013; Aug. 9, 2017>

(5) Deleted. <Feb. 6, 2009>