Article 14(Restrictions on Act in Semi-Agricultural and Forest Area) #
(1) For the purpose of Article 15 (1) 4 of the Act, the term “such land using activity as prescribed by the Presidential Decree” shall mean the activity which comes under any of the following subparagraphs: <Amended by Presidential Decree No. 14789, Oct. 19, 1995; Presidential Decree No. 15480, Sep. 11, 1997; Presidential Decree No. 16179, Mar. 12, 1999; Presidential Decree No. 16706, Feb. 9, 2000; Presidential Decree No. 17028, Dec. 27, 2000>
1. Installation or construction of a facility, building or other structure, among the facilities classified as air pollutant emission facilities under the provisions of subparagraph 9 of Article 2 of the Clean Air Conservation Act, falling under class 1 through 3 workshops referred to in the attached Table 8 of the Enforcement Decree of the same Act, and a specified air pollutant emission facility, building or other structure under the provisions of subparagraph 8 of Article 2 of the Clean Air Conservation Act among class 4 and 5 workshops in the same Table: Provided, That reutilization facilities as stipulated in subparagraph 7 of Article 2 of the Act on the Promotion of Saving and Recycling of Resources, waste disposal facilities as stipulated in subparagraph 7 of Article 2 of the Wastes Control Act, and a disposal of extraction and laundry processing facilities as stipulated in Article 17 of the Medical Service Act, shall be excluded;
2. Installation or construction of a facility, building or other structure, among the facilities classified as wastewater discharge facilities under the provisions of subparagraph 5 of Article 2 of the Water Quality Conservation Act, falling under class 1 through 4 workshops referred to in the annexed Table 1 of the Enforcement Decree of the same Act, and a facility, building or other structure which falls under any of the following items among class 5 workshops in the same Table: Provided, That reutilization facilities as stipulated in subparagraph 7 of Article 2 of the Act on the Promotion of Saving and Recycling of Resources, waste disposal facilities as stipulated in subparagraph 7 of Article 2 of the Wastes Control Act, livestock product joint markets among the agro-fisheries products joint markets as stipulated in subparagraph 3 of Article 2 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, facilities recommended by the Minister of Agriculture and Forestry among the facilities which collectively manage butchery, process, storage, etc. of live stocks, and facilities for picking (including sorting, cleansing, crushing) aggregate as stipulated in Article 2 (1) 1 of the Aggregate Picking Act, shall be excluded:
(a) Facilities which discharge specified water harmful matter as stipulated in subparagraph 3 of Article 2 of the Water Quality Conservation Act: Provided, That the cases of printing and publishing facilities, photograph treatment facilities, medical and health facilities, and education and research facilities, which process all the specified water harmful matters discharged on commission, shall be excluded;
(b) Chemical products manufacturing facilities (including petroleum refinement facilities): Provided, That chemical products manufacturing facilities which do not use liquid materials such as water, solvent oil, etc. or product ingredients of which are non-melting and non-dissolvable solids shall be excluded;
(c) Facilities which generate waste petroleum solvents under the provisions of subparagraph 4 in the annexed Table 1 of Article 3 of the Enforcement Decree of the Wastes Control Act among the facilities which produce the first metallic or processed metallic products or manufacture machinery equipment;
(d) Facilities which store or process leather or fur using water or chemicals; and
(e) Shrinking, refining, bleaching and dyeing facilities among fabric manufacturing facilities;
3. The act of altering the form and state of land through excavation, soil-piling or ground-leveling, etc. in the area of not less than 30,000 square meters: Provided, That the act of creating farmland and grassland, managing forests, picking aggregates or rocks and mining shall be excluded;
3-2. The installation or construction of facilities, buildings or other structures in the site area of not less than 30,000 square meters (including the case where the development is partially made to the same end for several times or the inter-rocking development is made putting the site area above 30,000 square meters and the interrocking development of a building of a collective housing and factories is made putting the site area above 30,000 square meters): Provided, That the case falling under any of the following items shall be excluded:
(a) Where the expansion of any factory set up prior to December 31, 1993 fully meets requirements falling under each of the following sub-items (including any factory under the provision of subparagraphs 1 and 2 and excluding any factory discharging specific substances harmful to atmosphere under the provisions of subparagraph 8 of Article 2 of the Clean Air Conservation Act or specific substances harmful to the quality of water under the provisions of subparagraph 3 of Article 2 of the Water Quality Conservation Act):
(i) Any existing factory required to be expanded for the automation of facilities and the improvement of work process;
(ⅱ) Any existing factory required to be expanded within the limit of not more than 50 percent of the existing factory site area and of not more than 30,000 square meters in its total factory site area as of December 31, 1993 (the expansion of any existing factory, which results in enlarging the area of the factory and factory site in excess of 30,000 squares meters under the provisions of subparagraphs 1 and 2 and enlarging the area of the factory site in excess of 30,000 square meters shall be limited to only once);
(ⅲ) The quantity, increased by factory expansion, of discharging pollutants shall be kept below 50 percent of the discharging pollutant quantity prior to June 30, 1995; and
(ⅳ) Any expansion of a factory shall not be feared to impede agricultural production in nearby areas; and
(b) Where the head of Si/Gun/Gu installs or constructs facilities, buildings or other structures in areas for which plans have been drawn up for building an infrastructure such as the construction of roads, the installation of waterworks as well as sewerage systems and the setup of environment pollution prevention facilities under the conditions as prescribed by the Minister of Construction and Transportation;
3-3. The installation or construction of facilities, buildings, or other structures which exceed such floor-area ratio and building-coverage ratio as prescribed by the Municipal Ordinance of Si/Gun/Gu within the scope of 40 percent and 80 percent, respectively;
4. The installation of facilities falling under any of the following items (hereinafter referred to as “amusement and lodging facilities, etc.”): Provided, That any facilities which are recognized by the Municipal Ordinance of the Si/Gun/Gu as not being feared to pollute the quality of water and undermine the natural beauty and installed in an area prescribed by the Municipal Ordinance of the Si/Gun/Gu within the scope of areas in conformity with the Ordinance of the Ministry of Construction and Transportation shall be excluded:
(a) The class Ⅰ nearby living facilities (limited to any resting restaurant) as shown in the attached Table I of the Enforcement Decree of the Building Act;
(b) The class Ⅱ nearby living facilities (limited to any general restaurant, resting restaurant and Danran bar) as shown in the attached Table 1 of the Enforcement Decree of the Building Act;
(c) Amusement facilities as shown in the attached Table 1 of the Enforcement Decree of the Building Act (limited to the operation of Danran bar and other ordinary bar business); and
(d) Lodging facilities as shown in the attached Table 1 of the Enforcement Decree of the Building Act; and
5. The installation or construction of facilities, buildings and other structures falling under any of the following items in an area, prescribed by the Municipal Ordinance of the Si/Gun/ Gu, which is highly required to preserve its natural beauty and protect its sources of water supply:
(a) Facilities, buildings and other structures which exceed the floorarea ratio, the building-coverage ratio and the height limit of structures prescribed by the Municipal Ordinance of the Si/Gun/Ku. In this case, the building-coverage ratio and floor-area ratio shall not be more than 40 percent and 80 percent, respectively; and
(b) Facilities, buildings and other structures, prescribed by the Municipal Ordinance of the Si/Gun/ Gu, which are feared to pollute environment.
(2) Notwithstanding that an activity comes under each subparagraph of paragraph (1), the insignificant activities, which may be permitted within the scope of not offending the designation purpose of semi-agricultural and forest zones, such as the cases of road expansion, etc. within the existing road zone or its neighboring zone, may be prescribed by the Ordinance of the Ministry of Construction and Transportation. In this case, the Minister of Construction and Transportation shall consult with the head of the central government agency concerned in advance. <Amended by Presidential Decree No. 14447, Dec. 23, 1994>
[This Article Wholly Amended by Presidential Decree No. 14034, Dec. 28, 1993]