ENFORCEMENT DECREE OF THE URBAN PLANNING ACT

Article 1(Purpose) #

The propose of this Decree is to provide matters delegated by the Urban Planning Act and other matters necessary to implement the delegated matters.

Article 2(Urban Infrastructures) #

(1) The term “facilities as prescribed by the Presidential Decree” in subparagraph 6 of Article 3 of the Urban Planning Act (hereinafter referred to as the “Act”) means the facilities (including incidental facilities and convenience facilities necessary for the display of functions and utilization of the facilities concerned) falling under each of the following subparagraphs:

1. Traffic facilities: roads, railways, harbors, parking lots, automobile depots, tracks, cableways, inspection facilities for automobiles and construction machinery, and driving-teaching institutes for automobiles and construction machinery;

2. Urban space facilities: squares or plazas, parks, green areas, amusement parks, observation towers and public lands;

3. Distribution and supply facilities: distribution business facilities, water and electricity supply facilities and equipment, gas supply facilities, broadcasting and communications facilities, utility tunnels, markets, oil-storage and oil-supply facilities and heat supply facilities;

4. Public cultural facilities: schools, playgrounds, public buildings, cultural facilities, libraries, research facilities, social welfare facilities, public vocational training facilities and juvenile training facilities;

5. Disaster-prevention facilities: rivers, detention ponds, reservoirs, fire prevention facilities, windbreak facilities, waterproof facilities, erosion-control facilities and tide-control facilities; and

6. Health and sanitary facilities: sewages, crematoriums, cemeteries, waste treatment facilities, slaughterhouses, funeral parlors, facilities for the prevention of water quality from being contaminated, general medical facilities and car-disposal places.

(2) Roads, railways, automobile depots, squares or plazas, parks and green areas from among the urban infrastructures referred to in paragraph (2) may be subdivided into what falls under each of the following subparagraphs:

1. Roads:

(a) General roads;

(b) Roads for exclusive use by automobiles;

(c) Roads for exclusive use by pedestrians;

(d) Roads for exclusive use by bicycles;

(e) Elevated highways; and

(f) Underground roads;

2. Railways:

(a) General railways;

(b) Urban railways; and

(c) High-speed railways;

3. Automobile depots:

(a) Passenger automobile terminals;

(b) Cargo terminals; and

(c) Public garages;

4. Squares:

(a) Traffic squares;

(b) Beauty squares;

(c) Underground squares; and

(d) Squares attached to building structures;

5. Parks: and

(a) Children parks;

(b) Neighborhood parks;

(c) Urban nature parks;

(d) Grave parks; and

(e) Sports parks;

6. Green areas:

(a) Buffer green areas; and

(b) Scenic green areas.

(3) The specific scope of the urban infrastructures referred to in paragraphs (1) and (2) shall be determined by the ordinance of the Minister of Construction and Transportation.

Article 3(Wide-Area Facilities) #

The term “facilities prescribed by the Presidential Decree” referred to in subparagraph 8 of Article 3 of the Act means the facilities falling under each of the following subparagraphs:

1. Facilities covering the jurisdictional areas of not less than two Special Metropolitan City, the Metropolitan City and Si or Gun (excluding any Gun under the jurisdictional area of the Metropolitan City; hereafter the same shall apply): roads, railways, canals, squares or plazas, green areas, water, electricity supply facilities, gas supply facilities and equipment, broadcasting and communications facilities, utility tunnels, facilities for oil storage and supply, heat supply facilities, rivers and sewages (excluding sewage terminal treatment facilities); and

2. Facilities utilized jointly by not less than two Special Metropolitan City, the Metropolitan City and Si or Kun: harbors, airports, automobile depots, parks, amusement parks, distribution business facilities, playgrounds, detention ponds, sewages (limited to sewage terminal treatment facilities), crematoriums, cemeteries, waste treatment facilities, slaughterhouses, facilities for the prevention of water quality from being contaminated and car disposal places.

Article 4(Public Facilities) #

The term “other public facilities prescribed by the Presidential Decree” in subparagraph 15 of Article 3 of the Act means the facilities falling under each of the following subparagraphs:

1. Railways;

2. Harbors;

3. Airports;

4. Parking lots (limited to the parking lots installed by administrative agencies);

5. Canals;

6. Squares or plazas;

7. Green areas;

8. Public vacant lands;

9. Water;

10. Utility tunnels;

11. Playgrounds (limited to the playgrounds installed by administrative agencies);

12. Rivers;

13. Detention ponds;

14. Reservoirs (limited to the reservoirs constructed by administrative agencies);

15. Fire-prevention facilities and equipment;

16. Windbreak facilities and equipment;

17. Waterproof facilities;

18. Erosion control facilities and equipment;

19. Tide-control facilities and equipment;

20. Sewages;

21. Crematoriums (limited to the crematoriums constructed by administrative agencies); and

22. Cemeteries (limited to the cemeteries constructed by administrative agencies).

Article 5(Overall Measures for Urban Development) #

(1) The Minister of Construction and Transportation may, when he intends to work out overall measures for urban development in accordance with Article 4 (1) of the Act, ask heads of administrative agencies concerned for data necessary to work out such measures.

(2) The term “other matters prescribed by the Presidential Decree” in Article 4 (2) 6 of the Act means the matters falling under each of the following subparagraphs:

1. Matters relating to the assessment of urban problems;

2. Matters relating to the evaluation of the established urban policies;

3. Matters relating to model cities (hereinafter referred to as the “model cities”) under Article 5 (1) of the Act; and

4. Other matters relating to policy measures for urban development.

Article 6(Designation of Model Cities) #

(1) The term “other areas prescribed by the Presidential Decree” in Article 5 (1) of the Act means areas such as education, safety, traffic and scene.

(2) Any model city shall be fit for the standards falling under each of the following subparagraphs:

1. The designation of any model city shall contribute to the balanced development of regions;

2. The designation of any model city shall have a highly approving response from residents;

3. Any project necessary to attain the objective of designating a model city (hereinafter referred to as “model city project”) shall be participated in by residents;

4. A plan to secure financial resources for any model city project shall be appropriate and implementable; and

5. Any model city project shall be in harmony with any overall measures for urban development.

(3) The Minister of Construction and Transportation may set detailed standards for designating any model city by field.

(4) The head of any central administrative agency concerned, the Special Metropolitan City Mayor, the Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”) shall, when he intends to file an application for designating a model city with the Minister of Construction and Transportation in accordance with Article 5 (1) of the Act, seek opinions of the head of local government concerned after listening to the opinions of residents through questionnaires and public perusals, etc.

(5) The Mayor/Do governor shall, when he intends to file an application for designating a model city with the Minister of Construction and Transportation in accordance with Article 5 (1) of the Act, go through advices of the Urban Planning Committee (hereinafter referred to as the City/Do Urban Planning Committee”) established by the Special Metropolitan City, the Metropolitan City or Do (hereinafter referred to as the “City/ Do”).

(6) The head of any central administrative agency concerned or the Mayor/Do shall, when he intends to file an application for designating a model city in accordance with Article 5 (1) of the Act, furnish the document falling under each of the following subparagraphs to the Minister of Construction and Transportation:

1. A document explaining the conformity of the proposed model city with the designation standards as prescribed in paragraphs (2) and (3);

2. A document giving details of budget and manpower, etc. which the head of the central administrative agency concerned or the Mayor/ Do governor, who is filing such application, can directly provide;

3. A document detailing the outcome of the resident opinions and the opinion of the local government concerned as prescribed in paragraph (4); and

4. A document showing the outcome of advices given by the City/Do Urban Planning Committee as prescribed in paragraph (5).

(7) The Minister of Construction and Transportation shall, when he intends to designate a model city, shall go through the deliberation by the Central Urban Planning Committee established pursuant to Article 77 of the Act (hereinafter referred to as the “Central Urban Planning Committee”) after consulting with the heads of central administrative agencies concerned.

(8) The Minister of Construction and Transportation shall, when he designates any model city, publish the objective of designation, the designated area and the designated city, etc. in the Official Gazette and file a notice thereof with each of the heads of administrative agencies concerned.

Article 7(Public Invitation for Model City) #

(1) In designating any model city in accordance with Article 5 (1) of the Act, the Minister of Construction and Transportation may, if necessary, publically invite an application for designating a model city.

(2) The person who is eligible for the public invitation referred to in paragraph (1) shall be the Special Metropolitan City Mayor, the Metropolitan City Mayor and the head of Si/Gun (including the head of any Gun under the jurisdictional area of the Metropolitan City) or the head of Gu (referring to the head of Gu of the autonomous district; hereinafter the same shall apply).

(3) The Minister of Construction and Transportation may, when it is deemed necessary to perform smoothly the business with respect to the public invitation and evaluation of model city, seek advices from specialized institutions or entrust survey and research to such specialized institutions.

Article 8(Formulation and Implementation of Plan for Model City Project) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor and the head of Si/Gun (including the head of Gun in the jurisdictional area of the Metropolitan City; hereafter the same in this Article shall apply) or the head of Gu shall draw up and implement a plan for the model city project ((hereinafter referred to as the “plan for the model city project”) according to the classification falling under each of the following subparagraphs:

1. In case that any model city is confined to the jurisdictional area of Si/Gun (including Gun in the jurisdictional area of the Metropolitan City; hereafter the same in this Article shall apply) or Gu, the head of Si/Gun/Gu shall draw up and implement the plan for the model city project; and

2. In other case, the Special Metropolitan City Mayor or the Metropolitan City Mayor shall draw up and implement the plan for the model city project.

(2) The plan for the model city project shall include the matters falling under each of the following subparagraphs:

1. Matters relating to the goal and strategy of the plan for the model city project and a system under which the plan for the model city project is implemented;

2. Matters relating to the adjustment and update of related plans, such as the urban planning, etc., necessary for implementing the model city project;

3. Matters relating to urban planning projects necessary for implementing the model city project;

4. Matters relating to the securing of financial resources necessary for implementing the model city project; and

5. Other matters necessary for smoothly implementing the model city project.

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of Si/Gun/Gu shall, when he intends to draw up a plan for the model city project, seek the opinions of residents through questionnaires and public perusals.

(4) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of Si/Gun/Gu shall, when he intends to draw up a plan for the model city project, consult with the Minister of Construction and Transportation (in the case of any model city designated at the request of the head of a central administrative agency concerned or the Mayor/Do governor, referring to any institution which has requested such designation).

(5) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of Si/Gun/Gu shall, when he draws up a plan for the model city project in accordance with paragraph (1), publish principal contents of such plan in the public bulletin of the local government concerned and then furnish a copy of the publication to the Minister of Construction and Transportation.

(6) The provisions of paragraphs (3) through (5) shall apply mutatis mutandis to altering the plan for the model city project.

Article 9(Standards for Supporting Model City) #

(1) The amount of subsidies or loans for the model city under Article 5 (2) of the Act shall be extended within limits falling under each of the following subparagraphs:

1. Not more than 80 percent of expenses required for drawing up the plan for the model city project; and

2. Not more than 50 percent of costs (excluding any compensation) required for implementing the model city project.

(2) The head of a central administrative agency concerned or the Mayor/Do governor shall, when he provides any model city with budget and manpower, etc. under Article 5 (2) of the Act, shall notify the Minister of Construction and Transportation of details of the assistance.

Article 10(Assessment and Adjustment of Model City Project) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si/Gun (including the head of Gun in the jurisdictional area of the Metropolitan City) or the head of Gu shall furnish the progress of the plan for the model city project of the corresponding year to the Minister of Construction and Transportation, the head of a central administrative agency, who has requested the designation of the model city concerned or the Mayor/Do governor by the end of each year.

(2) The Minister of Construction and Transportation, the head of a central administrative agency concerned or the Mayor/Do governor may, when it is deemed necessary to implement smoothly the plan for the model city project as a result of analyzing the progress of the model city project furnished under paragraph (1), may take measures to request adjusting the plan for the model city project, scale back or expand the assistance or cancel the designation of the model city, etc.

Article 11(Basic Urban Planning) #

The term “city prescribed by the Presidential Decree” in the proviso of Article 6 (1) of the Act means the city located in areas other than Kyongki Province, which has the population of not more than 100,000.

Article 12(Contents of Basic Urban Planning) #

The term “matters prescribed by the Presidential Decree” in Article 7 (1) 6 of the Act means the matters falling under each of the following subparagaphs:

1. Matters relating to the basic direction of redevelopment projects and reconstruction projects;

2. Matters relating to the development and facilitation of urban economy, industry, society and culture;

3. Matters relating to the upgrades of urban traffic and physical distribution systems and the development of urban information and communications;

4. Matters relating to the management of urban scenes and beautiful views;

5. Matters relating to the prevention of urban disasters and urban safety;

6. Matters relating to the upgrades and preservation of urban residential environment and the increase of urban pleasantness; and

7. Matters relating to the securing of financial resources necessary for expanding urban finances and implementing the basic urban planning.

Article 13(Basic Survey for Basic Urban Planning) #

(1) The term “other matters prescribed by the Presidential Decree” in Article 8 (1) of the Act means the matters falling under each of the following subparagraphs:

1. Natural conditions such as weather, topography, resources , and ecology, etc.;

2. The current state and prospect of urban infrastructures and residential levels;

3. The occurrences and trends of damages caused by storms, floods and earthquakes including other disasters;

4. Contents of other plans and projects related to the basic urban planning; and

5. Other Matters necessary for formulating the basic urban planning.

(2) In conducting the basic survey under Article 8 (1) of the Act, if the data compiled based on previously conducted surveys and measurements exist, such data may be utilized.

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun (excluding the head of Gun in the jurisdictional area of the Metropolitan City; hereinafter the same shall apply) shall, if he intends to alter the basic urban planning, survey and measure matters necessary for altering the basic urban planning from among matters subject to the basic survey under Article 8 (1) of the Act.

(4) The term “other matters prescribed by the Presidential Decree” in Article 8 (2) means the matters of each subparagraph of paragraph (1).

Article 14(Hearing for Formulation of Basic Urban Planning) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he intends to hold a hearing in accordance with Article 9 (1) of the Act, publish the matters falling under each of the following subparagraphs in dailies which are circulated mainly in the areas of the Special Metropolitan City, the Metropolitan City, Si or Gun not less than once prior to 14 days on which such hearing is held:

1. The objective of holding the hearing;

2. Time when and place where the hearing is held;

3. The Outline of the basic urban planning he intends to formulate; and

4. Other necessary matters.

(2) The hearing as prescribed in Article 9 (1) of the Act shall be held in each of the jurisdictional area. Such hearing, if necessary, may be held in a subdivided jurisdictional area.

(3) The hearing as prescribed in Article 9 (1) of the Act shall be presided over by a person designated by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun.

(4) Matters necessary for holding the hearing other than the matters referred to in paragraphs (1) through (3) shall be determined by the ordinance governing the urban planning (hereinafter referred to as the “urban planning ordinance”) of the Special Metropolitan City, the Metropolitan City. Si or Gun concerned.

Article 15(Approval of Basic Urban Planning) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he intends to get approval of the basic urban planning in accordance with Article 10 (1) of the Act, furnish a draft basic urban planning, accompanied by the documents falling under each of the following subparagraphs, to the Minister of Construction and Transportation:

1. A document describing the outcome of the basic survey;

2. A document explaining the outcome of the hearing;

3. A document outlining the results of opinions expressed by the council members of the local government concerned under Article 9 (2) of the Act;

4. A document explaining the results of advices in the event that the basis urban planning went through advices of the Urban Planning Committee established by the local government concerned; and

5. A document necessary for consultations with the heads of central administrative agencies and deliberation by the Central Urban Planning Committee under Article 10 (2) of the Act.

(2) The Minister of Construction and Transportation may, where the draft basic urban planning furnished in accordance with paragraph (1) is found not to be fit for the preparation standards and methods under Article 7 (3) of the Act, ask the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun to supplement such draft basic planning.

(3) The publication as prescribed in Article 10 (4) of the Act shall be run in the public bulletin of the local government concerned and offered for the public perusal for not less than 30 days.

Article 16(Designation of Metropolitan City Area) #

The Minister of Construction and Transportation shall, when he intends to include part of the jurisdictional areas of not less than two adjacent Special Metropolitan City, the Metropolitan City, Si or Gun into the metropolitan city zone, shall make the inclusion based on the jurisdictional unit area of Gu, Gun (referring to Gun in the jurisdictional area of the Metropolitan City), Eup or Myeon.

Article 17(Composition and Operation of Metropolitan Urban Planning Council) #

(1) The Minister of Construction and Transportation and the Mayor/Do governor may, when they intend to jointly draw up a metropolitan urban planning under Article 12 (1) 2 and Article 12 (2) of the Act, establish and operate the Metropolitan Urban Planning Council to consult with and seek advices from the Council with respect to the metropolitan urban planning. <Amended by Presidential Decree No. 17111, Jan. 27, 2001>

(2) The Metropolitan Urban Planning Council under paragraph (1) shall consist of public servants concerned and the persons of profound academic knowledge and experience in the metropolitan city urban planning.

(3) Matters necessary for the composition and operation of the Metropolitan Urban Planning Council shall be determined by the Minister of Construction and Transportation and the Mayor/Do governor who are to jointly draw up the metropolitan urban planning after making consultations.

Article 18(Contents of Metropolitan Urban Planning) #

The term “matters prescribed by the Presidential Decree” in Article 13 (1) 4 of the Act means the matters falling under each of the following subparagraphs:

1. Matters relating to the traffic system of the metropolitan city zone; and

2. Matters relating to spare spaces, beautiful views and the prevention of disasters in the metropolitan city zone.

Article 19(Approval of Metropolitan Urban Planning) #

(1) The Mayor/Do governor shall, when he intends to get approval of the metropolitan urban planning under Article 16 (1) of the Act, furnish a draft metropolitan urban planning, accompanied by the documents falling under each of the following subparagraphs, to the Minister of Construction and Transportation:

1. A document describing the results of the basic survey;

2. A document explaining the outcome of hearing;

3. A document detailing the outcome of listening to opinions of the local council of City or Do, or the Mayor or the head of Gun under Article 15 (1) of the Act;

4. A document explaining the results of advices from the City/Do Urban Planning Committee; and

5. A document necessary for consultations with the heads of central administrative agencies concerned and deliberation by the Central Urban Planning Committee under Article 15 (1)of the Act.

(2) The Minister of Construction and Transportation may, when the draft metropolitan urban planning furnished under paragraph (1) is found not to be fit for the preparation standards and preparation methods under Article 13 (2) of the Act, ask the Mayor/Do governor to supplement such draft metropolitan urban planning.

(3) The publication as prescribed in Article 16 (4) of the Act shall be run in the public bulletin of City/Do concerned and its public perusal shall be offered for not less than 30 days.

Article 20(Preparations of Urban Planning Map and Explanatory Statement) #

(1) The urban planning map from among the urban planning maps under Article 19 (2) of the Act shall be prepared as a drawing on which urban planning matters are expressly indicated in a topographical chart on a scale of 1/1,000 or 1/5,000 (including the numerical chart; hereinafter the same shall apply).

(2) With respect to the urban planning map referred to in paragraph (1), if there are not less than two urban planning maps, the general urban planning map (referring to the drawing on which major urban planning matters are expressly indicated in the chart on a sale of 1/25,000) may be included into the urban planning explanatory statement as prescribed in Article 19 (2) of the Act.

Article 21(Procedures for Dealing with Proposal) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun, upon receiving proposals from residents to be reflected in drafting an urban planning under Article 20 (1) of the Act, notify the proponents of whether their proposals are reflected in drafting the urban planning within 60 days from the date of proposal.

(2) In determining whether proposals from residents are reflected in drafting an urban planning under Article 20 (1) of the Act, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun may, if necessary, seek advices from the Urban Planning Committee established by the local government concerned.

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun may, if the proposals from residents under Article 20 (1) of the Act are reflected in drafting an urban planning, utilize urban planning maps and urban planning explanatory statement accompanied by such proposals to draft the urban planning.

Article 22(Drafting of Urban Planning) #

(1) The term “minor matters prescribed by the Presidential Decree” in the proviso of Article 22 (1) of the Act means the matters of each subparagraph of Article 24 (3) and each subparagraph of Article 24 (4).

(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he intends to listen to opinions of residents with respect to the drafting of an urban planning under Article 22 (4) of the Act, publish major points of the draft urban planning not less than twice in dailies which are circulated mainly in the area of the Special Metropolitan City, the Metropolitan City, Si or Gun concerned, and the public perusal of the draft urban planning shall be offered for not less than 14 days.

(3) Any person who is not satisfied with contents of the draft urban planning published under paragraph (2) may furnish the statement of his opinion to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun within the period of public perusal.

(4) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall examine whether the statement of opinion furnished under paragraph (3) within 60 days from the date on which the public perusal period comes to an end shall be reflected in drafting an urban planning and notify the person who has furnished such statement of opinion of the results.

(5) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, where he intends to reflect the statement of opinion furnished under paragraph (3) in drafting an urban planning and the statement of opinion is found to be an important matter prescribed by the urban planning ordinance, publish again the contents of such urban planning and offer the public perusal of such urban planning to seek the opinions of residents.

(6) The provisions of paragraphs (2) through (4) shall apply mutatis mutandis to the republication and re-public perusal under paragraph (5).

(7) The term “matters prescribed by the Presidential Decree” in Article 22 (5) of the Act means the matters falling under each of the following subparagraphs: Provided, That matters of each subparagraph of Article 24 (3) and each subparagraph of Article 24 (4) shall be excluded:

1. The designation or alteration designation of the areas, districts and zones under Articles 32 through 35 of the Act;

2. The determination or alteration determination of an urban planning with respect to the installation, repair and upgrade of wide-area facilities included in the metropolitan urban planning; and

3. The determination or alteration determination of an urban planning with respect to the installation, repair and upgrade of urban infrastructures falling under any of the following items:

(a) Main roads from among roads;

(b) Urban railroads from among railroads;

(c) Passenger terminals (limited to those for cross-country bus transport services) from among automobile stops;

(d) Traffic squares connected to main roads from among public squares;

(e) Parks (excluding children parks);

(f) Distribution business facilities and equipment;

(g) Universities from among schools;

(h) Integrated playgrounds and golf courses from among playgrounds;

(i) Buildings of local governments from among public buildings;

(j) Sewerage (limited to sewerage terminal disposal facilities);

(k) Crematoriums;

(l) Cemeteries;

(m) Waste treatment facilities; and

(n) Facilities for prevention of water quality from being contaminated.

Article 23(Application for Deciding on Urban Planning) #

The head of Si or the head of Gun (referring to the Mayor/Do governor in case that an application is filed for deciding on the urban planning under subparagraphs 2 through 4 of Article 23 of the Act) shall, when he intends to file an application for deciding on an urban planning in accordance with Article 23 of the Act, furnish urban planning maps and explanatory statement under Article 19 (2) of the Act, accompanied by Documents falling under each of the following subparagraphs, to the Mayor/Do governor (referring to The Minister of Construction and Transportation in case that an application is filed for deciding on an urban planning falling under any of subparagraphs 2 through 4 of Article 23 of the Act):

1. A document describing the result of listening to the opinions of residents under Article 22 (1) of the Act;

2. A document explaining the result of listening the opinions of the local council under Article 22 (5) of the Act;

3. A document describing the advices of the Urban Planning Committee of the local government concerned if such advices sought;

4. A document necessary for consultations with the heads of administrative agencies concerned under Article 24 (1) of the Act (the results of prior consultations with the heads of administrative agencies under Article 29 (2) of the Act if such consultations held); and

5. A document necessary for deliberations by the Central Urban Planning Committee or the City/Do Urban Planning Committee.

Article 24(Decision on Urban Planning) #

(1) The term “urban planning concerning important matters prescribed by the Presidential Decree” in Article 24 (2) of the Act means the urban planning falling under any of the following subparagraphs: Provided, That matters of each subparagraph of paragraph (3) and each subparagraph of paragraph (4), and matters about which consultations have been made in advance with the Minister of Construction and Transportation in accordance with related Acts and subordinate statutes shall be excluded:

1. An urban planning drafted by the Do governor in connection with a metropolitan urban planning;

2. An urban planning falling under any of the following items, on which a decision is first made with respect to an area after such area results from the lifting of a development control area: and

(a) An urban planning concerning the designation of area and district;

(b) An urban planning concerning the designation of a district planning area; and

(c) An urban planning concerning the installation, repair and upgrade of an urban infrastructure;

3. An urban planning determined by the ordinance of the Minister of Construction and Transportation from among urban plannings with respect to the installations, repairs and upgrades of urban infrastructures covering not less than two City/Do.

(2) The Minister of Construction and Transportation or the Mayor/Do governor shall, when he intends to seek opinions of the Construction Committee with respect to a draft district planning under the proviso of Article 24 (3) of the Act, shall ask the Construction Committee to present such opinions within a fixed period of not less than 14 days unless special circumstances exist that make it impossible for him to get such opinions within such period.

(3) In the case falling under any of the following subparagraphs, any urban planning (excluding any district planning) may be altered without making consultations with the heads of administrative agencies concerned, consultations with the Minister of Construction and Transportation and going through deliberation by the Urban Planning Committee under the proviso of Article 24 (5) of the Act:

1. Where any facility site which is not more than 1/20 of the unit urban planning facility site area (excluding any park and any green area, and limited to the case where, in case of road, the starting point and the terminal point are not altered and the central lines do not deviate from the previously determined road);

2. Where the location of urban planning facilities are slightly changed on the grounds of topographical reasons or any facility site is inevitably changed on the grounds of the surface of slopes, etc.;

3. Where a decision is made on detailed facilities or such detailed facilities are altered without changing the previously determined urban planning facility site;

4. Where an urban planning with respect to urban planning areas and harbors is altered as an urban area is designated under the Act on the Utilization and Management of the National Territory and public waters adjacent to an urban planning area are designated as a harbor area or a fishing port area under the Harbor Act and the Fishery Harbor Act;

5. An urban planning area, district, zone or the district planning area is altered as an urban area is reduced under subparagraph 1 of Article 6 of the Act on the Utilization and Management of the National Territory; and

6. Where minor matters prescribed by the ordinance of the Minister of Construction and Transportation are altered.

(4) Minor matters from among the district planning may be altered without making consultations with the heads of administrative agencies concerned, consultations with the Minister of Construction and Transportation, seeking opinions of the Construction Committee or going through deliberation by the City/Do Urban Planning Committee according to the classification falling under each of the following subparagraphs under the proviso of Article 24 (5) of the Act:

1. In the case falling under any of the following items, the consultations with the heads of administrative agencies concerned and the Minister of Construction and Transportation may be omitted: and

(a) Where the decided alteration of an area, district or urban planning facilities on which a decision has been made according to a district planning is the alteration falling under any of each subparagraph of paragraph (3);

(b) Where not more than 10/100 of any household area or any lot area is altered;

(c) Where not more than 10/100 of the height of a building is altered;

(d) Where the size of a lot area falling under any of each item of Article 41 (2) 3 and a lot leveling plan are altered;

(e) Where not more than one meter of the building line is altered;

(f) Where the arrangement, form or color of a building is altered; and

(g) Where other minor matters prescribed by the Ordinance of the Ministry of Construction and Transportation are altered;

2. In the case falling under any of each item of subparagraph 1 and in the event that the urban planning ordinance prescribes, consultations with the heads of administrative agencies concerned and with the Minister of Construction and Transportation, listening to opinion of the Construction Committee and deliberation by the Urban Planning Committee may be omitted.

(5) The publication of a decision made on any urban planning under Article 24 (6) of the Act shall be made in a manner that the matters falling under each of the following subparagraphs are run in the Official Gazette:

1. The point that the urban planning concerned falls under any of each item of subparagraph 3 of Article 3 of the Act;

2. Location;

3. Area and sale; and

4. Other matters prescribed by the Ordinance of the Ministry of Construction and Transportation.

(6) The Special Metropolitan City Mayor or the Metropolitan City Mayor shall, when he publishes a decision on an urban planning which includes the jurisdictional area of other Special Metropolitan City, Metropolitan City, Si or Gu, furnish related documents to such other Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun.

Article 25(Special Case for Construction Work under Way) #

(1) The continued implementation of any project or any construction work which already starts at the time that an urban planning is decided with respect to the designation of a development restriction area shall be governed by the Act on Special Measures for Designation and Management of Development Restriction Area.

(2) Any person who already starts any project or any construction work at the time that an urban planning is decided with respect to the designation of an area to be created into a street shall, when he intends to continue such project or such construction work, report details of such project or such construction work to the competent Special Metropolitan City Mayor, the competent Metropolitan City Mayor, the competent head of Si or the competent head of Gun within 3 months from the date on which the decision of such urban planning with respect to the designation of an area to be created into a street is published under the proviso of Article 25 (2) of the Act.

(3) Where the act of making the report in accordance with paragraph (2) is intended to alter the form and quality of land for the purpose of constructing a building, any person who intends to get permission for constructing such building shall file an application for such permission within 3 months from the date on which the work of altering the form and quality of such land is completed.

Article 26(Methods for Making and Publishing Topographical Drawings) #

(1) Topographical drawings under Article 26 (1) of the Act shall be made as drawings on a scale of 1/500 through 1/1,500 (in case of a green area and a forest in the development restriction area, such topographical drawings may be made as drawings on a scale of 1/3,000 through 1/6,000): Provided, That in the event that the boundary of land, which is intended to be published, conforms to the boundary of an administrative area and in the case of an area on which an urban planning project, an industrial complex construction project or a housing site development project is completed, the copies of land registration maps may be deemed topographical drawings.

(2) In making the topographical drawings referred to in paragraph (1), when topographical maps are nonexistent, the drawings of submarine maps may be deemed topographical maps.

(3) In the event that not less than two drawings of paragraphs (1) and (2) are existent, an overall map on a scale of 1/5,000 may be separately attached: Provided, That if it is difficult to make an overall map on a scale of 1/5,000, an overall map on a scale of 1/3,000 through 1/6,000 may be separately attached.

(4) The term “period prescribed by the Presidential Decree” in Article 26 (2)of the Act means 30 days.

(5) The publication of topographical drawings under Article 26 (4) of the Act shall be made in the Official Gazette.

(6) The term “scale prescribed by the Presidential Decree” means the scale of 1/500 through 1/1,500 (in the case of a green area and a forest in the development control area, the scale of 1/3,000 through 1/6,000).

Article 27(Method of Publishing Invalidation) #

The invalidation of an urban planning decision under Article 27 (2) of the Act shall be published in a manner that the date of invalidation, the cause of invalidation and the contents of the urban planning concerned are run in the Official Gazette.

Article 28(Upgrades of Urban Planning) #

(1) In upgrading the urban planning under Article 28 of the Act, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when an urban planning facility project with respect to the installation of urban planning facilities is not implemented within 10 years from the date on which an urban planning decision made with respect to urban planning facilities (hereinafter referred to as “urban planning facility decision”) was published, examine the appropriateness of the urban planning facility decision and reflect the results in drafting an urban planning.

(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si, who has not mapped out a basic urban planning in accordance with the proviso of Article 6 (1) of the Act, shall include the long-term development plan in the planning explanatory statement as prescribed in Article 19 (2) of the Act when he upgrades the urban planning in accordance with Article 28 of the Act, and hold hearings to listen to the opinions of residents with respect to such inclusion.

Article 29(Subdivision of Area) #

The Minister of Construction and Transportation or the Mayor/Do governor may subdivide the residential area, the commercial area, the industrial area and the green area into what falls under each of the following subparagraphs as a urban planning decision under Article 32 (2) of the Act:

1. Residential area:

(a) Exclusive residential area: an area necessary to protect the better residential environment:

(i) The class-Ⅰ exclusive residential area; an area necessary to protect the better residential environment of single-family houses; and

(ii) The class-Ⅱ exclusive residential area; an area necessary to protect the residential environment of apartments;

(b) General residential area; an area necessary to create a convenient residential environment: and

(i) The class-Ⅰ general residential area; an area necessary to create a convenient residential environment for low-story houses;

(ii) The class-Ⅱ general residential area; an area necessary to create a convenient residential environment for mid-story houses; and

(iii) The class-Ⅲ general residential area; an area necessary to create a convenient residential environment for mid-highstory houses;

(c) Quasi residential area; an area necessary to supplement commercial and business functions focused on the residential function;

2. Commercial Area:

(a) Central commercial area; an area necessary to expand business and commercial functions in the center or near center of a city;

(b) General commercial area; an area necessary to take general commercial and business functions;

(c) Neighboring commercial area; an area necessary to render services and supply goods in the neighboring area; and

(d) Distribution business area; an area necessary to enhance the distribution functions among cities and regions;

3. Industrial area: and

(a) Exclusive industrial area; an area necessary to keep mainly the heavy and chemical industry and pollutive industries;

(b) General industrial area; an area necessary to keep environmentfriendly industries; and

(c) Quasi industrial area; an area necessary to keep light industries and other industries, and also supplement the residential, commercial and business functions;

4. Green area:

(a) Preservation green area; an area necessary to preserve natural environment, beautiful views, forest and green space;

(b) Production green area; an area necessary to be kept from development mainly for agricultural production; and

(c) Natural green area; an area which can, if inevitable, be developed on a limited base within the scope of not undermining the preservation of the green space.

Article 30(Designation of District) #

(1) The term “other district prescribed by the Presidential Decree” in Article 33 (1) 10 of the Act means the district falling under each of the following subparagraphs:

1. Apartment district; a district necessary to build and manage collectively apartments under an apartment district development project in accordance with Articles 20 through 24 of the Housing Construction Promotion Act; and

2. Amusement district; a district necessary to collectivize amusement facilities for the purpose of protecting the environment of other areas.

(2) The Minister of Construction and Transportation or the Mayor/Do governor may subdivide the beautiful-view district, the ancient-city district, the preservation district, the facility-protection district and the village district into what falls under each of the following subparagraphs:

1. Beautiful-view district:

(a) Central beautiful-view district; a district necessary to maintain and manage the beautiful view of the district which has the highutilization of land;

(b) Historical and cultural beautiful-view district; a district necessary to maintain and manage historical relics and traditional structures, etc.; and

(c) General beautiful-view district; a district which is other than the central beautiful-view district and the historical and cultural beautiful-view district and necessary to maintain and manage beautiful views;

2. Ancient-city district:

(a) Highest ancient-city district; a district necessary to protect the environment and beautiful views of a city and set the highest limit to the height of buildings for the purpose of preventing overpopulation; and

(b) Lowest ancient-city district; a district necessary to set the lowest limit to the height of buildings for the purpose of sophisticating land utilization and protecting urban beautiful views;

3. Preservation area:

(a) Cultural resources preservation district; a district necessary to protect cultural properties and an area which is of high cultural values;

(b) Major facility preservation district; a district necessary to protect and preserve major facilities for the purpose of national defense; and

(c) Ecosystem preservation district; a district necessary to protect and preserve the habitats of animals, etc. in a city;

4. Facility protection district: and

(a) School facility protection district; a district necessary to protect and maintain the educational environment of school;

(b) Public facility protection district; a district necessary to protect public facilities and efficiently perform the functions of public business;

(c) Harbor facility protection district; a district necessary to perform efficiently the functions of harbors, and manage and operate harbor facilities; and

(d) Airport facility protection district; a district necessary to protect airport facilities and ensure the safe navigation of aircraft;

5. Village district:

(a) Natural village district; a district necessary to upgrade villages in the green area; and

(b) Collective village district; a district necessary to upgrade villages in the development control area.

(3) The Mayor/Do governor may subdivide the district falling under each of the following subparagraphs in an urban planning decision as prescribed by the ordinance of City/Do under Article 33 (2) of the Act:

1. The beautiful-view district under Article 33 (1) 1 of the Act; and

2. The development-control district under Article 33 (1) 9 of the Act.

Article 31(Designation of Urbanization Adjustment District) #

(1) The term “certain period prescribed by the Presidential Decree” in Article 35 (1) of the Act means a period of not less than 5 years to not more than 20 years.

(2) The Minister of Construction and Transportation shall, when he intends to designate an urbanization adjustment district in accordance with Article 35 (1) of the Act, fix an urbanization reservation period taking into account the movement of population, the current utilization of land and the progress of industrial development, etc. in the urban planning district concerned.

(3) The invalidation of the designation of any urbanization adjustment district under Article 35 (2) of the Act shall be published in a manner that the date of invalidation, the cause of invalidation and the details of the urban planning are run in the Official Gazette.

Article 32(Installation and Management of Urban Planning Facilities) #

(1) The term “urban infrastructure prescribed by the Presidential Decree” in the proviso of Article 36 (1) of the Act means facilities falling under each of the following subparagraphs:

1. Facilities for testing automobiles and construction machinery, drivingreaching institutes for automobiles and construction machinery, observation towers, public vacant land, broadcasting and communications facilities, markets, heat-supply facilities and equipment, public buildings, cultural facilities, libraries, research facilities, social welfare facilities, public vocational training facilities, juvenile training facilities, reservoirs, fire-prevention facilities, windbreak facilities and equipment, waterproof facilities and equipment, erosioncontrol facilities and equipment, tide-control facilities, funeral parlors, general medical facilities and car disposal places;

2. Urban infrastructure in parks, the occupation and use of which require permission under the provisions of the Urban Park Act; and

3. Other facilities prescribed by the Ordinance of the Ministry of Construction and Transportation.

(2) Urban planning facilities managed by the State in accordance with Article 36 (4) of the Act shall be managed by any management agency under Article 6 of the State Properties Act.

Article 33(Listening to Opinion with Respect to Installation of Utility Tunnels) #

(1) The implementer of an urban planning project, who is an administrative agency, shall, when he intends to install utility tunnels, determine the matters falling under each of the following subparagraphs, and notify in advance the managers of electric lines, gas pipes, tapwater pipes, sewage pipes, communications lines, telecommunications circuit facilities and equipment, heat-transport pipes, etc. to be accommodated by planned utility tunnels (hereinafter referred to as “persons planned to occupy and use utility tunnels”):

1. Location;

2. Structure;

3. Details of persons planned to occupy and use the utility tunnels concerned;

4. Outline of the occupation and use of the utility tunnels by persons planned to occupy and use the tunnel utilities;

5. Matters relating to costs required for constructing the tunnel utilities and the sharing of such costs; and

6. Date on the construction work is scheduled to start and date on which such construction work is scheduled to be completes.

(2) The persons planned to occupy and use utility tunnels may, upon receiving the notice with respect to the construction work of utility tunnels under paragraph (1), submit the statement of their opinions thereof by a time limit fixed by the implementer of an urban planning project, who is an administrative agency.

(3) The implementer of an urban planning project, who is an administrative agency, shall, upon receiving the statement of opinions under paragraph (2), attach it to an application for authorizing an implementation plan for an urban planning project.

Article 34(Installation of Facilities in Utility Tunnels) #

(1) The implementer of an urban planning project, who is an administrative agency, shall, when he completes the construction work of his utility tunnels, promptly fix a period for which the occupation work of installing facilities in the utility tunnels is carried out and notify each of the persons planned to occupy and use the utility tunnels of such period upon the completion of the construction work under Article 70 of the Act.

(2) The persons planned to occupy and use the utility tunnels shall install their facilities in the utility tunnels within the fixed period of the occupation work referred to in paragraph (1): Provided, That in the event that special circumstances make it impossible for them to complete the occupation work within the fixed period, they shall consult in advance the implementer of the urban planning project, who is an administrative agency.

(3) The persons planned to occupy and use the utility tunnels shall remove previous facilities which are out of use as a result of the installation of new facilities in the utility tunnels within a period fixed by the implementer of an urban planning project, who is an administrative agency and restore the ordinal state to roads.

Article 35(Costs for Constructing Utility Tunnels) #

(1) Costs required for constructing the utility tunnels under Article 37 (2) of the Act shall be what falls under each of the following subparagraphs: Provided, That if any subsidies are provided in accordance with Article 76 of the Act, the amount of such subsidies shall be deducted:

1. Construction costs;

2. Internal work costs;

3. Measurement and design costs for the construction work;

4. Compensation costs if any compensation is required by the construction work;

5. Costs required for installing miscellaneous facilities of the utility tunnels; and

6. If loans are extended under Article 76 of the Act, the amount equivalent to the interest on such loans.

(2) The percentage of costs required for the construction work of the utility tunnels, which has to be borne by the persons planned to occupy and use the utility tunnels, shall be determined by the planned occupation area of the utility tunnels.

(3) The implementer of an urban planning project, who is an administrative agency, shall notify the persons planned to occupy and use the utility tunnels of the payment of charges computed according to the provisions of paragraphs (1) and (2) immediately after the implementation plan for an urban planning project which includes the construction work of the utility tunnels is authorized or published.

(4) The persons planned to occupy and use the utility tunnels shall, upon receiving the notice with respect to the payment of charges under paragraph (3), pay not less than a third of such charges prior to the start of the construction work of the utility tunnels and the balance shall be paid before their facilities are installed in the utility tunnels under Article 34 (1) of the Act.

Article 36(Management of Utility Tunnels) #

(1) The utility tunnels shall be managed by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun.

(2) The Special Metropolitan City, the Metropolitan City, Si or Gun shall establish the Utility Tunnels Management Council (hereinafter referred to as the “Utility Tunnels Management Council” in this Article) to counsel the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun about important matters concerning the management of the utility tunnels such as the safety check of the utility tunnels, upgrades of facilities and the bearing of management costs, etc.

(3) The Utility Tunnels Management Council shall consist of civil servants of local governments in charge of managing the utility tunnels, fire officers, employees of any person who occupies and uses the utility tunnels and other persons of profound academic knowledge and experience in the structural safety of the utility tunnels or the prevention of disasters.

(4) Costs required for managing the utility tunnels shall be borne by persons who occupy and use such utility tunnels and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall determine the bearing ratio of such costs taking into account the occupation area. In this case, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall allow persons who occupy and use the utility tunnels to pay costs required for managing the utility tunnels twice a year in installments.

(5) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun who is in charge of managing the utility tunnels shall conduct the safety check of the utility tunnels not less than once a year and if any abnormality is found, promptly take necessary measures such as close safety check, repairs and upgrades, etc.

(6) Necessary matters concerning costs required for managing the utility tunnels, the method of managing the utility tunnels and the composition and operation of the Utility Tunnels Management Council, etc. other than the matters falling under paragraphs (1) through (5) shall be prescribed by the urban planning ordinance.

Article 37(Support for Installation of Wide-Area Facilities) #

Any local government shall, when it intends to install wide-area facilities in the jurisdictional area of other local government, implement the project falling under any of the following subparagraphs or support such facilities:

1. Project aimed at preventing environmental pollution; project of installing waste-treatment and sewage facilities or crating green area and project of preventing environmental pollution, bad smells, noises and vibrations, etc.; and

2. Project aimed at increasing conveniences for local residents; project of installing road, park, water and cultural facilities, libraries, social welfare facilities, building pavilions for senior citizens, and installing sewage and general medical facilities, etc.

Article 38(Application for Purchasing Urban Planning Facility Sites) #

(1) Any land owner shall, when he intends to apply for purchasing land under Article 40 (1) of the Act, file an application for purchasing the land, accompanied by the attested copies of registers with respect to the land and building subject to his purchase, with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun (referring to the park management agency as prescribed in Article 5 (1) of the Urban Park Act in the case of a park and the green area management agency as prescribed in Article 11 (1) of the Urban Park Act in the case of a green area).

(2) The provisions of Article 18-4 of the Enforcement Decree of the Land Expropriation Act and Article 18-5 of the same Decree shall apply mutatis mutandis to the scope of the land possessed by any absentee real estate owner and the scope of non-business land under Article 40 (2) 2 of the Act. In this case, the “business recognition publication date” shall be deemed the “purchase application date”.

(3) The term a “certain amount prescribed by the Presidential Decree” in Article 40 (2) 2 of the Act means 30 million won.

(4) The term “building and installation prescribed by the Presidential Decree” in the former part, with the exception of each subparagraph, of Article 40 (7) of the Act means what falls under any of the following subparagraphs: Provided, That the same shall not apply to the case where the urban planning ordinance prescribes otherwise the permission scope within the scope prescribed by each of the following subparagraphs:

1. Any single-family house with not more than 3 stories as shown in subparagraph 1 (a) of the attached Table l of the Enforcement Decree of the Building Act;

2. Any class-Ⅰ neighboring life facility with not more than 3 stories as shown in subparagraph 3 of the attached Table l of the Enforcement Decree of the Building Act; and

3. Any installation.

Article 39(Publication of Invalidation of Urban Planning Implementation Decision) #

The invalidation of any urban planning implementation decision under Article 41 (2) of the Act shall be published in a manner that the date of invalidation, the cause of invalidation and the contents of the urban planning are run in the Official Gazette.

Article 40(Area Subject to Designation of District Planning Area) #

The term “area prescribed by the Presidential Decree” in Article 42 (1) 10 of the Act means the area falling under each of the following subparagaphs:

1. Model city;

2. Area for which permission for the act of development is restricted and such restrictions are published under Article 49 (2) and (3) of the Act;

3. Area in which residents intend to develop efficiently the space of underground and air;

4. Area which is published and offered for the public perusal for the purpose of drafting an urban planning with respect to alteration designation of the area;

5. Site and its surrounding area, which accrues from the relocation or closure of large-scale facilities such as factory, school and military unit;

6. Area in which apartments are built under a reconstruction project; and

7. Area which is prescribed by the urban planning ordinance and necessary to facilitate the function and beautiful view of a city, and secure better environment.

Article 41(Application of Relaxation to Building Coverage Ratio, etc. in District Planning Area) #

(1) Where any person who intends to construct a building in the district

planning area provides part of its site as a site for public facilities, the relaxation of the building coverage ratio for such building under Article 42 (3) of the Act may be applied up to the following ratio in a district planning:

The building coverage ratio that can be relaxed; within the building coverage ration applied in the area concerned × (1 ＋ area provided as a site for public facilities ÷ original site area).

(2) The relaxation of the building coverage ratio may be applied to the district planning area in a district planning according to the classification falling under each of the following subparagraphs under Article 42 (3) of the Act:

1. Where any person who intends to construct a building in the district planning area provides part of the site for such building as a site for public facilities: the building coverage ratio applied in the area concerned × (1 ＋ area provided as a site for public facilities ÷ original site area);

2. In the case of a development promotion area under Article 33 (1) 9 of the Act: within 1.2 times the building coverage ration applied in the area concerned; and

3. In the case falling under any of the following items, if any joint development is made on the recommendation of the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun; within 1.2 times the building coverage ratio applied in the area concerned:

(a) Where one building is to be constructed on not less than two lots of land in the district planning;

(b) Where a joint-wall building is to be constructed in the district planning; and

(c) Where parking lots and pedestrian roads are to be used jointly in the district planning and that buildings are required to be simultaneously constructed on not less than two lots of land.

(3) The provisions of paragraph (2) shall, where such provisions fall under any of the following subparagraphs, not be applied:

1. The case of an area which is required to be developed or managed on a planned basis from among areas removed from the development restriction area, the urbanization adjustment area, the green area or park, and areas newly incorporated into urban planning areas; and

2. The case of the existing area, of the area which has a high building coverage ratio or of the area altered into a district.

(4) The relaxation of the limits to the height of buildings in the district planning area may be applied in a district planning according to the classification falling under each of the following subparagraphs under Article 42 (3) of the Act:

1. Where any person who intends to construct a building in the district planning area provides part of its site as a site for public facilities: within the height of the building, which is limited under Article 51 of the Building Act × (1 ＋ area provided as a site for public facilities ÷original site area); and

2. In the case of the development promotion area under Article 33 (1) 9 of the Act: within the height of buildings, which is limited under Article 51 of the Act.

(5) The relaxation of use, kind, scale, etc. of any building which is allowed to be constructed in the district planning area under Article 42 (3) of the Act may be applied in a district planning within the scope of what is prescribed in the attached Tables 2 through 7.

Article 42(Contents of District Planning) #

(1) The term “area and district prescribed by the Presidential Decree” in Article 43 (1) 1 of the Act means the area which can be designated after being subdivided under Article 29 and the district which can be designated after being subdivided under Article 30 (2) and (3).

(2) The term “urban infrastructures prescribed by the Presidential Decree” in Article 43 (1) 2 of the Act means the facilities falling under each of the following subparagraphs:

1. In the case of an area under Article 42 (1) 2 through 8, an urban infrastructure constructed in a development project in accordance with individual Act which provides a legal ground for designating such area;

2. Roads;

3. Parking lots;

4. Squares or plazas;

5. Parks (excluding cemetery parks and urban nature parks);

6. Green area;

7. Public vacant land;

8. Water;

9. Utility tunnels;

10. Schools (excluding universities);

11. Public buildings;

12. Cultural facilities;

13. Libraries;

14. Research facilities;

15. Social welfare facilities;

16. Public vocational training facilities;

17. Juvenile training facilities;

18. Sewage facilities; and

19. General medical facilities.

(3) The term “urban planning facilities prescribed by the Presidential Decree” in Article 43 (2) of the Act means roads, parking lots, parks, green areas, public vacant land, tap-water facilities, electricity-supply facilities and equipment, gas-supply facilities and equipment, heatsupply facilities and equipment, schools (limited to elementary and secondary schools), sewage facilities and waste-treatment facilities.

(4) If it is deemed necessary to ensure a smooth traffic in the district planning area, a parking lot attached to a building may be permitted to be installed independently or jointly outside the site of such building in a district planning. In this case, the location and scale, etc. of the parking lot attached to the building, which installed outside the site of the building concerned, shall be determined by a district planning.

(5) The gateway of the parking lot attached to the building, which is installed outside the site of the building concerned under paragraph (4), shall not be located on the edge of the main road: Provided, That the same shall not apply to the case where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun deems such gate as not obstructing the smooth traffic taking into account plans for traffic in the district planning area, etc.

Article 43(Opinions of Residents with Respect to Draft District Planning) #

A person falling under any of the following subparagraphs may furnish matters he hopes to include in a draft district planning to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun, and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he recognizes the matters furnished appropriate, reflect such matters in such draft district planning:

1. In the event that a district planning area is designated on the proposal made by residents under Article 20 of the Act, the proponents; and

2. In the event that a district planning area is designated to an area as prescribed in Article 42 (1) 2 through 7, the implementers of development projects under individual Act which provide a legal ground for designating such area.

Article 44(Publication of Invalidation of Designation of District Planning Area) #

The invalidation of the designation of any district planning area under

Article 44 (2) of the Act shall be published in a manner that the date of invalidation, the cause of invalidation and the contents of the invalidated district planning area are run in the Official Gazette.

Article 45(Object of Permission for Development Act) #

The act which is required to get permission for development act under Article 46 (1) of the Act shall be the act falling under each of the following subparagraphs: <Amended by Act No. 17111, Jan. 27, 2001>

1. The construction of a building: the act of constructing a building under Article 2 (1) 2 of the Building Act;

2. The setup of installations: the act of installing artificially manufactured facilities (excluding any building under Article 2 (1) 2 of the Building Act;

3. The alteration of form and quality of land: the act of altering the form of land and reclaiming public waters by means of ground cutting, banking, ground-leveling and paving etc.;

4. The collection of earth and stones: the act of collecting earth and stones such as earth, sand, gravel and rock: Provided, That the act to alter the form and quality of land is excluded;

5. Land division: the act of dividing the land falling under any of the following items: and

(a) The division of land which is made in the green area without getting permission or authorization, etc. under related Acts and subordinate statutes;

(b) The division of land which results in dividing the land with no building into an area less than the area for which the division is restricted under Article 49 (1) of the Building Act; and

(c) The division of land into a land, the width of which is less than 5 meters, which undermines the rational utilization of land: Provided, That the same shall not apply to the case where permission or authorization, etc. with respect to the division of land is granted under other Acts and subordinate statutes;

6. The act of piling goods: the act of piling goods on a land which is not inside the fence of a building (limited to any site leveled according to legal procedures).

Article 46(Minor Alteration of Development Act Permission) #

(1) The term “where minor matters prescribed by the Presidential Decree are altered” in the proviso of Article 46 (2) of the Act means the case falling under each of the following subparagraphs:

1. Where the project period is shortened;

2. Where the project area is scaled back within the limit of 1/20; and

3. Where permissioned matters are inevitably altered on the grounds of an amendment to related Acts and subordinate statutes or a change in the urban planning.

(2) Any person who has gotten permission for the development act shall, when he alters minor matters falling under each subparagraph of paragraph (1), promptly file a notice thereof with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun.

Article 47(Minor Acts Permitted to be Performed Without Permission) #

The term “other minor acts prescribed by the Presidential Decree” in Article 46 (3) 3 of the Act means the act falling under each of the following subparagraphs: Provided, That the same shall not apply to the case where such minor act is prescribed otherwise by the urban planning ordinance within the limit of what is prescribed in each of the following subparagraphs:

1. The setup of installations:

(a) The setup of installations measuring not more than 50 tons in weight, not more than 50 cubic meters in bulk and not more than 25 square meters in horizontal projection area; and

(b) The installation of greenhouses for agricultural, forest and fishery purposes (excluding any fresh-water fish farm established in the greenhouse) in the green area;

2. The alteration of form and quality of land:

(a) The alteration of form and quality of land within 50 centimeters in height or 50 centimeters in depth (excluding package and limited to the case where the re-classification of land is not accompanied in case of the green area);

(b) The excavation of land to build a building or set up installations on a previously leveled site; and

(c) The alteration of form and quality of land for a project implemented directly by the State or a local government out of the need for the public interest;

3. Collection of earth and stones: the collection of earth and stones of not more than 50 cubic meters in bulk from a collection land area of not more than 25 square meters;

4. Land division: and

(a) Where a person divides a land after getting permission for building his private road under the Private Road Act;

(b) Where part of the land is intented to be used as a public site or for public use;

(c) Where part of the land which is out of use from among administrative assets is intended to be divided; and

(d) Where part of the land is published in a topographical drawing as an urban planning facility;

5. The act of piling articles; the act of piling articles measuring not more than 50 tons in weight and not more than 50 cubic square meters in bulk on a land measuring not more than 25 square meters in area.

Article 48(Procedures for Permitting Development Act, etc.) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he intends to attach conditions in accordance with Article 47 (2) of the Act, listen in advance to the opinion of an applicant for permitting his development act.

(2) The term “case prescribed by the Presidential Decree” in Article 47 (2) of the Act means the case falling under each of the following subparagraphs (excluding the case of the State, any local government, any government-invested institution and any public organization prescribed by the urban planning ordinance):

1. Where public facilities need to be installed due to any development act;

2. Where a nearby land is feared to be collapsed, or a nearby building or nearby installations are feared to be damaged by a land excavation;

3. Where falling rocks and dusts, etc. caused by the blasting of earth and stones are feared to damage a nearby area;

4. Where the environment surrounding a road is feared to be contaminated by trucks using such road for transporting earth and stones; and

5. Where a slope is required to be planted after the alteration of form and quality of land or the collection of earth and stones is completed.

(3) The amount of the performance bond under Article 47 (4) of the Act shall be the amount determined by the urban planning ordinance within the limit of costs necessary for the installation of public facilities, the prevention of dangers, the prevention of environmental pollution and planting.

(4) The performance bond under Article 47 (4) of the Act shall be paid in cash and deemed written guarantees, etc. as prescribed in each subparagraph of Article 37 (2) of the Act on Contracts to Which the State is a Party.

(5) The performance bond under Article 47 (4) of the Act shall be refunded immediately after the inspection of completion under Article 51 (1) of the Act is completed.

(6) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun may, when any person who has gotten permission for his development act fails to execute an order given to restore the original state under Article 47 (6) of the Act, restore the original state by vicariously executing the order using the performance bond under paragraph (4) of the same Article. In this case, if there is any balance, such balance shall be refunded immediately to the depositor of such performance bond.

Article 49(Publication of Limitations on Permitting Development Act) #

The publication of limitations with respect to permitting the development act under Article 49 (3) of the Act shall be run in the Official Gazette.

Article 50(Standards and Procedures for Permitting Development Act) #

The standards and procedures for permitting the development act under

Article 49 (5) of the Act are as shown in the attached Table l.

Article 51(Limitations on Construction in Area) #

(1) The limitations on the construction of any building in the area under Article 53 (1) of the Act shall be what falls under each of the following subparagraphs:

1. The building which is permitted to be constructed in the class-Ⅰ exclusive residential area: the building as prescribed in the attached Table 2;

2. The building which is permitted to be constructed in the class-Ⅱ exclusive residential area: The building as prescribed in the attached Table 3;

3. The building which is permitted to be constructed in the class-Ⅰgeneral residential area: the building as prescribed in the attached Table 4;

4. The building which is permitted to be constructed in the class-Ⅱ general residential area: the building as prescribed in the attached Table 5;

5. The building which is permitted to be constructed in the class-Ⅲ general residential area: the building as prescribed in the attached Table 6;

6. The building which is permitted to be constructed in the quasi residential area: the building as prescribed in the attached Table 7;

7. The building which is permitted to be constructed in the central commercial area: the building as prescribed in the attached Table 8;

8. The building which is permitted to be constructed in the general commercial area: the building as prescribed in the attached Table 9;

9. The building which is permitted to be constructed in the neighboring commercial area: the building as prescribed in the attached Table 10;

10. The building which is permitted to be constructed in the distribution business area: the building as prescribed in the attached Table 11;

11. The building which is permitted to be constructed in the exclusive industrial area: the building as prescribed in the attached Table 12;

12. The building which is permitted to be constructed in the general industrial area: the building as prescribed in the attached Table 13;

13. The building which is permitted to be constructed in the quasi industrial area: the building as prescribed in the attached Table 14;

14. The building which is permitted to be constructed in the conserved green area: the building as prescribed in the attached Table 15;

15. The building which is permitted to be constructed in the production green area: the building as prescribed in the attached Table 16; and

16. The building which is permitted to be constructed in the nature green area: the building as prescribed in the attached Table 17;

(2) In applying the limitations on the construction of any building under paragraph (1), the limitations on the construction of any attached building shall be governed by the limitations on the construction of any main building.

Article 52(Limitations on Construction of Building in Beautiful-View Area) #

(1) Any building prescribed by the urban planing ordinance as impeding the protection and creation of beautiful views in the beautiful-view area shall be prohibited from being constructed: Provided, That the same shall not apply to the case where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun recognizes any building as being in conformity with the standards prescribed by the urban planning ordinance within the limit of not violating the objective of designating such area and the matter goes through deliberation of the Urban Planning Committee established by a local government.

(2) The coverage ratio, the floor space ratio, height and beautiful view in the site of any building in the beautiful-view area shall be determined by the urban planning ordinance within the scope of protecting and creating beautiful views of the area.

Article 53(Limitations on Construction of Building in Beautiful-View Area) #

(1) Any building prescribed by the urban planning ordinance as impeding the maintenance of beautiful views created according to the location, environment and other characteristics of the area shall be prohibited from being constructed: Provided, That the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun recognizes any building as being in conformity with the standards prescribed by the urban planning ordinance within the limit of not violating the objective of designating such area and the matter goes through deliberation of the Urban Planning Committee established by a local government.

(2) The height, scale (including the ratio of the front length to the side length or the ratio of height), the scale of an attached building, the fence, type, color, gate of the building, and limitations and prohibition on the construction of such building shall be determined by the urban planning ordinance within the scope of maintaining beautiful views created according to the location of the area, environment and characteristics.

Article 54(Limitations on Construction of Building in Height Area) #

Any building exceeding or falling short of the height prescribed by the urban planning ordinance shall be prohibited from being constructed in the height area.

Article 55(Limitations on Construction of Building in Disaster Pre vention Area) #

Any building prescribed by the urban planning ordinance as impeding the prevention of flood and storm damages, landslide, ground collapse, earthquake and other disasters shall be prohibited from being constructed in the disaster prevention area: Provided, That the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun recognizes any building as being in conformity with the standards prescribed by the urban planning ordinance within the limit of not violating the objective of designating such area and the matter goes through deliberation of the Urban Planning Committee established by a local government.

Article 56(Limitations on Construction of Building in Preservation Area) #

Only the building constructed according to the classification falling under each of the following subparagraphs shall be permitted to be constructed in the conservation area: Provided, That the same shall not apply to the case where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun recognizes any building as being in conformity with the standards prescribed by the urban planning ordinance within the limit of not violating the objective of designating such area and the matter goes through deliberation of the Urban Planning Committee established by a local government.

1. Cultural resources preservation area: Any building constructed to directly protect and manage cultural properties subject to the application of the Protection of Cultural Properties Act and any building prescribed by the urban planning ordinance as not impeding the protection and preservation of an area which is of highly cultural values;

2. Principal facility preservation area: Any building prescribed by the urban planning ordinance as not impeding the protection and preservation of important national defense facilities; and

3. Ecosystem preservation area: Any building prescribed by the urban planning ordinance as not impeding the protection and preservation of an area which needs to be preserved because of its high ecological values.

Article 57(Limitations on Construction of Building in Facility Protection Area) #

(1) Any building prescribed by the urban planning ordinance as impeding the performance of functions of school and public-use facilities or harbors shall be prohibited from being constructed in the school facility protection area, the public-use protection facility area and the harbor facility protection area: Provided, That the same shall not apply to the case where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun recognizes any building as being in conformity with the standards prescribed by the urban planning ordinance within the limit of not violating the objective of designating such area, consults with the heads of administrative agencies concerned about his recognition and the matter goes through deliberation of the Urban Planning Committee established by a local government.

(2) Limitations on the construction of any building in the airport facility protection area shall be governed by the Aviation Act and other limitations such as the use and type of a building, etc. shall be determined by the urban planning ordinance within the scope of protecting airport facilities and not impeding the landing and takeoff of aircraft.

Article 58(Limitations on Construction of Building in Village Area) #

(1) Any building prescribed by the urban planning ordinance as impeding the upgrades of villages shall be prohibited from being constructed in the natural village area.

(2) Limitations on the construction of any building in the collective village area shall be governed by the Act on Special Measures for Designation and Management of Development Restriction Area.

Article 59(Limitations on Construction of Building In Apartment Area) #

Any building shall be prohibited from being constructed in the apartment area in contravention of the basic plan for the development of apartments as prescribed in Article 20 of the Housing Construction Promotion Act: Provided, That any building may be constructed in the apartment area within the scope of not violating the planned development of apartments prior to the formulation of the basic plan for the development of apartments.

Article 60(Other Limitations on Construction of Building in Area) #

The use, kind and scale, etc. of a building in other area than areas prescribed in Articles 52 through 59 shall be determined by the urban planning ordinance within the scope necessary to attain the objective of designating such area.

Article 61(Exceptions to Limitations on Construction of Building in Area and District) #

(1) The provisions of Articles 51 through 60 shall not apply to the urban planning facilities in the area and district.

(2) Limitations on the construction of any building in the urbanization adjustment area shall be governed by Articles 64 and 65 while limitations on the construction of any building in the development restriction area shall be governed by the Act on Special Measures for Designation and Management of Development Restriction Area.

Article 62(Building Coverage Ratio in Area) #

(1) The building coverage ratio under Article 54 (1) and (2) of the Act shall not exceed the ratio prescribed by the urban planning ordinance within the scope falling under each of the following subparagraphs:

1. Class-Ⅰ exclusive residential area: not more than 50 percent;

2. Class-Ⅱ exclusive residential area: not more than 50 percent;

3. Class-Ⅰ general residential area: not more than 60 percent;

4. Class-Ⅱ general residential area: not more than 60 percent;

5. Class-Ⅲ general residential area: not more than 50 percent;

6. Quasi residental area: not more than 70 percent;

7. Central commercial area: not more than 90 percent;

8. General commercial area: not more than 80 percent;

9. Neighboring commercial area: not more than 70 percent;

10. Distribution business are: not more than 80 percent;

11. Exclusive industrial area: not more than 70 percent (in the case of an industrial complex under subparagraph 5 of Article 2 of the Industrial Sites and Development Act, not more than 80 percent);

12. General industrial area: not more than 70 percent (in the case of an industrial complex under subparagraph 5 of Article 2 of the Industrial Sites and Development Act, not more than 80 percent);

13. Quasi industrial area: not more than 70 percent (in the case of an industrial complex under subparagraph 5 of Article 2 of the Industrial Sites and Development Act, not more than 80 percent);

14. Preservation green area: not more than 20 percent (in the case of natural villages, not more than 40 percent);

15. Production green area: not less than 20 percent (in the case of the natural village area, not more than 40 percent);

16. Natural green area: 20 percent (in the case of the natural village area, not more than 40 percent; and

17. Other area: not more than 20 percent (in the case of a factory built in an industrial complex under subparagraph 5 of Article 2 of the Industrial Sites and Development Act, not more than 80 percent.

(2) Where the building coverage ratio is fixed by area in accordance with the urban planning ordinance under paragraph (1), such ratio may be fixed by area after being subdivided.

(3) Any building which is constructed in the fire-prevention district of the general commercial area, the neighboring commercial area or the quasi residential area under Article 54 (3) of the Act and falls under any of the following subparagraphs shall be prohibited from exceeding the ratio prescribed by the urban planning ordinance within the scope of not less than 80 percent to not more than 90 percent notwithstanding the provisions of paragraph (1):

1. The major structure of the building shall be fire-resistant; and

2. The site of the building shall be a site which is located on the corner of a road and falls under any of the following items:

(a) The site which is linked to two roads crossing each other and the aggregate width of the two roads exceeds15 meters and the interior angle of the two roads is not less than 120 degrees and not less than a third of the girth of the site is linked to the roads; and

(b) The site which is linked to two roads which do not cross each other with their width each exceeding 8 meters and their boundary’s distance measuring not more than 35 meters and not less than a third of the girth of the site is linked to the roads.

(4) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun may, where he deems it necessary to lower the building coverage ratio to prevent urban overpopulation, determine a district after going through deliberation of the Urban Planning Committee established by the Special Metropolitan City, the Metropolitan City, Si or Gun under Article 54 (3) of the Act and fix the building coverage ratio applicable to such district within the maximum limit of not less than 40 percent in accordance with the urban planning ordinance.

Article 63(Floor Space Ratio in Area) #

(1) The floor space ratio under Article 55 (1) and (2) of the Act shall not exceed the ratio determined by the urban planning ordinance within the limit falling under each of the following subparagraphs:

1. Class-Ⅰ exclusive residential area: not less than 50 percent to not more than 100 percent;

2. Class-Ⅱ exclusive residential area: not less than 100 percent to not more than 150 percent;

3. Class-Ⅰ general residential area: not less than 100 percent to not more than 200 percent;

4. Class-Ⅱ general residential area: not less than 150 percent to not more than 250 percent;

5. Class-Ⅲ general residential area: not less than 200 percent to not more than 300 percent;

6. Quasi residential area: not less than 200 percent to not more than 700 percent;

7. Central commercial area: not less than 400 percent to not more than 1,500 percent;

8. General commercial area: not less than 300 percent to not more than 1,300 percent;

9. Neighboring commercial area: not less than 200 percent to not more than 900 percent;

10. Distribution business area: not less than 200 percent to not more than 1,100 percent;

11. Exclusive industrial area: not less than 150 percent to not more than 300 percent;

12. General industrial area: not less than 200 percent to not more than 350 percent;

13. Quasi industrial area: not less than 200 percent to not more than 400 percent;

14. Preservation green area: not less than 50 percent to not more than 80 percent;

15. Production green area: not less than 50 percent to not more than 100 percent;

16. Natural green area: not less than 50 percent to not less than 100 percent; and

17. Other areas: not less than 50 percent to not more than 100 percent.

(2) Where the floor space ratio is fixed by area in accordance with the urban planning ordinance under paragraph (1), such floor space ratio may be fixed after being subdivided.

(3) Where the building falling under any of the following subparagraphs, which is located in the quasi residental area, the central commercial area, the general commercial area, the neighboring commercial area, the exclusive industrial area, the general industrial area or the quasi industrial area under Article 55 (3) of the Act and deemed not to hinder any traffic, fire-prevention and sanitation, its floor space ratio may be fixed at lower than the ratio computed according to the provisions falling under each of the following subparagraphs as prescribed by the urban planning ordinance:

1. Any building constructed on a site linked to a road in front of it, which is linked to a park, square (excluding any traffic square; hereinafter the same in this Article shall apply), river and other vacant land on which the construction of any building is prohibited or any other building constructed on a site which is linked by not less than 20 meters to a park, square, river and other vacant land on which the construction of any building is prohibited: the ratio obtained by the multiplication of four thirds by the corresponding floor space ratio under the provisions of each subparagraph of paragraph (1); and

2. Any building with its area exceeding 1,000 square meters constructed on a site which is linked by not less than 20 meters to a road with its width exceeding 25 meters: the ratio obtained by the multiplication of five fourth by the corresponding floor space ratio under the provisions of each subparagraph of paragraph (1).

(4) Where the constructor of a building provides part of the site of such building for use as a vacant land of a park, square, road or river in the area or district falling under each of the following subparagraph, in which the building is located under Article 55 (3) of the Act, the floor space ratio of the building may be adjusted into a ratio prescribed by the urban planning ordinance within the limit of not more than two times the floor space ratio under the provisions of each subparagraph of paragraph (1) according to the ratio of the site area provided:

1. The apartment area;

2. The district planning area set by the district planning;

3. The redevelopment area under the Urban Redevelopment Act; and

4. The commercial area.

(5) The floor space ratio of any amusement park, playground and park from among urban planning facilities may be determined separately by the Ordinance of the Ministry of Construction and Transportation notwithstanding paragraph (1).

Article 64(Urban Planning Project Which Can Be Implemented in Urbanization Adjustment Area) #

The term “project prescribed by the Presidential Decree” in Article 57 (1) of the Act means an urban planning project which has to be inevitably implemented in the urbanization adjustment area for the purpose of national defense and public interest and is recognized by the Minister of Construction and Transportation at the request of the heads of central administrative agencies concerned as having no impediments to attaining the objective of designating such urbanization adjustment area.

Article 65(Limitations on Act in Urbanization Adjustment Area) #

(1) The term “kind and size of structure prescribed by the Presidential Decree” in Article 57 (2) 1 of the Act means a structure falling under each of the following subparagraphs, which is constructed by a person who runs the business of agriculture, forest or fishery:

1. Cattle sheds;

2. Compost barn;

3. Silkworm-raising room;

4. Warehouse (including storage and custody facilities);

5. Production facilities (including simple processing facilities);

6. Structure used for management (limited to the case where the area, including the area of the previous structure used for management, is not more than 33 square meters); and

7. Fish farm.

(2) The term “other acts prescribed by the Presidential Decree” in Article 57 (2) 1 of the Act means the act falling under any of the following subparagraphs:

1. The act of constructing a house and a structure attached thereto, which falls under any of the following items:

(a) The expansion of a house (referring to the expansion of area equivalent to not more than 100 square meters, including the area of an existing house); and

(b) The construction of an attached structure (limited to what is attached to a house or a structure equivalent to house and referring to the new construction, expansion, reconstruction or major renovation of an area equivalent to not more than 33 square meters, including the area of an existing structure);

2. The act of installing village joint facilities, which falls under any of the following items:

(a) The construction of farm roads, banks and the installation of erosion-control facilities;

(b) The construction of Saemaul halls;

(c) The expansion, and relocation and construction (including the case where any rice mill is relocated to the urbanization adjustment area because of a public works project undertaken in a area adjacent to the urbanization adjustment area) of any existing rice mill (including any rice mill owned by any private person);

(d) The setup of resting places such as pavilions;

(e) The construction of farming machine repair shops and oil-sale stations (including any farm machine repair shop and any oil-sale station owned by any private person); and

(f) The construction of wharfs and lighter’s wharfs;

3. The act of installing facilities for public interest, facilities for public use and public facilities, etc., which falls under any of the following items:

(a) The installation of facilities for a public-interest project which falls under subparagraph 1 of Article 3 of the Land Expropriation Act;

(b) The restoration of cultural properties and the construction of structures used for managing cultural properties;

(c) The setup of public health centers, police boxes, firehouse branches, post offices and Eup/Myeon/Dong offices;

(d) The setup of public libraries, telephone/telegraph offices, vocational training centers, research institutes, pumping stations, guard posts, shelters, public toilets and the installation of facilities used for training reserves;

(e) The construction of joint purchase-sale stations, loading and unloading stations and warehouses used by agricultural cooperatives under the Agricultural Cooperatives Act and forest and fisheries cooperatives (including cooperative branches at the fishing village level);

(f) The installation of social welfare facilities;

(g) The installation of facilities for preventing environmental contamination;

(h) The installation of correctional facilities; and

(i) The setup of outdoor music halls and outdoor theaters;

4. The act of constructing structures and setting up installations for the mining and manufacturing industries, which falls under any of the following items:

(a) The construction of any factory which is already run by any foreign investor at the time that the urbanization adjustment area is designated, any factory that produces and processes exportoriented goods, any factory set up with the approval of a small and medium business cooperative promotion plan under Article 19 of the Promotion of Small and Medium Enterprises and Encouragement of Purchase of Their Products Act and the expansion of any factory (the expansion area shall be not more than an area equivalent to 100 percent of the total floor area of the existing factory and the alteration of the form and quality of land shall not exceed two times the floor area of the factory to be expanded) and the installation of facilities thereto;

(b) The installation of facilities attached to any factory which is set up in accordance with related Acts and subordinate statutes at the time that the urbanization adjustment area is designated (the leveling of any new site shall not be permitted and such facilities shall be installed on the site of the existing factory);

(c) The construction of provisional structures or the setup of installations necessary for mining minerals subject to the mining concession which is already established under the Minning Industry Act at the time that the urbanization adjustment area is designated; and

(d) The construction of provisional structures and the setup of installations necessary for collecting earth and stones;

5. The reconstruction and major renovations of a building for the same purpose of the existing building and within the same size of the existing building;

6. The construction of provisional structures used for the work of constructing a building or setting up installations which are permitted in the urbanization adjustment area and the construction of provisional structures which produces blocks, cement, bricks, broken stones, ready mixed concrete and asphalt concrete, etc. which are required for such work;

7. The act of changing the purpose of use, which falls under any of the following items: and

(a) The act of changing the purpose of use of a building constructed lawfully in accordance with related Acts and subordinate statutes into an establishment which is permitted to be newly constructed in the urbanization adjustment area;

(b) The cross change of the types of business between two factories (limited to the case where the extent of the emission of pollutants, etc. and air pollution does not exceed the levels prior to such change); and

(c) The act of changing the purpose of use of establishments, such as factories and houses, etc. which are prohibited to be newly constructed in the urbanization adjustment area into neighboring life establishments (supermarkets, daily necessities retail stores, gas-utensil stores, general restaurants, confectioneries, beauty parlors, laundries, public baths, photo studios, woodworking shops, clinics, pharmacies, bonesetters’ offices, massage parlors, acupuncture service offices, maternity clinics, veterinary hospitals, paduk houses, and such sports establishments as billiard rooms, funeral parlors and ping-pong halls and simple repair shops) or religious establishments;

8. The expansion of religious establishment (the leveling of any new site shall not be permitted and the expansion area shall not exceed 200 percent of the total floor space of such religious establishment at the time that the urbanization adjustment area is designated).

(3) The term “other minor act prescribed by the Presidential Decree” in Article 57 (2) 2 of the Act means the act falling under any of the following subparagraphs:

1. The alteration of the form and quality of land which falls under any of the following items: and

(a) The alteration of the form and quality of land for the construction of building or the setup of installations under paragraphs (1) and (2);

(b) The alteration of the form and quality of land for operating public projects under subparagraph 1 of Article 3 of the Land Expropriation Act;

(c) The alteration of the form and quality of land for reclaiming tidal flats for agriculture and fishery and for creating grazing land for livestock; and

(d) The alteration of the form and quality of land for mining minerals subject to the mining concession which is established under the Mining Industry Act at the time that the urbanization adjustment area is designated;

2. The merger and division of land.

Article 66(Standards for Permitting Act in Urbanization Adjustment Area) #

(1) In granting permission under Article 57 (2) of the Act, where such permission impedes attaining the objective of designation the urbanization adjustment area and the rational utilization of the land concerned and other surrounding land, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall not grant such permission.

(2) The standards for permitting the lumbering of trees, reforestation, afforestation and silviculture in the urbanization adjustment area shall be governed by the Forestry Act.

(3) With respect to the act falling under any of the following subparagraphs, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall not deny permission under Article 57 (2) of the Act unless special reasons exist that make it impossible to do so:

1. The minor acts as prescribed in Article 46 (1) and each subparagraph of Article 47;

2. The construction of building under each subparagraph of Article 65, which falls under any of the following items: and

(a) The construction of cattle shed: the area of a cattle shed, including the area of an existing cattle shed per household (referring to one household engaged in agriculture or fishery; hereinafter the same shall apply in this Article) shall be not more than 300 square meters (in case of a lepers’ village, not more than 500 square meters): Provided, That a cattle shed of not more than 100 square meters in area which is located adjacent to the management barn of orchard and grassland may be constructed separately;

(b) The construction of compost barn: the area of the barn, including the area of the existing compost barn, per household shall be not more than 100 square meters;

(c) The construction of silkworm raising-room: the area of such silkworm-raising room per the mulberry tree field of 2,000 square meters or per the mulberry trees of 1,800 shall be not more than 50 square meters;

(d) The construction of warehouse: the area of the warehouse necessary for storing products produced in the land or other land attached thereto in the urbanization adjustment area, including the area of the existing warehouse, shall be not more than 5/ 1,000 of the area of such lands: Provided, That in the case of storing oranges, such area shall be not more than 10/1,000; and

(e) The construction of management structure: the area of the management structure established in orchid, grassland, fruit-tree area or horticultural area shall be not more than 5/1,00 of the area of the land used directly for their production, and the area of the management structure, including the area of the existing management structure, shall be not more than 33 square meters;

3. Minor act falling under each subparagraph of Article 9 (1) of the Building Act.

(4) In granting permission under Article 57 (2) of the Act, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun may, when he deems it necessary to attain the objective of designating the urbanization adjustment area, attach a condition to such permission that necessary measures, such as gardening, be implemented.

(5) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when the contents of permission granted under Article 57 (2) of the Act are feared to hinder an urban planning project undertaken in the urbanization adjustment area, listen to opinion of the implementer of such urban planning project.

(6) The provisions of Article 50 shall apply mutatis mutandis to the permission granted under Article 57 (2) of the Act.

Article 67(Application for Permission, etc.) #

(1) Any person who intends to get permission in the urbanization adjustment area under Article 57 (2) of the Act shall file an application for such permission, in which matters falling under each of the following subparagraphs are entered, with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Kun:

1. The name and domicile of the applicant (in case of a corporation, its name and location, and the name and domicile of its representative);

2. The location and area of a land subject to act permission;

3. The kinds and contents of the act; and

4. The date on which the act is planned to start and the construction work is planned to be completed.

(2) The application for permission referred to in paragraph (1) shall be accompanied by the documents falling under each of the following subparagraphs:

1. Project plan; and

2. Construction work plan (excluding the case of any minor act as prescribed in Article 66 (3)).

Article 68(Formulation of Phased-Implementation Plan) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he intends to draw up a phased-implementation plan under Article 58 (1) of the Act, consult in advance with the heads of administrative agencies concerned.

(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun may examine the second-stage implementation plan every year and select urban planning facilities to be installed in an urban planning project planned to be implemented within 3 years to include such urban planning facilities in the first-stage implementation plan.

(3) The publication of the phased implementation plan under Article 58 (4) of the Act shall be made in the bulletin issued by the local government concerned.

(4) The term “minor matter prescribed by the Presidential Decree” in the proviso of Article 58 (5) of the Act means a change in the phased implementation plan following a minor change in the urban planning under each subparagraph of Article 24 (3) and (4).

Article 69(Designation of Implementer) #

(1) Any person who intends to get him designated as an implementer of an urban planning project under Article 59 (5) of the Act shall file an application in which matters falling under each of the following subparagraphs are entered with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Kun:

1. Type and name of project;

2. Name and domicile of project implementer (in case of a corporation, its name and location, and the name and address of its representative);

3. The owner of land or building, and the name and domicile of the related person under Article 4 (3) of the Land Expropriation Act;

4. Date on which the project is planned to start and be completed; and

5. Fund-raising plan.

(2) Where the urban planning facility project concerned is required to be licensed, authorized and permitted in accordance with other Acts and subordinate statutes, the copies of license certificate, authorization certificate and permission certificate, etc. with respect to the project implementation, shall be accompanied by the application referred to in paragraph (1): Provided, That where the designation of a project implementer is conditioned as the license, authorization and permission under other Acts and subordinate statutes, a written statement issued by the head of an administrative agency concerned may be deemed the said copies.

(3) Where a person, who is designated as the implementer of the urban planning facility project concerned, fails to apply for authorization of the implementation plan for the urban planning facility project without any justifiable reason by the date fixed at the time when he is designated as such implementer, the special Metropolitan City Mayor, the Metropolitan City Mayor, or the head Si or Gu concerned may revoke the designation of the implementer.

Article 70(Authorization of Implementation Plan) #

(1) The implementation plan under Article 61 (1) of the Act (hereinafter referred to as the “implementation plan”) shall include the matter falling under each of the following subparagraphs:

1. The type and name of project;

2. The area and size of project;

3. The name and domicile of project implementer (in case of a corporation, the name and location of such corporation and the name and domicile of its representative); and

4. Date on which the project is planned to start and be completed.

(2) Where a person, who is designated as the implementer, intends to draw up the implementation plan under Article 59 (5) of the Act, he shall in advance listen to the opinions of the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun.

(3) Where the urban planning facility project is dividedly implemented under Article 60 of the Act, the project may be draw up by divided areas.

(4) Any implementer of the urban planning facility shall, when he intends to get authorization for his implementation plan under Article 61 (2) of the Act, file an application for such authorization, accompanied by the documents falling under each of the following subparagraphs, with the Mayor/Do governor:

1. A location map of a place where the project is implemented and a planning flatness;

2. Work drawing and specification (in case of a project for which construction consultations are required to be made under Article 25 of the Building Act, outline drawing and specification);

3. The record, lot number, classification and the detailed statement of rights other than ownership of a land or a building to be used or expropriated;

4. The records and drawings of public facilities to be newly installed in an urban planning facility project and the existing public facilities (limited to the case where an administrative agency is a project implementer);

5. An written appraisal issued by not less than two appraisers with respect to the property of the State or a local government, which is to be made out of use by the implementation of an urban planning facility project (limited to the case where a person who is not an administrative agency is a project implementer);

6. The records and drawings of public facilities to be installed in an urban planning facility project and account statement with respect to costs required for installing such public facilities (limited to the case where a person who is not an administrative agency is a project implementer). In this case, where the land on which the public facilities are to be installed and the land on which the existing public facilities are installed are identical, only the costs subtracting the land price shall be calculated;

7. Documents which are necessary for consultations with the heads of administrative agencies concerned under Article 64 (2) of the Act; and

8. The results of listening to opinions of the Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun under paragraph (2).

Article 71(Public Perusal of Documents, etc.) #

(1) The publication of the implementation plan under Article 62 (1) of the Act shall include the matter falling under each of the following subparagraphs:

1. Summary of application for authorization; and

2. Date, time and place of public perusal.

(2) The publication of any implementation plan under Article 62 (1) of the Act shall be run in dailies which are circulated mainly in the City/ Do concerned.

(3) A change in the minor matter falling under any of the following subparagraphs may be excluded from the publication and public perusal referred to in paragraph (1):

1. A change in the project’s substance within the scope of not changing the place on which the project is to be implemented; and

2. A change in the date on which the project is planned to start and be completed.

(4) Expenses involved in the publication under paragraph (2) shall be borne by the implementer of an urban planning facility project.

Article 72(Publication of Implementation Plan) #

(1) The publication of the implementation plan under Article 63 of the Act shall be made in a manner that the matter falling under each of the following subparagraphs is run in the Official Gazette in the event that the Minister of Construction and Transportation makes such publication and in the bulletin of the City/Do concerned in the event that the Mayor/Do governor makes such publication:

1. The location of a place on which the project is to be implemented;

2. The kind and name of the project;

3. The area and scale of the project;

4. The name and domicile of project implementer (in case of a corporation, its name and address and the name and domicile of its representative);

5. Date on which the project is planned to start and be completed;

6. The location, lot number and classification of a land or a building to be used or expropriated and details of rights other than ownership;

7. The owner of land and building and the domiciles and names of persons involved under Article 4 (3) of the Land Expropriation Act; and

8. Matters concerning the reversion and transfer of public facilities, etc. under Article 71 of the Act.

(2) The Minister of Construction and Transportation or the Mayor/Do governor shall, when he publishes the implementation plan under paragraph (1), notify the heads of administrative agencies of its contents.

Article 73(Service of Publication) #

Any implementer of an urban planning facility project shall, when he intends to serve any publication under Article 66 (1) of the Act, get approval thereof from the competent Mayor/Do governor.

Article 74(Publication of Construction Work Completion) #

(1) Where any urban planning facility project undergoes the inspection of completion under other Acts and subordinate statutes, the portion which undergoes such inspection of completion may be excluded from the inspection of completion under Article 70 (2) of the Act. In this case, the Mayor/Do governor may ask the head of any administrative agency which performs the inspection of completion to notify him of details of such inspection of completion.

(2) The publication with respect to the completion of any construction work under Article 70 (3) and (4) of the Act shall be made in the Official Gazette in the event that such publication is made by the Minister of Construction and Transportation and in the bulletin of the City/Do concerned in the event that such publication is made by the Mayor/Do governor.

Article 75(Disposal of Leveled Site, etc.) #

The State or any local government shall, when it intends to dispose of any property in its possession from among sites leveled and buildings constructed as a result of the implementation of an urban planning facility project under Article 72 of the Act, publish matters falling under each of the following subparagraphs:

1. The sites and buildings are disposed of according to the precedence under each subparagraph of Article 72 of the Act; and

2. The location and area of such sites and buildings intended to be disposed of.

Article 76(Bearing of Costs by Local Governments) #

(1) Total charges under Article 74 (1) of the Act shall not exceed 1/2 of costs required for the urban planning facility project concerned. In this case, such costs required for the urban planning facility project shall not include expenses involved in the survey and measurement, design and management for the urban planning facility project.

(2) The Minister of Construction and Transportation or the Mayor/Do governor shall, when he intends to impose charges on the City/ Do, Si or Gun which benefits from any urban planning facility project under Article 74 (1) of the Act, provide the City/ Do, Si or Gun on which he intends to impose such charges with particulars of the gross amount of costs required for the urban plan ning facility project concerned and the amount of such charges.

(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to the case where the head of Si or the head of Gun intends to get other local government to bear part of costs required for an urban planning facility project under Article 74 (3) of the Act.

Article 77(Bearing of Costs by Manager of Public Facilities) #

(1) The total amount of the charges under Article 75 (1) of the Act shall not exceed 1/3 of the costs required for any urban planning facility project: Provided, That where any urban planning facility project is aimed at upgrading other public facilities, the total amount of the charges may be the whole costs or up to 1/2 of the costs required for such urban planning facility project.

(2) In case of paragraph (1), the costs required for the urban planning facility project shall not include costs involved in survey, measurement, design and management.

(3) The provisions of Article 76 (2) and (3) shall apply mutatis mutandis to the bearing of costs under paragraph (1).

Article 78(Ratio of Subsidies and Loans) #

(1) Any subsidy from the treasury for the cost required for the basic survey under Article 76 (1) of the Act shall not exceed 80 percent of the cost required for such basic survey.

(2) With respect to any urban planning facility project undertaken by any administrative agency under Article 76 (2) of the Act, not more than 50 percent of the construction costs (referring to the compensation that includes construction and appraisal costs, but excludes costs involved in survey, design and management; hereafter the same in this paragraph shall apply) may be subsidized or loaned from the treasury and with respect to any urban planning facility project undertaken by any person who is not an administrative agency, not more than 1/3 of the construction costs may be subsidized or loaned from the treasury.

Article 79(Subcommittees of Central Urban Planning Committee) #

(1) Any subcommittee (hereinafter in this Article referred to as the “subcommittee”) of the Central Urban Planning Committee established pursuant to Article 81 of the Act may be established by area such as traffic and environment, etc., by the type of planning such as the wide-area planning, the urban basic planning and the urban planning, etc. and by case.

(2) The subcommittee shall consist of not less than 5 to not more than 9 members, including one chairman.

(3) Members of the subcommittee shall be elected by the Central Urban Planning Committee from among its members and the chairman of the subcommittee shall be selected from among the members of the subcommittee.

Article 80(Request for Furnishing Data) #

(1) The Central Urban Planning Committee may, when it deems necessary, ask the heads of central administrative agencies to furnish necessary data and seek explanations from the persons of profound academic knowledge with respect to the urban planning.

(2) The Mayor/Do governor, the head of Si or the head of Gun may attend a meeting of the Central Urban Planning Committee to speak about matters concerning the urban planning of his local government.

Article 81(Minutes) #

The secretary of the Central Urban Planning Committee shall make a minute whenever a meeting is held to report such minute to the next meeting and keep minutes made that way.

Article 82(Composition and Operation of City/Do Urban Planning Committee) #

(1) The City/Do Urban Planning Committee shall consist of not less than 20 to not more than 25 members, including one chairman and one vice chairman.

(2) The chairman of the City Urban Planning Committee shall be the vice mayor and the chairman of the Do Urban Planning Committee shall be the vice governor from among City/Do Urban Planning Committees, and the vice chairman of the City/Do Urban Planning Committee shall be elected from among its members.

(3) The members of the City/Do Urban Planning Committee shall be appointed or commissioned by the Mayor/Do governor from among the persons falling under any of the following subparagraphs:

1. Members of the council of the City/Do concerned;

2. Local civil servants of the City/Do concerned; and

3. Persons of academic knowledge and experience in land utilization, traffic, environment, the prevention of disasters and information communications, etc.

(4) The term of office for any member falling under paragraph (3) 3 shall be two years and may be reelected: Provided, That the term of office for any supplementary member shall be the remainder of the term of office for his predecessor.

(5) The chairman of the City/Do Urban Planning Committee shall exercise overall control of the work, calling meetings and presiding over such meetings.

(6) The City/Do Urban Planning Committee shall decide on its agenda with the attendance of a majority of its registered members and with a concurrent vote of a majority of those present.

(7) The City/Do Urban Planning Committee may have one secretary and a few assistant secretaries appointed by the chairman.

(8) The secretary of the City/Do Urban Planning Committee shall, on orders from the chairman, deal with administrative affairs and the assistant secretaries shall assist the secretary.

Article 83(Composition and Operation of Si/Gun/Gu Urban Planning Committee) #

(1) The Si Urban Planning Committee, the Gun Urban Planning Committee and the Gu Urban Planning Committee (hereinafter referred to as the “Si/Gun/Gu Urban Planning Committee”) under Article 85 (2) of the Act shall each consist of not less than 15 to not more than 25 members including one chairman and one vice chairman: Provided, That where not less than two Si/Gun (including Gun in the jurisdictional area of the Metropolitan City; the same in this Article shall apply) or Gu jointly establish the Si/Gun/Gu Urban Planning Committee, its number of members may become up to 32.

(2) The chairman of the Si/Gun/Gu Urban Planning Committee shall be the head of Si/Gun (including the head of Gun in the jurisdictional are of the Metropolitan City; the same in this Article shall apply) and the head of Gu and the vice chairman of the Si/Gun/Gu shall be the vice head of Si/Gun (including the vice head of Gun in the jurisdictional area of the Metropolitan City; the same in this Article shall apply) and the vice head of Ku: Provided, That where not less than two Si/Gun or Gu jointly establish the Si/Gun/Gu Urban Planning Committee, the chairman and vice chairman of such Si/Gun/Gu Urban Planning Committee shall each be the head and vice head of Si/ Gun/Gu having the largest population.

(3) The members of the Si/Gun/Gu Urban Planning Committee shall be appointed or commissioned by the head of Si/Gun/Gu from among the persons falling under each of the following subparagraphs. In this case, the number of members falling under subparagraph 3 shall exceed 2/3 of the total members:

1. Members of the council of the Si/Gun/Gu concerned;

2. Civil servants of the Si/Gun/Gu concerned; and

3. Persons of profound learning and experience in fields related to the urban planning such as land utilization, traffic, environment, the prevention of disasters and information and communications, etc.

(4) The provisions of Article 82 (4) through (8) shall apply mutatis mutandis to the Si/Gun/Gu Urban Planning Committee.

Article 84(Subcommittees of Local Urban Planning Committee) #

(1) The Local Urban Planning Committee established pursuant to Article 85 of the Act (hereinafter referred to as the “Local Urban Planning Committee”) may establish subcommittees to deal with matters delegated by it.

(2) With respect to matters designated especially by the Local Urban Planning Committee from among the matters delegated by the Local Urban Planning Committee to the subcommittees under paragraph (1), the deliberation of such matters by the subcommittees shall be deemed the deliberation of them by the Local Urban Planning Committee.

(3) The provisions of Article 79 shall apply mutatis mutandis to the subcommittees established pursuant to paragraph (1).

Article 85(Allowances, etc.) #

The members and expert members of the Central Urban Planning Committee may be paid allowances and travel expenses within limits of budget under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation in accordance with Article 87 of the Act.

Article 86(Operational Detailed Regulations) #

Matters necessary for operating the Central Urban Planning Committee, other than matters prescribed by this Decree, shall be determined by the Minister of Construction and Transportation and matters necessary for operating the Local Urban Planning Committee shall be determined by the ordinance of the local government concerned.

Article 87(Building, Operation and Utilization of Urban Planning Information System) #

(1) The Minister of Construction and Transportation shall draw up a basic plan for building an urban planning information system to build and utilize such system and facilitate the standardization of such system.

(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of Si or the head of Gun shall, when he intends to build an urban planning information system under Article 91 of the Act, map out a plan for building an urban planning information system, which includes matters falling under each of the following subparagraphs, in line with the basic plan for building an urban planning information system referred to paragraph (1):

1. Matters relating to the development, maintenance and management of the urban planning information system;

2. Matters relating to the standardization of database and the development of a compatible system and their operation; and

3. Matters relating to the utilization of the urban planning information system such as the making of an urban planning and the rendering of services to the public, etc.

(3) The urban planning information system shall be linked to and compatible with the national geography information system built under the Act on Building National Geography Information System and Utilization, etc.

(4) The building, utilization and standardization, etc. of the urban planning information system shall be linked to the basic plan for promoting the informationization and its implementation plan, both drawn up in accordance with the Framework Act on Informationization Promotion.

(5) The Minister of Construction and Transportation shall, when he draws up the basic plan for building the urban planning information system, file a report thereof with the Informationization Promotion Committee established under Article 8 (1) of the Framework Act on Informationization Promotion.

(6) The Minister of Construction and Transportation shall determine standards and procedures for drawing up the basic plan for building the urban planning information system under paragraph (1) and the plan for building the urban planning information system under paragraph (2), and matters necessary for building, operating and managing the urban planning information system after going through deliberation of the Informationization Working-Level Committee established under Article 8 (5) of the Framework Act on Informationization Promotion.

Article 88(Application to Facilities Outside Urban Planning Area) #

(1) The head of Si or the head of Gun shall, when he intends to apply mutatis mutandis the Urban Planning Act to urban infrastructure facilities installed in an area adjacent to the urban planning area under Article 97 (1) of the Act, get authorization from the Mayor/Do governor after giving expressly matters falling under each of the following subparagraphs. In this case, the head of Si or the head of Gun shall furnish a topographical pan on a scale of 1/1000 or 1/5,000 which expressly shows the facilities:

1. The name, location and kind of facilities to which he intends to apply mutatis mutandis the Urban Planning Act;

2. The provisions of the Urban Planning Act that he intends to apply mutatis mtandis; and

3. Reasons why he intends to apply mutatis mutandis the Urban Planning Act.

(2) The Minister of Construction and Transportation or the Mayor/Do governor shall, when he intends to apply mutatis mutandis the Urban Planning Act to the urban infrastructure facilities installed in an area adjacent to the urban planning area under Article 97 (1) of the Act or to grant authorization for the mutatis mutandis application of the Urban Planning Act under paragraph (1), publish the matters of each subparagraph of paragraph (1) in the Official Gazette or in the bulletin of the City/Do concerned.

Article 89(Delegation of Authority) #

(1) The Minister of Construction and Transportation shall delegate his authority with respect to matters falling under each of the following subparagraphs to the Mayor/Do governor in accordance with Article 98 (1) of the Act:

1. Consultations about drawing up a basic plan for urban planning of Gun (limited to Gun located in areas other than Kyongki Province) under Article 6 (2) of the Act;

2. Approval of a basic plan for urban planning of Gun (limited to Gun located in areas other than Kyongki Province) under Article 10 of the Act; and

3. Alteration decision falling under any of the following items from among alteration decisions with respect to the urban planning area under Article 30 of the Act:

(a) Alteration decision with respect to the urban planning area which is not more than 5 square meters in area;

(b) Alteration decision with respect to the urban planning area in an urban area under the Act on the Utilization and Management of the National Territory (excluding the case where the urban planning area is divided or merged); and

(c) Minor alteration decision with respect to the urban planning area, which falls under Article 24 (3) 4 and 5.

(2) The Mayor/Do governor shall, when he performs duties delegated under paragraph (1), make a report thereof to the Minister of Construction and Transportation under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 90(Imposition of Fine for Negligence) #

(1) The Mayor/Do governor, or the head of Si or the head of Gun shall, when he intends to impose a fine for negligence in accordance with Article 103 (3) of the Act, notify any person subject to a disposition taken to impose a fine for negligence on him of the payment of such fine for negligence, expressly giving in writing the fact of violation, the method of raising an objection and a period for which such opposition is raised.

(2) The Mayor/Do governor, or the head of Si or the head of Gun shall, when he intends to impose a fine for negligence in accordance with paragraph (1), give any person subject to a disposition taken to impose a fine for negligence on him an opportunity to state his opinion within a fixed period not less than 10 days. In this case, where he fails to state his opinion by the fixed date, it is deemed that he has no opinion.

(3) In determining the amount of any fine for negligence, the Mayor/Do governor, or the head of Si or the head of Gun shall take into account motives of the violation act concerned and its consequences.

(4) Procedures for collecting any fine for negligence shall be determined by the ordinance of the local government concerned.