ENFORCEMENT DECREE OF THE SEOUL METROPOLITAN AREA READJUSTMENT PLANNING ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Seoul Metropolitan Area Readjustment Planning Act and matters necessary for the enforcement thereof.

Article 2(Extent of Areas Adjacent to Seoul Special Metropolitan City to Be Included in Seoul Metropolitan Area) #

"Its neighboring area prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (hereinafter referred to as the "Act") means Incheon Metropolitan City and Gyeonggi-do.

Article 3(Types of Population-Concentration Facilities) #

"Population-concentrating facilities" under subparagraph 3 of Article 2 of the Act means any of the following facilities. In such cases, when the total floor area of a building falling under the facilities under subparagraphs 3 through 5 or the area of a facility is calculated, the total floor area of each building or the area of each facility shall be added if building sites adjoin and the owners (including users in cases of public buildings under subparagraph 3), of which are the same person: <Amended on Jul. 27, 2009; Mar. 9, 2011>

1. Schools under Article 2 of the Higher Education Act, such as colleges and universities, industrial colleges, teachers' colleges, or junior colleges (including all kinds of schools corresponding thereto; hereinafter the same shall apply);

2. Factories under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act and the total floor area of the buildings (referring to the total floor area of each floor of a building or place of business in which machinery and equipment used as manufacturing facilities are installed) is at least 500 square meters;

3. Any of the following public office buildings (excluding libraries, exhibit halls, performance halls and public office buildings of military units among military installations, and office buildings of the National Intelligence Service and affiliated agencies; hereinafter the same shall apply) and the total floor area of the buildings is at least 1,000 square meters:

(a) Office buildings of central administrative agencies and affiliated agencies;

(b) Offices (including research institutes, training facilities, etc.; hereinafter the same shall apply) of the following corporations (hereinafter referred to as "public corporations"):

(i) A corporation in which the Government has invested at least 50 percent of the capital, or a corporation in which such corporation has invested at least 50 percent of the capital;

(ii) A government-invested enterprise established under the State Property Act;

(iii) A corporation which is eligible for Government contributions under any relevant Act and accepts or has accepted contributions from the Government;

(iv) A corporation to be established under respective statutes, which has been established directly under a relevant statute without obtaining authorization or permission from the competent Minister;

4. Any of the following office buildings, commercial buildings and composite buildings: Provided, That any building used as the office of a corporation in which any local government has made investments or contributions, and any venture business clustering facilities under Article 2 (4) of the Act on Special Measures for the Promotion of Venture Businesses and any special conference facilities among the international conference facilities under Article 3 of the Enforcement Decree of theInternational Conference Industry Promotion Act installed in an area, other than a nature conservation district, shall be excluded:

(a) Office buildings: buildings, the main use〔referring to where the total area of office-use facilities in a building is the largest among the respective areas for different uses as classified in attached Table 1 of the Enforcement Decree of the Building Act (hereinafter referred to as "respective areas for different uses"); hereafter the same shall apply in this item〕of which is for any of the following facilities (hereinafter referred to as "office-use facilities"), and the total floor area of which is at least 25 thousand square meters, or buildings, the main use of which is not for office-use facilities and the total area of the office-use facilities is at least 25 thousand square meters:

(i) Laboratories under subparagraph 10 (e) of attached Table 1 of the Enforcement Decree of the Building Act and general business facilities under 14 (b) of the same Table;

(ii) First-class neighborhood living facilities under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act, second-class neighborhood living facilities under subparagraph 4 of the same Table, cultural and assembly facilities under subparagraph 5 of the same Table (limited to facilities under items (d) and (e) of the same subparagraph) and warehouse facilities under subparagraph 18 of the same Table: Provided, That this shall apply only where the area of each facility is smaller than the total area of the facilities under sub-item (i);

(b) Commercial buildings: the following buildings:

(i) Buildings, the main use (referring to where the total floor space of commercial facilities in a building is the largest among the respective areas for different uses; hereafter the same shall apply in this item) of which is for any of the following facilities (hereinafter referred to as "commercial facilities"), and the total floor area of which is at least 15 thousand square meters, or buildings, the main purpose of which is not for commercial facilities and the total area of the commercial facilities is least 15 thousand square meters:

(ii) Buildings, the main use (refers to where the total area of complex facilities in a building is the largest among the respective areas for different uses; hereafter the same shall apply in this item and item (c)) of which is not for office-use facilities or commercial facilities (hereinafter referred to as "complex facilities"), and the total area of complex facilities is at least 15 thousand square meters, but not exceeding 25 thousand square meters, and the area of commercial facilities exceeds that of office-use facilities;

(c) Composite buildings: buildings, the main use of which is for complex facilities and the total floor area of which is at least 25 thousand square meters, or buildings, the main use of which is not for complex facilities and the total floor area of the relevant complex facilities is at least 25 thousand square meters;

5. In-service training facilities, the total floor area of which is at least 30 thousand square meters, which include education centers under subparagraph 10 (b) of attached Table 1 of the Enforcement Decree of the Building Act, vocational training centers under item (c) of the same subparagraph, and driving and auto repair-related vocational training centers under subparagraph 20 (g) of the same Table: Provided, That any facility established by a local government, or by a corporation in which a local government has made investments or contributions shall be excluded.

Article 4(Types of Large-Scale Development Projects) #

"Project, the type of which is prescribed by Presidential Decree, and the scale of which is not less than those prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means any of the following projects. In such cases, any project, the total area of which is at least the scale determined in the following as a result of partial development or related development over several occasions for the same purpose shall be included: <Amended on Nov. 20, 2009; Dec. 30, 2014>

1. Any of the following projects to create a housing site (hereinafter referred to as "housing site creation project") and the area of which is at least one million square meters:

(a) A housing site development project under the Housing Site Development Promotion Act;

(b) A housing construction project and a site creation project under the Housing Act;

(c) A housing site development project within an industrial complex or a special region under the Industrial Sites and Development Act;

2. Any of the following projects to create industrial sites (hereinafter referred to as "industrial site creation project") and the area of which is at least three hundred thousand square meters:

(a) A project to develop an industrial complex and a project to develop a special region under the Industrial Sites and Development Act;

(b) A project to create a free trade zone under the Act on Designation and Management of Free Trade Zones;

(c) A project to create a complex facilitating collaboration among small and medium enterprises under the Small and Medium Enterprises Promotion Act;

(d) A project to create a factory site for establishment of factories under the Industrial Cluster Development and Factory Establishment Act;

3. Any of the following projects to create tourist resorts (hereinafter referred to as "tourist resort creation project") and the area of district planned for facilities in which is at least one hundred thousand square meters: Provided, That the area of a tourist resort creation project implemented on a reclaimed public water surface shall be at least 300,000 square meters:

(a) A project to create a tourist resort, tourist complex or tourist facilities under the Tourism Promotion Act;

(b) A project to build an amusement park under the National Land Planning and Utilization Act;

Article 5(Types of Industrial Areas) #

"Area, the type of which is prescribed by Presidential Decree, and the scale of which is not less than those prescribed by Presidential Decree" in subparagraph 5 (b) of Article 2 of the Act means any of the following areas: <Amended on Jul. 30, 2009; Apr. 10, 2012; Jun. 20, 2017>

1. An industrial complex under the Industrial Sites and Development Act: Provided, That any free economic zone under the Special Act on Designation and Management of Free Economic Zones among the growth management areas, or industrial complex designated within a returned district or supported urban project zone under the Special Act on Support for Areas Adjacent to Districts Granted to the United States Armed Forces in Korea shall be excluded;

2. A district unit planning zone under Article 51 (3) of the National Land Planning and Utilization Act and a development promotion district under Article 31 (2) 8 of the Enforcement Decree of the same Act, the area subdivided for industrial purposes in which is at least 300,000 square meters.

Article 6(Minor Alterations in Seoul Metropolitan Area Readjustment Plans) #

Amendments of "insignificant matters prescribed by Presidential Decree" in the proviso of Article 4 (2) of the Act refer to alterations to part of the matters falling under the provisions of Article 4 (1) 3 through 9 of the Act insofar as they do not alter the Seoul Metropolitan Area Readjustment Plan on the whole.

Article 7(Public Notice of Seoul Metropolitan Area Readjustment Plans) #

Where the Seoul Metropolitan area readjustment plan has been decided upon pursuant to Article 4 (3) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify the details of the plan and the grounds therefor in the Official Gazette. <Amended on Mar. 23, 2013>

Article 8(Submission of Performance Records of Implementation Plans under Jurisdiction) #

The heads of central administrative agencies and the Seoul Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors (hereinafter referred to as the "Mayor/Do Governor") shall submit their performance records of the implementation plan under their respective jurisdiction under Article 5 (4) of the Act to the Minister of Land, Infrastructure and Transport by no later than January 31 of each year. <Amended on Mar. 23, 2013>

[Title Amended on Nov. 16, 2023]

Article 9(Extent of Region) #

The respective extent of each overconcentration control region, growth management region, and nature preservation region under Article 6 of the Act, shall be as specified in attached Table 1.

Article 10(Restrictions on Acts within Overconcentration Control Region) #

"Schools, public office buildings, in-service training facilities and other population-concentrating facilities prescribed by Presidential Decree" in Article 7 (1) 1 of the Act means any of the following:

1. Schools falling under subparagraph 1 of Article 3 (hereinafter referred to as "schools");

2. Public office buildings falling under subparagraph 3 of Article 3 (hereinafter referred to as "public office buildings");

3. In-service training facilities falling under subparagraph 5 of Article 3 (hereinafter referred to as "in-service training facilities").

Article 11(Easing Restrictions on Acts within Overconcentration Control Region) #

The head of any relevant administrative agency may do any of the following acts, or grant permission, authorization, approval of, or have consultations, etc. (hereinafter referred to as "permission, etc.") for such acts within the overconcentration control region pursuant to Article 7 (2) of the Act: <Amended on Mar. 9, 2011; Mar. 23, 2013>

1. In cases of schools:

(a) Establishment of industrial colleges, junior colleges or graduate schools within the scope consistent with the details of restriction on the total allowable admission quota under Article 24: Provided, That as for industrial colleges and junior colleges, it shall only apply to establishment in an area outside the Seoul Special Metropolitan City;

(b) Increase in the school admission quota within the scope consistent with details of restriction on the total allowable admission quota under Article 24;

(c) Relocation of schools from overconcentration control region (excluding relocation of schools into the Seoul Special Metropolitan City): Provided, That where a university or teachers’ college is relocated, it shall apply only where it is inevitable in view of educational policies, such as the improvement of educational conditions or such relocation is deliberated upon by the Seoul Metropolitan Area Readjustment Committee (hereinafter referred to as the "Seoul Metropolitan Area Readjustment Committee") under Article 21 of the Act in order to ensure balanced development between areas with the city;

(d) Increase in the admission quota of Korea National University of Arts founded under the Decree on the Establishment of Korea National University of Arts to establish its schools;

(e) Converting a nursing junior college, the number of years required to graduate from which is three years, among junior colleges into a nursing college in a university, which meets the following requirements:

(i) That ten years have passed since the establishment of such nursing junior college;

(ii) That the quota of the nursing college intended for conversion shall not exceed the quota of the nursing junior college;

(iii) That such conversion has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee;

(f) New establishment, enlargement, or relocation of universities due to amalgamation of universities and junior colleges (excluding amalgamation of universities outside the Seoul Special Metropolitan City and junior colleges within the Seoul Special Metropolitan City) based on standards for amalgamation of national universities and private universities, which have been publicly notified by the Minister of Education for the structural reform of universities, and which meet the following requirements:

Article 12(Restrictions on Acts within Growth Management Region) #

(1) "Installation or extension of such schools, public office buildings, in-service training facilities and other population-concentrating facilities prescribed by Presidential Decree" in Article 8 (1) of the Act means the new establishment or enlargement of schools, public office buildings or in-service training facilities, other than the following: <Amended on Mar. 9, 2011; Mar. 23, 2013>

1. In cases of schools:

(a) New establishment of industrial colleges, junior colleges, graduate schools, or colleges with an annual admission quota of up to 50 students (refers to universities, the annual admission quota of which is up to 100 in cases of universities in the hi-tech fields, such as computer, communications, design, video, new materials, and bio-technology courses, which are determined and publicly notified by the Minister of Education; hereinafter referred to as "small-scale university") within the scope consistent with the details of restriction on the total allowable admission quota under Article 24: Provided, That where a new small-scale university is established, it shall only apply where such establishment has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee;

(b) Increase in the school admission quota within the scope consistent with details of restriction on the total allowable admission quota under Article 24;

(c) Increase in the school admission quota of small-scale universities for which eight years have not passed since its establishment (limited to an increase within 100 percent of the initial school admission quota, and no increase in the quota under item (b) shall be permitted within eight years since its establishment) and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee;

(d) Relocation of schools from the Seoul Metropolitan area;

(e) New establishment, enlargement, or relocation of universities due to amalgamation of universities and junior colleges based on standards for amalgamation of national universities and private universities publicly notified by the Minister of Education for the structural reform of universities, which meet the following requirements:

(i) That it has been requested by the relevant university or junior college to the Minister of Education after hearing the opinion of the competent Mayor/Do Governor, which was deliberated upon by the Seoul Metropolitan Area Readjustment Committee by no later than December 31, 2012;

Article 13(Restrictions on Acts within Nature Preservation Region) #

(1) "Development projects, the types of which are prescribed by Presidential Decree, and in excess of the scale prescribed by Presidential Decree" in subparagraph 1 of Article 9 of the Act means the following projects. In such cases, any project (excluding any project performed within a residential area, commercial area or industrial area within an urban area, or a development promotion district designated under Article 36 or 37 of the National Land Planning and Utilization Act), the total area of which is at least the scale determined in the following as a result of partial development or related development (hereinafter referred to as "related development") over several occasions for the same purpose shall be included:

1. A housing site creation project: Provided, That the area of a housing site creation project that excludes the construction plan of apartments or row houses among the collective housing under subparagraph 2 of attached Table 1 of the Enforcement Decree of the Building Act, or a housing site creation project performed in an area other than the Sis/Guns where a plan to control the total pollution load under Article 8 of the Act on the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System is formulated and implemented (hereinafter referred to as "area where a plan to control the total pollution load is implemented") shall be at least 30,000 square meters;

2. An industrial site creation project which covers an area of at least 30,000 square meters;

3. A tourist resort creation project with a facility planning district of at least 30,000 square;

4. An urban development project which covers an area of at least 30,000 square meters;

5. A comprehensive regional development project which covers an area of at least 30,000 square.

(2) "Schools, public office buildings, office buildings, commercial buildings, in-service training facilities, and other population-concentrating facilities prescribed by Presidential Decree" in subparagraph 2 of Article 9 of the Act means any of the following facilities: <Amended on Feb. 17, 2022>

1. Schools;

2. Public office buildings;

3. Office buildings, commercial buildings or composite buildings, the area excluding the area of warehouses (limited to facilities that do not discharge sewage under subparagraph 1 of Article 2 of the Sewerage Act) and parking lots of which fall under any item of subparagraph 4 of Article 3;

Article 14(Easing Restrictions on Acts within Nature Preservation Region) #

(1) The head of any relevant administrative agency may do any of the following acts, or grant permission, etc. for such acts within a nature preservation region pursuant to the proviso, with the exception of the subparagraphs, of Article 9 of the Act: <Amended on Mar. 9, 2011; Mar. 23, 2013>

1. Projects which cover an area (referring to the area of a district planned for facilities in cases of a tourist resort creation project) not exceeding 60,000 square meters, and which have been deliberated upon by the Seoul Metropolitan Area Readjustment Committee among the housing site creation projects, urban development projects, comprehensive regional development projects or tourist resort creation projects performed in an area other than an area where a plan to control the total pollution load is implemented;

2. In cases of housing site creation projects, urban development projects, comprehensive regional development projects or tourist resort creation projects performed in an area where a plan to control the total pollution load is implemented:

(a) Any of the following housing site creation projects: Provided, That any housing site creation project performed within any riparian zone designated and publicly notified pursuant to Article 4 (1) of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin shall be excluded:

(i) A housing site creation project performed within a district unit planning zone of at least 100,000 square meters, designated pursuant to Article 51 of the National Land Planning and Utilization Act, among housing site creation projects performed within a residential area, commercial area, industrial area or development promotion district among an urban area (hereafter referred to as "urban area, etc." in this Article) designated under Article 36 or 37 of the National Land Planning and Utilization Act, and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee;

(ii) A housing site creation project performed within a district unit planning zone of less than 100,000 square meters, designated pursuant to Article 51 of the National Land Planning and Utilization Act among housing site creation projects performed within an urban area, etc., where there is no land for additional development because the urbanization, etc. of the surrounding area is already complete, and which has been consulted upon with the Minister of Land, Infrastructure and Transport;

(iii) A housing site creation project performed within a district unit planning zone of 100,000 to 500,000 square meters, designated pursuant to Article 51 of the National Land Planning and Utilization Act, among housing site creation projects performed within an area, other than an urban area, etc., and which has been deliberated upon by the Seoul Metropolitan Area Readjustment Committee;

Article 15(Original Sites) #

"Area not less than that prescribed by Presidential Decree" in Article 11 (2) of the Act means 10,000 square meters or more: Provided, That in cases of the original site within the industrial area under Article 11 (1) of the Act, it means 20,000 square meters or more.

Article 16(Imposition and Collection of Overconcentration Charges) #

(1) "Area prescribed by Presidential Decree" in Article 12 (1) of the Act means the Seoul Special Metropolitan City, "other buildings prescribed by Presidential Decree" means composite buildings under subparagraph 4 (c) of Article 3, and "alteration of usage prescribed by Presidential Decree" means the altered use from non-office use facilities, non-commercial facilities and complex facilities under subparagraph 4 of Article 3 (hereinafter referred to as "office-use facilities, etc.") into office-use facilities, etc.

(2) "Such a cooperative as prescribed by Presidential Decree" in Article 12 (2) of the Act means a consolidation project partnership under Article 35 of the Act on the Improvement of Urban Areas and Residential Environments or other cooperatives organized pursuant to relevant statutes for construction of buildings. <Amended on Feb. 9, 2018>

Article 17(Reduction in or Exemption from Overconcentration Charges) #

The reduction in or exemption from overpopulation charges (hereinafter referred to as "charges") under Article 12 of the Act shall be granted under each of the following: <Amended on Jun. 20, 2017; Feb. 9, 2018; Dec. 19, 2023>

1. No charge shall be imposed on buildings constructed by the State or local governments;

2. Charges shall be reduced by 50/100 for buildings constructed as part of a redevelopment project under the Act on the Improvement of Urban Areas and Residential Environments;

3. Charges shall be reduced or exempted pursuant to attached Table 2 for parking facilities, houses, workplace child care centers under subparagraph 4 of Article 10 of the Infant Care Act or facilities contributed to and accepted selectively by the State or local governments among such buildings;

4. No charge shall be imposed on offices of public corporations (including branch offices) which have jurisdiction over the Seoul Metropolitan Area only among such buildings;

5. Charges shall be reduced or exempted pursuant to attached Table 2 for research institutes built in a complex falling under any of the following subparagraphs among research institutes under subparagraph 10 (e) of attached Table 1 of the Enforcement Decree of the Building Act:

(a) Industrial complexes under Article 2 of the Industrial Sites and Development Act;

(b) Scientific research complexes under Article 29 of the Framework Act on Science and Technology;

(c) Nanotechnology research complexes under Article 16 of the Act on the Promotion of Nanotechnology;

(d) Industrial technology complexes under the Act on Special Cases concerning Support for Technoparks;

6. Charges shall be reduced or exempted pursuant to attached Table 2 for financial establishments among general business facilities under subparagraph 14 (b) of attached Table 1 of the Enforcement Decree of the Building Act to be built in the financial hub under Article 2 of the Act on the Creation and Development of Financial Hubs;

7. No charge shall be imposed in cases of altered use of facilities on which charges have already been imposed among such buildings;

8. Charges shall be reduced or exempted for the area concerned of a building falling under any of the following items pursuant to attached Table 2:

Article 18(Assessment of Charges) #

The methods of assessment of charges under Article 14 (3) of the Act shall be as specified in attached Table 2.

Article 19(Methods of Imposition and Collection of Charges) #

(1) Where the Mayor/Do governor who has jurisdiction over the area in which a building subject to imposition of charges intends to impose and collect charges pursuant to Article 15 (1) of the Act, he or she shall notify the amount of charges to be imposed in advance on the date of building permit, date of building report, or date of alteration of use of the relevant building (excluding cases falling under the proviso of Article 19 (5) of the Building Act) to the person obliged to pay the charges. In such cases, if the total floor area of a building changes due to a change in the matters of building permit, building report, or alteration of use thereof, or if there occurs any other cause for a change in the amount of charges, the amount of charges to be imposed shall be recalculated and be notified the person obliged to pay the charges thereof. <Amended on Dec. 19, 2023>

(2) Where a person obliged to pay the charges, who has been notified of the amount of the charges to be imposed pursuant to paragraph (1), files an application for approval for use or temporary use of the building structure subject to the imposition of such charges, the Mayor/Do governor shall issue a notice for the payment of such charges without delay: Provided, That where any approval for use of a building is not required pursuant to the proviso of Article 19 (5) of the Building Act, a payment notice shall be issued on the date of alteration of usage thereof. <Amended on Dec. 19, 2023>

(3) The Mayor/Do Governor shall keep and manage the charge imposition and collection register, and submit a monthly report on imposition and collection records to the Minister of Land, Infrastructure and Transport by 10th of the following month. <Amended on 24443, Mar. 23, 2013>

(4) The head of each Si/Gun/Gu (refers to the head of an autonomous Gu; hereinafter the same shall apply) within the jurisdiction of the Seoul Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as "City/Do") that impose charges shall submit the data necessary for the imposition of such charges, including the matters permitted or reported with respect to the buildings subject to imposition of charges.

Article 19-2(Methods of Payment for Charges) #

(1) A person obliged to pay may pay the charge with a credit card, debit card, etc. (hereinafter referred to as "credit card, etc.") via a local non-tax revenue collection agency under Article 21 of the Act on the Collection of Local Administrative Penalty Charges (hereinafter referred to as "charge collection agency"). <Amended on Mar. 24, 2020>

(2) Where a charge is paid with a credit card, etc. pursuant to paragraph (1), the approval date of the charge collection agency shall be deemed to be the payment date.

(3) Article 21 (3) and (4) of the Act on the Collection of Local Administrative Penalty Charges shall apply mutatis mutandis to necessary matters in connection with the methods of payment for charges other than those provided for in paragraphs (1) and (2). <Amended on Mar. 24, 2020>

[This Article Newly Inserted on Jun. 20, 2017]

Article 20(Payment of Charges) #

Each Mayor/Do Governor shall pay among the charges collected, by not later than two days after the day on which the charges are collected, to the Bank of Korea (including national treasury agents) or postal service agencies, the amount devolving on the Special Account for Balanced National Development under the Special Act on Balanced National Development. <Amended on May 29, 2009; Mar. 11, 2014; Jun. 20, 2017; Sept. 18, 2018; Jul. 7, 2023>

Article 21(Object of Regulation by Upper Limit to Factory Areas) #

The regulation by upper limit to factories under Article 18 (2) of the Act shall be applicable on the basis of the area that has been filed for application for alteration to the contents of statements in the register of buildings for the purposes of permission for, or reporting on, construction or permission for, or reporting on, an alteration of use under the Building Act, which is an area for the new construction, enlargement or alteration of use (hereinafter referred to as "factory construction") as prescribed by the same Act of the buildings of a factory falling under subparagraph 2 of Article 3 the same Act. <Amended on Jun. 20, 2017>

Article 22(Computation of Upper Limits on Allowable Factory Areas) #

(1) Pursuant to Article 18 (2) of the Act, the Minister of Land, Infrastructure and Transport shall determine the method of computing the upper limits on allowable factory areas following deliberation of the Seoul Metropolitan Area Readjustment Committee and publicly notify the method so determined in the Official Gazette. <Amended on Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall determine, every three years, the upper limits on allowable factory areas (hereinafter referred to as "upper limits on allowable factory areas by City/Do") allocated to each City/Do by the computation method under paragraph (1), following deliberation of the Seoul Metropolitan Area Readjustment Committee, and publicly notify such upper limits in the Official Gazette. The same shall apply where the determined upper limits on allowable factory areas for factory construction is altered. <Amended on Mar. 23, 2013>

(3) Each Mayor/Do Governor shall submit to the Minister of Land, Infrastructure and Transport by January 31 of the year in which the upper limits on allowable factory areas by City/Do are determined, basic data on setting the upper limits on allowable factory areas by City/Do, including the factories construed during the past three years, areas available for factory construction within industrial sites, and factories to be construed for the coming three years. <Amended on Mar. 23, 2013>

(4) Each Mayor/Do Governor shall formulate an annual allocation plan within the upper limits on allowable factory areas by City/Do, and obtain approval from the Minister of Land, Infrastructure and Transport, and publicly notify the details thereof in the official report of the relevant City/Do. The same shall also apply where an approved annual allocation plan is altered. <Amended on Mar. 23, 2013>

(5) Where each Mayor/Do Governor deems it necessary to systematically manage the construction of factories in consideration of regional conditions of a Si/Gun/Gu (refers to autonomous Gu) under his or her jurisdiction, he or she may allocate the upper limits on allowable factory to each region (hereinafter referred to as "annual upper limits on allowable factory areas by region") within the annual allocation plan approved pursuant to paragraph (4) (hereinafter referred to as "annual allocation plan") after consultation with the heads of the relevant administrative agencies, and shall publicly notify the details thereof in the official report issued by the relevant City/Do when he or she allocates the annual upper limits on allowable factory area by region. The same shall apply where the allocated annual upper limits on allowable factory areas by region is altered.

Article 23(Implementation of Upper Limits on Allowable Factory Areas) #

(1) Where the factories annually constructed in a City/Do is likely to substantially exceed the annual allocation plan, the Minister of Land, Infrastructure and Transport may restrict the construction of factories in the City/Do upon specifying the type of business, scale, period, etc., following deliberation of the Seoul Metropolitan Area Readjustment Committee, and shall publicly notify the detail of restriction in the Official Gazette when he or she has restricted the construction factories in such City/Do. <Amended on Mar. 23, 2013>

(2) Where the factories annually construed in a region is likely to substantially exceed the total upper limits on allowable factory areas by region when the total annual upper limits on allowable factory area by region has been allocated pursuant to Article 22 (5), the relevant Mayor/Do Governor may restrict the construction factories the region upon specifying the type of business, scale, period, etc., and shall publicly notify the details of restriction in the official report when he or she has restricted the construction of factories in such region.

(3) Where the head of Si/Gun/Gu has received an application for approval for installation or extension of a factory pursuant to Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act, he or she shall notify the applicant of the total permissible quantity by region and year and whether or not a restriction on construction of a factory is restricted under paragraph (2) immediately. <Newly Inserted on Dec. 19, 2023>

(4) The head of each Si/Gun/Gu shall keep and manage the register of total upper limits on allowable factory areas, and shall submit a monthly report on factory construction to the Minister of Land, Infrastructure and Transport via the Mayor/Do Governor by the 10th of the following month. <Amended on Mar. 23, 2013; Nov. 16, 2023; Dec. 19, 2023>

Article 24(Regulation of Upper Limits for Schools) #

(1) The details of regulation of upper limits for schools under Article 18 (3) of the Act shall be as follows: <Amended on Mar. 9, 2011; Mar. 23, 2013>

1. The Minister of Land, Infrastructure and Transport shall determine the total increase in the annual admission quota for universities and teachers’ colleges, following deliberation of the Seoul Metropolitan Area Readjustment Committee: Provided, That an increase under Articles 12 (1) 1 (c) and 14 (1) 4 (c) shall be disregarded for the purpose of computing the total increase in the annual admission quota;

2. The total increase in the admission quota for industrial colleges, junior colleges or graduate schools shall not exceed the following standards: Provided, That this shall not apply where the Minister of Land, Infrastructure and Transport deems it inevitable for the development of the national economy and for the promotion of public welfare, and determines it otherwise following deliberation of the Seoul Metropolitan Area Readjustment Committee:

(a) Industrial colleges and junior colleges: ten percent of the total increase in the nationwide annual admission quota in the previous year;

(b) Graduate schools: 300 persons each year: Provided, That an increase in the annual admission quota for graduate schools in the hi-tech fields, such as computer, communications, design, video, new materials, and biotechnology courses, which is publicly notified by the Minister of Education in consultation with the Minister of Land, Infrastructure and Transport shall be disregarded for the purpose of computing the total increase in the annual admission quota;

3. The annual admission quota at the time of new establishment, enlargement or relocation of universities due to the amalgamation of universities and junior colleges pursuant to subparagraph 1 (f) of Article 11, Article 12 (1) 1 (e) or 14 (1) 4 (e) shall be separately determined by the Minister of Land, Infrastructure and Transport, following deliberation of the Seoul Metropolitan Area Readjustment Committee, notwithstanding subparagraphs 1 and 2;

4. The annual admission quota of a university or college to be established pursuant to subparagraph 1 (g) of Article 11 or Article 12 (1) 1 (f) shall be separately determined by the Minister of Land, Infrastructure and Transport, following deliberation of the Seoul Metropolitan Area Readjustment Committee, notwithstanding subparagraph 1.

(2) Where the annual admission quota is reduced in line with standards for amalgamation of national universities and private universities, which are publicly notified by the Minister of Education for the structural reform of universities, the Minister of Education shall notify the Minister of Land, Infrastructure and Transport of the details thereof by no later than the end of the relevant year, and the Minister of Land, Infrastructure and Transport shall adjust the total number of admission quota under paragraph (1), reflecting such details. <Amended on Mar. 23, 2013>

Article 25(Plans to Establish Wide-Area Infrastructure) #

(1) The wide-area infrastructure under Article 19 (2) of the Act means the infrastructure in the following subparagraphs, which are established to connect large-scale development project districts and areas outside thereof:

1. Transport system connecting large-scale development project districts and their adjoining Sis;

2. Environmental pollution prevention facilities and waste treatment facilities;

3. Water service facilities established under running water supply plans;

4. Other facilities requiring large-scale reorganization.

(2) Plans to establish wide-area infrastructure under Article 19 (2) of the Act shall include a method of raising necessary financial resources.

Article 25-2(Measures to Prevent Population Concentration Problems) #

Matters necessary for analyzing the population attraction effect and establishing measures to mitigate population concentration to prevent the population concentration problems under Article 19 (3) of the Act shall be as follows:

1. Analyzing the following matters in the areas to be affected by the implementation of a large-scale development project:

(a) Increase or decrease of population, including resident population and working population, which will be caused by major and ancillary facilities to be accommodated following the implementation of a large-scale development project;

(b) Population movement within the Seoul Metropolitan area and population movement between the Seoul Metropolitan area and areas outside the Seoul Metropolitan area, which will be caused by implementation of a large-scale development project;

2. Establishing economically and technically feasible measures to mitigate population concentration, comprehensively taking into consideration the relations with the population attraction effect analyzed pursuant to subparagraph 1.

[This Article Newly Inserted on Aug. 19, 2011]

Article 26(Composition of Seoul Metropolitan Area Readjustment Committee) #

(1) Vice Ministers of the relevant central administrative agencies under Article 22 (3) 1 of the Act shall be the following persons. In such cases, where a central administrative agency has multiple Vice Ministers, the Vice Minister designated by the head of the relevant central administrative agency shall be the member: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Vice Minister of Education;

2. Vice Minister of National Defense;

3. Vice Minister of the Interior and Safety;

4. Vice Minister of Culture, Sports and Tourism;

5. Vice Minister of Agriculture, Food and Rural Affairs;

6. Vice Minister of Trade, Industry and Energy;

7. Vice Minister of Environment;

8. Vice Minister of Land, Infrastructure and Transport;

9. Vice Ministers of the central administrative agencies designated by the Chairperson in connection with the agenda items to be deliberated.

(2) Deputy Mayors or Deputy Governors of Cities or Dos under Article 22 (3) 2 of the Act shall be the following persons, each of whom shall be designated by the Mayor/Do Governor of the relevant City/Do:

1. Deputy Mayor of Seoul Metropolitan City;

2. Deputy Mayor of Incheon Metropolitan City;

3. Deputy Governor of Gyeonggi-do;

[This Article Wholly Amended on Aug. 19, 2011]

Article 26-2(Dismissal of Members of Seoul Metropolitan Area Readjustment Committee) #

Where a member under Article 22 (3) 3 of the Act falls under any of the following, the Minister of Land, Infrastructure and Transport may dismiss the relevant member:

1. Where a member becomes unable to perform his or her duties due to a physical disability or mental disorder;

2. Where a member commits misconduct in connection with his or her duties;

3. Where a member is deemed inappropriate to serve as a member due to negligence of duties, injury to dignity, or other causes;

4. Where a member himself or herself expresses that he or she has difficulties in conducting his or her duties.

[This Article Newly Inserted on Dec. 31, 2015]

Article 27(Convocation of Meetings and Quorum for Passing Resolutions) #

(1) The Seoul Metropolitan Area Readjustment Committee shall convene its regular sessions once each quarter: Provided, That if the Chairperson of the Seoul Metropolitan Area Readjustment Committee (hereinafter referred to as the "Chairperson") deems it necessary, he or she may convene an extraordinary session.

(2) The Seoul Metropolitan Area Readjustment Committee shall open each session with a majority of all incumbent members, including the Chairperson, present and pass resolutions with the affirmative vote of a majority of those present. <Amended on Aug. 19, 2011>

Article 28(Duties of Chairperson) #

(1) The Chairperson shall exercise overall control of the affairs of the Seoul Metropolitan Area Readjustment Committee and take the chair at the meetings.

(2) Where the Chairperson is unable to perform his or her duties due to any extenuating circumstance, a member designated in advance by the Chairperson shall perform the duties on his or her behalf. <Amended on Aug. 19, 2011>

(3) Deleted. <Aug. 19, 2011>

Article 29(Chief Executive Secretary) #

(1) A chief executive secretary and an executive secretary shall be appointed in the Seoul Metropolitan Area Readjustment Committee to perform administrative affairs.

(2) The chief executive secretary and the executive secretary shall be appointed by the Chairperson from among public officials belonging to the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

Article 30(Composition of Seoul Metropolitan Area Readjustment Working Committee) #

(1) The Seoul Metropolitan Area Readjustment Working Committee (hereinafter referred to as the "Working Committee") under Article 23 (1) of the Act shall be comprised of a Chairperson and no more than 25 members.

(2) The First Vice Minister of Land, Infrastructure and Transport shall be the Chairperson of the Working Committee, and its members shall be comprised of public officials, each designated by the head of the administrative agencies from among the public officials in general service belonging to the Senior Civil Service of the Ministry of Education, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport and the central administrative agencies designated by the Chairperson of the Working Committee, Grade II or III public officials of Seoul Special Metropolitan City and Grade III or IV public officials of Incheon Metropolitan City and Gyeonggi-do, and persons entrusted by the Chairperson of the Working Committee from among persons with abundant knowledge and experience in the field of Seoul Metropolitan area readjustment policies. <Amended on 22075, Mar. 15, 2010; Presidential Decree No. 23085, Aug. 19, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>

(3) Members, other than public officials, shall serve for two years.

(4) An executive secretary shall be appointed by the Chairperson of the Working Committee from among public officials belonging to the Ministry of Land, Infrastructure and Transport to perform administrative affairs of the Working Committee. <Amended on Mar. 23, 2013>

Article 30-2(Dismissal of Members of Working Committee) #

Article 26-2 shall apply mutatis mutandis to the dismissal of members of the Working Committee.

[This Article Newly Inserted on Dec. 31, 2015]

Article 31(Convocation of Meetings of Working Committee and Quorum for Passing Resolutions) #

(1) The Working Committee shall convene regular sessions once each quarter: Provided, That if the Chairperson of the Working Committee deems it necessary, he or she may convoke extraordinary sessions.

(2) The Working Committee shall open a session with the presence of a majority of its members including the Chairperson and pass resolutions by the concurrent vote of a majority of the members present.

Article 32(Matters to Be Deliberated upon by Working Committee) #

(1) The Seoul Metropolitan Area Readjustment Committee may delegate all or some of the matters which it shall deliberate upon under Article 21 (2) 4 through 8 of the Act to the Working Committee, after passing a resolution thereon pursuant to Article 23 (2) 2 of the Act.

(2) Where the Seoul Metropolitan Area Readjustment Committee delegates the matters which it shall deliberate upon to the Working Committee pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly notify the details thereof in the Official Gazette. <Amended on Mar. 23, 2013>

(3) Where the Working Committee deliberates and passes resolutions on the matters delegated by the Seoul Metropolitan Area Readjustment Committee pursuant to paragraph (1), such matters shall be deemed deliberated and resolved on by the Seoul Metropolitan Area Readjustment Committee. In such cases, the Chairperson of the Working Committee shall report the details of the matters so deliberated and resolved to the Seoul Metropolitan Area Readjustment Committee.

[This Article Wholly Amended on Aug. 19, 2011]

Article 33(Cooperation from Relevant Agencies) #

(1) Where the Seoul Metropolitan Area Readjustment Committee and the Working Committee consider it necessary for deliberation, they may request the agencies concerned to submit necessary materials, or may hear opinions of public officials of such agencies.

(2) Where agencies or public officials of the agencies concerned receive a request for cooperation under paragraph (1), they shall comply with such request unless otherwise there is good cause for non-compliance.

Article 34(Operational Rules) #

In addition to matters prescribed in Articles 27 through 33, matters necessary for the operation of the Seoul Metropolitan Area Readjustment Committee and the Working Committee shall be determined separately by the Chairperson of the Seoul Metropolitan Area Readjustment Committee.

Article 35(Advice from Specialized Institutions) #

(1) Where the Minister of Land, Infrastructure and Transport deems it necessary for the establishment, revision and implementation of the Seoul Metropolitan Area Readjustment Plan, he or she may seek advice from or request surveys or research to specialized institutions. <Amended on Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport may defray some expenses incurred in seeking advice or conducting surveys and research under paragraph (1) to specialized institution within the budget, and where an administrative agency is in need of such advice or surveys and research, he or she may require the administrative agency to bear the expenses incurred after consultation with the head of such agency. <Amended on Mar. 23, 2013>