ENFORCEMENT DECREE OF PARKING LOT ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Parking Lot Act and matters necessary for enforcing said Act.

[This Article Wholly Amended on Oct. 21, 2010]

Article 1-2(Ratio of parking area of exclusive parking buildings) #

(1) “A building that is used as a parking lot with at least the ratio prescribed by Presidential Decree, out of its gross floor area” in subparagraph 11 of Article 2 of the Parking Lot Act (hereinafter referred to as the "Act") means that the ratio of the portion of the total floor area of a building used as a parking lot is not less than 95 percent; provided, the portion used for any purpose other than a parking lot is a detached house under Appendix 1 of the Enforcement Decree of the Building Act (referring to a detached house under subparagraph 1 of that Appendix; hereinafter referred to as “detached house”), a multi-family housing, Class 1 neighborhood amenities, Class 2 neighborhood amenities, cultural and assembly facilities, religious facilities, sales facilities, passenger facilities, training facilities, business facilities, warehouse facilities, or facilities relating to motor vehicles, the ratio of the portion of the total floor area of a building used as a parking lot is meant to be not less than 70 percent (60 percent in cases of buildings located in a parking environment improvement district under Article 4 (1) of the Act). <Amended on Dec. 30, 2014; Jan, 19, 2016; Feb. 20, 2018; Aug. 16, 2024>

1. Deleted; <Jun. 4, 1996>

2. Deleted. <Jun. 4, 1996>

(2) The method of calculating the total floor area of a building under paragraph (1) shall be governed by the Building Act; provided, the total floor area of a mechanical parking lot shall be calculated by adding the area in which motor vehicles can be parked with the mechanical parking equipment, and the area of machine room and management office, etc.

(3) Notwithstanding the proviso of paragraph (1), in cases of an exclusive parking building in the area where the establishment of off-road parking lots or annexed parking lots is restricted pursuant to Article 12 (6) or Article or 19 (10) of the Act, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing Province governor or the head of Si may limit the types of facilities that can be established in the part of the building used for purposes other than parking lots by zoning district in that area as prescribed by ordinance of the local government.

[This Article Wholly Amended on Oct. 21, 2010]

Article 2(Change of important matters) #

"Where the head of a Si/Gun/Gu intends to change important matters prescribed by Presidential Decree" in the proviso of Article 4-2 (2) of the Act means any of the following:

1. Where designated districts in a parking environment improvement district is changed by at least 10 percent;

2. Where a forecast of parking demand is changed by at least 30 percent.

[This Article Wholly Amended on Oct. 21, 2010]

Article 2-2 #

Deleted. <Jun. 4, 1996>

Article 3(Parking period of motor vehicles subject to change of parking methods at free on-road parking lots) #

"Period prescribed by Presidential Decree" in Article 8-2 (1) 6 of the Act means 1 month (or 15 days where operation is impracticable because the motor vehicle is dismantled or damaged).

[This Article Added on Jul. 9, 2024]

Article 3-2 #

Deleted. <Jul. 7, 2009>

Article 4(Ratio of establishment of parking area exclusive for light motor vehicles and environment-friendly motor vehicles) #

Off-road parking lots established under complex development projects, etc. (hereinafter referred to as a "complex development project, etc.") under Article 12-3 (1) of the Act shall be established with parking areas exclusive for light motor vehicles and environment-friendly motor vehicles which fulfil all of the following proportions, pursuant to paragraph (3) of the same Article:

1. Parking areas combining the exclusive parking areas for light motor vehicles and the exclusive parking areas for environment-friendly motor vehicles: More than 10/100 of the total number of parking spots;

2. The exclusive parking for environment-friendly motor vehicles: More than 5/100 of the total number of parking spots.

[This Article Wholly Amended on Mar. 30, 2021]

Article 5(Parking period of motor vehicles subject to change of parking methods at free off-road parking lots) #

"Period prescribed by Presidential Decree" in Article 15 (2) 4 of the Act means 1 month (or 15 days where operation is impracticable because the motor vehicle is dismantled or damaged).

[This Article Added on Jul. 9, 2024]

Article 5-2 #

Deleted. <Jul. 27, 2000>

Article 6(Standards for establishment of annexed parking lot) #

(1) Types of facilities to be established in annexed parking lots and standards for establishment of annexed parking lots pursuant to Article 19 (3) of the Act shall be as specified in Appendix 1; provided, the type of facilities may be subdivided or the standards for establishment of annexed parking lots may be prescribed separately by Ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing Province, or a Si/Gun (excluding a Gun of a Metropolitan City; hereafter the same shall apply in this Article) in the following cases: <Amended on Jul. 19, 2016>

1. Where the application of standards under Appendix 1 is significantly inappropriate to distant, remote, or island areas, trunk road side in downtowns, or other areas due to the special characteristics of areas;

2. Where the area concerned is a control area under subparagraph 2 of Article 6 of the National Land Planning and Utilization Act and is unlikely to have any parking difficulty;

3. Where the standards for establishment of annexed parking lots of detached houses or multi-family housing are determined by dwelling unit or the standards for establishment of annexed parking lots of lodging facilities or officetels out of business facilities are determined by room unit;

4. Where a mechanical parking lot is to be established and the standards for establishment of such mechanical parking lot are to be determined differently from the standards for establishment of annexed parking lots under Appendix 1, considering the rate of securing parking lots, status on parking lot usage, or traffic conditions;

5. Where facilities such as housing are built in restricted areas with no public access allowed, such as an area where diplomats or their families reside in a foreign mission in Korea;

6. Where a factory is built with an area of 10,000 square meters or more;

7. Where facilities, such as sales facilities, cultural and assembly facilities, etc., which are frequently accessed by motor vehicles for passengers and freight (only referring to medium-sized or large-sized motor vehicles for passengers and freight) under Article 3 (1) 2 of the Motor Vehicle Management Act are to be established.

(2) Where the Special Metropolitan City, Metropolitan City, Special Self-Governing Province, Si/Gun deems it necessary to efficiently cope with the characteristics of parking demand or the increase or decrease of the parking demand, the Special Metropolitan City, the Metropolitan City, the Special Self-Governing Province, the Special Self-Governing Province, may strengthen or relax the standards for establishment of annexed parking lots within the range of half of the standards for establishment of annexed parking lots under Appendix 1 by ordinance of the local government. In such cases, the degree of strengthening or relaxing the standards may be determined differently by type and size of each facility by subdividing the types and sizes of the facilities in Appendix 1.

Article 7(Nearby establishment of annexed parking lot) #

(1) "The scale prescribed by Presidential Decree" in the former part of Article 19 (4) of the Act means the size of 300 parking slots; provided, in cases falling under any of the following subparagraphs, it means the scale equivalent to the number of parking slots calculated according to the standards for establishment of an annexed parking lot under Appendix 1: <Amended on Jan. 19, 2016>

1. Where the facilities are located in a place where vehicle traffic is prohibited pursuant to Article 6 of the Road Traffic Act;

2. Where an annexed parking lot is established on the site adjacent to the site of a facility or on the site connected with passageways to the site of the facility;

3. Where a facility adjoins a road less than 12 meters wide and an annexed parking lot is established on a site opposite to the road adjoining the site of the facility (referring to the parcel of land in front of the facility sitting on the opposite side of the road adjoining to the site of the facility and the parcels of land located to the left and the right of the facility), adjoining the opposite side of the road adjoining the site of the facility;

4. Where a facility is an industrial complex under subparagraph 8 of Article 2 of the Industrial Sites and Development Act.

(2) The scope of the vicinity of the site of the facility under the latter part of Article 19 (4) of the Act shall be prescribed by ordinance of the Special Self-Governing Province, Si/Gun/autonomous Gu (hereinafter referred to as the "Si/Gun/Gu") within the scope of any of the following subparagraphs:

1. Within a straight line distance of 300 meters from the boundary line of the property to the boundary line of the annexed parking lot, or within a walking distance of 600 meters;

2. A Dong/Ri where the facility is located (referring to administrative Dong/Ri; hereafter the same shall apply in this subparagraph) and an adjacent Dong/Ri deemed recognized as having convenient access to the facility.

[This Article Wholly Amended on Oct. 21, 2010]

Article 8(Exemption from obligation of establishment of annexed parking lot) #

(1) The location, use, and scale of facilities that are exempt from the obligation to establish an annexed parking lot pursuant to Article 19 (5) of the Act, and the size of the annexed parking lot shall be as follows:

1. Location of facilities:

A. A place where the governor of the Special Self-Governing Province or the head of Si/Gun/autonomous Gu (hereinafter referred to as "head of the competent Si/Gun/Gu") recognizes that it is difficult to establish an annexed parking lot under Articles 6 and 7 due to the prohibition of vehicle traffic under Article 6 of the Road Traffic Act or the surrounding land use situation;

B. A place recognized by the head of Si/Gun/Gu as likely to aggravate the congestion of automobile traffic because the entrance and exit to the annexed parking lot is placed on the trunk road side of downtowns, etc.;

2. Uses and scale of facilities: Facilities that do not correspond to sales facilities and transportation facilities with a gross floor area of 10,000 square meters or more, or facilities that do not correspond to cultural and assembly facilities (referring only to a performance hall, assembly hall, or auditorium), amusement facilities, lodging facilities, or business facilities which holds a total floor area of not less than 15 thousand square meters (in the case of facilities in places where vehicle traffic is prohibited pursuant to Article 6 of the Road Traffic Act, referring to the facilities established within the scope of the total floor area allowed for construction by use as prescribed by the Building Act);

3. The scale of an annexed parking lot: The scale of not more than 300 parking slots (in the case of a place where vehicle traffic is prohibited pursuant to Article 6 of the Road Traffic Act, referring to the scale equivalent to the number of parking slots calculated according to the standards for establishment of an annexed parking lot in Appendix 1).

(2) A person who intends to be exempted from the obligation to establish an annexed parking lot pursuant to Article 19 (5) of the Act shall submit to the head of Si/Gun/Gu a written application for exemption from the obligation to establish an annexed parking lot, stating the matters in the following subparagraphs:

1. Location, use, and scale of facilities;

2. Scale of the annexed parking lot to be established;

3. Matters concerning the payment of expenses necessary for the establishment of an annexed parking lot, and the relevant expenses if the obligation to establish an annexed parking lot is exempted;

Article 9(Payment of parking lot establishment costs) #

A person who intends to be exempted from the obligation to establish an annexed parking lot pursuant to Article 19 (5) of the Act shall pay the costs required for establishing an annexed parking lot to the head of Si/Gun/Gu according to the classification in the following subparagraphs, as prescribed by ordinance of the relevant local government:

1. Prior to obtaining permission, authorization, etc. for the construction or establishment of the facilities concerned: 50 percent of the costs required for establishment of the facilities concerned;

2. Before an application for the completion inspection of the relevant facility (in the case of a building structure, referring to the approval for use or approval for temporary use under Article 22 of the Building Act): 50 percent of the expenses required for the establishment of the relevant facility.

[This Article Wholly Amended on Oct. 29, 2012]

Article 10(Free use of parking lot by payer of parking lot establishment costs) #

(1) Where the head of Si/Gun/Gu has received costs required for the establishment of an annexed parking lot from the owner of a facility pursuant to Article 9, in issuing the certificate of completion inspection of the facility (in the case of a building, referring to a written approval for use or a written approval for temporary use under Article 22 of the Building Act; hereinafter the same shall apply), he or she shall designate the parking lots that the owners of the relevant facilities may use free of charge from among the annexed parking lots that have been established by the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu; provided, this shall not apply to the case where there is no available annexed parking lot in the vicinity of the site of the facilities falling under the scope under Article 7 (2).

(2) The period during which a parking lot may be used free of charge pursuant to the main clause of paragraph (1) shall be calculated by dividing by the charges to be collected according to the standards for collection of parking fees of the relevant parking lot at the time of issuing the certificate of confirmation of completion inspection of building structures in accordance with the method prescribed by ordinance of the relevant local government.

(3) Where the head of Si/Gun/Gu designates an annexed parking lot to be used by the owner of a facility free of charge pursuant to the main clause of paragraph (1), he or she shall designate the parking lot that is closest to the relevant facility ; provided, where serious parking difficulties in the relevant parking lot or other circumstances under which it is difficult to use the relevant parking lot exist, he or she may designate a parking lot other than the said parking lot with the consent of the owner of the facilities concerned.

(4) Where the annexed parking lot that the head of Gu intends to designate as a free-use parking lot pursuant to the main clause of paragraph (1) is an annexed parking lot established by the Special Metropolitan City Mayor or the Metropolitan City Mayor, the head of Gu shall consult in advance with the relevant Special Metropolitan City Mayor or the Metropolitan City Mayor.

[This Article Wholly Amended on Oct. 21, 2010]

Article 11(Existing facilities) #

(1) "Facilities prescribed by Presidential Decree" in Article 19 (11) of the Act means facilities with the area of more than 10 square meters available for additional establishment of annexed parking lots within the facilities or within the site of facilities, including detached houses, multi-family housing, or officetels.

(2) Detailed matters necessary for methods, etc. of establishing annexed parking lots additionally established to the facilities under paragraph (1) may be prescribed by ordinance of the local government.

[This Article Wholly Amended on Oct. 21, 2010]

Article 11-2(Facilities subject to designation of open parking lots) #

"Facilities prescribed by Presidential Decree" in Article 19 (13) of the Act means any of the following facilities:

1. Facilities falling under any of the following categories of which the person who owns or manages the facility has agreed the annexed parking lot to be designated as open parking lot:

A. Public-use facilities located in downtowns or residential districts, etc. with serious parking difficulties, such as sale facilities, cultural facilities, or sports facilities;

B. Facilities required to be designated as open parking lot and prescribed by ordinance of the Si/Gun/Gu;

2. Facilities of which the person who owns or manages the facility requests the annexed parking lot to be designated as open parking lot.

[This Article Added on Aug. 4, 2020]

Article 11-3(Parking period of motor vehicles subject to change of parking methods at annexed parking lots, other than open parking lots) #

"Period prescribed by Presidential Decree" in Article 19-3 (3) 3 of the Act means 1 month (or 15 days where operation is impracticable because the motor vehicle is dismantled or damaged).

[This Article Added on Jul. 9, 2024]

Article 12(Alteration of use of annexed parking lots) #

(1) "Cases which meet standards prescribed by Presidential Decree" in Article 19-4 (1) 3 of the Act means any of the following: <Amended on Apr. 10, 2012; Oct. 29, 2012; Sep. 11, 2014; Jul. 19, 2016>

1. Where the head of the competent Si/Gun/Gu recognizes that the use of the parking lot is actually impossible due to prohibition against vehicle traffic or conditions of nearby land use under Article 6 of the Road Traffic Act; in such cases, where grounds for impracticable use as parking lot cease to exist, the use after the alteration shall be limited to cases where the land can be easily reinstated as parking lot immediately and the period of use after the alteration shall be limited to the period of impracticable use as parking lot;

2. When the parking lot is to be used temporarily as determined and publicly notified by the head of the competent Si/Gun/Gu for the purpose of revitalizing the local economy, such as opening a direct sales market, the head of the competent Si/Gun/Gu recognizes that there is no obstacle to the use of the parking lot;

3. Where a parking lot exceeds the standards for establishment of annexed parking lots or standards for establishment restriction thereof under Article 6 or Article 19 (1) of the Act (where the standards for establishment of annexed parking lots or standards for establishment restriction thereof are changed after the establishment of the facilities due to amendments of statutes or regulations, or ordinances, referring the changed standards for establishment of annexed parking lots or standards for establishment restriction thereof) and the excess portion of the parking lot has been confirmed by the head of the competent Si/Gun/Gu;

4. Where a parking lot that has become unusable in whole or in part due to urban or Gun planning facility project under subparagraph 10 of Article 2 of the National Land Planning and Utilization Act, has been confirmed by the head of the competent Si/Gun/Gu;

5. Where an annexed parking lot established in the vicinity of the facility pursuant to Article 19 (4) of the Act or an annexed parking lot whose location has changed from the inside of the facility or the site to a nearby site pursuant to Article 19-4 (1) 2 of the Act or subparagraph 6 of this paragraph is relocated and established in the vicinity of the site of the facility;

6. Where the parking lot of a factory in an industrial complex under subparagraph 8 of Article 2 of the Industrial Sites and Development Act is relocated and established in the vicinity of the site of the facility under the latter part of Article 19 (4) of the Act;

Article 12-2(Application for safety certification of mechanical parking equipment) #

(1) A manufacturer or a person (referring to a person who intends to transfer, lease, or install mechanical parking equipment by manufacturing, assembling, or importing it ) who intends to obtain a certification regarding the safety of a mechanical parking equipment (hereinafter referred to as "safety certification") pursuant to Article 19-6 (1) of the Act shall apply to the Minister of Land, Infrastructure and Transport (referring to a designation certification agency in cases of having the designated certification agency under Article 19-12 (1) of the Act perform the safety certification pursuant to the same Article) for a safety certification or a change in the safety certification by attaching the safety inspection results issued by an inspection agency under Article 19-6 (2) of the Act, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 16, 2024>

(2) "Changes to minor matters prescribed by Presidential Decree" in the proviso of Article 19-6 (1) of the Act means the following cases:

1. Where the number of cars that the mechanical parking equipment can accommodate to is changed to less than the number of cars for which it obtains the safety certification;

2. Where the size of entrances, aisles, parking slots, and safety devices of mechanical parking equipment are changed within the scope of safety standards under Article 19-7 of the Act.

[This Article Wholly Amended on Oct. 21, 2010]

Article 12-3(Pre-service inspection of mechanical parking lots) #

(1) The validity period of the pre-service inspection under Article 19-9 (2) of the Act shall be three years, and the validity period of the periodic inspection shall be two years. <Amended on Jan. 19, 2016>

(2) Notwithstanding paragraph (1), if an in-depth safety inspection is performed pursuant to Article 19-23 (1) of the Act before the expiration of the validity period of the pre-service inspection or periodic inspection, the validity period of the next periodic inspection shall be calculated from the date of the in-depth safety inspection. <Added on Feb. 20, 2018; Oct. 23, 2018>

(3) The inspection period for periodic inspection under paragraph 1 shall be within 31 days before and after the expiration date of the pre-service inspection or periodic inspection, respectively. In such cases, where a conformity determination is made within the inspection period, the periodic inspection shall be deemed to have been performed on the expiration date of the pre-service inspection or periodic inspection. <Added on Jan. 19, 2016; Feb. 20, 2018>

(4) Where a person who has installed a mechanical parking lot pursuant to Article 19-9 (1) of the Act or the manager of the relevant mechanical parking lot (hereinafter referred to as "manager, etc. of a mechanical parking lot") changes components, pallets, or steel frames of the main operating system of mechanical parking equipment, he or she shall request an occasional inspection under paragraph (2) 3 (a) of the same Article before using the relevant parking lot. <Added on Aug. 16, 2024>

(5) "Extenuating circumstances prescribed by Presidential Decree" in the proviso of Article 19-9 (2), with the exception of its subparagraphs, of the Act means any of the following: <Amended on Jan. 19, 2016; Aug. 16, 2024>

1. Where it becomes impracticable to use the building structure and mechanical parking lot due to a defect in the building structure in which the mechanical parking lot is established;

2. Where the use of a mechanical parking lot (excluding an annexed parking lot of which establishment is mandatory pursuant to Article 19 of the Act) is suspended;

3. Where a natural disaster occurs or there exists any unavoidable cause that makes it impossible to undergo a periodic inspection or occasional inspection.

(6) Any person who intends to postpone a regular inspection or occasional inspection under Article 19-9 (2) 3 (b) of the Act for any of the reasons under the subparagraphs of paragraph (5) shall file an application for postponement before the following deadlines, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Aug. 16, 2024>

Article 12-4(Designation of designated certification agencies) #

(1) A person who intends to be designated as a designated certification agency under Article 19-12 (1) of the Act or an inspection agent performing the affairs concerning inspections under paragraph (2) of the same Article shall submit an application for designation to the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) The requirements for designation to be met by a person who intends to be designated as a designated certification agency pursuant to Article 19-12 (1) of the Act shall be as specified in Appendix 1-2.

(3) The requirements for designation to be met by a person who intends to be designated as an inspection agent pursuant to Article 19-12 (2) of the Act shall be as specified in Appendix 2.

[This Article Wholly Amended on Aug. 16, 2024]

Article 12-5(Demolition of mechanical parking equipment) #

(1) "The period prescribed by Presidential Decree" in Article 19-13 (1) 1 of the Act means five years. <Amended on Jul. 19, 2016>

(2) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to demolish mechanical parking equipment pursuant to Article 19-13 (4) of the Act in consideration of the current status of supply and demand of mechanical parking lots, characteristics of use, etc., he or she may loosen the standards for the establishment of annexed parking lots in Appendix 1 within the scope of 1/2 by ordinance of the relevant local government. <Added on Jul. 19, 2016>

(3) In cases of a parking lot established in accordance with the standards for the establishment of annexed parking lots loosened pursuant to paragraph (2), where the relevant facilities are extended or the standards for the establishment of annexed parking lots are changed to the use for which the standards for the establishment of annexed parking lots are strengthened, the standards for the establishment of annexed parking lots in Appendix 1 shall apply to the extension or change of the use thereof, notwithstanding paragraph (2). <Added on Jul. 19, 2016>

[This Article Wholly Amended on Oct. 21, 2010]

Article 12-6(Standards for registration of repair business) #

(1) The technical personnel and facilities to be equipped by a person who intends to register a repair business of mechanical parking equipment pursuant to Article 19-14 (1) of the Act (hereinafter referred to as "repair business") shall be as specified in Appendix 3. <Amended on Dec. 28, 2011>

(2) The head of a Si/Gun/Gu shall grant registration, except where an application for registration filed under Article 19-14 (1) of the Act falls under any of the following subparagraphs: <Added on Dec. 28, 2011>

1. Where an applicant for registration falls under any subparagraph of Article 19-15 of the Act;

2. Where an applicant fails to meet the standards for registration of repair business prescribed in Appendix 3;

3. Where restrictions imposed under the Act or other statutes or regulations are violated.

[This Article Wholly Amended on Oct. 21, 2010]

[Title Amended on Dec. 28, 2011]

Article 12-7(Indemnity insurance for accidents in mechanical parking lots) #

(1) Insurance that a person who has registered his or her repair business pursuant to Article 19-14 (1) of the Act (hereinafter referred to as "repair business entity") and a manager, etc. of a mechanical parking lot under Article 19-16 (2) of the Act are required to purchase pursuant to Article 19-16 (1) and (2) of the Act shall meet all of the following criteria:

1. The type of insurance shall be an accident liability insurance for a mechanical parking lot or an insurance including the same details;

2. The amount of insurance shall meet each of the following criteria classified as follows:

(a) In cases of physical damage: The maximum amount of compensation per accident shall be at least 100 million won;

(b) In the case of personal damage: The amount shall be more than the following amount per victim:

1) In cases of death: 150 million won per person; provided, where the amount of damage is less than 20 million won, 20 million won shall apply;

2) In cases of injuries: 30 million won;

3) Where, after treatment for an injury, further treatment is no longer expected to improve the underlying condition and with symptoms persisting, the injury results in a physical disability (hereafter referred to as "sequelae" in this Article): 150 million won;

4) Where he or she falls under at least 2 of the damages under subitems 1) through 3) in 1 case: The amount calculated according to the following formula:

a) Where an injured person dies from the injury during treatment: The sum of the amounts under 1) and 2);

b) Where an injured person has sequelae from the injury: The sum of the amounts under 2) and 3);

c) Where an injured person with sequelae dies from the injury that caused such sequelae: The amount calculated by subtracting the amount of damages, applicable from the date of death, out of the amount under 3) from the sum of the amounts under 1) and 3);

3. The insurance shall be maintained during the period of operating the repair business or mechanical parking equipment.

(2) "Mechanical parking equipment, the size of which is equal to or larger than a certain size prescribed by Presidential Decree" in Article 19-16 (2) of the Act means mechanical parking equipment which can accommodate at least 20 motor vehicles (where 2 or more mechanical parking equipment is installed in one parking lot, the total number of motor vehicles which can be accommodated by each mechanical parking equipment shall be at least 20).

Article 12-8 #

Deleted. <Feb. 11, 2016>

Article 12-9(Standards for revocation of registration) #

(1) The standards for revoking registration or suspending business operations under Article 19-19 (2) of the Act shall be as prescribed in Appendix 4.

(2) When the head of a Si/Gun/Gu revokes registration or suspends business pursuant to paragraph (1), he or she may aggravate or mitigate the disposition in consideration of the severity, frequency, etc. of violations. In such cases, the head of a Si/Gun/Gu may mitigate the disposition to six months in cases of revocation of registration, and the head of a Si/Gun/Gu may aggravate or mitigate the disposition by up to 1/2 of the period of the relevant period of business suspension in cases of business suspension.

(3) Where a violator without intention or gross negligence is a micro enterprise under Article 2 of the Framework Act on Micro Enterprises and where a disposition in Appendix 4 is its business suspension, the head of a Si/Gun/Gu may mitigate the disposition standards within the range of 70/100 of the disposition standards in consideration of the following matters; provided, such mitigation shall not overlap with the mitigation under paragraph (2): <Added on Apr. 25, 2023>

1. Whether it is objectively deemed difficult for the violator to engage in the business any longer due to the relevant administrative disposition;

2. Whether the conditions of the market or the industry to which the violator belongs have substantially changed or have deteriorated continuously due to an economic crisis, etc.

[This Article Wholly Amended on Oct. 21, 2010]

Article 12-10(Appointment of managers of mechanical parking equipment) #

"Mechanical parking equipment exceeding a certain size specified by Presidential Decree" in Article 19-20 (1) of the Act means a mechanical parking equipment with the accommodation of at least 20 parking slots.

[This Article Added on Feb. 11, 2016]

[Previous Article 12-10 moved to Article 12-11 <Feb. 11, 2016>]

Article 12-11(Entrustment of affairs of establishment and operation of information network of mechanical parking lots) #

The Minister of Land, Infrastructure and Transport shall entrust the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") with affairs concerning the establishment and operation of the information network of mechanical parking lots pursuant to Article 19-21 (3) of the Act. <Amended on Feb. 20, 2018>

[This Article Added on Jul. 19, 2016]

[Previous Article 12-11 moved to Article 12-12 <Jul. 19, 2016>]

Article 12-12(Composition and operation of accident investigation committee) #

(1) An accident investigation and judgment committee under Article 19-22 (6) of the Act (hereinafter referred to as the "committee") shall be comprised of at least 12 but not more than 20 members, including 1 chairperson. <Amended on Aug. 16, 2024>

(2) The chairperson shall be appointed by the Minister of Land, Infrastructure and Transport from among the commissioned members under paragraph (3) 2.

(3) Members shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among any of the following persons; in such cases, 1 member shall be appointed under subparagraph 1: <Amended on Aug. 16, 2024>

1. Appointed member: A person who is a public official of Grade IV or higher of the Ministry of Land, Infrastructure, and Transport, in charge of affairs concerning mechanical parking lots, or members in general service of the Senior Executive Service;

2. Commissioned member: Any of the following persons who have abundant expertise or experience in mechanical parking lots:

(a) A person with a minimum of five years' experience after obtaining qualification as a lawyer;

(B) A person who has been serving or has served as an associate professor for at least five years, teaching in subjects such as machinery, electricity, or safety management at universities and colleges under the Higher Education Act;

(c) A person who has served as a public official of Grade IV or higher or a public official in general service belonging to the Senior Executive Service in an administrative agency for at least two years;

(d) A person who has been working or has worked for the Korea Transportation Safety Authority or a specialized inspection institution designated pursuant to Article 19-12 (2) of the Act for at least 10 years;

(e) A person who has been working or has worked in charge of the affairs of design, manufacture, construction, maintenance, etc. for at least 10 years at an enterprise related to mechanical parking lots.

(4) The term of office of commissioned members under paragraph (3) 2 shall be 3 years, and they may be reappointed only once; provided, where the committee is dissolved pursuant to Article 19-22 (8) of the Act, the term of office shall expire at the time of dissolution. <Amended on Aug. 16, 2024>

(5) Meetings of the Committee shall be comprised of five members designated by the Chairperson for each Meeting from among the Chairperson, appointed members and commissioned members.

Article 12-13(Dismissal of members) #

Where any member of the Committee falls under any of the following, the Minister of Land, Infrastructure and Transport may dismiss or withdraw the appointment of such 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 the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other reasons;

4. The member voluntarily indicates that it is impracticable for him or her to perform his or her duties.

[This Article Added on Oct. 23, 2018]

[Previous Article 12-13 Moved to Article 12-16 <Oct. 23, 2018>]

Article 12-14(Affairs of Committee) #

The affairs of the committee are as follows: <Amended on Aug. 16, 2024>

1. Review of details of serious accidents reported pursuant to the latter part of Article 19-22 (1) of the Act;

2. Investigation into the causes, circumstances, etc. of accidents to prevent and prevent recurrence of mechanical parking lot accidents under Article 19-22 (3) of the Act;

3. Determination on causes, etc. of mechanical parking lot accidents investigated by the Korea Transportation Safety Authority pursuant to Article 19-22 (6) of the Act.

[This Article Added on Oct. 23, 2018]

[Previous Article 12-14 Moved to Article 12-17 <Oct. 23, 2018>]

Article 12-15(Timing of in-depth safety inspection of mechanical parking lots) #

(1) The first in-depth safety inspection under Article 19-23 (1) 3 of the Act shall be conducted between180 days before the expiration date (hereafter referred to as "expiration date" in this paragraph) of the effective period of a periodic inspection in which ten years from the date a mechanical parking lot is established and the expiration date, and where it is determined to be compliant during the relevant inspection period, it shall be deemed to have undergone an in-depth safety inspection on the expiration date. <Amended on Oct. 23, 2018>

(2) The in-depth safety inspection under Article 19-23 (1) 3 of the Act shall be conducted within 31 days before or after the date (hereafter referred to as the "expiration date" in this paragraph) when four years have expired from the first in-depth safety inspection under paragraph (1), and where it is determined to be compliant during the relevant inspection period, it shall be deemed to have undergone an in-depth safety inspection in the expiration date. <Amended on Oct. 23, 2018>

[This Article Added on Feb. 20, 2018]

[Moved from Article 12-12; previous Article 12-15 moved to Article 12-18 <Oct. 23, 2018>]

Article 12-16(Standard for and items, methods of in-depth safety inspection of mechanical parking lots) #

The standards for, items, methods, etc. of conducting in-depth safety inspections under Article 19-23 (6) of the Act shall be governed by the standards, items, methods, etc. publicly notified by the Minister of Land, Infrastructure and Transport in consideration of all of the following matters: <Amended on Oct. 23, 2018>

1. Standards for establishment of mechanical parking lots under Article 19-5 of the Act;

2. Safety standards for mechanical parking lots under Article 19-7 of the Act;

3. Structure and operation methods of mechanical parking equipment;

4. Characteristics of technology applied to mechanical parking lots.

[This Article Added on Feb. 20, 2018]

[Moved from Article 12-13; previous Article 12-16 moved to Article 12-19 <Oct. 23, 2018>]

Article 12-17(Orders to suspend operation of mechanical parking equipment) #

(1) Where the head of a Si/Gun/Gu intends to secure neighboring parking lots (referring to the neighborhood of a site for facilities under the latter part of Article 19 (4) of the Act; hereafter the same shall apply in this Article) pursuant to Article 19-24 (5) of the Act, he or she shall notify the relevant manager, etc. of mechanical parking lots that he or she shall secure the neighboring parking lots within the period prescribed by municipal ordinance within 60 days.

(2) Where the manager, etc. of a mechanical parking lot fails to secure a neighboring parking lot within the period specified in paragraph (1), the head of a Si/Gun/Gu may secure the neighboring parking lot directly and have the relevant manager, etc. of the mechanical parking lot pay the expenses pursuant to Article 19-24 (5) of the Act.

[This Article Added on Aug. 16, 2024]

[Previous Article 12-17 moved to Article 12-18 <Aug. 16, 2024>]

Article 12-18(Procedures for supplementary registration) #

(1) Where an annexed parking lot is established in the vicinity of the site of a facility pursuant to Article 19 (4) of the Act and where a parking lot established inside the facility or on the site is changed to a neighboring site pursuant to Article 19-4 (1) 2 of the Act and Article 12 (1) 6 of this Decree, the owner of the facility shall simultaneously file for the following supplementary registration pursuant to Article 19-25 (1) of the Act: <Amended on Feb. 11, 2016; Jul. 19, 2016; Feb. 20, 2018; Oct. 23, 2018; Aug. 16, 2024>

1. Supplementary registration (hereinafter referred to as "supplementary registration of facilities") in the registration of ownership of a facility that an annexed parking lot has been established in the vicinity of the site of the facility;

2. Supplementary registration of ownership registration of annexed parking lots (hereinafter referred to as "supplementary registration of annexed parking lots"), stating that the alteration of the purpose of use of annexed parking lots is prohibited.

(2) Where an annexed parking lot is established by changing its location within the neighborhood of the site pursuant to Article 12 (1) 5, the owner of the facility shall simultaneously file for the following registration:

1. Registration of change of the location of annexed parking lots stated in the supplementary registration of facilities;

2. Supplementary registration of newly relocated annexed parking lots.

(3) Notwithstanding paragraphs (1) and (2), in cases of facilities for which the registration of indefeasible ownership cannot be made, only the supplementary registration of the annexed parking lot shall be made.

[This Article Added on Sep. 11, 2014]

[Moved from Article 12-17; previous Article 12-16 moved to Article 12-19 <Aug. 16, 2024>]

Article 12-19(Details of supplementary registration) #

(1) The supplementary registration of facilities shall state that "the annexed parking lot under the Parking Lot Act is separately established in the vicinity of the site of the facility" and the location of the annexed parking lot.

(2) The supplementary registration of an annexed parking lot shall state that "This land (or building) is an annexed parking lot established in the vicinity of the site of a facility under the Parking Lot Act, and shall not be used for any purpose other than the parking lot until the alteration of its use is recognized because it falls under any subparagraph of Article 12 (1) of the Enforcement Decree of the same Act" and the location of the facility.

[This Article Added on Sep. 11, 2014]

[Moved from Article 12-18; previous Article 12-19 moved to Article 12-20 <Aug. 16, 2024>]

Article 12-20(Application for cancellation of supplementary registration) #

(1) Where an annexed parking lot for which supplementary registration is made pursuant to Article 19-25 (1) of the Act falls under any subparagraph of Article 12 (1) and the alteration of its use is recognized, the owner of such facility shall file an application for cancellation of such supplementary registration in accordance with the following classifications: <Amended on Feb. 11, 2016; Jul. 19, 2016; Feb. 20, 2018; Oct. 23, 2018; Aug. 16, 2024>

1. Where an annexed parking lot falls under any of Article 12 (1) 1, 3, or 4 and the alteration of the use of the entire annexed parking lot is recognized: Simultaneous application for cancellation of the supplementary registration of facilities and the supplementary registration of annexed parking lots;

2. Where an annexed parking lot falls under Article 12 (1) 5 and the alteration of its use is recognized: Application for cancellation of the supplementary registration of the existing annexed parking lot.

(2) Notwithstanding paragraph (1), where an annexed parking lot falls under any of the following, the cancellation of the supplementary registration of facilities and the supplementary registration of annexed parking lots shall be applied in accordance with the following classifications:

1. Where the supplementary registration of facilities is not filed: Application for cancellation of the supplementary application of the annexed parking lot only;

2. Where the owner of a facility and the owner of the land or building where an annexed parking lot is established are different persons: Separate application by each owner for cancellation of the supplementary registration of facilities and the supplementary registration of annexed parking lots.

[This Article Added on Sep. 11, 2014]

[Moved from Article 12-19 <Aug. 16, 2024>]

Article 13(Reduction of occupancy and use fees or use fees) #

(1) "School or other public facilities prescribed by Presidential Decree" under Article 20 (2) of the Act means elementary schools, middle schools, high schools, buildings for public use, parking lots, or playgrounds.

(2) Where an off-road parking lot is established in a road, plaza, park, or in the basement of public facilities under paragraph (1) pursuant to Article 20 (2) of the Act, fees for occupancy and use of the site and fees for the facilities shall be exempted during the first period of use of the off-road parking lot.

(3) "Public facilities prescribed by Presidential Decree" in Article 20 (3) of the Act means buildings for public use, rivers, storage reservoirs, parking lots, or playgrounds.

[This Article Wholly Amended on Oct. 21, 2010]

Article 14(Subsidies) #

(1) The State or a local government may subsidize a person who installs an off-road parking lot pursuant to Article 21 (1) of the Act for the establishment cost of the off-road parking lot to the extent falling under the following subparagraphs: <Amended on Apr. 20. 2021>

1. In the case of off-road parking lots established by the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu : All or part of the establishment cost;

2. In the case of off-road parking lots established by a person other than the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu, whose area provided for parking is not less than 2,000 square meters: Half of the establishment cost (excluding the cost of land purchase; hereinafter the same shall apply); provided, in cases where an off-road parking lot is established in the state land or public land is installed with permission for occupation and use, one-third of the establishment cost may be subsidized;

3. In the case of off-road parking lots established by a person other than the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu, whose area provided for parking is at least 1,ooo square meters, but not more than 2,000 square meters: One-third of the establishment cost; provided, in cases where an off-road parking lot is established in the state land or public land is installed with permission for occupation and use, one-fifth of the establishment cost may be subsidized.

(2) The State or a local government may subsidize a person who conducts projects to improve the environment of parking lots pursuant to Article 21 (3) of the Act for the expenses incurred in pursuing projects falling under the following subparagraphs: <Added on Apr. 20. 2021>

1. In the case of parking lot environment improvement projects pursued by the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu : All or part of the project expenses;

2. In case of parking lot environment improvement projects pursued by a person other than persons under subparagraph 1: Expenses classified as follows:

A. Where the area provided for parking is not less than 2,000 square meters: 1/2 of the project expenses;

B. Where the area provided for parking is at least 1,000 square meters, but not more than 2,000 square meters: 1/3 of the project expenses.

[This Article Wholly Amended on Oct. 21, 2010]

Article 15(Financial resources of special accounts for parking lots) #

(1) "Specific rate prescribed by Presidential Decree" in Article 21-2 (2) 5 of the Act means 10 percent of the amount of property tax collected under Article 112 (excluding paragraph (1) 1 of the same Article) of the Local Tax Act.

(2) "Payments prescribed by Presidential Decree" in Article 21-2 (3) 1 of the Act means payments made in cases where the head of a Gu allows the off-road parking lot established by the head of the Gu to be used free of charge from among the expenses for the establishment of the off-road parking lot under Article 19 (5) of the Act.

[This Article Wholly Amended on Oct. 21, 2010]

Article 16(Supervision) #

Where the head of a Si/Gun/Gu issues an order necessary for supervision to a manager of an off-road parking lot pursuant to Article 23 (3) of the Act, he or she shall issue an order stating the following matters in writing:

1. The location and name of the off-road parking lot;

1. The name (in the case of a corporation, the name of the corporation and its representative) and address of the off-road parking lot manager;

3. The reason for issuing the order;

4. Details of matters requiring measures to be taken;

5. The period for taking measures;

6. Details of measures taken for non-compliance with orders.

[This Article Wholly Amended on Oct. 21, 2010]

Article 16-2 #

Deleted. <Dec. 31, 1997>

Article 17(Violations for imposing penalty surcharges and amount of penalty surcharges) #

The types of violations for which a penalty surcharge is imposed pursuant to Article 24-2 (1) of the Act and the amount of the penalty surcharge shall be as specified in Appendix 5.

[This Article Added on Apr. 20, 2021]

Article 17-2(Re-examination of regulation) #

The Minister of Land, Infrastructure, and Transport shall examine the appropriateness of the following matters every 3 years, counting from the base date of January 1, 2025 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, including improvements:

1. Requirements for designation of designated certification agencies under Article 12-4 and Appendix 1-2;

2. Requirements for indemnity insurance for accidents in mechanical parking lots under Article 12-7.

[This Article Added on Aug. 16, 2024]

Article 18(Criteria for imposing administrative fines) #

The criteria for imposition of administrative fines under the provisions of Article 30 (1) through (3) of the Act shall be as specified in Appendix 6. <Amended on Oct. 23, 2018; Aug. 16, 2024>

[This Article Wholly Amended on Jul. 19, 2016]

Article 19 #

Deleted. <Jul. 31, 2008>