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Chapter I – General provisions
Chapter I – General provisions
Chapter II – Metropolitan plan
Chapter II – Metropolitan plan
Chapter III – Urban or Gun master plan
Chapter III – Urban or Gun master plan
Chapter IV – Urban or Gun management plan
Chapter IV – Urban or Gun management plan
Chapter V – Permission, etc. for development activities
Chapter V – Permission, etc. for development activities
- SECTION 1 – Permission for Development Activities
  SECTION 1 – Permission for Development Activities
  Article 56 – (Permission for Development Activities)
  Article 56 – (Permission for Development Activities)
  Level (1)
  Level (1)
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  Level 5.
  
  Level (2)
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  Level (4)
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  Article 57 – (Procedures for Obtaining Permission for Development Activities)
  Article 57 – (Procedures for Obtaining Permission for Development Activities)
  Level (1)
  Level (2)
  Level (3)
  Level (4)
  
  Article 58 – (Standards, etc. for Granting Permission for Development Activities)
  Article 58 – (Standards, etc. for Granting Permission for Development Activities)
  Level (1)
  Level (1)
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  Level (2)
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  Level (4)
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  Article 59 – (Deliberation on Development Activities by Urban Planning Committee)
  Article 59 – (Deliberation on Development Activities by Urban Planning Committee)
  Level (1)
  Level (2)
  Level (2)
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  Level (3)
  
  Article 60 – (Performance Guarantee, etc. for Permission for Development Activities)
  Article 60 – (Performance Guarantee, etc. for Permission for Development Activities)
  Level (1)
  Level (1)
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  Article 61 – (Related Authorization, Permission, etc. Deemed Granted)
  Article 61 – (Related Authorization, Permission, etc. Deemed Granted)
  Level (1)
  Level (1)
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  Level 9-2.
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  Level (2)
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  Article 61-2 – (Overall Council of Complex Civil Petitions for Development Activities)
  Article 61-2 – (Overall Council of Complex Civil Petitions for Development Activities)
  Level (1)
  Level (2)
  
  Article 62 – (Completion Inspections)
  Article 62 – (Completion Inspections)
  Level (1)
  Level (2)
  Level (3)
  Level (4)
  Level (5)
  
  Article 63 – (Restrictions on Permission for Development Activities)
  Article 63 – (Restrictions on Permission for Development Activities)
  Level (1)
  Level (1)
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  Level (2)
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  Article 64 – (Development Activities on Urban or Gun Planning Facility Sites)
  Article 64 – (Development Activities on Urban or Gun Planning Facility Sites)
  Level (1)
  Level (2)
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  Level (3)
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  Article 65 – (Reversion of Public Facilities, etc. Following Development Activities)
  Article 65 – (Reversion of Public Facilities, etc. Following Development Activities)
  Level (1)
  Level (2)
  Level (3)
  Level (4)
  Level (5)
  Level (6)
  Level (7)
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  Level (9)
- SECTION 2 – Establishment of Infrastructure Following Development Activities
  SECTION 2 – Establishment of Infrastructure Following Development Activities
  Article 66 – (Development-Density Control Areas)
  Article 66 – (Development-Density Control Areas)
  Level (1)
  Level (2)
  Level (3)
  Level (3)
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  Level (4)
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  Article 67 – (Designation as Infrastructure-levy Areas)
  Article 67 – (Designation as Infrastructure-levy Areas)
  Level (1)
  Level (1)
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  Level (2)
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  Article 68 – (Construction Subject to Imposition of Infrastructure-Building Fees and Standards for Calculation of Fees)
  Article 68 – (Construction Subject to Imposition of Infrastructure-Building Fees and Standards for Calculation of Fees)
  Level (1)
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  Article 69 – (Payment of, and Disposition on, Default of Infrastructure-Building Fees)
  Article 69 – (Payment of, and Disposition on, Default of Infrastructure-Building Fees)
  Level (1)
  Level (2)
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  Article 70 – (Management, Use, etc. of Infrastructure-Building Fees)
  Article 70 – (Management, Use, etc. of Infrastructure-Building Fees)
  Level (1)
  Level (2)
  Level (3)
  
  Article 71 through 75 Deleted.
Chapter VI – Restrictions on acts in Special-Purpose Sreas, Special-Purpose Districts and Special-Purpose Zones
Chapter VI – Restrictions on acts in Special-Purpose Sreas, Special-Purpose Districts and Special-Purpose Zones
Chapter VII – Implementation of urban or gun planning facility projects
Chapter VII – Implementation of urban or gun planning facility projects
Chapter VIII – Costs
Chapter VIII – Costs
Chapter IX – Urban planning committee
Chapter IX – Urban planning committee

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South Korea

National Land Planning and Utilization Act 2002

Published on 4 February 2002
Commencement date unknown
[This is the version of this document at 1 January 2019.]

Chapter I
General provisions

Article 1 – (Purpose)

The purpose of this Act is to promote public welfare and to upgrade the quality of people's livelihood by providing for matters necessary for the formulation, implementation, etc. of plans to utilize, develop and preserve national land.

Article 2 – (Definitions)

The definitions of terms used in this Act shall be as follows:

1.The term "metropolitan plan" means a plan to set long-term development directions for metropolitan planning zones designated under Article 10;

2.The term "urban or Gun plan" means a plan on spatial structures and development directions established for the jurisdictions of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun(excluding any Gun located in the jurisdictions of a Metropolitan City; hereinafter the same shall apply), which shall be divided into an urban or Gun master plan and an urban or Gun management plan;

3.The term "urban or Gun master plan" means comprehensive planning for setting basic spatial structures and long-term development directions for the jurisdictions of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun, which forms guidelines for formulating urban or Gun management plans;

4.The term "urban or Gun management plan" means any of the following plans for land utilization, traffic, environment, scenery, safety, industries, information and communications, health, welfare, security, culture, etc., which are formulated to develop, improve, and preserve the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun:

(a)A plan for designating or altering specialpurpose areas, or special-purpose districts;

(b)A plan for designating or altering development restriction zones, urban natural park zones, urbanization-coordination zones, and fisheryresource protection zones;

(c)A plan for establishing, maintaining, or improving infrastructure;

(d)A plan for urban development projects, or maintenance projects;

(e)A plan for designating or altering district-unit planning zones, and district-unit plans;

(f)A plan for designating or altering areas under minimal siting restrictions and plans on areas under minimal siting restrictions;

5.The term "plan for areas under minimal siting restrictions" means an urban orGun management plan formulated to provide for matters necessary for managing areas under minimal siting restrictions, such as land utilization, and limits on the purposes, building-to-land ratios, floor area ratios, and heights of buildings, in such areas under minimal siting restrictions;

5-2.The term "plan for areas under minimal siting restrictions" means an urban orGun management plan formulated to provide for matters necessary for managing areas under minimal siting restrictions, such as land utilization, and limits on the purposes, building-to-land ratios, floor area ratios, and heights of buildings, in such areas under minimal siting restrictions;

6.The term "infrastructure" means the facilities prescribed by Presidential Decree, which are:

(a)Traffic facilities, such as roads, railroads, harbors, airports, and parking lots;

(b)Open facilities, such as squares, parks, and green areas;

(c)Distribution and supply facilities, such as distribution business facilities, supply facilities for tap water, electricity, and gas, broadcast and communications facilities, and utility tunnels;

(d)Public, cultural, and sports facilities, such as schools, playgrounds, public office buildings, cultural facilities, and sports facilities deemed necessary for public use;

(e)Disaster-prevention facilities, such as rivers, storage reservoirs, and fire-prevention facilities;

(f)Health and hygienic facilities, such as crematoria, public cemeteries, and charnel houses;

(g)Basic environmental facilities, such as sewerage systems and waste treatment facilities;

7.The term "urban or Gun planning facilities" means facilities determined by urban or Gun management plans among infrastructure;

8.The term "metropolitan facilities" means the facilities prescribed by Presidential Decree, whic require maintenance systems in a metropolitan scale among infrastructure and are:

(a)Facilities that extend over the jurisdictions of at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns;

(b)Facilities jointly utilized by at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns;

9.The term "utility tunnel" means a facility installed underground to improve scenery; to preserve road structures; and to ensure smooth traffic flows by commonly housing facilities buried underground, including supply facilities for electricity, gas, and tap water, communications facilities, and sewerage facilities;

10.The term "urban or Gun planning facility project" means a project to build, maintain, or improve urban or Gun planning facilities;

11.The term "urban or Gun planning project" means any of the following projects to implement urban or Gun management plans:

(a)An urban or Gun planning facility project;

(b)An urban development project performed under the Urban Development Act;

(c)A rearrangement project performed under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

12.The term "urban or Gun planning project operator" means a person who performs an urban or Gun planning project pursuant to this Act or other Acts;

13.The term "public facilities" means roads, parks, railroads, tap water, and other public facilities prescribed by Presidential Decree;

14.The term "State plan" means a plan formulated by a central administrative agency pursuant to Acts or to achieve the policy objectives of the State that contains matters stipulated in Article 19(1) 1 through 9 or matters to be determined by an urban or Gunmanagement plan;

15.The term "special-purpose area" means an area determined by an urban or Gun management plan not to be mutually overlapped, in order to utilize the land economically and efficiently; and to ensure an improvement of public welfare by limiting the land utilization, and the uses, building-to-land ratios (referring to the building-to-land ratio provided for in Article 55 of the Building Act; hereinafter the same shall apply), floor area ratios (referring to the floor area ratio provided for in Article 56 of the Building Act; hereinafter the same shall apply), heights of buildings, etc.;

16.The term "special-purpose district" means a district determined by an urban or Gun management plan in order to increase the functionality of a special-purpose area; and to ensure the scenery, safety, etc. by placing stricter or lenient limits on the special-purpose area, on the land utilization, and on the uses, building-to-land ratios, floor area ratios, heights of buildings, etc.;

17.The term "special-purpose zone" means a zone determined by an urban or Gun management plan in order to prevent a disorderly sprawl of a urban district; to ensure a planned and phased utilization of land; and to comprehensively adjust and manage land utilization, etc., by otherwise placing stricter or lenient limits on a specialpurpose area and a special-purpose district, on the land utilization, and on the uses, building-toland ratios, floor area ratios, heights of buildings, etc.;

18.The term "development-density control area" means an area designated pursuant to Article 66 inorder to apply stricter building-to-land ratios or floor area ratios on an area where the establishment of infrastructure is impracticable even though a shortage of infrastructure is anticipated due to the development of such area;

19.The term "infrastructure-levy area" means an area, other than a development-density control area, which is designated and publicly notified pursuant to Article 67 to require installation of infrastructure prescribed by Presidential Decree, such as roads, parks, and green areas, due to development, or to secure a site necessary for building infrastructure;

20.The term "infrastructure-building fees" means an amount of money to be imposed and collected pursuant to Article 69 to build infrastructure resulting from new construction and enlargement of facilities prescribed by Presidential Decree, such as detached houses and lodging facilities, or to secure a site necessary for building infrastructure.

Article 3 – (Basic Principles for Utilizing and Managing National Land)

National land shall be utilized and managed to achieve the following objectives in order to ensure soundness of the environment and sustainable development through the preservation of the natural environment and the efficient utilization of resources:

1.Efficient utilization and smooth supply of land and various installations necessary for people's livelihoods and economic activities;

2.Preservation of the natural environment and scenery, and the improvement and restoration of the damaged natural environment and scenery;

3.Provision of various basic services necessary for people's livelihoods, such as traffic, water resources, energy, etc.;

4.Improvement of the quality of people's livelihoods through the betterment of living environment, such as residence, etc.;

5.Preservation of the identity and cultural heritage of every region;

6.Pursuit of common prosperity through cooperation and balanced development between regions;

7.Minimization of social costs through the development of the regional economy and appropriate distribution of functions in and between regions;

8.protection of life and property of people through response to climate change and the reduction of damage from storms and floods.

Article 3-2 – (Assessment of Sustainability of Cities and Level of Living Infrastructure for Living)

(1)The Minister of Land, Infrastructure and Transport may assess the sustainability and the level of living infrastructure (referring to facilities prescribed by the Minister of Land, Infrastructure and Transport, which are educational facilities, cultural and sports facilities, transportation facilities, etc.) of a city for the sustainable and balanced development of the city and the convenient and comfortable lives ofresidents.

(2)Procedures and standards for the assessment under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

(3)The State and local governments shall reflect the findings from the assessment under paragraph (1) in the establishment and implementation of urban or Gun plans.

Article 4 – (Relations, etc. of National Plans, Metropolitan City Plans and Urban or Gun Plans)

(1)An urban or Gun plan shall form the basis for plans concerning the utilization, development and preservation of land formulated pursuant to other Acts in the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or a Si/Gun.

(2)A Metropolitan City plan and urban or Gun plan shall accord with a national plan, and when the details of a Metropolitan City plan or urban or Gun plan are different from those of a national plan, the details of a national plan shall take precedence over those of a Metropolitan City plan or urban or Gun plan. In such cases, the head of a central administrative agency who intends to formulate a national plan shall first hear opinions of the heads of local governments and thoroughly consult with them.

(3)An urban or Gun master plan formulated for an area for which a Metropolitan City plan has been formulated shall accord with such Metropolitan City plan, and when the details of an urban or Gunmaster plan are different from those of such Metropolitan City plan, the details of the Metropolitan City plan shall take precedence over those of the urban or Gun master plan.

(4)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun (excluding the head of a Gun located in the jurisdiction of a Metropolitan City; hereinafter the same shall apply: Provided, That in Articles 8 (2) and (3), 113, 117 through 124, 124-2, 125, 126, 133, 136, 138 (1) and 139 (1) and (2), the head of a Gun located in the jurisdiction of a Metropolitan City shall be included) formulates a plan, by category, for the environment, traffic, water supply, sewerage system, housing, etc., under other Acts under his/her jurisdiction, he/she shall formulate such plan to be in accord with the relevant urban or Gun master plan.

Article 5 – (Titles of Urban or Gun Plans, etc.)

(1)Where the designation of an administrative district is a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or City, the title of urban or Gunplanning, an urban or Gun master plan, urban or Gun management plan, urban or Gun planning facilities, urban or Gun planning facilities project, urban or Gun planning project and standing planning office for urban or Gun planning shall be construed as "urban planning", "urban master plan", "urban management plan", "urban planning facilities", "urban planning facilities project", "urban planning project" and "standing planning office for urban planning", respectively. for Gun planning", respectively.

(2)Where the designation of an administrative district is a Gun, the title of urban or Gun planning, an urban or Gun master plan, urban or Gunmanagement plan, urban or Gun planning facilities, urban or Gunplanning facilities project, urban or Gun planning project and standing planning office for urban or Gun planning shall be construed as "Gunplanning", "Gun master plan", "Gun management plan", "Gunplanning facilities", "Gun planning facilities project", "Gun planning project" and "standing planning office for Gun planning", respectively.

(3)The name of the urban planning committee set up in a Gun pursuant to Article 113 (2) shall be the "Gun planning committee".

Article 6 – (Division of Purpose of National Land's Use)

The national land shall be divided into the following specialpurpose areas, in consideration of the actual conditions and characteristics of land utilization, the future directions of land utilization, balanced development among regions, etc.:

1.Urban areas: Areas requiring systematic development, maintenance, management, preservation, etc., as the population and industries are concentrated or such concentration is anticipated therein;

2.Control areas: Areas to be systematically controlled corresponding to the urban area in order to accommodate the population and industries of urban areas, or those requiring control corresponding to an agricultural and forest area or natural environment conservation area in order to promote the agricultural and forest industry, and to preserve the natural environment or forests;

3.Agricultural and forest areas: Areas necessary to promote the agricultural and forest industry and to preserve forests, such as agricultural promotion areas under the Farmland Act, or conserved mountainous districts under the Mountainous Districts Management Actthat do not belong to urban areas;

4.Natural environment conservation areas: Areas necessary to preserve the natural environment, water resources, coastal areas, eco-system, water supply resources and cultural heritage assets, and to protect and foster fishery resources, etc.

Article 7 – (Management Obligation by Special-Purpose Area)

In order to efficiently utilize and manage special-purpose areas determined pursuant to Article 6, the State or a local government shall take necessary measures for maintenance and preservation of special-purpose areas, as prescribed in the following:

1.Urban areas: It shall formulate a plan in advance and implement it in order for the relevant areas to be systematically and efficiently developed, maintained and preserved, as stipulated in this Act or related Acts;

2.Control areas: It shall take required preservational measures, as stipulated in this Act or related Acts, and contrive the planned utilization and development of areas that need to be developed;

3.Agricultural and forest areas: It shall arrange for investigations and measures required to promote the agricultural and forest industry, and to conserve and foster forests, as stipulated in this Act or related Acts;

4.Natural environment conservation areas: It shall arrange for investigations and measures required to prevent environmental pollution, to conserve the natural environment, water quality, water resources, coastal areas, ecosystem and cultural heritage assets, and to protect and foster fishery resources, as stipulated in this Act or related Acts.

Article 8 – (Restrictions, etc. on Designation of Zones, etc. concerning Land Utilization under other Acts)

(1)The head of a central administrative agency or the head of a local government shall designate an area, district, zone, boundary, etc. (hereafter in this Article referred to as "zone, etc.") concerning land utilization under other Acts to ensure the purpose of designating the relevant zone, etc. accords with the purpose of designating a special-purpose area, special-purpose district, or special-purpose zone under this Act.

(2)Where the head of a central administrative agency or the head of a local government intends to designate, or alter a zone, etc. in excess of the area prescribed by President Decree among zones, etc. designated under other Acts, the head of the central administrative agency shall consult with the Minister of Land, Infrastructure and Transport, and the head of the local government shall obtain approval from the said Minister:

(3)Where the head of a local government intends to designate or alter a zone, etc., not exceeding the area prescribed by Presidential Decree among zones, etc. which require approval pursuant to paragraph (2), the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") need not obtain approval from the Minister of Land, Infrastructure and Transport, notwithstanding paragraph (2), whereas the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall obtain approval from the competent Mayor/Do Governor.

(4)Notwithstanding paragraphs (2) and (3), the head of a central administrative agency or the head of a local government need not consult with the Minister of Land, Infrastructure and Transport or need not obtain approval from the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, in any of the following cases:

1.Where the zone, etc. he/she intends to designate or alter pursuant to other Acts has been reflected in an urban or Gun master plan;

2.Where he/she intends to designate any of the following areas in a conservation and control area, production control area, agricultural and forest area, or natural environment conservation area under Article 36:

(a)An agricultural development area designated under Article 28 of the Farmland Act;

(b)A waterside zone designated under the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin;

(c)A water source protection area designated under Article 7 of the Water Supply and Waterworks Installation Act;

(d)An ecosystem and landscape conservation area designated under Article 12 of the Natural Environment Conservation Act;

(e)A wildlife special protection area designated under Article 27 of the Wildlife Protection and Management Act;

(f)A marine protection area designated under Article 25 of the Conservation and Management of Marine Ecosystems Act;

3.Where he/she intends to designate a zone, etc. on which he/she needs to keep military secrets;

4.Where he/she intends to alter a zone, etc. which he/she has held consultations on or obtained approval of, within the limits prescribed by Presidential Decree.

(5)Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor intends to hold consultations or grant approval pursuant to paragraphs (2) and (3), he/she shall submit the relevant matter for deliberation by the Central Urban Planning Committee under Article 106 (hereinafter referred to as the "Central Urban Planning Committee") or a City/Do urban planning committee (hereinafter referred to as "City/Do urban planning committee") under Article 113 (1): Provided, That the same shall not apply to the following cases:

1.Where he/she intends to designate the following zones, etc. in a conservation and control area, or production control area:

(a)A preserved mountainous district designated under Article 4 (1) 1 of the Mountainous Districts Management Act;

(b)A wildlife protection zone designated under Article 33 of the Wildlife Protection and Management Act;

(c)A wetland protection area designated under Article 8 of the Wetlands Conservation Act;

(d)An area requiring measures for soil conservation under Article 17 of the Soil Environment Conservation Act;

2.Where he/she intends to designate the following zones, etc. in an agricultural and forest area, or natural environment conservation area:

(a)A zone, etc. falling under any item of subparagraph 1;

(b)A natural park designated under Article 4 of the Natural Parks Act;

(c)A first-grade zone on the ecological and nature map under Article 34 (1) 1 of the Natural Environment Conservation Act;

(d)A specific island designated under Article 4 of the Special Act on the Preservation of the Ecosystems in Island Areas including Dokdo;

(e)A scenic spot, natural monument, and its protective zone designated under Articles 25 and 27 of the Cultural Heritage Protection Act;

(f)A first-grade zone on the marine ecosystem map under Article 12 (1) 1 of the Conservation and Management of Marine Ecosystems Act.

(6)If the head of a central administrative agency or the head of a local government intends to alter or cancel an area, etc. the use of which has been designated pursuant to other Acts, he/she shall seek an opinion from a person who has the authority to formulate the relevant urban or Gun management plan under Article 24. In such cases, if necessary to alter a special-purpose area, special-purpose district, or special-purpose zone under this Act, the person who has the authority to formulate urban or Gun management plans in receipt of a request to present his/her opinion shall reflect such alteration in the relevant urban or Gun management plan.

(7)Where a Mayor/Do Governor has submitted the relevant matter to the urban or Do planning committee for deliberation because it is necessary to alter the relevant urban or Gun management plan pursuant to the latter part of paragraph (6) when he/she engages in the following conduct, deliberation under the relevant subparagraphs shall be deemed held:

1.Cancellation of a farming promotion area under Article 31 (1) of the Farmland Act: Deliberation by the City or Do agriculture, rural community and food industry policy deliberative committee under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry;

2.Cancellation of the designation of a preserved mountainous district under Article 6 (3) of the Mountainous Districts Management Act: Deliberation by the regional mountainous district management committee under Article 22 (2) of the Mountainous Districts Management Act.

Article 9 – (Restrictions on Alteration of Urban or Gun Management Plans, etc. under other Acts)

Where the head of a central administrative agency or the head of a local government intends to permit, authorize, approve or determine a plan in which content that presumes the determination of an urban or Gun management plan under this Act is included pursuant to other Acts, he/she shall undergo deliberation thereon by the Central Urban Planning Committee or a local urban planning committee under Article 113 (hereinafter referred to as "local urban planning committee"), as prescribed by Presidential Decree: Provided, that this shall not apply in any of the following cases:

1.Where he/she holds consultations with the Minister of Land, Infrastructure and Transport pursuant to Article 8 (2) or obtains approval from the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor pursuant to Article 8 (3);

2.Where he/she submits a plan to the Central Urban Planning Committee or the local urban planning committee for deliberation pursuant to other Acts;

3.Other cases prescribed by Presidential Decree.

Chapter II
Metropolitan plan

Article 10 – (Designation of Metropolitan Planning Zones)

(1)Where it is necessary to mutually link the spatial structures and functions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces or Sis/Guns, to conserve the environment, and to systematically maintain metropolitan facilities, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may designate all or part of the jurisdictions of two or more adjacent Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces or Sis/Guns as a metropolitan plan zone under the following classifications, as prescribed by Presidential Decree:

1.Where a metropolitan planning zone extends over the jurisdictions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities or Dos or Special Self-Governing Provinces (hereinafter referred to as "Cities/Dos"): Metropolitan planning zones shall be designated by the Minister of Land, Infrastructure and Transport;

2.Where a metropolitan planning zone is within the jurisdiction of a Do: Metropolitan planning zones shall be designated by the competent Do Governor.

(2)The head of a central administrative agency, a Mayor/Do Governor or the head of a Si/Gun may request the Minister of Land, Infrastructure and Transport or a Do Governor to designate or alter metropolitan planning zones.

(3)Where the Minister of Land, Infrastructure and Transport intends to designate or alter a metropolitan planning zone, he/she shall undergo deliberation thereon by the Central Urban Planning Committee, after hearing the opinions of the related Mayor/Do Governor or head of a Si/Gun.

(4)Where a Do Governor intends to designate or alter a metropolitan planning zone, he/she shall submit the relevant matter to a local urban planning committee for deliberation after hearing the opinions of the head of the related central administrative agency, Mayor/DoGovernor or the head of a related Si/Gun.

(5)Where the Minister of Land, Infrastructure and Transport or a DoGovernor has designated or altered a metropolitan planning zone, he/she shall notify the related Mayor/Do Governor or head of a Si/Gun of such fact without delay.

Article 11 – (Authority to Formulate Metropolitan Plan)

(1)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun shall formulate metropolitan plans pursuant to the following classifications:

1.Where a metropolitan planning zone is within the jurisdiction of the same Do: To be jointly formulated by the head of the competent Si/Gun;

2.Where a metropolitan planning zone extends over the jurisdictions of two or more Cities or Dos: To be jointly formulated by the competent Mayor/Do Governor;

3.Where the head of the competent Si/Gun makes no request for approval of a metropolitan plan under Article 16 (1) by the time three years lapse from the date on which a metropolitan planning zone is designated: To be formulated by the competent Do Governor;

4.Where a metropolitan plan related to the State plan needs to be formulated, or there exists no request for approval of a metropolitan plan under Article 16 (1) from the competent Mayor/Do Governor by the time three years lapse from the date on which a metropolitan planning zone is designated: To be formulated by the Minister of Land, Infrastructure and Transport.

(2)Where a Mayor/Do Governor makes a request or where it is deemed necessary, the Minister of Land, Infrastructure and Transport may formulate a metropolitan plan jointly with the competent Mayor/DoGovernor, notwithstanding paragraph (1).

(3)Where the head of a Si/Gun makes a request or where it is deemed necessary, a Do Governor may formulate a metropolitan plan jointly with the head of the competent Si/Gun, notwithstanding paragraph (1), and where the head of the competent Si/Gun makes a request through consultation, he/she may solely formulate a metropolitan plan.

Article 12 – (Details of Metropolitan Plans)

(1)Any metropolitan plan shall include policy direction-setting for matters necessary to achieve the objectives of designating the relevant metropolitan planning zone among the following matters:

1.Matters concerning the spatial structure and division of functions of a metropolitan planning zone;

2.Matters concerning the management system of green areas and conservation of the environment in a metropolitan planning zone;

3.Matters concerning arrangement, size and installation of metropolitan facilities;

4.Matters concerning a scenery plan;

5.Other matters prescribed by Presidential Decree concerning the linkage of functions in or between Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces or Sis/Guns falling within a metropolitan planning zone.

(2)Standards, etc. for formulating a metropolitan plan shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 13 – (Basic Investigations for Formulating Metropolitan Plan)

(1)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun intends to formulate or alter a metropolitan plan, he/she shall investigate and measure matters required to formulate or alter the relevant metropolitan plan among the population, economy, society, culture, land utilization, the environment, traffic, housing and other matters prescribed by Presidential Decree, as prescribed by Presidential Decree.

(2)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun may request the heads of related administrative agencies to submit the data required for investigation or measurement under paragraph (1). In such cases, the heads of related administrative agencies in receipt of such request shall comply therewith except in extenuating circumstances.

(3)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun may request investigations or measurement under paragraph (1) or (2) to a specialized institution, where necessary for efficient investigation and measurement.

Article 14 – (Holding of Public Hearings)

(1)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun intends to formulate or alter a metropolitan plan, he/she shall hold a public hearing in advance, and hear opinions of residents, related experts, etc. and reflect the opinions presented in the public hearing in the metropolitan plan if deemed reasonable.

(2)Necessary matters concerning the holding of a public hearing under paragraph (1) shall be prescribed by Presidential Decree.

Article 15 – (Hearing Opinions of Local Governments)

(1)Where a Mayor/Do Governor or the head of a Si/Gun intends to formulate or alter a metropolitan plan, he/she shall hear in advance the opinions of the councils of the related City/Do and the related Si/Gun and the related Mayor/Do Governor.

(2)Where the Minister of Land, Infrastructure and Transport intends to formulate or alter a metropolitan plan, he/she shall forward a draft metropolitan plan to the related Mayor/Do Governor, and the related Mayor/Do Governor shall hear the opinions of the council of the relevant City/Do and the head of the related Si/Gun on the draft metropolitan planning, and thereafter submit results thereof to the Minister of Land, Infrastructure and Transport.

(3)The council of a City/Do or a Si/Gun and the head of the related Si/Gun under paragraphs (1) and (2) shall present their opinions to the Mayor/Do Governor or the head of a Si/Gun within 30 days except in extenuating circumstances.

Article 16 – (Approval of Metropolitan Plan)

(1)Where a Mayor/Do Governor formulates or alters a metropolitan plan, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply to a metropolitan plan formulated by a Do Governor pursuant to Article 11(3).

(2)Where the Minister of Land, Infrastructure and Transport intends to approve a metropolitan plan under paragraph (1) or to directly formulate or alter a metropolitan plan (including cases where he/she formulates or alters jointly with a Mayor/Do Governor), he/she shall undergo deliberation thereon by the Central Urban Planning Committee after consulting with the heads of related central administrative agencies.

(3)Upon receipt of a request for consultation under paragraph (2), the heads of related central administrative agencies shall present their opinions to the Minister of Land, Infrastructure and Transport within 30 days from the date such request is received, except in extenuating circumstances.

(4)Where the Minister of Land, Infrastructure and Transport directly formulates or alters a metropolitan plan, or approves the said plan, he/she shall forward related documents to the heads of related central administrative agencies and a Mayor/Do Governor, who, in turn, shall publicly announce them, and make them available for public perusal, as prescribed by Presidential Decree.

(5)The head of a Si/Gun shall obtain approval from the competent DoGovernor to establish or alter a metropolitan plan.

(6)Paragraphs (2) through (4) shall apply mutatis mutandis where a DoGovernor approves a metropolitan plan pursuant to paragraph (5), or directly formulates or alters it pursuant to Article 11 (3) (including cases where he/she formulates or alters it jointly with the head of a Si/Gun). In such cases, "Minister of Land, Infrastructure and Transport" shall be construed as "Do Governor", "heads of central administrative agencies" as "heads of administrative agencies (including the Minister of Land, Infrastructure and Transport)", "Central Urban Planning Committee" as "local urban planning committee", and "Mayor/DoGovernor" as "head of a Si/Gun".

(7)Except as provided in paragraphs (1) through (6), necessary matters for formulation and implementation of a metropolitan plan shall be prescribed by Presidential Decree.

Article 17 – (Mediation of Metropolitan Plan)

(1)Where a Mayor/Do Governor who jointly formulates a metropolitan plan pursuant to Article 11 (1) 2 fails to reach agreement on its details, he/she may jointly or independently request the Minister of Land, Infrastructure and Transport to mediate it.

(2)Where the Minister of Land, Infrastructure and Transport has received a request for mediation filed independently under paragraph (1), he/she may advise that the interested parties hold a consultation again within a designated period, and where agreement is not reached within the period, he/she may directly mediate it.

(3)Where the Minister of Land, Infrastructure and Transport receives a request for mediation under paragraph (1) or intends to conduct a direct mediation under paragraph (2), he/she shall mediate the details of the metropolitan plan, following deliberation thereon by the Central Urban Planning Committee. In such cases, the head of a local government having an interest therein may attend a meeting of the Central Urban Planning Committee and state his/her opinions.

(4)A person who formulates a metropolitan plan shall reflect the result of mediation under paragraph (3) in the metropolitan plan.

(5)Where the head of a Si/Gun who jointly formulates a metropolitan plan under Article 11 (1) 1 fails to reach agreement on its details, he/she may jointly or independently request a Do Governor to mediate it.

(6)Paragraphs (2) through (4) shall apply mutatis mutandis where a DoGovernor mediates a metropolitan plan pursuant to paragraph (5). In such cases, "Minister of Land, Infrastructure and Transport" shall be construed as "Do Governor", and "Central Urban Planning Committee" as "local urban planning committee of the competent Do".

Article 17-2 – (Organization and Operation of Metropolitan Planning Council)

(1)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun jointly formulates a metropolitan plan pursuant to Article 11 (1) 1 and 2, (2) and (3), he/she may organize and operate a Metropolitan Planning Council for the consultation, mediation, advice, etc. on formulation of a metropolitan plan.

(2)Where the Metropolitan Planning Council consults or mediates in relation to formulation of a metropolitan plan pursuant to paragraph (1), the details of such mediation shall be reflected in a metropolitan plan, and the relevant Mayor/Do Governor or the head of a Si/Gunshall comply therewith.

(3)Except as provided in paragraphs (1) and (2), necessary matters for organization and operation of the Metropolitan Planning Council shall be prescribed by Presidential Decree.

Chapter III
Urban or Gun master plan

Article 18 – (Persons with Authority to Formulate Urban or Gun Master Plans and Areas Subject thereto)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall formulate an urban or Gun master plan for a district under his/her jurisdiction: Provided, That a Si/Gun prescribed by Presidential Decree may choose not to formulate an urban or Gun master plan, in consideration of its location, the size of its population, the decrease of its population, etc.

(2)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun deems it necessary due to regional conditions, he/she may formulate an urban or Gun master plan by including all or some ofdistricts under the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.

(3)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun intends to formulate an urban or Gun master plan by including districts under the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun pursuant to paragraph (2), he/she shall consult in advance with the relevant Special Metropolitan City Mayor or Metropolitan City Mayor or the head of the relevant Si/Gun.

Article 19 – (Details of Urban or Gun Master Plans)

(1)An urban or Gun master plan shall include policy direction-setting for the following matters:

1.Matters concerning local features and directionsetting and objectives of a plan;

2.Matters concerning spatial structure, establishment of living zones and distribution of population;

3.Matters concerning the utilization and development of land;

4.Matters concerning the supply and demand of land by each use;

5.Matters concerning the conservation and management of the environment;

6.Matters concerning infrastructure;

7.Matters concerning parks and green areas;

8.Matters concerning sceneries;

8-2.Matters concerning response to climate change and energy conservation;

8-3.Matters concerning the prevention of disasters and safety;

9.Matters concerning a phased advancement of matters provided for in subparagraphs 2 through 8, 8-2 and 8-3;

10.Other matters prescribed by Presidential Decree.

(2)Deleted.

(3)Standards, etc. for formulating an urban or Gun master plan shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 20 – (Basic Surveys and Public Hearings to Formulate Urban or Gun Master Plans)

(1)Articles 13 and 14 shall apply mutatis mutandis to the formulation or amendment of urban or Gun master plans. In such cases, "the Minister of Land, Infrastructure and Transport, the Mayor/DoGovernor, or the head of a Si/Gun" shall be construed as "the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun", and "metropolitan plan" as "urban or Gun master plan," respectively.

(2)Each Mayor/Do Governor or the head of each Si/Gun shall include an assessment of land suitability (hereinafter referred to as "assessment of land suitability"), such as the soil, siting, and potential for use of land, and an analysis of vulnerability to disasters (hereinafter referred to as "analysis of vulnerability to disasters") conducted, as prescribed by the Minister of Land, Infrastructure and Transport, in the details of basic surveys under paragraph (1).

(3)In cases prescribed by Presidential Decree, such as where a Mayor/Do Governor or the head of a Si/Gun conducts an assessment of land suitability within five years from the date he/she has formulated an urban or Gun master plan, he/she need not conduct an assessment of land suitability or an analysis of vulnerability to disasters under paragraph (2).

Article 21 – (Hearing Opinions of Local Council)

(1)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun formulates or alters an urban or Gun master plan, he/she shall hear in advance the opinions of the council of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.

(2)The council of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gununder paragraph (1) shall present its opinions to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun within 30 days, except in extenuating circumstances.

Article 22 – (Confirmation of Urban or Gun Master Plans of Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province)

(1)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor or the Governor of a Special Self-Governing Province intends to formulate or alter an urban or Gun master plan, he/she shall undergo deliberation thereon by the competent local urban planning committee after consulting with the heads of related administrative agencies (including the Minister of Land, Infrastructure and Transport; hereafter the same shall apply in this Article and Article 22-2).

(2)The heads of related administrative agencies in receipt of a request for consultations under paragraph (1) shall present their opinions to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor or the Governor of a Special Self-Governing Province within 30 days from the date such request is received, except in extenuating circumstances.

(3)Where the Special Metropolitan City Mayor, Metropolitan City Mayor, a Special Self-Governing City Mayor or the Governor of a Special Self-Governing Province formulates or alters an urban or Gun master plan, he/she shall forward related documents to the heads of related administrative agencies, and publicly announce the plan and make it available for public perusal, as prescribed by Presidential Decree.

Article 22-2 – (Approval of Urban or Gun Master Plans of Sis/Guns)

(1)Where the head of a Si/Gun intends to formulate or alter an urban or Gun master plan, he/she shall obtain approval from the competent Do Governor, as prescribed by Presidential Decree.

(2)Where a Do Governor intends to approve an urban or Gun master plan pursuant to paragraph (1), he/she shall submit it to the competent local urban planning committee for deliberation after consulting with the heads of related administrative agencies.

(3)Article 22 (2) shall apply mutatis mutandis to consultations under paragraph (2). In such cases, "a Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City or the Governor of a Special Self-Governing Province" shall be construed as "the Do Governor".

(4)Where a Do Governor approves an urban or Gun master plan, he/she shall forward related documents to the heads of related administrative agencies and the head of the competent Si/Gun, and the head of the competent Si/Gun in receipt of related documents shall announce the plan and make it available for public perusal, as prescribed by Presidential Decree.

Article 23 – (Adjustment of Urban or Gun Master Plans)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall perform an overall review of the feasibility of an urban or Gun master plan for his/her jurisdiction every five years and adjust it accordingly.

(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shallreflect the details of a metropolitan urban plan that takes precedence over those of an urban or Gun master plan under Article 4 (2) and (3), and the details of the State plan that takes precedence over an urban or Gun master plan in an urban or Gun master plan.

Chapter IV
Urban or Gun management plan

SECTION 1 – Procedures for Formulating Urban or Gun Management Plans

Article 24 – (Persons with Authority to Formulate Urban or Gun Management Plans)

(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may formulate an urban or Gun management plan by including the whole or part of the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun in any of the following cases:

1.Where consultations are held in advance with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun whose jurisdiction is adjacent thereto, as deemed necessary in view of local conditions;

2.Where an urban or Gun master plan has been formulated by including the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun under Article 18 (2).

(3)The relevant Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun shall either jointly formulate an urban or Gun management plan for the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun under paragraph (2), or designate a person who will formulate such plan, through consultation.

(4)Where the consultation under paragraph (3) fails to reach agreement, a person who will formulate an urban or Gun management plan shall be designated by the competent Do Governor if an area, for which an urban or Gun management plan is to be formulated, is within the jurisdiction of the same Do; and by the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article) if the said area extends over the jurisdictions of two or more Cities/Dos; and such designation shall bepublicly announced by the Do Governor or the Minister.

(5)Notwithstanding paragraph (1) or (2), the Minister of Land, Infrastructure and Transport may formulate an urban or Gunmanagement plan, either ex officio or upon request from the heads of related central administrative agencies in any of the following cases. In such cases, the Minister of Land, Infrastructure and Transport shall hear the opinions of the competent Mayor/Do Governor and the head of the competent Si/Gun:

1.Where the said plan is related to the State plan;

2.Where any matter is to be determined by an urban or Gunmanagement plan, among project plans for a special-purpose area, special-purpose district or special-purpose zone to be designated over two or more Cities/Dos, and an area extended over two or more Cities/Dos;

3.Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun fails to adjust an urban or Gun management plan in compliance with a request for coordinating such urban or Gun management plan by the Minister of Land, Infrastructure and Transport by a deadline under Article 138.

(6)Notwithstanding the provisions of paragraph (1) o(2), a Do Governor may formulate an urban or Gun management plan, either ex officio or upon request from the head of a Si/Gun, in any of the following cases. In such cases, the Do Governor shall hear the opinions of the head of the related Si/Gun:

1.Where any matter is to be determined by an urban or Gunmanagement plan, among project plans for a special-purpose area, special-purpose district or special-purpose zone to be designated over two or more Cities/Dos, and an area extended over two or more Cities/Dos;

2.Where any matter is to be determined by an urban or Gunmanagement plan, among project plans directly formulated by the Do Governor.

Article 25 – (Formulation of Urban or Gun Management Plans)

(1)An urban or Gun management plan shall accord with a metropolitan plan and an urban or Gun master plan.

(2)Where the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article), a Mayor/Do Governor or the head of a Si/Gun formulates an urban or Gun management plan, he/she shall prepare documents on an urban or Gun management plan (referring to layout drawings and planning protocol; hereinafter the same shall apply) and the supplementary specifications for the plan (including the results of basic investigations, financing schemes, plans for scenery, etc.; hereinafter the same shall apply), as prescribed by Presidential Decree.

(3)An urban or Gun management plan shall be formulated based on the level of details in an urban or Gun management plan, and types of infrastructure to be determined by an urban or Gun management plan, by comprehensively considering the population density of the regions of urban, agricultural, forest and fishery villages, characteristics of land utilization, surrounding environments, etc.

(4)Standards for the formulation of an urban or Gun management plan, standards and methods for preparing documents on urban or Gunmanagement planning and the specifications for plan, and other matters shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 26 – (Proposals for Formulation of Urban or Gun Management Plans)

(1)Residents (including interested parties; hereinafter the same shall apply) may propose formulation of an urban or Gun management plan pursuant to Article 24, with regard to the following matters, to any person who has the authority to formulate such plan. In such cases, a written proposal shall be accompanied by documents on the urban or Gun management plan and the specifications for the plan:

1.Matters concerning establishing, maintaining, or improving infrastructure;

2.Matters concerning designating or altering a district-unit planning zones, and formulating or altering a district-unit plan;

3.Matters concerning designating or altering a special-purpose district, which is:

(a)A development promotion district prescribed by Presidential Decree, which is for intensively developing and maintaining its industrial function or logistics function among development promotion districts;

(b)A special-purpose district for replacing restrictions on the uses, types, sizes, etc. of buildings or other facilities in the specialpurpose district with a district-unit plan among special-purpose districts designated pursuant to Article 37.

(2)A person proposed to formulate an urban or Gun management plan pursuant to paragraph (1) shall notify the relevant proposer of the results of processing the proposal.

(3)A person proposed to formulate an urban or Gun management plan pursuant to paragraph (1) may require the relevant proposer to fully or partially bear expenses incurred in formulating and determining a proposed urban or Gun management plan, in consultation with the relevant proposer.

(4)Requirements, such as the scale and specialpurpose area of a district, to be met to propose the designation of a development promotion district under paragraph (1) 3, shall be prescribed by Presidential Decree.

(5)Except as otherwise expressly prescribed in paragraphs (1) through (4), proposals for urban or Gun management plans, a percentage of consent from landowners to make proposals, procedures for processing written proposals, and other necessary matters, shall be prescribed by Presidential Decree.

Article 27 – (Basic Surveys, etc. to Formulate Urban or Gun Management Plans)

(1)Article 13 shall apply mutatis mutandis to the formulation of urban or Gun management plans: Provided, That this shall not apply where any minor matters prescribed by Presidential Decree are formulated.

(2)The Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of fishery-resource protection zones designated under Article 40; hereafter in this Article the same shall apply), a Mayor/Do Governor, or the head of a Si/Gunshall include an environmental review, such as an urban or Gunmanagement plan's impact, etc. on the environment, in the details of a basic survey under paragraph (1).

(3)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the head of a Si/Gun shall include an assessment of land suitability and an analysis of vulnerability to disasters in the details of a basic survey under paragraph (1).

(4)Where an area about which the head of a local government intends to formulate an urban or Gun management plan meets requirements prescribed by Presidential Decree, such as where it is located in the downtown or no bare sites remain as the development has been finished, any basic surveys, environmental review, assessment of land suitability, or analysis of vulnerability to disasters provided for in paragraphs (1) through (3) may be omitted.

Article 28 – (Hearing of Opinions of Residents and Local Council)

(1)Where the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article), a Mayor/Do Governor or the head of a Si/Gun formulates an urban or Gun management plan pursuant to Article 25, he/she shall hear the opinions of residents and shall reflect the opinions in a draft urban or Gun management plan where such opinions are deemed appropriate: Provided, That the same shall not apply where they are matters involving confidentiality in relation to national defense or national security (limited to those requested by the heads of related central administrative agencies), or where they are minor matters prescribed by Presidential Decree.

(2)Where the Minister of Land, Infrastructure and Transport or a DoGovernor intends to formulate an urban or Gun management plan pursuant to Article 24 (5) and (6), he/she shall forward a draft urban or Gun management plan to the related Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun, specifying a deadline for hearing the opinions of residents.

(3)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun in receipt of a draft urban or Gun management plan under paragraph (2) shall hear the opinions of residents on the relevant draft urban or Gun management plan by the specified deadline and shall submit the results thereof to the Minister of Land, Infrastructure and Transport or the competent Do Governor.

(4)Matters necessary for hearing of residents' opinions under paragraph (1) shall be determined by municipal ordinance of the relevant local government pursuant to standards prescribed by Presidential Decree.

(5)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the head of a Si/Gun intends to formulate an urban or Gun management plan, he/she shall hear the opinions of the relevant local council on matters prescribed by Presidential Decree.

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

(7)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun intends to hear the opinion of the local council pursuant to paragraph (5), he/she shall forward a draft urban or Gun management plan, specifying a period for presenting opinions. In such cases, the relevant local council shall present its opinion to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun by a specified deadline.

Article 29 – (Persons with Authority to Determine Urban or Gun Management Plans)

(1)A Mayor/Do Governor shall determine an urban or Gunmanagement plan either at his/her own initiative or at the request of the head of a Si/Gun: Provided, That in cases of a large city with a population of at least 500,000 (hereinafter referred to as "large city"), excluding Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities referred to in Article 175 of the Local Autonomy Act, the Mayor of the relevant city (hereinafter referred to as "Mayor of a large city") shall determine an urban or Gunmanagement plan at his/her own initiative, and the head of a Si/Gunshall directly the following urban or Gun management plans at his/her own initiative:

1.An urban or Gun management plan formulated by the head of the Si/Gun concerning designating and altering a district-unit planning zone and formulating and altering a district-unit plan;

2.An urban or Gun management plan concerning abolishing a special-purpose district, which is replaced with a district-unit plan pursuant to Article 52 (1) 1-2 [limited to where the head of the relevant Si (excluding the Mayor of a large City)/Gun has consulted with the Mayor/Do Governor in advance].

(2)Notwithstanding paragraph (1), the following urban or Gunmanagement plans shall be determined by the Minister of Land, Infrastructure and Transport: Provided, That an urban or Gunmanagement plan referred to in subparagraph 4 shall be determined by the Minister of Oceans and Fisheries:

1.An urban or Gun management plan formulated by the Minister of Land, Infrastructure and Transport pursuant to Article 24 (5);

2.An urban or Gun management plan concerning designating and altering a development restriction zone pursuant to Article 38;

3.An urban or Gun management plan concerning designating and altering an urbanizationcoordination zone pursuant to the proviso to Article 39 (1);

4.An urban or Gun management plan concerning designating and altering a fishery-resource protection zone pursuant to Article 40;

5.An urban or Gun management plan concerning designating and altering an area under minimal siting restrictions, and a plan for areas under minimal siting restrictions pursuant to Article 40-2.

Article 30 – (Determination of Urban or Gun Management Plans)

(1)A Mayor/Do Governor shall consult in advance with the heads of related administrative agencies to determine an urban or Gunmanagement plan and the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of fishery-resource protection zones under Article 40; hereafter the same shall apply in this Article) shall consult in advance with the heads of related central administrative agencies to determine an urban or Gun management plan. In such cases, the heads of agencies in receipt of a request for consultations shall present their opinions within 30 days after receipt of the request, except in special circumstances.

(2)A Mayor/Do Governor shall consult in advance with the Minister of Land, Infrastructure and Transport to alter an urban or Gunmanagement plan formulated and determined by the Minister of Land, Infrastructure and Transport pursuant to Article 24 (5) or to determine an urban or Gun management plan concerning important matters prescribed by Presidential Decree.

(3)Where the Minister of Land, Infrastructure and Transport intends to determine an urban or Gun management plan, he/she shall submit such plan to the Central Urban Planning Committee for deliberation, and where the Mayor/Do Governor intends to determine an urban or Gun management plan, he/she shall submit such plan to the City/Dourban planning committee for deliberation: Provided, That where a Mayor/Do Governor determines a district unit plan (when he/she determines a district unit plan and a district unit planning zone at the same time, he/she may include matters concerning the designation or alteration of a district unit planning zone) or matters concerning abolishing a special-purpose district, which is replaced with a district unit plan pursuant to Article 52 (1) 1-2, he/she shall submit such plan to the building committee established in the City/Do pursuant to Article 4 of the Building Act and the urban planning committee for joint deliberation, as prescribed by Presidential Decree.

(4)The Minister of Land, Infrastructure and Transport or a Mayor/DoGovernor may omit procedures stipulated in paragraphs (1) through (3) for the whole or part of such urban or Gun management plan, when he/she deems that it involves confidentiality in relation to national defense or national security (limited to where the heads of related central administrative agencies make a request).

(5)Paragraphs (1) through (4) shall apply mutatis mutandis to any alteration to the determined urbanor Gun management plans: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are altered.

(6)Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor has determined an urban or Gun management plan, he/she shall publicly notify such determination, as prescribed by Presidential Decree, and the Minister of Land, Infrastructure and Transport or a Do Governor shall forward related documents to the related Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the related Si/Gun to make them available for public perusal, and the related Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, or Special Self-Governing Province Governor shall make related documents available for public perusal.

(7)Paragraphs (1) through (6) shall apply mutatis mutandis where the head of a Si/Gun determines an urban or Gun management plan. In such cases, a "Mayor/Do Governor" shall be construed as the "head of a Si/Gun", the "City/Do urban planning committee" as the "Si/Gun/Gu urban planning committee under Article 113 (2)", the building committee established in a City/Do pursuant to Article 4 of the Building Act" as the "building committee established in a Si/Gunpursuant to Article 4 of the Building Act", and "the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor" as the "head of a Si/Gun," respectively.

Article 31 – (Effects of Determination as to Urban or Gun Management Plans)

(1)Any determination as to an urban or Gun management plan shall take effect from the date a topographic map is announced pursuant to Article 32 (4).

(2)A person who has already commenced business or work as at the time an urban or Gun management plan is determined (referring to a person who has commenced business or work upon obtaining the relevant license, authorization, approval, etc., where the license, authorization, approval, etc. needs to be obtained pursuant to this Act or other Acts) may continue such business or work, irrespective of determination of relevant urban or Gun management plans: Provided, That where an urban or Gun management plan concerning an urbanization-coordination zone or a fisheryresource protection zone is determined, he/she may continue his/her business or work after filing a report thereon with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun, as prescribed by Presidential Decree.

(3)Except as otherwise expressly provided for in paragraph (1), Article 8 (3) through (5) of the Framework Act on the Regulation of Land Use shall apply to taking effect and invalidation of a determination of an urban or Gunmanagement plan.

Article 32 – (Public Announcements, etc. of Topographic Maps as to Urban or Gun Management Plans)

(1)Where the determination of an urban or Gun management plan under Article 30 (hereinafter referred to as "determination of an urban or Gun management plan") is publicly announced, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall prepare a drawing specifying matters concerning the urban or Gun management plan on a topographic map indicating land registration.

(2)Where the head of a Si (excluding the Mayor of a large city) or the head of a Gun prepares a drawing specifying matters concerning an urban or Gun management plan (excluding an urban or Gunmanagement plan on the designation or alteration of a district unit planning zone and the formulation or alteration of a district unit plan) on a topographic map under paragraph (1), he/she shall obtain approval from the Do Governor. In such cases, the Do Governor in receipt of a request for approval of the topographic drawing shall grant approval of the topographic drawing within a period set by Presidential Decree if he/she deems that no error exists in such topographic drawing in comparison with the urban or Gunmanagement plan determined and publicly announced.

(3)Where the Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article) or a Do Governor has directly drafted an urban or Gunmanagement plan, he/she may directly prepare a topographic drawing after hearing the opinions of the related Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the related Special Self-Governing Province or the head of the related Si/Gun, notwithstanding paragraphs (1) and (2).

(4)Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun has directly prepared or approved a topographic map, he/she shall publicly announce it.

(5)Article 8 (2) and (6) through (9) of the Framework Act on the Regulation of Land Use shall apply to standards and methods for preparing topographic maps under paragraphs (1) and (3) and methods and standards for announcing topographic maps under paragraph (4).

Article 33 – Deleted.

Article 34 – (Adjustment of Urban or Gun Management Plans)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall conduct an overall review of the feasibility as to whether an urban or Gun management plan for his/her jurisdiction is appropriate, five-yearly, as prescribed by Presidential Decree, and adjust such plan.

(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall conduct an overall review of an urban or Gun management plan for his/her jurisdiction, and adjust such plan, including revoking the determination of urban or Gun planning facilities that cannot be built, by December 31, 2016, in preparation for invalidation of a determination of urban or Gunplanning facilities under Article 48 (1), as prescribed by Presidential Decree.

Article 35 – (Special Cases concerning Drafting Urban or Gun Management Plans)

(1)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the head of a Si/Gun deems it necessary to promptly draft an urban or Gun management plan, he/she may concurrently draft said plan when formulating a metropolitan plan or an urban or Gun master plan.

(2)The Minister of Land, Infrastructure and Transport (referring to the Minister of Oceans and Fisheries in cases of a fishery-resource protection zone under Article 40), a Mayor/Do Governor or the head of a Si/Gun may consult on matters to be consulted pursuant to Article 30(1) with the heads of related central administrative agencies or the heads of related administrative agencies when drafting an urban or Gun management plan, where deemed necessary. In such cases, the head of a Si/Gun shall submit the results of consultations with the heads of related administrative agencies when he/she files an application for determination of an urban or Gun management plan (excluding an urban or Gun management plan on the designation or alteration of a district unit planning zone and the formulation or alteration of a district unit plan) with the Do Governor.

(3)Consultations under Article 30 (1) may be omitted with respect to matters consulted in advance pursuant to paragraph (2).

SECTION 2 – Special-Purpose Areas, Special-Purpose Districts and Special-Purpose Zones

Article 36 – (Designation of Special-Purpose Areas)

(1)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city shall make a decision on the designation or alteration of any of the following special-purpose areas based on an urban or Gun management plan:

1.Urban areas: To be designated under any of the following categories:

(a)Residential areas: Areas necessary to protect peaceful dwelling and sound living environment;

(b)Commercial areas: Areas necessary to increase convenience in commerce and other businesses;

(c)Industrial areas: Areas necessary to increase convenience of industries;

(d)Green areas: Areas requiring the conservation of green areas to protect the natural environment, farmland and forests, health and sanitation, security and to prevent any disorderly sprawl of cities;

2.Control areas: To be designated under any of the following categories:

(a)Conservation and control areas: Areas difficult to be controlled by designating them as natural environment conservation areas, in consideration of relationship, etc. with peripheral special-purpose areas, while conservation is necessary to protect the natural environment, and forests, to prevent water pollution, to secure green spaces, to conserve ecosystems, etc.;

(b)Production control areas: Areas difficult to be controlled by designating them as agricultural and forest areas, in consideration of relationship, etc. with peripheral specialpurpose areas, while a control is needed for the production in agricultural, forestry and fishery businesses, etc.;

(c)Planned control areas: Areas requiring planned and systematic control that are expected to be integrated into an urban area, but intended for restricted utilization and development in view of the natural environment;

3.Agricultural and forest areas;

4.Natural environment conservation areas.

(2)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city may designate or alter a special-purpose area under any subparagraph of paragraph (1) and each item of each subparagraph of the same paragraph after subdividing such areas by a determination of an urban or Gunmanagement plan, as prescribed by Presidential Decree.

Article 37 – (Designation of Special-Purpose Districts)

(1)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city shall make a decision on designation or alteration of any of the following special-purpose districts, by an urban or Gun management plan:

1.Scenic districts: Districts necessary to conserve, manage, and create scenery;

2.Height restriction districts: Districts where the maximum limits on the heights of buildings needs to be regulated to create pleasant environments and to efficiently use land;

3.Fire-prevention districts: Districts necessary to prevent the risk of a fire;

4.Disaster-prevention districts: Districts necessary to prevent the storm and flood damage, landslide, ground collapse and other disasters;

5.Protected districts: Districts necessary to protect and conserve cultural heritage assets, major infrastructure (referring to infrastructure prescribed by Presidential Decree, such as harbors and airports) and areas of great conservative value culturally and ecologically;

6.Settlement districts: Districts to improve the settlements within a green area, control area, agricultural and forest area, natural environment conservation area, development restriction zone, or urban natural park zone;

7.Development promotion districts: Districts where the functions of dwelling, commerce, industry, distribution and logistics, tourism and recreation, etc. need to be intensively developed and improved;

8.Special-purpose restricted districts: Districts where the locations of specific facilities, such as facilities that emit or discharge pollutants and facilities harmful to juveniles, need to be restricted for the purpose of protecting the residential and educational environment, the juveniles, etc.;

9.Combined special-purpose districts: Districts where requirements for locating specific facilities need to be relaxed to promote the efficient and combined use of land, taking account of the status of land use, demand for development, surrounding circumstances, etc. therein;

10.Other districts prescribed by Presidential Decree.

(2)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city may designate or alter special-purpose districts under each subparagraph of paragraph (1) after subdividing such districts by determination of an urban or Gunmanagement plan, as prescribed by Presidential Decree, where deemed necessary.

(3)Where deemed necessary on the ground of local conditions, a Mayor/Do Governor or the Mayor of a large city may determine any designation or alteration of special-purpose districts, other than a special-purpose district under each subparagraph of paragraph (1), by an urban or Gun management plan, by stipulating any title of a special-purpose district and the purpose of its designation, and any matters, etc. concerning the prohibition and restriction of construction and other acts under municipal ordinances of the relevant City/Do or large city, pursuant to standards prescribed by Presidential Decree.

(4)A Mayor/Do Governor or the Mayor of a large city shall determine the designation or alteration of an area prescribed by Presidential Decree, such as an area where coastal erosion is happening or is likely to happen, as a disaster prevention district referred to in paragraph (1) 5 by an urban or Gun management plan. In such cases, he/she shall include disaster-mitigating measures for the relevant disaster prevention district in the content of the urban or Gunmanagement plan.

(5)The Mayor/Do Governor or the Mayor of a large City may designate a combined special-purpose district in a residential area, industrial area and management area prescribed by Presidential Decree, and necessary matters concerning criteria for and methods of the designation thereof shall be prescribed by Presidential Decree.

Article 38 – (Designation of Development Restriction Zones)

(1)Where the Minister of Land, Infrastructure and Transport deems it necessary to restrict urban development in order to secure a sound living environment for urban residents by preventing disorderly urban sprawl of cities, and by conserving the natural environment around cities, or necessary to restrict urban development on the ground of national security upon request from the Minister of National Defense, he/she may determine any designation or alteration of development restriction zones by an urban or Gun management plan.

(2)Matters necessary for designation or alteration of development restriction zones shall be separately prescribed by other Acts.

Article 38-2 – (Designation of Urban Natural Park Zones)

(1)Where a Mayor/Do Governor or the Mayor of a large city deems it necessary to place restrictions on the development of a mountainous district of fair vegetation within urban areas in order to protect the natural environment and scenic beauty of the city, and to provide a wholesome leisure and rest areas to city-dwellers, he/she may make decisions on the designation or alteration of an urban natural park zone by an urban or Gun management plan.

(2)Matters necessary for designation or alteration of an urban natural park zones shall be separately prescribed by other Acts.

Article 39 – (Designation of Urbanization-Coordination Zones)

(1)Where a Mayor/Do Governor deems it necessary to reserve any urbanization during a period set by Presidential Decree to prevent a disorderly urbanization of an urban area and its peripheral areas and to ensure planned and phased developments, he/she may determine, either ex officio or upon request from the heads of related administrative agencies, any designation or alteration of an urbanization-coordination zone, by an urban or Gun management plan: Provided, That where the designation or alteration of an urbanization-coordination zone is required in connection with the State plan, the Minister of Land, Infrastructure and Transport may determine the designation or alteration of an urbanizationcoordination zone by an urban or Gun management plan at his/her own initiative.

(2)A determination of an urban or Gun management plan on designation of an urbanizationcoordination zone shall lose its validity from the day following the date on which the period for reservation of urbanization under paragraph (1) has expired. In such cases, the Minister of Land, Infrastructure and Transport or the Mayor/DoGovernor shall publicly announce such fact, as prescribed by Presidential Decree.

Article 40 – (Designation of Fishery-Resource Protection Zones)

The Minister of Oceans and Fisheries may determine, either ex officioor upon request from the heads of related administrative agencies, any designation or alteration of a fishery-resource protection zone for public waters necessary to protect and foster fishery resources or the land adjacent thereto, by an urban or Gun management plan.

Article 40-2 – (Designation, etc. of Areas under Minimal Siting Restrictions)

(1)The Minister of Land, Infrastructure and Transport may designate any of the following areas and all or part of adjacent areas as an area under minimal siting restrictions, if deemed necessary to promote urban renewal and develop a core in the area by promoting multiple land use in an urban area:

1.A downtown, secondary downtown, or central district in a living zone designated under an urban or Gun master plan;

2.An area that requires the intensive rehabilitation of its surrounding areas centering around facilities which perform a core role in the area among infrastructure, including railroad stations, terminals, ports, public office buildings, and cultural facilities;

3.An area within a radius of one km from a public transport node where at least three lines cross;

4.AA residential area or industrial area where dilapidated and low-quality structures defined in subparagraph 3 of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents are densely situated, which requires urgent renewal;

5.An area subject to promotion of urban regeneration defined in Article 2 (1) 5 of the Special Act on Promotion of and Support for Urban Regeneration, for which an urban economy-based promotion plan defined in Article 2 (1) 6 of the aforesaid Act is formulated.

(2)Each plan for an area under minimal siting restrictions shall include the following matters to achieve the objectives for which the area under minimal siting restrictions is designated:

1.Matters concerning the purposes, types, scales, etc. of buildings;

2.Matters concerning the building-to-land ratios, floor area ratios, and heights of buildings;

3.Matters concerning securing major infrastructure, such as arterial roads;

4.Matters concerning the determination of specialpurpose areas, special-purpose districts, urban or Gun planning facilities, and district-unit plans;

5.Matters concerning the application of relaxed provisions of other Acts referred to in Article 83-2 (1) and (2) or exclusion therefrom;

6.Other matters necessary for systematically developing and managing the area under minimal siting restrictions.

(3)The designation and alteration of areas under minimal siting restrictions under paragraph (1) and each plan for an area under minimal siting restrictions formulated under paragraph (2) shall be determined by an urban or Gun management plan, comprehensively considering the following:

1.Objectives for which the area under minimal siting restrictions is designated;

2.Status of land utilization in the relevant area, such as special-purpose areas and infrastructure;

3.Compliance with the relevant urban or Gun master plan;

4.Impacts on the infrastructure, scenery, environment, etc. of the surrounding areas and the effects of improving and renewing an urban environment;

5.Demand for urban development, and social and economic effects on the relevant community resulting therefrom.

(4)A plan for an area under minimal siting restrictions shall be formulated in such manner that buildingrelated limits, including the purposes, building-toland ratios, and floor area ratios, may be relaxed in consideration of the status of infrastructure secured, and a Mayor/DoGovernor or the head of a Si/Gun/Gu may require developers to fully or partially bear expenses incurred in acquiring a site for infrastructure or in building infrastructure under the plan for the area under minimal siting restrictions in relation to development projects or development activities in the area under minimal siting restrictions. In such cases, no expenses incurred in acquiring a site for infrastructure or in building infrastructure borne by the developers shall exceed an increase in land value following relaxation of building-related limits (referring to the difference in land values appraised by an appraiser under the Act on Appraisal and Certified Appraisers, respectively before and after the relaxation of building-related limits).

(5)Where the Minister of Land, Infrastructure and Transport consults with the heads of the relevant administrative agencies pursuant to Article 30(1) to determine an urban or Gun management plan under paragraph (3), the heads of such relevant administrative agencies in receipt of a request for consultation shall provide their opinions within ten days (based on working days) from the date of receipt of such request.

(6)Where an urban or Gun management plan referred to in paragraph (3) contains any of the following changes or amendments, the competent Mayor/Do Governor may determine such plan, notwithstanding paragraphs (1) and (2):

1.Where the area of an area under minimal siting restrictions is changed by up to ten percent and a plan for the area under minimal siting restrictions so changed, is amended;

2.Where the Mayor/Do Governor amends a plan for an area under minimal siting restrictions to the extent not compromising the objectives for which the area under minimal siting restrictions is designated, as he/she deems necessary: Provided, That the maximum limits of the building-to-land ratio and the floor area ratio shall be changed by up 20 percent thereof.

(7)Even where an urban or Gun management plan referred to in Article 30 is deemed determined under other Acts, areas under minimal siting restrictions shall be designated and plans for areas under minimal siting restrictions shall be determined, as prescribed in this Act only.

(8)Detailed matters concerning the designation and alteration of areas under minimal siting restrictions and the formulation and amendment of plans for areas under minimal siting restrictions, such as guidelines for formulating plans for areas under minimal siting restrictions, shall be prescribed and announced by the Minister of Land, Infrastructure and Transport.

Article 41 – (Designation of Reclaimed Land of Public Waters as Special-Purpose Areas)

(1)Where the purpose of reclaiming public waters (limited to the sea) is identical with the details of a special-purpose area neighboring on the relevant reclaimed districts, notwithstanding the provisions of Articles 25and 30, the relevant district that has completed a reclamation shall be deemed designated as a special-purpose area neighboring thereon without taking procedures for drafting and determining an urban or Gun management plan from the date on which the completion of such reclamation is approved. In such cases, the related Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the related Special Self-Governing Province or the head of the related Si/Gun shall make a public notification of such fact, without delay.

(2)Where the purpose of reclaiming public waters is different from the details of a special-purpose area neighboring on the relevant reclaimed district, and where the said reclaimed district extends over two or more special-purpose areas or neighbors thereon, a special-purpose area whereto such reclaimed district belongs shall be designated bydetermining its urban or Gun management plan.

(3)Where the head of a related administrative agency performs completion inspection of reclamation of public waters under the Public Waters Management and Reclamation Act, he/she shall, without delay, notify the related Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the related Special Self-Governing Province or the head of the related Si/Gun thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Article 42 – (Legal Fiction of Designation, etc. of Areas Designated by other Acts as Special-Purpose Areas)

(1)An area designated and publicly announced as any of the following zones, etc. shall be deemed determined and publicly announced as an urban area under this Act:

1.A public water connected with an urban area, being a harbor zone under subparagraph 4 of Article 2 of the Harbor Act;

2.A public water connected with an urban area, being a fishery-harbor zone under Article 17 (1) of the Fishing Villages and Fishery Harbors Act;

3.A national industrial complex, general industrial complex, and urban high-tech industrial complex under subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act;

4.A district for housing site development under Article 3 of the Housing Site Development Promotion Act;

5.An electric power source development project zone and prearranged zone under Articles 5 and 11 of the Electric Power Source Development Promotion Act (excluding any electric power source development project zone and any prearranged zone for installing only water-power plants or power transmission and transforming facilities; hereafter the same shall apply in this Article).

(2)An area designated and publicly announced as an agriculture promotion area under the Farmland Act within the control area shall be deemed determined and publicly announced as an agricultural and forest area under this Act, and an area designated and publicly announced as a conserved mountainous district under the Mountainous Districts Management Act among forests within the control area shall be deemed determined and publicly announced as an agricultural and forest area or a natural environment conservation area under this Act pursuant to the classification in the relevant public announcement.

(3)Where the head of a related administrative agency designates a harbor zone, fishery-harbor zone, industrial complex, district for housing site development, electric power source development project zone and its prearranged zone, agricultural promotion area or conserved mountainous districts, all of which fall under paragraphs (1) and (2), he/she shall indicate such designation on a topographic drawing or topographic map publicly announced pursuant to Article 32, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun having jurisdiction over the relevant areas thereof.

(4)Where a designation of a zone, complex, district, etc. falling under paragraph (1) (hereafter referred to as "zone, etc." in this paragraph) is revoked (excluding any revocation upon completion of a development project) and where this Act or another Act does not otherwise prescribe any special-purpose area to which the relevant zone, etc. belongs, the zone, etc. shall be deemed reinstated to the previous special-purpose area prior to its designation. In such cases, the designation authority shall publicly announce such reinstatement of the special-purpose area, as prescribed by Presidential Decree, and notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun having jurisdiction over the relevant areas thereof.

(5)A person who has already commenced business or work as at the time the special-purpose area is reinstated pursuant to paragraph (4) (referring to a person who has commenced business or work by obtaining the relevant permission, authorization, approval, etc., where the permission, authorization, approval, etc. are required pursuant to this Act or other Acts), may continue his/her business or work, regardless of the reinstatement of the relevant special-purpose area.

SECTION 3 – Urban or Gun Planning Facilities

Article 43 – (Installation and Management of Urban or Gun Planning Facilities)

(1)In order to install infrastructure on the ground, on water, in the air, in water or underground, the type, title, location, size, etc. of such infrastructure shall be determined in advance by an urban or Gunmanagement plan: Provided, That the same shall not apply to cases prescribed by Presidential Decree by taking account of the characteristics of a special-purpose area and infrastructure.

(2)Matters necessary for the determination, structure and standards for installation of urban or Gun planning facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the detailed matters thereof may be prescribed by City/Do ordinance within the extent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where special provisions exist in another Act, such Act shall govern.

(3)Except for cases where this Act or other Acts prescribe otherwise with regard to the management of urban or Gun planning facilities installed pursuant to paragraph (1), matters concerning the management of urban or Gun planning facilities shall be prescribed by Presidential Decree, where they are managed by the State, and by municipal ordinance of the relevant local government where they are managed by the local government.

Article 44 – (Installation of Utility Tunnels)

(1)Where a person (hereafter referred to as "project implementer" in this Article) implements a development project in any of the following areas, districts, zones, etc. (hereafter referred to as "area, etc." in this paragraph) exceeding the scale prescribed by Presidential Decree, he/she shall install a utility tunnel in the relevant area, etc.:

1.An urban development zone defined in Article 2 (1) of the Urban Development Act;

2.A district for housing site development defined in subparagraph 3 of Article 2 of the Housing Site Development Promotion Act;

3.A free economic zone defined in subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zones;

4.A rearrangement zone defined in subparagraph 1 of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

5.Other areas prescribed by Presidential Decree.

(2)Where frequent installation and maintenance of underground facilities cause problems in maintaining road structures and ensuring smooth road traffic, a road management agency referred to in Article 23 of the Road Act shall examine whether the installation of a utility tunnel is feasible. In such cases, the utility tunnel shall be installed in a phased manner, in consideration of financial conditions, installation priority, etc.

(3)Where any utility tunnel is installed, it shall be ensured that the facilities to be housed in the relevant utility tunnel shall be entirely housed in said tunnel, as prescribed by Presidential Decree.

(4)A plan for the installation of utility tunnels shall be included when formulating a plan for a development project under paragraph (1). In such cases, a prior consultation shall be held with a person who intends to occupy and use a utility tunnel (hereafter referred to as "person scheduled to occupy and use a utility tunnel" in this Article) in order to install facilities to be housed in the utility tunnel pursuant to paragraph (3) concerning the route, scale, etc. of installation, and then the utility tunnel council under Article 44-2 (4) shall deliberate thereon.

(5)Unless otherwise specifically provided for in this Act or other Acts, expenses incurred in installing utility tunnels (including the improvement thereof) shall be borne by a person scheduled to occupy and use a utility tunnel and a project implementer. In such cases, a person scheduled to occupy and use the utility tunnel shall bear the expenses within the extent of expenses to be incurred in individually burying relevant facilities, as prescribed by Presidential Decree.

(6)Where a person scheduled to occupy and use the utility tunnel and a project implementer bear expenses incurred in installing utility tunnels pursuant to paragraph (5), the State, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may subsidize or finance all or part of expenses incurred therein to ensure smooth installation of utility tunnels.

(7)Unless otherwise specifically provided for in other Acts, standards, etc. for the installation of facilities to be housed in utility tunnels pursuant to paragraph (3) shall be determined by the Minister of Land, Infrastructure and Transport.

Article 44-2 – (Management, Operation, etc. of Utility Tunnels)

(1)Utility tunnels shall be managed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun (hereafter referred to as "utility tunnel manager" in this Article and Article 44-3): Provided, That the management and operation of the utility tunnels may be entrusted to institutions prescribed by Presidential Decree, where deemed necessary for efficient management and operation thereof.

(2)A utility tunnel manager shall formulate and implement a safety and maintenance plan of the relevant utility tunnel every five years, as prescribed by Presidential Decree.

(3)A utility tunnel manager shall conduct a safety inspection of the utility tunnels at least annually, as prescribed by Presidential Decree, and shall take necessary measures, such as a precise safety diagnosis, repair, reinforcement, etc. without delay, where the results of the safety inspection reveal any faults.

(4)A utility tunnel manager may organize a utility tunnel council to deliberate and consult on major matters concerning the installation and management of utility tunnels. In such cases, matters necessary for the organization, operation, etc. of the utility tunnel council shall be prescribed by Presidential Decree.

(5)The Minister of Land, Infrastructure and Transport may determine matters necessary for the management of utility tunnels.

Article 44-3 – (Management Expenses, etc. of Utility Tunnels)

(1)Expenses incurred in managing a utility tunnel shall be jointly borne by persons who occupy and use the utility tunnel, but the rate of apportionment thereof shall be determined by the relevant utility tunnel manager, in consideration of areas occupied and used.

(2)Where a person who fails to bear expenses incurred in installing a utility tunnel (including a person who fails to make a full payment of the amount to be borne) intends to occupy and use the utility duct, he/she shall obtain permission from the relevant utility tunnel manager.

(3)A person who occupies or uses a utility tunnel shall pay a fee for occupancy and use thereof, as determined by municipal ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun that manages the utility tunnel.

Article 45 – (Installation, Management, etc. of Metropolitan Facilities)

(1)Installation and management of metropolitan facilities shall be governed by Article 43.

(2)The related Special Metropolitan City Mayor, Metropolitan City Mayor or a Special Self-Governing City Mayor, the Governor of the related Special Self-Governing Province or the head of the related Si/Gunmay install and manage any metropolitan facilities by entering into an agreement or by setting up a council, etc.: Provided, That where no agreement is reached or no council is set up, and the relevant Si/Gunbelongs to the same Do, the competent Do Governor may install and manage metropolitan facilities.

(3)Any metropolitan facilities to be installed under the State plan may be installed and managed by any corporation established pursuant to other Acts that engages in the installation or management of the relevant metropolitan facilities for its business objective or its business items.

(4)Where a local government installs any metropolitan facilities that are likely to cause severe environmental pollution or to significantly obstruct the development of the relevant region in a zone under the jurisdiction of any other local government, it shall either implement a project for preventing environmental pollution or improving the convenience of residents of the relevant regions together with the relevant local government, or subsidize funds necessary therefor to the relevant local government, as prescribed by Presidential Decree: Provided, That where other Acts prescribe otherwise, such Acts shall govern.

Article 46 – (Standards for Installing Urban or Gun Planning Facilities in Air and Underground, and Compensation therefor, etc.)

In installing urban or Gun planning facilities in the air, in water, on water or underground, the standards for their height or depth and the compensation, etc. for any person subject to restrictions on the exercise of his/her ownership over the land or buildings due to such installations, shall be separately prescribed by Acts.

Article 47 – (Requests for Purchase of Sites for Urban or Gun Planning Facilities)

(1)Where an urban or Gun planning facility project to install urban or Gun planning facilities is not implemented (excluding where an implementation plan is authorized under Article 88, or where corresponding procedures have been taken; hereinafter the same shall apply) within ten years from the date on which the determination of the urban or Gun management plan for the urban or Gun planning facilities (hereinafter referred to as "determination of urban or Gunplanning facilities") is publicly announced, the owner of any land, the category of which is a site among land determined as the site for urban or Gun planning facilities (including buildings and fixtures on the same land; hereafter the same shall apply in this Article) may file a request for purchase of the land with 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, as prescribed by Presidential Decree: Provided, That he/she may file a request for purchase of relevant land with the relevant person (including 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; hereafter in this Article, referred to as "person obligated to purchase") in any of the folowing cases:

1.Where the operator of the urban or Gun planning facility project is determined pursuant to this Act, that operator;

2.Where a person is liable to install or manage urban or Gun planning facilities under this Act or other Acts, that person. In such cases, where a person liable to install urban or Gun planning facilities and a person liable to manage such facilities are not the same, a request for purchase shall be filed with the person liable to install such facilities.

(2)Where a person obligated to purchase land purchases the land requested for purchase pursuant to paragraph (1), he/she shall pay the price in cash: Provided, That where a person obligated to purchase land is a local government in any of the following cases, he/she may pay the price by issuing bonds (hereinafter referred to as "urban or Gun planning facility bonds"):

1.Where desired by a land owner;

2.Where land held by absentee property owner or non-business land prescribed by Presidential Decree is purchased and the purchase price exceeds the amount prescribed by Presidential Decree; the case of paying the excess.

(3)The redemption period of urban or Gun planning facility bonds shall not exceed ten years; the interest rate shall be not lower than the average of the interest rates of time deposit savings with oneyear maturity applied by banks that conduct their business nationwide among banks authorized under the Banking Act as at the time such bonds are issued; and the definite redemption period and interest rate shall be set by municipal ordinances of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.

(4)Except as otherwise expressly provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the purchase price, procedures for purchase, etc. of land for which a request for purchase has been filed.

(5)Except as otherwise expressly provided for in this Act, the Local Finance Act shall apply to procedures for the issuance of urban or Gunplanning facility bonds and other necessary matters.

(6)A person obligated to purchase land shall decide on whether to purchase the land within six months from the date of receipt of a request for purchase under paragraph (1), and notify the land owner and 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 (excluding where a person obligated to purchase land is 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) of his/her decision, and purchase the land determined to be purchased, within two years from the date on which a decision on purchase is notified.

(7)An owner of land requested for purchase pursuant to paragraph (1), may construct a building or structure prescribed by Presidential Decree with permission granted under Article 56, in any of the following cases. In such cases, Articles 54, 58 and 64 shall not apply thereto:

1.Where it is determined not to purchase the land pursuant to paragraph (6);

2.Where the land is not purchased until two years elapse from the date on which a decision on purchase has been notified pursuant to paragraph (6).

Article 48 – (Invalidation, etc. of Determination of Urban or Gun Planning Facilities)

(1)Where any urban or Gun planning facilities project concerning installation of relevant facilities is not implemented until 20 years elapse from the date on which determination of urban or Gunplanning facilities has been publicly announced, determination of such urban or Gun planning facilities shall be invalidated on the date following the 20th anniversary of such public announcement.

(2)Where a determination on urban or Gun planning facilities is invalidated pursuant to paragraph (1), a Mayor/Do Governor or the Mayor of a large city shall publicly announce such fact without delay, as prescribed by Presidential Decree.

(3)Where it is unnecessary to install urban or Gun planning facilities (excluding facilities the head of a related central administrative agency is scheduled to directly install among urban or Gun planning facilities determined and publicly announced by the Minister of Land, Infrastructure and Transport; hereafter the same shall apply in this Article) the determination of which has been publicly announced or where an urban or Gun planning facilities project for the installation of the relevant facilities is not implemented until ten years have passed from the date of such announcement, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall report the current status thereof and a phased implementation plan under Article 85 to the relevant local council, as prescribed by Presidential Decree.

(4)Each local council reported pursuant to paragraph (3) may recommend the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun to cancel the determination of urban or Gun planning facilities, as prescribed by Presidential Decree.

(5)Except in extenuating circumstances, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun recommended to cancel the determination of urban or Gun planning facilities pursuant to paragraph (4) shall determine an urban or Gun management plan to cancel the determination of such urban or Gun planning facilities or file an application for such determination with the Do Governor, as prescribed by Presidential Decree. In such cases, except in extenuating circumstances, the DoGovernor who has received an application shall determine an urban or Gun management plan to cancel the determination of such urban or gun planning facilities.

Article 48-2 – (Filing Applications, etc. to Revoke Determination of Urban or Gun Planning Facilities)

(1)Where no project to build an urban or Gun planning facility is implemented within ten years from the date on which the determination of the urban or Gun planning facility was publicly notified, and no implementation plan is formulated by the time the determination of such urban or Gun planning facility becomes invalid based on the phased implementation plan formulated under Article 85(1), each owner of land designated as a site for such urban or Gunplanning facility may file an application with a person who has the authority to formulate an urban or Gun management plan for the relevant urban or Gun planning facility, to formulate an urban or Gunmanagement plan to revoke the determination of the urban or Gunplanning facility on the land, as prescribed by Presidential Decree.

(2)The person who has the authority to formulate an urban or Gunmanagement plan shall determine whether to formulate such plan, and notify the relevant landowner thereof, within three months of receipt of an application filed under paragraph (1), and formulate an urban or Gun management plan to revoke the determination of the relevant urban or Gun planning facility, except in extenuating circumstances prescribed by Presidential Decree, such as where he/she formulates an implementation plan to build the relevant urban or Gun planning facility by the time the determination of such urban or Gun planning facility becomes invalid.

(3)In cases prescribed by Presidential Decree, such as where no urban or Gun management plan is formulated to revoke the determination of the relevant urban or Gun planning facility, the landowner who has filed an application under paragraph (1) may file an application with the person who has the authority to determine the urban or Gunmanagement plan for such urban or Gun planning facility, to revoke the determination of the urban or Gun planning facility.

(4)The person who has the authority to determine an urban or Gunmanagement plan shall determine whether to revoke the determination of the relevant urban or Gun planning facility, and notify the relevant landowner thereof, within two months of receipt of an application filed under paragraph (3), and revoke the determination of such urban or Gun planning facility, except in extenuating circumstances.

(5)In cases prescribed by Presidential Decree, such as where the determination of the relevant urban or Gun planning facility is not revoked, the landowner who has filed an application for revocation pursuant to paragraph (3) may file an application with the Minister of Land, Infrastructure and Transport to examine the revocation of the determination of such urban or Gun planning facility.

(6)Upon receipt of an application filed under paragraph (5), the Minister of Land, Infrastructure and Transport may recommend the person who has the authority to determine an urban or Gun management plan for the relevant urban or Gun planning facility, to revoke the determination of such urban or Gun planning facility, as prescribed by Presidential Decree.

(7)Upon receipt of a recommendation to revoke the determination of an urban or Gun planning facility under paragraph (6), the person who has the authority to determine an urban or Gun management plan shall revoke the determination of the urban or Gun planning facility, except in extenuating circumstances.

(8)Procedures for formulating urban or Gun management plans to revoke the determination of urban or Gun planning facilities under paragraph (2) and procedures for revoking the determination of urban or Gun planning facilities under paragraphs (4) and (7) shall be prescribed by Presidential Decree.

SECTION 4 – District-Unit Plan

Article 49 – (Formulation of District-Unit Plans)

(1)A district-unit plan shall be formulated in consideration of the followings:

1.purpose of designation of a district-unit planning zone, such as urban improvement, management, preservation and development;

2.core functions of a district-unit planning zone, such as residence, industry, distribution, tourism and recreation and complex;

3.Characteristics of the relevant specific-use areas;

4.Other matters prescribed by Presidential Decree.

(2)Standards, etc. for the formulation of a district-unit plan shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 50 – (Determination of District-Unit Planning Zones and District Unit Plans)

District-unit planning zones and a district-unit plan shall be determined by an urban or Gun management plan.

Article 51 – (Designation, etc. of District-Unit Planning Zones)

(1)The Minister of Land, Infrastructure and Transport, the Mayor/DoGovernor or the head of a Si/Gun may designate all or part of any of the following areas or zones as a district-unit planning zone:

1.A special-purpose area designated under Article 37;

2.An urban development zone designated under Article 3 of the Urban Development Act;

3.A rearrangement zone designated under Article 8 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

4.A housing site development zone designated under Article 3 of the Housing Site Development Promotion Act;

5.A district for a housing site development project designated under Article 15 of the housing Act;

6.An industrial complex defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act and a quasi-industrial complex defined in subparagraph 12 of the same Article;

7.AA tourism complex designated under Article 52 of the Tourism Promotion Act and a special tourism district designated under Article 70 of the same Act;

8.An area requiring planned development or management, among areas freed from a development restriction zone, urban natural park zone, urbanization-coordination zone, or park, an area converted from a green area into a residential, commercial, and industrial area, and an area newly incorporated into an urban area;

8-2.An area for which it is required to promote the complex use of land, such as the combination of functions of residence, commercial activities, affairs, etc., in an urban area, which meets requirements prescribed by Presidential Decree;

8-3.An area requiring intensive improvement to rationalize the use of land and to promote its functions by efficiently developing unused land in an urban area, or relocating or repositioning a correctional institution, military installations and other facilities prescribed by Presidential Decree, which meets requirements prescribed by Presidential Decree;

9.An area requiring systematic and planned management or development of an urban area;

10.Other areas prescribed by Presidential Decree as necessary to secure a wholesome environment and to improve the functions, scenery, etc.

(2)The Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the head of a Si/Gun shall designate any of the following areas as a districtunit planning zone: Provided, That the same shall not apply where any plan for land utilization and building construction has been formulated for the relevant area pursuant to the related Acts:

1.Areas for which ten years elapsed after completion of projects implemented in areas referred to in paragraph (1) 3 and 4;

2.Areas prescribed by Presidential Decree that require a systematic and planned development or management, among those referred to in each subparagraph of paragraph (1).

(3)Where an area, other than an urban area, is to be designated as a district-unit planning zone, the area shall be any of the following areas:

1.An area, at least 50/100 of the surface area of which is a planned control area designated pursuant to Article 36, which meets requirements prescribed by Presidential Decree;

2.An area designated as a development promotion district pursuant to Article 37, which meets requirements prescribed by Presidential Decree;

3.An area for which it is intended to disuse a special-purpose district designated pursuant to Article 37 and to replace restrictions on acts, etc. in such special-purpose district with a district-unit plan.

(4)Deleted.

Article 52 – (Details of District-Unit Plans)

(1)In order to achieve the objective of designating a district-unit planning zone, at least two matters including matters referred to in subparagraphs 2 and 4 among the following shall be included in a district-unit plan: Provided, That this shall not apply to a district-unit plan, the details of which are stipulated in subparagraph 1-2:

1.Subdivision or alteration of a special-purpose area or special-purpose district within the scope prescribed by Presidential Decree;

1-2.Matters that disuse the existing specific-use district and replace restrictions on uses, kinds and sizes of buildings or other facilities in such specific use district;

2.Arrangement and size of infrastructure prescribed by Presidential Decree;

3.Size of a group of areas surrounded by roads, or of a group of land partitioned off for a planned development and consolidation, and a creation plan therefor;

4.Restrictions on the use of buildings, and the maximum or minimum limit on the building-toland ratio, floor area ratio, or height of buildings;

5.Plans for the arrangement, type, color or building line of buildings;

6.Environmental control and scenery plans;

7.Traffic processing plans;

8.Other matters prescribed by Presidential Decree, necessary to rationalize land utilization, and to increase the functions, etc. of the cities, the agricultural, forest and fishery villages.

(2)Any district-unit plan shall ensure that the capacity for treating, supplying and accommodating urban or Gun planning facilities prescribed by Presidential Decree, such as roads, tap-water, sewerage system, etc., is to be in harmony with the development density, such as the total floor area of buildings within a district-unit planning zone, and the population to be accommodated, etc.

(3)Within a district-unit planning zone, Articles 76 through 78 of this Act, and Articles 42, 43, 44, 60 and 61 of the Building Act, and Articles 19 and 19-2 of the Parking Lot Act may be mitigated and applied within the extent prescribed by Presidential Decree, in accordance with a district-unit plan.

(4)Deleted.

Article 53 – (Invalidation, etc. of Determination of Urban or Gun Management Plans as to Designation of District-Unit Planning Zones and District-Unit Plans)

(1)Unless a district-unit plan as to a district-unit planning zone is determined and publicly announced within three years from the date the determination of an urban or Gun management plan as to a designation of the district-unit planning zone has been publicly announced, the determination of the urban management plan as to a designation of such district-unit planning zone shall become invalid on the date following the third anniversary of the date of announcement: Provided, That where other Acts prescribe otherwise a determination of a districtunit plan (including where it is deemed determined), a designation of a district-unit planning zone shall remain valid until the districtunit plan is determined pursuant to such Acts.

(2)Unless a project or construction works commence with permission, authorization, or approval granted under this Act or other Acts within five years from the date the determination of an urban or Gunmanagement plan as to a district-unit plan (limited to a district-unit plan, the formulation of which is proposed by residents pursuant to Article 26 (1)), the determination of the urban or Gun management plan as to such district-unit plan shall become invalid on the date following the fifth anniversary of the date of announcement. In such cases, matters concerning the determination of an urban or Gunmanagement plan related to a district-unit plan shall be deemed reinstated to an urban or Gun management plan as at the time the relevant district-unit planning zone is designated.

(3)Where the designation of a district-unit planning zone or the determination of a district-unit plan becomes invalid under paragraph (1) or (2), the Minister of Land, Infrastructure and Transport, the competent Mayor/Do Governor, or the head of the competent Si/Gunshall immediately announce such fact, as prescribed by Presidential Decree.

Article 54 – (Construction, etc. in District-Unit Planning Zones)

Where a person intends to construct a building or change the purpose thereof or install a structure in a district unit planning zone, he/she shall do so in compliance with the relevant district-unit plan: Provided, That the foregoing shall not apply where no district-unit plan has been formulated.

Article 55 – Deleted.

Chapter V
Permission, etc. for development activities

SECTION 1 – Permission for Development Activities

Article 56 – (Permission for Development Activities)

(1)A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activities") shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun (hereinafter referred to as "permission for development activities"): Provided, That the same shall not apply where he/she engages in such activities in accordance with an urban or Gun planning project:

1.Construction of buildings, or erection of structures;

2.Changes in the form and quality of any land (excluding changes in the form and quality of land prescribed by Presidential Decree as cases for cultivation);

3.Extraction of earth and stone;

4.Partition of land (excluding the partition of a site on which a building is located);

5.Piling up goods within the green area, control area or natural environment conservation area for at least one month.

(2)Paragraph (1) shall apply mutatis mutandis to alternation of permitted matters concerning development activities: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are altered.

(3)Notwithstanding the provisions of paragraph (1), the Creation and Management of Forest Resources Act and the Erosion Control Work Act shall respectively govern any forest roads construction and any erosioncontrol project in forests within an urban area and a planned control area, among the development activities under paragraph (1) 2 and 3, and the Mountainous Districts Management Act shall govern development activities under paragraph (1) 2 (only applicable to changes in the form and quality of land for agriculture, forestry and fisheries) and 3 in the forests within a preservation control area, a production control area, an agricultural and forest area, and a natural environment conservation area.

(4)Notwithstanding the provisions of paragraph (1), any of the following activities may be performed without permission for development activities: Provided, That where an emergency measure under subparagraph 1 is taken, a report thereon shall be filed with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun within one month:

1.Emergency measures for disaster restoration or disaster control;

2.Remodelling, expansion or rebuilding of buildings that may be reported and installed pursuant to the Building Act, and alteration of the form and quality of land within the scope required therefor (limited to sites for urban or Gun planning facilities where no urban or Gunplanning facility project is implemented);

3.Other minor activities prescribed by Presidential Decree.

Article 57 – (Procedures for Obtaining Permission for Development Activities)

(1)A person who intends to engage in a development activity shall file an application accompanied by a written plan for building infrastructure related to such development activity, and for securing a site required therefor, preventing danger and environmental pollution, and for scenery, landscape, etc., with the permitting authority for development activities. In such cases, he/she need not submit a written plan for building infrastructure within a development-density control area or for securing a site required therefore: Provided, That a person who intends to construct a building subject to the Building Act or erect a structure among activities referred to Article 56 (1) 1 shall submit an application according to procedures provided for in the Building Act.

(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall grant permission or non-approval as to an application for permission to engage in a development activity filed under paragraph (1) within a period specified by Presidential Decree, except in extenuating circumstances.

(3)Upon granting permission or non-approval pursuant to paragraph (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall immediately notify the relevant applicant of the details of permission or grounds for non-approval in writing.

(4)In granting permission to engage in a development activity, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may impose conditions requiring the relevant applicant to take measures for building infrastructure related to such development activity, and for securing a site required therefor, preventing danger and environmental pollution, and for scenery, landscape, etc., as prescribed by Presidential Decree.

Article 58 – (Standards, etc. for Granting Permission for Development Activities)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall grant permission for development activities or alteration only when details of an application for permission for development activities satisfy the following requirements:

1.To satisfy the scale of development activities prescribed by Presidential Decree in consideration of the characteristics of each special-purpose area: Provided, That where development activities are done to perform an agricultural fishing village rearrangement project, as defined in subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act, or in cases prescribed by Presidential Decree, the scale of development activities shall not be restricted;

2.Not to be compliance with the content of an urban or Gunmanagement plan and a growth management plan under paragraph (4);

3.Not to hamper the implementation of an urban or Gun planning project;

4.To achieve harmony with the actual utilization condition or land utilization plan of neighboring areas, and with peripheral environments and sceneries, such as the height of buildings, gradient of land, status of trees, drainage of water, and drainage of river, lake and marsh, wetland, etc.;

5.To properly establish plans for installing infrastructure following the relevant development activities, or securing sites required therefor.

(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 intends to grant permission for development activities or alteration, he/she shall hear opinions of the operators of urban or Gun planning projects to be implemented within the relevant area, on whether the relevant development activities hamper the implementation of such urban or Gun planning projects.

(3)Where permission may be granted pursuant to paragraph (1), standards for such permission shall be prescribed by Presidential Decree according to the following classification, in consideration of characteristics of an area, the development conditions of an area, the current status of infrastructure, etc.:

1.For developing urban districts: A residential area, commercial area, and manufacturing area to which standards for permission for development apply according to restrictions on a specific use area on the use of land, and purposes, the building-to-land ratio, floor area ratio, height, etc. of buildings;

2.For reservation: An area prescribed by Presidential Decree among planned management areas, production management areas, and green areas to which tightened or relaxed standards for permission for development may apply through deliberation by the urban planning committee under Article 59;

3.For preservation: An area prescribed by Presidential Decree among preserved management areas, agricultural and forest areas, natural environment preservation areas, and green areas to which tightened standards for permission for development may apply through deliberation by the urban planning committee under Article 59.

(4)Where necessary to prevent urban sprawl and induce planned development considering regional characteristics, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun may formulate a management plan concerning the installation or alteration of infrastructure, purposes of buildings, etc. (hereinafter referred to as "growth management plan") for areas where development activities are highly likely to occur, as prescribed by Presidential Decree.

(5)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to formulate or alter a growth management plan, he/she shall hear opinions of residents and the relevant local council; hold consultations with related administrative agencies; and submit the growth management plan to a local urban planning committee for deliberation: Provided That the foregoing shall not apply where he/she alters insignificant matters prescribed by Presidential Decree.

(6)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 formulates or alters a growth management plan, he/she shall forward related documents to the heads of related administrative agencies; give public notice thereof; and make them available for public perusal, as prescribed by Presidential Decree.

Article 59 – (Deliberation on Development Activities by Urban Planning Committee)

(1)Where the head of a related administrative agency intends to grant permission or altered permission for development activities referred to in Article 56 (1) 1 through 3, prescribed by Presidential Decree pursuant to this Act, or to grant authorization, permission, approval, or to consult thereon pursuant to other Acts, he/she shall submit the relevant matter to the Central Urban Planning Committee or a local urban planning committee for deliberation, as prescribed by Presidential Decree.

(2)Notwithstanding paragraph (1), deliberation by the Central Urban Planning Committee or a local urban planning committee is not required for any of the following development activities:

1.Development activities done in an area subject to deliberation by the urban planning committee pursuant to Articles 8 and 9 or pursuant to other Acts;

2.Development activities done in an area for which a district-unit plan or growth management plan has been formulated;

3.Development activities that do not fall under the scale, location, etc. prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Metropolitan Autonomous City, a Special Self-Governing Province, or a Si/Gun, among development activities done in a residential, commercial, or industrial area;

4.Development activities subject to an environmental impact assessment under the Environmental Impact Assessment Act;

5.Development activities subject to examination on a traffic impact assessment under the Urban Traffic Improvement Promotion Act;

6.Development activities for projects prescribed by Presidential Decree, among projects to rearrange agricultural and fishing villages defined in subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;

7.Development activities for forestry projects performed under the Creation and Management of Forest Resources Act and for erosion control projects performed under the Erosion Control Work Act.

(3)Where development activities referred to in paragraph (2) 4 and 5 have not been included in any urban or Gun plan, the Minister of Land, Infrastructure and Transport or the head of a local government may, notwithstanding paragraph (2), request the head of a related administrative agency to place said activities under deliberation by the Central Urban Planning Committee or a local urban planning committee, as prescribed by Presidential Decree. In such cases, the head of the related administrative agency shall comply therewith, except in extenuating circumstances.

Article 60 – (Performance Guarantee, etc. for Permission for Development Activities)

(1)Where deemed necessary for installing infrastructure or securing sites required therefor, the prevention of danger or environmental pollution, the sceneries, landscape, etc. and where prescribed by Presidential Decree, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may require any person who obtains permission for development activities (including authorization, permission, approval, etc. on which consultation has been held, and by which permission for development activities is deemed granted under other Acts; hereafter the same shall apply in this Article) to deposit a warranty bond in order to guarantee the performance thereof: Provided, That the same shall not apply to any of the following cases:

1.Development activities performed by the State or local governments;

2.Development activities performed by institutions prescribed by Presidential Decree, among public institutions under the Act on the Management of Public Institutions (hereinafter referred to as "public institutions");

3.Other development activities performed by public organizations prescribed by municipal ordinance of the relevant local government.

(2)Matters necessary for methods, etc. for computing and depositing a warranty bond under paragraph (1) shall be prescribed by Presidential Decree.

(3)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may order a person who performs development activities without obtaining permission therefor, or performs development activities differently from terms and conditions of permission to reinstate land.

(4)Where a person in receipt of an order for reinstatement of land under paragraph (3) fails to do so, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may reinstate the land pursuant to vicarious administrative execution under the Administrative Vicarious Execution Act. In such cases, performance guarantee deposited by a person who has obtained permission for development activities pursuant to paragraph (1) may be used for expenses incurred in relation to the vicarious administrative execution.

Article 61 – (Related Authorization, Permission, etc. Deemed Granted)

(1)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun grants permission or alters permission for development activities, matters on which he/she has preconsulted with the heads of the related administrative agencies pursuant to paragraph (3), concerning the following authorization, permits, approval, licenses, consultation, revocation, reporting, examinations, etc. with respect to the relevant development activities (hereinafter referred to as "authorization, permission, etc.") shall be deemed authorized or permitted:

1.Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of, or reporting on, an implementation plan to occupy and use under Article 17 of the same Act; a license for reclaiming public waters under Article 28 of the same Act; and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;

2.Deleted;

3.Authorization of a mining plan under Article 42 of the Mining Industry Act;

4.Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

5.Permission for, or consultation on, a diversion of farmland under Article 34 of the Farmland Act; reporting on a diversion of farmland under Article 35 of the same Act; and permission for, or consultation on, a temporary use of farmland for other purposes under Article 36 of the same Act;

6.Permission granted to a person, other than road managing authorities, under Article 36 of the Road Act, to execute roadworks; permission to connect a road to other facilities under Article 52 of the same Act; and permission to occupy and use a road under Article 61 of the same Act;

7.Permission to rebury a neglected grave under Article 27 (1) of the Act on Funeral Services, Etc.;

8.Permission to open a private road under Article 4 of the Private Road Act;

9.Permission to make changes, etc. in the form and quality of land under Article 14 of the Erosion Control Work Act; and revocation of designation of erosion control land under Article 20 of the same Act;

9-2.Approval for establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

10.Permission for, or reporting on, the diversion of a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act; permission for, or reporting on, the temporary use of a mountainous district under Article 15-2 of the same Act; permission for gathering earth and stones under Article 25 (1) of the same Act; reporting on gathering earth and sand under Article 25 (2) of the same Act; and permission for, or reporting on, felling, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;

11.Permission to execute small river works under Article 10 of the Small River Maintenance Act; and permission to occupy a small river under Article 14 of the same Act;

12.Authorization for installing private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act; and private-use industrial waterworks under Article 54 of the same Act;

13.Approval of an implementation plan for coast upgrade projects under Article 25 of the Coast Management Act;

14.Approval of a project plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

15.Permission for, reporting or consultation on, a diversion of grassland under Article 23 of the Grassland Act;

16.Examination on the publication of maps, etc. under Article 15 (3) of the Act on the Establishment, Management, etc. of Spatial Data;

17.Permission to perform construction works for the public sewerage system under Article 16 of the Sewerage Act; and permission to occupy and use public sewerage under Article 24 of the same Act;

18.Permission to perform river works under Article 30 of the River Act; and permission to occupy and use a river under Article 33 of the same Act;

19.Permission to occupy and use an urban park under Article 24 of the Act on Urban Parks, Green Areas, Etc. and permission to occupy and use the green area under Article 38 of the same Act.

(2)A person who intends to obtain authorization, permission, etc. deemed granted under paragraph (1) shall submit related documents prescribed by the relevant Act when filing an application for permission or altered permission for development activities.

(3)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 grants permission or altered permission for development activities that involves any of the matters provided for in the subparagraphs of paragraph (1), he/she shall pre-consult thereon with the heads of related administrative agencies.

(4)The head of each relevant administrative agency in receipt of a request for consultation pursuant to paragraph (3) shall present his/her opinion within 20 days of receipt of such request and, if he/she fails to present his/her opinion within such period, consultation shall be deemed held.

(5)The Minister of Land, Infrastructure and Transport shall require the relevant central administrative agencies to submit standards for processing authorization, permission, etc. deemed granted pursuant to paragraph (1) and shall integrate them and give public notice thereof.

Article 61-2 – (Overall Council of Complex Civil Petitions for Development Activities)

(1)In order to consult with the heads of the relevant administrative agencies pursuant to Article 61 (3), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall hold an overall council of complex civil petitions for development activities, as prescribed by Presidential Decree.

(2)The heads of the relevant administrative agencies requested to hold a consultation pursuant to Article 61 (3) shall require public officials belonging thereto to attend an overall council of complex civil petitions for development activities under paragraph (1).

Article 62 – (Completion Inspections)

(1)A person who has obtained permission for development activities stipulated under Article 56 (1) 1 through 3 shall undergo a completion inspection by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport when he/she has completed such development activities: Provided, That the same shall not apply where approval of the use of buildings under Article 22 of the Building Act has been granted for activities under Article 56 (1) 1.

(2)In undergoing a completion inspection under paragraph (1), matters on which the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun has consulted with the head of a related administrative agency under paragraph (4) with regard to the completion inspection, authorization for completion, etc. following the authorization, permission, etc. deemed pursuant to Article 61 shall be deemed to have undergone the completion inspection and obtained authorization for completion, etc.

(3)A person who intends to attain deemed completion inspection and authorization for completion, etc. pursuant to paragraph (2) shall submit related documents prescribed by the relevant Act when filing an application for completion inspection under paragraph (1).

(4)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun conducts a completion inspection under paragraph (1) that includes any matter falling under a completion inspection or authorization for completion, etc. following the authorization, permission, etc. deemed pursuant to Article 61, he/she shall consult thereon with the heads of related administrative agencies, in advance.

(5)The Minister of Land, Infrastructure and Transport shall require the relevant central administrative agencies to submit standards for processing completion inspections or authorization for completion, etc. deemed pursuant to paragraph (2) and shall integrate them and notify the public thereof.

Article 63 – (Restrictions on Permission for Development Activities)

(1)The Minister of Land, Infrastructure and Transport, the Mayor/DoGovernor, or the head of a Si/Gun may restrict permission for development activities for any of the following areas deemed specifically necessary for an urban or Gun management plan, for a period of up to hree years only on one occasion following deliberation thereon by the Central Urban Planning Committee or a local urban planning committee, as prescribed by Presidential Decree: Provided, That such restrictions on permission for development activities for areas falling under subparagraphs 3 through 5 may be extended only on one occasion for a period of up to two years without deliberation thereon by the Central Urban Planning Committee or a local urban planning committee:

1.Green areas or planned control areas wherein trees collectively grow, or birds, beasts, etc. inhabit in groups, or areas requiring conservation as excellent farmland, etc.;

2.Areas where development activities could seriously pollute or damage the surrounding environment, scenery, fine view, cultural heritage assets, etc.;

3.Areas for which an urban or Gun master plan or an urban or Gunmanagement plan is formulated, and where such urban or Gunmaster plan or such urban or Gun management plan is determined, any alteration is to be anticipated in a special-purpose area, special-purpose district and special-purpose zone, and thereby it is anticipated that standards for permission for development activities are to be greatly altered;

4.Areas designated as district-unit planning zones;

5.Areas designated as infrastructure-levy areas.

(2)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the head of a Si/Gun intends to restrict permission for development activities pursuant to paragraph (1), he/she shall publicly announce, in advance, restricted areas, grounds for restrictions, activities subject to restrictions, and period of restrictions, as prescribed by Presidential Decree.

(3)Where grounds for restricting development activities in an area have ceased to exist, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun who has announced an area subject to restrictions on permission for development activities pursuant to paragraph (2) in order to restrict permission for development activities shall immediately lift restrictions on permission for development activities in the area even before the expiration of the period for such restrictions. In such cases, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun shall announce an area where such restrictions are lifted and timing thereof, as prescribed by Presidential Decree.

Article 64 – (Development Activities on Urban or Gun Planning Facility Sites)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall not grant permission to construct buildings or to install structures that are not relevant urban or Gun planning facilities, on the ground, on water, in the air, in water or underground that have been determined as places to install urban or Gun planning facilities: Provided, That the same shall not apply to cases prescribed by Presidential Decree.

(2)Notwithstanding the provisions of paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may grant permission for the following development activities to be performed within the sites of urban or Gun planning facilities for which any phasedimplementation plans are not formulated pursuant to Article 85, or which have been excluded from the first-phase implementation plan (referring to an original phased implementation plan, where phased-implementation plans have been altered) in the phased implementation plans, among urban or Gun planning facilities for which no project as to an installation of relevant facilities has been implemented by not later than an elapse of two years from the date on which a determination of urban or Gun planning facilities is publicly announced:

1.Construction of temporary buildings, and alteration of land form and quality within the scope required therefor;

2.Installation of structures that do not hamper an installation of urban or Gun planning facilities, and alteration of the form and quality of land within the scope required therefor;

3.Remodeling or reconstruction of buildings, and alteration of land form and quality within the scope required therefor (excluding cases falling under Article 56 (4) 2).

(3)Where any project for urban or Gun planning facilities is to be implemented within land for which permission has been granted to construct temporary buildings or to install structures under paragraph (2) 1 or 2, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall order measures required for reinstatement, such as removal of relevant temporary buildings or structures, at the expense of the owner of temporary buildings or structures by not later than three months prior to the scheduled date for such implementation: Provided, That the same shall not apply where reinstatement is deemed unnecessary.

(4)Where any person in receipt of an order to perform reinstatement under paragraph (3) fails to do so, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may perform reinstatement through vicarious administrative execution under the Administrative Vicarious Execution Act.

Article 65 – (Reversion of Public Facilities, etc. Following Development Activities)

(1)Where a person who has obtained permission for development activities (including authorization, permission, approval, etc. on which consultation has been held, and by which permission for development activities is deemed granted under other Acts; hereafter the same shall apply in this Article) is an administrative agency, and newly installs a public facility or installs a public facility substituting for an existing public facility, notwithstanding the State Property Act and the Public Property and Commodity Management Act, the newly installed public facility shall revert free of charge to a managing agency that will manage said facility, and the existing public facility shall revert free of charge to a person who has obtained permission for development activities.

(2)Where a person who has obtained permission for development activities is not an administrative agency, a public facility newly installed by said person shall revert free of charge to a management agency that shall manage said facility, and the public facility, the use of which is discontinued due to the development activities, may be transferred free of charge to a person who has obtained permission for development activities within the scope equivalent to the installation cost of the newly installed public facility, notwithstanding the State Property Act and the Public Property and Commodity Management Act.

(3)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun intends to grant permission for development acts that include matters concerning the reversion of public facilities under paragraphs (1) and (2), he/she shall hear in advance the opinions of the management agency of relevant public facilities: Provided, That where a management agency has not been designated, he/she shall hear the opinions of a management agency designated before the work completion, and where it is not clear as to who the management agency is, the Minister of Land, Infrastructure and Transport shall be deemed the management agency for the roads, rivers, etc., and the Minister of Strategy and Finance shall be deemed the management agency for assets, other than said assets.

(4)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun has granted permission for development activities after hearing opinions of a management agency under paragraph (3), any person who has obtained permission for development activities may perform his/her development activities as he/she is deemed to have obtained approval, permit, etc. under the relevant Acts with regard to the occupancy and use of the public facilities that have been included in such permission. In such cases, the occupancy or use fees of relevant public facilities shall be deemed to have been exempted.

(5)Where an administrative agency has obtained permission for development activities, and has finished undergoing the completion inspection upon the completion of his/her development act, he/she shall notify the management agency for relevant facilities of the types of public facilities and the categories of land. In such cases, the public facilities shall be deemed reverted to a management agency to manage the relevant facilities, and a person who has obtained permission for development activities.

(6)Where a person who has obtained permission for development activities is not an administrative agency, said person shall notify, prior to a completion of development activities, a management agency for relevant facilities of the types of the public facilities either to be reverted to a management agency or to be transferred to himself/herself under paragraph (2) and the categories of the relevant land, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun who has performed a completion inspection shall notify a management agency for relevant facilities of the details thereof. In such cases, public facilities shall be deemed reverted to the management agency to manage the relevant facilities, or transferred to a person who has obtained permission for development activities, respectively, upon undergoing an inspection of completion.

(7)In registering public facilities under paragraph (1) through (3), (5) or (6), a document attesting the cause for registration under the Registration of Real Estate Act shall be substituted by a document attesting that a completion inspection has been completed under Article 62 (1).

(8)Where an administrative agency has obtained permission for development activities, it shall not spend any profits accruing from disposition of public facilities reverted to himself/herself pursuant to paragraph (1) for any purpose, other than urban or Gun planning projects.

(9)Where expressly provided for otherwise in other Act regarding the reversion of public facilities, such Act shall apply to the reversion of public facilities, notwithstanding the provisions of this Act.

SECTION 2 – Establishment of Infrastructure Following Development Activities

Article 66 – (Development-Density Control Areas)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may designate an area facing with a difficulty in installing any infrastructure as a development density control area, among areas anticipated to lack capacities for processing, providing or admitting the infrastructure (including urban or Gun planning facilities) due to development activities in a residential, commercial or industrial area.

(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall apply the stricter building-to-land ratio or floor area ratio under Article 77 or 78 to the extent prescribed by Presidential Decree within a development-density control area.

(3)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun intends to designate or alter a development-density control area under paragraph (1), he/she shall undergo deliberation thereon by the competent local urban planning committee established in the relevant local government including the following matters:

1.Name of a development-density control area;

2.Scope of a development-density control area;

3.Scope of building-to-land ratio or floor area ratio subject to stricter regulations under Article 77 or 78.

(4)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun has designated or altered a development-density control area pursuant to paragraph (1), he/she shall publicly announce it, as prescribed by Presidential Decree.

(5)Matters necessary for standards for designation of a development-density control area and for management, etc. of a development-density control area shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 67 – (Designation as Infrastructure-levy Areas)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall designate any of the following areas as infrastructure-levy areas: Provided, That where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun deems it necessary to systematically control the relevant areas due to excessive development, such areas may be designated as infrastructure-levy areas, even if they do not fall under any of the following subparagraphs:

1.Areas where restrictions on development are relaxed or released due to the enactment and amendment of this Act or other statutes;

2.Areas where restrictions on development are relaxed because special-purpose areas, etc. designated pursuant to this Act and other statutes have been changed or released;

3.Areas prescribed by Presidential Decree, in consideration of the present condition of permission for development activities, population growth rate, etc.

(2)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun intends to designate or change an infrastructure-levy area, he/she shall hear the opinions of the residents, and shall publicly announce it, as prescribed by Presidential Decree, following deliberation thereon by the competent local urban planning committee established in the relevant local government.

(3)Deleted.

(4)Where an infrastructure-levy area has been designated pursuant to paragraph (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall establish infrastructure building plans, as prescribed by Presidential Decree, and reflect them in the relevant urban or Gun management plan.

(5)Matters necessary for standards for designation, etc. for an infrastructure-levy area shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 68 – (Construction Subject to Imposition of Infrastructure-Building Fees and Standards for Calculation of Fees)

(1)Construction subject to imposition of infrastructurebuilding fees in an infrastructure-levy area shall be new construction and enlargement of buildings exceeding 200 square meters (including the total floor area of an existing building) as facilities referred to in subparagraph 20 of Article 2: Provided, That in cases of new construction after removal of existing buildings, only construction exceeding the total floor area of the existing building shall be subject to imposition.

(2)Infrastructure-building fees shall be calculated by multiplying the sum of standard expenses incurred in building infrastructure and expenses for a site thereof by the ratio a private developer bears less the amount the State and local governments bear from the total expenses incurred for the total floor area of buildings subject to imposition under paragraph (1) and for construction of infrastructure: Provided, That where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province o the head of a Si/Gun has established infrastructure-levy plans, as prescribed by Presidential Decree, considering the required quantities, etc. of infrastructure in the relevant area, such plans shall apply thereto.

(3)Standard construction expenses incurred in relation to infrastructure under paragraph (2) are construction expenses per unit used to build infrastructure and shall be publicly announced by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, in consideration of the growth rate of producer price, etc. of the relevant year.

(4)Expenses for a site under paragraph (2) shall be the value calculated by multiplying the following numbers by the price of land where construction subject to imposition is implemented:

1.The conversion coefficient of a site prescribed by municipal ordinance of a local government by up to 0.4, considering the degree of infrastructure construction by area;

2.The average of officially assessed individual land price and the cause coefficient of infrastructure by building prescribed by Presidential Decree in an infrastructure-levy area.

(5)A ratio borne by private developers under paragraph (2) shall be 20/100, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may increase or decrease the ratio by up to 25/100, in consideration of the scale of buildings, characteristics of such area, etc.

(6)Where a person obligated to pay under Article 69 (1) falls under any of the following cases, infrastructure-building fees under this Act shall be reduced or exempted:

1.Where he/she builds any infrastructure stipulated under subparagraph 19 of Article 2 or secures a site necessary therefor;

2.Where he/she pays expenses prescribed by Presidential Decree, such as the amount, etc. borne by causers under Article 91 of the Road Act.

(7)Standards and procedures for reduction and exemption under paragraph (6) and other necessary matters shall be prescribed by Presidential Decree.

Article 69 – (Payment of, and Disposition on, Default of Infrastructure-Building Fees)

(1)Each person who performs construction works (including persons prescribed by Presidential Decree, such as a person outsourced with construction works or a successor to such position; hereinafter referred to as "person obligated to pay") under Article 68 (1) shall pay infrastructure-building fees.

(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall impose infrastructure-building fees on a person obligated to pay within two months from the date he/she obtains a building permit (approval of business where a building permit, such as approval of business, is deemed granted under other Acts), and a person obligated to pay shall pay the fees before he/she files an application for approval of use (a completion inspection where approval of use, such as a completion inspection, is deemed granted under other Acts).

(3)Where a person obligated to pay fails to pay infrastructure-building fees by the time specified under paragraph (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may collect such fees pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue.

(4)Where grounds arise for refund of infrastructurebuilding fees, such as additional construction of infrastructure related to the relevant construction after an application for approval of use is filed by a person who has paid infrastructure-building fees, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall refund the infrastructure-building fees refundable on such grounds.

(5)Procedures for imposition of, and methods of payment and collection of, grounds for refunding, infrastructure-building fees, and other necessary matters, may be prescribed by Presidential Decree.

Article 70 – (Management, Use, etc. of Infrastructure-Building Fees)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall establish special accounts by infrastructure-levyarea for the management and operation of infrastructure-building fees, and necessary matters therefor shall be prescribed by municipal ordinance of a local government.

(2)Infrastructure-building fees paid pursuant to Article 69 (2) shall be used for building infrastructure under subparagraph 19 of Article 2 or for securing a site necessary for the said construction in the relevant infrastructure levy area: Provided, That in cases prescribed by Presidential Decree where it is impracticable to use them in the relevant infrastructure-levy area, they may be used to build infrastructure or secure a site for such infrastructure, etc. connected with infrastructure in the relevant infrastructure-levy area.

(3)Matters necessary for the management, use, etc. of infrastructure-building fees shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 71 through 75 Deleted.

Chapter VI
Restrictions on acts in Special-Purpose Sreas, Special-Purpose Districts and Special-Purpose Zones

Article 76 – (Restrictions, etc. on Construction of Buildings in Special-Purpose Areas and Special-Purpose Districts)

(1)Matters concerning restrictions on the uses, types, scales, etc. of buildings and other facilities within special-purpose areas designated pursuant to Article 36 shall be prescribed by Presidential Decree.

(2)Matters concerning restrictions on the uses, types, scales, etc. of buildings and other facilities within special-purpose districts designated pursuant to Article 37 may be prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun, in compliance with standards prescribed by Presidential Decree, except as otherwise expressly provided for in this Act or other Acts.

(3)Restrictions on the uses, types, scales, etc. of buildings and other facilities under paragraphs (1) and (2) shall coincide with the objectives for which the relevant special-purpose area or the relevant special-purpose district is designated.

(4)Where the uses, types, scales, etc. of buildings and other facilities are altered, the uses, types, scales, etc. of such buildings and other facilities after such alteration shall comply with paragraphs (1) and (2).

(5)Restrictions on the uses, types, scales, etc. of buildings and other facilities within any of the following districts, complexes, or areas shall be governed by the following provisions, notwithstanding paragraphs (1) through (4):

1.Within a settlement district provided for in Article 37 (1) 6, such restrictions shall be separately prescribed by Presidential Decree within the objectives for which the settlement district is designated;

1-2.Within a development promotion district providedfor in Article 37 (1) 7, such restrictions shall be separately prescribed by Presidential Decree within the objectives for which the development promotion district is designated;

1-3.Within a combined special-purpose district provided for in Article 37 (1) 9, such restrictions shall be separately prescribed by Presidential Decree within the objectives for which the combined special-purpose district is designated;

2.Within an agricultural and industrial complex, as defined in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act, such restrictions shall be governed by the same Act;

3.Within an agriculture promotion area, a conserved mountainous district, or grassland among agricultural and forest areas, such restrictions shall be governed by the Farmland Act, the Mountainous Districts Management Act, or the Grassland Act, respectively;

4.Within a park area designated under the Natural Parks Act, a water source protection areas designated under the Water Supply and Waterworks Installation Act, designated cultural heritage assets or natural monuments and designated areas for their protection under the Cultural Heritage Protection Act, and a marine protection zone designated under the Conservation and Management of Marine Ecosystems Act, among natural environment conservation areas, such restrictions shall be governed by the Natural Parks Act, the Water Supply and Waterworks Installation Act, the Cultural Heritage Protection Act, or the Conservation and Management of Marine Ecosystems Act, respectively;

5.Within a fishery-resource protection zone among natural environment conservation areas, such restrictions shall be governed by the Fishery Resources Management Act.

(6)Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Minister of Environment, or the Minister of the Korea Forest Service deems it necessary to preserve the farmland, natural environment, marine environment, or forests within a preservation control area or production control area, he/she may impose restrictions on the use type, scale, etc. of buildings and other facilities pursuant to the Farmland Act, the Natural Environment Conservation Act, the Wildlife Protection and Management Act, the Conservation and Management of Marine Ecosystems Act, or the Creation and Management of Forest Resources Act. In such cases, said restrictions shall keep balance with the purport of restrictions imposed under this Act.

Article 77 – (Building-to-Land Ratios within Special-Purpose Areas)

(1)Maximum limits on building-to-land ratios within each specific-use area designated pursuant to Article 36 shall be set by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun within the following limits, in compliance with standards prescribed by Presidential Decree, based on the area and population of the relevant jurisdiction, uniqueness of each special-purpose area, and other relevant matters:

1.Urban areas:

(a)Residential areas: Not more than 70 percent;

(b)Commercial areas: Not more than 90 percent;

(c)Industrial areas: Not more than 70 percent;

(d)Green areas: Not more than 20 percent;

2.Control areas:

(a)Conservation and control areas: Not more than 20 percent;

(b)Production control areas: Not more than 20 percent;

(c)Planned control areas: Not more than 40 percent;

3.Rural areas: Not more than 20 percent;

4.Natural environment conservation areas: Not more than 20 percent.

(2)Standards for building-to-land ratios within special purpose areas subdivided pursuant to Article 36 (2) shall be separately prescribed by Presidential Decree within the limits specified in each subparagraph of paragraph (1).

(3)Standards for building-to-land ratios within any of the following areas shall be separately set by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun by up to 80 percent, in compliance with standards prescribed by Presidential Decree, notwithstanding paragraphs (1) and (2):

1.Settlement districts provided for in Article 37 (1) 6;

2.Development promotion districts provided for in Article 37 (1) 7 (limited to areas, other than urban areas, or special-purpose areas prescribed by Presidential Decree);

3.Fishery-resources protection zones provided for in Article 40;

4.Natural parks designated under the Natural Parks Act;

5.Agricultural and industrial complexes, as defined in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act;

6.National industrial complexes, general industrial complexes, and urban high-tech industrial complexes, as defined in subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act, and quasi-industrial complexes, as defined in subparagraph 12 of the same Article, located in industrial areas.

(4)In any of the following cases prescribed by Presidential Decree, building-to-land ratios may be separately set by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun, in compliance with standards prescribed by Presidential Decree, notwithstanding paragraph (1):

1.Where such building-to-land ratios need to be increased to prevent overpopulated land utilization;

2.Where such building-to-land ratios need to be mitigated to elevate the level of land utilization considering peripheral conditions;

3.Where it is intended to construct a building for agriculture, forestry, and fisheries in a green belt, conservation and control area, production control area, rural area, or natural environment conservation area;

4.Where it is intended to construct a building for promoting the living convenience of residents in a conservation and control area, production control area, rural area, or natural environment conservation area.

(5)Where a growth management plan for a planned control area, a production control area, and a greenbelt prescribed by Presidential Decree, building-to-land ratios may be separately set by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun by up to 50 percent, in compliance with standards prescribed by Presidential Decree, notwithstanding paragraph (1).

Article 78 – (Floor Area Ratios within Special-Purpose Areas)

(1)The maximum limit on the floor area ratio within a special-purpose area designated pursuant to Article 36 shall be prescribed by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun within the following limits pursuant to standards prescribed by Presidential Decree, considering the size and population of the competent area, uniqueness of a special-purpose area, and other relevant matters:

1.Urban areas:

(a)Residential areas: Not more than 500 percent;

(b)Commercial areas: Not more than 1,500 percent;

(c)Industrial areas: Not more than 400 percent;

(d)Green areas: Not more than 100 percent;

2.Management areas:

(a)Conservation management area: Not more than 80 percent;

(b)Production management area: Not more than 80 percent;

(c)Planned management area: Not more than 100 percent: Provided, That in the case of an area for which a growth management plan has been formulated, the floor area ratio may be relaxed within 125 percent by municipal ordinance of the relevant local government;

3.Agricultural and forest areas: Not more than 80 percent;

4.Natural environment conservation areas: Not more than 80 percent.

(2)Standards for the floor area ratios within special purpose areas subdivided pursuant to Article 36 (2) shall be separately prescribed by Presidential Decree within the limits specified in each subparagraph of paragraph (1).

(3)Standards for the floor area ratios within areas falling under Article 77(3) 2 through 5 shall be separately set by municipal ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun pursuant to standards prescribed by Presidential Decree within 200 percent, notwithstanding paragraphs (1) and (2).

(4)Where any open space exists, such as a park, square, road, river, etc. around the buildings, or the park, square, road, river, etc. is constructed around the buildings, the floor area ratio may be separately set by municipal ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun, as prescribed by Presidential Decree, notwithstanding paragraph (1).

(5)Notwithstanding paragraphs (1) and (4), buildings or establishments, including warehouses, etc., the purposes of which are prescribed by Presidential Decree, in urban areas (limited to green areas) or control areas provided for in Article 36 may be restricted in their scales, etc., including the heights set by municipal ordinances of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun.

(6)Notwithstanding paragraph (1), where a person who intends to construct a building installs a facility prescribed by Presidential Decree on part of the site therefor among social welfare facilities defined in subparagraph 4 of Article 2 of the Social Welfare Services Act and gratuitously donate it to the State or a local government, the floor area ratio applied to therelevant special-purpose area may be relaxed by municipal ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun. In such cases, matters necessary in relation to the permissible limits of relaxed floor area ratios, standards and procedures for gratuitous donation shall be prescribed Presidential Decree.

Article 79 – (Restrictions, etc. on Acts in Areas where Special-Purpose Area is not Designated or Subdivided as yet)

(1)The provisions governing the natural environment conservation area shall apply mutatis mutandis to the area, the use of which has not been designated as the urban area, control area, agricultural and forest area or natural environment conservation area in the application of Articles 76 through 78.

(2)Where any urban area or control area under Article 36 has not been designated as a subdivided special-purpose area under each subparagraph and each item of paragraph (1) of the same Article, in the application of Articles 76 through 78, the provisions governing areas prescribed by Presidential Decree among green areas shall apply where the relevant special-purpose area is an urban area; and the provisions governing the preservation control area shall apply to a control area.

Article 80 – (Restrictions, etc. on Activities within Development Restriction Zones)

Necessary matters concerning restrictions on activities within development restriction zones and other matters necessary for management of the development restriction zone shall be separately prescribed by the Acts.

Article 80-2 – (Restrictions, etc. on Activities within Urban Natural Park Zones)

Necessary matters concerning management of an urban natural park zone, such as restrictions, etc. on activities within urban natural park zones shall be separately prescribed by the Acts.

Article 80-3 – (Restrictions on Activities in Areas under Minimal Siting Restrictions)

Restrictions on activities in areas under minimal siting restrictions shall be separately determined by a plan for areas under minimal siting restrictions, by adjusting limits on the land utilization, purposes, building-to-land ratios, floor area ratios, heights of buildings, etc. applicable in special-purpose areas and special-purpose districts.

Article 81 – (Restrictions, etc. on Activities within Urbanization-Coordination Zones)

(1)Only urban or Gun planning projects prescribed by Presidential Decree may be implemented within an urbanization-coordination zone designated pursuant to Article 39.

(2)Except for urban or Gun planning projects under paragraph (1), only the following activities may be performed within urbanization-coordination zones by obtaining permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun, notwithstanding the provisions of Articles 56 and 76:

1.Constructing buildings and other facilities, the type and size of which are prescribed by Presidential Decree, among buildings for the agricultural, forest or fishing business;

2.Installing joint community facilities, public-interest facilities, or public facilities, or running mining and industrial business, etc., prescribed by Presidential Decree as necessary for residents' livelihoods;

3.Deforestation of trees, afforestation, silviculture, gathering earth and rocks, and other minor activities prescribed by Presidential Decree.

1.A person having authority for permit under each subparagraph of subparagraph (5);

2.The manager of public facilities related to activities subject to such permission;

3.A person entitled to manage public facilities to be installed by such activities.

(4)Article 60 (3) and (4) shall apply mutatis mutandis to any person engaging in activities, such as construction of buildings, an alteration of land form and quality, etc. within an urbanizationcoordination zone without obtaining permission under paragraph (2).

(5)Where any permission is granted under paragraph (2), the following permission or reports shall be deemed granted or filed:

1.Permission for or reports on diversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for or reports on the temporary use of mountainous districts under Article 15-2 of the same Act;

2.Permission for or reports on cutting trees, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act.

(6)Matters necessary for standards for permissions and for application procedures, etc. under paragraph (2) shall be prescribed by Presidential Decree.

Article 82 – (Special Cases on Existing Buildings)

Where an existing building fails to comply with this Act by the enactment or amendment of statutes or other reasons prescribed by Presidential Decree, such building may be extended, remodeled, reconstructed or the purpose of such building may be changed within limits prescribed by Presidential Decree.

Article 83 – (Exclusion from Application of other Acts in Urban Areas)

The provisions of the following Acts shall not apply to urban areas:

1.Article 40 of the Road Act;

2.Deleted;

3.A qualification certificate for acquisition of farmland under Article 8 of the Farmland Act: Provided, That the same shall not apply to farmlands within green areas unnecessary for an urban or Gun planning facility project.

Article 83-2 – (Exemptions from other Acts in Areas under Minimal Siting Restrictions)

(1)The provisions of the following Acts may not apply to any area under minimal siting restrictions:

1.Housing layout, standards for the establishment of incidental facilities and welfare facilities, and standards for the development of housing sites under Article 35 of the Housing Act;

2.Establishment of annexed parking lots under Article 19 of the Parking Lot Act;

3.Installation of artworks in buildings under Article 9 of the Culture and Arts Promotion Act.

(2)When deliberating on a plan for areas under minimal siting restrictions, an urban planning committee shall hold deliberation jointly with the relevant school environmental hygiene and cleanup committee established under Article 6 (1) of the School Health Act or the Cultural Heritage Committee established under Article 8 of the Cultural Heritage Protection Act (or a City/Do Cultural Heritage Committee established under Article 71 of the aforesaid Act, in cases of matters concerning City/Do-designated cultural heritage under Article 70 of the aforesaid Act), and may apply the lenient provisions of the following Acts, based on the outcomes of such deliberation. In such cases, whether to ease the following restrictions shall be determined subject to resolution by the school environmental hygiene and cleanup committee and the Cultural Heritage Committee, respectively:

1.Restrictions on acts in school environmental hygiene and cleanup zones designated under Article 6 of the School Health Act;

2.Restrictions on acts in preservation areas of the historic and cultural environment designated under Article 13 of the Cultural Heritage Protection Act.

(3)Areas designated as areas under minimal siting restrictions shall be deemed designated as special building areas under Article 69 of the Building Act.

(4)Notwithstanding Article 70 of the Building Act, the Mayor/Do Governor or the head of a Si/Gun/Gu may include buildings built in areas under minimal siting restrictions in the scope of buildings that may be built, subject to special exceptions to building standards, etc. under Article 73 of the Building Act.

Article 84 – (Standards for Application to Lot Stretched over Two or More Specific Use Areas, Specific Use Districts or Specific Use Zones)

(1)Where one lot is stretched over two or more specific use areas, specific use districts or specific use zones (hereafter referred to as "specific use area, etc." in this paragraphs) and the smallest part of parts stretched over each specific use area, etc. is less than the size prescribed by Presidential Decree, the weighted average value of the building-to-land ratio and floor area ratio for each specific use area, etc. shall apply to the building-toland ratio and floor area ratio of the total lot according to the following classification in consideration of the percentage each part accounts for among the total lot area, and the provision on a specific use area, etc. to which the largest area belongs among such lot shall apply to other matters concerning restrictions on building: Provided, That where a building is stretched over a height control district, the provisions on buildings and sites in the height control district shall apply to the whole of such building and lot:

1.The weighted average building-to-land ratio = (f1x1 + f2x2 + ... + fnxn)/ the total lot area. In such cases, ‘f1’ through ‘fn’ means the area of land belonging to each specific use area, etc., ‘x1’ through ‘xn’ means the building-to-land ratio of each specific use area, etc. to which the relevant land belongs, and ‘n’ means the total number of each land stretched over a specific use area, etc.;

2.The weighted average floor area ratio: = (f1x1 + f2x2 + ... + fnxn)/ the total lot area. In such cases, ‘f1’ through ‘fn’ means the area of land belonging to each specific use area, etc., ‘x1’ through ‘xn’ means the floor area ratio of each specific use area, etc. to which the relevant land belongs, and ‘n’ means the total number of each land stretched over a specific use area, etc.

(2)Where one building extends over a fire-prevention district and other special-purpose areas, specialpurpose districts, or special-purpose zones, the provisions concerning the building within the fireprevention district shall apply to the whole of said building, notwithstanding paragraph (1): Provided, That where the boundaries between the fire prevention districts wherein said building is located, and other special-purpose areas, specialpurpose districts, or special-purpose zones are divided by fireproof walls under Article 50 (2) of the Building Act, the same shall not apply to any portion located in the other special-purpose areas, special-purpose districts, or special-purpose zones.

(3)Where one site extends over a green area and other special-purpose areas, special-purpose districts, or special-purpose zones (excluding where the smallest part is the green area, in which case the size of such green area is not more than the size prescribed by Presidential Decree pursuant to paragraph (1)), the provisions concerning the buildings and land within each special-purpose area, special-purpose district, or special-purpose zone shall apply, notwithstanding paragraph (1): Provided, That where any building within a green area extends over a height control district or fire-prevention district, the proviso to paragraph (1) or paragraph (2) shall govern.

Chapter VII
Implementation of urban or gun planning facility projects

Article 85 – (Formulation of Phased Implementation Plans)

(1)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall formulate a phased implementation plan containing a financing plan, compensation plan, etc. for urban or Gun planning facilities, within two years from the date a determination of urban or Gun planning facilities has been publicly announced, as prescribed by Presidential Decree.

(2)In cases of an urban or Gun management plan that has been directly drafted by the Minister of Land, Infrastructure and Transport or a DoGovernor, he/she may formulate a phased implementation plan, and forward it to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun.

(3)A phased implementation plan shall be divided into first-phase implementation plan and secondphase implementation plan, but an urban or Gun planning facility project to be implemented within three years shall be included in the firstphase implementation plan, and an urban or Gun planning facility project to be implemented after three years shall be included in the secondphase implementation plan.

(4)Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun has formulated or received a phased implementation plan under paragraph (1) or (2), he/she shall publicly announce it without delay, as prescribed by Presidential Decree.

(5)Paragraphs (1) through (4) shall apply mutatis mutandis where a phased implementation plan that has been publicly announced is altered: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are altered.

Article 86 – (Implementers of Urban or Gun Planning Facility Projects)

(1)Except as otherwise provided for in this Act or other Acts, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun shall implement an urban or Gunplanning facility project in his/her jurisdiction.

(2)Where any urban or Gun planning facility project is to be implemented across two or more jurisdictions of the Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces or Sis/Guns, the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun shall determine its implementer by mutual consultations.

(3)Where consultations referred to in paragraph (2) fail to reach agreement, if any zone intended to implement an urban or Gunplanning facility project is under the jurisdiction of the same Do, the competent Do Governor shall determine an implementer, and if the said zone extends over the jurisdictions of two or more Cities/Dos, the Minister of Land, Infrastructure and Transport shall do so.

(4)Notwithstanding paragraphs (1) through (3), the Minister of Land, Infrastructure and Transport may directly implement an urban or Gunplanning facility project when it is related to the State plan or deemed particularly necessary, by hearing the opinions of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun; and a DoGovernor may directly implement an urban or Gun planning facility project when it is related to a metropolitan plan or deemed particularly necessary, by hearing the opinions of the head of the relevant Si/Gun.

(5)Any person, other than those entitled to become implementers pursuant to paragraphs (1) through (4), may implement an urban or Gun planning facility project after having been designated as an implementer by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun, as prescribed by Presidential Decree.

(6)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the head of a Si/Gun has designated an implementer of an urban or Gun planning facility project pursuant to paragraph (2), (3) or (5), he/she shall publicly announce the details of such designation, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport.

(7)Where a person, other than those stipulated under the following, intends to be designated as an implementer of an urban or Gunplanning project pursuant to paragraph (5), he/she shall meet requirements prescribed by Presidential Decree concerning an area possessed of the land subject to the urban or Gun planning facility project (excluding any State or public land) and ratio agreed by landowners:

1.The State or a local government;

2.Public institutions prescribed by Presidential Decree;

3.Other persons prescribed by Presidential Decree.

Article 87 – (Divided Implementation of Urban or Gun Planning Facility Projects)

Where an implementer of an urban or Gun planning facility project deems it necessary for efficiently promoting the urban or Gun planning facility project, he/she may implement the urban or Gun planning facility project by dividing the area or facilities subject to an implementation of the project into at least two areas or facilities.

Article 88 – (Formulation, Authorization, etc. of Implementation Plans)

(1)An implementer of an urban or Gun planning facility project shall formulate an implementation plan for the urban or Gun planning facility project (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree.

(2)Upon formulating an implementation plan pursuant to paragraph (1), an implementer of an urban or Gun planning facility project (excluding the Minister of Land, Infrastructure and Transport, Mayors/DoGovernors and Mayors of large cities; hereafter the same shall apply in paragraph (3)) shall obtain authorization from the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the Mayor of a large city, as prescribed by Presidential Decree: Provided, That where he/she prepares an implementation plan to alter minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on the relevant urban or Gun planning facility project after passing a completion inspection under Article 98, he/she need not obtain authorization from the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the Mayor of a large city.

(3)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city deems that an implementation plan prepared by an implementer of an urban or Gun planning facility project complies with the standards for determination, structures, and establishment of urban or Gun planning facilities under Article 43 (2), he/she shall authorize the implementation plan. In such cases, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city may authorize the implementation plan on condition that the infrastructure be established or such measures as procurement of land required therefor, risk prevention, prevention of environmental pollution, securing of fine view, landscape architecture, etc. be taken.

(4)The main sentence of paragraph (2) shall apply mutatis mutandiswhere an authorized implementation plan is altered or repealed: Provided, That the same shall not apply where minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport are altered.

(5)An implementation plan shall contain or be accompanied by detailed descriptions about design documents, funding programs and implementation period, which are necessary to implement the relevant project, and other matters prescribed by Presidential Decree (limited to matters altered where the implementation plan is altered pursuant to paragraph (4)).

(6)When an implementation plan is formulated (referring to where an implementer of an urban or Gun planning facility project is the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city) or authorized pursuant to paragraphs (1), (2) and (4), an urban or Gun management plan shall be deemed altered within the scope of minor matters under the proviso to Article 30 (5) reflected in such implementation plan. In such cases, any alteration in the urban or Gun management plan and topographical maps indicating such alterations shall be publicly announced pursuant to Articles 30 (6) and 32.

Article 89 – (Performance Security for Urban or Gun Planning Facility Projects)

(1)In cases prescribed by Presidential Decree where it is deemed necessary to install infrastructure, or to secure sites necessary therefor, to prevent danger and environmental pollution, and to create fine views, landscapes, etc., the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may require the implementer of an urban or Gun planning facility project to deposit a warranty bond in order to guarantee his/her performance: Provided, That the same shall not apply to any of the following entities:

1.The State or local governments;

2.Public institutions prescribed by Presidential Decree;

3.Other persons prescribed by Presidential Decree.

(2)Matters necessary for methods of computing and depositing warranty bonds under paragraph (1) shall be prescribed by Presidential Decree.

(3)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may order any person who conducts an urban or Gun planning facility project without obtaining authorization or authorization of alteration under the main sentence of Article 88 (2) or the main sentence of paragraph (4) of the aforesaid Article or who conducts an urban or Gun planning facility project differently from the terms and conditions of authorization to reinstate.

(4)Where a person in receipt of an order to reinstate the land under paragraph (3) fails to do so, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun may have the relevant land reinstated through a vicarious administrative execution under the Administrative Vicarious Execution Act. In such cases, the warranty bond deposited by an implementer of an urban or Gun planning facility project under paragraph (1) may be appropriated to expenses incurred in relation to such vicarious administrative execution.

Article 90 – (Perusal, etc. of Documents)

(1)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city intends to authorize an implementation plan pursuant to Article 88 (3), he/she shall publicly announce it in advance, as prescribed by Presidential Decree, and ensure that the copies of the related documents are made available for public perusal for at least 14 days.

(2)Owners of land, buildings, etc. in a district where an urban or Gunplanning facility project is implemented and the interested parties may submit written opinions to the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the Mayor of a large city or the implementer of the urban or Gun planning facility project within the perusal period referred to in paragraph (1), who, in turn, shall reflect the submitted opinions in the implementation plan if such opinions are deemed wellgrounded.

(3)Paragraphs (1) and (2) shall apply mutatis mutandis where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city prepares an implementation plan.

Article 91 – (Public Announcement of Implementation Plans)

Where the Minister of Land, Infrastructure and Transport, the Mayor/DoGovernor or the Mayor of a large city has prepared or prepared changes in or authorized or authorized changes in an implementation plan under Article 88, he/she shall publicly announce the details thereof, as prescribed by Presidential Decree.

Article 92 – (Related Authorization, Permission, etc. Deemed Granted)

(1)As for matters, on which the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the Mayor of a large city has consulted with the heads of related administrative agencies under paragraph (3) with regard to the following authorization, permission, etc. for a relevant implementation plan in formulating or altering or authorizing or authorizing an implementation plan or any alteration thereto under Article 88, the relevant authorization, permission, etc. shall be deemed granted; and where an implementation plan is publicly notified under Article 91, the public notice, public announcement, etc. of authorization, permission, etc. shall be deemed made under the relevant Acts:

1.A building permit under Article 11 of the Building Act; a building report filed under Article 14 of the same Act; and permission for, or reporting on, erection of a temporary structure under Article 20 of the same Act;

2.Approval for establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

3.Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of, or reporting on, an implementation plan for occupancy and use under Article 17 of the same Act; a license to reclaim public waters under Article 28 of the same Act; consultation on, or approval of, reclamation performed by the State, etc. under Article 35 of the same Act; and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;

4.Deleted;

5.Authorization for a mining plan under Article 42 of the Mining Industry Act;

6.Permission to use and make profits under Article 30 of the State Property Act;

7.Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

8.Permission for, or consultation on, the diversion of farmland under Article 34 of the Farmland Act; reporting on the diversion of farmland under Article 35 of the same Act; and permission for, or consultation on, the temporary use of farmland for other purposes under Article 36 of the same Act;

9.Permission granted to a person, other than road managing authorities under Article 36 of the Road Act to execute roadworks; and permission to occupy and use a road under Article 61 of the same Act;

10.Permission to rebury a neglected grave under Article 27 (1) of the Act on Funeral Services, Etc.;

11.Permission to open a private road under Article 4 of the Private Road Act;

12.Permission to alter the form, quality, etc. of land under Article 14 of the Erosion Control Work Act; and revocation of the designation of erosion control land under Article 20 of the same Act;

13.Permission for, or reporting on, the diversion of a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act; permission for, or reporting on, the temporary use of a mountainous district under Article 15-2 of the same Act; permission to gather earth and stones under Article 25 (1) of the same Act; reporting on gathering earth and sand under Article 25 (2) of the same Act; and permission for, reporting on, felling, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;

14.Permission to perform small-river works under Article 10 of the Small River Maintenance Act; and permission to occupy a small river under Article 14 of the same Act;

15.Authorization to general waterworks business under Article 17 of the Water Supply and Waterworks Installation Act and for industrial waterworks business under Article 49 of the same Act; and authorization for installing private-use waterworks under Article 52 of the same Act and for installing private-use industrial waterworks under Article 54 of the same Act;

16.Approval of an implementation plan of a coastal upgrade project under Article 25 of the Coast Management Act;

17.Consultation on an energy use plan under Article 8 of the Energy Use Rationalization Act;

18.Registration of the opening of a superstore under Article 8 of the Distribution Industry Development Act;

19.Permission to use and make profits under Article 20 (1) of the Public Property and Commodity Management Act;

20.Reporting on commencement, alteration, or completion of a project under Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;

21.Consultation on the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act;

22.Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

23.Permission for, reporting or consultation on, the diversion of grassland under Article 23 of the Grassland Act;

24.Examination for the publication of maps, etc. under Article 15 (3) of the Act on the Establishment, Management, etc. of Spatial Data;

25.Permission to perform public sewerage construction works under Article 16 of the Sewerage Act; and permission to occupy and use the public sewerage under Article 24 of the same Act;

26.Permission to perform river works under Article 30 of the River Act; and permission to occupy a river under Article 33 of the same Act;

27.Permission to perform harbor works under Article 9 (2) of the Harbor Act; and approval of an implementation plan under Article 10 (2) of the same Act.

(2)Each person who intends to obtain authorization, permission, etc. deemed granted under paragraph (1) shall submit related documents prescribed by the relevant Act when filing an application for authorization of or authorization of alterations to his/her implementation plan.

(3)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor, or the Mayor of a large city formulates or alters or authorizes an implementation plan that contains any matter referred to in the subparagraphs of paragraph (1) or any alteration thereto, he/she shall pre-consult with the heads of related administrative agencies.

(4)The Minister of Land, Infrastructure and Transport shall require relevant central administrative agencies to submit standards for processing authorization, permission, etc. deemed granted under paragraph (1) and shall integrate them and give public notice thereof.

Article 93 – (Perusal, etc. of Related Documents)

An implementer of an urban or Gun planning facility project may request the head of the registry office and other related administrative agency to permit him/her to peruse or copy necessary documents, or to issue a certified copy or abridgement of such documents, without compensation, where deemed necessary to implement an urban or Gun planning facility project.

Article 94 – (Serving of Documents)

(1)Where an implementer of an urban or Gun planning facility project needs to serve documents on the interested parties, but is unable to do so because their address or whereabouts is unknown or due to other causes, he/she may publicly announce details thereof, as prescribed by Presidential Decree, in lieu of serving them.

(2)The practices of a service by public notice under the Civil Procedure Actshall govern any service by public notice of the documents under paragraph (1).

Article 95 – (Expropriation and Use of Land, etc.)

(1)An implementer of an urban or Gun planning facility project may expropriate or use any of the following goods or rights necessary for implementing an urban or Gun planning facility project:

1.Land, buildings, or any goods fixed on such land;

2.Rights, other than ownerships of land, buildings, or any goods fixed on such land.

(2)An implementer of an urban or Gun planning facility project may temporarily use the following goods or rights that are adjacent to the urban or Gun planning facilities, where deemed especially necessary to implement such project:

1.Land, buildings, or any goods fixed on such land;

2.Rights, other than ownerships of land, buildings, or any goods fixed on such land.

Article 96 – (Application Mutatis Mutandis of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects)

(1)The Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to any expropriation and use provided for in Article 95, except as otherwise provided for in this Act.

(2)In application mutatis mutandis of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects pursuant to paragraph (1), when an implementation plan under Article 91 has been publicly announced, authorization for a project and public announcement thereof under Articles 20 (1) and 22 of the same Act shall be deemed granted or made: Provided, That an application for adjudication shall be filed within an implementation period for an urban or Gun planning facility project specified in the implementation plan, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the same Act.

Article 97 – (Restrictions on Disposal of National and Public Land)

(1)Where determination of an urban or Gun management plan under Article 30 (6) has been publicly announced, any national and public land necessary for an urban or Gun planning facility project shall not be sold or transferred for purposes, other than that prescribed by the relevant urban or Gun management plan.

(2)Any violation of paragraph (1) shall be made null and void.

Article 98 – (Public Announcement, etc. of Work Completion)

(1)Where an implementer of an urban or Gun planning facility project (excluding the Minister of Land, Infrastructure and Transport, Mayors/Do Governors and Mayors of large cities) has completed work for an urban or Gun planning facility project, he/she shall prepare a written report on work completion and then undergo a completion inspection by a Mayor/Do Governor or the Mayor of a large city, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2)Upon receipt of a written report on work completion under paragraph (1), a Mayor/Do Governor or the Mayor of a large city shall perform a work-completion inspection without delay.

(3)Where a Mayor/Do Governor or the Mayor of a large city deems that the relevant work has been completed in compliance with its implementation plan as a result of a completion inspection under paragraph (2), he/she shall issue a certificate of inspection of completion to an implementer of an urban or Gun planning facility project, and publicly announce the completion of construction work.

(4)Where the Minister of Land, Infrastructure and Transport, a Mayor/DoGovernor or the Mayor of a large city is an implementer of an urban or Gun planning facility project, he/she shall publicly announce the completion of work for an urban or Gun planning facility project upon completion thereof.

(5)In performing a completion inspection under paragraph (2) or publicly announcing the work completion pursuant to paragraph (4), with regard to any matter, on which the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city has consulted pursuant to paragraph (7) with the heads of related administrative agencies concerning the completion inspection and authorization for work completion, etc. following the authorization, permission, etc. deemed pursuant to Article 92, it shall be deemed that the completion inspection has been conducted and authorization for work completion, etc. has been obtained.

(6)Where an implementer of an urban or Gun planning facility project (excluding the Minister of Land, Infrastructure and Transport, Mayors/Do Governors and Mayors of large cities) intends to undergo a completion inspection and obtain authorization for work completion, etc. deemed under paragraph (5), he/she shall submit related documents prescribed by the relevant Acts, when he/she files an application for the completion inspection under paragraph (1).

(7)In performing a completion inspection under paragraph (2) or publicly announcing a work completion under paragraph (4) by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city, if there exists in its contents any matter falling under a completion inspection and authorization for work completion, etc. following the authorization, permission, etc. deemed pursuant to Article 92, he/she shall consult in advance with the heads of related administrative agencies.

(8)The Minister of Land, Infrastructure and Transport shall require the relevant central administrative agencies to submit standards for processing completion inspection, authorization, etc. deemed pursuant to paragraph (5) and shall integrate them and notify the public thereof.

Article 99 – (Reversion of Public Facilities, etc.)

The provisions of Article 65 shall apply mutatis mutandis where a public facility has been newly installed or a public facility replacing an existing public facility has been installed by an urban or Gun planning facility project. In such cases, "when he/she has finished undergoing the completion inspection" in Article 65 (5) shall be construed as "when he/she has finished the completion inspection (referring to he/she publicly announces the completion of work under Article 98 (4), where an implementer is the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city)," and "a document attesting that a completion inspection has been completed under Article 62 (1)" in Article 65 (7) shall be construed as "certificate of completion inspection under Article 98 (3) (referring to a document attesting that he/she has publicly announced the completion of work under paragraph (4) of the same Article, where an implementer is the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the Mayor of a large city)."

Article 100 – (Relationship to other Acts)

Where intending to dispose of any property in the possession of the State or a local government among sites created and buildings erected by an urban or Gun planning facility project, such property may be disposed of in the following order, as prescribed by Presidential Decree, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act:

1.Transfer to any owner of the land and buildings expropriated due to an implementation of the relevant urban or Gun planning facility project;

2.Exchange with any land necessary for another urban or Gunplanning facility project.

Chapter VIII
Costs

Article 101 – (Principles for Bearing Costs)

Costs incurred in formulating metropolitan plans or urban or Gun plans, and in implementing urban or Gun planning facility projects shall be in principle borne by the State budget if implemented by the State, by any local government if implemented by any local government, and by a person, not an administrative agency, if implemented by such person, except as otherwise provided for in this Act or other Acts.

Article 102 – (Cost Bearing by Local Governments)

(1)The Minister of Land, Infrastructure and Transport or a Mayor/DoGovernor may require any City/Do or Si/Gun that significantly benefits from an urban or Gun planning facility project performed by him/her to partially bear costs incurred in implementing the said urban or Gunplanning facility project, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport shall consult with the Minister of the Interior and Safety before he/she requires the City/Do or Si/Gun to bear costs.

(2)Where a Mayor/Do Governor intends to require the Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Special Self-Governing Province, or Si/Gun not belonging to the relevant City/Do to bear costs pursuant to paragraph (1), he/she shall consult with the head of the relevant local government, but if such consultation fails to reach agreement, it shall be governed by a determination made by the Minister of the Interior and Safety.

(3)The head of a Si/Gun may require other local government that significantly benefits from an urban or Gun planning facility project performed by him/her to partially bear costs incurred in implementing the said urban or Gun planning facility project, as prescribed by Presidential Decree, upon consulting thereon with such local overnment that has benefitted therefrom.

(4)Where the consultation held under paragraph (3) fails to reach agreement and the other local government belongs to the same Do, it shall be governed by a determination made by the competent DoGovernor, and when it belongs to another City/Do, it shall be governed by a determination made by the Minister of the Interior and Safety.

Article 103 – Deleted.

Article 104 – (Subsidies or Loans)

(1)Costs incurred in conducting basic investigations as to a metropolitan plan or an urban or Gun plan formulated by the Mayor/Do Governor or the head of a Si/Gun, or in preparing topographic drawings under Article 32 may be fully or partially subsidized by the State budget, as prescribed by Presidential Decree.

(2)Costs incurred in implementing an urban or Gun planning facility project by an administrative agency may be subsidized or loaned in whole or in part by the State budget, as prescribed by Presidential Decree, and part of costs incurred in implementing an urban or Gunplanning facility project by any person, not an administrative agency may be subsidized or loaned by the State or a local government, as prescribed by Presidential Decree. In such cases, the State or local governments may preferentially support areas in which infrastructure such as roads, utilities, etc. is insufficient compared with adjacent areas, areas in which metropolitan facilities reflected in metropolitan plans are established, or areas that have been released from a development restriction zone (limited to a collective settlement).

Article 105 – (Assistance to Settlement Districts)

The State or local governments may implement or support the projects for the convenience of living and increased welfare, etc. of the residents within the settlement district, as prescribed by Presidential Decree.

Article 105-2 – (Support for Disaster Prevention Districts)

Where the State or a local government executes a disaster prevention project or supports such project pursuant to this Act or other Acts, it may give priority to supporting disaster prevention areas.

Chapter IX
Urban planning committee

Article 106 – (Central Urban Planning Committee)

The Central Urban Planning Committee shall be established in the Ministry of Land, Infrastructure and Transport to perform the following affairs:

1.Deliberation on matters belonging to the authority of the Minister of Land, Infrastructure and Transport, such as a metropolitan plan, an urban or Gun plan, a zone wherein a contract for land transactions is permitted, etc.;

2.Deliberation on matters stipulated by this Act or other Acts to undergo deliberation by the Central Urban Planning Committee;

3.Investigations and research on urban or Gun plans.

Article 107 – (Organization)

(1)The Central Urban Planning Committee shall be comprised of at least 25 but no more than 30 members, including one chairperson and one vice chairperson.

(2)The chairperson and the vice chairperson of the Central Urban Planning Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among its members.

(3)The members shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among pubic officials of related central administrative agencies and persons having extensive knowledge and experience in the fields related to urban or Gunplanning, such as land utilization, architecture, housing, traffic, spatial information, environment, legislation, welfare, disaster prevention, culture, and agriculture and forestry.

(4)The number of members who are not public officials shall be at least ten, and their terms of office shall be two years.

(5)A member appointed to fill a vacancy occurring before the expiration of the term for which his/her predecessor was appointed shall serve for the remainder of such term.

Article 108 – (Duties of Chairperson, etc.)

(1)The chairperson shall exercise overall control over the affairs of the Central Urban Planning Committee, and preside over its meetings.

(2)The vice chairperson shall assist the chairperson, and act for the chairperson if the chairperson is unable to perform his/her duties due to extenuating circumstances.

(3)Where both the chairperson and the vice chairperson are unable to perform their duties due to extenuating circumstances, the member who has been designated in advance by the chairperson shall act on their behalf.

Article 109 – (Convocation of Meetings and Quorum for Resolution)

(1)The Minister of Land, Infrastructure and Transport or the chairperson shall convene meetings of the Central Urban Planning Committee, where deemed necessary.

(2)Meetings of the Central Urban Planning Committee shall open with the attendance of a majority of all incumbent members, and pass a resolution with a concurrent vote of a majority of those present.

Article 110 – (Subcommittees)

(1)Subcommittees may be set up in the Central Urban Planning Committee to efficiently deliberate on the following matters:

1.Designation and alteration of any zone, etc. for land utilization under Article 8 (2), and concerning plans for altering special-purpose areas, etc. under Article 9;

2.Deliberation under Article 59;

3.Designation of permission areas under Article 117;

4.Matters delegated by the Central Urban Planning Committee.

(2)Deliberation by subcommittees shall be deemed deliberation by the Central Urban Planning Committee: Provided, That in cases under paragraph (1) 4, it shall be limited to cases where the Central Urban Planning Committee ensures that any deliberation by subcommittees is deemed to have been conducted by the Central Urban Planning Committee.

Article 111 – (Expert Members)

(1)The Central Urban Planning Committee may have expert members investigate and research important matters concerning urban or Gunplanning, etc.

(2)Upon receipt of a request from the chairperson, the Central Urban Planning Committee or subcommittees, expert members may attend its meetings and state opinions.

(3)Expert members shall be appointed by the Minister of Land, Infrastructure and Transport from among persons having extensive knowledge and experience in the field related to urban or Gunplanning, such as land utilization, construction, housing, traffic, spatial information, environment, legislation, welfare, disaster prevention, culture, and agriculture and forestry.

- Urban and territorial planning
  - 10.1.1 National land classification
- Urban planning and design for adaptation
  - 11.1 Climate risks and vulnerability for planned areas and infrastructure
- Urban planning and design for adaptation
  - 11.1 Climate risks and vulnerability for planned areas and infrastructure
- Urban planning and design for adaptation
  - 11.1 Climate risks and vulnerability for planned areas and infrastructure
- Urban planning and design for adaptation
  - 11.1.1 Climate risk and vulnerability assessments
- Urban planning and design for mitigation
  - 12.1 Urban plans and greenhouse gas emissions
- Urban planning and design for mitigation
  - 12.3 Green spaces for environmental and climate services
- Urban planning and design for mitigation
  - 12.1 Urban plans and greenhouse gas emissions
- Urban planning and design for mitigation
  - 12.1 Urban plans and greenhouse gas emissions
- Urban planning and design for adaptation
  - 11.1.5 Climate hazard maps