Act On Urban Parks, Greenbelts, Etc.


Published: 2013-05-22

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
CHAPTER I GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Act is to create a pleasant urban environment by prescribing matters necessary to expand, manage and use parks and greenbelts in cities and to implement urban afforestation, etc. in order to ensure a healthy and urban cultural lifestyle and to improve public welfare.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11800, May 22, 2013>
1. The term "parks and greenbelts" means any of the following spaces or facilities which are used to create a pleasant urban environment and to foster citizens' feelings of restfulness and peace:
(a) Urban parks, greenbelts, amusement parks, public vacant land and reservoirs;
(b) Spaces in which vegetation such as trees, lawns, flowers and ground cover (hereinafter referred to as "vegetation") grows;
(c) Other spaces or facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. The term "urban afforestation" means cultivating vegetation in spaces (excluding any forest provided in subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act) of urban areas (referring to the urban areas provided in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act and including the district planning area designated as a control area under subparagraph 2 of the same Article of the same Act; hereinafter the same shall apply) where eco-friendly resources including vegetations, water and soil are in short supply;
3. The term "urban park" means any of the following parks which are built or designated to contribute to protecting urban natural scenery and improving health, recreation and aesthetic sentiments of citizens in urban areas: Provided, That urban natural park areas under item (b) shall be excluded for the purposes of Articles 3, 14, 15, 16, 16-2, 17, 19 through 21, 21-2, 22 through 25, 39, 40, 42, 46, 48-2, 52 and 52-2:
(a) Parks determined by an urban or Gun management plan pursuant to Article 30 of the National Land Planning and Utilization Act, as parks under subparagraph 6 (b) of Article 2 of the same Act;
(b) Urban natural park areas (hereinafter referred to as "urban natural park areas") determined by an urban or Gun management plan pursuant to Article 38-2 of the National Land Planning and Utilization Act;
4. The term "park facilities" means any of the following facilities which are installed to raise the efficiency of urban parks:
(a) Roads or plazas;
(b) Landscape-architecture facilities, such as flower beds, fountains, and sculptures;
(c) Recreation facilities including rest areas and park benches;
(d) Play facilities including swings and slides;
(e) Sports facilities, including tennis courts, swimming pools, and archery ranges;
(f) Cultural facilities, including botanical gardens, zoos, aquariums, museums, and sound shells;
(g) Convenience facilities for users, including parking lots, stores, and toilets;
(h) Park management facilities, including park management offices, entrance and exit doors, fences, and hedges;
(i) Facilities for urban agriculture (referring to urban agriculture pursuant to subparagraph 1 of Article 2 of the Act on Development and Support of Urban Agriculture; hereinafter the same shall apply), including practice centers, experience centers, learning centers, agricultural materials warehouses;
(j) Other facilities used to raise the efficiency of urban parks, as further prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
5. The term "greenbelt" means a greenbelt provided in subparagraph 6 (b) of Article 2 of the National Land Planning and Utilization Act, which are designated according to urban management plans provided in Article 30 of the same Act to improve the urban landscape by preserving or improving the natural environment and preventing environmental pollution and natural disasters in urban areas.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 3 (Pilot Projects)   print
(1) Where deemed necessary to expand and raise the level of parks and greenbelts, the Minister of Land, Infrastructure and Transport may designate any urban park or greenbelt creation project and any urban afforestation project as a pilot project and provide necessary support for it either ex officio or at the request of the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor"). <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport may request the heads of relevant central administration agencies or a Mayor/Do Governor to submit materials necessary to designate the pilot project referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) Necessary matters concerning standards and procedures for designating the pilot project referred to in paragraph (1), the details of support therefor, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 4 (Surveys for Policy Formulation)   print
Where the Minister of Land, Infrastructure and Transport finds it necessary to formulate a policy to expand parks and greenbelts, he/she may request 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 under the jurisdiction of a Metropolitan City; hereinafter the same shall apply) to submit the following materials: <Amended by Act No. 11690, Mar. 23, 2013>
1. Materials concerning whether parks and greenbelts environment and locations are appropriate;
2. Materials concerning the extent of preservation and use of parks and greenbelts;
3. Statistics on parks and greenbelts;
4. Other matters concerning the current state of parks and greenbelts, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER II MASTER PLANS FOR PARKS AND GREENBELTS
law view
 Article 5 (Person Entitled to Develop Master Plans for Parks and Greenbelts, and Other Authorities)   print
(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 prescribed by Presidential Decree (hereinafter referred to as "person entitled to develop a master plan for parks and greenbelts") shall each develop a master plan outlining a comprehensive direction for expanding, managing and using parks and greenbelts in urban areas located in their respective jurisdictions (hereinafter referred to as "master plan for parks and greenbelts") every ten years.
(2) A person entitled to develop a master plan for parks and greenbelts may, where deemed necessary on the grounds of local conditions, develop a master plan for parks and greenbelts that include any territory under the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, Si or Gun (excluding a Gun located in the jurisdiction of a Metropolitan City; hereinafter the same shall apply) adjacent to his/her jurisdiction. In such cases, he/she shall consult, in advance, with the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a relevant Special Self-Governing Province and the head of a relevant Si/Gun thereabout.
(3) Notwithstanding paragraph (1), in any of the following cases, a person entitled to develop a master plan for parks and greenbelts may choose not to formulate a master plan for parks and greenbelts: <Amended by Act No. 10599, Apr. 14, 2011>
1. Where the formulation of a separate master plan for parks and greenbelts is deemed unnecessary because each of the matters referred to in the subparagraphs of Article 6 (1) are included in a basic urban or Gun plan (referring to the basic urban or Gun plan under subparagraph 3 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply);
2. Where an urban park is built in accordance with a plan for reinstating a damaged area referred to in Article 4 (4) of the Act on Special Measures for Designation and Management of Development Restriction Zones;
3. Where an urban park whose size does not exceed 100,000 square meters is newly built.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 6 (Contents, etc. of Master Plans for Parks and Greenbelts)   print
(1) A master plan for parks and greenbelts shall contain the following:
1. Matters concerning local characteristics, the directions and goals of the plan;
2. Matters concerning changes in the landscape of parks and greenbelts following changes in the population, industry, economy, spatial information and land utilization;
3. Matters concerning the comprehensive placement of parks and greenbelts;
4. Matters concerning the axis and network of parks and greenbelts;
5. Matters concerning supply of and demand for parks and greenbelts;
6. Matters concerning the preservation, management and utilization of parks and greenbelts;
7. Matters concerning urban afforestation;
8. Other matters necessary to expand, manage and utilize parks and greenbelts, as prescribed by Presidential Decree.
(2) The master plan for parks and greenbelts shall conform to a basic urban or Gun plan, and when the contents of the master plan for parks and greenbelts are different from the basic urban or Gun plan, the contents of the basic urban or Gun plan shall prevail over the contents of the master plan for parks and greenbelts. <Amended by Act No. 10599, Apr. 14, 2011>
(3) Standards, etc. for developing master plans for parks and greenbelts shall be determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 7 (Basic Survey for Developing Master Plans for Parks and Greenbelts)   print
(1) A person entitled to develop a master plan for parks and greenbelts shall, when he/she intends to develop or change the master plan for parks and greenbelts, survey or measure, in advance, matters necessary to develop and change the relevant master plan for parks and greenbelts, as prescribed by Presidential Decree, among matters regarding population, economy, society, culture, land utilization, parks and greenbelts, environment, climate, and other matters prescribed by Presidential Decree.
(2) A person entitled to develop a master plan for parks and greenbelts may request the heads of relevant administrative agencies to furnish materials necessary to conduct the survey and measurement referred to in paragraph (1). In such cases, the heads of relevant administrative agencies shall, upon receipt of such request, comply therewith, except in extenuating circumstances.
(3) A person entitled to develop a master plan for parks and greenbelts may, if necessary for an efficient survey and measurement, commission a specialized institution to conduct the survey and the measurement referred to in paragraph (1) or (2).
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 8 (Public Hearings and Hearings, etc. of Opinions of Local Councils)   print
(1) A person entitled to develop a master plan for parks and greenbelts shall, when he/she intends to develop or change the master plan for parks and greenbelts, hold, beforehand, a public hearing to hear opinions of residents, relevant experts, etc.
(2) A person entitled to develop a master plan for parks and greenbelts may, before he/she develops or changes the master plan for parks and greenbelts, consult with the urban park committee provided in Article 50 (hereinafter referred to as “urban park committee”).
(3) A person entitled to develop a master plan for parks and greenbelts shall, when he/she intends to develop or change the master plan for parks and greenbelts, undergo, beforehand, the procedures for hearing opinions of the local councils. In such cases, the local councils shall put forward their opinions within 30 days, except in extenuating circumstances.
(4) A person entitled to develop a master plan for parks and greenbelts shall, when the details of opinions and counseling that are put forward and offered in the course of a public hearing, the counseling by the urban park committee, or hearing opinions of the local councils in accordance with paragraphs (1) through (3) are deemed appropriate, reflect them in the relevant master plan for parks and greenbelts.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 9 (Formulation, etc. of Master Plans for Parks and Greenbelts)   print
(1) When 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 a master plan for parks and greenbelts, he/she shall consult with the heads of relevant administrative agencies and then undergo deliberation of a local urban planning committee under Article 113 of the National Land Planning and Utilization Act (hereinafter referred to as "local urban planning committee").
(2) If the head of a Si prescribed by Presidential Decree referred to in Article 5 (1) intends to formulate or change a master plan for parks and greenbelts, he/she shall obtain approval from the competent Do Governor, as prescribed by Presidential Decree. In such cases, if the Do Governor intends to approve the master plan for parks and greenbelts, he/she shall consult with the heads of relevant administrative agencies and then undergo deliberation of a local urban planning committee.
(3) The heads of relevant administrative agencies in receipt of a request for consultation pursuant to paragraph (1) or (2) shall present his/her opinion to a Mayor/Do Governor within 30 days of receipt of such request, except in extenuating circumstances.
(4) When a Mayor/Do Governor has formulated or approved a master plan for parks and greenbelts, he/she shall send the relevant documents to the heads of relevant administrative agencies (in cases of a Do Governor, including the head of a Si under paragraph (2)).
(5) A person entitled to develop a master plan for parks and greenbelts shall publicly announce the details of the master plan for parks and greenbelts and make them available for public perusal, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 10 (Effect and Upgrade of Master Plans for Parks and Greenbelts)   print
(1) An urban or Gun management plan concerning urban parks and greenbelts as part of the urban or Gun management plan (referring to the urban or Gun management plan under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply) shall conform to the master plan for parks and greenbelts. <Amended by Act No. 10599, Apr. 14, 2011>
(2) Every five years, a person entitled to develop a master plan for parks and greenbelts shall re-examine the appropriateness of the master plan for parks and greenbelts in his/her jurisdiction and upgrade such.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER III URBAN AFFORESTATION AND EXPANSION OF URBAN PARKS AND GREENBELTS
law view
 Article 11 (Urban Afforestation Plans)   print
(1) A person entitled to develop a master plan for parks and greenbelts shall develop an urban afforestation plan (hereinafter referred to as "urban afforestation plan") for part of the urban area under his/her jurisdiction based on the master plan for parks and greenbelts.
(2) The policy measures developed to systematically manage greenbelts in urban areas pursuant to Article 18 of the Framework Act on Forestry shall be reflected in the urban afforestation plan.
(3) When developing an urban afforestation plan pursuant to paragraph (1), a person entitled to develop a master plan for parks and greenbelts shall undergo deliberation of the relevant urban park committee (or the local urban planning committee where no urban park committee is established; hereafter the same shall apply in Articles 16 (4) and 19 (5)).
(4) Standards for developing an urban afforestation plan and other necessary matters shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or Si, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 12 (Greenbelt Utilization Contracts)   print
(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, if deemed necessary to expand parks and greenbelts in order to allow citizens easy access to them, enter into a contract, with the owner of any land in an urban area which has excellent vegetation or forest floors, to provide support necessary to preserve, maintain and utilize such vegetation or forest floors of the relevant land, on condition that the relevant land is made accessible to citizens (hereinafter referred to as "greenbelt utilization contract").
(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 put up signs on the land indicating that a greenbelt utilization contract has been entered into with respect to the land pursuant to paragraph (1).
(3) Matters necessary to enter into the greenbelt utilization contract, etc. shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, Si or Gun, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 13 (Afforestation Contracts)   print
(1) If deemed necessary for urban afforestation, 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 enter into a contract, with the owner or residents of any land in a certain urban area, to provide necessary support measures, including supply of saplings, on condition that the following measures are taken (hereinafter referred to as "afforestation contract"):
1. Protection of forest belts, etc.;
2. An increase in the vegetation ratio compared with the area of the relevant land;
3. An increase in the vegetation that prevails in the relevant land.
(2) Matters necessary to enter into the afforestation contract shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, a Si or Gun, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 14 (Securing of Urban Parks or Greenbelts)   print
(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 endeavor to secure urban parks or greenbelts according to standards for securing urban parks or greenbelts set by Ordinance of the Ministry of Land, Infrastructure and Transport in order to create a pleasant urban environment. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Anyone who formulates any of the following development plans (hereinafter referred to as "development plan") that accompany development whose size is equal to or greater than the size of development prescribed by Presidential Decree shall include a plan to secure urban parks or greenbelts in the relevant development plan according to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. A development plan provided in Article 4 of the Urban Development Act;
2. A housing construction project plan or site-leveling project plan provided in Article 16 of the Housing Act;
4. A development plan to perform industrial complex development projects provided in subparagraph 9 of Article 2 of the Industrial Sites and Development Act;
5. A housing site development plan provided in Article 8 of the Housing Site Development Promotion Act;
6. A project plan for a joint collection and delivery center provided in Article 29 of the Distribution Industry Development Act;
8. A development plan for a project aimed at constructing a complex for residential, commercial and industrial purposes, among the projects for which the development plans referred to in subparagraphs 1 through 7 and the approvals therefor are deemed developed and granted under other Acts;
9. Other development plans for a project to create a complex for residential, commercial or industrial purposes in accordance with other Acts.
(3) Any urban park or any greenbelt included in a development plan under paragraph (2) shall be built by the operator of the relevant development project at his/her own cost.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER IV BUILDING AND MANAGEMENT OF URBAN PARKS
law view
 Article 14-2 (Measures to Conserve Natural Greenbelts)   print
(1) For the conservation and restoration of forest land or farmland (hereafter referred to as "natural greenbelts" in this Article) that is similar to greenbelts in function despite the fact that the land is not a greenbelt, where any buildings or structures are constructed in such natural greenbelts, 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 purchase such buildings or structures and demolish them or take other necessary measures.
(2) When 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 permits any development activity pursuant to relevant Acts, where land for which an application for permission for any development activity has been filed is deemed to fall under any of the following subparagraphs, he/she may choose not to grant permission to ensure that the land continues to function as a natural greenbelt:
1. Land required to be maintained as it is as a natural greenbelt with good forest conditions in an area covered by the project to reinstate damaged area in a development restriction zone under Article 4 (4) of the Act on Special Measures for Designation and Management of Development Restriction Zones;
2. Natural greenbelts, management of which is deemed necessary to conserve urban natural environment 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.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 15 (Subdivision and Scale of Urban Parks)   print
(1) Urban parks shall be subcategorized according to their functions and themes as follows: <Amended by Act No. 11581, Dec. 18, 2012; Act No. 11800, May 22, 2013>
1. Living-zone parks: Any of the following parks that are built and managed as a park that takes the character of a fundamental park in an urban living zone:
(a) Small parks: Parks built by using a small area of land to foster feelings of restfulness and peace for urban citizens;
(b) Children's park: Parks built to improve the physical and mental health of children;
(c) Neighborhood parks: Parks built to improve health and to promote recreation and mental health of neighborhood residents or residents who live in a regional living zone that consists of neighborhood living zones;
2. Theme parks: Any of the following parks that are built for various purposes, other than living-zone parks:
(a) Historical parks: Parks built for relaxation for and education of urban citizens through the practical use of historic sites, establishments, ruins, relics, etc. of a city;
(b) Cultural parks: Parks built for relaxation for and education of urban citizens through the practical use of cultural features of a city;
(c) Waterside parks: Parks built for leisure and relaxation for urban citizens in practical use of waterside space, including the riverside and lakeside of a city;
(d) Cemetery parks: Parks built in a combination of a cemetery provided in subparagraph 7 of Article 2 of the Act on Funeral Services, Etc. and park facilities in order to provide relaxation, etc. to cemetery visitors;
(e) Sports parks: Parks built to foster healthy bodies and mind through sports activities, including athletic events and outdoor activities;
(f) Urban agricultural parks: Parks built to help urban citizens foster their emotional well-being and community spirit with a main focus on urban agriculture;
(g) Other parks prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as “City/ Do”), or a large city with 500,000 or more residents excluding Seoul Special Metropolitan City, a Metropolitan City and a Special Self-Governing City under Article 175 of the Local Autonomy Act.
(2) The scale of the parks referred to in the subparagraphs of paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 16 (Establishment of Park Building Plans)   print
(1) When an urban or Gun management plan concerning the installation of an urban park is determined, 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 jurisdiction over an administrative area where the relevant urban park is located shall establish a plan for building such urban park (hereinafter referred to as "park building plan"). <Amended by Act No. 10599, Apr. 14, 2011>
(2) Where necessary to build an urban park to accomplish purposes of national policies, such as building an urban park pursuant to Article 5 (3) 2, the Minister of Land, Infrastructure and Transport may request 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 to take necessary measures, such as establishment of a park building plan, 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 receives such request shall comply therewith, without delay, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any person other than 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 "private park promoter") may propose that 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 formulate a park building plan for an urban park on which an urban or Gun management plan concerning building an urban park has been determined to the effect that such park shall be built at the cost and risk of the former. <Amended by Act No. 10599, Apr. 14, 2011>
(4) 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 upon receipt of a proposal to establish a park building plan pursuant to paragraph (3) shall notify a proposer of whether he/she accepts such a proposal, within a period prescribed by Presidential Decree, after consultation with an urban park committee established in the relevant local government, and when he/she decides to accept such proposal, he/she shall reflect it in the establishment of a park building plan.
(5) 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 is required to formulate a park building plan promptly, he/she may formulate an urban or Gun management plan for the formulation of a park building plan as well as a master plan for parks and greenbelts or an urban or Gun management plan concerning the decision on an urban park. <Amended by Act No. 10599, Apr. 14, 2011>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 16-2 (Decision on Park Building Plans)   print
(1) A park building plan shall be decided in accordance with an urban or Gun management plan. In such cases, hearing opinions of a local council under Article 28 (5) of the National Land Planning and Utilization Act and consultation with the heads of relevant administrative agencies under Article 30 (1) of the same Act may be omitted, and where a City/Do urban park committee has been established pursuant to Article 50 (1) of the same Act, deliberation of the City/Do urban park committee may take place of deliberation of a City/Do urban planning committee under Article 30 (3) of the same Act. <Amended by Act No. 10599, Apr. 14, 2011>
(2) Paragraph (1) shall apply mutatis mutandis to any change in a park building plan: Provided, That when one intends to hear opinions of residents regarding any change in a park building plan, he/she shall publicly announce such change in an official report, website, etc. of the relevant Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or Si/Gun, and make the same available for public perusal for at least 14 days.
(3) Where the details of changes made to a park building plan under paragraph (2) fall under the following subparagraphs without any changes to theme or characteristics of the relevant park, deliberation of a City/Do urban park committee under paragraph (1) (referring to deliberation of a City/Do urban planning committee under Article 30 (3) of the National Land Planning and Utilization Act where no City/Do urban park committee has been established) and procedures for hearing opinions of residents pursuant to Article 28 (1) of the National Land Planning and Utilization Act may be omitted:
1. A change by not more than ten percent of the area of a site for park facilities (limited to cases where a scale of the area of a part which is changed among a site for park facilities is not more than 30,000 square meters);
2. Matters prescribed by Presidential Decree as acts causing insignificant changes, such as building small-scale park facilities.
(4) Standards for the formulation of a park building plan and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 17 (Invalidation of Decision on Urban Parks)   print
(1) Where the park building plan is not notified on or before the date on which ten years have lapsed from the date on which such decision on the urban or Gun management plan for building any urban park is notified, any decision regarding urban management planning to build any urban park shall be invalid on the date immediately following the date on which ten years have lapsed, notwithstanding Article 48 of the National Land Planning and Utilization Act. <Amended by Act No. 10599, Apr. 14, 2011>
(2) When the decision on the urban or Gun management plan is invalid pursuant to paragraph (1), a Mayor/Do Governor shall, without delay, notify such fact, as prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 18 (Upgrade of Park Building Plans)   print
(1) When the adjacent area utilization is substantially changed after the park building plan is determined and notified, or residents request the upgrade of the park building plan according to the requirements determined 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 shall re-examine the overall appropriateness of the park building plan and, if necessary, upgrade the park building plan.
(2) Requirements for residents to request the upgrade of the park building plan pursuant to paragraph (1) may vary from park to park provided in Article 15, taking into account the number of residents who are expected to frequent the relevant park, the scale thereof, etc.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 19 (Building and Management of Urban Parks)   print
(1) Every urban park shall be built and 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 according to the park building plan.
(2) The manager of any urban park that spans at least two administrative areas and the methods of managing such urban park shall be determined by the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, Governor of a Special Self-Governing Province or head of a Si/Gun after consultations regarding such.
(3) Where no agreement is reached in the consultations referred to in paragraph (2) and the relevant urban park is located in the jurisdiction of the same Do, an application may be filed with the competent Do Governor for an adjudication thereon and where the relevant urban park spans at least two jurisdictions of Cities/Dos, an application may be filed jointly with the Minister of Land, Infrastructure and Transport for an adjudication thereon. <Amended by Act No. 11690, Mar. 23, 2013>
(4) When the Minister of Land, Infrastructure and Transport delivers an adjudication after receiving the application for the adjudication filed pursuant to paragraph (3), an agreement shall be deemed reached in the consultations referred to in paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>
(5) Notwithstanding paragraph (1), in any of the following cases, park facilities may be built following deliberation of the relevant urban park committee even before a park building plan is formulated or changed: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where transportation convenience facilities are built or improved according to a plan to promote transportation convenience of the mobility disadvantaged under the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons;
2. Where park facilities are changed in the existing site for park facilities (excluding any change to facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a golf course);
3. Other cases 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 immediately build park facilities for management of the relevant park.
(6) When 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 built park facilities pursuant to paragraph (5), he/she shall change a park building plan to reflect such details at the earliest possible date.
(7) Standards for building urban parks under paragraph (1), standards for managing them and standards for ensuring their safety shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 20 (Commissioned Management of Urban Parks and Park Facilities)   print
(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 who manages urban parks pursuant to Article 19 (1) and (2) (hereinafter referred to as "park management agency") may commission the management of such urban parks or park facilities to anyone who is not the park management agency.
(2) When the park management agency commissions the management of any urban park or any park facilities in accordance with paragraph (1), it shall publicly announce the details thereof.
(3) Anyone who manages any urban park or park facilities after being commissioned to do so pursuant to paragraph (1) (hereinafter referred to as "commissioned park manager") may perform the work of any park management agency by proxy, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 21 (Building and Management of Urban Parks and Park Facilities by Private Park Promoters)   print
(1) A private park promoter may build and manage any urban park or park facilities after being designated as the operator of the relevant urban or Gun planning facility project under Article 86 (5) of the National Land Planning and Utilization Act and obtaining the authorization of the implementation plan under Article 88 (2) of the same Act, as prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011>
(2) Anyone who manages any urban park or park facilities pursuant to paragraph (1) may perform the work of the park management agency by proxy, as prescribed by Presidential Decree.
(3) Article 65 of the National Land Planning and Utilization Act that applies mutatis mutandis pursuant to Article 99 of the same Act shall not apply to any urban park or park facilities built pursuant to paragraph (1).
(4) Where a private park promoter performs an urban park creation project jointly 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 pursuant to Article 21-2 (3), if the private park promoter deposits at least 4/5 of the relevant project cost (including land purchasing expenses) in cash, such private park promoter shall be deemed to meet the requirements for the designation of an implementer of an urban or Gun planning facility project under Article 86 (7) of the National Land Planning and Utilization Act. <Newly Inserted by Act No. 11581, Dec. 18, 2012>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 21-2 (Special Cases concerning Developing Acts in Site for Urban Parks)   print
(1) When a private park promoter donates an urban park built pursuant to Article 21 (1) to the park management agency (referring to cases of donation not less than 70% of the area of a park), he/she may build facilities, other than park facilities, on a portion of or in the underground space of a site for such urban park if the following standards are fully satisfied:
1. As an urban park which has an area of not less than 100,000 square meters, the scale of a site in which facilities, other than park facilities, can be built shall be as follows, excluding cases of building in the underground space of a site for an urban park:
(a) Where a private park promoter intends to build facilities permitted to be built in a residential or commercial area pursuant to Article 36 of the National Land Planning and Utilization Act: Not more than 20% of the area of a site for an urban park;
(b) Where a private park promoter intends to build facilities permitted to be built in a greenbelt area pursuant to Article 36 of the National Land Planning and Utilization Act: Below 30% of the area of a site for an urban park;
2. Essential functions and the whole scenery of the relevant park shall not be destroyed;
3. Types and scales of facilities, other than park facilities, shall be a building or structure which has undergone deliberation of the relevant local urban planning committee, as a building or structure that can be built in the relevant specific use area or that can be built in a neighboring specific use area (where facilities are built in the underground space of a site for an urban park, limited to a building or structure that can be built in the relevant specific use area);
4. Facilities shall meet the standards 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.
(2) When a private park promoter intends to build facilities, other than park facilities in the underground space of a site for an urban park, pursuant to paragraph (1), divided superficies shall be created.
(3) A private park promoter may perform a project to create an urban park under paragraph (1), jointly 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 an agreement referred to in paragraph (8). In such cases, land purchasing expenses shall be borne by a private park promoter.
(4) Where a private park promoter donates an urban park built pursuant to Article 21 (1) to the park management agency, he/she may perform supplementary projects pursuant to Article 21 of the Act on Public-Private Partnerships in Infrastructure.
(5) Where deemed necessary for a site for facilities, other than park facilities of an urban park under 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 decide to change an urban or Gun management plan, such as cancellation of designation of the site as the relevant urban park. <Amended by Act No. 10599, Apr. 14, 2011>
(6) If nothing interferes with utilization of an urban park, 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 decide on other urban or Gun planning facilities (referring to the urban or Gun planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act) together in the underground space of a site for such urban park. <Amended by Act No. 10599, Apr. 14, 2011>
(7) Articles 19 (5) and 24, and Article 65 of the National Land Planning and Utilization Act applied mutatis mutandis pursuant to Article 99 of the same Act shall not apply to facilities, other than park facilities built pursuant to paragraph (1) and the site therefor.
(8) When a private park promoter builds an urban park under paragraph (1), he/she shall enter into an agreement regarding the following subparagraphs 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:
1. The timing of donation;
2. In cases of joint performance pursuant to paragraph (3), the method of performance;
3. Detailed types and scales of facilities other than park facilities;
4. The location of a site where facilities other than park facilities are built.
(9) The Minister of Land, Infrastructure and Transport may give necessary support, such as standard forms of agreement referred to in paragraph (8). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 22 (Safety Measures for Urban Parks and Park Facilities)   print
Anyone who manages any urban park or park facilities pursuant to Articles 19 through 21 shall take necessary measures to ensure the safety thereof, including regular inspections.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 23 (Management of Concurrently-Used Structures)   print
(1) Where any urban park, park facilities, river, road, tap-water and sewage system, storage facilities, other facilities, structures, etc. (hereinafter referred to as "other structures") are concurrently used, the park management agency and the manager of other structures may decide on how to manage such other structures through joint consultations: Provided, That where the manager of other structures (limited to a case where he/she is not the administrative agency) manages any urban park, he/she may manage only the maintenance and repair of the relevant urban park and its facilities.
(2) Every park management agency shall, where it decides on how to manage other structures pursuant to paragraph (1), publicly announce the details thereof.
(3) The manager of other structures who manages any urban park or park facilities pursuant to paragraph (1) may exercise the authority of the park management agency by proxy, as prescribed by Presidential Decree.
(4) Standards for building, installing and managing facilities and structures prescribed by Presidential Decree, as other structures concurrently used with urban parks or park facilities, shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 24 (Permission to Occupy and Use Urban Parks)   print
(1) Anyone who intends to perform any of the following acts in any urban park shall obtain permission to occupy and use such urban park 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 who is in charge of managing the relevant urban park, as prescribed by Presidential Decree: Provided, That the same shall not apply to minor acts prescribed by Presidential Decree, including thinning any forest:
1. Installing any facilities, constructing any buildings or setting up any structures, other than park facilities;
2. Changing the form and quality of the land;
3. Felling or planting bamboo and trees;
4. Collecting soil and stones;
5. Piling up goods.
(2) Upon receipt of an application for permission filed pursuant to 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 or Gun may grant such permission only when the following requirements are met, and where the owner of any land files an application for permission, it shall be granted in preference to others:
1. Permission should not be in conflict with the park building plan (limited to cases where the park building plan is developed);
2. Occupation and use should be inevitable;
3. Occupation and use should be acknowledged as not obstructing the public use of the relevant urban park.
(3) Urban parks that can be occupied and used after obtaining the permission therefor pursuant to paragraph (1) and standards for the occupation and use thereof shall be determined by Presidential Decree.
(4) Paragraph (1) shall apply mutatis mutandis where it is intended to change matters for which permission is granted for their occupation and use.
(5) 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 or Gun, after receiving a request to purchase any land, the classification of which is a site (including any building or any fixtures therein, which stand on the relevant land; hereafter in this paragraph the same shall apply) among land categorized as sites of urban parks pursuant to Article 47 (1) of the National Land Planning and Utilization Act, decide not to purchase it or fail to purchase it by the time two years have lapsed from the date on which a notice on the purchase decision is served, the owner of such land may construct any building and set up any structures thereon that are prescribed by Presidential Decree, after obtaining permission to occupy and use referred to in paragraph (1). In such cases, paragraphs (2) and (3) shall not apply thereto.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 25 (Reinstatement)   print
(1) Anyone who obtains permission to occupy and use any urban park pursuant to Article 24 shall, when the period of occupation and use expires or occupation and use are suspended, reinstate the relevant urban park without delay: Provided, That the same shall not apply in any of the following cases:
1. Where the reinstatement of the urban park is inappropriate because it could worsen the scenery of the urban parks, serves as a hindrance to the use or establishment of the urban parks, or upon any other grounds, and approval of 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 or Gun is obtained;
2. Where the owner of the land has established any buildings or structures pursuant to Article 24 (5).
(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 order any of the following persons to reinstate an urban park without delay:
1. Anyone who fails to reinstate such urban park pursuant to paragraph (1);
2. Anyone who has performed an act falling under the subparagraphs of Article 24 (1) without obtaining permission to occupy and use such urban park;
3. Anyone who has occupied and used such urban park in a manner that differs from the details of the permission for its occupation and use.
(3) When the person ordered to reinstate the urban park pursuant to paragraph (2) 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 or Gun may restore the urban park according to administrative vicarious performance provided in the Administrative Vicarious Execution Act.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER V URBAN NATURAL PARK AREAS
law view
 Article 26 (Standards for Designating and Changing Urban Natural Park Areas)   print
Standards for designating and changing urban natural park areas shall be prescribed by Presidential Decree, taking into comprehensive account the relevant city’s socioeconomic conditions, including the population, industry, traffic and land utilization, and environmental conditions, including topography and scenery.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 27 (Restrictions on Activities in Urban Natural Park Areas)   print
(1) In any urban natural park area, the construction of any building, change of use of any building, setup of structures, change in the form and quality of land, collection of soils and stones, division of land, clearing of bamboo and trees, piling up of goods and the urban or Gun planning project provided in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as “urban or Gun planning project”) shall be prohibited: Provided, That any of the following activities may be done after obtaining permission therefor 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 or Gun: <Amended by Act No. 10599, Apr. 14, 2011>
1. Construction of any of the following buildings or structures that are prescribed by Presidential Decree and a change in the form and quality of land due to the construction of such buildings or structures:
(a) Public facilities including roads and railroads;
(b) Provisional buildings or structures;
(c) Leisure facilities for urban citizens including recreational forests and arboreta;
(d) Physical-fitness training facilities including mountain trails and horizontal bars;
(e) Utility facilities including electricity and gas facilities;
(f) Housing and neighborhood community facilities;
(g) Welfare facilities for the aged under Article 31 of the Welfare of the Aged Act that can benefit greatly from their location in urban natural park areas and that do not cause any damage to the natural environment;
(h) Nursery facilities under Article 10 of the Infant Care Act that can benefit greatly from their location in urban natural park areas and that do not cause any damage to natural environment;
2. Reconstruction, expansion or major repair of existing buildings or structures;
3. Change in the form and quality of land that does not require the construction of any building;
4. Collection of soil and stones, clearing of bamboo and trees, and piling up of goods, which are all prescribed by Presidential Decree.
(2) Notwithstanding the proviso to paragraph (1), minor activities prescribed by Presidential Decree, including thinning any forest, may be done without obtaining permission therefor.
(3) The scale, height, building-to-land ratio and floor area ratio of a building and structure that is subject to permission under paragraph (1) 1 and 2 and the standards for granting permission for the activities subject to such permission provided in each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
(4) The provisions governing performance guarantee and reinstatement provided in Articles 60 and 64 (3) and (4) of the National Land Planning and Utilization Act and completion inspection provided in Article 62 of the same Act shall apply mutatis mutandis to permission for activities under the proviso to paragraph (1).
(5) Anyone who has already performed or undertaken construction works or project after obtaining permission, etc. according to other relevant statutes (including a case where such permission, etc. is not required according to relevant statutes) as at the time any urban natural park area is designated with respect to an activities provided in any subparagraph of paragraph (1) may continue to perform or undertake such construction works or project after filing a report thereon 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 or Gun having jurisdiction over such urban natural park area, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 28 (Special Cases concerning Settlement Districts)   print
(1) The Mayor/Do Governor may designate any settlement located in any urban natural park area, in which residents collectively live, as a settlement district under Article 37 (1) 8 of the National Land Planning and Utilization Act (hereinafter referred to as "settlement district").
(2) Standards for designating a settlement district, including the number of houses that form a settlement, the number of houses per unit area, standards for drawing a boundary of a settlement district and other necessary matters shall be prescribed by Presidential Decree.
(3) The intended use, height, and total floor area, building-to-land ratio and floor area ratio of a building in a settlement district shall be separately prescribed by Presidential Decree, notwithstanding Article 27 (3).
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 29 (Claims for Land Purchase)   print
(1) The owner of any land who becomes unable to use his/her land located in any urban natural park area for its originally intended purpose as a result of its designation as an urban natural park area greatly undermining its efficiency, and where he/she finds it impossible to earn revenue from his/her land (hereinafter referred to as "land subject to purchase") and who falls under any of the following subparagraphs may file a claim 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 head of a Si or Gun having jurisdiction over the relevant urban natural park area for the purchase of such land:
1. One who has continuously owned the relevant land since its designation as an urban natural park area;
2. One who has acquired the relevant land and has continuously owned it before it becomes virtually impossible for him/her to use and earn any revenue from the land;
3. One who has continuously owned the land after inheriting it from the person referred to in subparagraph 1 or 2.
(2) When the land, for which the claim is filed for its purchase pursuant to paragraph (1), meets the standards provided in paragraph (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 head of a Si/Gun shall purchase the land.
(3) Specific standards for assessing the land subject to such purchase shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 30 (Procedures, etc. for Filing Claims for Purchase)   print
(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 notify the purchase claimant of whether his/her land is subject to purchase, an estimated purchase price, etc. within one year after receipt of such claim for purchase pursuant to Article 29 (1).
(2) With respect to any land notified for the purpose of purchase pursuant to 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 shall develop a purchase plan within the period set by Presidential Decree but not exceeding three years and purchase the relevant land.
(3) The purchase price of the land subject to purchase (hereinafter referred to as “purchase price") shall be an amount appraised on the basis of the published land prices under the Public Notice of Values and Appraisal of Real Estate Act, taking into account the location, shape, environment, current status, etc. of the relevant land. In such cases, the time to calculate purchase prices, methods of calculating them, etc. shall be prescribed by Presidential Decree.
(4) Where land is purchased pursuant to paragraphs (1) through (3), procedures for its purchase and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 31 (Bearing of Expenses)   print
(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 bear the expenses incurred in appraisal, assessment, etc. to calculate purchase prices.
(2) Where any purchase claimant retracts his/her purchase claim without good cause, notwithstanding 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 require the purchase claimant to bear all or some of the expenses incurred in the appraisal and assessment of his/her land, etc. as prescribed by Presidential Decree: Provided, That the same shall not apply to the following cases:
1. Where a purchase price falls below a certain level set by Presidential Decree compared with an estimated purchase price;
2. Where the grounds for filing a claim for purchasing the land under Article 29 (1) cease to exist due to amendments or repeals of statutes.
(3) Where any purchase claimant who is liable to bear expenses pursuant to paragraph (2) fails to bear such expenses, they shall be collected in the same manner as delinquent local taxes are collected.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 32 (Purchase of Lands through Consultation)   print
(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, where deemed necessary to attain the objective of designating an urban natural park area, purchase any land and its fixtures (hereinafter referred to as “land, etc.") in an urban natural park area in consultation with the owner of such land.
(2) Where the land, etc. in an urban natural park area is purchased in consultation pursuant to paragraph (1), Articles 67 (1), 70, 71, 74, 75, 75-2, 76, 77, and 78 (5) through (7) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the timing, methods, standards, etc. for calculating purchase prices.
law view
 Article 33 (Restrictions on Access to Urban Natural Park Areas, etc.)   print
(1) Where deemed necessary to protect urban natural park areas, to reinstate the damaged urban nature and to ensure the safety of persons who frequent urban natural park areas as well as the public interest, 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 restrict or deny access by people or vehicles to a certain designated part of an urban natural park area for a certain period.
(2) When 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 restrict or deny access by people or vehicles to a certain designated part of an urban natural park area pursuant to paragraph (1), he/she shall publicly announce such measures by, for example, putting up signs indicating the restrictions and prohibition of access by people or vehicles to the certain designated part of the urban natural park area.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 34 (Devolvement of Public Facilities)   print
Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to devolvement of public facilities constructed by the administrative agency after obtaining permission under the proviso to Article 27 (1) (referring to public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act).
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER VI CREATION AND MANAGEMENT OF GREENBELTS
law view
 Article 35 (Subdivision of Greenbelts)   print
Greenbelts shall be categorized as follows according to their functions:
1. Buffer greenbelts: Greenbelts created to prevent air pollution, noise, vibration, foul odors and other pollution corresponding thereto, various accidents, natural disasters and other disasters corresponding thereto, etc.;
2. Scenic greenbelts: Greenbelts created to preserve and improve the natural environment of cities and to upgrade the urban scenery by improving and reinstating damaged natural areas;
3. Connecting greenbelts: Linear greenbelts created to organically connect any park, river, mountain area, etc. in urban areas and furnish space for urban citizens to enjoy strolling, leisure, relaxation, etc.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 36 (Creation and Management of Greenbelts)   print
(1) Greenbelts shall be created and 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.
(2) Standards for creating and managing greenbelts referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 37 (Creation of Greenbelts for Specific Causes)   print
When 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 designates a greenbelt according to the urban or Gun management plan to prevent environmental pollution or any accident that could be caused by certain activities such as construction of facilities, etc., he/she may require anyone who incurs the specific cause to create and manage the greenbelt, in whole or in part, as prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 38 (Permission to Occupy and Use Greenbelts, etc.)   print
(1) Anyone who intends to perform any of the following activities in any greenbelt shall obtain permission to occupy and use such greenbelt 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 who manages the relevant greenbelt, as prescribed by Presidential Decree: Provided, That the same shall not apply to minor activities prescribed by Presidential Decree including thinning any forest:
1. Installing any facility, building or structure, other than facilities needed to create the greenbelt;
2. Changing the form and quality of any land;
3. Felling or planting bamboo and trees;
4. Collecting soil and stones;
5. Piling up items.
(2) Upon receipt of an application filed for permission under 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 on condition that the occupation and use of the greenbelt do not impede the purposes of creating the greenbelt and the creation, maintenance, and management of such greenbelt.
(3) Persons eligible to occupy and use the greenbelt after obtaining permission therefor pursuant to paragraph (1) and standards for occupying and using such greenbelt shall be determined by Presidential Decree.
(4) Paragraphs (1) and (2) shall apply mutatis mutandis in cases of any change in matters for which permission to occupy and use is granted.
(5) Article 24 (5) shall apply mutatis mutandis where any building is constructed or any structures are set up on the land, the classification of which is a site located in the greenbelt, and Article 25 shall apply mutatis mutandis to the reinstatement of any greenbelt.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER VII COSTS
law view
 Article 39 (Bearing of Costs)   print
(1) Costs involved in building and managing urban parks, park facilities and greenbelts shall be borne by the local government to which the administrative agency that builds and manages such urban parks, park facilities, greenbelts belongs, except as otherwise specified by this Act or other Acts.
(2) Article 19 (2) through (4) shall apply mutatis mutandis to bearing of costs for any urban park that spans at least two administrative areas.
(3) Costs involved in building any urban park or park facilities, which are performed by any private park promoter in accordance with Article 21 (1), shall be borne by the operator.
(4) Where any urban park or park facilities are concurrently used with other structures, bearing of costs involved in managing the relevant urban park or park facilities in accordance with Article 23 (1) shall be determined in consultation with the park management agency and the manager of other structures.
(5) Where any greenbelt is created and managed pursuant to Article 37, costs involved in creating and managing such greenbelt shall be determined through mutual consultations between the administrative agency in charge of managing the greenbelt and the person specifically causing the problem.
(6) When no agreement is reached in consultations provided in paragraph (5), a joint application may be filed with the Minister of Land, Infrastructure and Transport for an adjudication thereon in cases of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City Mayor, or the Governor of a Special Self-Governing Province, or a joint application may be filed with a Do Governor for an adjudication thereon in cases of a Si and Gun. <Amended by Act No. 11690, Mar. 23, 2013>
(7) When the Minister of Land, Infrastructure and Transport or a Do Governor issues a ruling on the application filed for adjudication pursuant to paragraph (6), the agreement referred to in paragraph (5) shall be deemed reached. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 40 (Collection of Admission Fees, etc.)   print
(1) Park management agencies, commissioned park managers or anyone who manages any urban park or park facilities pursuant to Article 21 (1) may collect admission fees or usage fees for park facilities only for urban parks equipped with park facilities that exceed requirement prescribed by Presidential Decree.
(2) The amount of admission fees and usage fees collected by park management agencies and commissioned park managers in accordance with paragraph (1) and matters necessary for the methods of collecting them shall be determined by ordinance of relevant local governments to which the relevant park management agencies belong: Provided, That where anyone manages any urban park or park facilities built by anyone, other than a park management agency, after being commissioned by the management agency to manage such park, the amount of such admission fees and usage fees shall be determined by the relevant commissioned park manager.
(3) Anyone who manages any urban park or park facilities pursuant to the proviso to paragraph (2) and Article 21 (1) shall, when he/she decides on or changes admission fees, file a report thereon to the park management agency.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 41 (Collection of Occupation and Usage Fees)   print
(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 impose and collect occupation and usage fees from anyone who occupies and uses any urban park or greenbelt after obtaining permission therefor pursuant to Article 24 (1) or 38 (1): Provided, That the same shall not apply to any privately owned land.
(2) Matters necessary for the amount of occupation and usage fees referred to in paragraph (1) and methods for collecting them shall be determined by ordinance of the local government to which the relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, Governor of a Special Self-Governing Province or head of a Si/Gun belongs.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 42 (Devolvement, etc. of Occupation and Usage Fees, etc.)   print
Admission fees, usage fees and occupation fees for urban parks or greenbelts and other revenues from urban parks and greenbelts shall become the revenue earned by the local governments that impose and collect them: Provided, That admission fees and usage fees collected by anyone pursuant to Article 40 (1) who manages any urban park or park facilities pursuant to Article 21 (1) shall become the revenue earned by the relevant collector.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 43 (Compulsory Collection of Occupation and Usage Fees)   print
With respect to anyone who fails to pay occupation and usage fees provided for in this Act, 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 collect the occupation and use fees in question in the same manner as delinquent local taxes are collected.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 44 (Subsidies to Cover Costs)   print
(1) Subsidies may be provided from the national treasury to fully or partially cover the costs involved in urban park projects undertaken by park management agencies, as prescribed by Presidential Decree.
(2) With respect to the costs involved in any urban park project undertaken by anyone, other than the park management agency, the relevant local government may partially subsidize such cost, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER VIII SUPERVISION
law view
 Article 45 (Dispositions Taken Against Violators of Statutes)   print
With respect to any of the following persons, 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 revoke the permission granted under this Act, suspend the effect of such permission, suspend his/her business for up to three months, change such permission and take any other necessary disposition against him/her, as prescribed by Presidential Decree:
1. One who has obtained permission provided in Article 24 (1), the proviso to Article 27 (1) or Article 38 (1) by fraud or other improper means or who has acted in violation of detailed permission;
2. One who has violated this Act or any order issued or disposition taken under this Act.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 46 (Supervisory Disposition and Compensation of Loss for the Public Interest)   print
(1) In any of the following cases, 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 take a disposition provided in Article 45 against anyone who has obtained permission provided in Article 24 (1), the proviso to Article 27 (1) or Article 38 (1), as prescribed by Presidential Decree: <Amended by Act No. 10599, Apr. 14, 2011>
1. Where it becomes difficult to implement matters permitted or to continue the urban park project or the greenbelt project on the grounds of change of circumstances;
2. Where it is necessary to undertake another urban or Gun planning facility project (referring to the urban or Gun planning facility project pursuant to subparagraph 10 of Article 2 of the National Land Planning and Utilization Act and limited to installation of such urban planning facilities constructed underground or in the air).
(2) When anyone suffers losses incurred by the disposition provided in 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 who takes such disposition shall compensate for such losses. In such cases, when such loss is incurred by the disposition provided in paragraph (1) 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 require anyone who bears the cost of undertaking the urban or Gun planning facility project to compensate, fully or partially, for such losses. <Amended by Act No. 10599, Apr. 14, 2011>
(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 shall consult with anyone who suffers losses about the compensation for such losses provided in paragraph (2).
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si/Gun or the person who suffers any losses may file an application with the competent Land Expropriation Committee for an adjudication if no agreement is reached through consultation under paragraph (3) or such consultation cannot be held.
(5) Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the adjudication referred to in paragraph (4).
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 47 (Hearings)   print
When 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 revoke permission provided in this Act pursuant to Article 45 or 46, he/she shall hold a hearing thereon.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER IX SUPPLEMENTARY PROVISIONS
law view
 Article 48 (Special Cases concerning Cultural Property, etc.)   print
(1) When a Mayor/Do Governor intends to decide on an urban or Gun management plan for any urban park or greenbelt within the area designated as State-designated cultural property or its protection area in accordance with the Cultural Heritage Protection Act, he/she shall, in advance, consult with the Administrator of the Cultural Heritage Administration thereabout. <Amended by Act No. 10599, Apr. 14, 2011>
(2) The urban park or greenbelt on which a decision is made after consultation pursuant to paragraph (1) shall be built and managed, as prescribed by the Cultural Heritage Protection Act.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 48-2 (Matters to be Considered when Designating Urban Parks)   print
(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 intends to designate an urban park, he/she shall designate an urban park appropriately in consideration of the timing of implementation of an urban or Gun planning facility project pursuant to subparagraph 10 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as “urban or Gun planning facility project”) and whether financing is available, or such. <Amended by Act No. 10599, Apr. 14, 2011>
(2) When an urban or Gun management plan for building an urban park is determined, 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 reflect the urban or Gun management plan in the step-by-step execution plan under Article 85 of the National Land Planning and Utilization Act to ensure prompt creation of the urban park. <Amended by Act No. 10599, Apr. 14, 2011>
(3) When a park creation project has not been performed after an urban or Gun management plan for building an urban park was determined, 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 take appropriate measures, such as cancellation of designation of an urban park by reviewing whether the urban park is required, and implementation of the park creation project at the earliest possible date, or such, when five years have passed from the date on which the urban or Gun management plan was determined and notified. <Amended by Act No. 10599, Apr. 14, 2011>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 49 (Prohibited Activities in Urban Parks, etc.)   print
(1) No one shall do any of the following activities in any urban park or greenbelt: <Amended by Act No. 11800, May 22, 2013>
1. Damaging park facilities;
2. Damaging trees or causing any tree to wither and die by injecting foreign materials into them;
3. Causing another person to feel disgust by generating a loud noise or a strong odor;
4. Abandoning wastes (limited to urine on a seat, if the waste is urine) discharged by an accompanying pet and failing to remove the same;
5. Activities of using urban agricultural facilities for purposes other than urban agriculture such as processing, distributing, selling etc. agricultural products;
6. Other activities prescribed by Presidential Decree as significantly obstructing the management of any urban park or greenbelt.
(2) No one shall do any of the following activities in any urban park prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, a Si or Gun:
1. Peddling or selling goods on a street stall;
2. Entering any urban park together with an accompanying dog without attaching a leash to the dog.
(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 shall put up signs at the entrances of the urban park where the activities specified in paragraph (2) are prohibited.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 50 (Urban Park Committee)   print
(1) A City/Do urban park committee may be established in a City/Do to perform the following functions related to parks and greenbelts:
1. Counsel on the basic plan for parks and greenbelts;
2. Deliberation on park building plans;
3. Deliberation on urban afforestation plans;
4. Deliberation on other matters submitted by a Mayor/Do Governor in connection with parks and greenbelts.
(2) A Si/Gun urban park committee may be established in the relevant Si/Gun to deliberate on matters concerning counsel on the master plan for parks and greenbelts and matters concerning park building plans and parks and greenbelts that are submitted by the head of a Si/Gun.
(3) The City/Do urban park committee and the Si/Gun urban park committee shall, respectively, comprised of not less than ten members, including one chairperson and one vice chairperson.
(4) The members of the City/Do urban park committee and the Si/Gun urban park committee shall be appointed or commissioned by a Mayor/Do Governor or the head of a Si/Gun from among the public officials of relevant administrative agencies and the persons with abundant knowledge and experience in parks and greenbelts, including urban parks, greenbelts, urban planning, scenery, landscape architecture, forestry, and urban ecology.
(5) Matters necessary for the operation of the City/Do urban park committee and the Si/Gun urban park committee shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, or Si/Gun.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 51 (Urban Park Registers)   print
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun shall keep and maintain a register of urban parks in its jurisdiction.
(2) Matters to be entered into the register of urban parks and matters necessary for the preparation and keeping of them shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 52 (Restrictions on Disposal of National and Public Property)   print
Land and pertinent fixtures in urban parks and greenbelts, which are owned by the State or local governments, shall be prohibited from being sold or transferred for purposes other than those prescribed by the urban or Gun management plan. <Amended by Act No. 10599, Apr. 14, 2011>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 52-2 (Recognition of Greenhouse Gas Emissions Reduction Projects)   print
The Minister of Land, Infrastructure and Transport or the head of a relevant central administrative agency may recognize the whole or part of an urban park and greenbelt creation project under this Act (referring to an urban or Gun planning facility project) as a greenhouse gas emissions reduction project, as prescribed by the relevant Acts, in consideration of the effects of absorption of greenhouse gases or such. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
CHAPTER X PENALTY PROVISIONS
law view
 Article 53 (Penalty Provisions)   print
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won:
1. Anyone who builds and manages any urban park or park facilities without being commissioned or authorized, in violation of Article 20 (1) or 21 (1);
2. Anyone who builds and installs any facilities, buildings or structures in an urban park or a greenbelt without obtaining permission therefor or in violation of matters permitted, in violation of Article 24 (1), the proviso to Article 27 (1) or Article 38 (1);
3. Anyone who obtains permission provided in Article 24 (1), the proviso to Article 27 (1) or Article 38 (1) by fraud or other improper means;
4. Anyone who collects admission fees from persons entering any urban park, in violation of Article 40 (1).
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 54 (Penalty Provisions)   print
Any of the following persons shall be punished by a fine not exceeding three million won:
1. Anyone who performs management, other than the maintenance and repair of any urban park or park facilities, in violation of the proviso to Article 23 (1);
2. Anyone who conducts any of the prohibited activities (excluding the person who falls under subparagraph 2 of Article 53) in any urban park, urban natural park area, or greenbelt without obtaining the permission provided in Article 24 (1), the proviso to Article 27 (1) or Article 38 (1) or in violation of the permission period;
3. Anyone who damages any park facilities, in violation of Article 49 (1) 1.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
law view
 Article 55 (Joint Penalty Provisions)   print
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits an offense referred to in Article 53 or 54 in connection with business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
[This Article Wholly Amended by Act No. 9860, Dec. 29, 2009]
law view
 Article 56 (Administrative Fines)   print
(1) Anyone who fails to make a report pursuant to Article 40 (3) or who collects an entrance fee in excess of the amount reported shall be subject to an administrative fine not exceeding ten million won.
(2) Anyone who performs any prohibited activity falling under Article 49 (1) 2 through 6 and any subparagraph of paragraph (2) of the same Article shall be subject to an administrative fine not exceeding 100,000 won. <Amended by Act No. 11800, May 22, 2013>
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected 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 Presidential Decree.
[This Article Wholly Amended by Act No. 11060, Sep. 16, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Application Example concerning Inclusion of Urban Parks and Plan for Securing Greenbelts in Development Plan)
Article 14 (2) shall apply, starting with the first development plan as defined in each subparagraph of the same paragraph and the first application that is filed for permission and approval, etc. after this Act
enters into force.
Article 3 (Application Example concerning Subdivision of Urban Parks)
Article 15 shall apply, starting with the first urban park that is determined according to the urban management plan after this Act enters into force.
Article 4 (General Transitional Measures)
Any permission, decision, disposition, act, application or other act that is granted, made, taken, performed, filed or performed by or with administrative agencies pursuant to the previous provisions of the Urban Park Act at the time this Act enters into force shall be deemed granted, made, taken, performed, filed and performed by or with administrative agencies pursuant to this Act.
Article 5 (Transitional Measure concerning Basic Plan for Parks and Greenbelts)
(1) A person entitled to develop a basic plan for parks and greenbelts shall develop the basic plan for parks and greenbelts provided for in Article 5 and obtain approval therefor from the Minister of Construction and Transportation within five years from the date on which this Act enters into force.
(2) A person entitled to develop a basic plan for parks and greenbelts shall, when approval is granted for the basic plan for parks and greenbelts pursuant to paragraph (1), re-examine the overall urban management planning for urban parks, urban natural park areas or greenbelts in his/her jurisdictional area and upgrade them.
(3) The basic plan for parks and greenbelts for which the Do Governor grants approval pursuant to Article 9 shall apply, starting with the basic plan for parks and greenbelts that is developed by the Mayor for the second time after this Act enters into force (including any change in the basic plan for parks and greenbelts that is first developed).
Article 6 (Transitional Measures concerning Existing Urban Natural Parks)
(1) With respect to any urban natural park that is determined and notified according to the urban management plan at the time this Act enters into force, the Special Metropolitan City Mayor, a Metropolitan City Mayor or the head of a Si/Gun shall take necessary measures, such as designation of an urban natural park area or a change in urban planning facilities, or such, before the decision of an urban park pursuant to Article 17, and Article 48 of the National Land Planning and Utilization Act ceases to have effect. <Amended by Act No. 9860, Dec. 29, 2009>
(2) Deleted. <by Act No. 9860, Dec. 29, 2009>
(3) The management, etc. of any urban natural park shall be governed according to Articles 19 through 25, and 39 through 56 of this Act until the urban natural park is designated as an urban natural park area provided for in paragraph (2).
Article 7 (Transitional Measures concerning Procedures for Developing Plan for Building Parks)
(1) Article 16 shall apply, starting with the park building plan that is first developed or changed after this Act enters into force.
(2) Where the park building plan is developed and determined pursuant to the previous provisions of Article 4 of the Urban Park Act at the time this Act enters into force, such park building plan shall be deemed to be developed and determined pursuant to this Act.
Article 8 (Transitional Measures concerning Invalidation of Existing Urban Parks)
With respect to the urban park for which the decision on the urban planning facilities is notified at the time this Act enters into force, where the park building plan provided for in Article 16 is not determined and notified by the date on which ten years have lapsed from the date on which this Act enters into force, the decision on the urban management planning for urban parks shall cease to have effect on the day immediately following the day on which ten years have lapsed, notwithstanding Article 17.
Article 9 Omitted.
Article 10 (Relation with Other Acts)
Where the previous Urban Park Act and its provisions are quoted by other Acts at the time this Act enters into force and this Act has the provisions falling under the quoted provisions, this Act and the provisions equivalent thereto of this Act shall be deemed quoted in lieu of the previous provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9860, Dec. 29, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (3) and (4), and 16-2 (3) and (4) shall enter into force six months after the date of promulgation.
(2) (Examples of Application concerning Change of Park Building Plan) The amended provisions of Article 16-2 (3) and (4) shall apply beginning with the first park binding plan formulated or changed after this Act enters into force.
(3) (Transitional Measures concerning Review of Existing Urban Park) Notwithstanding the amended provisions of Article 48-2 (3), a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Governor of the Special Self-Governing Province, or the head of a Si/Gun shall take appropriate measures for an urban park, by reviewing within three years from the date this Act enters into force, on which two years have passed from the date an urban management plan for building an urban park was determined and announced at the time this Act enters into force.
(4) (Special Cases concerning Existing Urban Natural Park) The previous Urban Park Act shall apply to building or change of park facilities for an urban natural park pursuant to the previous Urban Park Act (referring to the Act before amended by Act No. 7476; hereafter the same shall apply in this paragraph): Provided, That the amended provisions of Articles 21-2, 48-2 and 52-2 may be applied to the development and management of an urban natural park.
ADDENDA <Act No. 10264, Apr. 15, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 27 (1) 1 (g) shall enter into force six months after the date of its promulgation.
(2) (Applicability to Exclusion of Restoration to Original State where Occupation Period of Urban Parks Expires) The Amended provision of Article 25 (1) 2 shall also apply to any building or installments that must be restored to their original state because the occupation period has already expired at the time this Act enters info force, or to those that must be restored to their original state by a person who has been ordered to carry out the restoration.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 11060, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 2 (4) of Addenda shall enter into force on November 5, 2011; the amended provision of Article 27 (1) 1 (h) six months after the date of its promulgation; Article 2 (6) of Addenda on April 15, 2012; and the amended provisions concerning a Special Self-Governing City and a Special Self-Governing City Mayor on July 1, 2012.
Article 2 Omitted.
ADDENDUM <Act No. 11581, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11800, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation.