Enforcement Decree Of The Natural Parks Act (Korea)

Enforcement Decree Of The Natural Parks Act

Published: 2011-05-03

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Article 1 (Purpose)

The purpose of this Decree is to provide for matters delegated by the Natural Parks Act and other necessary matters for the enforcement thereof. <Amended by Presidential Decree No. 19073, Sep. 30, 2005>

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Article 2 (Park Establishments and Facilities)

"Facilities prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Natural Parks Act (hereinafter referred to as the "Act") means each of the following establishments and facilities: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 20807, Nov. 2, 2009; Presidential Decree No. 22420, Oct. 1, 2010>

1.	Public establishments, such as park management offices, information offices, box offices, post offices, police boxes, village halls, halls for senior citizens, libraries and principal environmental establishments;

2.	Protective and safety facilities, including erosion-control, shore-protection, fire-prevention, barricade, disaster-prevention and landscape-architecture facilities, to protect park resources and ensure the safety of visitors;

Recreation and convenience facilities, such as sports facilities (excluding any golf course, golf-practice range and skiing ground), pleasure-boat stations, moorings for water-based leisure equipment, squares, camping grounds, juvenile training facilities, children playgrounds, game fishing facilities, observation decks, wild animal observation posts, undersea observatories, resting places, shelters and public toilets;

4.	Cultural facilities, such as botanical gardens, zoos, aquariums, museums, exhibition halls, public performance platforms and nature-study rooms;

5.	Traffic and transportation facilities, such as roads (including access roads), parking lots, bridges, trains with or without tracks, landing fields for light planes (including those for light float planes), etc.;

6.	Commercial establishments such as souvenir shops, pharmacies, restaurants (excluding bars and nightclubs), beauty salons, bath-houses and entertainment establishments;

7.	Lodging establishments such as hotels and inns;

8.	Other establishments and facilities incidental to the establishments and facilities referred to in subparagraphs 1 through7.

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Article 2-2 (Alteration of Important Matters)

"Cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a district" in the latter part other than the subparagraphs of Article 4-2 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010>

1.	An expansion of the area of a national park by not less than one million square meters;

2.	A reduction in the area of a national park.

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 2-3 (Documents Required for Designation of National Parks)

(1)

Documents (including electronic documents) that are required for the designation of any national park pursuant to Article 4-2 (1) of the Act mean the documents that contain the following matters: Provided, That in cases where it is possible to confirm information pertaining to attached documents through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act, such confirmation may substitute for the attached documents: <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22151, May 4, 2010>

1.	The name and the kind of the park;

2.	The purposes and need of designating the park;

3.	The drawing of the land that is to be developed into the park area, and the area by the administrative district;

4.	The current state of the natural environment, including the distribution of animals and plants, topography, geological features, water supply, wave patterns on water surface, natural scenery and natural resources, etc.;

5.	The current state of population and culture, including population, residences and cultural properties, etc.;

6.	The current utilization of land and the drawing that shows the current utilization thereof;

7.	The classification of land ownership (the land shall be classified into the national land, the public land and the private land, and any land owned by a temple from among the private land shall be indicated separately) ;

8.	The draft plan for the specific use area in the park area and the drawing that shows such draft plan.

(2)	The drawing referred to in paragraphs (1) 3, 6 and 8 shall use a topographic map referred to in Article 7 (1) of the Enforcement Decree of the Framework Act on the Regulation of Land Use. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 2-4 (Alteration of Important Matters)

"Cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a Do park district" in the latter part other than the subparagraphs of Article 4-3 (1) of the Act means cases where he/she makes any of the following alterations: <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010>

1.	An expansion of the area of a Do park by not less than 500 thousand square meters;

2.	A reduction in the area of a Do park.

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 2-5 (Reduction in Scale of Do Parks that Requires Approval)

"Scale prescribed by Presidential Decree" in Article 4-3 (2) of the Act means 100 thousand meters. <Amended by Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010>

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 2-6 (Documents Required for Designation of Do Parks)

Article 2-3 shall apply mutatis mutandis to documents required for the designation of a Do park pursuant to Article 4-3 (4) of the Act.

[This Article Wholly Amended by Presidential Decree No. 22420, Oct. 1, 2010]

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Article 2-7 (Alteration of Important Matters)

"Cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a Gun park district" in the latter part other than the subparagraphs of Article 4-4 (1) of the Act means cases where he/she makes any of the following alterations:

1.	An expansion of the area of a Gun park by not less than 500 thousand square meters;

2.	A reduction in the area of a Gun park.

[This Article Wholly Amended by Presidential Decree No. 22420, Oct. 1, 2010]

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Article 2-8 (Reduction in Scale of Gun Parks that Requires Approval)

"Scale prescribed by Presidential Decree" in Article 4-4 (2) of the Act means 50 thousand square meters.

[This Article Newly Inserted by Presidential Decree No. 22420, Oct. 1, 2010]

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Article 2-9 (Documents Required for Designation of Gun Parks)

Article 2-3 shall apply mutatis mutandis to documents required for the designation of a Gun park pursuant to Article 4-4 (4) of the Act.

[This Article Newly Inserted by Presidential Decree No. 22420, Oct. 1, 2010]

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Article 3 (Designation Standards)

The standards for designating natural parks in accordance with Article 7 of the Act shall be as shown in the attached Table1.

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Article 4 (Closure, etc. of Natural Parks)

"Cases prescribed by Presidential Decree" in Article 8 (1) 1 of the Act means any of the following cases: <Amended by Presidential Decree No. 17809, Dec. 18, 2002; Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010>

1.	Where it is deemed inevitable for military operations and the protection of military installations or military secrecy;

2.	Where it is deemed inevitable for projects involving river, reclamation, cultivation, harbor (including fishing port), power generation, railway, communications, broadcasting, meteorology, agricultural water or aviation;

3.	Where it is deemed inevitable for developing resources, which have a critical effect on the national economy;

4.	Where it is deemed inevitable for determining or altering the comprehensive national land plan provided for in Article 9 of the Framework Act on the National Land, the regional plan provided for in Article 16 of the same Act, and the plans by sector provided for in Article 17 of the same Act;

5.	Where a collective village, a crematorium or a shooting range, etc. is set up in the boundary or vicinity of a natural park area, which may not be used as any facility of the natural park concerned, rendering the need to maintain the natural park area no longer necessary.

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Article 5 (Constitution of National Park Committee)

(1)

The National Park Committee established pursuant to Article 9 (1) of the Act (hereinafter referred to as the "National Park Committee") shall be comprised of not more than 20 members and special members, including one chairperson and one vice chairperson. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(2)	The Vice Minister of Environment shall be the chairperson and the vice chairperson shall be elected from among the members.

(3)	Each of the following persons shall serve as members: <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 20680, Feb. 29, 2008>

Persons nominated by the head of the proper agency from among the public officials belonging to the Senior Civil Service of the Ministry of Strategy and Finance, the Ministry of National Defense, the Ministry of Public Administration and Security, the Ministry of Culture, Sports and Tourism, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Environment, the Ministry of Land, Transport and Maritime Affairs and the Forest Service;

2.	The chairperson of the Korea National Park Service (hereinafter referred as the "Service") ;

3.	The director of social affairs of the Jogye Order of Korean Buddhism;

4.	Persons commissioned by the Minister of Environment from among interested persons, including residents and business operators, who live in national parks;

5.	Persons commissioned by the Minister of Environment, who have profound learning and experience in natural parks.

(4)	Each of the following persons shall serve as special members: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

Deputy mayor for administrative affairs or deputy governor for administrative affairs (hereinafter referred to as the "deputy governor") of the Special Metropolitan City, the Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as the "City/Do") which has jurisdiction over the relevant park area;

2.	Persons commissioned by the Minister of Environment, who have donated land of not less than 1/1,000 of the park area.

(5)

Special members shall serve as members of the National Park Committee only when the Committee deliberates on matters concerning the natural park concerned. In such cases, the special members shall be prohibited from voting for any resolution. <Amended by Presidential Decree No. 19073, Sep. 30, 2005>

(6)	The terms of office of the members referred to in paragraph (3) 4 and 5, and the special members referred to in paragraph (4) 2 shall be two years, and such members may be recommissioned only once. <Amended by Presidential Decree No. 19073, Sep. 30, 2005>

(7)	The chairperson shall exercise overall control of the business affairs of the National Park Committee and preside over its meetings. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(8)	The vice chairperson shall assist the chairperson and act on behalf of the chairperson in discharging the latter's duties in the event that the chairperson is unable to discharge his/her duties for unavoidable reasons.

(9)

The National Park Committee shall have one secretary to handle the administrative affairs of the Committee and such secretary shall be nominated by the Minister of Environment from among the public officials of Grade IV or higher grade of the Ministry of Environment or the public officials in general service belonging to the Senior Civil Service. <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 22420, Oct. 1, 2010>

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Article 6 (Operation, etc. of National Park Committee)

(1)	Meetings of the National Park Committee shall be comprised of the chairperson and the following members: <Newly Inserted by Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 22420, Oct. 1, 2010>

1.	Members of the ministry, agency, service, administration or office related with the matters for deliberation from among the members falling under Article 5 (3) 1;

2.	Members falling under Article 5 (3) 2 through 5.

(2)	Meetings of the National Park Committee shall be called when the Minister of Environment deems it necessary. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(3)

Meetings of the National Park Committee shall be convened with the attendance of a majority of the members referred to in paragraph (1) and resolve with the approval of the majority of the members present. <Amended by Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 22420, Oct. 1, 2010>

(4)	Other necessary matters concerning the operation of the National Park Committee shall be prescribed by the chairperson following the resolution of the National Park Committee. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

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Article 7 (Standards for Constitution and Operation of Do Park Committee)

A Do Park Committee established pursuant to Article 9 (1) of the Act (hereinafter referred to as "Do Park Committee") shall be comprised of and operated according to the following standards: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 20008, Apr. 12, 2007; Presidential Decree No. 22420, Oct. 1, 2010>

1.	The Do Park Committee shall be comprised of not more than 15 members and special members, including one chairperson and one vice chairperson;

The deputy governor shall be the chairperson and the members shall be nominated or commissioned by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") from among persons falling under each of the following items:

(a)	Public officials of relevant administrative agencies;

(b)	Interested persons, including residents, business operators, etc. who live in Do parks;

(c)	Persons of profound learning and experience in natural park;

3.	Special members shall be those falling under each of the following items:

(a)	The deputy head of the Si/Gun/autonomous Gu (hereinafter referred to as "Gun") (hereinafter referred to as the "deputy head of the Gun") which has jurisdiction over the relevant park area;

(b)	Persons commissioned by the Mayor/Do Governor, who have donated land of not less than 1/1,000 of the relevant park area;

(c)	Persons commissioned by the Mayor/Do Governor who is in charge of managing and operating the facilities of a religious organization located in the relevant park area;

4.	Special members shall serve as members of the Do Park Committee only in the event that the Committee deliberates on matters concerning the natural park concerned. In such cases, the special members shall be prohibited from voting for any resolution;

5.	The terms of office of members falling under subparagraph 2 (b) and (c), and the terms of office of special members falling under subparagraph 3 (b) and (c) shall be two years, and they may be recommissioned only once;

6.	The provisions concerning the National Park Committee shall apply mutatis mutandis to the duties of the chairperson and vice chairperson, the secretary, and the operation of the Do Park Committee.

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Article 8 (Standards for Constitution and Operation of Gun Park Committee)

The standards for the constitution and operation of a Gun Park Committee established pursuant to Article 9 (1) of the Act (hereafter referred to as "Gun Park Committee" in this Article) shall be as follows: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010>

1.	The Gun Park Committee shall be comprised of not more than 15 members and special members, including one chairperson and one vice chairperson;

2.	The deputy head of the Gun shall be the chairperson and members shall be nominated or commissioned by the head of the competent Si/Gun/autonomous Gu (hereinafter referred to as the "head of the Gun") from among the following persons:

(a)	Public officials of relevant administrative agencies;

(b)	Interested persons, including residents, business operators, etc. who live in the relevant Gun park;

(c)	Persons of considerable knowledge and experience in natural parks;

3.	Special members shall be those falling under each of the following items:

(a)	Deleted; <by Presidential Decree No. 17952, Apr. 4, 2003>

(b)	Persons commissioned by the head of the Gun, who have donated land of not less than 1/1,000 of the area of the relevant park;

(c)	A person commissioned by the head of the Gun, who is in charge of managing facilities of a religious organization in the relevant park area;

4.	Special members shall act as members of the Gun Park Committee only in the event that the Committee deliberates on matters concerning the relevant natural park. In such cases, the special members shall be prohibited from voting for any resolution;

5.	The provisions concerning the Do Park Committee shall apply mutatis mutandis to the duties of the chairperson and the vice chairperson, the terms of office of members and special members, the secretary, and the operation of the Gun Park Committee.

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Article 8-2 (Appointment, etc. of Expert Members)

(1)

The Minister of Environment may commission not more than 15 expert members pursuant to the provisions of Article 10-2 of the Act from among the persons of profound learning and experience in the conservation and utilization of natural parks, including the natural ecology, the natural scenery, history, culture and land utilization.

(2)	The term of office of an expert member shall be three years and he/she may be recommissioned only once. <Amended by Presidential Decree No. 20008, Apr. 12, 2007>

(3)	The expert members may be paid allowances, and travel expenses needed to conduct their survey, research, counselling, etc. and other necessary expenses within the limits of budget.

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 9 (Contents of and Procedures, etc. for Basic Park Planning)

(1)	Matters falling under each of the following subparagraphs shall be included in the basic park planning worked out in accordance with Article 11 (2) of the Act:

1.	Matters related to setting the goal of managing natural parks;

2.	Matters related to conserving, exploiting and managing natural parks;

3.	Other matters deemed necessary by the Minister of Environment for managing natural parks.

(2)	The Minister of Environment shall, when he/she works out the basic park planning in accordance with Article 11 (2) of the Act, hear opinions of the relevant Mayor/Do Governor.

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Article 10 (Request for Park Planning)

A request for park planning pursuant to Article 12 (3) of the Act shall include each of the following, and in the event that it is possible to indicate such matters in drawings, such drawings shall be submitted together. In such cases, the drawings shall be indicated in a topographical chart on a scale of 1/50,000 or larger and in the case of a plan for park facilities under Article 17 (1) of the Act, a topographical chart indicating land registers and drawings specifying matters concerning the plan for park facilities shall be submitted all together: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

Types;

2.	Objectives and reasons;

3.	Details and scale;

4.	Project costs;

5.	Project period;

Effects;

7.	Plan for restoring the original state or landscape plan;

8.	Estimated impact on the natural ecosystem, and measures to protect major wild animals and plants and to prevent environmental pollution.

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Article 11 (Alteration of Minor Matters in Park Planning)

(1)	Alternation of minor matters the deliberation of which by a park committee may be omitted under the proviso to Article 15 (1) of the Act refers to any of the following cases:

1.	Where the area of specific use districts subdivided under Article 18 (3) of the Act in a collective facility district in a park is adjusted or a plan for park facilities in a specific use district is altered;

2.	Where park facilities planned to be installed in a district other than a collective facility district in a park are relocated to the collective facility district in the park;

3.	Where any collective facility district in a park is converted into a nature conservation district in the park, a natural environment district in the park, or a natural village district in the park;

4.	Where a natural village district in a park is turned into a nature conservation district in the park or a natural environment district in the park;

5.	Where a densely populated village district in a park is turned into a nature conservation district in the park, a natural environment district in the park or a natural village district in the park;

6.	Where the area of a site for park facilities under Article 2 is altered within the limits of 5,000 square meters (2,000 square meters in the case of a nature conservation district in a park).

7.	Where a plan for park facilities that has already been determined and published is scaled back or abrogated or the site area of park facilities under the said plan is expanded by not more than 20/100;

8.	Where a building is enlarged or relocated on the same site.

(2)

Where deliberation by a park committee is omitted under paragraph (1), the Minister of Environment, the Mayor/Do Governor, or the head of the competent Gun (hereinafter referred to as "park management agency") shall make a decision on whether to alter the relevant park plan within 60 days (within 90 days, if there exist such unavoidable reasons as implementation of the results of consultation with the head of the relevant administrative agency under Articles 12 (2) 2, 13 (2) 2, and 14 (2) of the Act).

[This Article Wholly Amended by Presidential Decree No. 22420, Oct. 1, 2010]

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Article 12 (Standards for Examining Appropriateness of Park Planning)

(1)

In examining the appropriateness of any park planning pursuant to Article 15 (2) of the Act, the reasonability of such park planning, including changes in the propensity to park visiting activitiesof visitors, the prospect of the demand for parks and plans for park facilities shall be assessed. <Amended by Presidential Decree No. 20163, Jul. 4, 2007>

(2)	In examining the appropriateness of any park area under Article 15 (2) of the Act, the designation standards as shown in the attached Table 1 and matters falling under each of the following subparagraphs shall be taken into account:

1.	The location, area and utilization convenience of the relevant park area;

2.	The conservation value of nature, cultural resources and topography of the relevant park area;

3.	The current state of development and environmental conservation of the park boundary area;

4.	The reasonability of the park boundary line in light of topography and geographical features, including roads and rivers;

5.	The need to protect natural scenery and natural ecosystem in areas surrounding the park;

6.	The efficiency of park management;

7.	The impact of a change in the park area on the entire park.

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Article 13 (Assessment of Impact on Natural Environment)

Every park management agency shall, when it decides on or alters a park planning, assess each of the following in accordance with Article 17 (2) of the Act: Provided, That the same shall not apply to a case where the assessment of environmental impact under subparagraph 1 of Article 2 of the Environmental Impact Assessment Act or prior examination of environmental nature under subparagraph 7 of Article 3 of the Framework Act on Environmental Policy has been made beforehand: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 21185, Dec. 24, 2008; Presidential Decree No. 22420, Oct. 1, 2010>

1.	A survey of current environmental state;

2.	Analysis of changes in the natural ecosystem;

3.	Analysis of changes in atmosphere and water quality;

4.	Analysis of waste discharge;

5.	Ways to reduce any adverse impact on the environment.

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Article 13-2 (Guidelines for Establishment of Plan for Conservation and Management of Each Park)

(1)	The guidelines for the establishment of a plan for the conservation and management of each park under Article 17-2 (1) and (3) of the Act are as follows:

1.	The features of each park including natural ecosystem, geographical and geological features, water supply and hydrological features, natural scenery and resources, and culture shall be reflected in the plan for the conservation and management of each park to the maxiimum extent;

2.	The plan for the conservation and management of each park shall contain the following items:

(a)	The matters concerning the survey of park resources such as animals, plants, landscape, and cultural heritages, and the conservation of natural environment;

(b)	The matters concerning the management of natural environment such as land purchase, restoration of destroyed area, and prevention of contamination;

(c)	The matters concerning sustainable use of the park such as improvement of conditions for visits including safety control for visitors and provision of conveniences for visitors, restrictions on entry, and maintenance and management of exclusion zones and park facilities;

(d)	The matters concerning cooperation with local communities including projects for aiding local residents;

(e)	The matters concerning the plan for securing the budget and financial resources as required;

(f)	Other matters that the park management agency concerned deems necessary for the conservation and management of the park.

(2)	The cases for which it is deemed necessary to revise the plan for the conservation and management of each park pursuant to the proviso to Article 17-2 (1) of the Act are as follows:

1.	When there occurs a change in conditions for the conservation of natural environment due to a natural disaster;

2.	When a revision is required in accordance with the revision to the basic park planning or the park planning;

3.	When a revision is unavoidable because of any other change in conditions for the conservation and management of the park.

(3)	The park management agency concerned shall follow the procedure under Article 17-2 (2) of the Act when it intends to revise the plan for the conservation and management of each park pursuant to Article 17-2 (3) of the Act.

[This Article Newly Inserted by Presidential Decree No. 20163, Jul. 4, 2007]

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Article 14 (Scope of Coast and Islands)

The scope of the coast and islands pursuant to the proviso to the part other than the subparagraphs of Article 18 (2) of the Act and islands under subparagraph 2 (i) of the same paragraph shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	The coast: Land area of up to 1,000 meters distance from the shore boundary of waters of the coast pursuant to subparagraph 2 of Article 2 of the Coast Management Act;

2.	An island: An area surrounded by sea on every side at full tide: Provided, That cases where it is connected to land by a breakwater or bridge is excluded.

[This Article Wholly Amended by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 14-2 (Standards for Acts in Nature Conservation Districts in Parks)

(1)	Minimum acts permissible in a nature conservation district in a park pursuant to Article 18 (2) 1 (a) of the Act are as follows: <Newly Inserted by Presidential Decree No. 22915, May 3, 2011>

1.	An act of entering or investigating for academic research by an institution or organization under the subparagraphs of Article 12-2 (1) of the Sciences Promotion and Credit Guarantee, etc. for Students Loans Act;

2.	An act necessary for the protection and management of forest gene resources in a conservation zone for forest gene resources under Article 7 (1) 5 of the Forest Protection Act;

An act of investigating or re-investigating the current status, management, transmission, and other situation of environmental conservation of State-designated cultural heritage, City/Do-designated cultural heritage, and materials for cultural heritage under Articles 44, 45 and 74 (2) of the Cultural Heritage Protection Act;

4.	An act requested by the head of the relevant administrative agency after recognizing that academic research, nature conservation or the conservation and management of cultural heritage is not possible in any other area than this area under related Acts and subordinate statutes.

(2)	Minimum park facilities and park projects permissible in a nature conservation district in a park under Article 18 (2) 1 (b) of the Act are as prescribed in attached Table 1-2. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

(3)

Facilities which are permitted to be built in a nature conservation district in a park pursuant to Article 18 (2) 1 (c) of the Act shall be the minimum facilities requested by the head of the relevant administrative agency, which are deemed not to be able to be built in any other area than this area, such as military installations, telecommunications facilities, navigation aid facilities, riverhead protection facilities, forest fire prevention facilities. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

(4)

"Temples which have gone through historic research formalities prescribed by Presidential Decree" in Article 18 (2) 1 (d) of the Act means temples designated as State-designated cultural heritage, City/Do-designated cultural heritage or materials for cultural heritage pursuant to the subparagraphs of Article 2 (2) of the Cultural Heritage Protection Act. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

(5)

"Facilities which have gone through historic research formalities prescribed by Presidential Decree" in Article 18 (2) 1 (e) of the Act means facilities designated as State-designated cultural heritage, City/Do-designated cultural heritage or materials for cultural heritage pursuant to the subparagraphs of Article 2 (2) of the Cultural Heritage Protection Act. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

(6)	"Scale prescribed by Presidential Decree" in Article 18 (2) 1 (e) of the Act means the gross area of 60 square meters. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

(7)	"Areas subject to gathering of forest products and the permissible standards prescribed by Presidential Decree" in Article 18 (2) 1 (g) of the Act shall be as attached Table 1-3. <Amended by Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

[This Article Wholly Amended by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 14-3 (Standards for Acts in Natural Environment Districts in Parks)

(1)

Construction of park facilities and park projects permissible in a natural environment district in a park pursuant to Article 18 (2) 2 (b) of the Act means construction of park facilities pursuant to Article 2: Provided, That lodging facilities under subparagraph 7 of Article 2 may be constructed on the coast or an island pursuant to Article 14 only in cases where they are assessed as appropriate in terms of their locations, scale, etc. which shall be publicly notified by the Minister of Environment in consultation with the Mayor/Do Governor. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(2)	Developing farmland or grassland and construction of its incidental facilities permissible in a natural environment district in a park pursuant to Article 18 (2) 2 (c) of the Act shall be made as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	Cases where farmland pursuant to the main sentence of subparagraph 1 (a) of Article 2 of the Farmland Act is developed;

2.	Cases where uncultivated land pursuant to subparagraph 3 of Article 2 of the Grassland Act is changed to grassland pursuant to subparagraph 1 of Article 2 of the same Act;

3.	Cases where a warehouse which is an incidental facility is built within the limits of the gross area of 100 square meters in farmland pursuant to the main sentence of subparagraph 1 (a) of Article 2 of the Farmland Act or in grassland pursuant to subparagraph 1 of Article 2 of the Grassland Act.

(3)	Facilities which are permitted to be built in a natural environment district in a park in accordance with the need in terms of the national economy pursuant to Article 18 (2) 2 (d) shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

Facilities for farming fishery on land, facilities for seeds producing fishery on land or facilities for seeds and saplings producing agro-forestry not more than the gross area of 1,300 square meters including incidental facilities and not higher than two stories: Provided, That in the case of facilities for farming fishery on land or facilities for seeds producing fishery on land, a control building not more than 30 square meters may be additionally built;

2.	Marine farming fishery facilities or marine seeds producing fishery facilities within the limits of the scale prescribed in attached Table 1-4: Provided, That new construction of embanking type farming fishery facilities shall be excluded;

3.	Stock farm products (including sericulture and apiculture products; hereinafter the same shall apply) producing facilities not more than the gross area of 250 square meters and not higher than two stories and incidental facilities thereof not more than the gross area of 100 square meters;

Storage facilities of agricultural products, forest products, fishery products or stock farm products not more than the gross area of 600 square meters including incidental facilities and not higher than two stories, processing facilities for drying, packing or such or sales facilities: Provided, That the storage facilities on the coast or an island under Article 14 may not exceed 1,300 square meters in size, and where existing oyster processing facilities (excluding facilities for shelling oysters only; hereinafter the same shall apply) built with permission pursuant to Article 23 of the Act before May 31, 2006 are newly constructed, extended or remodeled by uniting with oyster storage facilities (including existing oyster storage facilities and oyster storage facilities to be constructed in the future) for a series of processes, such as storage, drying, freezing, packing, or such for the purpose of export, the gross area of the united facilities may not exceed 1,500 square meters (where there are existing facilities which are not sold or united, the gross area shall be 1,500 square meters by adding the gross area of existing facilities which are not sold or united to that of the united facilities) in the site where the building site of existing oyster processing facilities is included.

(4)

The extent of extension, remodelling and reconstruction of any existing building before a natural environment district in a park is designated as a park, construction of its incidental facilities, and removal and reconstruction thereof permissible due to a natural disaster or park project pursuant to Article 18 (2) 2 (f) of the Act shall be as follows: Provided, That any building determined to be rearranged or removed pursuant to a park planning shall not be extended and its incidental facilities shall not be constructed: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	Remodeling and reconstruction within the extent of the gross area of an existing building and extension pursuant to the standards referred to in the following items:

(a)	The gross area of stories above ground shall be not more than 200 square meters including that of existing stories above ground and not higher than two stories including existing stories;

(b)	The gross area of stories below ground shall be not more than 100 square meters including that of existing stories below ground.

2.	Construction of incidental facilities the gross area of which is not more than 30 square meters as incidental facilities of residental buildings;

3.	Removing and reconstruction of an existing building within the extent of the gross area (where the gross area of an existing building is less than 200 square meters, it shall be 200 square meters) due to a natural disaster or implementation of a park project

(5)

Minimum acts or construction of facilities necessary for the purpose of national defense or public interest pursuant to Article 18 (2) 2 (h) of the Act shall be acts or construction of facilities falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	Acts or construction of facilities necessary for national defense:

(a)	Military drills conducted within the extent not destroying natural environment;

(b)	Construction of facilities requested by the Minister of National Defense as facilities temporarily necessary for military drills.

2.	Acts or construction of facilities necessary for public interest:

(a)	Construction of infrastructure for residents of a park area, such as water supplies, sewers, irrigation canals, drain ditches, village access roads, farming roads, banks or such;

(b)	Construction of a public toilet the gross area of which is not more than 100 square meters;

(c)	Construction of facilities for the protection of wild animals and plants, protection and restoration of ecosystems;

(d)	Acts or construction of facilities which cannot be performed in any other place than the relevant natural environment district in a park, as other acts or construction of facilities essential for public interest.

[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 14-4 (Standards for Acts in Natural Village Districts in Parks)

(1)	Scale of a residential building permissible in a natural village district in a park pursuant to Article 18 (2) 3 (b) of the Act shall be as follows: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

A detached house (including a private house with multiple independent spaces for dwellers and multiple dwelling houses in one building) the gross area of which is not more than 200 square meters, the building-to-land ratio of which is not more than 60% and the height of which is not higher than two stories;

2.	Multiple household houses in one building (only applicable to cases of remodeling or reconstruction of a building) the gross area of which is not more than 330 square meters, the building-to-land ratio of which is not more than 60% and the height of which is not higher than three stories.

(2)

Facilities permissible in a natural village district in a park pursuant to Article 18 (2) 3 (c) of the Act shall be the following facilities, and the gross area of such facilities under subparagraphs 1 through 6 shall not exceed 300 square meters; the building-to-land ratio shall not exceed 60%; and the height shall not exceed three stories: <Amended by Presidential Decree No. 21629, Jul. 16, 2009; Presidential Decree No. 21887, Dec. 15, 2009; Presidential Decree No. 22420, Oct. 1, 2010>

Facilities excluding a gun store, pub with karaoke service, massage parlor of Class 1 neighborhood facilities referred to in subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act and of Class 2 neighborhood facilities referred to in subparagraph 4 of the same attached Table;

2.	An elementary school referred to in subparagraph 10 (a) of attached Table 1 of the Enforcement Decree of the Building Act;

3.	A liquified petroleum gas store referred to in subparagraph 19 (d) of attached Table 1 of the Enforcement Decree of the Building Act;

4.	Facilities for homestay business of agricultural and fishing villages pursuant to subparagraph 16 (d) of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;

5.	A private graveyard, family graveyard and charnel house built for funeral of residents in an island pursuant to subparagraph 2 of Article 14;

6.	A crematorium, excretions disposal facilities and waste disposal facilities built in an island pursuant to subparagraph 2 of Article 14;

7.	Facilities for solar energy or wind power under subparagraph 1 (a) or (c) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy.

[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 14-5 (Standards for Acts in Densely Populated Village Districts in Parks)

Acts seriously impeding the conservation and management of a densely populated village district in a park pursuant to Article 18 (2) 4 of the Act shall be as follows: <Amended by Presidential Decree No. 21629, Jul. 16, 2009; Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 22420, Oct. 1, 2010>

Construction of facilities the building-to-land ratio of which exceeds 60% and the height of which exceeds three stories (in the case of the coast and an island referred to in Article 14, referring to facilities the building-to-land ratio of which exceeds 60% and the height of which exceeds four stories), as facilities which are not park facilities;

2.	Construction of a crematorium, excretions disposal facilities and waste disposal facilities in the area other than an island pursuant to subparagraph 2 of Article 14;

Construction of a massage parlor of Class 2 neighborhood facilities referred to in subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act and of a saloon with entertainment service, slot machine store, casino, dance hall and dancing institute of the amusement facilities referred to in subparagraph 16 of the same Table;

Construction of a factory of dangerous articles, storage of dangerous articles, storage facilities of poisonous articles, high-pressure gas filling and storage facilities of the dangerous articles storage and disposal facilities referred to in subparagraph 19 of attached Table 1 of the Enforcement Decree of the Building Act;

5.	Construction of a junkyard of automobile related facilities referred to in subparagraph 20 of attached Table 1 of the Enforcement Decree of the Building Act and of a slaughterhouse, fowl slaughterhouse of the animals and plants related facilities referred to in subparagraph 21 of the same Table;

6.	Construction of a correctional institution and military installations (excluding national defense and military installations referred to in item (d) of the same subparagraph) referred to in subparagraph 23 of attached Table 1 of the Enforcement Decree of Building Act;

7.	Construction of facilities for tourist lodging business pursuant to Article 3 (1) 2 of the Tourism Promotion Act;

8.	Construction of factory facilities falling under the following subparagraphs:

(a)	Facilities emitting specific hazardous matter to air pursuant to subparagraph 9 of Article 2 of the Clean Air Conservation Act;

(b)	Facilities, as air pollutant emitting facilities pursuant to subparagraph 11 of Article 2 of the Clean Air Conservation Act, falling under any of Class 1 place of business through Class 4 place of business pursuant to attached Table 1 of the Enforcement Decree of the same Act;

(c)	Facilities discharging noise and vibration not less than double the standards of permissible discharging pursuant to Article 7 of the Noise and Vibration Control Act;

(d)	Facilities discharging specific hazardous matter to water quality pursuant to subparagraph 8 of Article 2 of the Water Quality and Ecosystem Conservation Act;

(e)	Facilities, as waste water discharging facilities pursuant to subparagraph 10 of Article 2 of the Water Quality and Ecosystem Conservation Act, falling under any of Class 1 place of business through Class 4 place of business pursuant to attached Table 13 of the Enforcement Decree of the same Act;

(f)	Facilities discharging designated waste matter pursuant to subparagraph 4 of Article 2 of the Wastes Control Act.

[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 14-6 (Standards for Acts in Collective Facilities Districts in Parks)

Remodeling and reconstruction of an existing building in a collective facilities district in a park pursuant to Article 18 (2) 5 (b) of the Act before designated as collective facilities district in a park shall be permitted within the extent of the gross area of the existing building. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 14-7 (Standards for Acts According to Alteration of Specific Use Districts)

"Extension, remodelling and reconstruction of a building below the scale prescribed by Presidential Decree" in Article 18 (5) of the Act means extension, remodelling and reconstruction of a building on the scale that can be performed in a natural village district in a park pursuant to Article 14-4 (1) and (2). <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

[This Article Newly Inserted by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 15 (Subdivision of Collective Facility Districts in Parks)

(1)	When it is intended to subdivide any collective facility district in a park in accordance with Article 18 (3) of the Act, the subdivision thereof shall be made according to the following standards: <Amended by Presidential Decree No. 19370, Mar. 3, 2006; Presidential Decree No. 22420, Oct. 1, 2010>

1.	Public establishment area: Area necessary for park establishments referred to in subparagraph 1 of Article 2 and others incidental thereto;

2.	Commercial establishment area: Area necessary for park establishments referred to in subparagraph 6 of Article 2 and others incidental thereto;

3.	Lodging establishment area: Area necessary for park establishments referred to in subparagraph 7 of Article 2 and others incidental thereto;

4.	Green belt: Area especially necessary for the conservation of scenery and ecosystems in the collective facility district in a park;

5.	Other establishment area: Area necessary for establishments other than those of subparagraphs 1 through 4;

6.	Reservation area: Area necessary to be used as a reservation area to deal with an increase in the number of visitors.

(2)

Any of the following areas may be subdivided in the manner that an area necessary for lodging establishments referred to in subparagraph 7 of Article 2 and others incidental thereto is included in a commercial establishment area under paragraph (1) 2, and an area necessary for commercial establishments referred to in subparagraph 6 of Article 2 and others incidental thereto is included in a lodging establishment area under paragraph (1) 3, respectively: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 19370, Mar, 3, 2006; Presidential Decree No. 22420, Oct. 1, 2010>

1.	Any area designated as a hot-spring resource protection district in accordance with the main sentence of Article 10-2 (4) of the Hot Spring Act;

2.	Any collective facility district in a park that is deemed especially necessary in light of geographical conditions and convenience of visitors.

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Article 16 (Redemptive Right)

(1)	"Within the period prescribed by Presidential Decree" in the former part of Article 22 (3) of the Act means within five years from the date on which the land is acquired through consultations, or expropriated. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(2)	The redemptive right referred to in Article 22 (3) of the Act shall be exercised within 6 years from the date on which the relevant land is acquired through consultations or expropriated after the schedule for the relevant park project is determined and published.

(3)	The owner of land or the general successor of land may redeem his/her land after paying to the park management agency the amount equivalent to the compensation he/she has been paid for rights other than his/her ownership.

(4)

The provisions of Articles 91 (3) through (6) and 92 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis to the redemption right except what is prescribed in paragraphs (1) through (3). <Amended by Presidential Decree No. 17854, Dec. 30, 2002; Presidential Decree No. 19073, Sep. 30, 2005>

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Article 17 (Application for Permission for Acts, etc.)

(1)

Any person who intends to obtain permission for an act in accordance with Article 23 (1) of the Act shall file an application for permission (including any application composed in an electronic document) accompanied by documents (including any electronic document) falling under any of the following subparagraphs with the park management authority: <Amended by Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 19507, Jun. 12, 2006>

1.	The schedule for occupation or project (limited to any matter that has gone through deliberations of the park committee in accordance with Article 23 (3) of the Act) ;

2.	Deleted; <by Presidential Decree No. 19507, Jun. 12, 2006>

3.	The location map, land register, forest map and plane figure;

4.	The written approval for land use (limited to a case where the act falls under Article 23 (1) 1 through 3 or 9 of the Act and any subparagraph of Article 20 of this Decree, and the land which is not owned by the applicant) ;

5.	Deleted. <by Presidential Decree No. 19507, Jun. 12, 2006>

(2)

The public official who has received an application for permission under paragraph (1) shall confirm each of the following documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where such application is filed with a park management agency which is not an administrative agency, he/she shall have them attached: <Newly Inserted by Presidential Decree No. 19507, Jun. 12, 2006; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22420, Oct. 1, 2010>

1.	A certified copy of land register (limited to acts falling under Article 23 (1) 1 through 3 or 9 of the Act and any subparagraph of Article 20 of this Decree) ;

2.	A certified copy of building register (limited to the cases of changing the purpose of use under Article 23 (1) 10 of the Act).

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Article 18 (Matters to be Reported)

Any of the following acts may be performed after a report thereon is filed with a park management agency in accordance with the proviso to the part other than the subparagraphs of Article 23 (1) of the Act: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 19639, Aug. 4, 2006; Presidential Decree No. 22420, Oct. 1, 2010>

An act of expanding a building in a natural village district in a park of residential, agricultural or fish-farming purposes by up to less than 200 square meters, including the existing total floor space, or an act of constructing a building whose total floor space is less than 200 square meters in a densely populated village district for residential, agricultural or fish-farming purposes: Provided, That in the event that such building is erected within 10 meters from the road boundary line, permission therefor shall be obtained;

An act of deforestation, forestation or reforestation about which the park management agency has been consulted at the time of formulating a forest management plan under Article 13 (1) of the Creation and Management of Forest Resources Act and a state forest management plan under Article 8 (1) of the State Forest Administration and Management Act;

3.	An act of planting less than 50 indigenous trees per hectare or planting grass on any area of less than 100 square meters per hectare not for the purpose of cutting down trees in a natural environment district in a park;

4.	An act of converting a commercial establishment or a lodging establishment into a house in a natural village district in a park or the densely populated village district in a park.

5.	An act of establishing a private cemetery referred to in subparagraph 1 of Article 14 of the Act on Funeral Services, etc. in a park area of an island when a person residing in the same island falling under subparagraph 2 of Article 14 dies.

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Article 19 (Matters Omitted from Report)

(1)

Any of the following acts may be omitted from filing a report thereon in accordance with the proviso to the part other than the subparagraphs of Article 23 (1) of the Act: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010; Presidential Decree No. 22915, May 3, 2011>

An act of renovation, reconstruction or relocation of a building or other installations erected for the purpose of residence, agriculture, forest or fish-farming in a natural village district in a park or a densely populated village district in a park: Provided, That in the event such act is performed within 10 meters from the road boundary line, permission therefor shall be obtained;

2.	An act of renovating a toilet with total floor space of not more than 10 square meters in a natural environment district in a park, a natural village district in a park, or a densely populated village district in a park;

3.	An act of changing the form and quality of land for the purpose of arranging farmland (referring to farmland which is actually being utilized) in a natural environment district in a park, natural village district in a park, or a densely populated village district in a park;

3-2. An act of modifying the form and quality of land in a park area by a road management agency under Article 20 of the Road Act for the clearance of the vicinities of roads;

4.	An act of planting indigenous trees or grass in a natural village district in a park or a densely populated village district in a park in the event that no forest management plan is drawn up;

An act of causing to change the surface of a river or a lake, or to increase or decrease the quantity of water therein for water intake for the purpose of agriculture, fish-farming and potable water in a natural environment district in a park, a natural village district in a park or a densely populated village district in a park: Provided, That in the event that underground water is tapped, permission therefor shall be obtained;

An act of keeping bees in a natural environment district in a park, a natural village district in a park or a densely populated village district in a park, or raising five or less heads of cattle per household (20 or less birds per household) in a natural village district in a park or a densely populated village district in a park;

An act of temporarily setting up a shed whose area is less than 10 square meters for the purpose of stockpiling agricultural and fishery products in a natural environment district in a park, a natural village district in a park or a densely populated village district in a park, or of harvesting agricultural crops;

An act of picking or gathering herbs, mushrooms, wild vegetables and marine products, etc., which is performed by residents (referring to residents who live in a park district with their resident registrations made therein, and in cases where the residents organize a consultative body, such consultative body shall be included) who live in a natural park area within the scope not damaging park resources in a natural environment district in a park, a natural village district in a park and a densely populated district in a park after entering into a voluntary agreement with the park management agency;

8-2. An act of picking and gathering forest products, which is performed by residents (referring to residents who live in a park district with their resident registrations made therein) in a nature conservation district in a park after entering into a voluntary agreement with the park management agency pursuant to the provisions of Article 18 (2) 1 (g) of the Act;

9.	An act of setting up a greenhouse for agriculture in a specific use district other than a nature conservation district in a park;

9-2. An act of reducing the size of a building for which permission by the park management agency is granted under the main sentence of the part other than the subparagraphs of Article 23 (1) of the Act or an act of expanding a residential building only once by not more than 10/100 of the total floor space without changing the number of buildings or stories meeting the standards for acts prescribed in Articles 14-3 through 14-6;

10.	Any of the following acts conducted by the Minister of the Korea Forest Service or the head of a Regional Forest Service in a conservation zone for forest gene resources under Article 7 (1) 5 of the Forest Protection Act, which shall be reported in advance to the park management agency:

(a)	An act for preventative observation or control of forest diseases and pests under subparagraphs 4 and 5 of Article 2 of the Forest Protection Act;

(b)	An act for the prevention of forest fire under subparagraph 8 of Article 2 of the Forest Protection Act;

(c)	An act permitted pursuant to Article 9 (2) 1 of the Forest Protection Act (except an act of installing telephone poles or base stations for mobile communications pursuant to Article 3 (2) 7 of the Enforcement Decree of the same Act) ;

(d)	An act for the designation and management of protected trees under Article 13 (1) of the Forest Protection Act;

(e)	An act for the recovery of areas devastated by a forest fire and the implementation of a plan for restoration of the forest under Article 43 of the Forest Protection Act.

11.	An insignificant act that is deemed by the park management agency not to damage the natural environment or incur any impediment to public access to a park other than acts under subparagraphs 1 through 3, 3-2, 4 through 8, 8-2, 9, 9-2, and 10.

(2)

The contents of a voluntary agreement provided for in the provisions of paragraph (1) 8 and 8-2 shall contain matters concerning the relevant district, the composition of the consultative body (limited to a case where the consultative body is organized), the time, objects and method of an act of picking and gathering, the picking and gathering quantity, the affixation of certificates showing permission for them to perform the picking and gathering act, restoration to the original state, and measures against failure to implement the agreement, and the procedures and ways for concluding the voluntary agreement shall be determined by the park management agency. <Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005>

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Article 20 (Damage to Natural Scenery)

"Acts prescribed by Presidential Decree" in Article 23 (1) 10 of the Act means each of the following acts: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	An act of putting up any standing signboard for publicity or advertisement;

2.	An act of setting up any stall in a valley, etc.;

3.	An act of erecting any telegraph pole or setting any barbed-wire, etc.;

4.	An act of erecting any greenhouse or any prefabricated temporary structure.

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Article 21 (Consultations with Administrative Agency concerned about Permission)

(1)

A park management agency shall, when it consults with administrative agencies concerned in accordance with the former part of Article 23 (3) of the Act, furnish each of such administrative agencies concerned with a copy of the application for permission and related materials referred to in Article 17. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(2)

In any of the following cases, a park management agency shall, when it intends to grant permission for any act pursuant to the latter part of Article 23 (3) of the Act, go through deliberation of the park committee: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 22420, Oct. 1, 2010>

Where a facility or an establishment is erected on the site area of not less than 5,000 square meters (2,000 square meters in cases of a nature conservation district in a park; and in cases of military installations, it shall be limited to a case where such military installations are installed for enlarging, creating or relocating a military unit) ;

2.	Where traffic and transportation facilities, including roads, railroads, tracks, etc., are newly installed by not less than one kilometer, or expanded or extended by not less than one kilometer;

3.	Where minerals (including seabed minerals) are mined, or earth, stones and sand are collected in the area of not less than 1,000 square meters or the collecting quantity thereof is not less than 10,000 tons;

Where an area of not less than 5,000 square meters is cleared, filled up, reclaimed by drainage, or other form and quality of land are changed (in case of military installations, limited to a case where such military installations are installed for enlarging, creating or relocating a military unit) ;

5.	Where a water-resources development project is undertaken to build a dam, an estuary barrage, a reservoir and a barrier, etc. whose area of full water is not less than 100,000 square meters or whose total water-storage capacity is not less than one million cubic meters;

6.	Deleted. <by Presidential Decree No. 22420, Oct 1, 2010>

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Article 21-2 (Facilities Subject to Principle of Precedence of Ecological Axis, etc.)

"Facilities or structures prescribed by Presidential Decree, such as roads, railroads, cableways, telecommunications facilities and energy supply facilities, etc. prescribed by Presidential Decree" in the main sentence of Article 23-2 of the Act means roads, railroads, tracks, telecommunications facilities, facilities for energy supply, dams, reservoirs, underwater barriers, estuary dykes, and any other facilities or structures that cut through any ecological axis or passage, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

[This Article Newly Inserted by Presidential Decree No. 20163, Jul. 4, 2007]

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Article 22 (Deposit of Cost for Restoring Original State, etc.)

(1)

A park management agency may, pursuant to Article 24 (2) of the Act, have any person who intends to obtain permission for occupying or using a natural park deposit the cost required for restoring the original state in cash or the payment guarantee and the guaranty insurance policy provided for in Article 37 (2) 1 and 3 of the Enforcement Decree of the Act on Contracts to Which the State is a Party. <Amended by Presidential Decree No. 19073, Sep. 30, 2005>

(2)	The cash referred to in paragraph (1) shall be deposited in a financial institution designated by the park management agency.

(3)

In the event that a person who has succeeded the status of the person who has obtained permission for the act in accordance with Article 23 (1) of the Act fails to succeed the right with respect to the deposit of cash or payment guarantee, etc., the successor shall deposit the cost required for restoring the original state in accordance with paragraph (1).

(4)

In the event that the person who has deposited the cost required for restoring the original state in accordance with paragraph (1) fails to fulfill his/her duty of restoring the original state under Article 24 (4) of the Act, the park management agency shall fulfill his/her duty by proxy in accordance with Article 31 of the Act and then appropriate the cash deposited in accordance with the provisions of paragraph (1) to covering the cost or take steps necessary to restore the original state according to kinds of the deposited payment guarantee, etc.

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Article 22-2 (Storage and Management of Materials, etc. Removed)

(1)

Every park management agency shall, whenever it removes an waste material or any other stuff abandoned inside of a natural park (hereinafter referred to as "material, etc.") pursuant to Article 24-2 (1) of the Act, post a sign showing the purport of such removal and the place where the material, etc. is stored at the place where the material, etc. was originally placed, and shall record the description of the material, the quantity, the place where it was abandoned, the date and time when it was removed, the place where it is stored, etc. by owners or care-takers of removed materials, etc.

(2)

Every park management agency shall, when it removes a material, etc. pursuant to Article 24-2 (1) of the Act, send to the owner or caretaker a notice informing that the material, etc. were removed, that the owner or care-taker shall notify the park management agency of whether the owner or care-taker has a claim on the material, etc. and that the owner or care-taker shall claim the return of the material, if he/she has a claim (hereinafter referred to as the "removal notice"), post the removal notice on its Internet homepage, and shall put a public notice thereof on the bulletin board at the park management agency for one month or longer.

(3)

The park management agency concerned shall, if no one claims the return of any removed material, etc. after the expiration of the time period prescribed for public notice in paragraph (2) or it is impossible to find the owner or care-taker, publish the removal notice through a daily newspaper circulated in the locality: Provided, That the same shall not apply where the material, etc. have no value as an asset worth publishing a public notice through a daily newspaper.

(4)

Any owner or care-taker, who wants to claim the return of a material, etc., shall file an application for return along with a document describing his/her name, address, and resident registration number and proving that he/she is the legitimate right holder. In this case, the park management agency concerned may collect from the owner or care-taker the expenses spent for removing, transporting, and storing the material, etc.

(5)

If it is impossible to find the owner care-taker or if no one claims the return of such removed material, etc. until after one month has elapsed since the public notice date pursuant to paragraph (2), such material, etc. may be disposed of to appropriate the price received therefrom for the expenses spent for removing the material, etc. and other incidental expenses.

(6)

If there is any remainder of the price received from such disposition and left over after appropriation under paragraph (5) and if there is no claim for the return of the price from the owner or care-taker within one year after the public notice date under paragraph (3), such remainder shall escheat to the national treasury if the park management agency concerned is the Minister of Environment, or to the local government to which the park management agency concerned belongs if the park management agency is the head of a local government, on the day when one year has elapsed since the public notice date: Provided, That in case of the material, etc. that fall under the proviso to paragraph (3), the remainer of the price received from disposition and left over after appropriation under paragraph (5), if any, shall escheat to the national treasury or the local government concerned.

[This Article Newly Inserted by Presidential Decree No. 20163, Jul. 4, 2007]

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Articles 23 and 24 Deleted.<by Presidential Decree No. 22420, Oct 1, 2010>

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Article 25 (Prohibited Act)

An act that is prohibited in a natural park in accordance with Article 27 (1) 10 of the Act shall be an act of unleashing exotic animals therein which may disrupt the park ecosystem.

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Article 26 (Restrictions on Business, etc.)

Any of the following business activities or acts may be restricted or prohibited by a park management agency in a park area under Article 29 (1) of the Act: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	Speculative acts and other acts similar to such speculative acts;

2.	An act of entering a park area or a park protection area carrying a saw or an ax, etc. which is feared to damage natural resources;

3.	An act of entering a park area or a park protection area carrying tools that may incur noises;

4.	An act of entering a park area or a park protection area in company with dogs or cats, etc.;

5.	An act of possessing inflammable substances or smoking in places designated by the park management agency;

6.	An act of taking a bath or washing in a valley, which is feared to damage the natural ecosystem;

7.	Other business activities or acts deemed to be a serious impediment to the preservation and management of a natural ecosystem, nature, cultural landscape, etc.

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Article 27 (Survey of Natural Resources)

(1)	The survey of the natural resources required under Article 36 of the Act shall be conducted every 10 years except special cases.

(2)	A park management agency shall record and keep findings of the survey conducted in accordance with paragraph (1) in the park ledger provided for in Article 35 (2) of the Act.

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Article 28 (Registration of Establishment)

The following shall be included in the registration of the establishment of the Service under Article 48 (2) of the Act:

1.	Objectives;

Name;

3.	Principal office and the locations of subordinate organizations;

4.	Names and domiciles of officers;

5.	Ways of publication.

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Article 29 (Establishments of Subordinate Organizations)

(1)	The Service shall, when it establishes any subordinate organization in accordance with Article 46 (2) of the Act, register its establishment according to what falls under each of the following subparagraphs:

1.	In the location of its principal office, the name and location of the newly established subordinate organization shall be registered within 3 weeks from the date on which such subordinate organization is newly established;

2.	In the location of the newly established subordinate organization, matters of each subparagraph of Article 28 shall be registered within 3 weeks from the date on which such subordinate organizations is newly established;

3.	In the location of other subordinate organization that has already been established, the name and location of the newly established subordinate organization shall be registered within 3 weeks from the date on which such subordinate organization is established.

(2)

When a new subordinate organization is established in the jurisdictional area of the registry office having jurisdiction over the principal office or the location of an existing subordinate organization, only the name and location of such newly established subordinate organization shall be registered within 3 weeks from the date on which the subordinate organization is newly established.

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Article 30 (Transfer Registration)

(1)	The Service shall, when it transfers its principal office to the jurisdictional area of other registry office, register the transfer of its principal office according to what falls under each of the following subparagraphs:

1.	In the old location, the transfer registration shall be made within 2 weeks from the date on which the principal office is transferred;

2.	In the new location, matters of each subparagraph of Article 28 shall be registered within 3 weeks from the date on which the principal office is transferred;

3.	In the location of each subordinate organization, the transfer registration shall be made within 3 weeks from the date on which the principle office is transferred.

(2)	The Service shall, when it transfers any of its subordinate organizations to the jurisdictional area of other registry office, register such transfer according to what falls under each of the following subparagraphs:

1.	In the old location and the location of the principal office, the transfer shall be registered within 2 weeks from the date on which the transfer is made;

2.	In the new location, matters of each subparagraph of Article 28 shall be registered within 3 weeks from the date on which the transfer is made;

3.	In the location of any of other subordinate organizations, the transfer shall be registered within 3 weeks from the date on which the transfer is made.

(3)	When the principal office of the Service and any of its subordinate organizations are transferred to the jurisdictional area of the same registry office, such transfer shall be registered within 3 weeks from the date on which the transfer is made.

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Article 31 (Alteration Registration)

When the matters of each subparagraph of Article 28 are altered, the Service shall register the altered matters within 2 weeks from the date on which the matters are altered in the location of its principal office or within 3 weeks from the date on which the matters are altered in the location of any of its subordinate organizations, respectively.

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Article 32 (Registration of Agent Appointments)

(1)

The Chairperson of the Service shall, when he/she selects and appoints agents in accordance with Article 55 of the Act, register matters falling under each of the following subparagraphs in the location of the principle office or any of its subordinate organizations, at which such agents are posted. The same shall apply to the case where the registered matters are altered:

1.	Names and domiciles of agents;

2.	Names and locations of the principal office or subordinate organizations for which the agents work;

3.	If the authority of agents is restricted, details of such restrictions.

(2)	The Chairperson of the Service shall, when he/she dismisses any agent, register his/her dismissal in the location of the principal office or any of its subordinate organizations which employs him/her within 2 weeks from the date on which he/she dismisses the agent.

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Article 33 (Documents to be Accompanied in Registration Application)

The application for each registration provided for in Articles 28 through 32 shall be accompanied by documents falling under each of the following subparagraphs:

1.	With respect to the registration of the establishment under Article 28, the articles of association of the Service and documents attesting the qualifications of officers;

2.	With respect to the registration of the establishment of any subordinate organization under Article 29, documents attesting the establishment of such subordinate organization;

3.	With respect to the transfer registration under Article 30, documents attesting the transfer of the principal office or the relevant subordinate organization;

4.	With respect to the alteration registration under Article 31, documents attesting altered matters;

5.	With respect to the registration on the appointment, change or dismissal of any agent under Article 32, documents attesting the appointment, change or dismissal of such agent and with respect to restrictions on the authority of any agent, documents attesting such restrictions.

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Article 34 (Reckoning of Registration Period)

When there are matters for which approval or authorization needs to be obtained from the Minister of Environment from among matters to be registered under Articles 28 through 32, the registration period therefor shall be reckoned from the date on which documents necessary for such approval or authorization are served.

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Article 35 (Application for Approval of Business Plan and Draft Budget, etc.)

(1)	The Service shall, when it intends to obtain the approval provided for in Article 62 of the Act, work out and submit a business plan and a draft budget for the next year to the Minister of Environment by the end of October each year.

(2)	The draft budget referred to in paragraph (1) shall contain the budget general provisions, the estimated balance sheet, the estimated profit and loss statement and the funding plan, and supplementary documents necessary to specify the details thereof shall be accompanied therein.

(3)	The Service shall, when it intends to obtain approval for altering the business plan and draft budget in accordance with the later part of Article 62 of the Act, submit documents stating grounds for such alteration and the details of such alteration to the Minister of Environment.

(4)	The provisions of paragraph (2) shall apply mutatis mutandis to the case of paragraph (3).

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Article 36 Deleted.<by Presidential Decree No. 22420, Oct. 1, 2010>

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Article 37 (Application for Approval of Borrowings)

The Service shall, when it intends to borrow funds in accordance with Article 65 of the Act, file an application stating matters falling under each of the following subparagraphs for approval with the Minister of Environment:

1.	Grounds for borrowing the funds;

2.	Financial institutions from which it is intended to borrow the funds;

3.	The amount of borrowed funds and purposes thereof;

4.	Ways and period for paying interest thereon;

5.	Ways and period for repaying borrowed funds;

6.	Other matters concerning the borrowing and repayment of the funds.

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Article 38 (Business Reserve)

The amount to be accumulated as the business reserve from among the surplus in accordance with subparagraph 2 of Article 66 of the Act shall be determined within the limit of 90/100 of the surplus remaining after making up for operating loss carried forward from earnings accruing as a result of closing accounts through a resolution of the board of directors.

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Article 39 (Reserve Fund)

The Service may earmark the reserve fund to appropriate it for unpredicable expenditures not included in the budget and for expenditures required to be made in excess of the budget.

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Article 40 (Consultations about Permission, etc.)

(1)

A relevant administrative agency shall, when it intends to consult with a park management agency in accordance with the main sentence of the part other than the subparagraphs of Article 71 (2) of the Act, deliver each of the following documents to the park management agency with a written opinion attached thereto: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	A copy of an application for permission or authorization;

2.	A prior examination of environmental nature (applicable only to a project that is subject to a prior examination of environmental nature under Article 25-2 of the Framework Act on Environmental Policy).

(2)	The relevant administrative agency shall, when it grants permission or authorization, etc. in accordance with the main sentence of Article 71 (2) of the Act, furnish without a delay the copy of such permission or authorization to the park management agency.

(3)

In the event that the park management agency is required to go through deliberation by the park committee in accordance with Article 71 (3) of the Act when it holds consultations in accordance with paragraphs (1) or (2) of the same Article, the subject to such consultations shall be cases falling under any subparagraph of Article 21 (2).

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Article 41 (Application for Adjudication)

The application for an adjudication provided for in Article 73 (4) of the Act shall be filed with the Central Land Expropriation Committee with respect to a disposition or measures taken by the Minister of Environment or the Mayor/Do Governor, and with the Local Land Expropriation Committee with respect to other matters than such disposition or measures.

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Article 41-2 (Resident Support Projects)

(1)	The resident support projects provided for in the provisions of Article 73-2 (1) of the Act shall be categorized as follows:

1.	The living environment improvement project: the project undertaken to install basic environmental facilities including sewage treatment facilities, etc.;

2.	The welfare promotion project: the project undertaken to build traffic and convenience facilities, including village access roads, bridges. children playgrounds, public toilets, etc.;

3.	Other project that is recognized by the park management agency as being necessary to improve the living environment of residents and to further their welfare.

(2)	A park management agency shall, when it intends to undertake any of the resident support projects referred to in the provisions of paragraph (1), develop a plan for the resident support project, which contains the matters falling under each of the following subparagraphs:

1.	The objectives of the project;

2.	The outline of the project;

3.	The population of the district for which the support project is undertaken;

4.	The plan to secure financial resources;

5.	The plan to undertake the project and the need thereof;

6.	Other necessary matters concerning the undertaking of the resident support project.

(3)

A park management agency shall, when it develops the plan to undertake the resident support project pursuant to the provisions of paragraph (2), hear the opinions of residents who live in the relevant park district and consult beforehand with the heads of administrative agencies concerned about required budget and the needs of the project.

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 41-3 (Support for Residents by Installing of Drinking-Water and Sewage Systems, etc.)

(1)

The subjects of subsidies provided to cover the costs under Article 73-2 (2) of the Act shall be the facilities that fall under each of the following subparagraphs and are installed when residental houses (limited to single houses) are newly built, expanded or rebuilt in accordance with Article 18 (2) 2 and 3 of the Act: <Amended by Presidential Decree No. 20289, Sep. 27, 2007; Presidential Decree No. 21013, Sep. 18, 2008>

1.	Water-supply facilities pursuant to subparagraph 24 of Article 3 of the Water Supply and Waterworks Installation Act;

2.	Drainage facilities that are installed to flow sewage into the public sewers pursuant to the provisions of Article 27 (1) of the Sewerage Act;

3.	Septic tanks pursuant to the provisions of Article 24 (2) 1 (b) of the Enforcement Decree of the Sewerage Act.

(2)

A park management agency may, within budgetary limits, deferentially subsidize costs incurred in installing facilities pursuant to paragraph (1) within the scope of 50 percent of the installation costs of such facilities according to the periods during which local residents live in the natural environment district in a park and the natural village district in a park, and the specific rates by which the costs are subsidized shall be determined by the park management agency. <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

(3)

A park management agency shall, when it intends to undertake any of the resident support projects referred to in the provisions of paragraph (1), publish matters concerning the scope of the facilities subject to the subsidy, the amount of the subsidy provided to cover the costs, ways to file an application for the subsidy, etc. in the Official Gazette or on the Internet home page of the park management agency by 60 days before the project commences.

[This Article Newly Inserted by Presidential Decree No. 19073, Sep. 30, 2005]

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Article 42 (Limit of Disposition)

(1)	"Cases prescribed by Presidential Decree as inevitable for military purposes or public interest" in Article 75 of the Act means the cases falling under any subparagraph of Article4.

(2)	Any property management authority, which intends to dispose of national or public land under Article 75 of the Act, shall consult with the park management agency thereabout.

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Article 43 (Criteria for Deciding on Land Subject to Purchase)

The criteria for deciding on any land subject to purchase under Article 77 (3) of the Act (hereinafter referred to as "land subject to purchase") shall be that any land whose usefulness has considerably decreased because of the impossibility of using it for the past purposes without any cause for which the owner of the relevant land is responsible and that the individually published land price of the relevant land at the time when an application is filed for purchasing the relevant land shall be less than 50 percent of the average individually published land price of the land that has the same land classification of Eup/Myeon/Dong as that of the relevant land in the same specific use district inside the natural park where the relevant land is located on the grounds that the relevant land subject to purchase may not be used for the purpose of its land classification prior to the designation of the natural park (in the event that the applicant for purchasing the land shows official materials attesting that he/she has legally used the relevant land differently from its land classification registered on the public land register prior to the designation of the park area, the actual purpose prior to the designation of such area shall be deemed the land classification). <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

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Article 44 (Procedures for Purchase, etc.)

(1)

Any person who intends to apply for the purchase of a land in accordance with Article 77 (1) of the Act shall submit documents prescribed by Ordinance of the Ministry of Environment, including an application for purchasing such land, which state matters falling under each of the following subparagraphs, to the park management agency:

1.	The name and address of land owner (in case of a corporation, its name and the name of its representative) ;

2.	The number and classification of the land, and the current utilization of the natural park;

3.	In the event any right is established on the relevant land in addition to the ownership thereof, the kind and contents of such right, and the name and domicile of the right holder (in case of a corporation, its name and the name of its representative) ;

4.	Grounds for applying for purchasing the land.

(2)

A park management agency shall, upon receiving an application for purchasing a land under paragraph (1), determine whether the land subject to purchase falls under the criteria provided for in Article 43 (hereinafter referred to as "purchase criteria") and notify the applicant of whether the land it intends to purchase falls under the land subject to purchase and an estimated purchase price (limited to a case where his/her application for purchasing the land falls under the purchase criteria).

(3)	The estimated purchase price referred to in paragraph (2) shall be the individually published land price at the time when the application is filed for purchasing the relevant land.

(4)

A park management agency shall, when it has served a notice with respect to the estimated purchase price referred to in paragraph (2), determine the purchase price after commissioning an appraiser to estimate a price of the land subject to purchase and then serve a notice thereof to the purchase applicant. In this case, the park management agency shall bear the cost required for appraising such land and notify the purchase applicant of the fact that it commissions the appraiser to estimate the land price one month before it makes such commissioning.

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Article 45 (Delegation or Commission of Authority)

(1)

The Minister of Environment shall, if he/she delegates or commissions part of his/her authority with respect to the protection of national parks and the maintenance and management of park facilities to the Mayor/Do Governor or the Service in accordance with Article 80 (1) of the Act, publish each of the following: <Amended by Presidential Decree No. 22420, Oct. 1, 2010>

1.	Persons to whom part of his/her authority is delegated or commissioned;

2.	Names of national parks for which part of his/her authority is delegated or commissioned;

3.	The scope of park area for which part of his/her authority is delegated or commissioned.

(2)

The authority with respect to national parks which the Minister of Environment delegates or commissions to the Mayor/Do or the Service pursuant to Article 80 (1) of the Act shall be as follows: Provided, That the authority provided for in subparagraph 13 shall be delegated only to the Mayor/Do Governor, and when the Service establishes or revises the plan for the conservation and management of each park in relation to the matters set forth in subparagraph 3-2, it shall report it to the Minister of Environment: <Amended by Presidential Decree No. 19073, Sep. 30, 2005; Presidential Decree No. 20163, Jul. 4, 2007; Presidential Decree No. 21013, Sep. 18, 2008; Presidential Decree No. 22420, Oct. 1, 2010>

1.	The protection of forests and natural resources;

2.	The maintenance and management of the facilities of national parks, and the implementation of park projects;

3.	Steps taken to ensure the safety of visitors;

3-2. Matters concerning the establishment of the plan for the conservation and management of each park under Article 17-2 of the Act;

3-3. Matters concerning the voluntary agreement provided for in the provisions of Article 18 (2) 1 (g) of the Act;

4.	Permission granted to non-park management agency for taking park projects and permission granted for managing park facilities under Article 20 of the Act;

5.	Permission granted for performing act in accordance with Article 23 of the Act (excluding any act that is subject to deliberation of the National Park Committee under paragraph (3) of the same Article) ;

5-2. Matters concerning the report provided for in the provisions of the proviso to Article 23 (1) of the Act;

6.	Matters concerning the restoration of natural parks to the original state under Article 24 of the Act;

6-2. Matters concerning the removal of materials, etc. abandoned under Article 24-2 of the Act;

6-3. Matters concerning the investigation into the people concerned, relevant documents, etc. under Article 24-3 of the Act;

6-4. Matters concerning necessary measures including the eviction under Article 24-4 of the Act;

7.	Deleted. <by Presidential Decree No. 22420, Oct 1, 2010>

8.	The crackdown on any act prohibited under Article 27 of the Act;

9.	Matters concerning the limit or prohibition of access under Article 28 of the Act;

10.	Matters concerning the limit or prohibition of business or act under Article 29 of the Act;

11.	Dispositions taken against the violation of Acts and subordinate statutes under Article 30 of the Act;

12.	Execution by proxy under Article 31 of the Act;

13.	Recommendation made for nominating judicial police officers under Article 34 of the Act;

14.	The survey of natural park resources under Article 36 of the Act;

15.	Collection of park admission fees and usage fees of park and facilities, and permission granted for collecting usage fees of park facilities under Article 37 of the Act;

16.	Collection of park occupancy fees, etc. under Article 38 of the Act;

16-2. Approval of the establishment of an association pursuant to the latter part of Article 70 (2) of the Act;

17.

Consultations held under Article 71 (1) and (2) (main sentence) of the Act (excluding any consultations with respect to any disposition taken by the head of a central administrative agency and what falls under the subject to deliberation of the National Park Committee under paragraph (3) of the same Article) ;

18.	Matters concerning the access to and use of other person's land under Article 72 of the Act;

18-2. Matters concerning the resident support projects provided for in the provisions of Article 73-2 of the Act;

19.	Purchase of land through consultations and the purchase of the land subject to the purchase application under Articles 76 through 78 of the Act;

20.	The post management of matters for or about which the Minister of Environment has granted permission or consulted in connection with the matters under subparagraph 5 or 17;

21.	Matters concerning the voluntary agreement provided for in the provisions of Article 19 (1) 8 of the Act.

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Article 46 (Imposition and Collection of Fines for Negligence)

The standards for imposition of fines for negligence under the provisions of Article 86 (1) through (3) of the Act shall be as attached Table3.

[This Article Wholly Amended by Presidential Decree No. 21013, Sep. 18, 2008]

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Article 47 (Disposition Taken for Fine for Negligence in National Parks)

(1)

In the event that the any employee of the Service or any public official belonging to the City/Do discovers any offense in a national park or a Do park, which is subject to the imposition of a fine for negligence pursuant to Article 86 of the Act, the Chairperson of the Service or the Mayor/Do Governor shall notify the head of Gun having jurisdiction over the place where such an offense occurred of the personal information of the offender along with materials such as photographs, video tapes, or pictures taken with any other visual recording medium or unmanned monitoring device and the documents describing the place where such an offense occurred, the details of the offense, etc. <Amended by Presidential Decree No. 20163, Jul. 4, 2007>

(2)	The head of Gun shall, upon receiving the notification pursuant to paragraph (1), impose and collect a fine for negligence in accordance with Article 86 of the Act. <Amended by Presidential Decree No. 21013, Sep. 18, 2008>

ADDENDA

(1)	(Enforcement Date) This Decree shall enter into force on September 29, 2001.

(2)

(Transitional Measures concerning Park Facilities) Park facilities set up and installed in natural parks, and park facilities on which the decision of a park planning or alteration thereof is published in accordance with the previous provisions at the time when this Decree enters into force shall be deemed the park facilities set up and installed in accordance with the amended provisions of Article 2.

(3)

(Transitional Measures concerning Procedures for Restoring Facilities of Temples or Religious Organizations) The facilities of temples or religious organizations, which are restored, and the facilities of temples or religious organizations, for which restoration permission is obtained on the recommendation of the Minister of Culture and Tourism or an application is filed for restoration permission, both located in natural parks, at the time when this Decree enters into force, shall be deemed the facilities of temples or religious organizations, which have gone through the verification procedures in accordance with the amended provisions of Article 14.

(4)	(Transitional Measures concerning Forest Management Plan) The amended provisions of subparagraph 2 of Article 18 shall apply starting with a forest management plan about which consultations are held for the first time after this Decree enters into force.

ADDENDA<Presidential Decree No. 17809, Dec. 18, 2002>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2003.

Articles 2 through 5 Omitted.

ADDENDA<Presidential Decree No. 17854, Dec. 30, 2002>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2003.

Articles 2 through 8 Omitted.

ADDENDUM<Presidential Decree No. 17952, Apr. 4, 2003>

This Decree shall enter into force on May 1, 2003.

ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>

This Decree shall enter into force on the date of its promulgation.

ADDENDA<Presidential Decree No. 19073, Sep. 30, 2005>

Article 1 (Enforcement Date)

This Decree shall enter into force on October 1, 2005: Provided, That the amended provisions of Article 19 (1) 8 shall enter into force on January 1, 2006.

Article 2 (Application Example concerning Deposit of Costs Needed to Restore to Original State)

The amended provisions of Article 22 (1) shall apply starting with the costs needed to restore to the original state that are first deposited after the enforcement of this Decree.

Article 3 (Application Example concerning Standards for Imposing Fine for Negligence)

The standards for imposing a fine for negligence according to the frequency of an act of violation from among the amended provisions of attached Table 3 shall apply starting with an act of violation that is first committed after the enforcement of this Decree.

Article 4 Omitted.

ADDENDUM<Presidential Decree No. 19370, Mar. 3, 2006>

This Decree shall enter into force on the date of its promulgation.

ADDENDUM<Presidential Decree No. 19507, Jun. 12, 2006>

This Decree shall enter into force on the date of its promulgation.

ADDENDA<Presidential Decree No. 19513, Jun. 12, 2006>

Article 1 (Enforcement Date)

This Decree shall enter into force on July 1, 2006.

Articles 2 through 4 Omitted.

ADDENDA<Presidential Decree No. 19639, Aug. 4, 2006>

Article 1 (Enforcement Date)

This Decree shall enter into force on August 5, 2006.

Articles 2 through 6 Omitted.

ADDENDUM<Presidential Decree No. 20008, Apr. 12, 2007>

This Decree shall enter into force on the date of its promulgation.

ADDENDA<Presidential Decree No. 20163, Jul. 4, 2007>

Article 1 (Enforcement Date)

This Decree shall enter into force on July 4, 2007.

Article 2 (Application Example concerning Facilities, etc. Subject to Application of Principles of Precedence of Ecological Axis)

The amended provisions of Article 21-2 shall be applicable to the cases where the park planning under Article 16 of the Act is publicly notified, where an application for permission for an act under Article 23 of the Act is filed, or where the consultation about the permission under Article 71 of the Act is requested on and after the enforcement date of this Decree.

Article 3 (Application Example concerning Plan for Conservation and Management of Each Park)

The park conservation plan or the park management plan fixed and implemented pursuant to the former provision of subparagraph 2 or 4 of Article 17 of the Act in force at the time when this Decree enters into force shall be deemed to be the plan for the conservation and management of each park established pursuant to the amended provisions of Article 132.

ADDENDA<Presidential Decree No. 20289, Sep. 27, 2007>

Article 1 (Enforcement Date)

This Decree shall enter into force on September 28, 2007.

Articles 2 through 6 Omitted.

ADDENDA<Presidential Decree No. 20680, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Articles 2 and 3 Omitted.

ADDENDUM<Presidential Decree No. 21013, Sep. 18, 2008>

This Decree shall enter into force on September 22, 2008.

ADDENDA<Presidential Decree No. 21185, Dec. 24, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDA<Presidential Decree No. 21629, Jul. 16, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Articles 2 through 5 Omitted.

ADDENDA<Presidential Decree No. 21807, Nov. 2, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Articles 2 and 3 Omitted.

ADDENDA<Presidential Decree No. 21887, Dec. 15, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 12 Omitted.

ADDENDA<Presidential Decree No. 22151, May 4, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force on May 5, 2010.

Articles 2 through 4 Omitted.

ADDENDA<Presidential Decree No. 22224, Jun. 28, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force on July 1, 2010.

Articles 2 through 5 Omitted.

ADDENDA<Presidential Decree No. 22420, Oct. 1, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Article 2 Omitted.

ADDENDUM<Presidential Decree No. 22915, May 3, 2011>

This Decree shall enter into force on the date of its promulgation.