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Natural Parks Act


Published: 2010-05-31

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to preserve the natural ecosystem, nature and cultural scenery, etc. and to promote the sustainable utilization thereof by prescribing matters concerning the designation, conservation and management of natural parks.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "natural parks" means national parks, Do parks and Gun parks;
2. The term "national parks" means parks, as regions worthy of representing the natural ecosystem, nature and cultural scenery (hereinafter referred to as "scenery") of the Republic of Korea, designated pursuant to Articles 4 and 4-2;
3. The term "Do parks" means parks, as regions worthy of representing the natural ecosystem or the scenery of the Special Metropolitan City, a Metropolitan City, Do and the Special Self-Governing Province (hereinafter referred to as the "City/Do"), designated pursuant to Articles 4 and 4-3;
4. The terms "Gun parks" means parks, as regions worthy of representing the natural ecosystem or the scenery of a Si/Gun and an autonomous Gu (hereinafter referred to as "Gun"), designated pursuant to Articles 4 and 4-4;
5. The term "park areas" means areas designated as natural parks;
6. The term "basic park planning" means the master plan presenting a long-term development direction toward the conservation, utilization and management of natural parks, which provides guidance for park planning and planning for the conservation and management of each park;
7. The term "park planning" means a plan on the decision of special purpose districts, construction of park facilities, demolition or removal of buildings, restrictions on other acts and utilization of land, etc. in order to preserve, manage and appropriately utilize natural parks;
8. The term "planning for the conservation and management of each park" means a plan for the conservation and management of each park, in addition to park planning, covering the protection of animals and plants, restoration of destroyed area, the safe control for visitors, the prevention of environmental contamination, etc.;
9. The term "park projects" means projects carried out according to park planning and planning for the conservation and management of each park;
10. The term "park facilities" means facilities prescribed by Presidential Decree as those (including access roads or parking facilities constructed outside the natural parks according to park planning) constructed in the natural parks according to park planning and planning for the conservation and management of each park in order to preserve, manage and utilize the natural parks.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 3 (Obligations to Protect Natural Parks, etc.)   print
(1) Persons referred to in the following subparagraphs shall make every effort to protect natural parks and to maintain and restore the order of nature:
1. The State;
2. Local governments;
3. A person who conducts park project or manages park facilities;
4. A person who occupies or uses a natural park;
5. A person who enters a natural park;
6. A person who resides in a natural park.
(2) The State or a local government shall designate a region with an excellent natural ecosystem or superb scenic beauty as natural park, and preserve and manage it so that it may be utilized continuously.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER II DESIGNATION OF NATURAL PARKS AND PARK COMMITTEE
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 Article 4 (Designation of Natural Parks, etc.)   print
(1) The national parks shall be designated and managed by the Minister of Environment, the Do parks by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor"), the Gun parks by the head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Gun"), respectively.
(2) Where the Minister of Environment, the Mayor/Do Governor, or the head of a Gun who designates and manages natural parks under paragraph (1) (hereinafter referred to as "park management agency") intends to designate a natural park, he/she shall investigate into matters necessary for the designation, such as the present status and characteristics of natural ecosystem, biological resources and scenery, topography, conditions of land utilization, etc. in a region subject to the designation.
(3) The park management agency may, in order to make a scientific and specialized investigation, request a related specialized agency to make the investigation pursuant to paragraph (2).
(4) The park management agency may request the head of a relevant administrative agency or the relevant local government to cooperate in presenting materials necessary for designating a natural park, etc. In such cases, the head of a relevant administrative agency or the relevant local government shall cooperate, in proactive manner, in doing so unless any special reason exists to the contrary.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 4-2 (Procedures for Designation of National Parks)   print
(1) The Minister of Environment shall, when he/she intends to designate a national park, go through formalities referred to in the following subparagraphs in due order with documents necessary for the designation of a national park prepared based on the results of investigation, etc. pursuant to Article 4 (2). The same shall also apply to cases where he/she alters significant matters prescribed by Presidential Decree, such as the cancellation of a national park or alteration of a district, etc.:
1. Holding meetings for explanation to inhabitants and public hearings;
2. Hearing opinions of the competent the Mayor/Do Governor or the competent head of a Gun;
3. Consultation with the head of a relevant central administrative agency;
4. Deliberation of the National Park Committee pursuant to Article 9.
(2) The Mayor/Do Governor or the head of a Gun who is requested to offer opinions or the head of a relevant central administrative agency requested to hold consultation pursuant to paragraph (1), shall offer his/her opinion to the Minister of Environment within 30 days from the date he/she received such a request unless any special exists reason to the contrary.
(3) Necessary documents for the designation of a national park under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 4-3 (Procedures for Designation of Do Parks)   print
(1) The Mayor/Do Governor shall, when he/she intends to designate a Do park, go through formalities referred to in the following subparagraphs in due order with documents necessary for the designation of a Do park prepared based on the results of investigation, etc. pursuant to Article 4 (2). The same shall also apply to cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a Do park district, etc.:
1. Hearing opinions of the relevant local residents and the competent head of a Gun;
2. Consultation with the head of a relevant central administrative agency;
3. Deliberation of the Do Park Committee pursuant to Article 9.
(2) Where the Mayor/Do Governor intends to cancel a Do park designated or reduce it below the scale prescribed by Presidential Decree, he/she shall obtain approval of the Minister of Environment after going through formalities referred to in paragraph (1).
(3) The head of a Gun who is requested to offer an opinion and the head of a relevant central administrative agency who is requested to hold consultation pursuant to paragraph (1), shall offer his/her opinion to the Mayor/Do Governor within 30 days from the date he/she received such a request unless any special reason exists to the contrary.
(4) Documents required for the designation of a Do park pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 4-4 (Procedures for Designation of Gun Parks)   print
(1) The head of a Gun shall, when he/she intends to designate a Gun park, go through formalities referred to in the following subparagraphs in due order with documents necessary for the designation of a Gun park prepared based on the results of investigation, etc. pursuant to Article 4 (2). The same shall also apply to cases where he/she alters significant matters prescribed by Presidential Decree, such as alteration of a Gun park district, etc.:
1. Hearing opinions of the relevant local residents;
2. Consultation with the head of a relevant central administrative agency;
3. Deliberation of the Gun Park Committee pursuant to Article 9.
(2) Where the head of a Gun intends to cancel a Gun park designated or reduce it below the scale prescribed by Presidential Decree, he/she shall obtain approval of the Mayor/Do Governor concerned after going through formalities referred to in paragraph (1).
(3) The head of a relevant administrative agency who is asked to hold consultation under paragraph (1), shall offer his/her opinion to the head of a Gun within 30 days from the date he/she received such a request unless any special reason exists to the contrary.
(4) Documents required for the designation of a Gun park pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 5 (Designation and Management of Natural Parks Extending Two or More Administrative Areas)   print
(1) Where a region intended to be designated as a Do park or a Gun park under Articles 4 and 4-3 or 4-4 extends over administrative areas of not less than two Cities/Dos or Guns, the relevant Mayors/Do Governors or the relevant heads of Guns shall consult about the designation of a natural park, the park management agency and methods of management with one another.
(2) Where the relevant Mayors/Do Governors or the relevant heads of Guns fail to reach agreement pursuant to paragraph (1), with respect to a Do park, the relevant Mayors/Do Governors may file an application for decision with the Minister of Environment, and with respect to a Gun park, the relevant heads of Guns may file an application for decision with the Mayor/Do Governor.
(3) When the Minister of Environment or the Mayor/Do Governor makes a decision on the application pursuant to paragraph (2), agreement pursuant to paragraph (1) shall be deemed to have been reached.
(4) When agreement has been reached pursuant to paragraph (1) or a decision has been made pursuant to paragraph (3), the park management agency shall publicly announce the contents thereof.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 6 (Announcement of Designation of Natural Parks)   print
The park management agency shall, when having designated a natural park, announce the name, kind, district, area, the date of designation and the park management agency of the natural park and other necessary matters, under conditions prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 7 (Standards for Designating Natural Parks)   print
Standards for designating natural parks shall be prescribed by Presidential Decree in consideration of the natural ecosystem and scenery, etc.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 8 (Cancellation of or Change in District of Natural Parks)   print
(1) No natural park shall be cancelled, nor its district shall be reduced except for cases falling under any of the following subparagraphs:
1. Cases prescribed by Presidential Decree, as cases inevitable for military purposes or public interest;
2. Cases where it can no longer be used as a natural park due to a natural disaster or other reasons;
3. Cases where it is deemed unnecessary to be maintained as a natural park because it is considerably out of the standards for designating a natural park pursuant to Article 7, as a result of examination of the feasibility for a park district pursuant to Article 15 (2).
(2) Where there is an area surrounding a natural park meeting the standards for designating natural parks under Article 7, the park management agency may incorporate such area in the natural park.
(3) Articles 5 and 6 shall apply mutatis mutandis to the procedures for cancellation of a natural park, reduction of its district and incorporation therein pursuant to paragraphs (1) and (2).
(4) Where an area designated as a Do park is designated as a national park or an area designated as a Gun park is designated as a Do park or a national park, such Do park, etc. Gun park shall be deemed to have been cancelled.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 9 (Establishment and Organization of Park Committee, etc.)   print
(1) The National Park Committee shall be established in the Ministry of Environment, a Do Park Committee in a City/Do, and a Gun Park Committee in a Gun to deliberate on matters pursuant to Article 10.
(2) Organization, operation and other necessary matters of each park committee pursuant to paragraph (1) shall be prescribed by Presidential Decree in cases of the National Park Committee, and by Municipal Ordinance of the respective local government in accordance with the standards prescribed by Presidential Decree in cases of a Do Park Committee and a Gun Park Committee.
(3) The park management agency may appoint any person who donates land above the standards prescribed by Presidential Decree for the purpose of getting such land designated as natural park or his/her general successor as a member of the relevant park committee.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 10 (Matters to be Deliberated on by Park Committee)   print
Each park committee shall deliberate on matters referred to in the following subparagraphs:
1. Matters concerning the designation and cancellation of a natural park and the alteration of its district;
2. Matters concerning the formulation of the basic park planning (only applicable to the National Park Committee);
3. Matters concerning decision and alteration of park planning;
4. Matters concerning projects having a serious impact on the environment of a natural park;
5. Other major matters concerning the management of a natural park.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 10-2 (Expert Advisers)   print
The National Park Committee may have expert advisers for investigation into and research in important matters concerning projects subject to deliberation of the said Committee and for professional advice and suggestion, under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER III BASIC PARK PLANNING AND PARK PLANNING
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 Article 11 (Formulation, etc. of Basic Park Planning)   print
(1) The Minister of Environment shall formulate a basic park planning every ten years after undergoing deliberation of the National Park Committee.
(2) The contents of and procedures for basic park planning and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 12 (Determination of Park Planning for National Parks)   print
(1) The Minister of Environment shall determine park planning for national parks.
(2) The Minister of Environment shall, when he/she intends to determine park planning under paragraph (1), go through formalities referred to in the following subparagraphs in due order:
1. Hearing opinions of the competent Mayor/Do Governor;
2. Consultation with the head of a relevant central administrative agency;
3. Deliberation of the National Park Committee.
(3) The Minister of Environment may have the head of a relevant central administrative agency and the competent Mayor/Do Governor submit a written request for park planning prior to hearing opinions or holding consultation under paragraph (2).
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 13 (Determination of Park Planning for Do Parks)   print
(1) The Mayor/Do Governor shall determine park planning for Do parks.
(2) The Mayor/Do Governor shall, when he/she intends to determine park planning for Do parks under paragraph (1), go through formalities referred to in the following subparagraphs in due order:
1. Hearing opinions of the competent head of a Gun;
2. Consultation with the head of a relevant administrative agency;
3. Deliberation of a Do Park Committee.
(3) With respect to any Do park which extends over the administrative districts of not less than two Cities/Dos, the relevant Mayors/Do Governors shall jointly formulate park planning in consultation with one another or designate any person who will formulate such park planning.
(4) Where the relevant Mayors/Do Governors fail to reach agreement pursuant to paragraph (3), the Minister of Environment shall designate and announce any person who will formulate park planning.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 14 (Determination of Park Planning for Gun Parks)   print
(1) The head of a Gun shall determine park planning for Gun parks.
(2) The head of a Gun shall, when he/she intends to determine park planning under paragraph (1), consult with the head of a relevant administrative agency and undergo deliberation by the Gun Park Committee.
(3) With respect to any Gun park that extends over the administrative districts of not less than two Guns, the relevant heads of Guns shall jointly formulate park planning in consultation with one another or designate any person who will formulate park planning.
(4) Where the relevant heads of Guns fail to reach agreement pursuant to paragraph (1), the Mayor/Do Governor shall designate and announce any person who will formulate park planning.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 15 (Alteration of Park Planning, etc.)   print
(1) The provisions of Articles 12 through 14 shall apply mutatis mutandis to alteration of park planning: Provided, That where minor matters prescribed by Presidential Decree are altered, the procedures provided for in Articles 12 (2), 13 (2) or 14 (2) may be omitted.
(2) The park management agency shall collect opinions of local residents, experts and other interested persons, examine whether park planning is appropriate (including whether a park district is feasible) and then reflect the outcomes thereof in changing park planning.
(3) Standards for examining the feasibility of park planning shall be prescribed by Presidential Decree in consideration of park resources, management conditions and environmental impact, etc.
(4) Where the park management agency intends to amend its park planning, it may reflect necessary matters of a plan for conservation and management of each park.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 16 (Announcement of Park Planning)   print
The park management agency shall, when it determines or alters park planning under the provisions of Articles 12 through 15, announce such determination or alteration under conditions prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 17 (Details of Park Planning, etc.)   print
(1) Park planning shall include a plan of special purpose district for park and a plan for park facilities.
(2) The park management agency shall, where it determines park planning or alters important matters prescribed by Ordinance of the Ministry of Environment of park planning, evaluate in advance the impact of such plan on the natural environment and reflect the outcomes thereof in park planning under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 17-2 (Formulation of Plan for Conservation and Management of Each Park, etc.)   print
(1) The park management agency shall formulate a plan for the conservation and management of each park every ten years in confirmity with park planning decided pursuant to the provisions of Articles 12 through 14: Provided, That the park management agency may revise the plan every five years, where it is deemed necessary to revise the plan due to a change in conditions for the conservation of natural environment.
(2) The park management agency shall, in order to formulate the plan for the conservation and management of each park, prepare documents including matters referred to in the following subparagraphs, and consult with the competent head of a Gun and the head of a relevant administrative agency after hearing opinions of local residents, relevant experts, local organizations, etc.:
1. Name and area of the natural park;
2. Type and area of special purpose districts;
3. The present status of natural environment, such as natural ecosystem, natural resources, natural scenery, etc.;
4. Conditions of utilization of land and the present status of park facilities;
5. A plan for conservation and management of park environment, including park resources;
6. A plan for conservation and management of each special purpose district;
7. A plan for sustainable utilization of natural parks;
8. A plan for cooperation with local communities;
9. Other matters deemed necessary by the park management agency for conservation and management of the park.
(3) Necessary matters regarding a plan for conservation and management of each park, such as the standards for the formulation of plan for conservation and management of each park, modification thereof, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 18 (Special Purpose Districts)   print
(1) The park management agency shall determine special purpose districts referred to in the following subparagraphs in park planning in order to preserve and utilize natural parks effectively:
1. Nature conservation district in a park: An area specially required to be protected, falling under any of the following items:
(a) The place where biodiversity is especially abundant;
(b) The place where natural ecosystem maintains aboriginality;
(c) The place where wild animals and plants highly worthy of special protection live;
(d) The place where the scenery is especially beautiful;
2. Natural environment district in a park: An area which needs to be preserved as buffer space of the nature conservation district in a park;
3. Natural village district in a park: An area where density of a village is relatively low and which is required for residents to lead a village life;
4. Densely populated village district in a park: An area where density of a village is relatively high or which performs main functions of the community life, which is required for residents to lead daily life;
5. Collective facility district in a park: An area where park facilities providing conveniences to persons entering a natural park and for preserving and managing the natural park are concentrated or which is suitable for gathering park facilities.
(2) The standards for acts permissible in special purpose districts referred to in paragraph (1) shall be as the following subparagraphs: Provided, That the standards for the acts permissible on the coast and islands prescribed by Presidential Decree may be differently prescribed by Presidential Decree within the limits of the standards for acts referred to in the following subparagraphs:
1. Nature conservation district in a park:
(a) Minimum acts deemed necessary for scientific research, conservation of nature or the conservation and management of cultural property;
(b) Construction of minimum park facilities and park projects in accordance with the standards prescribed by Presidential Decree;
(c) Construction of minimum facilities in accordance with the standards prescribed by Presidential Decree, such as military installations, telecommunications facilities, navigation aid facilities, riverhead protection facilities, forest fire prevention facilities, etc. deemed impossible to be constructed in any other area than the relevant area;
(d) Restoration of temples which have undergone historical research formalities prescribed by Presidential Decree and construction of facilities for Buddhist services and incidental facilities thereof in the precincts of a temple: Provided, That construction of business facilities, such as a teahouse, store, etc. among the incidental facilities shall be limited to land on which structures in the ground of temple are built and land attached thereto;
(e) Remodeling and reconstruction of buildings existing prior to the designation of a natural park among facilities of a religious organization permitted as a religious corporation by the Minister of Culture, Sports and Tourism, restoration of facilities which have undergone historical research formalities prescribed by Presidential Decree and construction of incidental facilities below the scale prescribed by Presidential Decree;
(f) Minimum project carried out as an erosion control project under the Work against Land Erosion or Collapse Act in order to prevent destruction of nature where nature is apprehended to be seriously destroyed if nature is left in the state of nature as it is;
(g) Gathering forest products by agreement voluntarily made between the park management agency and local residents (referring to those who reside in the park area concerned with resident registration) in accordance with subjected areas and the permissible standards prescribed by Presidential Decree among areas changed to nature conservation district in a park from natural environment district in a park;
2. Natural environment district in a park:
(a) Acts permissible in the nature conservation district in a park;
(b) Construction of park facilities which do not aggregate densely in accordance with the standards prescribed by Presidential Decree and park projects;
(c) Developing farmland or grassland and construction of incidental facilities thereon within the extent of permissible standards prescribed by Presidential Decree;
(d) Acts of the primary industry, such as farming, livestock industry, etc. and construction of facilities necessary for national economy in accordance with the standards prescribed by Presidential Decree;
(e) Construction of forest roads (limited to inevitable cases, such as putting out forest fire, etc.), afforestation, forestation, deforestation, restoration of ecosystem and an erosion control project under the Work against Land Erosion or Collapse Act;
(f) Extension, renovation and reconstruction below the scale prescribed by Presidential Decree of existing buildings prior to the designation as a natural park and construction of facilities incidental thereto and removal and reconstruction of buildings inevitable to be removed due to a natural disaster or a park project within the extent harmonizing themselves with the surrounding scenery;
(g) Construction of erosion control facilities, bank protection facilities, fire prevention facilities, stockade and protection facilities, etc., in order to protect natural parks and to keep safety of persons entering in natural parks;
(h) Minimum acts or construction of facilities necessary for national defense and public interest in accordance with the standards prescribed by Presidential Decree, such as military drills and building of farm roads and banks, etc.;
(i) Making private graveyards under the Act on Funeral Services, etc. (only applicable to cases where inhabitants of islands prescribed by Presidential Decree die);
3. Natural village district in a park:
(a) Acts permissible in the natural environment district in a park;
(b) Construction of residential buildings below the scale prescribed by Presidential Decree and construction of infrastructure for habitat;
(c) Construction of facilities prescribed by Presidential Decree as facilities necessary for its own functions of a natural village district in a park;
(d) Acts prescribed by Presidential Decree as acts necessary for its own functions of a natural village district in a park;
(e) A household industry that does not cause any environmental pollution;
4. Densely populated village district in a park:
Acts that do not seriously impede the conservation and management of any natural park. In such cases, standards for acts seriously impeding the conservation and management of any natural park shall be prescribed by Presidential Decree;
5. Collective facility district in a park:
(a) Construction of park facilities;
(b) Renovation and reconstruction, below the scale prescribed by Presidential Decree, of existing buildings before it is designated as a collective facility district in the park.
(3) The park management agency may subdivide a collective facilities district in the park with park planning.
(4) Any person who has obtained permission under Article 20 or 23 at the time when park planning regarding the designation and alteration of a special purpose district is determined and announced may continue his/her work or project, etc., in accordance with permission even if the matters permitted do not fall under acts permissible in a new special purpose district.
(5) Any buildings built in the relevant area at the time when park planning changing a natural village district in a park to a natural environment district in a park or a nature conservation district in a park is determined and announced may be expanded, renovated and reconstructed below the scale prescribed by Presidential Decree and their special purpose may be changed to facilities necessary for their own functions.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 19 (Implementation of Park Projects and Management of Park Facilities)   print
(1) The park management agency shall implement park projects and manage park facilities, except for cases where any express provision exists to the contrary.
(2) Where the park management agency intends to implement a park project, it shall determine and announce a plan for implementation of a park project in accordance with the standards prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 20 (Implementation of Park Projects and Management of Park Facilities by Person, other Park Management Agency)   print
(1) Any person than, the park management agency shall, where he/she intends to conduct park project or manage park facilities built by the park management agency, obtain permission of the park management agency.
(2) Where any person who has obtained permission pursuant to paragraph (1) intends to modify matters permitted, he/she shall obtain permission of the park management agency: Provided, That the same shall not apply to cases where he/she modifies insignificant matters prescribed by Ordinance of the Ministry of Environment.
(3) Any person who intends to obtain permission for park project pursuant to paragraphs (1) and (2) shall, where land which is not in his/her possession is in the land subject to park project, obtain the landowner's consent to use: Provided, That where he/she intends to make land substitution in a collective facilities district in the park pursuant to Article 70 (2), he/she shall obtain approval of landowners corresponding to more than 2/3 of the area of land and the total number of owners of land subject to park project, respectively.
(4) Standards for permission pursuant to paragraphs (1) and (2), and other matters necessary for permission shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 21 (Legal Fiction of Permission, etc. Granted under Other Acts)   print
A park management agency shall, where it determines or alters park planning, be deemed to have obtained authorization, permission, a license, approval or consent or to have held consultation referred to in the following subparagraphs, and where it grants permission for acts pursuant to Article 23, it shall be deemed to have obtained permission referred to in subparagraph 12: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010>
1. Authorization of installing exclusive waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
2. Permission for implementation of river conservation work under Article 30 of the River Act and permission for occupying river under Article 33 of the same Act and permission for use of river water under Article 50 of the same Act;
3. Permission for occupying and using public waters under Article 8 of the Public Waters Management and Reclamation Act, and license to reclaim public waters under Article 28 of the same Act;
4. Deleted; <by Act No. 10272, Apr. 15, 2010>
5. Permission for implementation of road construction under Article 34 of the Road Act and permission for occupying a road under Article 38 of the same Act;
6. Permission for opening a private road under Article 4 of the Private Road Act;
7. Permission for and report on the diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act and permission for and report on the temporary use of a mountainous district under Article 15-2 of the same Act;
8. Permission for or a report of deforestation of standing trees or such under Articles 19 (5), 36 (1) and (4), and 45 (1) and (2) of the Creation and Management of Forest Resources Act;
9. Permission for deforestation or such in an erosion-control area under Article 14 of the Work against Land Erosion or Collapse Act;
10. Permission for access to a restricted and protected area under Article 9 (1) 1 of the Protection of Military Bases and Installations Act;
11. Permission for the diversion of farmland and consultation thereon under Article 34 (1) of the Farmland Act;
12. Permission for development under Article 56 (1) (excluding subparagraph 4 thereof) of the National Land Planning and Utilization Act.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 22 (Expropriation of Land, etc.)   print
(1) When it is necessary to implement a park project, the park management agency may expropriate or use the ownership and other rights in the land included in the park project and articles attached thereto.
(2) When the park management agency has determined and announced a plan for implementation of a park project pursuant to Article 19 (2), the park management agency shall be deemed to have recognized the project pursuant to Article 20 (1) and to have announced the project recognition pursuant to Article 22 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, and an application for adjudication may, notwithstanding Articles 23 (1) and 28 (1) of the same Act, be filed within a designated period of project under the plan for implementation of the park project.
(3) Where the park management agency, after having expropriated land pursuant to paragraph (1), fails to implement a park project for the land within the period prescribed by Presidential Decree, the owner of the land or his/her general successor may request the park management agency to repurchase the land, under conditions prescribed by Presidential Decree. In such cases, the park management agency shall comply with such request unless any special reason exists to the contrary.
(4) The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to the expropriation or use pursuant to paragraph (1), except for cases where any special provision exists in this Act to the contrary.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER IV CONSERVATION OF NATURAL PARKS
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 Article 23 (Permission of Acts)   print
(1) Any person who intends to perform an act falling under any of the following subparagraphs, other than a park project, in the park area, shall obtain permission of the park management agency under conditions prescribed by Presidential Decree: Provided, That he/she may perform insignificant acts prescribed by Presidential Decree with a report to the park management agency under conditions prescribed by Presidential Decree, or may perform them without permission or a report:
1. New construction, extending, remodeling, reconstructing or removal and reconstruction of buildings or other structures;
2. Mining minerals and collecting earth, stones, sand or aggregate;
3. Clearing land or changing the form and quality of land (including excavating the ground and changing the form and quality of the seabed);
4. Reclaiming the surface of the water or reclaiming land by drainage;
5. Increasing or decreasing the quantity and level of water in rivers or lakes and marshes;
6. Catching wild animals (including sea animals; hereinafter the same shall apply);
7. Cutting timbers or collecting wild plants (including sea plants; hereinafter the same shall apply);
8. Putting domestic animals out to pasture;
9. Piling up or tying goods;
10. Acts prescribed by Presidential Decree, such as change of the special purpose of buildings which are feared to impair the scenery or to impede the conservation and management of a natural park, and other acts.
(2) The park management agency may grant permission pursuant to paragraph (1) only where the standards referred to in the following subparagraphs are met:
1. To meet the standards for acts permissible in the special purpose district pursuant to Article 18 (2);
2. Not to impede the implementation of any park project;
3. Not to affect the natural state that needs to be preserved;
4. Not to significantly impede the utilization of ordinary people.
(3) The park management agency shall, where it intends to grant permission under paragraph (1), consult with the heads of the relevant administrative agencies under conditions prescribed by Presidential Decree. In such cases, with respect to any act above the scale prescribed by Presidential Decree, it shall additionally undergo deliberation by the relevant park committee.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 23-2 (Principle of Precedence of Ecological Axis)   print
Facilities or structures prescribed by Presidential Decree, such as roads, railways, cableways, telecommunication facilities and energy supply facilities, shall not pass through by cutting any ecological axis and passage in a natural park: Provided, That where the head of a relevant administrative agency has submitted inevitable reasons and evidentiary materials to the park management agency for minimum facilities or structures which he/she deems inevitable to be built therein due to regional circumstances, they may pass through by cutting the ecological axis and passage.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 24 (Reinstatement)   print
(1) Any person who has occupied or used a natural park shall restore the natural park to the original state when the period of occupation or use expires or he/she ceases to occupy or use it: Provided, That the same shall not apply to cases where he/she has obtained approval of the park management agency because the reinstatement is impossible or inappropriate.
(2) The park management agency may, when it is deemed necessary to guarantee the performance of the duty of reinstatement under paragraph (1), get any person who intends to occupy or use any natural park to take necessary steps to guarantee his/her duty of reinstatement, such as deposit funds for expenses incurred in reinstatement with the park management agency in advance, under conditions prescribed by Presidential Decree: Provided, That the same shall not apply to cases where he/she has guaranteed the performance of the duty of reinstatement in accordance with other Acts and subordinate statutes.
(3) Expenses incurred in reinstatement, which the park management agency may get any person who has the duty of reinstatement to deposit under paragraph (2) (hereafter in this Article referred to as "deposit"), shall be determined and announced by the relevant park management agency.
(4) Where any person who has occupied or used a natural park has failed to perform his/her duty of reinstatement under paragraph (1), the park management agency shall take steps necessary to restore to the original state, under conditions prescribed by Presidential Decree, such as reinstatement using the funds deposited.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 24-2 (Removal of Goods Neglected)   print
(1) Where waste materials or any other goods neglected illegally occupies a natural park repeatedly or routinely, or where such waste materials or goods neglected are anticipated to cause a trouble to the conservation and management of the natural park, and thus a prompt action is required, but it is deemed difficult to achieve the intended goal of such action if the park management agency go through formalities pursuant to Article 3 (1) and (2) of the Administrative Vicarious Execution Act, the park management agency may take necessary measures, such as removal of waste materials or other goods neglected (hereafter referred to as "goods, etc." in this Article) without going through formalities.
(2) Measures pursuant to paragraph (1) shall be taken to the minimum necessary for the conservation and management of a natural park.
(3) Matters necessary for the storage and disposal of goods, etc. removed with measures under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 24-3 (Investigation into Persons Concerned, etc.)   print
(1) In cases falling under any of the following subparagraphs, the park management agency may, if necessary for the efficient conservation and management of a natural park, have its public official to have access to a place of business or any other place, as necessary, of any person who occupies or uses an area of the natural park and investigate into persons concerned and relevant documents, etc.:
1. Cases where it is necessary to perform affairs pertaining to authorization or permission under this Act, such as implementation of a park project, the management of park facilities and permission for alteration thereof under Article 20 (1) and (2), and permission for acts under Article 23 (1);
2. Cases where it is necessary to ascertain the actual status of the performance of orders, disposition, etc. pursuant to this Act, such as an order to take measures for reinstatement under Article 24 (4), the revocation of permission or the suspension or change of business under Article 30, an order to take necessary measures or vicarious execution for the removal under Article 31;
3. Cases where the park management agency deems it necessary for preventing destruction or contamination of a natural park.
(2) In cases of paragraph (1), its public official shall carry identification showing his/her authority to present it to persons concerned.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 24-4 (Eviction, etc.)   print
Where it is inevitable for the conservation and management of a natural park, such as the prevention of environmental contamination, maintenance of exploration order, conservation of the scenery, the park management agency shall formulate a counterplan for collective relocation of local residents through deliberation by the relevant park committee and then may order to take necessary measures, such as eviction of the local residents, etc.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 25 Deleted.<by Act No. 9313, Dec. 31, 2008>   print
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 Article 26 (Consultation about Changing Shape of Natural Park)   print
If a park management agency intends to grant permission (only applicable to cases where it is intended to change the shape of a natural park) pursuant to Article 23 for a region where an object falling under any of the following subparagraphs is included, it shall consult with the head of a relevant central administrative agency: <Amended by Act No. 10000, Feb. 4, 2010>
1. The precincts pursuant to subparagraph 3 of Article 2 of the Preservation of Traditional Buddhist Temples Act;
2. Cultural heritage pursuant to Article 2 (1) of the Cultural Heritage Protection Act (including articles and areas subject to protection pursuant to Article 27 of the same Act; hereinafter the same shall apply) ;
3. Seed-growing forests, excellent trees, reserved forests, forests for protection of genetic resources in mountains and forests, experiment forests and nurse trees pursuant to Article 19, 43 or 47 of the Creation and Management of Forest Resources Act;
4. State forests under the State Forest Administration and Management Act.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 27 (Prohibited Acts)   print
(1) No one shall perform an act falling under any of the following subparagraphs in a natural park:
1. Spoiling the shape of a natural park or destroying park facilities;
2. Getting trees blighted;
3. Laying explosives, laying snares or setting traps, or dusting toxic substances and agricultural chemicals to catch wild animals;
4. Carrying hunting guns or crossbows, or setting nets without obtaining permission, for catching wild animals under Article 23 (1) 6;
5. Commercial transactions outside a designated place;
6. Camping outside a designated place;
7. Parking outside a designated place;
8. Cooking outside a designated place;
9. Acts giving other persons a sense of aversion by recklessly dumping garbage or wastes, or giving out a bad smell, etc.;
10. Other acts prescribed by Presidential Decree, such as significantly impeding the utilization of a natural park by ordinary people and the conservation of a natural park.
(2) The park management agency shall, when it designates a place where an act is prohibited pursuant to paragraph (1) 5 through 8, publicly announce such place by methods of putting up an information signboard thereon.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 28 (Prohibition of Access, etc.)   print
(1) The park management agency may, in cases falling under any of the following subparagraphs, restrict or prohibit access of persons or passage of vehicles to a certain area designated in a natural park for a fixed period:
1. Cases for the protection of a natural park, such as natural ecosystem and natural scenery, etc.;
2. Cases for the restoration of nature destroyed by natural or artificial reasons;
3. Cases for the safety of persons entering a natural park;
4. Other cases where the park management agency deems it necessary for the public interest.
(2) The park management agency shall, where it intends to restrict or prohibit access of persons to or passage of vehicles through a natural park under paragraph (1), publish the contents thereof in advance on the Internet homepage and publicly announce the contents by methods of displaying information signboards thereon.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 29 (Restrictions on Business, etc.)   print
(1) The park management agency may, where it is necessary for the implementation of a park project or for the conservation, utilization, safety and management of a natural park, restrict or ban any business and other acts in a park area, under conditions prescribed by Presidential Decree.
(2) The park management agency shall, where it intends to restrict or ban any business and other acts under paragraph (1), publish the contents thereof in advance on the Internet homepage and publicly announce the contents by methods of displaying information signboards thereon.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 30 (Dispositions on Violation of Acts and Subordinate Statutes)   print
(1) The park management agency may, in cases falling under any of the following subparagraphs, revoke permission under this Act or suspend or change a project:
1. Cases where the contents of permission, a report or consultation pursuant to the following items have been violated:
(a) Implementation of a park project, management of park facilities and permission for modification pursuant to Article 20 (1) and (2);
(b) Permission for or a report of acts pursuant to Article 23 (1);
(c) Permission for collection of rent pursuant to the proviso to Article 37 (2);
(d) Consultation on permission pursuant to Article 71 (1);
2. Cases where permission has been obtained or consultation has been held pursuant to the items of subparagraph 1 by fraud or other unjust methods;
3. Cases where it is necessary due to modification of park planning;
4. Cases where it is necessary for public works pursuant to Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.
(2) The park management agency may, in cases falling under any of the following subparagraphs, request the head of a relevant central administrative agency to take measures, such as the revocation of permission, etc., suspension or change of a project, etc. In such cases, the head of the central administrative agency who has been requested to do so shall comply with the request unless any special reason exists to the contrary:
1. Cases where the contents of consultation have been violated with respect to a project on which consultation has been held pursuant to Article 71 (2);
2. Cases where consultation has been held pursuant to subparagraph 1 by fraud or other unjust methods;
3. Cases where it falls under paragraph (1) 3 or 4.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 31 (Execution by Proxy)   print
(1) In cases falling under any of the following subparagraphs, the park management agency may order the owner or occupant of the relevant building or structure, etc. to take necessary measures, such as the removal thereof:
1. Cases where permission pursuant to Article 20 (1) and (2) has not been obtained;
2. Cases where permission for acts pursuant to Article 23 (1) has not been obtained;
3. Cases where permission has been revoked pursuant to Article 30.
(2) Where any person who has received an order to take measures, such as removal, etc. pursuant to paragraph (1) fails to obey the order, when it is deemed to be detrimental to the public interest or impede the management of a natural park if such failure is left as it is, the park management agency may execute by proxy or the Mayor/Do Governor or the head of a Gun may execute by proxy according to the request of the park management agency, under conditions prescribed by the Administrative Vicarious Execution Act.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 32 (Supervisory Dispositions)   print
In cases falling under any of the following subparagraphs, with respect to a national park or a Do park, the Minister of Environment may order the relevant park management agency to revoke or alter a disposition taken by it or to take necessary steps, and with respect to a Gun park, the Mayor/Do Governor may order the same, respectively:
1. Cases where the disposition taken by the relevant park management agency is in violation of the Acts and subordinate statutes or inconsistent with park planning of the natural park;
2. Cases where complying with the disposition of the park management agency is apprehended to seriously destroy the natural park.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 33 (Hearings)   print
The park management agency shall, if it intends to revoke permission under Article 30 or 32, hold hearings thereon.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 34 (Authority of Judicial Police)   print
National and local public officials of Grades IV throughIX in their ranks who work for the park management agency and are engaged in the affairs of management of a park shall perform duties of judicial police officers according to the Act on the Persons Performing the Duties of Judicial Police Officials and the Scope of their Duties with respect to flagrant offenders of crimes prescribed by this Act and the Punishment of Minor Offenses Act, which are committed in their jurisdictional natural parks.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 35 (Park Ledgers)   print
(1) Each park management agency shall form and keep its park ledger.
(2) Matters necessary for preparation and keeping of park ledgers shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 36 (Surveys of Natural Resources)   print
The park management agency shall regularly survey natural resources in natural parks, under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER V COLLECTION OF EXPENSES
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 Article 37 (Collection of Admission Fees and Rent)   print
(1) The park management agency may collect admission fees from persons entering a natural park and rent from persons making use of park facilities built therein by the park management agency: Provided, That collection of admission fees may be exempted from persons prescribed by Ordinance of the Ministry of Environment.
(2) Any person who conducts park project or manages park facilities under Article 20 may collect rent from persons making use of such park facilities within the extent of earnings: Provided, That if he/she intends to collect rent for park facilities prescribed by Ordinance of the Ministry of Environment, he/she shall obtain permission of the park management agency.
(3) Matters necessary for the collection of admission fees pursuant to paragraph (1) and rent pursuant to paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment in case of national parks and by Municipal Ordinance of a local government to which the park management agency belongs in cases of Do parks and Gun parks.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 38 (Collection of Occupancy Fees, etc.)   print
(1) The park management agency may collect occupancy fees or rent from any person managing park facilities with permission under Article 20 and any person occupying or using a natural park with permission under Article 23 (including any person who is deemed to have obtained permission under Article 71 (2)): Provided, That the same shall not apply to cases where the right property subject to the occupancy or the use does not belong to the park management agency.
(2) Matters necessary for the standards for occupancy fees or rent and the collection thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment in case of national parks and by Municipal Ordinance of a local government to which the park management agency belongs in cases of Do parks and Gun parks.
(3) The park management agency may collect an amount of money equivalent to occupancy fees and rent as ill-gotten gains from any person who has occupied or used a natural park without obtaining permission under Article 20 or 23: Provided, That the same shall not apply to cases where the right on property subject to such occupancy or use does not belong to the park management agency.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 39 (Principle of Bearing Costs)   print
Costs involved with natural parks, except for cases where special provisions exist in this Act or other Acts, shall be borne by the State in case of national parks and by relevant local governments in cases of Do parks or Gun parks: Provided, That where the Mayor/Do Governor manages a national park under Article 80 (1) and the head of a Gun manages a Do park under Article 80 (2), the whole or part of the cost shall be borne by the local government.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 40 (Consultation and Decisions on Costs)   print
(1) With respect to costs for a Do park or a Gun park which extends over administrative districts of not less than two Cities/Dos or Guns, the relevant Mayors/Do Governors and the relevant heads of Guns may, notwithstanding Article 39, separately determine amount to be borne by them and method of bearing such amount in consultation with one another.
(2) Article 5 (2) and (3) shall apply mutatis mutandis to consultation pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 41 (Expenses Incurred in Park Project Conducted by Persons, other than Park Managing Agency)   print
Expenses incurred by a person other than the park management agency in conducting park project or managing park facilities built by the park management agency, pursuant to Article 20, shall be borne by such person who conducts park project and manages park facilities.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 42 (Reversion of Admission Fees, etc.)   print
(1) Admission fees and rent of a natural park and other proceeds accruing from a natural park shall be the revenue of the State or a local government to which belongs the park management agency having imposed and collected them: Provided, That rent collected by any person other than the park management agency under Article 37 (2) shall be the income of the person who have collect them, and admission fees and rent of natural parks which are entrusted to and managed by the Korea National Park Service under Article 44 and other proceeds accruing from natural parks shall be the revenue of Korea National Park Service.
(2) Revenues referred to in paragraph (1) shall be used only to cover expenses for managing the natural parks and managing and repairing cultural property in the natural parks.
(3) Expenses for managing and repairing cultural property under paragraph (2) shall be subsidized to those who possess cultural property in accordance with the amount of admission fees of the very year and the degree of contribution of cultural property to the revenue accruing from admission fees.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 43 (Subsidies)   print
The State may subsidize the all or part of expenses for national parks to local governments and persons who conduct park project or manage park facilities in the national parks under Article 20 within the extent of budget.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER VI KOREA NATIONAL PARK SERVICE
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 Article 44 (Establishment of Korea National Park Service)   print
The Korea National Park Service (hereinafter referred to as the "Service") shall be established in order to efficiently promote the affairs referred to in the following subparagraphs:
1. Conservation of national parks;
2. Investigation into and research on park resources;
3. Construction and management of park facilities;
4. Cleaning of natural parks;
5. Guidance and public relations on the utilization of natural parks;
6. Other park management projects prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 45 (Juristic Personality)   print
The Service shall be a juristic person.
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 Article 46 (Office, etc.)   print
(1) The seat of the principal office of the Service shall be prescribed by the articles of association.
(2) The Service may have its subordinate organizations under conditions prescribed by the articles of association.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 47 Deleted.<by Act No. 9313, Dec. 31, 2008>   print
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 Article 48 (Registration)   print
(1) The Service shall be formed by registering its establishment at the seat of its principal office.
(2) Necessary matters concerning registration of establishment, registration of transfer, registration of alterations and other registration of the Service shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 49 (Prohibition on Use of Similar Name)   print
No person who is not the Service shall use the name of the Service nor a name similar to it.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 50 (Executives)   print
(1) The Service shall have not more than ten directors including one chairperson and three standing directors and one auditor.
(2) The chairperson shall represent the Service and take overall charge of its affairs.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Articles 51 through 53 Deleted.<by Act No. 9313, Dec. 31, 2008>   print
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 Article 54 (Employment and Dismissal of Employees)   print
The employees of the Service shall be employed or dismissed by the chairperson under conditions prescribed by its articles of association.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 55 (Appointment of Agents)   print
The chairperson may appoint an agent from among the employees and have him/her perform judicial or extrajudicial acts regarding the affairs of the Service under conditions prescribed by the articles of association.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Articles 56 and 57 Deleted.<by Act No. 9313, Dec. 31, 2008>   print
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 Article 58 (Contributions)   print
The Government and other persons may make contributions to appropriate them to financial resources necessary for the establishment and operation of the Service.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 59 (Gratuitous Lending of National Property)   print
(1) The Government may, where it is necessary for the Service to perform its affairs efficiently, lend national property (including goods; hereinafter the same shall apply) to the Service or allow it to use national property without consideration.
(2) Local governments may allow the Service to use, without consideration, real estate, such as land, buildings, etc., used for the management of national parks.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 60 (Subleasing of National Property, etc.)   print
(1) The Service may lend property contributed under Article 58 or sublease property lent under Article 59 to the extent it does not impeding the management and operation of park facilities.
(2) The Service shall, where it intends to sublease the property lent under Article 59, pursuant to paragraph (1), formulate a sublease plan beforehand and obtain approval of the Minister of Environment. The same shall also apply to cases where it intends to change approved matters.
(3) No person who has been lent or subleased under paragraph (1) shall let others use the property or benefit therefrom nor shall lend the property to others.
(4) No person who has been lent or subleased under paragraph (1) shall build any building and other permanent facilities on the land lent or subleased under paragraph (1): Provided, That the same shall not apply to facilities on the premise of donation, which are deemed necessary for attaining administrative objects or for the affairs of the Service by the Minister of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 61 Deleted.<by Act No. 9313, Dec. 31, 2008>   print
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 Article 62 (Approval of Business Plans, etc.)   print
The Service shall formulate a business plan and a draft budget for each fiscal year and obtain approval of the Minister of Environment under conditions prescribed by Presidential Decree. The same shall also apply to cases where the Service intends to modify any of them.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 63 Deleted.<by Act No. 9313, Dec. 31, 2008>   print
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 Article 64 (Regulations of Service)   print
The Service shall, where it makes regulations relative to its organization, accounting, personnel affairs and remunerations, etc. obtain prior approval of the Minister of Environment. The same shall also apply to cases where it intends to modify the regulations.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 65 (Borrowing of Funds, etc.)   print
The Service may, where it is necessary for its affairs, borrow funds with prior approval of the Minister of Environment.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 66 (Management of Surplus)   print
The Service shall, where any profits accrue as a result of the settlement of account in each fiscal year, manage such profits in order referred to in the following subparagraphs:
1. Making up for losses brought forward;
2. Reserving for projects under conditions prescribed by Presidential Decree;
3. Payment in the National Treasury.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 67 (Gratuitous Use of Service's Property, etc.)   print
With respect to the property owned and managed by the Service and needed by an administrative agency or a nonprofit corporation directly related with the performance of the affairs of the Service, such as management, operation, etc. of natural parks, the Service shall allow such an administrative agency, etc. a nonprofit corporation to make gratuitous use of such property according to the determination made by the Minister of Environment in consultation with the head of a relevant central administrative agency.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 68 (Guidance and Supervision)   print
(1) The Minister of Environment shall guide and supervise the Service on matters referred to in the following subparagraphs and, if deemed necessary, have the Service report matters concerning its affairs, accounting and property or have public officials under his/her control examine books, documents, facilities and other articles of the Service:
1. Matters concerning the affairs related to the entrustment of authority pursuant to Article 80 (1);
2. Matters concerning the implementation of management guidelines pursuant to the Act on the Management of Public Institutions;
3. Formulation and execution of a business plan and compilation of the budget for each fiscal year;
4. Other matters prescribed by other Acts and subordinate statutes.
(2) The Minister of Environment may, if he/she has found illegal or unjust matters as a result of the guidance, supervision or examination under paragraph (1), order the Service to correct such illegal or unjust matters.
(3) Pubic officials who guide, supervise or examine under paragraph (1) shall carry certificates showing their authority and produce them to persons concerned.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 69 (Application Mutatis Mutandis of Other Acts)   print
The provisions on an incorporated foundation of the Civil Act shall apply mutatis mutandis to the Service, except for those provided for in this Act and the Act on the Management of Public Institutions.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER VII SUPPLEMENTARY PROVISIONS
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 Article 70 (Relation with Other Acts)   print
(1) None of following provision shall apply to natural parks: <Amended by Act No. 8976, Mar. 21, 2008>
1. Article 76 (1) of the National Land Planning and Utilization Act (limited to urban areas pursuant to Article 36 (1) 1 of the same Act);
2. The provisions on road-access districts under conditions prescribed in Article 49 of the Road Act: Provided, That the same shall be limited to cases where a park project is implemented.
(2) Where it is required to make land substitution according to park planning or it is required to make land substitution to efficiently manage a natural park, Articles 13 through 16, 28 through 34, 40 through 43, 46, 47, 51 and 66 of the Urban Development Act shall apply mutatis mutandis to such land substitutions. In such cases, if it is intended to establish an association, it shall obtain approval of the park management agency which grants permission for the implementation of a park project pursuant to Article 20 (1) and (2).
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 71 (Consultation about Permission)   print
(1) With respect to a project implemented by the State, a local government or a public institution, as matters which require permission of the park management agency under this Act, the head of a relevant central administrative agency, the head of a relevant local government or the head of a relevant public institution shall consult with the park management agency and, where agreement has been reached, it shall be deemed to have obtained permission under this Act.
(2) The head of an administrative agency, who intends to grant permission or authorization or such in a natural park in accordance with the Acts and subordinate statutes referred to in the following subparagraphs, shall consult with the relevant park management agency under conditions prescribed by Presidential Decree, and any permission or authorization granted by the head of a relevant administrative agency as a result of agreement reached by the consultation shall be deemed to have obtained permission of the park management agency for matters which require permission of the park management agency under this Act: Provided, That extension, renovation, reconstruction, removal and reconstruction, and painting the exterior of the designated cultural property and their protective materials referred to in Article 2 (2) of the Cultural Heritage Protection Act do not require consultation with the park management agency, and permission obtained from the head of a relevant administrative agency shall be deemed to have obtained permission from the park management agency under this Act: <Amended by Act No. 10001, Feb. 4, 2010; Act No. 10272, Apr. 15, 2010>
1. Building Act;
2. Public Waters Management and Reclamation Act;
3. Deleted. <by Act No. 10272, Apr. 15, 2010>
4. Tourism Promotion Act;
5. Mining Industry Act;
6. Protection of Military Bases and Installations Act;
7. Farmland Act;
8. Road Act;
9. Cultural Heritage Protection Act, and Act on the Protection and Investigation of Buried Cultural Heritage;
10. Private Road Act;
11. Work against Land Erosion or Collapse Act;
12. Creation and Management of Forest Resources Act;
13. Food Sanitation Act;
14. Grassland Act;
15. River Act;
16. Other Acts and subordinate statues.
(3) Where objects of consultation under paragraph (1) or (2) fall under acts above the scale prescribed by Presidential Decree, the park management agency shall undergo deliberation by the relevant park committee.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 72 (Access to and Use of Land, etc.)   print
(1) The park management agency or any person who has been ordered or entrusted by or has obtained permission of the park management agency may, if it is necessary to make an investigation into and a survey of a natural park or to implement a park project, have access to land of others or temporarily use another person's land and remove or alter trees or other obstacles, if inevitable.
(2) Any person who intends to have access to another person's under paragraph (1) shall notify the occupant of the land of his/her intention and any person who intends to temporarily use another person's land, or remove or alter obstacles thereon shall notify in advance the owner or the occupant of the land of his/her intention.
(3) No one shall have access to another person's land surrounded by housing sites, walls or fences before sunrise or after sunset without consent of the occupant of the relevant land.
(4) The owner, occupant or manager of land shall not reject, obstruct or dodge access or use, etc. under paragraph (1) without any justifiable grounds.
(5) Any person who intends to have access to another person's land or temporarily use the land under paragraph (1) shall carry a certificate showing his/her authority and produce it to persons concerned.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 73 (Compensation for Losses)   print
(1) With respect to any person who suffers a loss incurred by a disposition taken under Article 30 (1) 3 and 4, 32 or 72 (1), the park management agency, etc. that has taken such disposition shall compensate him/her for such loss.
(2) In cases of paragraph (1), the loss has been incurred by a disposition taken on the grounds of Article 30 (1) 4, the park management agency may have a person who bears costs for the public-interest project to compensate all or part of the loss.
(3) With respect to the compensation for the loss under paragraphs (1) and (2), the park management agency, etc. (referring to a person who bears costs for the public-interest project in cases of paragraph (2); hereafter in this Article the same shall apply) shall consult with a person who suffers such loss.
(4) Where agreement under paragraph (3) has not been reached, the park management agency, etc. or the person who suffers the loss may apply to the competent Land Expropriation Committee for an adjudication under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
law view
 Article 73-2 (Resident Assistance Projects)   print
(1) The park management agency may implement a resident assistance project for the improvement of the living environment and promotion of welfare, etc. of residents living in the park area.
(2) Where local residents (limited to those who reside in the natural environment district and natural village district) build, extend or renovate residential housing (limited to detached houses) pursuant to Article 18 (2) 2 and 3, the park management agency may subsidize all or part of expenses incurred in installing water supply and drainage facilities, sewage and excreta disposal facilities, etc. under the Water Supply and Waterworks Installation Act, the Sewerage Act, the Act on the Disposal of Sewage, Excreta and Livestock Wastewater, etc. under conditions prescribed by Presidential Decree.
(3) The Minister of Environment may request the head of a relevant administrative agency to take measures necessary for fostering ecofriendly farming, forestry, and fishery in a park area.
(4) Matters necessary, such as kinds, procedures, and methods, etc. of resident assistance projects under paragraph (1), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 74 (Succession of Rights and Duties)   print
Persons referred to in the following subparagraphs shall succeed to rights and duties due to permission or a report under this Act:
1. A transferee;
2. An inheritor;
3. A corporation which continues to exist after a merger or a corporation incorporated by a merger.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
law view
 Article 75 (Restrictions on Disposal)   print
National or public land in a natural park which the park management agency deems necessary for the efficient management of a natural park, such as the implementation of a park project and protection of a natural park, etc., shall not be disposed of, except for cases prescribed by Presidential Decree as cases inevitable for a park project, military purposes or the public interest.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 76 (Purchase of Land, etc. through Consultation)   print
(1) The park management agency may, if it is necessary to conserve and manage a natural park, purchase land in the natural park and articles attached thereto in consultation with the owner.
(2) Where the park management agency purchases land and articles attached thereto under paragraph (1), the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to the calculation of the purchase price, etc.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 77 (Requests for Purchase of Land)   print
(1) Any person who falls under any of the following subparagraphs, as the owner of land (hereinafter referred to as "land subject to purchase") the effective value of which has been remarkably decreased because he/she cannot use land in a natural park for the original purpose due to the designation as natural park, may request the park management agency to purchase such land:
1. A person who owns the land continuously from the time when the natural park is designated;
2. A person who owns the land continuously after having inherited it from the person as provided for in subparagraph 1.
(2) The park management agency shall, when the land which is requested to purchase under paragraph (1) falls under the standards pursuant to paragraph (3), purchase such land.
(3) Specific criteria of the land subject to purchase shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 78 (Procedures for Request for Purchase, etc.)   print
(1) The park management agency shall notify an applicant for purchase to whether land is subject to purchase and of estimated purchase price, etc. within three months from the date when it has received a request for purchase of land.
(2) Where the park management agency serves a notice on the applicant that his/her land is subject to purchase pursuant to paragraph (1), it shall formulate a purchase plan and purchase such land subject to purchase within five years from the date of notice.
(3) Where the park management agency purchases land subject to purchase, the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to time, method and standards, etc. of calculating the price thereof.
(4) In cases of purchasing land pursuant to paragraphs (1) and (2), procedures for purchasing land and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 79 (Special Case for Designating Natural Park)   print
Matters of which permission has been obtained and a report of which has been made under other Acts and subordinate statutes before the designation as a natural park, as matters of which permission should be obtained from the park management agency or a report of which should be made to the park management agency under this Act, shall be deemed to have obtained permission of the park management agency or to have been reported to the park management agency.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 80 (Delegation and Commission of Authority)   print
(1) The Minister of Environment may delegate part of his/her authority under this Act to agencies under his/her control or the Mayor/Do Governor or commission it to the Service, under conditions prescribed by Presidential Decree.
(2) The Mayor/Do Governor may delegate the duties of the park management agency on the management of a Do park to the head of a Gun, under conditions prescribed by Municipal Ordinance of the City/Do.
(3) Where the Service, the Mayor/Do Governor or the head of a Gun manages a natural park by delegation or commission under paragraphs (1) and (2), it or he/she shall be deemed the park management agency within the extent of the affairs delegated or commissioned.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 81 (Establishment of Korea Natural Park Association)   print
(1) The Korea Natural Park Association (hereinafter referred to as the "Association") shall be established to manage public relations and guidance on the conservation and utilization of natural parks and to survey resources of natural parks, etc.
(2) The Association shall be a corporation.
(3) The provisions on an incorporated association of the Civil Act shall apply mutatis mutandis to the Association except for those as provided for in this Act.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
CHAPTER VIII PENAL PROVISIONS
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 Article 82 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:
1. A person who implements a park project without obtaining permission of the park management agency in contravention of Article 20;
2. A person who performs an act subject to permission without obtaining permission of the park management agency in contravention of Articles 23 (1) 1 through 7;
3. A person who spoils the form of a natural park or destroys park facilities in contravention of Article 27 (1) 1.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 83 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than two years and by a fine not exceeding 20 million won:
1. A person who performs an act subject to permission without obtaining permission of the park management agency in contravention of Article 23 (1) 8 through 10;
2. A person who fails to comply with a disposition taken to suspend or alter his/her project under Article 30;
3. A person who obtains permission under this Act by fraud or other unlawful means.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 84 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:
1. A person who performs an act subject to reporting without making a report under the proviso to Article 23 (1);
2. A person who causes trees to be blighted in contravention of Article 27 (1) 2;
3. A person who lays explosives, sets snares or dug traps or dumps toxic substances and agricultural chemicals to catch wild animals in contravention of Article 27 (1) 3;
4. A person who collects rent without obtaining permission of the park management agency in contravention of the proviso to Article 37 (2).
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 85 (Joint Penal Provisions)   print
If the representative of a corporation, or an agent, employee or any other employed person of a corporation or an individual commits an offense falling under any of Articles 82 through 84 regarding the affairs of the corporation or the individual, not only shall an offender be punished but also such corporation, etc. individual shall be punished by a fine referred to in the relevant Articles: Provided, That this shall not apply to cases where the corporation or individual has not neglected to pay reasonable attention to and supervise the relevant affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
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 Article 86 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won:
1. A person who hinders or refuses access and investigation pursuant to Article 24-3 without any justifiable reason to the contrary;
2. A person who fails to obey an order to take measures, such as eviction, etc. pursuant to Article 24-4;
3. A person who carries a hunting gun or crossbow or lays nets in contravention of Article 27 (1) 4;
4. A person who conducts commercial transactions outside the designated place in contravention of Article 27 (1) 5;
5. A person who conducts restricted or prohibited business pursuant to Article 29 (1) or performed any other acts;
6. A person who uses the name of the Service or a similar name thereto in contravention of Article 49.
(2) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 500,000 won:
1. A person who camps outside the designated place in contravention of Article 27 (1) 6;
2. A person who has access to or passes through a restricted or prohibited area with a vehicle in contravention of Article 28 (1);
3. A person who rejects, obstructs or dodges access or use, etc. without any justifiable reasons in contravention of Article 72 (4).
(3) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 100,000 won:
1. A person who performs a prohibits act in contravention of Article 27 (1) 7 through 10;
2. A person who enters a natural park or uses park facilities without paying admission fees or rent in contravention of Article 37 (1).
(4) Fines for negligence under the provisions of paragraphs (1) through (3) shall be imposed and collected by the head of a Gun, under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9313, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Special Purpose Districts)
The village districts from among special purpose districts under the previous provisions at the time this Act enters into force shall be deemed to be the natural village districts determined by this Act.
Article 3 (Transitional Measures concerning National Park Association)
The National Park Association established under the previous provisions at the time this Act enters into force shall be deemed the Natural Park Association established under this Act.
Article 4 (Transitional Measures concerning Pending Act)
Dispositions, such as permission and other acts, taken by any park management authority under the previous provisions at the time that this Act enters into force shall be deemed to be performed by such park management authority under this Act, and any application filed with any park management authority for permission and other acts performed under the previous provisions at the time that this Act enters into force shall be deemed to be filed with and performed by such park management authority under this Act.
Article 5 (Transitional Measures concerning Penal Provisions, etc.)
The application of the penal provisions and the for negligence to any act performed prior to this Act enters into force shall be governed by the previous provisions.
Article 6 (Relation with Other Acts)
Where other Acts and subordinate statutes quote the provisions of the Natural Parks Act at the time of the entry into force of this Act, and if corresponding provisions exist in this Act, the corresponding provisions of this Act shall be deemed to have been cited instead of the previous provisions.
ADDENDA<Act No. 6654, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 7456, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Cases concerning Permission for Acts)
The amended provisions of Articles 21 and 23 (1) 3 shall apply to acts for which permission application is made under the amended provisions of Article 23 on or after this Act enters into force.
Article 3 (Transitional Measures concerning Special Purpose Districts of Natural Park)
The nature conservation district, nature environment district, natural village district, overpopulated village district, and facility-concentrated district under the previous provisions at the time that this Act enters into force shall be deemed the nature conservation district, nature environment district, natural village district, overpopulated village district, and facility-concentrated district in a park, respectively, under the amended provisions of Article 18.
Article 4 (Transitional Measures concerning Officer of Korea National Park Service)
The vice president who is in active service at the Korea National Park Service at the time this Act enters into force shall be deemed to be appointed as a standing director under the amended provisions of Article 50 until his term of office expires.
Article 5 (Transitional Measures concerning Natural Park Association)
The Natural Park Association established under the previous provisions at the time that this Act enters into force shall be deemed the Korea Natural Park Association established under the amended provisions of Article 81.
Article 6 Omitted.
ADDENDA<Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM<Act No. 8211, Jan. 3, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA<Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA<Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM<Act No. 8950, Mar. 21, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penal Provisions)
The previous provisions shall apply in the application of the penal provisions to acts which have violated the previous Natural Parks Act in a park protection area before this Act enters into force.
Article 3 Omitted.
ADDENDA<Act No. 10000, Feb 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10001, Feb 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.