|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
[Effective Feb 29, 2008] [Act No. 8852, Feb 29, 2008, Amendment of Other Laws and Regulations]
Ministry of Land, Transport, and Maritime Affairs (Urban Environment Division) 02-2110- 6198
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to ensure a healthy and cultural urban life and contribute to the promotion of public welfare through the creation of a pleasant urban environment by prescribing matters necessary for the expansion, management, and use of Park Green areas, etc. and urban afforestation in cities.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows:
1. The term "Park Green area" means a space or facility falling under any of the
following items, which are used to create a pleasant
urban environment and to foster
resident' sense of restfulness and peace:
(a) Urban parks, greenbelts, amusement parks, public vacant land, and reservoirs;
(b) Urban natural park areas;
(c) Spaces in which vegetation such as trees, lawn and flowers, ground cover, etc.,
(hereinafter referred to as "vegetation"), grow;
and
(d) Other spaces and facilities which are used to create a pleasant urban environment and
to foster residents' feelings of
restfulness and peace and as prescribed by Ordinance of
the Ministry of Land, Transport, and Maritime Affairs.
2. The term "urban afforestation" means cultivating vegetation in the spaces, (excluding
forests under the Forestry Act), of urban
areas, (referring to urban areas under the
National Land Planning and Utilization Act and including the class 2 district unit
planning
zones designated as control areas under the same Act; hereinafter the same
shall apply), lacking in a nature-friendly environment
that includes sufficient
vegetation, water, and soil;
3. The term "urban park" means a park under Subparagraph 6 (b) of Article 2 of the
National Land Planning and Utilization Act and
designated by an urban management
plan pursuant to Article 30 of the same Act, in order to protect urban natural scenery
and improve
the health, recreation, and peaceful lives of residents in urban areas;
4. The term "park facilities" means facilities falling under each of the following, which
are installed to enhance the utility of
urban parks:
(a) Roads or plazas;
(b) Landscape architecture facilities such as flowerbeds, fountains, sculptures, etc.;
(c) Recreation facilities including resting
places, park benches, etc.;
(d) Play facilities including swings, slides, etc.;
(e) Sports facilities including tennis courts,
swimming pools, archery ranges, etc.;
(f) Cultural facilities including botanical gardens, zoos, aquariums, museums, sound
shells,
etc;
(g) Convenience facilities for users of parks including parking lots, stores, toilets, etc.;
(h) Park management facilities including
park management offices, entrance and exit
gates, fences, hedges, etc.; and
(i) Other facilities used to raise the utility of urban parks, which are prescribed by
Ordinance of the Ministry of Land, Transport,
and Maritime Affairs;
5. The term "urban natural park areas" means areas designated as urban natural park areas
pursuant to Article 38-2 of the National
Land Planning and Utilization Act; and
6. The term "greenbelt" means greenbelts under Subparagraph 6 (b) of Article 2 of the
National Land Planning and Utilization Act
and designated by the urban management
plan pursuant to Article 30 of the same Act in order to improve the urban scenery by
preserving
or improving the natural environment and preventing environmental
pollution and natural disasters in urban areas.
Article 3 (Pilot Projects)
(1) The Minister of Land, Transport, and Maritime Affairs, (hereinafter referred to as the
"Minister"), may, where deemed necessary
to expand and raise the level of Park Green
areas, designate an urban park or greenbelt creation project and an urban afforestation
project as a pilot project and provide any necessary support ex officio or upon request
thereof from the heads of central administrative
agencies concerned, the special
metropolitan city Mayor, and/or the metropolitan city Mayor or the Do governor,
(hereinafter referred
to as the "Mayor/Do Governor").
(2) The Minister may request the heads of central administration agencies concerned or
the Mayor/Do Governor to submit any materials
necessary for the designation of a
pilot project under Paragraph (1).
Article 4 (Survey for the Establishment of Policy)
The Minister may, where necessary to formulate a policy on the expansion of Park
Green
areas, request the special metropolitan city Mayor, the metropolitan city Mayor, or the
head of the city or Gun, (excluding
the heads of Gun within the jurisdictional area of the
metropolitan city; hereinafter the same shall apply), to submit materials
falling under any
of the following subparagraphs: 1. Materials concerning whether the environment and locations of Park Green areas are
appropriate;
2. Materials concerning the extent of the preservation and use of Park Green areas;
3. Statistics concerning Park Green areas; and
4. Other matters concerning the current state of Park Green areas that are prescribed by
Presidential Decree.
CHAPTER II BASIC PLAN FOR PARK GREEN AREAS
Article 5 (Development Authority of the Basic Plan for Park Green areas, etc.)
(1) The special metropolitan city Mayor, metropolitan
city Mayor, or head of the city as
prescribed by Presidential Decree, (hereinafter referred to as the "person having the
power
to formulate the basic plan for Park Green areas"), shall, respectively, develop a
basic plan demonstrating a comprehensive direction
for expanding, managing, and
exploiting Park Green areas, (hereinafter referred to as the "basic plan for Park Green
areas"), in
urban areas located in their respective jurisdictional areas every 10 years.
(2) The person having the power to formulate the basic
plan for Park Green areas may,
where deemed necessary on the grounds of local conditions, develop the basic plan for
Park Green
areas that include any part of the jurisdictional areas of the adjacent special
metropolitan city, metropolitan city, or city or
Gun, (excluding the Gun located in the
jurisdictional area of the metropolitan city; hereinafter the same shall apply). In this
case, the person having the power to formulate the basic plan for Park Green areas
shall consult, in advance, with the relevant
special metropolitan city Mayor, relevant
metropolitan city Mayor, and relevant head of the city or Gun thereof.
Article 6 (Contents,
etc. of the Basic Plan for Park Green areas)
(1) The basic plan for Park Green areas shall contain the matters falling under each
of the
following subparagraphs:
1. Matters concerning local characteristics, the direction and the goals of the plan;
2. Matters concerning changes in the conditions of Park Green areas following changes in
the population, industry, the economy, spatial
formation, and land utilization;
3. Matters concerning the comprehensive placement of Park Green areas;
4. Matters concerning the axis and network of Park Green areas;
5. Matters concerning the supply of, and demand for, Park Green areas;
6. Matters concerning the preservation, management, and utilization of Park Green areas;
7. Matters concerning urban afforestation; and
8. Other matters as required to expand, manage, and utilize the Park Green areas, which
are as prescribed by Presidential Decree.
(2) The basic plan for Park Green areas shall be made to be compatible with basic urban
planning, (referring to basic urban planning
under Subparagraph 3 of Article 2 of the
National Land Planning and Utilization Act; hereinafter the same shall apply), and,
where
the contents of the basic plan for Park Green areas differ from basic urban
planning, the contents of the basic urban planning shall
take precedence over the
contents of the basic plan for Park Green areas.
(3) Standards, etc. for formulating the basic plan for Park Green areas shall be
determined by the Minister as prescribed by Presidential
Decree.
Article 7 (Basic Survey for Developing the Basic Plan for Park Green areas)
(1) The person having the power to formulate the basic
plan for Park Green areas shall,
where intending to formulate or change the basic plan for Park Green areas, survey or
measure
in advance any necessary matters concerning the development and changes of
the relevant basic plan for Park Green areas as prescribed
by Presidential Decree
among population, economic, social, cultural, land utilization, Park Green areas,
environmental, weather,
and other matters as prescribed by Presidential Decree.
(2) The person having the power to formulate the basic plan for Park Green
areas may
request the heads of administrative agencies concerned to furnish any materials
necessary to conduct the survey and measurement
under Paragraph (1). In this case,
the heads of administrative agencies concerned shall, upon receiving a request to
furnish the
materials, comply in the absence of special reasons not to do so.
(3) The person having the power to formulate the basic plan for
Park Green areas may,
where deemed necessary to efficiently conduct the survey and the measurement,
commission the survey and the
measurement under Paragraph (1) or (2), to any
specialized institution.
Article 8 (Public Hearings and Hearings, etc. of the Opinions of Local Councils)
(1) The person having the power to formulate the
basic plan for Park Green areas shall, in
the case of intending to formulate or change the basic plan for Park Green areas, hold,
in advance, a public hearing to hear the opinions of residents and experts concerned,
etc.
(2) The person having the power to formulate the basic plan for Park Green areas shall, in
the case of intending to formulate or
change the basic plan for Park Green areas, first
consult the counsels of the City/Do Urban Park Committee or the City/Gun Urban
Park Committee, (where an Urban Park Committee is not established, referring to the
City/Gun/Gu Urban Planning Committee under
Article 113 (2) of the National Land
Planning and Utilization Act; hereinafter the same shall apply), under Article 50 and
the
hearing of opinions of local councils. In such case, the local councils shall put
forward their opinions within 30 days from the
date on which they are asked for their
opinions in the absence of special reasons not to do so.
(3) The person having the power
to formulate the basic plan for Park Green areas shall,
when the details of opinions and information from the council that are put
forward and
offered in the course of the public hearing, and/or the counsels of the City/Do Urban
Park Committee or the City/Gun
Urban Park Committee, and/or the hearing opinions
of the local councils pursuant to Paragraphs (1) and (2) are recognized as being
appropriate, reflect the opinions in the basic plan for Park Green areas.
Article 9 (Approval of the Basic Plan for Park Green
areas)
(1) The person having the power to formulate the basic plan for Park Green areas shall, in
the event of formulating or changing
the basic plan for Park Green areas, obtain the
approval of the Minister, (where a Mayor formulates or changes the basic plan for
Park
Green areas, referring to the Do governor), as prescribed by Presidential Decree.
(2) The Minister shall, where intending to approve the basic plan for Park Green areas
under Paragraph (1), undergo the deliberations
of the Central Urban Planning
Committee under Article 106 of the National Land Planning and Utilization Act after
consulting thereon
with the heads of the central administrative agencies concerned,
including the Ministry of the Environment and the Forest Services.
(3) The heads of central administrative agencies concerned shall, when requested to
provide consultations under Paragraph (2), present
opinions within 30 days of the date
of receiving the request in the absence of special reasons not to do so.
(4) The Minister shall,
where approving the basic plan for Park Green areas, deliver
related documents to the heads of central administrative agencies concerned
and the
person having the power to formulate the basic plan for Park Green areas. The person
having the power to formulate the
basic plan for Park Green areas shall, upon
receiving such related documents, publish them and offer them for public viewing as
prescribed by Presidential Decree.
(2) Every five years, the person having the power to formulate the basic plan for Park
Green areas shall make an overall review
of whether the basic plan for Park Green
areas in his/her jurisdictional area is valid and upgrade it where necessary.
CHAPTER
III URBAN AFFORESTATION AND EXPANSION OF URBAN PARK
GREEN AREAS
Article 11 (Urban Afforestation Plan)
(1) The person having the power to formulate the basic plan for Park Green areas shall
develop an urban afforestation plan, (hereinafter
referred to as the "urban afforestation
plan"), for any part of the urban area under his/her jurisdiction based on the basic plan
for Park Green areas.
(2) The policy steps developed to systematically manage greenbelts in urban areas
pursuant to Article 18 of the Framework Act on
Forests shall be reflected in the urban
afforestation plan.
(3) When developing the urban afforestation plan pursuant to Paragraph (1), the person
having the power to formulate the basic plan
for Park Green areas shall undergo the
deliberations of the City/Do Urban Park Committee or the City/Gun Urban Park
Committee under
Article 50.
(4) Standards for developing the urban afforestation plan and other necessary matters
shall be determined by Municipal Ordinances
of the special metropolitan city, the
metropolitan city, or the city, as prescribed by Presidential Decree.
Article 12 (Contract
for the Practical Use of Greenbelts)
(1) The special metropolitan city Mayor, metropolitan city Mayor, or head of the
city/Gun
may, where deemed necessary to expand Park Green areas in order to allow
residents easy access to them, enter into a contract, (hereinafter
referred to as the
"greenbelt utilization contract"), with the owner of any land in an urban area, which
has excellent vegetation
or forest floors, with the terms and conditions of such contract
requesting support for the preservation, maintenance, and utilization
of such vegetation
or such forest floors of the relevant land, on the condition that the relevant land is
made accessible to residents.
(2) The special metropolitan city Mayor, metropolitan city Mayor, or head of the
city/Gun shall erect signs on the land to make
it known to the public that a greenbelt
utilization contract has been entered into with respect to the land, according to
Paragraph
(1).
(3) Any necessary matters concerning the conclusion of the greenbelt utilization contract,
etc. shall be determined by the Municipal
Ordinances of the special metropolitan city,
metropolitan city, or city or Gun as prescribed by Presidential Decree.
Article 13
(Afforestation Contract)
(1) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun may, where deemed necessary for urban
afforestation, enter into a contract with
the owner or the residents of land, (hereinafter referred to as an "afforestation
contract"),
in a certain urban area with the terms and conditions of such contract
requesting support for the following measures, such as the
supply of saplings, on the
condition that the measures falling under any of the following subparagraphs are taken:
1. The protection of forest belts, etc.;
2. An increase in the vegetation ratio compared with the area of the relevant land; and
3. An increase in the vegetation that prevails on the relevant land.
(2) Any necessary matters concerning the conclusion of the afforestation
contract shall be
determined by the Municipal Ordinances of the special metropolitan city, metropolitan
city, or city or Gun, as
prescribed by Presidential Decree.
Article 14 (Securing of Urban Parks or Greenbelts)
(1) The special metropolitan city Mayor,
metropolitan city Mayor, or head of the city or
Gun shall work to secure urban parks or greenbelts according to standards for securing
urban parks or greenbelts as set by Ordinance of the Ministry of Land, Transport, and
Maritime Affairs, in order to create a pleasant
urban environment.
(2) Any person who formulates a development plan accompanied by a plan falling under
any of the following subparagraphs, (hereinafter
referred to as the "development plan"),
and whose scale is in excess of that set by Presidential Decree, shall include a plan to
secure urban parks or greenbelts in the development plan, according to the standards
set by Ordinance of the Ministry of Land,
Transport, and Maritime Affairs:
1. A development plan under Article 4 of the Urban Development Act;
2. A housing construction project plan or a site leveling project plan under Article 16 of
the Housing Act;
3. An upgrade plan under Article 4 of the Act on the Maintenance and Improvement of
Urban Areas and Dwelling Conditions for Residents;
4. A development plan for industrial complex development projects under Subparagraph
6 of Article 2 of the Industrial Sites and Development
Act;
5. A housing site development plan under Article 8 of the Housing Site Development
Promotion Act;
6. A project plan for a joint collection and delivery center under Article 29 of the
Distribution Industry Development Act;
7. A development plan for a combined complex under Article 34 of the Balanced
Regional Development and Support for Local Small and
Medium Enterprises Act; or
8. A development plan for a project to create a complex for residential, commercial, and
industrial purposes among the projects for
which development plans under
Subparagraphs 1 through 7 are deemed to have been formulated and approved under
other laws and regulations.
(3) Any urban park or any greenbelt that is included in a development plan categorized
under Paragraph (2) shall be built by the
developer of the relevant development project
at his/her own cost.
CHAPTER IV BUILDING AND MANAGEMENT OF URBAN PARKS
Article 15 (Subdivision and Scale of Urban Parks)
(1) Urban parks shall be subcategorized
according to their functions and themes as per
the following:
1. Habitat zone parks: Parks that fall under any of the following and are built and
managed as parks with the characteristics of
fundamental parks in an urban habitat
zone;
(a) Small parks: Parks that are built using a small area of land in order to foster a feeling
of rest and peace for urban residents;
(b) Children's park: Parks that are built in order to improve the health and peaceful lives
of children;
(c) Neighborhood parks: Parks that are built in order to improve the health, recreation,
and peaceful lives of neighborhood residents
who live in a regional habitat zone that
consists of a neighborhood habitat zone; and
2. Theme parks: Parks that fall under any of the following and are built for a variety of
purposes other than habitat zone parks:
(a) Historical parks: Parks that are built for the rest and education of urban residents in
the practical use of any historical
place, establishment, relics, or any vestiges, etc. of a
city;
(b) Cultural parks: Parks that are built for the rest and education of urban residents in the
practical use of any cultural features
of a city;
(c) Waterside parks: Parks that are built for the leisure and rest of urban residents in the
practical use of a waterside
space, including riversides, lakesides, etc. of a city;
(d) Cemetery parks: Parks that are built in combination with a graveyard
under
Subparagraph 6 of Article 2 of the Funeral Services, etc. Act and park facilities in
order to provide rest, etc. to graveyard
visitors;
(e) Sports parks: Parks that are built for the purpose of fostering healthy bodies and
minds through sports activities,
including athletic events, outdoor activities, etc.; and
(f) Other parks that are prescribed by Municipal Ordinance of the special
metropolitan
city or the metropolitan city or Do.
(2) The necessary scale of the parks under each subparagraph of Paragraph (1) shall be
determined by Ordinance of the Ministry of
Land, Transport, and Maritime Affairs.
Article 16 (Development and Determination of the Park Creation Plan)
(1) Where an urban management plan concerning the building
of any urban park is
determined, the special metropolitan city Mayor, metropolitan city Mayor, or head of
the city or Gun who has
jurisdiction over the area where such an urban park is located
shall develop a plan for building the urban park, (hereinafter referred
to as the "park
creation plan").
(2) The park creation plan shall be determined according to the urban management plan.
In this case, the hearing of the opinions
of the relevant local council under Article 28
(5) of the National Land Planning and Utilization Act and consultations with the
heads
of administrative agencies concerned under Article 30 (1) of the same Act may be
omitted, and the deliberation of the City/Do
Urban Planning Committee under Article
30 (3) of the same Act may be substituted for the deliberation of the City/Do Urban
Park
Committee under Article 50 (1).
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to cases where the park creation
plan is changed, provided, however, that,
with respect to any minor change prescribed
by Presidential Decree and any area that falls short of certain standards, etc., the
procedures for hearing the opinions of residents under Article 28 (1) of the National
Land Planning and Utilization Act may be
omitted.
(4) Standards for formulating park creation plans and other necessary matters shall be
determined by Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
Article 17 (Invalidation of a Decision on an Urban Park)
(1) Where the park creation plan is not published on or before the date
on which 10 years
has elapsed from the date on which such a decision on the urban management plan for
building any urban park is
published, any decision regarding the urban management
plan to build any urban park shall be deemed invalid on the date following
the date on
which 10 years has elapsed, notwithstanding Article 48 of the National Land Planning
and Utilization Act.
(2) Where a decision on an urban management plan is deemed invalid pursuant to
Paragraph (1), a special metropolitan city Mayor,
a metropolitan city Mayor, or a Do
governor shall publish, without delay, such fact as prescribed by Presidential Decree.
Article
18 (Update of the Park Creation Plan)
(1) When the land utilization of the adjacent area is greatly changed after the park
creation plan is determined and published,
or when residents request an update of the
park creation plan according to the requirements determined by Presidential Decree,
the special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun shall develop an overall review of the
appropriateness of the park creation plan
and, where necessary, update the park creation plan.
(2) The requirements of residents
to request an update of the park creation plan pursuant
to Paragraph (1) may be determined differently for different parks under
Article 15,
taking into account the number of residents who are expected to exclusively frequent
the relevant park, and the scale
of the relevant park, etc.
Article 19 (Building and Management of Urban Parks)
(1) An urban park shall be built and managed by
the special metropolitan city Mayor,
metropolitan city Mayor, or head of the city or Gun according to the park creation plan.
(2)
The manager, and the method of management, of an urban park that spans two or
more administrative areas shall be determined in consultation
among the relevant
special metropolitan city Mayor, metropolitan city Mayor, or head of the city or Gun.
(3) Where no agreement
is reached from the consultations under Paragraph (2) and the
relevant urban park is located in the jurisdictional area of the same
Do, an application
for adjudication may be filed with the Do governor thereof, and where the relevant
urban park spans two or more
jurisdictional areas of the special metropolitan city,
metropolitan city, or Do, a joint application for adjudication may be filed
with the
Minister.
(1) Any person other than the special metropolitan city Mayor, metropolitan city Mayor,
or head of the city or Gun may build and
manage any urban park or any park facilities
after obtaining designation as a developer of an urban planning facility project under
Article 86 (5) of the National Land Planning and Utilization Act and the authorization
of the execution plan under Article 88 (2)
of the same Act as prescribed by Presidential
Decree.
(2) Any person who manages any urban park or any park facilities pursuant to the
provisions of Paragraph (1) may vicariously perform
the work of the park management
agency as prescribed by Presidential Decree.
(3) Article 65 of the National Land Planning and Utilization Act, which is applied
mutatis mutandis under Article 99 of the same
Act, shall not apply to any urban park
or any park facilities that are built or installed pursuant to Paragraph (1).
Article 22
(Safety Measures for Urban Parks and Park Facilities)
Any person who manages any urban park or any park facilities pursuant to Articles
19
through 21 shall take any necessary measures to conduct safety checks of such park
facilities in order to ensure the safety
thereof.
Article 23 (Management of Concurrently Used Installations)
(1) Where any urban park or park facilities, and/or any river,
road, tap water and sewage
system, storage facilities, or other facilities and/or installations, (hereinafter referred to
as "other
installations"), are concurrently used, the park management agency and the
manager of other installations may determine how to manage
such installations
through joint consultations, provided, however, that, where managing any urban park,
the manager of other installations,
(limited to cases where he/she is not an
administrative agency), may manage only the maintenance and repair of the relevant
urban
park and its facilities.
(2) Every park management agency shall, when it determines how to manage other
installations pursuant to Paragraph (1), publish
the details thereof.
(3) The manager of other installations who manages any urban park or any park facilities
pursuant to Paragraph
(1) may vicariously exercise the authority of the park
management agency as prescribed by Presidential Decree.
(4) Standards for
installing and managing the facilities and structures concurrently used
with urban parks or park facilities and prescribed by Presidential
Decree shall be
determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.
Article 24 (Permit for Occupying and Using Urban Parks)
(1) Any person who intends to perform an act falling under any of the following
subparagraphs in any urban park shall obtain a permit for occupying and using such
urban park from the special metropolitan city
Mayor, metropolitan city Mayor, or head
of the city or Gun who is in charge of managing the relevant urban park as prescribed
by
Presidential Decree, provided, however, that the same shall not apply to a minor
action prescribed by Presidential Decree, such
as the thinning of any forest:
1. The action of installing any facilities, constructing any building, or establishing any
installations other than park facilities;
2. The action of changing the form and quality of the land;
3. The action of cutting down or planting bamboo and trees;
4. The action of collecting soil and stones; or
5. The action of piling up goods.
(2) Upon receiving an application for a permit filed pursuant to Paragraph (1), the special
metropolitan
city Mayor, metropolitan city Mayor, or head of the city or Gun may
grant such a permit only when the requirements falling under
each of the following
subparagraphs are met, and where the owner of any land files an application for such a
permit, the permit
for him/her shall be preferentially granted:
1. The permit shall not be in conflict with the park creation plan, (limited to cases where
the park creation plan is developed);
2. The occupation and use should be inevitable; and
3. The occupation and use should not obstruct the public use of the relevant urban park.
(3) Urban parks that may be occupied and
used after obtaining a permit thereof pursuant
to Paragraph (1) and standards for the occupation and use thereof shall be determined
by Presidential Decree.
(4) Paragraph (1) shall apply mutatis mutandis to cases where changes are intended for
matters for which a permit is granted for
occupation and use.
(5) Where the special metropolitan city Mayor, metropolitan city Mayor, or head of the
city or Gun, after receiving
a request to purchase any land, classifies as a site,
(including any buildings and/or any fixtures therein, which stand on the relevant
land;
hereinafter in this paragraph the same shall apply), among the land categorized as
urban park sites pursuant to Article 47
(1) of the National Land Planning and
Utilization Act, decides not to purchase the land or fails to purchase the land by the
time
upon which two years have elapsed from the date on which a notice in relation to
the purchase decision is served, the owner of such
land may construct any building and
establish any installations thereon that are prescribed by Presidential Decree, after
obtaining
a permit for the occupation and use thereof under Paragraph (1). In this case,
the provisions of Paragraphs (2) and (3) shall not
apply thereto.
Article 25 (Restoration to Original State)
(1) Any person who obtains a permit for occupying and using any urban park pursuant to
Article 24 shall, when the term of occupation
and use has expired or the occupation
and use is suspended, restore, without delay, the relevant urban park to its original
state,
provided, however, that the same shall not apply to cases where the restoration of
the urban park to its original state is inappropriate
in consideration of the scenery, use,
buildings, etc. of the relevant urban park, and thus approval thereof is obtained from
the
special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun.
(2) With respect to any person who has failed to restore any urban park to its original
state pursuant to Paragraph (1) and has
performed an action falling under any of the
subparagraphs of Article 24 (1) without obtaining a permit for occupying and using
such urban park, or who has occupied and used such urban park in a manner that
differs from the details of the permit for occupation
and use, the special metropolitan
city Mayor, metropolitan city Mayor, or head of the city or Gun may order him/her to
restore,
without delay, the urban park to its original state.
(3) Where any person who is ordered to restore an urban park to its original
state
pursuant to Paragraph (2) fails to do so, the special metropolitan city Mayor,
metropolitan city Mayor, or head of the city
or Gun may restore the urban park to its
original state according to vicarious administrative performance provided for in the
Vicarious
Administrative Execution Act.
CHAPTER V URBAN NATURAL PARK AREAS
Article 26 (Standards for Designating and Changing Urban Natural Park Areas)
Standards for designating and changing urban natural
park areas shall be established by
Presidential Decree, taking into comprehensive account the population, industry, traffic
and
land utilization, socioeconomic conditions, and environmental conditions, including
the topography, scenery, etc. of the relevant
city.
Article 27 (Restrictions on Action in Urban Natural Park Areas)
(1) In any urban natural park area, the construction of any
building, the change in the
purpose of use of any building, the establishment of any installations, the change in the
form and
quality of land, the collection of soil and stones, the division of land, the
clearing of bamboo and trees, or the piling up of
goods in any urban planning project
under Subparagraph 11 of Article 2 of the National Land Planning and Utilization Act
shall
be prohibited, (hereinafter referred to as the "urban planning project"), provided,
however, that an action falling under any of
the following subparagraphs may be
performed after obtaining a permit thereof from the special metropolitan city Mayor,
metropolitan
city Mayor, or head of the city or Gun:
1. The construction of any building and the establishment of any installations that fall
under any of the following are as prescribed
by Presidential Decree and a change in the
form and quality of land due to the construction of such buildings and the
establishment
of such installations:
(a) Public facilities, including roads and railroads, etc.;
(b) Provisional buildings or provisional installations;
(c) Leisure
facilities for urban residents, including recreational forests and tree gardens;
(d) Physical fitness training facilities, including
mountain trails, horizontal bars, etc.;
(e) Public interest facilities, including electricity and gas facilities; and
(f) Housing
and neighborhood life facilities;
2. The reconstruction, expansion, or major repair of existing buildings or installations;
3. The change in the form and quality of land not requiring the construction of any
buildings; and
4. The collection of soil and stones, the clearing of bamboo and trees, and the piling up of
goods, all of which are prescribed by
Presidential Decree.
(2) Notwithstanding the provision of Paragraph (1), any minor action that is prescribed
by Presidential Decree,
(including the thinning of any forest, etc.), may be performed
without obtaining a permit thereof.
(3) The scale, height, building to land ratio, and the ratio of volume of the buildings and
installations that are subject to permits
under Subparagraph 1 and 2 of Paragraph (1)
and the standards for granting permits for actions subject to such permits provided
under each subparagraph of Paragraph (1) shall be as determined by Presidential
Decree.
(4) The provisions governing the performance guarantee and the restoration to the
original state under Article 60 and Article 64
(3) and (4) of the National Land Planning
and Utilization Act and the inspection of any work completed under Article 62 of the
same Act shall apply mutatis mutandis to a permit granted for any action pursuant to
the provision of Paragraph (1).
(5) Any person who has already begun work or a project after obtaining a permit, etc.,
(including cases where such a permit, etc.
is not required to be obtained according to
relevant laws and regulations), according to other laws and regulations at the time
when any urban natural park area is designated with respect to an action provided for
under any subparagraph of Paragraph (1),
may continue to perform such work or such
project after submitting a report thereon to the special metropolitan city Mayor,
metropolitan
city Mayor, or head of the city or Gun having jurisdiction over such
urban natural park area as prescribed by Presidential Decree.
Article 28 (Special Cases for Village Areas)
(1) The Mayor/Do Governor may designate any village located in any urban natural park
area, in which residents collectively live,
as a village area pursuant to Subparagraph 8
of Article 37 (1) of the National Land Planning and Utilization Act, (hereinafter
referred to as "village areas").
(2) Standards for designating a village area, including the number of houses that form a
village, the number of houses per unit
area, standards for drawing the boundary line of
the village area, etc., and other necessary matters shall be as determined by
Presidential Decree.
(3) The purpose of use, the height, the total floor area, the building to land ratio, and the
ratio of volume of the buildings in
the village area shall be separately determined by
Presidential Decree, notwithstanding the provision of Article 27 (3).
Article
29 (Claim for Land Purchase)
(1) The owner of any land who is unable to use his/her land located in any urban natural
park area for the previous purpose of use
as a result of its designation as an urban
natural park area, thereby greatly decreasing its utility, and where it is impossible
for
him/her to use his/her land and earn revenue from his/her land, (hereinafter referred to
as the "land subject to purchase"),
and where the persons falls under any of the
following subparagraphs, may request the special metropolitan city Mayor,
metropolitan
city Mayor, or head of the city or Gun having jurisdiction over the
relevant urban natural park area to purchase his/her land:
1. Persons who have continuously owned the relevant land since the time when the
relevant land was designated as an urban natural
park area;
2. Persons who have acquired the relevant land and have continuously owned it before
he/she was prohibited from using the land and
earn revenue from the land; and
3. Persons who have continuously owned the land after inheriting it from another person
under Subparagraph 1 or 2.
(2) When the land for which the purchase claim is filed pursuant to Paragraph (1) falls
under the standards under Paragraph (3),
the special metropolitan city Mayor,
metropolitan city Mayor, or head of the city or Gun shall purchase the land.
(3) Specific
standards for assessing the land subject to such purchase shall be established
by Presidential Decree.
Article 30 (Procedures for Filing Claims for Purchase, etc.)
(1) The special metropolitan city Mayor, the metropolitan city Mayor,
or head of the city
or Gun shall notify the purchase claimant as to whether his/her land is subject to
purchase and of the estimated
purchase price, etc. within one year from the date on
which they have received a claim for purchase.
(2) With respect to any land for which the notification is served that it is subject to
purchase pursuant to Paragraph (1), the
special metropolitan city Mayor, metropolitan
city Mayor, or head of the city or Gun shall develop a purchase plan within a period
not exceeding three years, as established by Presidential Decree, and thereafter
purchase the relevant land.
(3) The purchase price of any land subject to purchase, (hereinafter referred to as the
"purchase price"), shall be the amount appraised
on the basis of the published land
prices under the Public Notice of Values and Appraisal of Real Estate Act, taking into
account
the location, shape, environment, current utilization, etc. of the relevant land.
In this case, the time for calculating purchase
prices and methods of calculation, etc.
shall be determined by Presidential Decree.
(4) Where land is purchased pursuant to Paragraphs (1) through (3), procedures for their
purchase and other necessary matters shall
be determined by Presidential Decree.
Article 31 (Bearing of Expenses)
(1) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun shall bear the expenses of appraising
and assessing land in order to calculate any
purchase prices under Article 30 (3).
(2) Notwithstanding the provision of Paragraph (1), where any purchase claimant retracts
his/her purchase claim without any justifiable
grounds, the special metropolitan city
Mayor, metropolitan city Mayor, or head of the city or Gun may have the purchase
claimant
bear all or any part of the expenses of performing the appraisal and
assessment of his/her land, etc. as prescribed by Presidential
Decree, provided,
however, that the same shall not apply in case of falling under any of the following
subparagraphs:
1. Where the purchase price falls short of the ratio that is set by Presidential Decree
compared with the estimated purchase price;
and
2. Where the grounds for filing a claim for purchasing the land pursuant to Article 29 (1)
are terminated due to amendments and repeals
of statutes or decrees.
(3) Where any purchase claimant who is liable to bear expenses pursuant to Paragraph (2)
fails to bear
such expenses, such expenses shall be collected by the measures used to
collect local taxes in arrears.
Article 32 (Purchase of Land through Negotiation)
(1) The special metropolitan city Mayor, metropolitan city Mayor, or head of the
city or
Gun may, where deemed necessary to attain the objective of designating the urban
natural park area, purchase any land and
its fixtures, (hereinafter referred to as "land,
etc."), located in an urban natural park area through negotiation with the owner
of such
land.
(2) Where the land, etc. located in an urban natural park area is purchased through
negotiation pursuant to Paragraph (1), Articles
67 (1), 70, 71, 74 through 77, and 78
(5) through (7) of the Act on the Acquisition of Land, etc. for Public Works and the
Compensation
Therefor shall apply mutatis mutandis to the time, methods, and
standards, etc. for calculating purchase prices.
Article 33 (Restrictions on Access to Urban Natural Park Areas, etc.)
(1) Where deemed necessary to protect urban natural park areas,
to restore damaged
urban nature to its original state, and/or to ensure the safety of persons who frequent
urban natural park areas,
as well as in the public interest, the special metropolitan city
Mayor, metropolitan city Mayor, or head of the city or Gun may
restrict or prohibit
access by people or vehicles to a certain designated urban natural park area for a
certain period of time.
(2) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun shall, wherever intending to restrict
or prohibit access by people or vehicles to a
certain designated urban natural park area pursuant to Paragraph (1), publish such
measures by means such as the erecting of signs.
Article 34 (Devolvement of Public Facilities)
Article 65 of the National Land Planning and Utilization Act shall apply mutatis
mutandis to the development of public facilities,
(referring to public facilities under
Subparagraph 13 of Article 2 of the National Land Planning and Utilization Act), that are
installed by administrative agencies after obtaining a permit thereof pursuant to the
provision of Article 27 (1).
CHAPTER VI CREATION AND MANAGEMENT OF GREENBELTS
Article 35 (Subdivision of Greenbelts)
Greenbelts shall be categorized as per the following according to their function:
1. Buffer greenbelts: Greenbelts created to prevent air pollution, noise, vibration, foul
odors and other pollution corresponding
thereto, various accidents, natural disasters,
and other disasters corresponding thereto, etc.;
2. Scenic greenbelts: Greenbelts created to preserve and improve the natural environment
of cities and to upgrade the urban scenery
by improving and restoring damaged natural
areas to their original state; and
3. Connecting greenbelts: Linear greenbelts created to organically connect any park, river,
mountain area, etc. in urban areas and
furnish space for urban residents to enjoy leisure
and relaxation activities, etc.
Article 36 (Creation and Management of Greenbelts)
(1) Greenbelts shall be created and managed by the special metropolitan city
Mayor,
metropolitan city Mayor, or head of the city or Gun.
(2) Standards for creating and managing greenbelts under Paragraph
(1) shall be
established by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.
Article 37 (Creation of Greenbelts for Specific Causes)
Where a necessity is determined to create a greenbelt under an urban management
plan
because a greenbelt is deemed necessary to prevent environmental pollution or accidents
due to specific causes such as factories,
the special metropolitan city Mayor,
metropolitan city Mayor, or head of the city or Gun may have any person causing such
factors,
create and manage the greenbelt, in whole or in part, as prescribed by
Presidential Decree.
Article 38 (Permit for Occupying and Using Greenbelts, etc.)
(1) Any person who intends to perform an act falling under any of the
following
subparagraphs in any greenbelt shall obtain a permit of occupation and use thereof
from the special metropolitan city
Mayor, metropolitan city Mayor, or head of the city
or Gun who manages the relevant greenbelt as prescribed by Presidential Decree,
provided, however, that the same shall not apply to any minor actions as prescribed by
Presidential Decree, such as the thinning
of a forest:
1. The action of installing any facility, constructing any building, or establishing any
installation other than facilities required
to create the greenbelt;
2. The action of changing the form and quality of any land;
3. The action of cutting down or planting bamboo and trees;
4. The action of collecting soil and stones; or
5. The action of piling up items.
(2) Upon receiving an application filed for a permit pursuant to Paragraph (1), the special
metropolitan
city Mayor, metropolitan city Mayor, or head of the city or Gun may
grant such permit on the condition that the occupation and use
of the greenbelt does
not impede the purposes for which the greenbelt was created nor the creation,
maintenance, and/or management
of such greenbelt.
(3) Persons eligible to occupy and use a greenbelt after obtaining a permit thereof
pursuant to Paragraph (1)
and standards for occupying and using the greenbelt shall be
determined by Presidential Decree.
(4) Paragraphs (1) and (2) shall apply mutatis mutandis to cases where it is intended to
change matters for which the occupation
and use permit is granted.
(5) Article 24 (5) shall apply mutatis mutandis to cases where any building is constructed
or any installations
are established on land classified as a site and located in the green
belt, and Article 25 shall apply mutatis mutandis to the restoration
of any greenbelt to
its original state.
CHAPTER VII COSTS
Article 39 (Bearing of Costs)
(1) Costs involved in building and managing urban parks, establishing and managing
park facilities, and creating and managing greenbelts
shall be borne by the local
government to which the administrative agency building and management of such
urban parks, installing
and managing of such park facilities, and creating and
managing such greenbelts belong, except in cases where this Act or other
laws and
regulations specifically otherwise provide for the bearing of such costs.
(2) Article 19 (2) through (4) shall apply mutatis
mutandis to the bearing of costs for any
urban park that spans not less than 2 administrative areas.
(3) Costs involved in building
any urban park or installing any park facilities, and which
are performed by any person other than the special metropolitan city
Mayor,
metropolitan city Mayor, or head of the city or Gun pursuant to Article 21 (1), shall be
borne by that person.
(4) Where any urban park or any park facilities are concurrently used with other facilities,
the bearing of costs involved in managing
the relevant urban park or the relevant park
facilities pursuant to Article 23 (1) shall be determined in consultation among the
park
administrative agency and the manager of other facilities.
(5) Where any greenbelt is created and managed pursuant to Article
37, costs involved in
creating and managing the greenbelt shall be determined through consultations of the
administrative agency
in charge of managing the greenbelt and the person specifically
causing any problem.
(6) Where no agreement is reached from the consultations under Paragraph (5), a joint
application for adjudication may be filed
with the Minister in the case of a special
metropolitan city or metropolitan city, and filed with the Do governor in the case of
a
city and Gun.
(1) Park management agencies, commissioned park managers, or any person who
manages an urban park or park facilities pursuant to
Article 21 (1) may collect
admission fees or park facility use fees only where the urban parks are equipped with
park facilities
whose standards are the same or higher than those set by Presidential
Decree.
(2) The amount of the admission fees and use fees that are collected by park management
agencies and commissioned park managers
pursuant to Paragraph (1), and necessary
matters concerning the methods of collecting the fees, shall be determined by the
Municipal
Ordinances of the relevant local governments to which the relevant park
management agencies belong, provided, however, that, in
cases where any person who
is not a management agency manages any urban park or any park facilities after being
commissioned by
a management agency, the amount of the admission fees and use
fees shall be determined by the relevant commissioned park manager.
(3) Any person who manages any urban park or any park facilities pursuant to the
provision of Paragraph (2) and Article 21 (1)
shall, where he/she determines or
changes admission fees, submit a report thereon to the park management agency.
Article 41 (Collection
of Occupation and Use Fees)
(1) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun may impose
and collect occupation and use fees from any person who occupies
and uses any urban park and any greenbelt after obtaining a permit
thereof pursuant to
Article 24 (1) or 38 (1), provided, however, that the same shall not apply to any
privately owned land.
(2) Necessary matters concerning the amount of occupation and use fees under Paragraph
(1) and concerning the methods for collecting
the fees shall be determined by the
Municipal Ordinances of local governments to which the relevant special metropolitan
city Mayor,
metropolitan city Mayor, or head of the city or Gun belong.
Article 42 (Reversion of Occupation and Use Fees, etc.)
Admission fees,
use fees, and occupation and use fees for urban parks or greenbelts and
other revenues derived from urban parks and greenbelts shall
become the revenue of the
local governments that impose and collect the fees, provided, however, that admission
fees and use fees
that are collected by any person pursuant to Article 40 (1), and who
manages any urban park or any park facilities pursuant to Article
21 (1), shall become
the revenues of the relevant collector.
Article 43 (Compulsory Collection of Occupation Fees)
With respect to any person who fails to pay the occupation and use fees provided
for
under this Act, the special metropolitan city Mayor, metropolitan city Mayor, or head of
the city or Gun shall collect the
occupation and use fees in question through the measures
used to collect local taxes in arrears.
Article 44 (Subsidies to Cover Costs)
(1) Subsidies may be provided from the National Treasury to fully or partially cover the
costs involved in urban park projects developed
by park management agencies as
prescribed by Presidential Decree.
(2) With respect to the costs involved in any urban park project developed by any person
who is not a park management agency, the
relevant local government may partially
subsidize such costs as prescribed by Presidential Decree.
CHAPTER VIII SUPERVISION
Article 45 (Actions Taken Against Violators of Laws and Regulations or Decrees)
With respect to any person falling under any of
the following subparagraphs, the special
metropolitan city Mayor, metropolitan city Mayor, or head of the city or Gun shall
revoke
any permit granted under this Act, suspend the effect of such a permit, suspend
his/her business for not more than 3 months, modify
such a permit, and take any other
necessary measures against him/her as prescribed by Presidential Decree:
1. Persons who have obtained a permit under Article 24 (1) or the provision of Article 27
(1) or 38 (1) by deceit or other illegal
means or have acted in violation of the contents
and intent of the permit; and
2. Persons who have violated this Act or any order or actions under this Act.
Article 46 (Supervisory Action and Compensation of
Loss for the Public Interest)
(1) In cases falling under any of the following subparagraphs, the special metropolitan
city Mayor,
metropolitan city Mayor, or head of the city or Gun may take actions
under Article 45 against any person who has obtained a permit
under Article 24 (1) or
the provision of Article 27 (1) or 38 (1) as prescribed by Presidential Decree:
1. Where it becomes difficult to implement the matters for which the permit was granted
or to continue the urban park project or
the greenbelt project as a result of any change
in circumstances; or
2. Where deemed necessary to develop another urban planning facility project, (limited to
the installation of such urban planning
facilities below the surface of the ground or
above ground).
(2) When any person suffers a loss incurred by any action under Paragraph (1), the
special metropolitan city Mayor, metropolitan
city Mayor, or head of the city or Gun
who takes such action shall compensate for such loss. In this case, when such loss is
incurred
due to actions taken pursuant to Subparagraph 2 of Paragraph (1), the special
metropolitan city Mayor, metropolitan city Mayor,
or head of the city or Gun may
have any person, who bears the cost of the urban planning facility project, compensate,
wholly or
partially, for such loss.
(3) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun shall discuss with any person who suffers
the loss matters relating to the
compensation for such loss under Paragraph (2).
(4) Where the special metropolitan city Mayor, metropolitan city Mayor, or head of the
city or Gun or the person who suffers a loss
fail to reach an agreement in their
discussions under Paragraph (2) or are unable to hold such discussions, they may file
an application
with the competent Land Expropriation Committee for adjudication.
(5) Articles 83 through 87 of the Act on the Acquisition of Land,
etc. for Public Works
and the Compensation Therefor shall apply mutatis mutandis to any adjudication under
Paragraph (4).
Article 47 (Hearings)
The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or Gun
shall, where they intend to implement a
revocation, pursuant to Article 45 or 46, of a
permit issued under this Act, hold a hearing thereon.
CHAPTER IX SUPPLEMENTARY PROVISIONS
Article 48 (Special Cases for Cultural Property, etc.)
(1) The Mayor/Do Governor shall, where intending to determine an urban management
plan involving an urban park, urban natural park area, or greenbelt in an area
designated as a historical site, scenic spot, natural
monument, etc., or a protection area
under the Protection of Cultural Properties Act, consult, in advance, with the
Administrator
of the Cultural Heritage Administration in relation to such determination.
(2) The urban park, urban natural park, or greenbelt
on which a decision is made after
undergoing a consultation under Paragraph (1) shall be built and managed as
prescribed by the
Protection of Cultural Properties Act.
Article 49 (Prohibition on Actions in Urban Parks, etc.)
(1) No person shall perform any
action falling under any of the following subparagraphs
in any urban park, urban natural park area, or greenbelt:
1. An action likely to cause damage to any park facilities;
2. An action likely to cause damage to any tree through the injection of foreign materials
into them;
3. An action likely to offend other persons due to the production of excessive noise or
foul odor;
4. Permitting accompanying pet animals to excrete or urinate, (in the case of urination,
limited to urine on seats), without collecting
such excrement; and
5. Other actions prescribed by Presidential Decree as significantly obstructing the
management of any urban park, urban natural park
area, or greenbelt.
(2) No person shall perform any action falling under any of the following subparagraphs
in any urban park or
any urban natural park area determined by the Municipal
Ordinances of the special metropolitan city, metropolitan city or the city
or Gun:
1. The action of peddling or selling goods on a street stall; and
2. The action of entering any urban park or any urban natural park area without using a
leash to restrain accompanying pet animals.
(3) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or
Gun shall erect information signs at the
entrances of urban parks or urban natural park
areas to which the prohibited acts apply pursuant to Paragraph (2).
Article 50 (Urban
Park Committee)
(1) A City/Do Urban Park Committee mandated to deliberate on matters involving Park
Green areas, which fall under each of the following
subparagraphs, shall be established
in the special metropolitan city or the metropolitan city or Do:
1. Counsel on the basic plan for Park Green areas;
2. Deliberation on park creation plans;
3. Deliberation on urban afforestation plans; and
4. Other matters placed by the Mayor/Do Governor on the agenda in connection with
park afforestation.
(2) A City/Gun Urban Park Committee mandated to deliberate on matters concerning
counsel on the basic plan for Park Green areas
and matters concerning park creation
plans and Park Green areas that are placed on its agenda by the head of the city/Gun
may be
established in the city/Gun.
(3) The City/Do Urban Park Committee and the City/Gun Urban Park Committee shall
each consist of 10 or more members, including one
chairperson and one vice
chairperson.
(4) The members of the City/Do Urban Park Committee and the City/Gun Urban Park
Committee shall be appointed or commissioned by
the Mayor/Do Governor or the
head of the city/Gun among public officials of administrative agencies concerned and
persons of considerable
learning and experience regarding urban parks, greenbelts,
urban planning, scenery, landscape architecture, forestry, urban ecology,
and Park
Green areas, etc.
(5) Necessary matters concerning the operation of the City/Do Urban Park Committee
and the City/Gun Urban Park Committee shall be
determined by the Municipal
Ordinances of the special metropolitan city, metropolitan city, Do, city, or Gun.
Article 51 (Urban
Park Register and Urban Natural Park Area Register)
(1) All park management agencies shall prepare and maintain a register of urban
parks in
its jurisdictional area, (hereinafter referred to as the "register of urban parks").
(2) The special metropolitan city
Mayor, metropolitan city Mayor, or head of the city or
Gun shall each prepare and maintain a register of urban natural park areas,
(hereinafter
referred to as the "register of urban natural park areas"), in its jurisdictional area.
(3) Entries in the register
of urban parks and the register of urban natural park areas and
other matters necessary for the preparation and maintenance thereof
shall be
determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.
Article 52 (Restrictions on the Disposal of National and Public Property)
Land and pertinent fixtures owned by the State or local
governments and located in urban
parks and greenbelts shall not be sold or transferred for purposes other than those
prescribed
under an urban management plan.
CHAPTER X PENAL PROVISIONS
Article 53 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by
imprisonment with prison labor for not more than
one year or by a fine not exceeding
five million won:
1. Any person who has built and managed any urban park or any urban facilities without
obtaining commission or authorization in violation
of Article 20 (1) or 21 (1);
2. Any person who has built and installed any facilities, any building, or any installations
in an urban park area, an urban natural
park area, or a greenbelt without obtaining a
permit thereof, or in violation of the matters for which the permit was granted, or
in
violation of Article 24 (1) or the provision of Article 27 (1) or Article 38 (1);
3. Any person who has obtained a permit under Article 24 (1) or the provision of Article
27 (1) or Article 38 (1) by deceit and/or
other illegal means; and
4. Any person who has collected admission fees from persons entering any urban park in
violation of Article 40 (1).
Article 54 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by a
fine not exceeding three million won:
1. Any person who has performed management other than the maintenance and repair of
any urban park or any park facilities in violation
of the provision of Article 23 (1);
2. Any person who has performed a prohibited act, (excluding any person who falls under
Subparagraph 2 of Article 53), in any urban
park, any urban natural park area, or any
greenbelt without obtaining a permit under Article 24 (1), the provision of Article 27
(1), or Article 38 (1), or in violation of the terms of the permit;
3. Any person who has collected admission fees without submitting a report thereof
pursuant to Article 40 (3), or in excess of the
reported amount; and
4. Any person who has damaged any park facilities in violation of Article 49 (1) 1.
Article 55 (Joint Penal Provisions)
If a representative of a legal person or an agent, employee or other workers of a legal
person or an individual commits an act falling
under Article 53 or 54 in connection with
the business of such legal person or such individual, the legal person and the individual
shall be punished by a fine provided for in the relevant Article in addition to the
punishment of the offender.
Article 56 (Civil Fines)
(1) Any person who has performed a prohibited act falling under Subparagraphs 2
through 5 of Article 49 (1) and each subparagraph
of Paragraph (2) of the same Article
shall be punished by a civil fine not exceeding 100,000 won.
(2) The civil fine under Paragraph
(1) shall be imposed and collected by the special
metropolitan city Mayor, metropolitan city Mayor, or head of the city or Gun as
prescribed by Presidential Decree.
(3) Any person who is dissatisfied with any action taken to impose a fine on him/her for
negligence pursuant to Paragraph (2) may
raise an objection with the special
metropolitan city Mayor, metropolitan city Mayor, or head of the city or Gun within 30
days
of the date on which he/she is notified of such action.
(4) Where any person who is subject to an action taken to impose a fine
on him/her for
negligence under Paragraph (2) raises an objection to such a civil fine pursuant to
Paragraph (3), the special metropolitan
city Mayor, metropolitan city Mayor, or head
of the city or Gun shall promptly notify the competent court of the fact and the
competent
court shall, upon receiving the notification, put the case on trial for the civil
fine according to the Non-Contentious Case Litigation
Procedures Act.
(5) Where any person fails to raise an objection and fails to pay the civil fine within the
period under Paragraph
(3), the civil fine in question shall be collected by referring to
the measures used to collect local taxes in arrears.
ADDENDA
(Government Organization Act)
This Act shall enter into effect six months after the date of its promulgation, provided,
however, that ···
Articles 2 through 5 Omitted
Article 6 (Amendment of Other Laws and Regulations)
(1) through <576> Omitted
Act on Urban Parks, Greenbelts, etc. shall be partially amended as per the following:
In Subparagraphs 1 (d) and 4 (i) of Article
2, Articles 14 (1) and (2), (except the
subparagraphs therein), 15 (2), 16 (4), 19 (5), 23 (4), 36 (2), and 51 (3), "Ordinance of
the Ministry of Construction and Transport" shall be amended to "Ordinance of the
Ministry of Land, Transport, and Maritime Affairs",
respectively.
Articles 3 (1) and (2), 4, (except the subparagraphs therein), 6 (3), 9 (1), (2), (4) and the
latter part of (5),
19 (3) and (4), and 39 (6) and (7), "Ordinance of the Minister of
Construction and Transport" shall be amended to "Ordinance of
the Minister of Land,
Transport, and Maritime Affairs", respectively.
<578> through <760> Omitted
Article 7 Omitted
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/aoupge281