Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
[Enforced on July 8, 2009] [Presidential Decree No. 21623, Jul. 7, 2009, Partial Amendment] Ministry of Land, Transport, and Maritime Affairs (City Integrated Traffic Department) 02- 2110-6420
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Parking Lot
Act and matters necessary for the enforcement
thereof.
The term "case to alter the important items as prescribed by Presidential Decree" as
provided for under the latter part of Article
4-2 (2) means cases falling under any of the
following subparagraphs:
1. Where more than 10% of the designated area of an Improved Parking
Environment District is to be altered;
2. Where more than 30% of anticipated demand for parking is to be altered.
[This Article Newly Inserted by Presidential Decree No.
18467, Jun. 29, 2004]
Article 2-2 Deleted
1. Where the application of the criteria in the attached Table 1 is remarkably
incongruent due to its location characteristics of
a main road in the country, a remote place,
islands, and the downtown area or other special features in the region concerned;
2. The management district has no concerns with parking difficulties, as stipulated by
the Subparagraph 2 of Article 6 of the National
Land Planning and Utilization Act;
3. Where the criteria for the establishment of the attached parking lot, which shall be
established in single houses, apartment houses,
or office-tels among business facilities, is to
be designated by households or rooms;
4. In cases where the criteria for the establishment of a mechanical parking lot is
differently designated from the criteria for
the establishment of an attached parking lot in the
attached Table 1, taking into account the ratio of securing parking lots in
the district
concerned, the actual status of the use of the parking lot, and traffic conditions;
5. Where facilities like houses etc. are to be built within the district that restricts
public entrance, such as residential districts
of diplomats or dependents of diplomats in
foreign embassies in Korea;
6. Where factories with facility areas over 10,000 are to be built.
(2) In the event that it is deemed necessary to respond efficiently
with the
characteristics or the increase and decrease of parking lot demand, the Special Metropolitan
City, Metropolitan City,
Special Self-Governing Do, City or Gun may, within the half of the
criteria for the establishment of an attached parking lot in
the attached Table 1, intensify or
alleviate it by the Municipal Ordinance of the local government concerned. In this case, the
type and size of facilities in the attached Table 1 may be subdivided, and the degree of
intensification or alleviation may be
designated differently depending on the type and size of
each facility.
(3) Where the criteria for the establishment of an attached parking lot is to be
designated by Municipal Ordinance, as provided
for under the provision of Paragraphs (1)
and (2), the local government concerned may designate differently the criteria for the
establishment of attached parking lots by districts within the region thereof. 1. In the case of altering the use of a building structure, in which 5 years have passed
since the approval of the use with a total
floor area thereof not exceeding 1,000, provided,
that in case of the alteration into the use of performance halls, demonstration
sites,
auditoriums, and recreation facilities out of cultural or demonstration facilities, or the use of
multiplex houses and home
units out of housing, the same shall not apply; or
2. Where the mutual alteration of usages within the building structure concerned,
(excluded cases in which the area with high use
of the criteria for the establishment of
attached parking lot is increased).
Article 7 (Establishment of an Attached Parking Lot in Vicinity)
(1) The "scale as prescribed by Presidential Decree", as provided
for under the
former part of Article 19 (4) of the Act, refers to the scale with the number of 300 parking
motor vehicles, provided,
that in cases falling under each of the following subparagraphs, it
shall refer to the scale corresponding to the number of parking
motor vehicles as calculated
by the criteria for the establishment of an attached parking lot in the attached Table 1:
1. In the case of a facility at the place where traffic vehicles are prohibited from
passing under the regulations of Article 6 of
the Road Traffic Act;
2. In the case of installing the attached parking lot as established on the lot as
adjacent to the site of the facility or on the
lot as connected with the site of the facility by a
passage;
3. Where the site of a facility is adjacent to the road with a width not wider than 12m,
and the attached parking lot is established
so as to be adjacent to the road on the land opposite
the road, (referring to a lot in front of the facility that is located opposite
of the road adjacent
to the lot of the facility and the lot located at the right and left hands thereof).
(2) The scope of the
vicinity of the facility's lot, as provided for under the latter part
of Article 19 (4) of the Act, shall, within the range of each
of the following subparagraphs, be
prescribed by the Municipal Ordinance of the Special Self-Governing Do, City, Gun or Self-
Governing
Gu, (referring to "City/Gun/Gu" hereinafter): 1. Not exceeding 300m by the distance in a straight line or not exceeding 600m by
walking distance shall be the distance between
the border line of the site concerned and the
border line of the attached parking lot;
2. The Dong/Ri, (referring to administrative Dong/Ri. Hereinafter, the same shall
apply in this subparagraph), where the facility
concerned is located and the Dong/Ri in the
vicinity where the traffic to the facility concerned is admitted conveniently.
(3)
Deleted
(1) The location, use, and scale of the facility and the scale of the attached parking
lot, where the duty of the establishment
of the attached parking lot is exempted as provided
for under Article 19 (5) of the Act, shall be subject to any of the following
subparagraphs:
1. Location of facility:
a. The place where the Special Self-Governing Do governor or head of the City
/Gun/Gu, (referring to the
head of the special-governing Gu. Hereinafter,
referred to as the "head of the City/Gun/Gu"), admits that the establishment
of
the attached parking lot, as provided for under Articles 6 and 7, is
difficult due to the prohibition of motor vehicle traffic or
the current land
use situation in the vicinity, as provided for under Article 6 of the Road
Traffic Act;
b. The place where the head of the City/Gun/Gu admits that the entrance of the
attached parking lot as located by main roads in
the downtown area, etc.
might aggravate traffic congestion.
2. The use and scale of facilities:
The facilities that do not fall under sales facility or traffic facilities of not less than
10,000 in total floor area, or under the cultural and convention facility, (limited to
performance halls, demonstration sites, auditoriums),
recreation facilities, accommodation
facilities, or business facilities of not less than 15,000 in total floor area, (in cases where
the traffic of motor vehicles is prohibited as provided for under Article 6 of the Road Traffic
Act, referring to such facilities
as established within the scope of building permitted total
floor area by use, as prescribed by the Building Act);
3. Scale of the attached parking lot:
The scale with the number of parking vehicles not exceeding 300, (in cases where
traffic of
motor vehicles is prohibited under the provision of Article 6 of the Road Traffic Act,
referring to such scale as corresponding
to the number of parking vehicles that is calculated
by the criteria for the establishment of an attached parking lot in the attached
Table 1).
(2) The person who intends to exempt the duty for the establishment of an attached
parking lot under the provisions of
Article 19 (5) of the Act, shall submit the application for
exemption from parking lot establishment duty to the head of the City/Gun/Gu.
1. The location, use, and scale of the facility.
2. The scale of the attached parking lot to be established.
3. The expenses necessary for the establishment of an attached parking lot and
matters concerning the payment of the expenses concerned
in case of exemption from the
parking lot establishment duty.
4. The name (the name of both corporation and representative in case of judicial
persons) and address of applicant.
(3) Where a facility is located at the place as provided for under Item b of
Subparagraph 1 of Article 1, such attached parking
lots as necessary for freight stevedoring or
for the functional maintenance of facilities concerned shall be established, while
the
application for exemption from establishment duty shall be made only to the attached parking
lot in the appropriate scale.
In this case, the scale of an attached parking lot as necessary for
the functional maintenance of facilities concerned shall be
prescribed by Municipal
Ordinance of the City/Gun/Gu.
(1) Where the expenses for the establishment of an attached parking lot have been
paid by the proprietor of facilities under the
provision of Article 9, the head of the
City/Gun/Gu shall designate the parking lot which the proprietor of the facility concerned
can
use free of charge, among such off-road parking lots as established by the Special
Metropolitan City Mayor, Metropolitan City
Mayor, or head of the City/Gun/Gu, when
issuing the certificate of permit for building completion, (in case of building structure,
referring to the approval letter of use or temporal approval letter of use as provided for under
Article 22 of the Building Act),
provided, that the same shall not apply where there is no off-
road parking lot that can be used at the lot near the facility, as
corresponding to the range
under the provision of Article 7 (2).
(2) The period of free use of the parking lot, as provided for under the main
sentence of Paragraph (1), shall be calculated by
dividing the paid expenses for the
establishment of a parking lot by the collection fee under the criteria for collecting parking
fees of the parking lot concerned, at the time of issuing the certificate of permit for building
completion, in accordance with
the method as prescribed by the Municipal Ordinance of the
local government concerned.
(3) Where designating an off-road parking lot that the proprietor of the facility
concerned can use freely as provided for under
the text of Paragraph (1), the head of the
City/Gun/Gu shall designate the parking lot at the nearest from the facility concerned,
provided, that in cases where parking difficulties of the parking lot are serious or there is a
difficult situation as to use the
parking lot concerned, he/she might designate another parking
lot after obtaining the consent of the proprietor of the facility
concerned.
Article 11 (Existing Facilities)
(1) The "facilities as prescribed by Presidential Decree" in Article 19 (11) of the Act
means single house, apartment house, or
office-tel, and facilities having an area of not less
than 10 wherein it is possible to additionally establish an attached parking
lot in the
facility concerned or within the lot concerned.
(2) Detailed matters necessary for the method of establishment of an attached
parking lot as additionally established to the facility
under the provision of Paragraph (1)
shall be prescribed by the Municipal Ordinance of the local government concerned.
[This Article
Newly Inserted by Presidential Decree No. 18467, Jun. 29, 2004]
Article 12 (Alteration of Use etc. of an Attached Parking Lot)
(1) Where able to alter the use of an attached parking lot in accordance with the
provision of Article 19-4 (1) of the Act, cases
shall be subject to any of the following
Subparagraphs: 1. Where the head of the City/Gun/Gu admits that the use of the parking lot
concerned is actually impossible due to the prohibition
of motor vehicle traffic or the current
land use situation in the vicinity, as provided for under Article 6 of the Road Traffic
Act. In
this case, the use of post-alteration shall be limited to the case where there is no difficulty in
immediately restoring
into a parking lot when the reason not to use said facility as a parking
lot is extinguished, and the period of using it in the
altered use shall be limited to the period
impossible to use as a parking lot.
2. Where the head of the City/Gun/Gu admits that the use of a parking lot
concerned is actually possible, when altering the location
of a parking lot in the facility or
within the lot, (in cases where an attached parking lot is established in the vicinity of the
lot
of the facility concerned as provided for under Articles 7 (1) 2 or 3, referring to the lot in the
vicinity);
3. Where the exceeding portion receives the approval of the head of the
City/Gun/Gu, when the parking lot exceeds the criteria for
establishment or limited
establishment, (where the criteria for establishment or limited establishment is altered due to
the amendment
of Act or Ordinance after establishment of the facility), of the attached
parking lot of the facility concerned, as provided for
under Article 6 or Article 19 (10) of the
Act, it shall refer to the lot in the vicinity);
4. Where the parking lot receives the approval of the head of the City/Gun/Gu,
when all or part of a parking lot becomes useless
due to the city plan facility project, as
prescribed in Subparagraph 10 of Article 2 of the National Land Planning and Utilization
Act;
5. Where the attached parking lot established in the vicinity of the lot of the facility
concerned, as prescribed in Article 19 (4)
of the Act, is to be moved and established within
the range of the lot in the vicinity.
(2) In case of Subparagraph 2 of Paragraph (1), the use of the existing attached
parking lot shall be altered after the new attached
parking lot begins to be used, provided, that
in cases where a parking lot is established in the building structure that is extended
on the lot
of the existing parking lot, the same shall not apply.
Article 12-2 (Application for Confirmation of Safety Level etc. Concerning Mechanical
Parking Equipment) 1. Where the number of motor vehicles within the capacity of the mechanical
parking equipment shall be altered to a number not exceeding
that designated in the
certificate of safety level;
2. Where the entrance of mechanical parking equipment, passage, the scale of the
parking area, and safety equipment shall be altered
within the range of safety criteria
prescribed by Article 19-7 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 15017, Jun. 4, 1996]
Article 12-3 (Usage Inspection, etc. of Mechanical
Parking Lots)
(1) The term of validity of usage inspection shall be 3 years and that of regular
inspection shall be 2 years, as
prescribed in Article 19-9 (2) of the Act, provided, that in cases
where the regular inspection is not completed by the expiration
date of the term of validity
concerning usage inspection or regular inspection, although the regular inspection has been
applied
before the expiration date of the term of validity concerning usage inspection or
regular inspection, the term of validity concerning
usage inspection or regular inspection
shall be regarded as prolonged until the time of completion of the regular inspection.
(2)
The "unavoidable reasons as prescribed by Presidential Decree" as prescribed in
the provision of Article 19-9 (2) of the Act means
cases falling under each of the following
subparagraphs: 1. Where the use of a building structure and the mechanical parking lot becomes
impossible due to defects of the building structure
on which the mechanical parking lot is
established;
2. Where the use of the mechanical parking lot, (in cases where the establishment of
an attached parking lot is compulsory, as prescribed
in Article 19 of the Act, it shall be
excluded) is suspended;
3. Where there are such an unavoidable reasons as natural calamity or other reasons
as not to receive regular inspections.
(3) The person who intends to postpone the regular inspection for the reasons as
prescribed in each subparagraph of Paragraph (2)
shall, before the expiration date of the term
of validity concerning usage inspection or regular inspection, apply for a postponement
in
accordance with the Ordinance of Ministry of Land, Transport, and Maritime Affairs.
(2) A person who intends to be designated as a specialized inspection agency in
accordance with Paragraph (1) shall be equipped
with requirements falling under each of the
following subparagraphs:
1. He/she shall be a non-profit corporation with offices in the Special Metropolitan
City, a Metropolitan City, not less than 4 Dos,
and Special Self-Governing Dos;
2. He/she shall engage not less than 20 inspection personnel who have certificates of
not lower than industrial engineers in the
field of machine, electricity, or electronics.
(3) Where a specialized inspection agency falls under each of the following
subparagraphs,
the Minister may cancel the designation:
1. Where an agency is short of the requirements of each subparagraph of Paragraph
(2);
2. Where an agency is designated by illegal means;
3. Where an agency is markedly negligent concerning the duty of inspections.
(4) In the event that the Minister designates a specialized
inspection agency or
cancels the designation thereof, as prescribed by Paragraph (1) or (3), he/she shall give public
notice of
said fact.
(1) Any person who has made a registration of a repair business of mechanical
parking equipment as provided for under Article 19-14
(1), (hereinafter referred to as the
"repair business operator"), shall subscribe to insurance as provided for under Article 19-16
(1), and the amount of the insurance policy shall meet all the criteria of the following
subparagraphs:
1. The compensation limit per accident shall be not less than 100,000,000 won;
2. The compensation limit per victim shall be not less than 100,000,000 won.
(2) The repair business operator shall subscribe to
insurance as provided for under
Paragraph (1), prior to the date of starting the repair business and concluding the initial repair
contract.
(3) In the event that a repair business operator concluded the insurance contract,
he/she shall submit the documents proving the
conclusion of the insurance contract to the
competent head of the City/Gun/Gu within 30 days from the date of concluding the insurance
contract. Where the insurance contract is altered, the same shall also apply.
[This Article Newly Inserted by Presidential Decree
No. 18467, Jun. 29, 2004]
Article 12-8 (Alteration of Registered Matters)
The "important matters as prescribed by Presidential Decree", as provided for under
Subparagraph 1 of Article 19-17 (1) of the Act,
means matters falling under each of the
following subparagraphs:
1. The name of the corporation or representative;
2. The address of the place of business.
[This Article Newly Inserted by Presidential Decree No. 18467, Jun. 29, 2004]
Article 12-9
(Criteria for the Cancellation etc. of Registration)
(1) The criteria for the cancellation of registration and the suspension of
the relevant
business, as prescribed by Article 19-19 (2) of the Act, shall be as provided for in the attached
Table 1-3.
(2) Where the cancellation of registration and the suspension of the relevant business
is taken into action, as provided for under
Paragraph (1), the head of the City/Gun/Gu may
aggravate or reduce the penalty, taking account of the degree and frequency of violations.
In
this case, the cancellation of registration may be reduced to as much as 6 months of a
suspension of business, and the suspension
of business may be aggravated or reduced within
the range of 1/2 of the period of said relevant suspension of business.
[This Article
Newly Inserted by Presidential Decree No. 18467, Jun. 29, 2004]
Article 13 (Reduction or Exemption of Occupation Fees or Usage Fees)
(1) "Public facilities such as schools, etc. as prescribed by Presidential Decree", as
prescribed in Article 20 (2) of the Act,
means elementary schools, junior high schools, high
schools, government buildings in public use, parking lots, and playground.
Article 14 (Subsidies)
The state or a local government may subsidize person who establishes an off-road
parking lot with the expenses required for such
said establishment, within the scope of each
of the following subparagraphs, under the provision of Article 21 (1) of the Act:
1. Where the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of
the City/Gun/Gu establishes an off-road parking
lot, the whole or any part of the expenses
required for the establishment;
2. Where the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of
the City/Gun/Gu establishes an off-road parking
lot, 1/2 of the expenses required for the
establishment, (excluding land purchasing costs. Hereinafter, the same shall apply), may
be
subsidized when the area provided for the usage of parking is not less than 2,000, provided,
that in cases where the occupational
permission for state-owned and public land is obtained to
install the parking lot, 1/3 of the expenses required for the establishment
may be subsidized;
3. Where the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of
the City/Gun/Gu establishes an off-road parking
lot, 1/3 of the expenses required for the
establishment may be subsidized, when the area provided for the use of parking is not
less
than 1,000 and not exceeding 2,000, provided, that in cases where the occupational
permission for state-owned and public land
is obtained to install the parking lot, 1/5 of the
expenses required for the establishment may be subsidized.
Article 15 (Revenue
Source of the Special Account for Parking Lots)
(1) The "ratio as prescribed by Presidential Decree" as provided for under
Subparagraph
5 of Article 21-2 (2) of the Act means 10% of the collected amount of the city
planning taxes.
(2) The "payments as prescribed by Presidential Decree" as provided for under
Article 21-2 (3) 1 of the Act means such payments,
among the payments for expenses for the
establishment of an off-road parking lot as prescribed by Article 19 (5) of the Act, as
when
allowing for the free use of the off-road parking lot that the head of the Gu established.
[Wholly Amended by Presidential
Decree No. 15017, Jun. 4, 1996]
Article 16 (Supervision)
Where the head of the City/Gun/Gu intends to give a necessary order to an off-road
parking lot manager as prescribed by Article
23 (4) of the Act, he/she shall order in writing
stated with matters of the following subparagraphs:
1. The location and name of the off-road parking lot;
2. The name and address of the off-road parking lot manager (the name of the
judicial person and representative, in case of a judicial
person);
3. The reason for issuing the order;
4. The content required measures to be taken;
5. The period to take measures;
6. The content of measures against a breach of an order.
Article 16-2 Deleted
(1) The types and degrees of the violations which attract a penalty surcharge and the
amount of the penalty surcharge, as provided
for under the provisions of Article 24-2 (1),
shall be as provided in the attached Table 2.
(2) The head of the City/Gun/Gu may amend or reduce, within the range of 1/5 of
the amount, the penalty surcharge as prescribed
in Paragraph (1), taking account of the scale
of the off-road parking lot, the characteristics of the region where the off-road
parking lot is
established, the degree and frequency of violations and other specific reasons, as prescribed
by the regulations
of the local government concerned.
(2) The head of the City/Gun/Gu may reduce, within the range of 1/2 of the amount
prescribed in the attached Table 3, the fine for
negligence, taking into account the motive and
frequency of the violation concerned.
[This Article Newly Inserted by Presidential Decree No. 21623, Jul. 7, 2009]
Article 19 Deleted
This Decree shall enter into effect on July 8, 2009.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/edotpla324