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Laws of the Republic of Korea |
Article 1 (Purpose)
The purpose of this Act is to provide fundamental matters about the designation and management of districts zones, Etc in connection with land utilization to ensure the transparency of regulations on land utilization and thereby to contribute to the reduction of inconvenience to utilize land and the development of the national economy.
Article 2 (Definitions of Terms)
For the purpose of this Act, the definitions of terms used herein shall be as follows:
1. The term "Districts Zones, Etc" refers to a tract of land (including the sea level adjacent to the land if it is regulated along with the land. Hereinafter, the same shall apply.), where restrictions are imposed on the utilization and the preservation of land, including restrictions on the development activity, regardless of such name, such as districts, zones, areas, domains, estates and urban planning facilities, or the authorization and/or approval of land utilization, as prescribed by each Subsection of Article 5.
2. The term "Guide on Restrictions" refers to a guidebook containing standards,
procedures and required documents, Etc. for authorizations
and approvals, which
the general public should obtain according to the relevant laws and regulations or
self-governing enactments,
to construct facilities, including houses and factories,
as prescribed by a Presidential Decree.
Article 3 (Relationship with Other Laws and Regulations)
If there are provisions other than those of Article 8 in connection with
the
designation (including a case in which the scope of Districts Zones, Etc is
directly designated by the laws and regulations
or self-governing enactments
without separate procedures for designation. Hereinafter, the same shall apply.) and
operation of
Districts Zones, Etc in other laws and regulations, this Act shall
take precedence over other laws and regulations.
Article 4 (Ensuring Transparency in Restrictions on Land Utilization)
Laws and regulations or self-governing enactments that prescribe
Districts Zones,
Etc shall prescribe the purposes and standards for the designation and any
restrictions, etc, in a clear and
concrete way.
Article 5 (Restrictions on New Establishment of Districts Zones, Etc)
Unless specified in the following Subsections, Districts
Zones, Etc shall not be
established (including Districts Zones, Etc subdivided or amended. Hereinafter,
the same shall apply).
1. Districts Zones, Etc specified in the Table,
2. Districts Zones, Etc prescribed by Presidential Decrees according to the
delegation of other laws and regulations and prescribed
by the Enforcement
Decree of this Act, and,
3. Districts Zones, Etc prescribed by the ordinances of the prime minister or
other Ministers or the self-governing enactments and
announced on official
gazette by the Minister of Land, Transportation and Maritime Affairs (hereinafter
referred to as the " Minister").
Article 6 (Deliberation on New Establishment of Districts Zones, Etc)
(1) The head of the central administrative agency or local
government shall, in cases
of legislation or the amendment of the laws and regulations or self-governing
enactments purposed for
new establishment of Districts Zones, Etc, request
the Minister for the deliberation of the Deliberative Council with regards to
Restrictions on Land Utilization (hereinafter referred to as the "Council") under
Article 15 about whether the Districts Zones,
Etc to be newly established meet
the standards of the following Subsections prior to the notice of the legislation:
1. The Districts Zones, Etc to be newly established shall not be similar to or
duplicate the designated purpose or name of the existing
Districts Zones, Etc.
2. The Districts Zones, Etc to be newly established will be required to have a
definite purpose for new establishment.
3. Standards and requirements for the designation of the Districts Zones, Etc
shall be defined in a concrete and clear way.
4. Restricted activities in the Districts Zones, Etc shall be balanced with those of
other Districts Zones, Etc in light of the
designated purpose.
5. Other matters prescribed by a Presidential Decree.
(2) The head of the central administrative agency or local government shall,
in the
event of an application for deliberation under Section 1, make and submit a plan
for the designation and operation of Districts
Zones, Etc (hereinafter in this
Article referred to as the "Operation Plan").
(3) The Minister may, in the event that the new establishment of Districts or Zones,
Etc is found not to meet the standards of each
of the Subsections of Section 1 as a
result of deliberation under Section 1, request to the head of the central
administrative
agency or local government, which submitted the Operation Plan,
for reexamination or revision of the Operation Plan.
(4) Matters
necessary for making and submitting the Operation Plan shall be
prescribed by a Presidential Decree.
Article 6-2 (Deliberation on Reinforcement, Etc of Restricted Activities)
(1) The head of the central administrative agency or local
government shall, in the
case of a new enactment or reinforcement of restricted activities in
Districts Zones, Etc (hereinafter
in this Article referred to as the
"Reinforcement, Etc") under each subsection of Article 5, request to the Minister
for the deliberation
of the Council as to whether the draft of the laws and
regulations or self-governing enactment meets the standards of the following
Subsections prior to the notice of any legislation:
1. The Reinforcement, Etc of restricted activities in the Districts Zones, Etc shall
be balanced with those of other Districts
Zones, Etc.
2. The Reinforcement, Etc of restricted activities in the Districts Zones, Etc shall
be essential to achieving this goal.
3. The Reinforcement, Etc of restricted activities in the Districts Zones, Etc shall
meet other matters prescribed by a Presidential
Decree.
(2) The head of the central administrative agency or local government shall, in cases
of a requisition for deliberation
under Section 1, draw up and submit a plan
(hereinafter in this Article referred to as the "Plan") for Reinforcement, Etc of
restricted
activities.
(3) In the event that the Reinforcement, Etc of restricted activities is found not to
meet the standards of each of the Subsections
of Section 1, as a result of a
deliberation under Section 1, the Minister may request the head of the central
administrative agency
or local government that submitted the Plan for a
reexamination or revision of the Plan.
(4) Matters necessary for making and submitting the Plan shall be prescribed by a
Presidential Decree. [This Article Newly Inserted
by Act No. 9451, Feb. 6,
2009>
Article 7 (Restricted Activities, Etc in Project Districts)
(1) Laws and regulations or self-governing enactments in prescribed
Districts Zones, Etc for implementing the development project (hereinafter in
this Article referred to as the "Project Districts")
shall prescribe matters in detail
that require for permission or the overall permission on an amendment of the
head of the central
administrative agency concerned, in connection with each
action of the following Subsections, that may cause impediments to the
development projects in Districts Zones, Etc:
1. Construction of buildings,
2. Installation of structures,
3. Modification of the shape and quality of the land,
4. Gathering of earth and rocks,
5. Division of land,
6. Collection of goods, and
7. Other actions similar to the actions under Subsections 1 to 6 that may cause
impediments to a development project.
(2) Laws and regulations or self-governing enactments that prescribe the Project
Districts shall prescribe matters regarding the
following Subsections in a concrete
way:
1. Actions that may be carried out without obtaining permission or the permission
on amendments under Section 1, and
2. Matters about the continuance of works or projects, in the event that the work or
project had started at the time of designation
and announcement of the Project
District. 1. In the event that the scope of the Districts Zones, Etc is designated directly
according to the laws and regulations or self-governing
enactments without
separate proceedings for designation,
2. In the event that other laws and regulations or self-governing enactments provide
for the proceedings for a hearing of the opinions
of the district's residents,
3. In the event that the matter should be kept confidential for reasons of security, or
4. Other events prescribed by a Presidential Decree.
(2) The head of the central administrative agency shall, in cases of the designation
of Districts or Zones, Etc, make a drawing (hereinafter referred to as the
"Topographical Drawing") on which Districts Zones,
Etc are clearly marked
on a topographical map with the record of the land registration and make an
announcement on an official
gazette. Also, the head of the local government shall,
in the event of designating Districts, Zones, make the Topographical Drawing
and announce it in an official bulletin of the local government. Provided,
however, That, in cases of being prescribed by the Presidential
Decree, the
Topographical Drawing may not be announced to construct or a drawing clearly
marked with Districts Zones, Etc on a
cadastral map, Etc, may be made and
announced.
(3) Designation of Districts Zones, Etc that shall be announced by means of the
Topographical Drawing or a drawing (hereinafter
referred to as the
" Topographical Drawing, Etc") clearly marked with Districts Zones, Etc on a
cadastral map under Section 2
shall come into force at the time of announcement
of the Topographical Drawing, Etc. Provided, however, That, the same shall not
apply to cases prescribed by a Presidential Decree, as the announcement of a
Topographical Drawing, Etc is difficult at the time
of the designation of Districts
or Zones, Etc.
(4) The Topographical Drawing, Etc shall, in the case of the proviso of Section 3,
be announced by the day falling on two (2) years
from the date of the designation
of Districts Zones, Etc, and the designation shall, in the case of no
announcement of the Topographical
Drawing, Etc, become null and void from
the day following the day falling on two (2) years from the date of designation.
(5) When
the designation of Districts Zones, Etc has become null and void
according to Section 4, the designator of the Districts Zones,
Etc shall
announce the fact on an official gazette or official bulletin, and notify the
governor of Special autonomous Do, the
mayor, the head of Gun (including the
head of Gun under the jurisdiction of Metropolitan City. Hereinafter, the same
shall apply.),
or the head of Gu (referring only to the head of an autonomous Gu)
(hereinafter referred to as the "head of a City/Gun/Gu") whose
concern it is,
without delays. In this event, the head of a City/Gun/Gu shall register the details
on the national land utilization
information system under Article 12 (hereinafter
referred to as the "National Land Utilization Information System") for the review
of the general public.
(6) The head of the central administrative agency or local government may, in the
event that there is independently any person who
draws up and applies for the
designation of Districts Zones, Etc, require that such a person draws up and
submits a Topographical
Drawing, Etc necessary for the purpose of an official
announcements under Section 2.
(7) Detailed standards, methods, etc necessary for the drawing up of the
Topographical Drawing, Etc under Section 2 shall be prescribed
by a Presidential
Decree.
(8) The head of a central administrative agency or a local government shall, in case
of the announcement of the Topographical Drawing,
Etc under Section 2, provide
the related documents and notify matters as prescribed by the Presidential Decree,
including the date
appointed for an announcement, to the head of the
City/Gun/Gu in advance. Provided, however, That, in the event that the
Topographical
Drawings is not made and announced according to the proviso of
Section 2, matters prescribed by the Presidential Decree shall be
announced in
advance at the time of designating Districts Zones, Etc, and in the event that
the Topographical Drawing, Etc are
notified after the designation of
Districts Zones, Etc according to the proviso of Section 3, matters prescribed
by the Presidential
Decree shall be announced in advance at the time of
designating the Districts Zones, Etc and announcing the Topographical
Drawing,
Etc under Section 4.
(9) In the event of being notified under Section 8, the head of a City/Gun/Gu shall
register the details on the National Land Utilization
Information System for the
review of the general public from the day when the designation of the
Districts Zones, Etc becomes
effective. Provided, however, That, in the event
that the Topographical Drawing, Etc are announced after the designation of the
Districts Zones, Etc according to the proviso of Section 3, arrangements shall
be made in order that the general public may review
the Topographical Drawing,
Etc from the date of their announcement according to Section 4.
Article 9 (Designation of Districts Zones, Etc and Publication of Restricted
Activities)
(1) The Minister and the head of the local government shall provide the general
public with information regarding the designation
of Districts Zones, Etc and
restricted activities by lots using the National Land Utilization Information
System.
(2) In the event that Districts Zones, Etc are newly established or details of
restricted activities in Districts Zones, Etc are
amended, the head of the central
administrative agency shall notify the Minister of the details as prescribed by a
Presidential
Decree, in which case the Minister shall amend all details that are
provided through the National Land Utilization Information System.
(3) In the event that the Districts Zones, Etc are newly established or details of
restricted activities in the Districts Zones,
Etc are amended, the head of the
local government shall notify the Minister of the details as prescribed by the
Presidential Decree
and shall directly amend the details that are provided through
the National Land Utilization Information System.
Article 10 (Issuance, Etc of the Confirmation of the Land Utilization Plan)
(1) In the event of receiving an application for the
issuance of documents
(hereinafter referred to as the "Confirmation of Land Utilization Plan")
confirming matters of the following
Subsections, the head of a City/Gun/Gu shall
issue the Confirmation of the Land Utilization Plan as prescribed by the
Presidential
Decree:
1. Details about designation of Districts Zones, Etc,
2. Details of restricted activities in Districts Zones, Etc, and
3. Other matters prescribed by the Presidential Decree.
(2) Any person who applies for the issuance of the Confirmation of Land Utilization
Plan under Section 1 shall pay the head of a City/Gun/Gu a service fee prescribed
by the ordinance of the local government.
Article 11 (Guide on Restrictions)
(1) The Minister will draw up the Guide on Restrictions.
(2) To draw up the Guide on Restrictions, the Minister shall have an advance
consultation with the head of the administrative agency concerned, who shall
present his/her opinion within 30 days after receipt
of the request, without any
special reason.
(3) In the event of the drawing up the Guide on Restrictions, the Minister shall
announce it on an official gazette and offer it
for public review using the Land
Utilization Information System.
(4) The Guide on Restrictions shall include matters of the following Subsections:
1. Name, standards, proceedings and documents required for authorization,
permission, Etc for the subject project,
2. Name, standards, proceedings and documents required for the authorization,
permission, Etc for land utilization and development,
3. Name, standards, proceedings and documents required for the authorization,
permission, Etc for the construction of buildings,
and
4. Other matters prescribed by the Presidential Decree.
(5) In the event of an amendment of the details contained in the Guide on
Restrictions announced according to Section 3, the head of the central
administrative agency shall announce the fact, in which
the details of the Guide
on Restrictions have been amended along with the date of their effectuation, in an
official gazette on
the date of promulgation of the laws and regulations that
amend the details and shall be notified to the Minister of matters prescribed
by a
Presidential Decree, including the scheduled date for announcement, prior to
announcement. In this case, the Minister shall
amend the Guide on Restrictions
that is provided through the Land Utilization Information System so that it can be
made available
to the general public from the date of effectuation.
(6) In the event that the amendment of details contained in the Guide on
Restrictions
are announced according to Section 3, the head of the local
government shall announce the fact that the details of the Guide on
Restrictions
have been amended along with the date of effectuation in an official bulletin on
the date of promulgation of the self-governing
enactment that amends the details
and shall notify the Minister of matters prescribed by the Presidential Decree,
including the
scheduled date for an announcement, prior to the announcement. In
these cases, the head of the local government shall amend the
Guide on
Restrictions that is provided through the Land Utilization Information System so
that it could be available to the general
public from the date of effectuation.
Article 12 (Construction, Operation and Application of the National Land
Utilization Information System)
(1) The Minister and or mayors of Special Metropolitan City, mayors of
Metropolitan Cities, Do governors, the head of City/Gun/Gu
(hereinafter referred
to as the "Information System Operator") may construct and operate the National
Land Utilization Information
System for the efficient facilitation of services
concerned with land utilization and management.
(2) The Information System Operator may provide the general public with matters
of the following Subsections through the National
Land Utilization Information
System:
1. Details about the designation of Districts Zones, Etc,
2. Details of restricted activities in Districts Zones, Etc,
3. A Guide on Restrictions, and
4. Other matters prescribed by a Presidential Decree.
(3) The Information System Operator may establish a specialized department
for the
National Land Utilization Information System, if it is necessary, for the efficient
construction, operation and application
of the system.
(4) The heads of the administrative agencies, including the Minister of Public
Administration and Security, shall
help the Information System Operator to
establish a specialized department for the National Land Utilization Information
System,
if they establish it.
(5) Details of information managed by the National Land Utilization Information
System, and matters necessary for construction and
operation of the National
Land Utilization Information System, and the provision of information using the
system and services for
it shall be prescribed by a Presidential Decree.
Article 13 (Assessment on Results of Designation and Operation of
Districts Zones, Etc)
(1) The heads of the central administrative agencies and the local governments that
administer Districts Zones, Etc shall draw
up and submit a report regarding
restrictions on land utilization, including the results of the designation and
operation of Districts
Zones, Etc, to the Minister every two years.
(1) To ensure propriety regarding restrictions on land utilization, the Minister may
have the land utilization restriction assessment team (hereinafter referred to as the
"Assessment Team") established according
to Article 22 and assess the results of
the designation of Districts Zones, Etc based on the report about restrictions
on land
utilization submitted according to Section 1, and report to a Cabinet
council after the deliberation of the Council, and may request
the heads of the
central administrative agencies and local governments for improvements to the
system, including the merger and
abolition of Districts Zones, Etc.
(3) The heads of the central administrative agencies and local governments that
have been requested
for improvements of the system according to Section 2 shall
work out measures for improvements of the system, including the drafting
of
amendments to the laws and regulations or self-governing enactments for the
merger and abolition of Districts Zones, Etc, and
introduction of a system to
substitute the existing system for Districts Zones, Etc and shall have a
consultation with the Minister
unless there is special reason.
(4) Matters necessary for formulation and submission of the report about
restrictions on land utilization
shall be prescribed by a Presidential Decree.
Article 14 (Assessment on Details and Proceedings of Restricted Activities)
To ensure that the restricted activities will remain
balanced with regards to details
and proceedings among different Districts Zones, Etc, the Minister shall have the
Assessment
Team investigate and assess the details and proceedings of the
restricted activities in Districts Zones, Etc, every year as prescribed
by a
Presidential Decree, and may request the heads of the central administrative
agencies and local governments for improvements
to the system after the
deliberation of the Council on the assessment results.
Article 15 (Deliberative Council on Land Utilization Restrictions)
(1) The Deliberative Council on Land Utilization Restrictions
shall be established in
the Ministry of Land, Transportation and Maritime Affairs to deliberate on
matters regarding the new establishment
of Districts Zones, Etc.
(2) The Council shall deliberate on matters of the following Subsections:
1. Matters regarding the new establishment of Districts Zones, Etc,
2. Matters regarding assessment results on the designation and operation of the
Districts Zones, Etc,
3. Matters regarding assessment results on the details and proceedings of the
restricted activities in Districts Zones, Etc,
4. Matters regarding the reinforcement of restricted activities in specified
Districts Zones, Etc, and
5. Other matters referred to a meeting as the chairperson deems it necessary.
Article 16 (Organization of the Council, Etc)
(1) The Council shall consist of members not exceeding twenty persons, including a
chairperson and a vice-chairperson.
(2) The Minister shall be the chairperson of the Council and the vice-minister of
Environment shall be the vice-chairperson of the
Committee.
(3) Council members excluding the chairperson and the vice-chairperson shall be
made up of persons falling under any
of the following Subsections:
1. Government officials prescribed by a Presidential Decree among officials
belonging to the central administrative agencies that
administer
Districts Zones, Etc,
2. Persons appointed by the Minister on the recommendation of the heads of the
central administrative agencies that administer Districts
Zones, Etc are
appointed according to their knowledge and experience in connection with the
designation of the Districts Zones,
Etc.
(4) Appointed members' tenure of office shall not exceed two years.
Article 17 (Reasons for Disqualification of Members)
(1) Any person falling under any of the following Subsections shall not be
permitted to become a member of the Council:
1. A person under age, and or an incompetent or a quasi-incompetent person,
2. A person who has not been reinstated after having declared bankruptcy,
3. A person who was sentenced to a punishment of imprisonment without labor or
heavier, until two years has passed since the sentence
of the punishment was
completed (including cases where the sentence is deemed to be completed) or
exempted, or
4. A person who is on probation after having been sentenced to a stay of execution
of a punishment of imprisonment without labor
or heavier.
(2) When a member falls under any of the Subsections of Section 1, he/she shall be
disqualified from that day forward.
Article 18 (Duties of Chairperson and Others)
(1) The chairperson of the Council shall represent the Committee and preside over
the business of the Council.
(2) The vice-chairperson of the Council shall assist the chairperson and shall act as
the chairperson when the chairperson is unable
to perform his/her duties for
unavoidable reasons.
(3) In the event that both the chairperson and the vice-chairperson are unable to
perform their duties for unavoidable reasons,
a member that was appointed in
advance by the chairperson shall act as the chairperson.
Article 19 (Convocation of Meeting and Quorum for Decision)
(1) The chairperson of the Council shall convene a meeting and shall
chair the
meeting.
(2) A meeting shall convene for the deliberation of a bill only with the presence of a
majority of the registered members and the
decision shall be made by a majority
vote of the members present. Provided, however, That the matter prescribed in
Subsection 2,
Section 2, Article 15, shall be decided by a majority vote of the
registered members.
Article 20 (Secretary and Clerk)
(1) The Council shall have a secretary and a clerk.
(2) The secretary and the clerk shall be appointed by the chairperson among
the
government officials of the Ministry of Land, Transportation and Maritime
Affairs.
(3) The secretary shall take charge of the affairs of the Council as instructed by the
chairperson, and the clerk shall assist the
secretary.
Article 21 (Detailed Rules for Administration)
Matters necessary for the installation and operation of the Council shall be
prescribed by a Presidential Decree.
Article 22 (Land Utilization Restriction Assessment Team)
(1) The Council may establish and operate a land utilization restriction
assessment
team to deal with matters of the following Subsections:
1. The examination and assessment of the actual conditions of the designation and
operation of the Districts Zones, Etc,
2. The investigation and assessment on the details and proceedings of the restricted
activities of a District Zones, Etc, and
3. Professional and technical studies and advice on the restrictions of land
utilization.
(2) The head of the Assessment Team shall be a person who the appointed members
elect as their head, amongst the appointed members.
(3) Matters necessary for the organization and operation of the Assessment Team
shall be prescribed by a Presidential Decree.
Article 23 (Entrust of Affairs)
The Information System Operator may entrust the operation of the National Land
Utilization Information System to institutions or
organizations prescribed by a
Presidential Decree.
Article 24 (Legally Fictitious Government Official in the Application of the Penal
Provisions)
Any person falling under any of the following Subsections shall be considered a
government official when the provisions of Articles
127 and 129 through 132 of the
Criminal Act apply:
1. A non-governmental member of the Council,
2. A non-governmental member of the Assessment Team, or
3. A person (refers to a person that is not a member of an administrative agency)
who conducts affairs entrusted according to Article
23 or an employee under that
person's jurisdiction.
(2) (Amendment of Other Laws and Regulations) Part of the Framework on
Restrictions on Land Utilization shall be amended as follows:
Serial No. 237 is newly inserted into the Table as follows:
237 Article 7, the Special Act on the
Application of Infrastructure for the
Agricultural Production and Utilization
of Neighboring Districts
Zone for Application
of the Infrastructure
for Agricultural
Production and the
Utilization of
Neighboring
Districts
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