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ACT ON URBAN PARKS, GREENBELTS, ETC

ACT ON URBAN PARKS, GREENBELTS, ETC.

[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). (3) Necessary matters concerning the standards and procedures for designating a pilot project under Paragraph (1) and the details of support for it, etc. shall be as prescribed by Presidential Decree.

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. (5) Paragraphs (2) through (4) shall apply mutatis mutandis to cases where the Do governor grants approval for the basic plan for Park Green areas. In this case, the "Minister" in Paragraphs (2) through (4) shall be deemed to be the "Do governor," the "heads of central administrative agencies" shall be deemed to be the "heads of administrative agencies," the "Central Urban Planning Committee" shall be deemed to be the "Local Urban Planning Committee", and the "special metropolitan city Mayor, the metropolitan city Mayor, or the Mayor" shall be deemed to be the "Mayor", respectively. Article 10 (Effect and Upgrade of the Basic Plan for Park Green areas) (1) The urban management plan concerning urban parks and urban natural park areas and greenbelts as part of any urban management plan, (referring to the urban management plan under Subparagraph 4 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply), shall be made to be compatible with the basic plan for Park Green areas.

(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. (4) Where the Minister issues adjudication in relation to an application under Paragraph (3), it shall be deemed that an agreement has been reached from the consultations under Paragraph (2). (5) Standards of building and managing urban parks under Paragraph (1) and the safety standards thereof shall be determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. Article 20 (Commission of Management of Urban Parks and Park Facilities) (1) The special metropolitan city Mayor, metropolitan city Mayor, or head of the city or Gun who manages urban parks pursuant to Article 19 (1) and (2), (hereinafter referred to as the "park management agency"), may commission the management of such urban parks or park facilities to any person who is not a park management agency. (2) Where a park management agency commissions the management of any urban park or any park facilities pursuant to Paragraph (1), they shall publish the details thereof. (3) Any person who manages any urban park or any park facilities after being commissioned to do so pursuant to Paragraph (1), (hereinafter referred to as the "commissioned park manager"), may vicariously perform the work of any park management agency as prescribed by Presidential Decree. Article 21 (Building and Installation of an Urban Park and Park Facilities by Other than a Park Management Agency)

(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. (7) Where the Minister or the Do governor issues adjudication for an application under Paragraph (6), it shall be deemed that an agreement has been reached from the consultations under Paragraph (5). Article 40 (Collection of Admission Fees, etc.)

(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) Article 1 (Effective Date)

This Act shall enter into effect six months after the date of its promulgation, provided, however, that ииииии the part of other laws and regulations amended under Article 6 of this Addenda, where such amended laws and regulations were promulgated but yet to enter into effect, shall enter into effect on the date when such amended laws and regulations enter into effect.

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


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