ENFORCEMENT DECREE OF THE NATURAL PARKS ACT
ENFORCEMENT DECREE OF THE NATURAL PARKS ACT
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|Presidential Decree No. |9993, |Aug. |18, |1980 |
|Amended by Presidential Decree No. |12205, |Jul. |1, |1987 |
|Presidential Decree No. |12781, |Aug. |18, |1989 |
|Presidential Decree No. |12799, |Sep. |5, |1989 |
|Presidential Decree No. |12895, |Jan. |3, |1990 |
|Presidential Decree No. |12899, |Jan. |3, |1990 |
|Presidential Decree No. |12936, |Mar. |2, |1990 |
|Presidential Decree No. |13184, |Dec. |18, |1990 |
|Presidential Decree No. |13869, |Mar. |6, |1993 |
|Presidential Decree No. |14222, |Apr. |30, |1994 |
|Presidential Decree No. |14438, |Dec. |23, |1994 |
|Presidential Decree No. |14447, |Dec. |23, |1994 |
|Presidential Decree No. |14450, |Dec. |23, |1994 |
|Presidential Decree No. |14920, |Feb. |22, |1996 |
|Presidential Decree No. |15106, |Jul. |1, |1996 |
|Presidential Decree No. |15598, |Dec. |31, |1997 |
|Presidential Decree No. |15703, |Feb. |28, |1998 |
|Presidential Decree No. |15715, |Feb. |28, |1998 |
|Presidential Decree No. |15734, |Feb. |28, |1998 |
|Presidential Decree No. |16057, |Dec. |31, |1998 |
|Presidential Decree No. |16163, |Mar. |3, |1999 |
|Presidential Decree No. |16326, |May. |24, |1999 |
| |Article 1 (Purpose) |
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| |The purpose of this Decree is to provide necessary matters for the enforcement of the Natural Parks Act |
| |Natural Parks Act |
| |(hereinafter referred to as the “Act”). |
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| |Article 2 (Park Facilities) |
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| |The park facilities as referred to in the provisions of subparagraph 7 of Article 2 of the Act |
| |Natural Parks Act |
| |, mean the following facilities which are installed in a park zone or a park protection zone: |
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| |1. |
| |Facilities necessary for human and material transportation by an automobile, vessel, helicopter, etc., using roads (including inquiry |
| |roads), bridges, railroads and cableways; |
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| |2. |
| |Souvenir stores, stores selling things for inquiry, stores selling things of daily necessity, pharmacies, |
| |food-and-entertainment-business facilities, and cooking-and-sales-business facilities, public-bath facilities, barbershops and beauty |
| |parlors, and such commercial facilities as recreational halls and indoor performance places, etc.; |
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| |3. |
| |Such boarding or lodging facilities as hotels, inns, youth hostels, mountain retreats, etc.; |
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| |4. |
| |Such public facilities as park maintenance offices, ticketing offices, post offices and police boxes, etc., and such business and |
| |medical facilities as banks, hospitals, etc.; |
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| |5. |
| |Such gymnastic facilities as swimming pools, race courses, etc. (excluding golf courses and ski slopes), cruising courses, children’s |
| |playgrounds, plazas, camping grounds, juniors’ and teenagers’ training facilities, rest areas, observatories, shelters, reservoirs, |
| |fishing grounds, water supply and drainage facilities, sanitation facilities, such recreational and convenience facilities as public |
| |lavatories, etc.; |
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| |6. |
| |Such cultural facilities as botanical gardens, zoos, aquariums, museums, exhibition halls, outdoor performance places, natural |
| |learning places, etc.; |
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| |7. |
| |Protection facilities for the protection of park resources, landscape-design facilities for the creation of proper park environment |
| |and safety facilities for ensuring the safety of visitors, such as the protection embankment, shore protection, fire prevention |
| |facilities, palisades, afforestation facilities and landscape-design facilities, etc.; and |
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| |8. |
| |Incidental facilities of those as referred to in the provisions of subparagraphs 1 through 7. |
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| |Article 2-2 Deleted. |
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| |Article 3 (Consultation and Adjudication on Designation of Do’s Parks and Kun’s Parks) |
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| |(1) In a case where a zone, which is intended to be designated as a Do’s park or a Kun’s park under the provisions of Articles 5 and 6|
| |of the Act |
| |Natural Parks Act |
| |, extends over the sphere of jurisdiction of another Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as |
| |the “ Do”), or of a Si/Gun (hereinafter referred to as the “ Gun”), the consultation with the said Special Metropolitan City Mayor, |
| |Metropolitan City Mayor or Do governor (hereinafter referred to as the “Do governor”), or with the head of the said Si/Gun |
| |(hereinafter referred to as the “head of Gun”), shall precede the deliberation of the Council of Comprehensive Plans for Do |
| |Construction Undertakings and the Gun Park Commission. |
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| |(2) In a case where the consultation as referred to in the provisions of paragraph (1) has failed to lead to an agreement, an |
| |application for an adjudication may be made, in case of a Do’s park, to the Minister of Environment, and in case of a Kun’s park, to |
| |the Do governor. |
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| |(3) In a case where the adjudication, as referred to in the provisions of paragraph (2), has been passed out, it shall be regarded as |
| |the same thing as an agreement reached through the consultation as referred to in the provisions of paragraph (1). |
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| |Article 4 (Criteria for Designation) |
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| |The criteria for the designation of a park, as prescribed in the provisions of Article 8 of the Act |
| |Natural Parks Act |
| |, shall be as shown on the following table. |
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| |[This Article Wholly Amended by Presidential Decree No. 12205, Jul. 1, 1987] |
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| |Article 5 (Repeal, etc. of Parks) |
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| |The term, “a case where it is absolutely necessary for such military purposes or public interest as prescribed by the Presidential |
| |Decree, or where natural disasters or other causes have rendered the park in question impossible to be used as a park any more” in the|
| |provisions of Article 9 (1) 1 of the Act |
| |Natural Parks Act |
| |, means one of the following cases: |
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| |1. |
| |In a case where the Minister of National Defense finds it absolutely necessary for military operations, for the establishment of |
| |military facilities or for the protection of military secrets; |
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| |2. |
| |In a case where it is acknowledged to be absolutely necessary for the sake of such a project as is to be executed in accordance with |
| |Acts and has something to do with rivers, reclamation, clearing, harbors (including fishing ports), generation of electricity, |
| |railroad, communication, broadcasting, meteorological observation, irrigation water or aviation; |
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| |3. |
| |In a case where it is acknowledged to be absolutely necessary in order to provide a proper location for a government building, |
| |elementary school, middle school, important research institute, laboratory or cultural facilities to be established by the State or a |
| |local government; |
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| |4. |
| |In a case where it is acknowledged to be absolutely necessary in order to construct factories of such basic industries of the State, |
| |as oil refining, iron manufacture, fertilizer manufacture, complex machinery manufacture, etc.; |
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| |5. |
| |In a case where it is acknowledged to be absolutely necessary for the development of such resources as have a vital effect on the |
| |national economy; |
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| |6. |
| |In a case where it is acknowledged to be absolutely necessary in order to modify or execute a nationwide plan, as referred to in the |
| |provisions of Article 15 of the Act |
| |Natural Parks Act |
| |on Comprehensive Plans for Construction in the National Territory, or a specific regional plan, as referred to in the provisions of |
| |Article 16 of the same Act; |
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| |7. |
| |In a case where it is extremely hard to recover as a park because of an earthquake, flood, landslide, forest fire, or other natural |
| |disasters corresponding to the said ones; and |
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| |8. |
| |In a case where it has come to be unnecessary to retain a park as a park since a collective village has been formed, or such |
| |facilities as a crematory, a shooting range, etc., which are unusable as a park, have been installed on the boundary, or in the |
| |adjacent area, of the park zone in question. |
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| |Article 6 (Slight Changes of Park Zones) |
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| |The insignificant matters which may be executed through the deliberation of the Parks Commission concerned under the provisions of |
| |proviso of Article 9 (3) of the Act |
| |Natural Parks Act |
| |, shall refer to the change of incorporating part of a park protection zone into a park zone. |
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| |Article 7 (Written Demand for Park Planning) |
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| |The following subject matters concerning the park planning shall be included in the written demand for the park planning as referred |
| |to in the provisions of Article 10 (3) of the Act |
| |Natural Parks Act |
| |, and in a case where it is possible to indicate the park planning in a drawing, the drawing shall be submitted together with the park|
| |plan. In this case, the drawing shall be made on a topographical map of the scale reduced not less than 1 to 50,000: |
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| |1. |
| |The types; |
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| |2. |
| |The purpose and reasons; |
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| |3. |
| |The contents and scale; |
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| |4. |
| |The amount of the project expenses; |
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| |5. |
| |The period of execution; |
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| |6. |
| |Anticipated results; |
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| |7. |
| |The scheme of the restoration into the original state or of the landscape design; and |
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| |8. |
| |The pre-estimate concerning the effect on the natural ecosystem, the measure(s) for the protection of important wild animals and |
| |plants, and the measure(s) for the prevention of environmental pollution. |
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| |Article 8 (Slight Changes of Park Planning) |
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| |The term, “alteration of such a minor matter as prescribed by the Presidential Decree” in the proviso of Article 13 (1) of the Act |
| |Natural Parks Act |
| |, means any of the following cases: |
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| |1. |
| |In case of adjusting the sizes of the specific use districts, subdivided pursuant to the provisions of Article 16 (3) of the Act |
| |Natural Parks Act |
| |, within a collective facilities district; |
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| |2. |
| |In case of changing the location of the park facilities, to be installed in a district other than a collective facilities district, |
| |into a collective facilities district; |
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| |3. |
| |In case of changing a collective facilities district into a nature preservation district, a natural environment district or a village |
| |district, and in case of changing a village district into a nature preservation district or a natural environment district; |
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| |4. |
| |In a case where the park management authority establishes facilities, of a floor space not exceeding 1,000㎡, from among the |
| |facilities and incidental facilities as prescribed in the provisions of subparagraph 4, 5 or 7 of Article 2; and |
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| |5. |
| |In case of adjusting, in the direction of reduction, the park facilities program already determined and given a public notice of, or |
| |in case of changing the lot size, for the park facilities, as prescribed in the said program, within the scope of ten hundredths. |
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| |Article 8-2 (Criteria for Appropriateness Review of Park Planning) |
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| |(1) In reviewing the park planning to see whether it is appropriate or not under the provisions of Article 13 (2) of the Act |
| |Natural Parks Act |
| |, appropriateness of the park planning shall be evaluated in terms of the fluctuation of the inquiring and visiting propensity of park|
| |users, future demand for parks, the park management program, etc. |
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| |(2) In reviewing the appropriateness of a park zone in accordance with the provisions of Article 13 (2) of the Act |
| |Natural Parks Act |
| |, the criteria for the designation as referred to in the provisions of Article 4 and the matters of the following specifications shall|
| |be taken into consideration: |
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| |1. |
| |Such regional peculiarities, of the park zone in question, as the progress of making streets or the state of environmental |
| |preservation, etc., within the boundary area of the park concerned; |
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| |2. |
| |The preservation value of the natural and cultural resources, and the topographical condition, of the park zone in question; |
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| |3. |
| |The location, size, convenience for utilization, of the park zone in question, and the current situation of the land ownership, such |
| |as the proportion between the State-owned or public land and the privately-owned land, etc., of the park zone in question; |
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| |4. |
| |Protection of the area surrounding the park concerned; |
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| |5. |
| |Clearness of the boundary line of the park concerned with such topographical conditions as roads, rivers, etc., taken into |
| |consideration; |
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| |6. |
| |The preservation value of the natural landscape or ecosystem of the area around the park in question, and the necessity of protecting |
| |important wild animals and plants thereof; |
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| |7. |
| |Maintaining the safety and continuousness of the park management; and |
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| |8. |
| |The effect of the adjustment of the park zone on the pertinent park at large. |
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| |[This Article Newly Inserted by Presidential Decree No. 18106, Jul. 1, 1996] |
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| |Article 8-3 (Evaluation of Effects on Natural Environment) |
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| |(1) In deciding or changing the park planning, the park management authority shall evaluate the following subject matters in |
| |accordance with the provisions of Article 15 (2) of the Act |
| |Natural Parks Act |
| |: Provided, That this provisions shall not apply in case alterations are sought on such minor matters as prescribed by the Ordinance |
| |of the Ministry of Environment: |
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| |1. |
| |Investigation of the current environmental conditions; |
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| |2. |
| |Analysis of the changes in the natural ecosystem; |
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| |3. |
| |Analysis of the changes in the quality of air and water; |
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| |4. |
| |Analysis of the wastes discharging situation; and |
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| |5. |
| |The plan for decreasing baneful effects on the environment. |
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| |(2) Deleted. |
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| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
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| |Article 9 (Subdivision of Collective Facilities District) |
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| |(1) When subdividing the collective facilities district in accordance with the provisions of Article 16 (3) of the Act |
| |Natural Parks Act |
| |, the following standards shall be observed: |
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| |1. |
| |Commercial facilities area: the area in need of the facilities as referred to in the provisions of subparagraph 2 of Article 2 and |
| |their incidental facilities; |
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| |2. |
| |Accommodation facilities area: the area in need of the facilities as referred to in the provisions of subparagraph 3 of Article 2, and|
| |in need of birthplaces and their incidental facilities; |
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| |3. |
| |Public facilities area: the area in need of the facilities as referred to in the provisions of subparagraph 4 of Article 2 and their |
| |incidental facilities; |
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| |4. |
| |Green-belt area: the area in need of such public facilities as small-scale public lavatories and information bureaus, etc., for the |
| |purpose of the landscape design, and the protection and management, of the park in question; |
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| |5. |
| |Other facilities area: the area in need of facilities other than those as referred to in the provisions of paragraph (1) through (4); |
| |and |
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| |6. |
| |Reserved land: the spare land set aside in anticipation of various needs coming from the future increase of park visitors. |
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| |(2) In one of the following cases, the commercial facilities area, as provided in paragraph (1) 1, may include the area in need of |
| |facilities, as referred to in the provisions of subparagraph 3 of Article 2, and their incidental facilities, and the accommodation |
| |facilities area, as provided in paragraph (1) 2, may include the area in need of facilities, as referred to in the provisions of |
| |subparagraph 2 of Article 2, and their incidental facilities: |
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| |1. |
| |The area designated as a hot spring district under the provisions of Article 3 of the Hot Spring Act |
| |Hot Spring Act |
| |; and |
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| |2. |
| |The Do’s parks and Kun’s parks deemed particularly necessary in consideration of their geographical conditions and the convenience of |
| |their visitors, etc. |
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| |[This Article Wholly Amended by Presidential Decree No. 12205, Jul. 1, 1987] |
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| |Article 10 (Vicarious Fulfillment of Duties concerning Protection, etc. of National Parks) |
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| |In case the Minister of Environment intends to have the National Parks Management Corporation or the Do governor vicariously fulfill |
| |part of his duties relating to the protection of the national parks and to the maintenance and management of the park facilities under|
| |Article 17 (2) of the Act |
| |Natural Parks Act |
| |, he shall give public notice of the following matters. In this case, the Minister of Environment shall consult with the Minister of |
| |Planning and Budget, prior to the said public notice: |
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| |1. |
| |The titles of the national parks concerned; and the spheres of the park zone and park protection zone concerned; and |
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| |2. |
| |The contents and scope of the duties to be fulfilled vicariously. |
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| |[This Article Wholly Amended by Presidential Decree No. 12205, Jul. 1, 1987] |
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| |Article 11 (Composition of National Parks Commission) |
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| |(1) The National Parks Commission as referred to in the provisions of Article 19 of the Act |
| |Natural Parks Act |
| |(hereinafter referred to as the “Commission”), shall consist of not more than 20 members, including a chairman and a vice-chairman and|
| |some special members. |
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| |(2) The position of the chairman shall be filled by the Vice-Minister of Environment, and that of the vice-chairman, by the person |
| |elected by mutual votes from among the members of the Commission. |
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| |(3) The persons of the following specifications shall be the members of the Commission: |
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| |1. |
| |The person who is appointed by the head of the competent government agency, from among the public officials of the second grade or |
| |higher of the Ministry of Finance and Economy, the Ministry of Government Administration and Home Affairs, the Ministry of National |
| |Defense, the Ministry of Culture and Tourism, the Ministry of Agriculture, the Ministry of Environment, the Ministry of Construction |
| |and Transportation, the Ministry of Maritime Affairs and Fisheries, the Forestry Administration, and the Ministry of Planning and |
| |Budget; |
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| |2. |
| |The president of the National Parks Management Corporation; |
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| |3. |
| |The head of the general affairs bureau of the Chogye Sect of Korean Buddhism; and |
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| |4. |
| |The person who is commissioned by the Minister of Environment, from among the persons of rich knowledge and experience in park |
| |affairs. |
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| |(4) The persons of the following specifications shall be the special members of the Commission: |
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| |1. |
| |Administrative vice-mayor or administrative vice-governor of the Do having control over the park zone concerned (hereinafter, |
| |referring to the first administrative vice-mayor in the case of the Special Metropolitan City); and |
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| |2. |
| |The person who has contributed not less than one thousandth of the land of the park zone concerned, and at the same time, has been |
| |commissioned by the Minister of Environment. |
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| |(5) The special members shall be the members of the Commission only when deliberating upon matters concerning the park in question. |
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| |(6) The term of office of the members as referred to in the provisions of paragraph (3) 4 and of the special members as referred to in|
| |the provisions of paragraph (4) 2, shall be two years. |
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| |(7) The chairman shall exercise overall control over the official matters of the Commission, and preside at the meetings of the |
| |Commission. |
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| |(8) The vice-chairman shall assist the chairman, and in a case where the chairman is absent by any accident, the former shall act for |
| |the latter. |
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| |(9) The Commission shall have one executive secretary whose responsibility is to take care of the general affairs of the Commission, |
| |and the said executive secretary shall be appointed by the Minister of Environment, from among the public officials of the fourth |
| |grade, belonging to the Ministry of Environment. |
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| |Article 12 (Operation, etc. of National Parks Commission) |
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| |(1) The meeting of the Commission shall be convened by the Minister of Environment, in case he deems it necessary. |
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| |(2) Attendance by a majority of the whole Commission members shall constitute a quorum for a valid meeting of the Commission, and |
| |approval of a majority of the Commission members present shall pass a resolution of the Commission: Provided, That in case of a tie |
| |vote, the chairman shall have the decision authority. |
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| |(3) Necessary matters concerning the operation of the Commission shall be determined by the chairman through the resolution of the |
| |Commission. |
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| |Article 13 (Do’s Parks Commission) |
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| |(1) The Do’s Parks Commission shall consist of not more than 15 members, including a chairman, a vice-chairman and some special |
| |members. |
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| |(2) The position of the chairman shall be filled by a vice-governor, and the positions of the members shall be filled by the persons |
| |appointed or commissioned by the Do governor, from among the persons of the following specifications: |
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| |1. |
| |The public officials of the administrative agencies concerned; and |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The persons of rich knowledge and experience in park affairs. |
| | |
| | |
| | |
| | |
| | |
| |(3) The persons of the following specifications shall become the special members: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The head of Gun who has jurisdiction over the park zone in question; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The person who has contributed not less than one thousandth of the land of the park zone in question, and at the same time, has been |
| |commissioned by the Do governor; and |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The person commissioned by the Do governor, from among the head priests of the Buddhist temples located within the park zone in |
| |question. |
| | |
| | |
| | |
| | |
| | |
| |(4) The provisions of Article 11 (5) shall apply mutatis mutandis to the special members as referred to in the provisions of paragraph|
| |(3). |
| | |
| | |
| | |
| |Article 14 (Kun’s Parks Commission) |
| | |
| | |
| | |
| |(1) The Kun’s Parks Commission shall consist of not more than 10 members, including a chairman, a vice-chairman and some special |
| |members. |
| | |
| | |
| | |
| | |
| | |
| |(2) The position of the chairman shall be filled with a vice-mayor or a deputy head of Gun, and the positions of the members shall be |
| |filled with the persons appointed or commissioned by the head of Gun, from among the persons of the following specifications: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The public officials of the administrative agencies concerned; and |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The persons of rich knowledge and experience in park affairs. |
| | |
| | |
| | |
| | |
| | |
| |(3) The persons of the following specifications shall become the special members: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The head of Eup/Myeon (hereinafter referred to as the “head of Myon)” who has jurisdiction over the park zone in question; and |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The person who has contributed not less than one thousandth of the land of the park zone in question, and at the same time, is |
| |commissioned by the head of Gun. |
| | |
| | |
| | |
| | |
| | |
| |(4) The provisions of Article 11 (5) shall apply mutatis mutandis to the special members as referred to in the provisions of paragraph|
| |(3). |
| | |
| | |
| | |
| |Article 15 Deleted. |
| | |
| |Article 16 (Application, etc. for Permission for Occupation, etc.) |
| | |
| | |
| | |
| |(1) The person who desires to obtain permission for the acts as prescribed in the main provisions of Article 23 (1) of the Act |
| |Natural Parks Act |
| |, shall submit, to the park management authority, an application form for the said permission together with the following documents: |
| | |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |An occupation plan or project plan; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |A copy of the land registry or a copy of the cagester (limited to the acts as prescribed in the provisions of Article 23 (1) 1, 3 and |
| |4 of the Act |
| |Natural Parks Act |
| |and in the provisions of the following subparagraphs of Article 16-2 of this Decree); |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |A location chart, cadastral map and floor plan; and |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |A written consent to the use of the land concerned by the owner of the said land and a certificate with the personal seal impression |
| |of the owner of the said land (limited to the cases where one of the acts, as prescribed in the provisions of Article 23 (1) 1, 3 and |
| |4 and in the provisions of the following subparagraphs of Article 16-2 of this Decree, is involved, and where the land in question is |
| |not the one owned by the applicant). |
| | |
| | |
| | |
| | |
| | |
| |(2) The person who has obtained permission as prescribed in the provisions of paragraph (1), shall put up a notice of the contents of |
| |the said permission at a place easily noticeable by the public |
| | |
| | |
| | |
| |Article 16-2 (Damage on Natural Scenery) |
| | |
| | |
| | |
| |The term, “Such other acts, of possibly inflicting damage on the natural scenery or of causing a considerable obstacle to the use of |
| |the park in question by the public” in the provisions of Article 23 (1) 11 of the Act |
| |Natural Parks Act |
| |, means the following acts: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The act of installing a standing sign for the purpose of propaganda or advertisement; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The act of installing a board to sit on in a gorge, etc.; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The act of installing a telegraph pole or wires, etc.; and |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The act of installing a vinyl house (excluding the vinyl houses for agricultural purposes), or other prefabricated temporary |
| |structures. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 17 (Criteria for Occupation, etc.) |
| | |
| | |
| | |
| |The term, “in other cases where the act in question is conforming to the criteria for the occupation or use as prescribed by the |
| |Presidential Decree,” in Article 23 (2) 4 of the Act |
| |Natural Parks Act |
| |, means the following cases: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |In a case where the occupation or use of a park would not constitute an obstacle to the execution of the park planning and the park |
| |project(s); and |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |In a case where the occupation or use of a park would not injure the scenic view of or the usefulness of the park. |
| | |
| | |
| | |
| |Article 18 (Consultation with Relevant Administrative Agencies Concerning Permission) |
| | |
| | |
| | |
| |In a case where the park management authority consults with the relevant administrative agencies under the provisions of Article 23 |
| |(3) of the Act |
| |Natural Parks Act |
| |, the former shall send to the latter a copy of the application form for the permission as prescribed in the provisions of Article 16 |
| |(1). |
| | |
| | |
| | |
| |Article 19 Deleted. |
| | |
| |Article 19-2 (Deposit, etc. of Expenses for Restoration) |
| | |
| | |
| | |
| |(1) In accordance with the provisions of Article 24 (2) of the Act |
| |Natural Parks Act |
| |, the park management authority may have the person, who has obtained permission for the occupation or use of a park, deposit the |
| |expenses required for the restoration of the park into its original state, in cash or in a repayment guarantee, securities, repayment |
| |guarantee insurance policy, repayment guarantee letter, certificate of time-fixed deposit and revenue bonds as prescribed in the |
| |provisions of the subparagraphs of Article 37 (2) of the Enforcement Decree of the Act on the Contracts to Which the State is a Party.|
| | |
| | |
| | |
| | |
| | |
| |(2) In a case as provided in paragraph (1), the park management authority shall have the cash deposited in a financial institution |
| |designated by itself. |
| | |
| | |
| | |
| | |
| | |
| |(3) In a case where the person, who has succeeded to the status of a person who obtained permission for the occupation or use of a |
| |park under the provisions of Article 23 (1) of the Act |
| |Natural Parks Act |
| |, has not succeeded to the rights concerning the deposited cash or repayment guarantee, etc., the successor shall deposit the expenses|
| |required for the restoration pursuant to the provisions of paragraph (1). |
| | |
| | |
| | |
| | |
| | |
| |(4) In a case where the person who deposited the expenses required for the restoration under the provisions of paragraph (1), would |
| |not perform the duty of restoration as prescribed in the provisions of Article 24 (4) of the Act |
| |Natural Parks Act |
| |, the park management authority shall have a person designated by itself do the restoration work on behalf of the said person, and |
| |shall use the cash, deposited under the provisions of paragraph (1), for the expenses required for the said restoration work, or take |
| |other necessary measures for the execution of the said restoration work, according to the types of the repayment guarantee, etc. |
| |deposited under the provisions of paragraph (1). |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 15106, Jul. 1, 1996] |
| | |
| | |
| | |
| |Article 20 (Designation and Public Announcement of Park Protection Zones) |
| | |
| | |
| | |
| |When the park management authority has designated a park protection zone under the provisions of Article 25 (1) of the Act |
| |Natural Parks Act |
| |, it shall give a public notice of the following matters in its Gazette, and shall furnish itself with a drawing of the designated |
| |park protection zone for the purpose of offering it for public perusal: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The official name of the park; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The location and size of the park protection zone; and |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The purpose of the designation. |
| | |
| | |
| | |
| |Article 21 (Application for Permission of Occupation or Use of Park Protection Zone) |
| | |
| | |
| | |
| |The provisions of Article 16 shall apply mutatis mutandis to the application for the permission of the occupation or use of a park |
| |protection zone as prescribed in the provisions of Article 25 (3) of the Act |
| |Natural Parks Act |
| |. |
| | |
| | |
| | |
| |Article 22 Deleted. |
| | |
| |Article 23 Deleted. |
| | |
| |Article 24 (Prohibited Acts) |
| | |
| | |
| | |
| |The term, “Such acts of bringing about a considerable obstacle to the use of a park by the public and to the preservation of a park” |
| |in the provisions of subparagraph 4 of Article 36 of the Act |
| |Natural Parks Act |
| |, means the following acts: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The act of entering a no-trespassing zone designated by the park management authority; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The act of throwing a harmful substance into a park zone; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |Deleted; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The act of parking a car in a place other than a parking lot designated by the park management authority; and |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |The act of cooking food in a place other than a cooking area designated by the park management authority. |
| | |
| | |
| | |
| |Article 24-2 (Execution of Investigation of Natural Resources) |
| | |
| | |
| | |
| |(1) The investigation of the natural resources, as prescribed in the provisions of Article 36-4 of the Act |
| |Natural Parks Act |
| |, shall be executed every ten years, barring special circumstances. |
| | |
| | |
| | |
| | |
| | |
| |(2) The park management authority shall write down and file the result of the investigation as prescribed in the provisions of |
| |paragraph (1) in the park register as prescribed in the provisions of Article 28. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 25 (Restriction, etc. on Business Operation) |
| | |
| | |
| | |
| |Under the provisions of Article 37 (1) of the Act |
| |Natural Parks Act |
| |, the park management authority may put a restriction on or prohibit the following businesses or acts in a park zone or a park |
| |protection zone: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The act of wagering and other acts similar to it; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The act of entering a park zone or a park protection zone with such an instrument as a saw, an ax, a gun, etc., which is likely to |
| |inflict damage on the natural resources; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The act of entering a park zone or a park protection zone with an instrument which is likely to make noise annoying; and |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |Other acts or business operations which are acknowledged to constitute a considerable obstacle to the preservation, utilization, |
| |safety or other management works of a park. |
| | |
| | |
| | |
| |Article 25-2 Deleted. |
| | |
| |Article 26 Deleted. |
| | |
| |Article 27 (Application for Adjudication) |
| | |
| | |
| | |
| |(1) The application for adjudication as prescribed in the provisions of Article 43 (4) of the Act |
| |Natural Parks Act |
| |shall be made, in a case where the adjudication has been necessitated by a disposition or measure taken by the Minister of Environment|
| |or the Do governor, to the Central Land Expropriation Committee, and in other cases, to the Regional Land Expropriation Committee |
| |concerned. |
| | |
| | |
| | |
| | |
| | |
| |(2) Any person who desires to make the application for adjudication as |
| | |
| | |
| | |
| | |
| | |
| |provided in paragraph (1) shall submit to the Land Expropriation Committee concerned, a filled-out application form for adjudication, |
| |as determined by the Ordinance of the Ministry of Environment, together with the documents on which the following subject matters are |
| |written down: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The address and name, or title, of the other party; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The fact concerning the occurrence of the loss in question; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The amount of compensation, or the detailed accounts of the loss in question, calculated or made up by the applicant himself, and the |
| |amount of compensation decided or requested by the other party; and |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The processes of the consultation. |
| | |
| | |
| | |
| |Article 28 (Park Register) |
| | |
| | |
| | |
| |(1) The park register as prescribed in the provisions of Article 44 of the Act |
| |Natural Parks Act |
| |, shall be drawn up, by parks, in the form of the investigation record and drawing. |
| | |
| | |
| | |
| | |
| | |
| |(2) The investigation record shall include the information on the following subject matters: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The official name and type of the park in question; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The zone and size of the park in question; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The date of the designation of the park in question and the number of the public notice of the said designation; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |A summary of the park planning concerned; |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |A summary of the park facilities concerned; |
| | |
| | |
| | |
| | |
| | |
| |6. |
| |The important natural landscape (including animals and plants) and cultural landscape; and |
| | |
| | |
| | |
| | |
| | |
| |7. |
| |Matters relating to the park protection zone concerned. |
| | |
| | |
| | |
| | |
| | |
| |(3) The drawing shall use the basic drawing and accessory drawing, and it shall include the information on the following subject |
| |matters: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The boundaries of the park zone and park protection zone concerned; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The official name of the administrative sphere concerned; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The contents of the park planning concerned; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The names and locations of the main park facilities concerned; and |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |The plan for the utilization of the land (which must include the lot number and lot category of the said land) of the collective |
| |facilities district. |
| | |
| | |
| | |
| | |
| | |
| |Article 29 (Presuming to Have Obtained Permission, etc. in accordance with Other Acts) |
| | |
| | |
| | |
| | |
| | |
| |In a case where a Do’s park plan or a Kun’s park plan has been determined or changed after the prior consultation with the head of the|
| |relevant government agency, the permission, approval, consent or consultation, as referred to in the provisions of Article 47 (1) 3 |
| |and 6 through 10 of the Act |
| |Natural Parks Act |
| |, shall be presumed to have been obtained or gone through. |
| | |
| | |
| | |
| |Article 29-2 (Scope of Park-Related Businesses) |
| | |
| | |
| | |
| |The term, “Such other park-related businesses as prescribed by the Presidential Decree” in Article 49-2 of the Act |
| |Natural Parks Act |
| |, means the businesses of installing and operating the facilities as prescribed in each of the subparagraphs of Article 2. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-3 (Registration of Incorporation) |
| | |
| | |
| | |
| |The subject matters to be included in the registration of incorporation as prescribed in the provisions of Article 49-4 of the Act |
| |Natural Parks Act |
| |, shall be as follows: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The purpose; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The official title; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The location of the main office and the branch office; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The names and addresses of the members of the board; and |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |The method of the public notice to be used. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-4 (Installation of Branch Offices) |
| | |
| | |
| | |
| |(1) In a case where the Corporation desires to obtain approval for the installation of a branch office under Article 49-5 of the Act |
| |Natural Parks Act |
| |, the Corporation shall submit to the Minister of Environment an application form on which the information on the following subject |
| |matters are written down: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The official name of the branch office; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The location of the branch office; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The reason for installing the branch office; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The scheduled date of the installation of the branch office; |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |The organization, and the fixed number of the regular staff members, of the branch office; and |
| | |
| | |
| | |
| | |
| | |
| |6. |
| |The contents of the official tasks of the branch office. |
| | |
| | |
| | |
| | |
| | |
| |(2) Before filing the application for the approval as prescribed in the provisions of paragraph (1), the Corporation shall consult |
| |with the Do governor having control over the area in which the branch office in question is desired to be installed. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-5 (Installation Registration of Branch Offices) |
| | |
| | |
| | |
| |(1) When the Corporation has installed a branch office, it shall do the registration of it according to the directions given in the |
| |following subparagraphs: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |In the case of registration in the administrative area where the main office is located, the official name and location of the branch |
| |office newly installed, shall be registered within three weeks from the date of the installation; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |In the case of registration in the administrative area where the newly installed branch office is located, the subject matters as |
| |prescribed in the subparagraphs of Article 29-3, shall be registered within three weeks from the date of the installation; and |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |In the case of registration in the administrative area where another already installed branch office is located, the official name and|
| |location of the newly installed branch office, shall be registered within three weeks from the date of the installation. |
| | |
| | |
| | |
| | |
| | |
| |(2) When a branch office has been newly installed within the administrative area of the registry office, which is in charge of the |
| |location of the main office or of a branch, only the official name and location of the newly installed branch office shall be |
| |registered within three weeks from the date of the installation. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-6 (Transfer Registration of Offices) |
| | |
| | |
| | |
| |(1) In a case where the Corporation has transferred its main office into the administrative area of another registry office, it shall |
| |do the registration according to the following directions: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |In case of the old location, the fact of the transfer shall be registered no later than two weeks from the date of the transfer; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |In case of the new location, the subject matters as prescribed in the subparagraphs of Article 29-3, shall be registered no later than|
| |three weeks from the date of the transfer; and |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |In case of the administrative areas where the respective branch offices are located, the fact of the transfer shall be registered no |
| |later than three weeks from the date of the transfer. |
| | |
| | |
| | |
| | |
| | |
| |(2) In a case where the Corporation has transferred one of its branch offices into the administrative area of another registry office,|
| |it shall do the registration according the following directions: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |In case of the old location and of the administrative area where the main office is located, the fact of the transfer shall be |
| |registered within two weeks from the date of the transfer; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |In case of the new location, the subject matters as prescribed in the subparagraphs of Article 29-3, shall be registered no later than|
| |three weeks from the date of the transfer; and 3. In case of the administrative areas where the other branch offices are located, the |
| |fact of the transfer shall be registered within three weeks from the date of the transfer. |
| | |
| | |
| | |
| | |
| | |
| |(3) In a case where the Corporation has transferred its main office or one of its branch offices within the administrative area of the|
| |same registry office, only the fact of the transfer shall be registered no later than three weeks from the date of the transfer. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-7 (Alteration Registration) |
| | |
| | |
| | |
| |In a case where there has been an alteration in the registered matters as prescribed in the provisions of each of the subparagraphs of|
| |Article 29-3 (2), the Corporation shall register the alteration, in case of the administrative area where the main office is located, |
| |within two weeks from the date of the alteration, and in the case of the administrative areas where the branch offices are located, |
| |within three weeks from the date of the alteration. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-8 (Registration for Appointment of Agent) |
| | |
| | |
| | |
| |(1) Under the conditions as prescribed by the articles of association, the president of the Corporation may appoint, from among the |
| |staff members of the Corporation, an agent with the authority to conduct all of the acts, in and out of the court, with respect to the|
| |official tasks of the Corporation. In this case, the following subject matters shall be registered in the administrative area where |
| |the main office is located, or the branch office, for which the said agent has been appointed, within two weeks from the date of the |
| |appointment: Provided, That this provision shall also apply to a case where an alteration has been made to the registered matters: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The name and address of the agent; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The official name and location of the main office, or the branch office, for which the agent has been appointed; and |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |In a case where the authority of the agent has been restricted, the contents of the restriction. |
| | |
| | |
| | |
| | |
| | |
| |(2) In a case where the president of the Corporation has dismissed the agent from his office, the president shall register the fact of|
| |the dismissal, within two weeks from the date of the dismissal, in the administrative area where is located the main office, or the |
| |branch office, for which the dismissed agent was appointed. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-9 (Documents to Accompany Application Form for Registration) |
| | |
| | |
| | |
| |The application form for each of the registrations as prescribed in the provisions of Articles 29-3 and 29-5 through 29-8, shall be |
| |accompanied by the following documents: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |In the case of the registration of incorporation as prescribed in the provisions of Article 29-3, the articles of association; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |In the case of the installation registration of a branch office as prescribed in the provisions of Article 29-5, the written approval |
| |for the installation of the branch office and a copy of the register of the main office; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |In the case of the transfer registration as prescribed in the provisions of Article 29-6, the documents that prove the transfer; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |In the case of the alteration registration as prescribed in the provisions of Article 29-7, the documents that prove the altered |
| |matters; and |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |In the case of the registration of the appointment, change or dismissal of an agent as prescribed in the provisions of Article 29-8, |
| |the documents that prove the fact of the appointment, change or dismissal, and in a case where the authority of the agent has been |
| |restricted, the documents that prove the fact of the restriction. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-10 (Calculation of Registration Period) |
| | |
| | |
| | |
| |As for the matters that must be registered as prescribed in the provisions of Articles 29-3 and 29-5 through 29-8, and at the same |
| |time, that require the authorization or approval of the Minister of Environment, the period for the registration thereof shall be |
| |calculated from the date on which the documents concerning the authorization or approval have arrived. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-11 (Keeping on File of Conference Records of Board of Directors) |
| | |
| | |
| | |
| |(1) The board of directors of the Corporation shall prepare and keep, on file, its conference records. |
| | |
| | |
| | |
| | |
| | |
| |(2) In the conference records shall be written down the agenda of, the progress of the discussion at, and the matters of resolution at|
| |the conference; and the chairman, and a director who attended the conference, shall sign and seal the conference records. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Articles 29-12 and 29-13 Deleted. |
| | |
| |Article 29-14 (Application, etc. for Approval of Business Plan and Budget Bill) |
| | |
| | |
| | |
| |(1) In a case where the Corporation desires to obtain the approval as prescribed in the provisions of Article 49-19 of the Act |
| |Natural Parks Act |
| |, the Corporation shall draw up a business plan and budget bill of the upcoming year, and submit them to the Minister of Environment, |
| |no later than the last day of October, every year. |
| | |
| | |
| | |
| | |
| | |
| |(2) In the budget bill as prescribed in the provisions of paragraph (1) shall be included the general rules of the budget, the |
| |presumptive balance sheet, the presumptive statement of profit and loss and the financing plan, and the said budget bill shall be |
| |accompanied by the supplementary papers necessary for making its contents clear. |
| | |
| | |
| | |
| | |
| | |
| |(3) In a case where the Corporation desires to obtain the approval for an alteration of the business plan and the budget bill as |
| |prescribed in the provisions of the latter part of Article 49-19 of the Act |
| |Natural Parks Act |
| |, the Corporation shall submit to the Minister of Environment the documents on which the reason for and the contents of the alteration|
| |are recorded. |
| | |
| | |
| | |
| | |
| | |
| |(4) The provisions of paragraph (2) shall apply mutatis mutandis to a case as provided in paragraph (3). |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-15 (Submittance of Closing Accounts of Revenue and Expenditure) |
| | |
| | |
| | |
| |In a case of submitting the closing accounts of revenue and expenditure of every fiscal year to the Minister of Environment under the |
| |provisions of Article 49-20 of the Act |
| |Natural Parks Act |
| |, the Corporation shall submit the following documents together with the said closing accounts: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The balance sheet and the statement of profit and loss of the current year; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The table of contrast between the projects plan and the projects execution of the current year; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The written opinion of a certified public accountant as prescribed in the provisions of Article 49-20 of the Act |
| |Natural Parks Act |
| |; and |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |Such other documents as are necessary for clarifying the contents of the closing accounts. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-16 (Application for Approval of Borrowing Money) |
| | |
| | |
| | |
| |In a case where the Corporation desires to obtain the approval of borrowing money in accordance with the provisions of Article 49-22 |
| |of the Act |
| |Natural Parks Act |
| |, it shall submit to the Minister of Environment a filled-out application form for the approval together with the documents on which |
| |information on the following subject matters are written down: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |The reason for borrowing money; |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |The source from which the money is to be borrowed; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |The amount of money to be borrowed and the use for which the money is to be used; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The condition under which the money is to be borrowed; |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |The redemption method and period of the borrowed money; and |
| | |
| | |
| | |
| | |
| | |
| |6. |
| |Other necessary matters concerning borrowing of money and the redemption of the borrowed money. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-17 (Deposit as Fund for Projects) |
| | |
| | |
| | |
| |The amount of money to be deposited as the fund for projects out of the surplus funds, in accordance with the provisions of |
| |subparagraph 2 of Article 49-23 of the Act |
| |Natural Parks Act |
| |, shall be determined by the board of directors within the maximum limit of ninety percentage of the amount of the remaining surplus, |
| |after the amount, corresponding to the carried-over deficits, having been set aside from the proceeds identified as a result of the |
| |settlement of accounts. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 29-18 (Reserve Fund) |
| | |
| | |
| | |
| |The Corporation may appropriate the reserve fund in order to meet unpredictable expenditures other than those of the budget or |
| |expenditures exceeding the limit of the budget. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987] |
| | |
| | |
| | |
| |Article 30 (Consultation, etc. on Permission) |
| | |
| | |
| | |
| |(1) In a case where the competent government agency desires to consult with the park management authority under the provisions of |
| |Article 50 (2) of the Act |
| |Natural Parks Act |
| |, the former shall send, to the latter, a copy of the filled-out application form for the permission or authorization, accompanied by |
| |a letter of its own opinion. |
| | |
| | |
| | |
| | |
| | |
| |(2) In a case where the competent government agency has granted the permission or authorization under the provisions of Article 50 (2)|
| |of the Act |
| |Natural Parks Act |
| |, it shall without any delay send a copy of the written permission or authorization to the park management authority. |
| | |
| | |
| | |
| |Article 31 (Transfer of Rights and Responsibilities) |
| | |
| | |
| | |
| |(1) The rights and responsibilities that have come into existence due to such a permission as prescribed in the Act pursuant to the |
| |provisions of Article 52 of the Act |
| |Natural Parks Act |
| |, shall be succeeded to by the transferee, the inheritor, the juristic person that continues to exist after the merger, or the |
| |juristic person that has been newly established by the merger. |
| | |
| | |
| | |
| | |
| | |
| |(2) In a case where the founder of a juristic person has obtained the necessary permission as prescribed in the Act, and thereby, the |
| |juristic person has been founded, the rights and responsibilities that have come into existence due to the said permission shall be |
| |succeeded by the juristic person under consideration. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Wholly Amended by Presidential Decree No. 16057, Dec. 31, 1998] |
| | |
| | |
| | |
| |Articles 32 through 34 Deleted. |
| | |
| |Article 35 (Restriction on Disposal of Land) |
| | |
| | |
| | |
| |(1) The term, “such cases as the said disposal is unavoidable... for the sake of such military purposes or public interests as |
| |prescribed by the President Decree,” in Article 53 of the Act |
| |Natural Parks Act |
| |, means the cases as prescribed in the provisions of subparagraphs 1 through 6 and 8 of Article 5. |
| | |
| | |
| | |
| | |
| | |
| |(2) In a case where the government agency in charge of the management of the State-owned land or public land, desires to dispose of |
| |the said land in accordance with the provisions of Article 53 of the Act |
| |Natural Parks Act |
| |and of paragraph (1) above, it shall consult with the park management authority. |
| | |
| | |
| | |
| |Article 36 Deleted. |
| | |
| |Article 37 (Delegation of Rights) |
| | |
| | |
| | |
| |(1) Pursuant to the provisions of Article 55 (1) of the Act |
| |Natural Parks Act |
| |, to the Do governor shall be delegated the following rights of the Minister of Environment within the park zone and park protection |
| |zone, for which part of the responsibilities of the Minister of Environment are to be performed by the Do governor under the |
| |provisions of Article 10: |
| | |
| | |
| | |
| | |
| | |
| |1. |
| |Deleted. |
| | |
| | |
| | |
| | |
| | |
| |2. |
| |Permission for the execution of park projects, and for the management of the park facilities, by a person other than the park |
| |management authority, as prescribed in the provisions of Article 22 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |3. |
| |Permission for the occupation or use of a park as prescribed in the provisions of Article 23 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |4. |
| |The approval of the exemption of the duty of restoration of a park into its original state, as prescribed in the provisions of Article|
| |24 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |5. |
| |The permission for the occupation or use of a park protection zone, as prescribed in the provisions of Article 25 (3) of the Act |
| |Natural Parks Act |
| |, and the approval of the exemption of the duty of restoration of a park protection zone into its original state, as prescribed in the|
| |provisions of Article 24 of the Act |
| |Natural Parks Act |
| |, which are applied mutatis mutandis, as provided in paragraph (4) of the same Article; |
| | |
| | |
| | |
| | |
| | |
| |6. |
| |The collection of the park entrance fee and the park facilities use fee, and the permission for the collection of the park facilities |
| |use fee, as prescribed in the provisions of Article 26 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |7. |
| |The collection of the park occupation fee, etc., as prescribed in the provisions of Article 27 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |8. |
| |Deleted; |
| | |
| | |
| | |
| | |
| | |
| |9. |
| |Deleted; |
| | |
| | |
| | |
| | |
| | |
| |10. |
| |Matters concerning the restriction on or prohibition of the entrance of a park zone as prescribed in the provisions of Article 36-2 of|
| |the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |11. |
| |Matters concerning the restriction on or prohibition of the business operations or other acts as prescribed in the provisions of |
| |Article 37 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |12. |
| |Deleted; |
| | |
| | |
| | |
| | |
| | |
| |13. |
| |The recommendation for the appointment of the judicial police officials as prescribed in the provisions of Article 45 of the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |14. |
| |The consultations as prescribed in the provisions of Article 50 (2) of the Act |
| |Natural Parks Act |
| |: Provided, That the consultations on dispositions taken by central administrative agencies shall be excluded; |
| | |
| | |
| | |
| | |
| | |
| |15. |
| |Matters concerning the coming in and out, and use, etc. of the land of a third party, as prescribed in the provisions of Article 51 of|
| |the Act |
| |Natural Parks Act |
| |; |
| | |
| | |
| | |
| | |
| | |
| |16. |
| |Deleted; and |
| | |
| | |
| | |
| | |
| | |
| |17. |
| |Deleted. |
| | |
| | |
| | |
| | |
| | |
| |(2) The Do governor to whom rights have been delegated under the provisions of paragraph (1), may further delegate part of his |
| |delegated rights to the head of Gun or the head of an organization under his jurisdiction, with the approval of the Minister of |
| |Environment. |
| | |
| | |
| | |
| | |
| | |
| |(3) Deleted. |
| | |
| | |
| | |
| |Article 38 (Imposition and Collection of Fine for Negligence) |
| | |
| | |
| | |
| |(1) In a case where the fine for negligence is to be imposed under the provisions of Article 60 (1) of the Act |
| |Natural Parks Act |
| |, the act of violation in question shall first be investigated and confirmed, and the fact of violation and the amount of the fine for|
| |negligence, etc. shall be specified on the written notification of the fine for negligence, which shall be, then, sent to the subject |
| |of the disposition of the fine for negligence. |
| | |
| | |
| | |
| | |
| | |
| |(2) In a case where the head of Gun desires to impose the fine for negligence under the provisions of paragraph (1), he shall give the|
| |subject of the disposition of the fine for negligence an opportunity to state his opinion, either orally or in a written form, for a |
| |period of not less than 10 days designated by the head of Gun. In this case, if no opinion has been stated or submitted within the |
| |designated period, it shall be regarded that no opinion is intended to be stated or submitted. |
| | |
| | |
| | |
| | |
| | |
| |(3) The amount of the fine for negligence and the standards of imposition thereof, shall be as shown on the Table affixed at the end |
| |of this Decree. |
| | |
| | |
| | |
| | |
| | |
| |(4) The detailed procedures for the imposition and collection of the fine for negligence, shall be prescribed by the Ordinance of the |
| |Ministry of Environment. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 15106, Jul. 1, 1996] |
| | |
| | |
| | |
| |Article 39 (Disposition of Fine for Negligence within National Parks, etc.) |
| | |
| | |
| | |
| |(1) In a case where the employees of the National Parks Management Corporation or the public officials of a Do, have caught, within a |
| |national park or Do’s park, an act of violation for which the fine for negligence is to be imposed under the provisions of Article 60 |
| |(1), they shall notify the personal information of the violator and the contents of the act of violation, etc., to the head of Gun |
| |having control over the place where the act of violation in question has occurred. |
| | |
| | |
| | |
| | |
| | |
| |(2) The head of Gun, who has been notified of an act of violation under the provisions of paragraph (1), shall impose and collect the |
| |fine for negligence pursuant to the provisions of Article 60 of the Act |
| |Natural Parks Act |
| |and Article 38 of this Decree. |
| | |
| | |
| | |
| | |
| | |
| |[This Article Newly Inserted by Presidential Decree No. 15106, Jul. 1, 1996] |
| | |
| | |
| | |
| |
| ADDENDA |
| |
|(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| |
| |
|(2) (Repealed Acts and Subordinate Statutes) The Enforcement Decree of the Parks Act, Presidential Decree No. 4119, shall be hereby |
|repealed. |
| |
| |
|(3) Omitted. |
| |
| |
| ADDENDA |
| |
|(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of |
|Article 29-13 shall enter into force on January 1, 1989. |
| |
| |
|(2) (Transitional Measures concerning Submittance of Business Plan, etc. of the Corporation) Notwithstanding the provisions of Article|
|29-14, the Corporation shall submit the business plan and the budget bill of 1987, to the Minister of Construction, not later than |
|August 15, 1987. |
| |
| |
|(3) (Transitional Measures concerning Acts, etc. of the Do governor) The dispositions and acts which have come under the control of |
|the Minister of Construction pursuant to the amended provisions of Article 37 (1) of this Decree, from among the dispositions, and |
|other acts, taken by the Do governor on consignment of the relevant rights of the Minister of Construction, under the previous |
|provisions of Article 37 (1) before the enforcement of this Decree, shall be considered as the dispositions and acts taken by the |
|Minister of Construction. |
| |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. (Proviso is Omitted.) |
| | |
| | |
| | |
| |Articles 2 through 8 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Article 2 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 and 3 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 and 3 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 and 3 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force one month after the date of its promulgation. |
| | |
| | |
| | |
| |Article 2 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 through 4 Omitted. |
| | |
| |
| ADDENDA |
| |
|This Decree shall enter into force on the date of its promulgation. |
| |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 through 5 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. (Proviso is Omitted.) |
| | |
| | |
| | |
| |Articles 2 through 5 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) |
| | |
| | |
| | |
| |Article 2 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on March 1, 1996. |
| | |
| | |
| | |
| |Article 2 Omitted. |
| | |
| |
| ADDENDA |
| |
|(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| |
| |
|(2) (Transitional Measures concerning Golf Courses, Ski Resorts, Group In-Service Training Institutes) Notwithstanding the amended |
|provisions of subparagraph 5 of Article 2, the golf courses, ski resorts, group in-service training institutes, which have already |
|been installed within natural parks, at the time this Decree enters into force, shall be considered as the park facilities. This |
|provision shall also apply to the case of golf courses, ski resorts, group in-service training institutes, for the installation of |
|which the procedures as prescribed in the Act and this Decree have already been completed or have been being gone through, and to a |
|case where the facilities of a existing ski resort have been being extended in order to hold an international tournament. |
| |
| |
|(3) (Transitional Measures concerning Contributions by Persons Engaged in Business Activities within National Parks) The persons who |
|are engaged in business activities shall make contributions pursuant to the amended provisions of Article 29-13 from 1997, but the |
|total amount of the contributions for 1997 shall be not more than a half of the maximum limit as prescribed in the amended provisions |
|of Article 29-13 (3). |
| |
| |
| ADDENDUM |
| |
|This Decree shall enter into force on January 1, 1998. |
| |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 through 7 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 through 6 Omitted. |
| | |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 through 5 Omitted. |
| | |
| |
| ADDENDUM |
| |
|This Decree shall enter into force on the date of its promulgation. |
| |
| |
| ADDENDUM |
| |
|This Decree shall enter into force on the date of its promulgation. |
| |
| |
| ADDENDA |
| |Article 1 (Enforcement Date) |
| | |
| | |
| | |
| |This Decree shall enter into force on the date of its promulgation. |
| | |
| | |
| | |
| |Articles 2 through 4 Omitted. |
| | |
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