2011Guhap4596 Revocation of a building permit

●●회사 한◎

광주 ⑦구 ■■ 동 000-00

this representative director

소송대리인 법무00 ★장 담당변호사 박◆◆

The actual substance of the Gwangju City shall be the Director of the Gu.

소송대리인 변호사 이◆◆

Attorney Park Jong-soo

1. 최◆◆

Gwangju (1) ① Dong 000

2. 최◆◆

Gwangju 0 (1) Dong 000

피고보조참가인( 선정당사자 ) 들 소송대리인 변호사 양◆◆

June 14, 2012

July 26, 2012

1. On November 16, 201, the Defendant revoked a disposition revoking a building permit issued against the Plaintiff.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant’s participation is assessed against the Defendant’s Intervenor (Appointed Party).

3. The disposition described in paragraph 1 shall cease to be effective until the judgment of this case becomes final and conclusive.

The text of paragraph (1) is as follows.

1. Details of the disposition;

가 . 이◆◆(원고 회사의 대표이사 )는 2009. 11. 16. 피고로부터 광주 미구 ○○동 000 -00 답 185㎡ 및 같은 동 000-00 전 2,000m ( 이하 ' 이 사건 각 토지'라고 한다 ) 지상에의료폐기물 중간처리시설( 소각시설, 이하 “ 이 사건 폐기물처리시설” 이라고 한다 ) 설치를 위한 개발제한구역내 행위허가(건축허가) 를 받았고( 이하 ' 이 사건 건축허가'라 고 한다), 2011. 4. 18. 위 건축허가 명의자가 이◆◆에서 원고로 변경되었다.

B. As a result of the inspection as to whether the instant building permit was appropriate, Gwangju City demanded the Defendant to take corrective measures on the ground that the snow at the time of the instant waste disposal was excessive, even though the construction permit was stipulated to be installed as an urban planning facility, and on November 16, 2011, the Defendant, on the ground that the instant waste disposal facility, which was not installed as an urban planning facility, was in violation of Article 43 of the former National Land Planning and Utilization Act (amended by Act No. 9861, Dec. 29, 2009; hereinafter “former National Land Planning Act”) and revoked the instant building permit pursuant to Article 79 of the Building Act (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4, 5, and 6, and the purport of the whole pleadings

A. The plaintiff's assertion

1) Article 43(1) of the former National Land Planning and Utilization Act and Article 156 of the former Rules on the Determination, Structure and Establishment Standards of Urban Planning Facilities (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 187, Dec. 14, 2009; hereinafter “former Rules on Urban Planning”). Meanwhile, Article 12(1)1 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 9436, Feb. 6, 2009; hereinafter “former Development Restriction Act”) provides that the disposal of buildings within development restriction zones may be conducted with permission of the head of Si/Gun/Gu in cases of buildings prescribed by Presidential Decree, such as waste disposal facilities, and that the installation of urban planning facilities can be conducted with 0m more than 10m of total floor area under the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 2167, Aug. 5, 2009; hereinafter “former Rules on Urban Planning Facilities”).

2) Even if a ground for revocation is acknowledged in the instant building permit, considering the fact that the Plaintiff believed the Defendant’s public statement of opinion that the instant building permit was the Defendant’s building permit and is going to complete the construction of the instant waste disposal facilities by bringing enormous costs during that period, and that the disadvantages suffered by the Plaintiff compared to the public interest to be achieved by the instant disposition, the instant disposition is in violation of the principle of trust protection and the principle of proportionality, thereby deviating from and abusing the discretionary authority.

B. Relevant statutes

It is as shown in the attached Form.

(c) Facts of recognition;

1 ) 이 ◆◆는 2009. 8. 5. 피고에게 구 국토계획법상 개발제한구역인 이 사건 각 토 지 지상에 건축부지면적 2,185m, 연면적 1,127.88m, 폐기물처리능력 24톤/ 일 규모의 이 사건 폐기물처리시설을 설치하는 내용의 개발제한구역내 행위허가( 건축허가 )를 신 청하였다.

2 ) 피고는 2009. 11. 16. 이◆◆에게 이 사건 폐기물처리시설에 관하여 ○○○유역 환경○○으로부터 구 폐기물관리법(2009. 6. 9. 법률 제9770호로 개정되기 전의 것 , 이하 ‘구 폐기물관리법' 이라고 한다 ) 제25조 규정에 의한 의료폐기물처리 사업계획서 적정통보를 받은 후 착공신고를 하도록 조건을 붙여 이 사건 건축허가를 하였고, 그 후 이 는 2010. 4. 1. ○○○유역환경○○으로부터 의료폐기물 중간처리업 ( 소각 ) 사업계획에 대해 적합통보를 받았다.

3) 이◆◆는 2010. 11. 15. 이 사건 폐기물처리시설에 대한 착공신고를 마친 다음 2011. 4. 18. 위 건축허가 명의자를 원고로 변경하였다.

4) On the other hand, Gwangju 00 City filed a civil petition for the collection of neighboring residents in relation to the construction of the instant waste disposal facilities, and on July 29, 201, the Special Audit was conducted with respect to the Defendant. On the other hand, the result of the audit conducted on July 29, 201 and the result of the audit was pointed out as follows, requiring the Defendant to take corrective measures, such as ordering the Defendant to cancel the instant building permit.

0 The waste disposal facilities of this case are planned to have a daily disposal capacity of 24 tons of designated wastes, and are planned to have a daily disposal capacity.

Enforcement Regulations (amended by Ordinance of the Ministry of Environment No. 359, Jan. 15, 2010; hereinafter referred to as the "former Wastes Control Act").

Facilities with a daily handling capacity exceeding 10 tons as prescribed in Article 38 (1) of the Enforcement Rule)

It falls under the waste disposal facilities under the provisions of Article 156 of the former Rules of Urban Planning Facilities.

Therefore, pursuant to Article 43 of the former National Land Planning and Utilization Act, the type and type of the facility.

The name, location, scale, etc. shall be determined and installed by the urban management plan in advance;

Since it was not determined as urban planning facilities, the building permit in this case is illegal.

5) On November 16, 201, the Defendant rendered the instant disposition against the Plaintiff upon the request for correction of the Gwangju City.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, and 12, Gap evidence 2, each video (including each number; hereinafter the same shall apply), the purport of the whole pleadings

D. Determination

1) Whether the instant waste disposal facility should be installed as an urban planning facility

A) Where the law conflicts with each other, the new law takes precedence over the former law and the special law takes precedence over the general law. However, whether the law conflicts with each other should be determined by comprehensively examining the legislative purpose, provisions, and applicable crimes of each law (see Supreme Court Decision 2010Du16714, May 24, 2012).

B) Article 2 of the former National Land Planning Act provides that a plan for the establishment, maintenance, or improvement of infrastructure is one of the City/Do management plans (Article 4 (c) and one of the infrastructure for waste disposal facilities (Article 6 (g)) and the facilities determined by the urban management plan among the infrastructure are determined as the urban planning facilities (Article 7). Article 43 (1) of the former National Land Planning Act provides that the type, location, scale, etc. of the infrastructure shall be determined by the Ordinance of the Ministry of Oceans and Fisheries in order to install the infrastructure in advance. Article 43 (2) of the former National Land Planning Act provides that matters necessary for the determination, structure, and installation standards, etc. of the urban planning facilities shall be determined by Ordinance of the Ministry of Oceans and Fisheries. Article 156 of the former Rules on Water Management of the Urban Planning Facilities provides that the facilities falling under each subparagraph of Article 38 of the former Enforcement Rule on Water Management of the Waste Management Act (Article 100 tons of the general incineration facilities per day, and those less than 10 tons in the case of the designated wastes).

On the other hand, Article 12 (1) 1 of the former Development Restriction Act prohibits acts identical to the construction of buildings in a development-restricted zone in principle: Provided, That in cases of buildings prescribed by Presidential Decree as public-interest facilities such as waste disposal facilities, such acts may be performed after obtaining permission from the head of a Si/Gun/Gu, and the attached Table 1 of Article 13 (1) of the former Enforcement Decree of the Development Restriction Act provides for the types of buildings that can be installed in an open development-restricted zone and the scope of construction or installation, and provides for public-interest facilities such as waste disposal facilities in relation to public-interest facilities including waste disposal facilities.

In addition, Article 2 Subparag. 4 of the former Wastes Control Act provides that the term “designated wastes” refers to materials that may pollute the surrounding environment or cause harm to the human body, such as medical wastes, among industrial wastes, and Article 2 Subparag. 8 of the same Act and attached Table 3 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 21904, Dec. 24, 2009) provides that “the general incineration facilities” among the interim disposal facilities of wastes are one of the waste disposal facilities.

C) As seen earlier, the instant waste disposal facility has a designated waste disposal capacity of 24 tons a day; under Article 2 Subparag. 4, 6, 7, and Article 43(1) and (2) of the former National Land Planning Act; Article 156 of the former Rules of Urban Planning; Article 2 Subparag. 4 and 8 of the former Rules of the Waste Management Act, etc., the instant waste disposal facility is a theory at the time of urban planning where the urban management planning should be determined and installed among infrastructure. Meanwhile, as seen earlier, the instant waste disposal facility is a building site area of 2,185 meters, total floor area of 1,127,88 square meters among infrastructure; the total area of a building does not exceed 1,500 square meters; and the alteration of the form and quality of land does not exceed 5,00 meters; and it constitutes a public facility capable of installing the instant waste disposal facility in a development-restricted area under the opposite interpretation of attached Table 13(1)1 of the former Enforcement Decree of the Development Restriction Act.

However, the former National Land Planning Act provides for the purpose of promoting public welfare and improving the quality of life of citizens by prescribing matters necessary for the formulation and execution, etc. of plans for utilization, development and preservation of national land (Article 1). Article 2 subparag. 15 of the former National Land Planning Act provides that areas for use (Article 2 subparag. 16), special-purpose districts (Article 2 subparag. 16) in order to promote the economic and efficient utilization and public welfare by strengthening or relaxing restrictions on special-purpose areas (Article 2 subparag. 16), special-purpose districts in order to strengthen or relax restrictions on special-purpose areas and special-purpose districts, promoting planned and phased land utilization, coordinating and controlling land use, and securing the sound living environment for urban citizens by preventing any disorderly spread of cities and by preserving the natural environment surrounding urban areas, and Article 38 of the former National Land Planning Act provides for special-purpose zones as one of the above special-purpose zones, where the Minister of Land, Transport and Maritime Affairs deems it necessary to separately designate and change a development restriction zone or urban development restriction zone under the former National Land Planning Act to ensure the sound development of urban environment (Article 18).

In addition, Article 43 (1) of the former National Land Planning and Utilization Act provides that "In principle, the infrastructure shall be determined as an urban management plan, and the specific installation standards shall be delegated to the Gu Urban Planning Facility Rules, which are the Ordinance of the Ministry of Environment of the State, with respect to the detailed installation standards, and where there are special provisions in other Acts, the proviso shall govern."

Therefore, Article 12 of the former National Land Planning and Utilization Act and the former Development Restriction Act comprehensively review the legislative purpose, contents, and the use scope, etc. of the former National Land Planning and Utilization Act, which is a special law on the restriction of acts in development-restricted areas, should be interpreted as the infrastructure that can be installed without installing the water disposal facilities of this case from the development-restricted areas as urban planning facilities.

Ultimately, the instant disposition, based on the premise that the instant waste disposal facility should be installed as an urban planning facility pursuant to Article 43(1) of the former National Land Planning and Utilization Act, is unlawful.

2) Whether the discretion is deviates or abused or not

Even if the instant waste disposal facility should be installed as an urban planning facility, it is examined whether the Defendant’s revocation of the instant building permit is in violation of the principle of trust protection or the principle of proportionality and abuse of discretion.

A) Whether the principle of proportionality is violated

Where revoking or withdrawing a beneficial administrative disposition or suspending it, it is an infringement on the vested rights of the relevant citizen. Thus, even if there exist grounds such as revocation, the exercise of the right to revoke, etc. should be determined by comparing and comparing with the disadvantages that the other party receives, only when it is necessary for the important public interest to justify the infringement of the vested rights or when it is necessary to protect the interests of a third party. Where the disadvantage, etc. that the other party suffers is enormous than the necessity of the public interest, the exercise of the right to revoke, etc. itself is unlawful (see, e.g., Supreme Court Decision 2003Du7606, Jul. 22, 2004).

(5) The following circumstances, i.e., the Plaintiff started construction of the instant waste disposal facilities with the permission of construction of approximately 90% and the cost of using the current construction work, are significant (the Plaintiff’s assertion that the total quantity of medical waste occurred during the year 200 from 0 cities to 3,526 tons, and 3,406.8 tons of the total quantity of medical waste generated during the period of 209 cities was incinerated and disposed of at least 7,000,000,000,000 7,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00).

B) Whether the principle of protection of trust is violated

In general, in administrative legal relations, in order to apply the principle of the protection of trust to an act of an administrative agency, first, an administrative agency must issue an official opinion that is the subject of trust to an individual, second, there should be no reason attributable to the individual with respect to the legitimacy and trust of the opinion statement of the administrative agency, third, the individual should have trusted and trusted the opinion statement of the administrative agency, third, the administrative agency should have conducted any act in violation of the above opinion statement, and fourth, the administrative agency should have made a disposition contrary to the above opinion statement, thereby infringing on the individual's interest in trust. If a certain decision meets these requirements, an act contrary to the principle of the protection of trust is not likely to remarkably harm the public interest or legitimate interests of a third party (see Supreme Court Decision 2006Du10931, Jan. 17, 2008, etc.).

However, according to the reasoning of the judgment below, the court below erred in the misapprehension of the legal principles as to the construction permit of this case, and in the misapprehension of the legal principles as to the construction permit of this case, the court below erred in the misapprehension of the legal principles as to the construction permit of this case. The court below erred in the misapprehension of the legal principles as to the construction permit of this case, and in the misapprehension of the legal principles as to the construction permit of this case, the court below erred in the misapprehension of the legal principles as to the construction permit of this case. The court below did not err in the misapprehension of the legal principles as to the construction permit of this case, as otherwise alleged in the misapprehension of legal principles as to the construction permit of this case.

3) Sub-decisions

Therefore, as seen earlier, there was an error of misapprehending the legal principles on Article 43 of the former National Land Planning and Utilization Act, Article 12 of the former Development Restriction Act, and the attached Table 1 of Article 13(1) of the former Enforcement Decree of the Development Restriction Act, and there was an error of abuse of discretion against the principle of proportionality or the principle of protection of trust.

3. Suspension of execution.

According to the records of this case, it is recognized that there is an urgent need to prevent irrecoverable damage to the plaintiff due to the execution of the disposition of this case, and there is no other data to recognize that the suspension of the disposition of this case is likely to seriously affect public welfare. Thus, the disposition of this case is effective ex officio until the judgment of this case becomes final and conclusive.

4. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

Judge Kim Jae-young

Kim Gyeong-ap

Freeboard of Magyeong

List of Selections

1. 한◆◆

광주 ▲구 □□동 000- 0

2. 윤 ◆◆

광주 ▲구 □□동 000

3. 서◆◆

광주 ▲구□□동 000

4. 김◆◆

광주 ▲구 동 000

5. 고◆◆

광주 ▲구 □□동 000

6 . 황◆◆

광주 ▲구 □□동 000- 0

7. 최◆◆

광주 ▲구 □□동 000

8. 고◆◆

광주 ▲구 □□동 000

19. 고◆◆

광주 ▲구 □□동 000

10. 한◆◆ 1

광주 ▲구 □□동 000

11. 나♦♦

광주 ▲구 □□동 000

12. 조◆◆

광주 ▲구 □□동 000

13. 나◆◆

광주 ▲구 □□동 000

14. 고♦♦

광주 ▲구 □□동 000 - 0

15. 안◆◆

광주 ▲구 □□동 000- 0

16. 이◆◆

광주 ▲구 □□동 000

17. 고◆◆

광주 ▲구 □□동 000 - 0

18. 허◆◆

광주 ▲구 □□동 000

19. 박◆◆

광주 ▲구 □□동 000

20. 고◆◆

광주 ▲구 □□동 000 -0

21. 정◆◆

광주 ▲구 □□동 000

22. 김◆◆

광주 ▲구 □□동 000

23. 고◆◆

광주 ▲구 □□동 000

24. 고◆◆

광주 ▲구 □□동 000-0

25. 정◆◆

광주 ▲구 □□동 000

26. 고◆◆

광주 ▲구 □□동 000- 0

27. 조◆◆

광주 ▲구 □□동 000 - 0

28. 정◆◆

광주 ▲구 □□동 000- 0

29. 최◆◆

광주 ▲구 □□동 000 - 0

30. 최◆◆

광주 ▲구 □□동 000

31. 김◆◆

광주 ▲구 □□동 000

32. 최◆◆

광주 ▲구 □□동 000 -0

33. 윤◆◆

광주 ▲구 □□동 000- 0

34. 양◆◆

광주 ▲구 □□동 000 - 0

35. 이◆◆

광주 ▲구 □□동 000

36. 박◆◆

광주 ▲구 □□동 00 - 0

37. 이◆◆

광주 ▲구 □□동 00- 0

38. 이 ♦♦

광주 ▲구 □□동 000

39. 전◆◆

광주 ▲구 □□동 000- 0

40. 이♦♦

광주 ▲구 □□동 000

41. 김◆◆

Gwangju-dong 000

42. 손◆◆

광주 ▲구 □□동 000 -0

43. 최◆◆

광주 ▲구 □□동 000

44. 박◆◆

광주 ▲구 □□동 000

45. 황◆◆

광주 ▲구 □□동 000 -0

46. 최◆◆

광주 ▲구 □□동 000 - 0

47. 박◆◆

광주 ▲구 □□동 000- 0

48. 김◆◆

광주 ▲구 □□동 000-00

49. 오◆◆

광주 ▲구 □□동 000

50. 박◆◆

광주 ▲구 □□동 000

51. 박♦♦

광주 ▲구 □□동 000

52 . 박◆◆

광주 ▲구 □□동 000-00

53. 백◆◆

광주 ▲구 □□동 000- 0

54. 최◆◆

광주 ▲구 □□동 000

55. 최◆◆

광주 ▲구 □□동 000- 0

56. 장◆◆

광주 ▲구 □□동 000- 0

57. 최◆◆

광주 ▲구 □□동 000- 0

58. 이◆◆

광주 ▲구 □□동 000- 0

59. 최◆◆

광주 ▲구 □□동 000 -0

60. 김◆◆

광주 ▲구 □□동 000 - 0

61. 김◆◆

광주 ▲구 □□동 000- 0

62. 이◆◆

광주 ▲구 □□동 000-00

63 . 이◆◆

광주 ▲구 □□동 000- 0

64. 김◆◆

광주 ▲구 □□동 000-00

65. 유◆◆

광주 ▲구 □□동 000-00

66. 김◆◆

광주 ▲구 □□동 000-00

67. 김◆◆

광주 ▲구 □□동 000- 0

68. 박◆◆

광주 ▲구 □□동 000- 0

69. 조◆◆

광주 ▲구 □□동 000- 0

70. 조◆◆

광주 ▲구 □□동 000- 0

71. 이◆◆

광주 ▲구 □□동 000- 0

72. 임◆◆

광주 ▲구 □□동 000

73. 최◆◆

광주 ▲구 □□동 000

74. 노◆◆

광주 ▲구 □□동 000

75. 김◆◆

광주 ▲구 □□동 000

76. 고◆◆

광주 ▲구 □□동 000 - 0

Related Acts and subordinate statutes

/ former National Land Planning and Utilization Act (amended by Act No. 9861 of Dec. 29, 2009)

Article 1 (Purpose)

The purpose of this Act is to promote public welfare and to upgrade the quality of people's living by prescribing matters necessary for the formulation, implementation, etc. of plans to utilize, develop and preserve national land.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

4. The term "urban management planning" means any of the following plans concerning land for use, traffic, environment, scenery, safety, industry, information and communications, health, welfare, security, culture, etc., which are formulated for the development, maintenance and preservation of the Special Metropolitan City, a Metropolitan City, a Si, or a Gun:

(a) A plan on designation or alteration of special-purpose areas and special-purpose districts;

(b) Plans for designating or altering development restriction zones, urban natural park zones, urbanization-coordination zones, and fishery-resources protection zones;

(c) A plan for the installation, maintenance, or improvement of infrastructure;

6. The term "infrastructure" means any of the following facilities prescribed by Presidential Decree:

(g) Environmental infrastructure facilities, such as sewerage and waste disposal facilities;

7. The term "urban planning facilities" means facilities determined by an urban management plan among infrastructure;

10. The term "urban planning facility project" means a project to build, consolidate or improve urban planning facilities;

11. The term "urban planning project" means any of the following projects to implement an urban management plan:

(a) Urban planning facility projects;

Article 28 (Hearing Opinions of Residents and Local Councils)

(1) In formulating an urban management plan under Article 25, the Minister of Land, Transport and Maritime Affairs (in cases of fishery resources protection zones under Article 40, referring to the Minister for Food, Agriculture, Forestry and Fisheries; hereafter the same shall apply in this Article), Mayors/Do Governors, Mayors/Do Governors, or the heads of Sis/Guns shall hear opinions of residents and shall reflect such opinions in the urban management plan if deemed reasonable: Provided, That this shall not apply to matters that need to be kept confidential for national defense or national security (limited to cases where requested by the heads

Article 30 (Determination of Urban Management Planning)

(1) Where a Mayor/Do Governor intends to determine an urban management plan, he/she shall consult with the head of the relevant administrative agency in advance, and where the Minister of Land, Transport and Maritime Affairs (in cases of a fishery resources protection zone under Article 40, referring to the Minister for Food, Agriculture, Forestry and Fisheries; hereafter the same shall apply in this Article) intends to determine this urban management plan, he/she shall consult with the Minister of Land, Transport and Maritime Affairs in advance. In such cases, the head of an agency in receipt of a request for consultation shall present his/her opinion within 30 days from the date of receipt of such request, except in extenuating circumstances.

(4) Where the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor deems it necessary to maintain confidentiality for national defense or national security, he/she may fully or partially omit the procedures under paragraphs (1) through (3) for an urban management plan (limited to cases where the head of the relevant central administrative agency requests it)

(6) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor shall, when he/she determines an urban management plan, publicly notify such determination, as prescribed by Presidential Decree, and the Minister of Land, Transport and Maritime Affairs or the Do Governor shall send the relevant documents to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si/Gun for public perusal, and the Special Metropolitan

Article 38 (Designation of Development Restriction Zones)

(1) Where the Minister of Land, Transport and Maritime Affairs deems it necessary to restrict urban development in order to prevent any disorderly expansion of cities and to preserve the natural environment surrounding cities in order to ensure the healthy living environment for urban citizens, or to restrict development of a security city at the request of the Minister of National Defense, he/she may determine designation

(2) Matters necessary for designating or changing development restriction zones shall be separately prescribed by other Acts.

Article 43 (Installation and Management of Urban Planning Facilities)

(1) Where infrastructure is to be installed on the ground, water, air, underwater or underground, it shall be determined in advance by the urban management plan of B, such as the type, name, location, size, etc. of the relevant facility: Provided, That this shall not apply to cases prescribed by Presidential Decree in consideration of the characteristics, etc. of specific use areas

(2) Necessary matters concerning the determination, structure and standards for installation of urban planning facilities shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That where special provisions exist in other Acts,

(3) Matters concerning the management of urban planning facilities installed pursuant to paragraph (1) shall be prescribed by Presidential Decree in cases where the State manages the urban planning facilities other than light rain prescribed in this Act or other Acts, and by ordinances of the relevant local autonomous body in cases where the local government manages them.

(1) Rules on the determination, structure, and installation standards of the Gu urban planning facilities (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 187 on December 14, 2009)

of this chapter)

Article 156 (Waste Disposal Facilities)

The term "waste disposal facilities" in this Section means the following facilities: Provided, That facilities referred to in the subparagraphs of Article 38 of the Enforcement Rules of the former Wastes Control Act shall be excluded herefrom:

1. Facilities installed by any of the following persons among the waste disposal facilities under subparagraph 8 of Article 2 of the former Wastes Control Act:

(a) The head of a Si/Gun/Gu;

(b) A person who has obtained permission for a waste disposal business under Article 25 (3) of the former Wastes Control Act: Provided, That this shall not apply to cases of installing facilities for the purpose of recycling wastes;

(c) A person who intends to obtain permission for a waste treatment business under Article 25 (3) of the former Wastes Control Act and who receives a notice of conformity with a business plan pursuant to Article 25 (2) of the same Act: Provided, That this shall not apply where he/she installs any facility for the purpose of recycling wastes;

(1) The former Wastes Control Act (amended by Act No. 9770, Jun. 9, 2009)

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

4. The term "designated wastes" means the wastes prescribed by Presidential Decree, among the industrial wastes, which may pollute the surrounding environment, such as waste oil and waste acid, or may cause harm to the human body, such as medical wastes; 5. The term "medical wastes" means the wastes prescribed by Presidential Decree, among the wastes discharged from public health and medical institutions, veterinary clinics, testing and inspection institutions, etc., which are feared to cause harm to the human body, such as infection, etc., and the wastes deemed to require special management for public health and environmental protection, such as parts of human bodies, and carcasses of laboratory animals;

8. The term "waste treatment facilities" means both interim and final waste treatment facilities prescribed by Presidential Decree. Article 25 (Waste Treatment Business)

(1) A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes (hereinafter referred to as "waste treatment business") (excluding a person who intends to recycle domestic wastes, excluding food and plant wastes, and a person who has reported on waste treatment) shall submit a waste treatment business plan to the Minister of Environment, where the target is designated wastes, and submit such plan to the Mayor/Do Governor, where the target is the designated wastes, as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply where he/she

(2) The Minister of Environment or a Mayor/Do Governor shall review a waste treatment business plan submitted pursuant to paragraph (1) on the following matters and notify the person who has submitted the waste treatment business plan of its suitability:

1. Whether a person (including an executive in cases of a corporation) who intends to obtain a license for waste treatment business falls under the grounds for disqualification under Article 26;

2. Whether the location, etc. of waste disposal facilities conflict with other Acts;

3. Whether facilities, equipment, and technical capability specified in the waste treatment business plan meet the standards for permission under paragraph (3);

4. Impact of installation and operation of waste disposal facilities on the surrounding environment, including water sources;

(3) A person who has received a notification of suitability pursuant to paragraph (2) shall obtain permission from the Mayor/Do Governor for each type of business within two years (six months in cases of waste collection and transportation business, and three years in cases where it is necessary to install incineration facilities and landfill facilities among waste disposal business) from the date he/she receives such notification, after having equipped facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment: Provided, That a person who intends to conduct a

Article 29 (Installation of Waste Disposal Facilities)

(2) Any person, other than those who have obtained permission for waste disposal business under Article 25 (3) or intend to install waste disposal facilities, shall obtain approval from the Minister of Environment: Provided, That the foregoing shall not apply to installation of waste disposal facilities under subparagraph 1, and shall report to the Minister of Environment to install

1. Waste disposal facilities installed and operated by schools, research institutes and other persons prescribed by Ordinance of the Ministry of Environment for the purposes of testing and research, as prescribed by Ordinance of the Ministry

2. Waste disposal facilities of a scale prescribed by Ordinance of the Ministry of Environment;

(1) The former Enforcement Decree of the Wastes Control Act (amended by Presidential Decree No. 21904, Dec. 24, 2009)

Article 5 (Waste Disposal Facilities)

Waste disposal facilities under subparagraph 8 of Article 2 of the Act are as specified in attached Table 3.

[Attachment 3]

Types of waste disposal facilities (related to Article 5)

1. Interim treatment facilities;

(a) Incineration facilities;

(i) General incineration facilities;

(1) Enforcement Rule of the former Wastes Control Act (amended by Ordinance of the Ministry of Environment No. 359 on January 15, 2010)

Article 38 (Waste Disposal Facilities Subject to Report on Installation)

"Waste disposal facilities of a scale prescribed by Ordinance of the Ministry of Environment" in Article 29 (2) 2 of the Act means the following facilities:

1. General incineration facilities the daily treatment capacity of which is less than 100 tons (10 tons in the case of designated wastes);

4. Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 9436, Feb. 6, 2009)

(2)

Article 1 (Purpose)

The purpose of this Act is to prescribe matters necessary to designate development-restricted zones under Article 38 of the National Land Planning and Utilization Act, to restrict activities performed in development-restricted zones, to provide support to residents in development-restricted zones, to purchase land, and to efficiently manage development-restricted zones with the aim of preventing urban disorderly proliferation and ensuring the healthy living environment for citizens through the conservation of the natural environment surrounding cities.

Article 3 (Designation, etc. of Development Restriction Zones)

(1) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary to restrict urban development or to restrict the development of a security city at the request of the Minister of National Defense in order to ensure a healthy living environment for urban citizens through the prevention of disorderly expansion of cities and the conservation of the natural environment surrounding cities, determine the designation or cancellation of development restriction

(2) Standards for designating development restriction zones and releasing such designation shall be prescribed by Presidential Decree, comprehensively taking into account the economic and social conditions, such as population, industries, transportation, and land use of any city subject to restriction on development, trends in urban diffusion, and natural environmental conditions, including topography.

Article 11 (Formulation, etc. of Plan for Managing Development Restriction Zones)

(1) A Mayor/Do Governor having jurisdiction over a development restriction zone shall establish a management plan for development restriction zones (hereinafter referred to as "management plan") including the matters falling under each subparagraph of large scale every five years to comprehensively manage the development restriction zone and obtain approval from the Minister of Land, Transport and Maritime

4. Installation of urban planning facilities (hereinafter referred to as "City/Do planning facilities") under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act in a development restriction zone;

5. Construction of a building in a development restriction zone in excess of the size prescribed by Presidential Decree;

Article 12 (Restriction on Acts within Development Restriction Zones)

(1) No person shall construct a building, change the purpose of use, install a structure, change the form and quality of land, store goods, or implement an urban planning project (hereinafter referred to as "urban planning project") pursuant to subparagraph 11 of Article 2 of the National Land Planning and Utilization Act within a development-restricted zone: Provided, That a person who intends to perform any of the following acts may perform such act after obtaining permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si/Gun/Gu"):

1. Constructing or installing any of the following buildings or structures, which are prescribed by Presidential Decree, and changing the form and quality of land resulting from such construction or installation:

(a) Public facilities, such as roads, railroads, water supply and sewerage;

(c) Structures and installations used for the business of agriculture, forestry and fisheries, such as cattle sheds and warehouses;

(c) Housing and neighborhood living facilities;

(d) Facilities used jointly by residents in a development restriction zone, such as farm roads, banks, village halls, etc.;

(e) Outdoor sports facilities;

(f) Facilities for leisure of urban citizens, such as recreational forests and arboretums;

(g) National defense and military facilities;

(h) Public interest facilities, including schools, waste disposal facilities, and electricity supply facilities;

2. Relocating buildings in development-restricted areas to village areas designated under Article 15;

3. Creation of a settlement complex to remove and construct buildings removed from a development restriction zone due to any public works referred to in Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (limited to the public works executed within the development restriction zone);

5. Felling trees, the area and quantity of which exceeds the scale prescribed by Presidential Decree;

6. Dividing land within the extent prescribed by Presidential Decree;

7. Piling up articles prescribed by Presidential Decree, such as sand, gravel, earth and stones for a period set by Presidential Decree; 8. Change of the purpose of use of buildings prescribed by Presidential Decree, among buildings referred to in subparagraph 1 or 13 for neighborhood living facilities or other purposes prescribed by Presidential Decree;

(2) Notwithstanding the proviso to paragraph (1), acts prescribed by Presidential Decree, such as substantial repair of housing and neighborhood living facilities, may be reported to the head of a Si/Gun/Gu.

(3) Notwithstanding the proviso to paragraph (1) and paragraph (2), minor acts prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs may be performed without obtaining permission or filing a report

(4) Where the head of a Si/Gun/Gu grants permission to construct a building exceeding the scale prescribed by Presidential Decree, among activities under the subparagraphs of paragraph (1), to change the form and quality of land, etc., he/she shall undergo deliberation by the Special Self-Governing Province or the Si/Gun/Gu urban planning committee after hearing the opinions of residents and consulting with the heads of related administrative agencies, as prescribed by Presidential Decree: Provided, That this shall not apply where the form and quality of land is changed to construct a City/Do planning facility

(5) Where permission is granted pursuant to the proviso to paragraph (1), the provisions concerning the reinstatement of performance bonds under Articles 60 and 64 (3) and (4) of the National Land Planning and Utilization Act and the provisions concerning the completion inspection under Article 62 of the same Act shall apply mutatis mutandis.

(6) A person who has commenced construction works or projects with permission, etc. (including cases where permission, etc. is not necessary under the related Acts and subordinate statutes) under the related Acts and subordinate statutes at the time of designation of a development restriction zone with respect to the acts under subparagraphs of paragraph (1) and paragraph (2) may continue to

(7) Detailed standards for permission or reporting, such as scale and height of a building or structure subject to permission or reporting under the proviso to paragraph (1), landscaping within a site, building-to-land ratio, floor area ratio, partition of land, scope of changing the form and quality of land, shall be prescribed by Presidential Decree.

(8) Where the Minister of Land, Transport and Maritime Affairs or a Mayor/Do Governor announces an implementation plan pursuant to Article 91 of the National Land Planning and Utilization Act to install public facilities under paragraph (1) 1 (a), the relevant urban planning facility project shall be deemed to have obtained permission under the proviso to paragraph

(9) A person who intends to obtain constructive permission pursuant to paragraph (8) shall submit documents necessary for permission when applying for authorization of an implementation plan, and when the Minister of Land, Transport and Maritime Affairs or a Mayor/Do Governor prepares or approves an implementation plan, he/she shall consult with the head of a

(1) Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Presidential Decree No. 21670, Aug. 5, 2009)

of this chapter)

Article 13 (Types, etc. of Buildings or Structures Subject to Permission)

(1) The types of buildings or structures, and the scope of construction or installation under Article 12 (1) 1 of the Act shall be as specified in attached Table 1.

[Attachment 1]

The type of buildings or structures, the scope of construction or installation (related to Article 13 (1))

19

A person shall be appointed.

Article 20 (Subjects of and Procedures for Hearing Opinions, etc. of Residents)

(1) "Construction of buildings exceeding the scale prescribed by Presidential Decree or alteration of the form and quality of land" in the main sentence of Article 12 (4) of the Act means the following construction or alteration to the form and quality of land: Provided, That construction of stables or alteration to the form and quality of land shall be excluded herefrom:

1. Construction of a building with a total floor area of at least 1,500 square meters (where a parcel is divided and buildings are constructed on each parcel, referring to the total floor area of stables constructed on each parcel);

2. Change to the form and quality of land exceeding 5,00 square meters in the area (where a parcel is divided and the form and quality of land is altered, referring to the total area of each parcel plus the alteration to the form and quality thereof) of the land: Provided, That in the case

Article 22 (Standards for Permission)

Detailed criteria for permission under Article 12 (7) of the Act shall be as specified in attached Table 2.

[Attachment 2]

Detailed Criteria for Permission (Article 22 Related to Article 22)

1. General standards:

E. Regarding the installation of urban planning facilities, construction of buildings and alteration to the form and quality of land under Article 11(1)5 of the Act

, if no management plan is formulated or it violates the contents of the formulated management plan, the establishment, etc. thereof;

shall not be permitted.

2. Construction of buildings, or installation of structures;

(c) Infrastructure among buildings or structures, the total floor area of which is at least 1,500 square meters, or the alteration of land form and quality;

Article 35 of the Enforcement Decree of the National Land Planning and Utilization Act shall not apply to facilities, the area of which is not less than 5,00 square meters.

Gu and shall be installed as urban planning facilities.

(1) Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Presidential Decree No. 21670, Aug. 5, 2009)

have become effective August 7, 2009

Article 13 (Types, etc. of Buildings or Structures Subject to Permission)

(1) The types of buildings or structures, and the scope of construction or installation under Article 12 (1) 1 of the Act shall be as specified in attached Table 1.

[Attachment 1]

The type of buildings or structures, the scope of construction or installation (related to Article 13 (1))

A person shall be appointed.

In the case

City

In case of the Addenda

Article 3 (Transitional Measures against Restriction on Activities)

(1) Where permission (including where permission is applied for) is granted pursuant to the previous provisions at the time this Decree enters into force, notwithstanding the amended provisions of attached Table 1, the previous provisions shall apply.

/Building Act

Article 79 (Measures against Unlawful Buildings, etc.)

(1) If a building site or a building violates this Act or any order issued or disposition taken under this Act, the competent permitting authority may revoke permission or approval granted under this Act, or order the owner, contractor, on-site manager, owner, manager, or occupant (hereafter referred to as "owner, etc." in this paragraph) of the building to suspend construction, or to remove, rebuild, extend, repair, alter, alter the purpose of use, prohibit the use of, restrict the use of, or take other necessary measures for, the building.