205 old and 3754 Revocation of dispositions such as the refusal to approve the housing construction project plan.

1. A housing association;

Daejeon Sung-dong 373 - 1

Representative of the Association and the president of the Association

2.Dong Construction Co., Ltd.

Daejeon Middle-gu, Daejeon 407 - 84

The representative director, the secretary secretary and the secretary secretary

[Judgment of the court below]

The head of Si/Gun/Gu in Daejeon Metropolitan City

Attorney Ha-han et al., Counsel for the defendant

The litigation performer associates, the Nam-gu

October 25, 2006

November 22, 2006

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

On December 21, 2005, the Defendant’s refusal disposition to approve the housing construction project plan against the construction company (as a whole, taking into account the purport of the argument in subparagraph 1, the Plaintiff Taeduk Research Complex Housing Association, a joint project proprietor, applied for the approval of the housing construction project plan with the construction company and received the rejection disposition from the Defendant. However, as the Plaintiff’s Dong, a joint project proprietor, is disputing the instant disposition to refuse the approval of the said housing construction project plan only with the construction company, the Plaintiff’s refusal disposition against the construction company is revoked on the above premise, and on the above premise, the Plaintiff’s refusal disposition to approve the housing construction project plan is revoked.

1. Details of the disposition;

The following facts are not disputed between the parties, or may be acknowledged by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 1, Eul evidence 21 to 28, Eul evidence 1, and Eul evidence 2 (including numbers):

A. The Plaintiff Taeduk Research Complex Housing Association (hereinafter referred to as the “Plaintiff Association”) is an organization consisting of 21 employees belonging to the Korea Advanced Research Institute, a research institute in Korea within the Taeduk Research Complex. The Plaintiff Dong is a corporation for housing projects, etc. The Plaintiff Dong is a joint project proprietor. On November 2, 2005, the Plaintiffs filed an application with the Defendant for the approval of the establishment of the Plaintiff Housing Association on the ground area 5, 129, 462m2, 36m2, 46m2, 46m2, 36m2, 74m2, and 10m2 (hereinafter referred to as the “instant application site”). On the other hand, on November 2, 2005, the Plaintiff filed an application with the Defendant for the approval of the establishment of the Plaintiff Housing Association on the ground area 5, 129m2, 46m2, 367m2, 44m2, and 18m2, Dong-dong Housing.

B. On December 21, 2005, the defendant rejected the application for the approval of the housing construction project plan and the authorization of the housing association for the following reasons.

Grounds for Disposition

(1) According to Article 25 of the National Land Planning and Utilization Act, an urban management plan is a basic urban planning, etc.

The higher plan shall be consistent, and the area is planned as a conservation site under the basic urban planning.

Except as inevitable, the permission for large-scale development projects is unreasonable and unreasonable;

(2) A natural green belt under Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act shall be a green belt in the city.

It is necessary to preserve the space for securing space, prevention of urban diffusion, supply of future urban sites, etc.

A district unit system is a district in which limited development is allowed only in extenuating circumstances.

large-scale development projects through catch are not permissible;

(3) On August 26, 2005 for the development, etc. of future and systematic Taeduk Special Research and Development Zone

Areas in which permission for development activities is restricted under Article 63 of the Planning and Utilization Act;

(4) is in conflict with the development under section 58 of the National Land Planning and Utilization Act;

(5) The number of households for which the application is filed shall be a total of 184 households or 21 households if the remaining households are sold to the public.

Article 30 and 2 of the Enforcement Decree of the Special Act on the Fosterage of Fosterage Special Research and Development Zone, etc. (attached Table 6)

(Attachment 6): An association for residence of a person who confirms that he/she is working in an occupancy institution;

Only houses),

(6) Access roads are not infrastructure under the management plan, but for the area of educational research and commercialization facilities.

shall be prior to the modification of the development plan and implementation plan;

(7) Article 12 of the Enforcement Decree of the Housing Act has not secured the ownership of the housing construction site.

2. Parties’ assertion

The defendant asserted that the disposition of this case is lawful on the grounds of the above grounds of disposition and relevant statutes, and that the plaintiffs asserted that the disposition of this case is unlawful on the grounds as follows.

A. Exclusion from the application of the National Land Planning and Utilization Act

In light of the provisions of Articles 3, 36, and 30 of the Special Act on the Promotion of the Taeduk Special Research and Development Zone, etc. (hereinafter referred to as the "Seoul Special Zone Act"), the provisions on restrictions on development activities under the National Land Planning and Utilization Act (the "National Land Planning Act") shall not apply to the construction of the instant multi-family housing for researchers within the Taeduk Special Research and Development Zone, etc. (the construction of the instant multi-family housing for researchers within the Taeduk Special Research and Development Zone, the provisions on restrictions on development activities under the National Land Planning and Utilization Act (the "National Land Planning Act") as a general corporation.

B. Illegal notification of restriction on development permission

The Defendant’s notice of restriction on development permission violates the provisions that the National Land Planning Act should be announced in advance, and the area of land that can be deliberated on by the public notice of restriction on development activities pursuant to Article 59 of the National Land Planning Act and Article 57 subparag. 3(a) of the Enforcement Decree of the same Act is less than 30,000 square meters, and deliberation over the above area is unlawful, and the public notice of restriction on development permission made by illegal deliberation is unlawful. Moreover, the public notice of restriction on development permission also contravenes the purport of the provisions of the

(c) Exclusion from the application of Article 58 of the National Land Planning and Utilization Act and Article 55 of the Enforcement Decree thereof;

The plaintiffs filed an application for approval of the housing construction project plan pursuant to the Housing Act, and the housing construction project plan under the Housing Act is premised on the development of land for housing construction with a size of at least 10,000 square meters for housing supply. In accordance with the requirements of Articles 16 and 17 of the Housing Act, the determination of whether to grant the permission is made pursuant to the requirements of Articles 16 and 17 of the Housing Act. In the process, the part related to the authorization and permission, such as the National Land Planning Act, is a compromise with the relevant administrative agency, and is not immediately subject to Article 58 of the National Land Planning Act

(d) Illegal acts which have not gone through deliberation by the urban planning committee;

In the procedure of approving a housing construction project plan, matters concerning the permission for development activities under the National Land Planning and Utilization Act shall undergo consultation with the relevant administrative agencies under Article 17 of the Housing Planning Act, and Articles 56 and 59 of the National Land Planning and Utilization Act shall necessarily follow the procedures for deliberation by the urban planning committee, if such consultation is held. Nevertheless, the defendant did not necessarily undergo deliberation by the urban planning committee as stipulated in the preceding disposition.

(e)the deviation and abuse of discretionary power;

(1) The instant application is a piece of land remaining after carrying out a housing site development project for the previous zone in the land development project. The land in question is almost abandoned in the state where standing timber level and green zone status are not urgent compared to the Daejeon Seodong-dong, Seodong, Daejeon-dong, Daejeon-dong, Seoul-do, which the Defendant already built, and the instant apartment house is designed environmentally and environmentally. Thus, there is no possibility that the need for green conservation, the development of green areas, or the surrounding environment may be destroyed.

(2) Even after obtaining project approval and authorization for establishment, additional recruitments can be conducted more than once, and there is no reason not to later modify the development plan and implementation plan since the Korea Institute of Korean Medical Research consents to the use of the site as access roads to the site of this case by the Korean Institute of Medical Research from the site of this case, and it is possible for the Plaintiff Union to secure ownership later after submitting a written consent for land use.

(3) The defect in the composition of a union member occurred due to the defendant's erroneous administrative guidance, and the defendant promised to grant permission to the plaintiffs at least eight times, and as such, the plaintiffs invested a huge amount of money in land purchase and service expenses, etc., the disposition of this case is in violation of the principle of good faith.

Therefore, the application for approval of the housing construction project plan and the establishment of the workplace-based housing association for the instant application is unlawful by deviating from the scope of discretion or abusing discretion.

3. Whether the instant disposition is lawful

A. Relevant statutes

The provisions of the attached Table shall be as specified in the statutes.

(b) Facts of recognition;

The following facts may be acknowledged by taking into account the following facts: Gap's evidence 1 through 3, Gap's evidence 6 through 8, Gap's evidence 10, Gap's evidence 11, Eul's evidence 13 through 17, Eul's evidence 17, Eul's evidence 18 (including each number), and Eul's evidence 18 (including each number), and the results of the on-site inspection on June 26, 2006 of this Court, the head of the Korea Medical Research Institute in Korea of this Court, the head of the Korea Medical Research Institute in Science and Technology, and the purport of body before the argument for each fact-finding on the Minister of Science and Technology.

(1) Application for a building deliberation

On May 25, 2005, the Plaintiffs filed an application with the Defendant for deliberation on a building in accordance with the provisions of the Taeduk Science Complex Management Act ( repealed by Act No. 7363, Jan. 27, 2005) which was repealed after executing the housing construction project at the instant application site. However, the Defendant rejected the application for deliberation on June 22, 2005 on the ground that the said application violates the relevant Acts and subordinate statutes. The Plaintiffs filed an application for reexamination of a building with the Defendant on August 25, 2005, and the Defendant excluded the application from the deliberation on the revision of the "Operation Guidelines for the Seongbuk-gu Building Committee to be implemented to the Plaintiffs on September 16, 2005," so the Defendant responded to the instant housing construction project to be implemented in accordance with the relevant Acts and subordinate statutes, such as the Taeduk Science Science Complex Management Act and the Housing Act.

(2) Application for approval of the housing construction project plan and for authorization of the workplace housing association, and request for supplementation therefor.

(A) On November 2, 2005, the Plaintiffs (including a housing site preparation project) proposed approval for the housing construction project to the Defendant on November 2, 2005

An application for authorization for the establishment of the agency and workplace association was filed.

(B) On November 4, 2005, the Defendant demanded the Plaintiffs to supplement the following matters.

0. Securing and submitting the title to use the applied site pursuant to Article 16 of the Housing Act;

0 Failure to affix the seal of the contractor on the application

(C) On December 7, 2005, the Defendant demanded the Plaintiffs to supplement the following additional matters:

was.

0 The number of households applied for shall be a total of 184 households or 21 households if the remaining households are sold to the general public.

Article 30 of Enforcement Decree of the Act on the Special Economic Zone for Seoul Metropolitan Area (attached Table 6) and subparagraph 2 of [Attachment Table 6].

It is not in conformity with the apartment house for a person who confirms that he/she is a deceased person;

0. Submission of documents under Article 10 (2) 3 through 8 of the Enforcement Rules of the Management of Mountainous Districts Act

0. State property under the jurisdiction of the Ministry of Agriculture and Forestry in accordance with Article 36(2) of the Farmland Act shall be any area for farmland conversion.

application for re-application

0. Securing title to housing construction site under Article 12 of the Enforcement Decree of the Housing Act;

0. Requirements for housing construction registered business operators under Article 13 of the Enforcement Decree of the Housing Act for the last five years.

Submission of the results of home construction;

0 Submission of the basis for calculation of underground floors

0 To submit a detailed map by expanding the allocation of human street, and to secure 102 human street;

0 Submission of a detailed map of the retaining wall part (such as marking, etc. of the distance from the building)

0 Submission of a detailed map of underground parking lots (to secure a front door radius and an internal circulation space)

0 The roads of Daejeon Metropolitan City where the site of the Korea Medical Institute, which enters the project site, is connected to the whole citizens.

Submission of consultation documents on authorization and permission (including opening a private road) under the Ordinance on Connection with other roads, etc.

(D) On December 13, 2005, the Defendant requires the Plaintiffs to supplement the following additional matters:

was.

0 Access roads are not infrastructure under the management plan, so it is unnecessary to modify the management plan, but the project is not necessary.

It is necessary to modify the development plan, implementation plan, etc. for areas for educational research and commercialization facilities before implementation.

0. Matters prescribed by Article 33 (3) of the Enforcement Decree of the Seoul Special Zone Act among the matters approved to move in under Article 37 of the same Act.

When changing any matter, the Ministry of Science and Technology shall obtain approval for changing occupancy in the Ministry of Science and Technology and (Reasons for Change)

(1) whether the approval or approval is reasonable, and if necessary, a panel of experts;

in case of transfer of land, etc., the approval of transfer under Article 38 of the Act is required

0 With respect to whether approval of the board of directors and future feasibility of the letter of confirmation of the Korean Medical Institute

b) submit a separate confirmation of the Institute of Korean Medical;

(E) The defendant on December 21, 2005 filed the above application with the plaintiffs on December 21, 2005 as the reasons for the disposition were examined.

non-permission disposition of this case was made.

(3) Opening of access roads

(A) On August 11, 2005, the Korea Institute of Korean Medical Sciences promoted by the Plaintiffs. The instant case promoted by the Plaintiffs

Where the construction deliberation of multi-family housing passes from the defendant, the articles of incorporation of the Korea Institute of Medical Sciences.

with the approval of the board of directors in accordance with the procedures set forth in the

Using the site 461-24 site from Seongbuk-gu, Sung-dong 461-24 as access roads, etc. leading to the application of this case

I have prepared and issued a written confirmation to confirm that "...."

(B) However, on February 6, 2006, the Korean Institute of Korean Medical Sciences shall be confirmed by the Plaintiffs to the Minister of Science and Technology.

As a result, the present site owned by the Korea Institute of Medical Sciences is located in the application of this case.

It is impossible to approve the use as access roads, etc. from the original plaintiffs.

set up a quasi-certification and cancelled the quasi-certification.

(C) However, on July 20, 2006, the Korea Institute of Korean Medical Sciences (Korea Institute of Medical Sciences), however, to the Plaintiffs, “the Plaintiffs,” and “the instant lawsuit.”

If the defendant won the case and obtains business approval from the defendant, the determination of the Korea Medical Institute

The procedures set forth in the Office and with the approval of the Minister of Science and Technology, and following the Korean Institute of Medical Sciences

It is possible to use the above site as access roads to the site of this case.

I have re-established and issued a letter of confirmation that "....."

(D) After that, the Korean Institute of Korean Medical Research provides a reply to the fact-finding of this Court; access roads;

With respect to the establishment, etc., the Minister of Science and Technology or the Board of Directors has requested approval.

In this paper, no specific plan is established in the future.

(4) Current status of the instant application site

(A) Under an urban management plan, a special-purpose area is an urban area, natural green area, and

A district unit planning zone, or a research complex, a national industrial complex, or a land transaction permission zone;

Land use under the Taeduk Special Zone Act is a green belt zone.

(B) The application in this case shall be located at the end of the lower mountain village, the northwest of which is high, the south east of which shall be located at the end of the lower mountain village.

Ro High School, in the future, commercial buildings, etc. are distributed, and to North Korea.

It is linked to the Sung-Se apartment complex and the Korean Medical Research Institute. The southwest inside the application site of this case shall be located.

Field, which seems to be currently being cultivated, is formed, and west-wester wester; and

G. On the other hand, entry to the application of this case can be made.

Roster is currently in no place.

C. Determination on the application for approval of the housing construction project plan

(1) Determination as to the assertion of exclusion from the application of the National Land Planning and Utilization Act

The Act on the Special Economic Zone has been established with the aim of facilitating research and development of universities, research institutes, and enterprises located in the relevant area, facilitating mutual cooperation, and supporting commercialization of research outcomes and establishment of the national technology. To achieve such objective, the provisions of Chapters III through VIII, which prescribe special cases to relax regulations on special zones, shall prevail over other Acts and subordinate statutes: Provided, That if regulations are more relaxed than those of this Act, such regulations shall prevail over those of other Acts and subordinate statutes, to ensure that research and development enterprises can be established in the special zone to directly commercialize research outcomes developed by national research institutes and government-funded research and development zones, to provide support for employment subsidies, etc., tax support, loans to high-tech enterprises and research companies, and to promote the development of research and development projects, to the maximum extent necessary for the establishment and operation of special zones, such as the establishment and operation of special zones, shall be determined by the Act and subordinate statutes.

On the other hand, in order to create a pleasant research environment in a special zone, the Minister of Science and Technology under Article 36 manages the areas requiring the conservation of greenbelts as green zone zones, and to maintain a pleasant research environment, the Minister of Science and Technology, after consultation with the Minister of Construction and Transportation and the heads of competent local governments, may partially restrict the types of buildings, the construction of which is permitted within the specific-use area designated under Article 76 of the National Land Planning and Utilization Act, as prescribed by the Presidential Decree, and the head of competent local government may establish subcommittees to examine the designs of buildings exceeding the size prescribed by the Presidential Decree at the Building Committee established under Article 4 of the Building Act in order to ensure that the buildings constructed within the special zone are suitable for the function of the special zone. Accordingly, Article 30 of the Enforcement Decree of the Act on the Special Zone for Metropolitan Areas provides for the types of buildings, the construction of which is restricted, and the types of buildings allowed to be constructed within the specific-use area designated under the National Land Planning and Utilization Act are limited to multi-unit houses of the relevant agency.

In light of the purpose and regulatory structure of the Act on the Special Economic Zone, and the language and text of Article 36, considering that the construction of the common house of this case is not a special zone development project, Article 36 of the Act on the Special Economic Zone cannot be deemed a special provision for deregulation under Article 3. Rather, Article 36 of the Act on the Special Economic Zone cannot be deemed a special provision for the special zone development project. Rather, the special provision for the special provision for the regulation strengthening of regulations that limits the types of buildings allowed to be constructed in order to maintain a pleasant research environment and to make the buildings constructed in the special zone appropriate for the function of the special zone. Accordingly, even if the apartment house intended to be constructed in the housing construction project of this case is a apartment house and multi-household house for the residence of a person who confirms that the head of the occupancy institution is an employee of the relevant institution, the relevant provisions of the National Land Planning Act should be applied as a matter of course. Thus, the plaintiffs' assertion that the provisions of the National Land Planning Act on the construction of the apartment

(2) Determination of illegality in the notice of restriction on development activities

In full view of the purport of the entire argument in Eul evidence No. 6, the defendant, on August 26, 2005, needs to prevent reckless development and to restrict permission for development to promote green belt zones within the Taeduk Special Research and Development Zone as prescribed by the Taeduk Special Research and Development Zone Act without any delay in the future. Thus, pursuant to Article 63 of the National Land Planning and Utilization Act, a public notice of restriction on permission for development of large green belt zones within which permission for development is restricted pursuant to the following provisions of Article 63 of the National Land Planning and Utilization Act is established, and on the same day

0 Areas subject to restriction: 3,580,000 square meters in Taeduk Special Research and Development Zone including the place of application in this case

0. Grounds for Restrictions: Large morals in comprehensive consideration of changes in urban conditions, etc. in the Seoul Special Research and Development Zone area;

A future-oriented high-tech industrial complex in accordance with the development plan established under the Special Zone Act;

An area for which a construction plan is to be prepared or planned, and a point under the National Land Planning and Utilization Act;

Stick interference, etc. with development plans for high-tech industrial complexes planned for development activities;

Since development is likely to be developed, it is necessary to restrict permission for development activities to prevent poor development.

c) A failure in a planned development consistent with the development plan for the Taeduk Special Research and Development Zone

(2) For the purposes of promoting the project without delay:

0. Subjects of restrictions on permission for development activities: Development activities under Article 56 of the National Land Planning Act.

0. Restriction period: between August 26, 2005 and three years (it may be extended only once).

Meanwhile, Article 63(3) of the National Land Planning and Utilization Act provides that "When the Minister of Construction and Transportation, the Mayor/Do Governor, or the head of a Si/Gun intends to restrict the permission of development activities, he/she shall publicly notify in advance the act subject to the restriction of restriction and the period of restriction." However, the above public notice was enacted on August 26, 2005, and immediately posted it in the public bulletin as of the same day, and the period of restriction is calculated from the date of publication of the above public bulletin, and thus, it violates the provisions of Article 63(2) of the National Land Planning and Utilization Act that should be announced in advance.

However, even if there were such errors, as examined in the determination of the remaining grounds for disposition other than this part, the application for the approval of the housing construction project of this case not only seems to be clearly prohibited by the relevant laws, such as the Housing Act, but also cannot be deemed to constitute deviations from discretion or remaining uses. Ultimately, it is sufficient to recognize the Defendant’s disposition as a legitimate disposition in accordance with the relevant laws and regulations only on the grounds of the remaining grounds except for procedural defects in the notice.

In addition, Article 59 of the National Land Planning and Utilization Act and Article 57 (2) 3 of the Enforcement Decree of the same Act are the provisions concerning the scope of deliberation by the National Land Planning Board, which shall be required to obtain permission for development activities under Article 56 of the National Land Planning and Utilization Act, and they do not limit the size of restriction or deliberation area in imposing the restriction on development activities. Therefore, the plaintiffs' assertion on this part is not accepted (In the meantime, the plaintiffs' assertion that the notice of restriction on development activities goes against the purport of the Act on the Special Economic Zone, but are not accepted as

(3) Determination on the assertion that Article 58 of the National Land Planning and Utilization Act and Article 55 of the Enforcement Decree of the same Act are excluded;

Article 17 of the Housing Act provides that when a Si/Do Governor approves a project plan, the matters consulted with the heads of relevant administrative agencies regarding permission, authorization, decision, approval, report, etc. for development activities under Article 56 of the National Land Planning Act shall be deemed to have been obtained, permission, etc., and any person who intends to obtain legal fiction, such as permission, permission, etc. shall submit related documents prescribed by relevant Acts and subordinate statutes when he/she files an application for approval of a project plan, and where the matters falling under permission, etc. for development activities under Article 56 of the National Land Planning Act are included in the project plan when he/she intends to obtain approval of the project plan, he/she shall submit related documents prescribed by relevant Acts and subordinate statutes in advance and consult with the heads of relevant administrative agencies. The purport of recognizing that an applicant is required to obtain approval, permission, etc. under other Acts and subordinate statutes is not to strictly exclude the application of the National Land Planning Act, such as the National Land Planning and Utilization Act, and thus, to promote and resolve the burden of the applicant's approval and approval procedures through the National Land Planning Act.

The Plaintiff’s assertion that this part does not apply also cannot be accepted.

(4) Judgment on the unlawful assertion that has not gone through the deliberation of the urban planning committee

As seen earlier, in approving a housing construction project plan under Article 17 of the Housing Act, where matters falling under the permission, etc. for development activities under Article 56 of the National Land Planning and Utilization Act are included in the said project plan, the person who intends to engage in development activities under Article 56 of the National Land Planning and Utilization Act shall obtain permission for development activities from the head of the relevant administrative agency by submitting related documents, such as permission, etc. for development activities, and the head of the relevant administrative agency shall obtain permission for development activities; and Article 59 of the Enforcement Decree of the National Land Planning and Utilization Act and Article 57 (1) of the Enforcement Decree of the same Act, “where he/she intends to obtain permission, permission, approval, or consultation with the competent administrative agency under this Act or under other Acts, he/she shall undergo deliberation by the Urban Planning Committee on the relevant development activities.” In full view of the aforementioned provisions, the head of the relevant administrative agency’s application for permission for development activities under Article 57 of the Enforcement Decree of the National Land Planning and Utilization Act shall not necessarily require deliberation by the head of the relevant administrative agency.

Therefore, even though the instant application does not require deliberation by the Urban Planning Committee, even if the Defendant does not accept the application for permission for development activities in an area where a district unit plan is formulated, it does not necessarily require deliberation by the Urban Planning Committee as alleged by the Plaintiffs. Therefore, this part of the Plaintiff’s assertion is not accepted.

(5) Determination on the deviation and abuse of discretionary power

The approval of the housing construction project plan under Article 16 of the Housing Act is a so-called beneficial administrative disposition involving the effect of granting rights or benefits to the other party, unless otherwise stipulated in the Act and subordinate statutes, it belongs to the discretionary act of the administrative agency, and the housing construction project subject to such approval is in conflict with the restrictions provided for in the relevant Act and subordinate statutes, and even in the absence of such restrictions, the disposal authority may return the application for approval or make a decision of non-permission, if necessary for public interest. Therefore, in the case of the above discretionary action, the court shall, without drawing the independent decision, examine only whether the act in question deviates from or abused the discretionary authority, and the examination of the deviation or abuse of such discretionary authority is subject to the determination of facts and violation of the principle of proportionality.

In this regard, it is necessary to examine whether the instant disposition deviates from or abused the scope of discretion.

(A) According to the above facts, most of the instant applications are farmland or miscellaneous trees, which are likely to cause damage to trees, and the connected area has already been commercialized. However, according to the urban management plan, the instant application area is an area where it is necessary to preserve the green space of the city among urban areas, i.e., securing green areas of the city, preventing urban expansion, and supplying future urban sites, etc., and where limited development is required only in inevitable circumstances. The land use under the Seoul Special Zone Act is a place where the green area needs to be preserved in order to create a pleasant research environment in the special zone. In addition, in the National Land Planning Act for the above purpose of land use, as a matter of principle, the size of development activities is less than 10,00 square meters in the case of the green area. The instant application area exceeds the above restriction size.

In full view of Gap evidence 20 and Eul evidence 12 to 16 (including branch numbers), and the whole purport of the pleadings as a result of on-site inspection on June 26, 2006 of this court, the original village village apartment house, unlike the application of this case, is a orchard where the plaintiffs planted trees, and its surrounding status is different from the site of this case, such as where the entry road is already established. In addition, the original village village apartment house was permitted according to the related Acts and subordinate statutes, such as the Building Act, as to the application for a building permit for ten separate houses.

Therefore, the validity of the building permit cited by the Plaintiffs is a separate theory, and the application form of this case and the application form of this case and the surrounding environment are different. Moreover, considering the following, considering the following: (a) the Defendant’s notice of the permission for development activities under the National Land Planning Act is being implemented; and (b) the cases cited by the Plaintiffs are different from the cases cited by the Plaintiffs by the instant disposition; (c) one building permit or the housing construction project plan is approved in any area; and (d) it is not necessary to approve and make a contract for all the building permit or the housing construction project plan that is applied to the relevant area thereafter; and (e) it is possible to grant selective approval by taking into account whether there is a violation of the relevant laws and regulations in force at the time of the disposition, a change in the rate of housing supply in the relevant area, and specific location conditions, etc., the instant disposition cannot be deemed as going against equity.

(B) As a matter of principle, Article 39 of the Enforcement Decree of the Housing Act provides that workplace housing associations shall not replace or newly join the relevant association members after obtaining authorization for the establishment of the association. However, in exceptional cases, the approval for additional recruitment of association members may be granted only once, and an application for the change of the housing association following additional recruitment of association members shall be made within three months from the date of authorization for the establishment of the association. Meanwhile, Article 38 of the Enforcement Decree of the Housing Act provides that an application for the change of the housing association following the additional recruitment of association members shall be made to a person who is homeless in the case of a workplace-based association, and shall be a person who works for the same State agency, local government, or corporation located in the same Metropolitan City as of the date of application for authorization for the establishment of association.

In full view of the above provisions, as a matter of principle, the workplace housing association can not replace the relevant association member after obtaining the authorization for the establishment, but it can conduct additional recruitment of union members in exceptional friendship. Therefore, the number of union members should be close to the number of the number of household units of apartment houses, etc. to be constructed at the time of applying for the approval of the housing construction project plan. However, the number of household units of apartment houses of this case is excessive to the number of 21 members of the Korean National Institute of Science and Technology, and in light of the language and text of the above provisions, the number of union members of the household units of this case is too excessive to the number of union members. In light of the language and text of the above provisions, it is clear that the Plaintiff association is also able to recruit the union members who meet the requirements of workplace housing association members and can obtain the approval accordingly.

In addition, the plaintiffs asserted that the Korea Institute of Medical Sciences consented to the use of the site within the Korea Institute of Medical Sciences as access roads. However, such consent is not a conclusive consent but a premise for such consent, and if the housing construction project in this case is approved as the defendant's base, it can be recognized that the Korea Institute of Medical Sciences has cancelled such consent later. Moreover, the site within the Korea Institute of Medical Sciences is not an educational, research and commercialization facility zone under Article 35 (1) 4 of the Korea Institute of Medical Sciences Act, and it is possible to prior to the modification of the development plan and implementation plan for the said zone, so it is difficult or almost impossible to use the said site as access roads to the site of this case, taking into account the response of the Minister of Science and Technology with regard to the amendment of the plan.

In addition, Article 12 of the Housing Act provides that the total housing group shall secure ownership of the housing construction site and apply for approval of a project plan by meeting such requirements.Article 37 of the Enforcement Decree of the Housing Act only provides that a written consent for land use may be issued if necessary to determine whether it is possible to determine whether the ownership of the housing construction site can be confirmed prior to approval of a project plan.

Therefore, without securing ownership of a housing construction site, the instant application for approval of a project plan with only a written consent to land use was insufficient to satisfy the requirements. In addition, in light of the provisions of Article 37 of the Enforcement Decree of the Housing Act, it is not necessary to request supplementation after approval.

(C) In general, in administrative legal relations, the principle of protecting trust is applied to the acts of an administrative agency. First, the administrative agency should name the public opinion that is the subject of trust to an individual; second, in the trust of the administrative agency's opinion statement that is justifiable, there is no cause attributable to the individual; third, the individual should have trusted that the opinion statement is well-grounded; fourth, the administrative agency should have conducted any act against the above opinion statement that may result in an infringement on the interest of the individual who trusted the opinion statement; fourth, unless any administrative disposition is likely to harm the public interest or third party's interests, it is unlawful as an act contrary to the principle of protecting trust. Thus, even if the administrative disposition satisfies these requirements, if the public interest to be achieved by the administrative agency is contrary to the public opinion expressed above, and thus, if the individual who trusted the opinion statement of the administrative agency suffers a strong infringement on the interest of the administrative disposition, it cannot be said that such administrative disposition is unlawful.

First, there is no evidence to acknowledge that the Defendant issued a wrong administrative guidance on the composition of the Plaintiff’s association members, and that there was no public opinion on the Plaintiff’s acquisition of the housing construction project plan, including the Defendant’s promise to permit the Plaintiffs at least eight times. Rather, as recognized earlier, the Defendant only recognized that the Defendant provided a simple civil petition or administrative guidance, such as requesting the Plaintiffs to supplement the Plaintiffs’ application for deliberation on the building and the instant application for the instant construction project. Accordingly, it cannot be deemed that the Defendant expressed a public opinion that the Plaintiffs would accept the Plaintiffs’ application for the approval of the housing construction project plan, prior to the instant disposition.

(D) Furthermore, Article 12 of the Enforcement Decree of the Housing Act provides that "where a housing association and a registered business operator jointly intend to construct housing, a registered business operator shall have at least 50 million won in capital, three or more technicians in the fields of construction and civil engineering as prescribed in the Enforcement Decree of the Construction Technology Management Act (Annex 1); and the housing for the last five years.

According to the aforementioned facts, the Defendant may acknowledge the fact that the Plaintiff Company demanded supplementation on the ground that the Plaintiff Company did not meet the qualification requirements as a recording business operator, such as the above provisions, and there is no other evidence to recognize that the Plaintiff Company is qualified as a registered business operator. Thus, the Plaintiff Company cannot be a legitimate joint business operator (the Plaintiffs claim that the aforementioned circumstances are not grounds for disposition, but can be determined as a consideration for examining whether the Plaintiff’s deviation or abuse of discretionary power of the instant disposition, regardless of whether the addition or alteration of the grounds for disposition is permitted).

(6) Sub-decisions

As seen earlier, the application for the approval of the housing construction project plan in this case seems to be clearly prohibited by the relevant laws, such as the Housing Act, and it cannot be deemed that the Defendant’s disposition in this case was made by a false interpretation of the provisions of the relevant laws and regulations as alleged by the Plaintiffs, as well as the Defendant’s disposition in this case, which rejected the application in this case according to the need of discretionary authority and public interest, in full view of various circumstances in determining the deviation and abuse of discretionary authority, cannot be deemed to constitute a deviation or abuse of discretionary authority. Thus, even if the Defendant violated the provisions of Article 63(2) of the National Land Planning and Utilization Act, which provided that the notice of restriction on the permission for intentional act committed by the Defendant pursuant to the provisions of the National Land Planning and Utilization Act was made in advance, it would be sufficient to recognize the Defendant’s disposition as a legitimate disposition in accordance with the relevant laws and regulations.

D. Determination on non-permission of the application for the establishment of the housing association

In light of the legislative intent of the Housing Act and the purpose of the establishment of a housing association, the person who intends to apply for authorization, along with the qualifications of union members, the summary of union regulations and the project plan, Article 37 of the Enforcement Decree of the Housing Act, Article 34 of the Housing Act, which provides for the reasons for cancellation of authorization for the establishment of a housing association, and the purpose of administration to realize public interest, it shall be deemed that the business contents of the housing association applying for authorization pursuant to the provisions of the Housing Act are likely to violate the provisions of relevant Acts and subordinate statutes, such as the Housing Act, or undermine social order. In such a case, the rejection disposition may be denied even if there is no explicit grounds in the relevant Acts and subordinate statutes.

Thus, it is clear that the construction of apartment houses in the site of the application in this case is not permitted under the provisions of the above related Acts and subordinate statutes. Thus, the founder of the housing association in this case for this reason.

The defendant's disposition of this case, which rejected a provisional application, is legitimate.

4. Conclusion

Thus, the plaintiffs' claim seeking the cancellation of the disposition of this case which all of the application for the approval of the housing construction project of this case and the approval of the housing association is dismissed.

Judges Shin Jae-chul

Justices Kim Jong-soo

Judges Dohman

Related Acts and subordinate statutes

Housing Act

Article 9 (Registration of Housing Construction Projects, etc.)

(1) Any person who intends to implement a housing construction project of not less than the number of houses as determined by the Presidential Decree or who intends to implement a housing site preparation project of not less than the area as determined by the annual President Decree shall make a registration with the Minister of Construction and Transportation: Provided, That this shall not apply to the following project undertakers:

1. The State or a local government;

2. Korea National Housing Corporation or Korea Land Corporation;

3. Local corporations.

4. Public-service corporations established for purposes of housing construction projects pursuant to Article 4 of the Act on the Establishment and Operation of Public-Service Corporations (hereinafter referred to as "public-service corporations");

5. Housing associations established under Article 32 (limited to the case where a housing construction project is operated jointly with a registered business operator under Article 10 (2)); and

6. Persons who employ workers (limited to the case where a housing construction project is operated jointly with a registered business operator under Article 10 (3); hereinafter referred to as the “employee”).

(2) Necessary matters concerning criteria, procedures, methods, etc. for the registration of business operators under paragraph (1) shall be prescribed by Presidential Decree.

Article 10 (Joint Project Undertakers)

(1) Where any landowner constructs housing, he may implement a project jointly with the person who has made a registration under Article 9 (hereinafter referred to as a "registered business operator") under the conditions as prescribed by the Presidential Decree, notwithstanding the provisions of Article 9 (1). In this case, the landowner and the registered business operator shall be deemed the joint business operators.

(2) Where a housing association established under Article 32 (excluding remodeling housing associations) constructs housing sites for its members, a project may be implemented jointly with a registered business operator (including a local government, Korean housing public corporation and local public corporation) under conditions prescribed by Presidential Decree. In such cases, the housing association and the registered business operator shall be deemed the joint business operators.

(3) Where an employer constructs the housing for his workers, he shall implement a project jointly with the employees and the registered business operators under the conditions as prescribed by the Presidential Decree. In this case, the said employees and the registered business operators shall be deemed the joint business operators.

Article 12 (Construction of Registered Business Operators)

(1) Where a registered business operator constructs housing for the purpose of parcelling-out or rent after obtaining approval of a business plan under Article 16 (including permission to construct collective housing under the Building Act), and falls under the standards prescribed by Presidential Decree with respect to technical ability, housing construction rooms, housing scale, etc., he may implement a housing construction work by deeming that he/she is a constructor under Article 9 of the Framework Act on the Construction Industry.

(2) Where a registered business operator constructs housing pursuant to the provisions of paragraph (1), the provisions of Articles 40, 44, 93, 94, and 98 through 101 of the Framework Act on the Construction Industry shall apply mutatis mutandis. In this case, the "contractor" shall be deemed the "registered business operator".

Article 16 (Approval of Business Plans)

(1) A person who intends to implement a housing construction project of at least the number prescribed by Presidential Decree, or a person who intends to implement a housing site preparation project of at least the size prescribed by Presidential Decree, shall submit an application for approval for a project plan to the Si/Do Governor (referring to the head of a construction bridge in cases prescribed by Presidential Decree where the State, the Korea National Housing Corporation, or the Korea Land Corporation implements a housing site preparation project, and where the housing is implemented, or where the housing is constructed as the same building; hereafter the same shall apply in this Article and Article 17) along with the documents prescribed by Presidential Decree, such as a plot plan, a plan for approval for a project: Provided,

(2) Any person who intends to obtain the approval for a housing construction project plan under paragraph (1) shall secure the ownership of the relevant housing construction site: Provided, That the same shall not apply to the case falling under any of the following subparagraphs:

1. Where the right is secured to use not less than 90/100 of the relevant site area for a housing construction project, as required, in the decision (including the case deemed pursuant to the provisions of Article 17 (1) 5) on the district-unit plan (hereinafter referred to as the "district-unit plan") under the provisions of Article 49 of the National Land Planning and Utilization Act;

2. Where the project undertaker secures the right to use the relevant site although he/she fails to secure the ownership of the housing construction site;

3. Where the State, a local government, the Korea National Housing Corporation, or a local public corporation carries on a housing construction project;

(3) Where a project plan approved pursuant to paragraph (1) is modified, approval for modification shall be obtained: Provided, That this shall not apply where insignificant matters as determined by the Ordinance of the Ministry of Construction and Transportation are modified.

(4) A project plan under paragraph (1) shall be prepared to be suitable for carrying on the pleasant and cultural residential life, and the said project plan shall contain the plans, etc. for installing the incidental facilities and welfare facilities.

(5) In approving a project plan under paragraph (1), the Mayor/Do governor shall not request a project plan submitted by a project undertaker to include a plan for installing arterial facilities, etc. which are not directly related to the relevant housing construction project or housing site preparation project.

(6) When the Do governor approves a business plan pursuant to the provisions of paragraph (1), he shall publicly announce the matters related thereto and send a copy of the business plan and related documents to the head of the competent Si/Gun/Gu (referring to the head of the Gu of autonomous Gu; hereinafter the same shall apply) without delay.

(7) A project undertaker who has obtained approval for a project plan under paragraph (1) shall implement the project in accordance with the project plan approved, and commence the construction works within two years from the date of approval: Provided, That where the Mayor/Do Governor deems that justifiable grounds prescribed by Presidential Decree exist, he/she may extend the commencement period of the construction works within the limit of one year from the date on which such grounds cease to exist, upon

(8) When a project undertaker who has obtained approval of project plans under paragraph (1) intends to commence construction works, he shall report to the Mayor/Do governor under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation.

(9) Where a project undertaker fails to commence construction works in violation of the provisions of paragraph (7), the Mayor/Do governor may cancel the approval of the relevant project plan.

Article 17 (Legal Fiction, etc. of Authorization, Permission, etc. under Other Acts)

(1) When the Mayor/Do Governor approves a project plan pursuant to Article 16, with respect to matters on which he/she has consulted with the head of a relevant administrative agency under paragraph (3) with respect to permission, authorization, determination, approval, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") falling under any of the following subparagraphs, the relevant authorization, permission, etc. shall be deemed granted, and when the approval of a project plan is publicly notified, the following public announcement shall be deemed made:

5. Decision on urban management planning (limited to the Class-I district unit planning under the provisions of subparagraph 1 of Article 49 of the National Land Planning and Utilization Act from among the plans under Articles 2 and 42 subparagraph 4 (c) and (e) of the same Act) under the provisions of Article 30 of the same Act, permission for development acts under the provisions of Article 56 of the same Act, designation of a City/Do planning facility project operator under the provisions of Article 86 of the same Act, authorization for implementation plan under the provisions of Article 88 of the same Act, permission for land transaction contract under the provisions of Article 118 of the same Act, and permission under the provisions of Article 130 (2) of the same Act;

(2) Any person who intends to obtain the legal fiction of authorization, permission, etc. under paragraph (1) shall, when he/she files an application for approval of a business plan under Article 16 (1), submit related documents prescribed by relevant Acts.

(3) Where the Mayor/Do Governor intends to approve a project plan under Article 16, if the project plan includes matters falling under any of the subparagraphs of paragraph (1), he/she shall submit the relevant documents determined by the relevant Acts to the heads of the relevant administrative agencies having jurisdiction over the Ri and consult thereon. In such cases, the heads of the relevant administrative agencies shall submit their opinions within 30 days from the date of receiving a request for consultation with the Mayor/Do Governor, and shall not comply with consultation in violation of the criteria for authorization,

(4) Where a project undertaker who constructs national housing of not less than the ratio prescribed by Presidential Decree is deemed to have obtained the authorization, permission, etc. under the Act made pursuant to paragraph (1), the fees, etc. imposed under the relevant Acts shall be exempted.

Article 32 (Establishment, etc. of Housing Associations)

(1) Where several constituent members intend to establish a housing association in order to acquire or remodel a house (excluding the case of housing construction of the WW workplace housing association under paragraph (3) - of the WW workplace housing association), they shall obtain authorization from the head of the competent Si/Gun/Gu. The same shall also apply to the case where they intend to change the authorized contents or dissolve the housing association.

(2) Where the housing association and the registered business operator jointly executes the project under Article 10 (2), the registered business operator shall be liable to compensate the members for the damages caused by the impossibility of implementing the project due to any cause attributable to them as well as the responsibility as the constructor.

(3) A person who intends to establish a workplace housing association in order to be supplied with a national housing shall report to the head of the competent Si/Gun/Gu. The same shall also apply where he/she intends to change the reported details or dissolve the workplace housing association.

(4) A housing association (excluding a remodelling housing association) may supply the housing built for its constituent members preferentially to the relevant association members, and as for the workplace housing association under paragraph (3), a project undertaker may supply the national housing preferentially to the relevant association members.

(5) Matters necessary for the methods and procedures for establishment of a housing association authorized under paragraph (1), qualifications for the members of a housing association, standards for the operation and management, etc. of a housing association, and necessary matters concerning the requirements and procedures for reporting the establishment of a workplace housing association under paragraph (3) and other matters shall be prescribed by Presidential Decree: Provided, That where a regional housing association which has obtained an authorization of establishment under paragraph (1) is selected within an overheated speculation district under Article 41 (1), the status of a member of a housing association shall not be recognized in the order of receipt of an application.

Enforcement Decree of the Housing Act

Article 10 (Scope of and Criteria for Registration of Housing Construction Business Operators, etc.)

(1) The term "number of houses prescribed by Presidential Decree" in the main sentence of the part other than the subparagraphs of Article 9 (1) of the Act means 20 households for the landscape of single houses and 20 households for the collective housing, and the term "area prescribed by Presidential Decree" means 10,000 square meters.

② 법 제9조의 규정에 의하여 주택건설사업 또는 대지조성사업의 등록을 하고자 하는 자는 다 음 각호의 요건을 갖추어야 한다 . 이 경우 「 건설산업기본법 」 제9조의 규정에 의하여 등록한 건설업자 ( 건축공사업 또는 토목건축공사업으로 등록한 자에 한한다 ) 가 주택건설사업 또는 대지 조성사업의 등록을 하고자 하는 경우에는 이미 보유하고 있는 자본금 · 기술인력 및 사무실면적 을 다음 각호의 기준에 포함하여 산정하며 , 다른 법률에 의하여 설립된 무자본특수법인이 국 가업무를 위탁받은 범위내에서 주택건설사업을 시행하는 경우에는 제1호의 요건을 적용하지 아니한다 . < 개정 2004 . 9 . 17 , 2005 . 3 . 8 >

1. Capital of 300 million won or more (for individuals, the amount of asset valuation);

2. Not less than one technician in the construction field under the provisions of the attached Table 1 of Enforcement Decree of the Construction Technology Management Act in cases of housing construction projects, and not less than one technician in the civil engineering field under the same Table in cases of housing site preparation projects;

3. Not less than 33 square meters of office sizes.

(3) When any person who has registered a housing construction project files for registration in order to concurrently run a housing site preparation project, he shall secure technicians meeting the standards for registration of housing site preparation projects under paragraph (2), and when any person who has registered a housing site preparation project files for registration in order to concurrently run a housing site preparation project, he shall secure technicians meeting the standards for records, such as housing construction

Where any landowner, housing association (excluding remodeling a housing association), or employer (hereafter in this Article referred to as "land owner, etc.") pursuant to Article 10 of the Act, registered business operator (including any local government in the case of any housing association, the Korea National Housing Corporation established under the Korea National Housing Corporation Act (hereinafter referred to as the "Korea National Housing Corporation") or any local public corporation established for the purpose of housing construction business pursuant to Article 49 of the Local Public Enterprises Act (hereinafter referred to as a "local public corporation") intends to jointly construct housing pursuant to Article 10 of the Act, he/she shall apply for the approval of a project plan under Article 16 of the Act, satisfying the following requirements:

1 . 등록사업자가 제13조제1항 각호의 요건을 갖춘 자이거나 「 건설산업기본법 」 제9조의 규정 에 의한 건설업 ( 건축공사업 또는 토목건축공사업에 한한다 ) 의 등록을 한 자일 것 . 다만 , 지방 자치단체 대한주택공사 및 지방공사의 경우에는 그러하지 아니하다 .

2. The landowner, etc. shall secure the ownership of the housing construction site; and

3. Where a housing construction site is the object of a mortgage, provisional registration, security, provisional seizure, superficies on a deposit basis, etc. (hereafter referred to as "mortgage, etc." in this subparagraph), such mortgage, etc. shall be cancelled: Provided, That the same shall not apply where the consent for the execution of the relevant project is obtained from a right holder of a mortgage, etc.;

4. An agreement has been concluded between a landowner, etc. and a registered business operator with respect to the use and delayed portion of the housing site and housing (including incidental facilities and welfare facilities), the bearing of project expenses, the period of construction, and other various responsibilities, etc. relating to the promotion of projects within the scope prescribed by the Act and this Decree.

Article 13 (Standards for Execution of Housing Construction Works by Registered Project Operators)

(1) Any registered business operator who intends to execute housing construction works under Article 12 of the Act shall have the following cases:

1. Capital of 500 million won or more (in the case of an individual, the appraised value of assets);

2. Not less than three technicians in the fields of construction and civil engineering under the provisions of the attached Table 1 of Enforcement Decree of the Construction Technology Management Act. In such cases, each one of the construction engineers and of the technicians of civil engineering field under the same Table shall be included; and

3. Not less than 100 houses or 100 households in the actual records of housing construction for the latest five years.

(2) The scale of housing which a registered business operator may construct pursuant to Article 12 of the Act shall be not more than five stories (six stories in cases where not less than one place of direct stairs has been installed at each floor for every living room floor space of not more than 300 square meters): Provided, That the registered business operator with the actual records of constructing the apartment housing of not less than six stories, or with the actual records of not less than 300 households for the latest three years, may construct the housing of not less than six stories.

(3) In executing a housing construction work under Article 12 of the Act, the expenses (referring to the amount excluding the purchase cost of a site from the total construction cost) of the relevant construction work shall not exceed ten times the sum of capital, capital reserve, and earned surplus reserve (five times the appraised value, in the case of an individual).

Article 15 (Approval of Business Plans)

(1) For the purpose of the text of Article 16 (1) of the Act, the term “number of houses as prescribed by the Presidential Decree” means 20 houses for single houses, and 20 households for public houses, and the term “area as prescribed by the Presidential Decree” means 10,000 square meters.

(2) Under the proviso to Article 16 (1) of the Act, where housing with less than 30 households and facilities other than housing are constructed as the same building within a commercial area (excluding a circulation commercial area) or quasi-residential area within the urban area under the National Land Planning and Utilization Act, and where the requirements falling under any of the following subparagraphs are met, and projects implemented by the National Agricultural Cooperative Federation as funds raised by the National Agricultural Cooperative Federation from among the residential environment improvement projects in agricultural and fishing villages under the Rural Housing Improvement Promotion Act, shall be excluded from those subject to the approval of project plans:

1. Where the scale of housing per household is compatible with the scale of collective housing under Article 21 (1); and

2. Where the aggregate ratio of the total floor space of housing to the total floor space of relevant building is less than 90 percent.

(3) In computing the scale of housing construction under the provisions other than the subparagraphs of paragraphs (1) and (2), when the same project proprietor (including the building keeper under Article 2 (1) 12 of the Building Act) intends to construct the housing by dividing a group of housing complex into several sections of works, the scale of number of houses or three houses of the total sections of works shall be computed into the scale of housing construction. In this case, in applying the criteria for housing construction, criteria for installation of incidental facilities and welfare facilities, and criteria for housing site preparation, the total sections of works shall be deemed to be a single housing site.

(4) "Cases prescribed by Presidential Decree" in the main sentence of Article 16 (1) of the Act means the following cases:

1. Where a housing site development project under the Housing Site Development Promotion Act or a housing site development project under the Urban Development Act is implemented in an area designated and publicly notified by the Minister of Construction and Transportation from among the areas which promote a housing site development project under the Urban Development Act on a scale of at least 3 million square meters;

2. Where a housing construction project is operated in an area designated and publicly notified by the Minister of Construction and Transportation as it requires urgent resolution of housing difficulties in Seoul Metropolitan City areas, or balanced regional development or wide-area adjustment;

(5) A person, who intends to obtain approval of his housing construction project plan (including the case where he intends to preferentially implement the housing site preparation work) or the housing site preparation project plan under Article 16 of the Act, shall ship out the documents in which he shall do so as follows:

1. Where an application is filed for approving a housing construction project plan: Documents falling under each of the following items: Provided, That where an application is filed for approving a project plan in accordance with a sample design plan referred to in Article 16, the documents

(a) An application for approval;

(c) A housing construction project plan;

(c) A plot plan for housing, incidental facilities and welfare facilities;

(d) Documents under subparagraph 2 (c) (limited to the case where the housing site preparation works are preferentially executed);

(e) Documents in which the matters under Articles 96 (1) 3 and 97 (6) 3 of the Enforcement Decree of the National Land Planning and Utilization Act are entered (limited to the case where the person expropriates or uses the land under Article 18 (2) of the Act);

(f) Documents attesting the facts under each subparagraph of Article 12 (limited to cases where a joint project is implemented, and referring to documents attesting the facts under subparagraphs 2 and 3 of Article 12 in cases where a housing association under Article 32 (1) of the Act executes a project independently);

(g) Documents necessary for the consultation under Article 17 (3) of the Act;

(h) Documents which record the matters concerning the reversion of public facilities as prescribed in Article 30 (1) of the Act;

(i) A written authorization for the establishment of a housing association (limited to the case of a housing association under Article 32 (1) of the Act);

(j) Documents attesting the facts under any subparagraph of Article 35 (2) of the Act or the facts under any subparagraph of Article 13 (1) of this Decree (limited to the case of a person who is not registered for a construction business under Article 9 of the Framework Act on the Construction Industry);

(k) Other documents prescribed by the Ordinance of the Ministry of Construction and Transportation;

2. Where applying for approval of housing site preparation project plan: Documents of the following items:

(a) An application for approval of housing site preparation project plan;

(b) Housing site preparation project plan;

(c) Site preparation work design documents: Provided, That where a project undertaker is the State, a local government, the Korea National Housing Corporation, or the Korea Land Corporation under the Korea Land Corporation Act (hereinafter referred to as the "Korea Land Corporation"), it shall be the books determined by the Ordinance of the Ministry of Construction and Transportation;

(d) Documents falling under subparagraph 1 (e), (g) and (h);

(e) A plan for the supply of created sites;

(f) Other documents as determined by the Ordinance of the Ministry of Construction and Transportation;

Article 37 (Authorization, etc. for Establishment of Housing Association)

(1) A person who intends to obtain authorization for the establishment, alteration or dissolution of a housing association pursuant to Article 32 (1) of the Act shall submit an application for authorization to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the housing construction site (in cases of a modeling housing association, referring to the location of the relevant housing; hereinafter the same shall apply) along with the documents classified in the following subparagraphs. In such cases, the head of a Si/Gun/Gu may require the submission of a written consent for land use, if necessary to determine whether it is possible to secure the ownership of the relevant housing construction site prior to the approval of a project plan:

1. In cases of authorization for establishment:

(a)in the case of a regional or workplace housing association:

(1) Minutes of the inaugural general meeting

(2) A written consent to the establishment of the association

(3) The rules of association jointly signed by all the union members.

(4) A list of members.

(5) Business plan

(6) Other documents prescribed by the Ordinance of the Ministry of Construction and Transportation.

(c) In cases of a remodelling housing association:

(1) The documents referred to in (a) (i) through (v).

(2) In the event that the following resolution is intended to remodel the entire housing complex (A) the entire housing complex and each of the sectional owners (referring to the sectional owners under the provisions of subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings; hereinafter the same shall apply) and at least 2/3 of voting rights (referring to voting rights under the provisions of Article 37 of the Act on Ownership and Management of Condominium Buildings; hereinafter the same shall apply) are intended to deteel the entire housing complex, a resolution of at least 2/3 of all the sectional owners and voting rights of the housing complex, respectively:

(3) If the application of easing building standards is determined pursuant to Article 5 of the Building Act, documents evidencing such determination.

(4) Documents attesting that the period of not less than 10 years (20 years in the case of extension) has elapsed after the inspection of use of the housing concerned has been conducted; and

2. Cases of modified authorization: Documents attesting the contents of modification; and

3. Where dissolution is authorized: A statement of accounts with the consent of partners.

(2) The covenant of association under subparagraph 1 (a) (iii) shall contain the matters falling under each of the following subparagraphs:

1. Title and location of the association;

2. Matters concerning the qualifications of association members;

3. Location and area of housing construction site;

4. Matters concerning the expulsion, withdrawal, and replacement of members of the partnership;

5. Matters concerning the number, scope of duties (including rights and duties), method of appointing remuneration, and dismissal of the executives of an association;

6. Timing and procedures for sharing expenses by cooperative members and the accounts of the cooperative;

7. Time and method of the execution of projects;

8. Matters concerning the timing for convening a general meeting and a request for convening a general meeting by members;

9. Matters to be resolved by the general meeting, and the quorum and procedure for resolution. In this case, matters to be necessarily resolved by the general meeting shall be determined by the Ordinance of the Ministry of Construction

10. Liquidation procedures when the project has been completed, and the methods and procedures for collecting the liquidation money;

11. Details of the use of the cooperative expenses, disclosure of the matters resolved at the general meeting and notification methods to members;

12. Procedures for modifying the covenant of association; and

13. Other matters necessary for the promotion of projects of the housing association, and for the operation of association.

(3) The housing association shall be composed of 20 or more association members: Provided, That the same shall not apply to the remodelling housing association.

(4) The head of Si/Gun/Gu shall determine whether to grant authorization for the establishment of a housing association by comprehensively examining the following matters concerning the relevant housing construction site, and shall not overlap the relevant housing construction site with that of another housing association which has already been authorized:

1. Criteria for construction examination for housing construction;

2. Whether or not satisfying urban planning established under the National Land Planning and Utilization Act or scheduled to be established during the period of relevant housing construction project;

3. A land use plan already formulated;

(5) A housing association may have the registered business operator executing the project jointly under Article 10 (2) of the Act perform the duties of a housing association for the housing association for its head (excluding the duties of mediating the joining to the housing association).

(6) Except as otherwise provided for in this Decree, matters concerning the establishment, alteration, or dissolution of the housing association shall be prescribed by Ordinance of the Ministry of Construction and Transportation.

Article 38 (Qualifications for Association Members)

(1) Persons eligible for membership in the housing association under Article 32 of the Act shall be those falling under any of the following subparagraphs:

1. In cases of members of a regional housing association, persons meeting the following requirements:

(a) It shall be the head of a household [including the head of a household, including the head of a household (including the head of a household who is not registered in the same resident registration card as the head of a household and the head of a household who forms the same household with his spouse) who does not own a house from the date of application for authorization to establish the association to the date when it is possible to occupy the house of the association, or owns a house with an exclusive residential area of not more than 60 square meters, or the head of a household who owns only one house from among the members of a household, and the detailed criteria for whether it falls under it shall be prescribed by the Ordinance of the Ministry

(b) A person who has resided in an area under subparagraph 9 (a) of Article 2 of the Act as of the date of application for authorization to establish an association;

2. In the case of a member of workplace housing association, a person meeting the following requirements:

(a) He is required to be a person falling under subparagraph 1 (a): Provided, That it shall be limited to a person who has no house any light on the report on establishment as prescribed in the former part of Article 32 (3) of the Act;

(b) Persons who work for the same State agency or local government corporation located in the same Special Metropolitan City, Metropolitan City, Si, or Gun (excluding Guns located in the jurisdiction of a Metropolitan City) as of the date of application for authorization to establish an association;

3. Any of the following persons in cases of a member of a housing remodeling association. In such cases, if the ownership of the relevant multi-family housing or welfare facilities belongs to several persons, it shall be deemed as one member representing such several persons:

(a) Owners of collective housing constructed by obtaining the approval of project plans under Article 16 of the Act;

(b) In cases of concurrently remodelling the welfare facilities, the owner of the relevant welfare facilities; and

(c) A tenant of multi-family housing constructed for the purpose of parcelling-out after obtaining a construction permit under Article 8 of the Building Act;

(2) Where a member of the housing association loses his qualification for the head of a household on the occasion of inevitable reasons, such as medical treatment of a work disease, study, marriage, etc., and the head of a Si/Gun/Gu recognizes it, he shall be deemed to have the qualification for the member under paragraph (1).

(3) Procedures for verifying the qualifications of association members under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 39 (Replacement, New Joining, etc. of Members of Regional and Workplace Training Associations)

(1) A regional housing association or workplace housing association shall not replace the relevant association members or have them enter a new housing association after obtaining authorization for its establishment: Provided, That this shall not apply where the number of association members obtains approval for additional recruitment of association members as prescribed by the Ordinance of the Ministry of Construction and Transportation from the head of a Si/Gun/Gu within the scope not exceeding the number of scheduled housing construction in the business plan as at the time of authorization for establishment and where the vacancy occurs due to any of the following causes:

1. Death of an association member;

2. Where the status of being selected as an occupant (referring to the right, qualification, status, etc. to move into the relevant housing) has been changed to a transfer, donation, judgment, etc. after the approval of a business plan pursuant to Article 16 of the Act;

3. Where the number of its members becomes less than 20 due to the withdrawal, etc. of its members;

4. Where a member is disqualified because he/she has been found disqualified;

(2) The decision on whether a person who is recruited additionally as a member under the proviso of paragraph (1) or a person who is recruited due to the causes under each subparagraph of the same paragraph satisfies the qualification requirements for union members shall be based on the date of application for authorization for establishment of a housing association concerned: Provided, That the person who succeeds to the status of union members due to the causes under paragraph (1) 1 shall not require the qualification requirements for union members under Article 38 (1) 1 and 2.

(3) An approval of additional recruitment of the association members under the proviso of paragraph (1) may be granted only once, and an application for modified authorization for the housing association following the additional recruitment of the association members shall be made within three months from the date of authorization for establishment of the association.

Article 40 (Application, etc. for Approval for Project Plans of Housing Association)

(1) The housing association shall apply for an approval of project plans under Article 16 of the Act (in cases of a modeling housing association, referring to the permission under Article 42 (3) of the Act; hereafter the same shall apply in this Article and Article 42) within two years from the date of obtaining the authorization for its establishment.

(2) The housing association shall not use the housing sites falling under any of the following subparagraphs from among the lands owned by the registered business operators as housing site:

1. Housing sites developed under the Housing Site Development Promotion Act;

2. Housing sites developed by the State, local governments, government-invested institutions, or local public corporations pursuant to the Act, the National Land Planning and Utilization Act, the Industrial Sites and Development Act, and other relevant Acts and subordinate statutes;

Article 41 (Report on Establishment of Workplace Housing Association)

(1) A person who intends to establish a workplace housing association to be supplied with a national housing under Article 32 (3) of the Act shall submit a report of establishment of the workplace housing association to the head of the competent Si/Gun/Gu along with the documents falling under each of the following subparagraphs. In this case, the competent public official shall confirm the certified copy of the resident registration card through the joint use of administrative information under Article 21 (1) of the Act on Promotion of the Digitalization of Administrative Affairs, etc. for the realization of electronic government, and where the reporter does not consent to such confirmation, the competent public official shall have the reporter attach it:

1. A list of members;

2. Documents capable of attesting that the person to become an association member is the one who works in the relevant workplace (limited to the documents confirmed by the head of the relevant workplace);

3. Documents attesting that he is homeless.

(2) Procedures for reporting a workplace housing association for supplying a national housing, a housing supply method, etc. other than those prescribed in paragraph (1) shall be prescribed by the Ordinance of the Ministry

National Land Planning and Utilization Act

Article 56 (Permission for Development Activities)

(1) Any person who intends to do an act falling under any of the following subparagraphs, which is prescribed by the Presidential Decree (hereinafter referred to as the "development act"), shall obtain permission (hereinafter referred to as the "development permission") from the Special Metropolitan City Mayor, Metropolitan City Mayor, or the head of Si/Gun: Provided, That the same shall not apply to the case where he conducts an urban planning project:

1. Construction of buildings, or installation of structures;

2. Alteration of the form and quality of land (excluding an alteration of the form and quality of land for farming);

3. Gathering soil and rocks;

4. Dividing land (excluding the sites wherein the structures under Article 49 of the Building Act exist); and

5. Piling up goods for at least one month in a green area, control area or natural environment conservation area.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to a change in matters permitted for development activities: Provided, That this shall not apply to a change in insignificant matters prescribed by the Presidential Decree.

(3) The provisions of the Creation and Management of Forest Resources Act and the Erosion Control Work Act shall apply mutatis mutandis to the construction of forest roads and the erosion control work in forests within an urban area and a planned control area from among the development acts under paragraph (1) 2 and 3, notwithstanding the provisions of paragraph (1), and the provisions of the Mountainous Districts Management Act shall apply to the development acts under paragraph (1) 2 and 3 in forests within a preservation control area, a production control area, an agricultural and forest area, and a forest within a natural environment conservation area.

(4) Any act falling under any of the following subparagraphs may be performed without obtaining permission for development activities, notwithstanding the provisions of paragraph (1): Provided, That in the case of an act falling under subparagraph 1, it shall be reported to the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si/Gun within one month:

1. Emergency measures for disaster restoration or disaster control;

2. Remodelling, extension or rebuilding of buildings that may be reported and installed under the Building Act, and alteration in the form and quality of land on the surface of an offense required therefor (limited to the case where the land is annexed to the urban planning facility project for which no urban planning facility project is implemented);

3. Other minor acts as prescribed by the Presidential Decree.

Article 58 (Standards for Permission for Development Activities)

(1) The Special Metropolitan City Mayor, Metropolitan City Mayors, or the head of Si/Gun shall grant permission for development activities only when the details of application for permission for development meet the standards under the following subparagraphs:

1. To meet the scale of development activities prescribed by the Presidential Decree in consideration of special-purpose areas;

2. Not to be contrary to the contents of urban management planning;

3. Not to hamper an implementation of urban planning project;

4. To achieve harmony with the actual utilization condition or land use plan in neighboring areas, buildings, gradient of land, status of trees, drainage of water, drainage of river, lake and marsh, wetlands, etc.;

5. To properly establish a plan for installing the infrastructure following the relevant development activities, or securing the sites required therefor.

(2) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun intends to grant permission for development activities, he/she shall hear the opinions of the operator of an urban planning business performed within the relevant area as to whether the relevant development activities interfere with the implementation of urban planning projects.

(3) Detailed matters necessary for the standards, etc. for permission for development acts shall be prescribed by Presidential Decree.

Article 59 (Deliberation on Development Activities by Urban Planning Committee)

(1) Where the head of the relevant administrative agency intends to grant permission, permission, approval, or consultation for an act prescribed by Presidential Decree which falls under any of Article 56 (1) 1 through 3 under this Act or for authorization, permission, or consultation under other Acts, he/she shall undergo deliberation at a meeting of the Central Urban Planning Committee or a local urban planning committee,

(2) Notwithstanding the provisions of paragraph (1), in case of the development acts falling under any of the following subparagraphs, it shall not go through the deliberation of the Central Urban Planning Committee and the District Urban Planning Committee:

1. Development activities in a zone subject to deliberation by the urban planning committee under Articles 8 and 9 of this Act or other Acts;

3. Development activities not falling under the size, location, etc. prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Si, or a Gun, among the development activities conducted within a residential area or industrial area;

4. Development activities subject to an impact assessment on the environment, traffic, disasters, etc. pursuant to the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc.;

5. Development acts for projects prescribed by the Presidential Decree from among rural development projects under subparagraph 2 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;

6. Development activities for forestry projects provided for in the Creation and Management of Forest Resources Act and for private radiation projects provided for in the Erosion Control Work Act;

(3) The Minister of Construction and Transportation or the heads of local governments may, notwithstanding the provisions of paragraph (2), ask the heads of related administrative agencies to undergo deliberation of the Central Urban Planning Committee or the Local Urban Planning Committee under the conditions as prescribed by the Presidential Decree in case where the development acts falling under subparagraph 4 of the same paragraph are not included in urban planning

Article 63 (Restriction on Permission for Development Activities)

(1) The Minister of Construction and Transportation, the Mayor/Do Governor, and the head of a Si/Gun may, under the conditions as prescribed by the Presidential Decree, restrict permission for development activities only once for a period not exceeding 3 years, after going through the deliberation of the Central Urban Planning Committee or the Local Urban Planning Committee, with respect to areas which fall under any of the following subparagraphs and are deemed particularly necessary for the planning of urban conduits: Provided, That with respect to areas falling under subparagraphs 3 through 5, the restriction on permission for development activities may be extended once for a period not exceeding 2 years:

1. An area that is a green area or planned control area with trees collectively brought up, or with birds and trees, etc. inhabited collectively, or an area that needs to be preserved as excellent farmland, etc.;

2. An area where development activities are likely to seriously pollute or damage the surrounding environment, scenery, aesthetic view, cultural heritage, etc.;

3. An area for which a basic urban planning or an urban management plan is formulated, and where the relevant basic urban planning or a City/Do management plan is determined, a change of a specific-use area, specific-use district or specific-use zone is anticipated, and the criteria for permission to issue a new

4. An area which has designated as a district unit planning zone and formulates a district unit plan;

5. Deleted;

(2) When the Minister of Construction and Transportation, the Mayor/Do Governor, or the head of a Si/Gun intends to restrict permission for development activities pursuant to the provisions of paragraph (1), he/she shall publicly announce in advance the activities subject to restrictions on restriction on areas subject to restrictions and the between them as prescribed by Presidential Decree.

Enforcement Decree of the National Land Planning and Utilization Act

Acts subject to permission for development activities pursuant to Article 56 (1) of the Act shall be as follows:

1. Construction of buildings: Construction of buildings under Article 2 (1) 2 of the Building Act;

2. Installation of structures: Installation of the facilities artificially manufactured (excluding the buildings under Article 2 (1) 2 of the Building Act);

3. Change in the form and quality of land: Change in the shape of land by cutting, embanking, filling, suspending, packing, etc., and reclamation of the public flowing water (excluding change in the form and quality of land for farming);

4. Gathering earth and rocks: Gathering earth and rocks, such as soil, sand, and gravel: Provided, That this shall not apply to gathering earth and rocks for the purpose of changing the form and quality of land;

5. Division of lands: Division of lands, which falls under any one of the following items (excluding the sites wherein there exist dry items under Article 49 of the Building Act):

(a) Dividing land within a green area, control area, agricultural and forest area, and natural environment conservation area without obtaining permission, etc. under relevant Acts and subordinate statutes;

(b) Dividing land that is less than the area subject to the restriction on partition provided for in Article 49 (1) of the Building Act;

(c) Piling up goods: 6. Piling up goods for not less than one month in a width area, control area or natural environment conservation area, which is not located within the fences of buildings (limited to the sites created by lawful procedures) without obtaining any permission, etc. under the related Acts and subordinate statutes;

Article 55 (Scale of Permission for Development Activities)

(1)For the purpose of Article 58(1)(1) of the Act, the term “scale of the development activities as prescribed by the Presidential Decree” means the area that changes the form and quality of the land that falls under any of the following subparagraphs, provided that with respect to a Ri management area and an agricultural and forest area, it may be separately determined by the urban planning ordinance of the Special Metropolitan City, Metropolitan City, Si, Si, or Gun in question within the scope of the area under subparagraphs

1. Urban area:

(a) A residential or commercial green area: An area of less than 10,000 square meters;

(c) Industrial area: Not more than 30,000§³;

(c) Conservation green area: Not more than 5,000§³;

2. Control areas: Less than 30,000 square meters;

3. Agricultural and forest area: Not more than 30,000§³;

4. Natural environment conservation area: Not more than 5,00§³.

(2) In applying the provisions of paragraph (1), if the lands subject to a permission of development acts extend over two or more specific-use areas, the provisions concerning the scale of development acts in each specific-use area shall be applied to the portions of lands located within each specific-use area: Provided, That the total area of lands subject to a permission of development acts shall not exceed the scale of development acts in the specific-use area whose scale is the largest from among the specific

(3) The restriction on area under paragraph (1) shall not apply to cases falling under any one of the following subparagraphs:

1. Where the alteration of the form and quality of land is already installed in infrastructure related to the alteration of the form and quality of the current year or where the alteration of the form and quality of infrastructure and the installation of infrastructure are simultaneously performed within the scope of households

2. Where the relevant development activities are performed by a rural development project under subparagraph 2 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;

3. Where it is necessary for creating grassland, creating farmland, afforestation, or collecting earth or stone;

4. A land restoration agent which is implemented without any construction of buildings, installation of structures or any change in the land category; 5. Other cases as determined by the Ordinance of the Ministry of Construction and Transportation.

(4) In the application of the provisions of paragraphs (1) and (2), where parts are developed several times adjacent to a green area, control area, agricultural and forest area, or natural environment conservation area, such area shall be deemed one act and shall be calculated: Provided, That in the case of a site for an urban planning facility project or the case where the restriction on the area is not applied under paragraph (3) 3, such cases shall not be included in the calculation of the area.

Article 56 (Standards for Permission for Development Activities)

(1) The standards for a permission on development acts under Article 58 (3) of the Act shall be as the attached Table 1.

(2) The Minister of Construction and Transportation may determine detailed review standards for the standards for permission for development activities under paragraph (1).

Article 57 (Deliberation, etc. by Urban Planning Committee on Development Activities)

(1) The term "act prescribed by the Presidential Decree" in Article 59 (1) of the Act means an act falling under any of the following subparagraphs: Provided, That the case of urban planning projects (excluding the case of projects entitled to legal fiction of urban planning projects under other Acts, such as the Housing Site Development Promotion Act, etc.) shall be excluded:

1. Alteration of the form and quality of land for the construction of buildings or the installation of structures, whose area falls under any subparagraph of Article 55 (1) (where the size is separately prescribed by the urban planning municipal ordinance under the proviso of other portions than the same paragraph, referring to such size; hereafter the same shall apply in this Article) and exceeds the scale falling under any subparagraph of

2. Gathering earth and rocks with a volume of not less than 30,00§©;

3. Where the alteration of the form and quality of land to construct a building falling under subparagraph 2 (k) of attached Table 20 and subparagraph 2 (j) (limited to the factories referred to in subparagraph 2 (k) of attached Table 20) of attached Table 27 is less than 10,00 square meters in the site area (where two or more factories are constructed together or a building is constructed in contact with an existing factory site, referring to the total of such areas);

(2) Where the head of the relevant administrative agency intends to grant permission, authorization, approval, or consultation under the Act or under other Acts pursuant to Article 59 (1) of the Act, he/she shall undergo deliberation by the Central Urban Planning Committee or the Local Urban Planning Committee according to the classification falling under each of the following subparagraphs:

1. Matters to undergo deliberation by the Central Urban Planning Committee;

(a) Alteration of form and quality of land the area of which exceeds one square kilometer;

(c) Gathering earth and rocks with a volume of at least one million cubic meters;

2. Matters that should undergo deliberation of the City/Do urban planning committee;

(a) Alteration to the form and quality of land the area of which is not less than 30,00 square kilometers;

(b) Gathering earth and rocks with a volume of not less than five million cubic meters but less than one million cubic meters;

3. Matters to be deliberated upon by a Si/Gun/Gu urban planning committee (hereinafter referred to as the "Si/Gun/Gu urban planning committee") under Article 113 (2) of the Act;

(a) Gathering earth and rocks, the area of which exceeds the scale falling under any subparagraph of Article 5 (1) and which is less than 300,000 square meters;

(c) Changing the form and quality of land under paragraph (1) 3;

(3) Notwithstanding the provisions of paragraph (2), where the head of a central administrative agency intends to permit matters falling under any of the items of subparagraph 2 or 3 of the same paragraph under the Act or to grant permission, authorization, approval, or consultation under other Acts, he/she shall undergo deliberation by the Central Urban Planning Committee, and where the Mayor/Do Governor intends to permit matters falling under any of the items of subparagraph 3 of the same paragraph by the Act or to grant permission, authorization, approval, or consultation under other Acts, he/she shall undergo deliberation by the City/Do Urban Planning Committee.

(4) When the head of related administrative agency receives a deliberation by the Central Urban Planning Committee or the Local Urban Planning Committee under paragraphs (2) and (3), he shall submit the documents falling under each of the following subparagraphs to the Minister of Construction and Transportation or the head of local government where the

1. Details of development activities, including a procedure for promoting the details of the necessity for the development activities (including the contents to be included in the relevant development activities at the time of permission, authorization, approval, or consultation under the provisions of the relevant Acts and subordinate statutes);

2. The use of land on a scale of 1 to 25,00 which indicates the infrastructure, etc. for the area subject to the use of land and surrounding areas;

4. Other documents prescribed by the Ordinance of the Ministry of Construction and Transportation.

(5) The term "projects prescribed by the Presidential Decree" in Article 59 (2) 5 of the Act means all of the projects provided for in subparagraph 2 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act.

Article 60 (Restriction on Permission for Development Activities)

(1) Where a person who intends to restrict permission for development activities under Article 63 (1) of the Act is the Minister of Construction and Transportation, he shall undergo deliberation by the Central Urban Planning Committee, and where the person is the Mayor/Do Governor or the head of a Si/Gun, he shall undergo deliberation by the Local Urban Planning Committee

(2) Where a person who intends to restrict permission for development activities under Article 63 (1) of the Act is the Minister of Construction and Transportation or the Mayor/Do governor, he shall hear the opinion of the head of Si/Gun having jurisdiction over the area, which is to be restricted in advance before the deliberation of the Central Urban Planning Committee under paragraph (1) or the

(3) The public announcement of restrictions on permission for development activities under Article 63 (2) of the Act shall be made in the Official Gazette, where the Minister of Construction and Transportation performs such permission, and in the Official Gazette of the relevant City/Do where the Mayor/Do Governor

[Attachment 1]

Criteria for permission for development activities (related to Article 56)

1. Matters to be examined by field;

A person shall be appointed.

Special Act on Promotion of Seoul Special Research and Development Zone, etc.

The purpose of this Act is to contribute to the innovation of national technology and the development of the national economy by facilitating research and development of universities, research institutes, and enterprises in special research and development zones, facilitating mutual cooperation, and supporting commercialization and start-up of the outcomes of research and development projects.

Article 3 (Relation to Other Acts and Subordinate Statutes) The provisions of Chapters III through VIII, which prescribe special cases for the relaxation of regulations in this Act, shall take precedence over other Acts and subordinate statutes: Provided, That the provisions of other Acts and subordinate statutes, which are more relaxed than those of this Act, shall take precedence over those of this Act, if any.

Article 35 (Classification, etc. of Land Use)

(1) The classification of land use in a special zone under Article 34 (2) 3 shall be as follows:

1. A residential area: An area necessary for the dwelling of residents in a special zone and for the protection of a healthy living environment;

2. A commercial area: An area required for the commercial and business functions in a special zone;

3. A green belt area: An area necessary to preserve greenbelts in order to create a pleasant research environment in a special zone;

4. An area for educational, research, and commercialization facilities: An area necessary to enhance the efficiency of teaching and research and to facilitate the commercialization of the outcomes of research and development projects by concentrating facilities and items related to education, research, and commercialization of the outcomes of research and development, through the exchange of information between occupant institutions, the joint use of research equipment, etc.;

5. Industrial facilities zone: A zone required for production activities of advanced technology enterprises, etc. in a special zone;

(2) The Minister of Science and Technology may, if deemed necessary, subdivide the residential zone referred to in the provisions of paragraph (1) 1 into the special zone management plan as prescribed by the Ordinance of the Ministry of Science and Technology.

(3) The Minister of Science and Technology may ask the Minister for Construction and Transportation and the competent Mayor/Do governor to reflect the details of matters to be determined by urban planning under the National Land Planning and Utilization Act from among the matters included in the special zone management plan formulated and published under Article 34 (1) in the urban planning.

(1) The Minister of Science and Technology may partially restrict the types of buildings, the construction of which is allowed within specific-use areas designated under Article 76 of the National Land Planning and Utilization Act, under the conditions as prescribed by the Presidential Decree, after consulting with the Minister of Construction and Transportation and the heads of competent local governments, in order to maintain a pleasant research

(2) In order to ensure that the buildings constructed in a special zone are appropriate for the functions of the special zone, the head of the competent local government may establish a subcommittee within the Building Committee established under Article 4 of the Building Act to examine the installation of buildings in excess of the size prescribed by Presidential Decree.

Article 44 (Special Cases concerning National Land Planning and Utilization Act) The competent local government may otherwise determine the maximum building-to-land ratio and floor area ratio by Municipal Ordinance within the scope prescribed by the Presidential Decree, notwithstanding the provisions of Articles 77 and 78 of the National Land Planning and Utilization Act, where it is inevitable to develop the special zone.

Enforcement Decree of the Special Act on the Promotion of Taeduk Special Research and Development Zone, etc. (before the amendment by Presidential Decree No. 19719 on October 27, 2006)

Pursuant to the provisions of Article 35 (2) of the Act, the Minister of Science and Technology may divide the residential areas referred to in Article 35 (1) 1 of the Act into exclusive residential areas, general residential areas and quasi-residential areas. The types of buildings, the construction of which is restricted pursuant to the provisions of Article 30 (Regulation on Building Activities, etc.) of the Act are as follows:

1. An exclusive residential area: Buildings other than those prescribed in attached Table 2;

2. An ordinary residential area: Buildings other than those prescribed in attached Table 3;

3. A quasi-residential area: Buildings other than those prescribed in attached Table 4;

4. Commercial area: - Buildings other than those prescribed in attached Table 5 -

5. A green belt area: A water from any cattle building other than the THU of the buildings specified in attached Table 6.

6. An area for educational, research and commercialization facilities: Buildings other than those prescribed in attached Table 7;

7. An industrial facilities zone: Buildings other than buildings prescribed in attached Table 8;

The term "constructions in excess of the size prescribed by Presidential Decree" in Article 36 (2) of the Act means buildings with a total floor area of not less than 5,00 square meters or not less than 16 stories.

The term "persons prescribed by Presidential Decree" in Article 44 of the National Land Planning and Utilization Act (Special Cases concerning the National Land Planning and Utilization Act) means the scope not exceeding 150 percent of the building-to-land ratio or the floor area ratio applicable to the green area basin provided for in Article 77 or 78 of the National Land Planning and Utilization Act. The height of a high-speed building shall be not more than seven floors.

[Attachment 6]

A building permitted in a green area (related to subparagraph 5 of Article 30)

1. A detached house under subparagraph 1 of attached Table 1 of the Enforcement Decree of the Building Act (a residential building of the landowner himself/herself);

only)

2. Multi-family housing under subparagraph 2 of attached Table 1 of the Enforcement Decree of the Building Act.

(limited to multi-household houses and multi-household houses for the residence of a verified person)

3. Class I neighborhood living facilities under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act and Class II neighborhood living facilities under subparagraph 4;

Facilities (limited to the total floor area of less than 1,000 square meters used for the purpose concerned, 2

A place of massage practice and danran tavern among neighborhood living facilities shall be excluded herefrom)

4. Cultural and assembly facilities referred to in subparagraph 5 of attached Table 1 of the Enforcement Decree of the Building Act (such facilities as religious assembly halls, exhibition halls, botanical gardens, and water capacity);

corporation, or any other similar entity

5. Medical facilities referred to in subparagraph 7 of attached Table 1 of the Enforcement Decree of the Building Act (a mental hospital, sanatorium isolation hospital, or funeral hall;

excluding B)

6. Educational research and welfare facilities referred to in subparagraph 8 of attached Table 1 of the Enforcement Decree of the Building Act.

New training institutes, natural sphere training facilities, and other similar ones;

7. Sports facilities under subparagraph 9 of attached Table 1 of the Enforcement Decree of the Building Act;

8. Warehouse facilities under subparagraph 14 of attached Table 1 of the Enforcement Decree of the Building Act;

9. Gas stations among facilities for the storage and treatment of hazardous substances under subparagraph 15 of attached Table 1 of the Enforcement Decree of the Building Act;

10. Automobile-related facilities referred to in subparagraph 16 of attached Table 1 of the Enforcement Decree of the Building Act (limited to a driving school to the Deputy Director of a Parking Lot;

(2)

11. Animal and plant-related facilities referred to in subparagraph 17 of attached Table 1 of the Enforcement Decree of the Building Act (a livestock shed, mushroom cultivation shed, seeds and seedlings shed;

The greenhouses of two facilities, flowerss and pots, etc. and other similar ones shall be limited to greenhouses of different facilities.

12. Public facilities under subparagraph 19 of attached Table 1 of the Enforcement Decree of the Building Act (excluding power plants, and correctional institutions and reduction).

Fire fighters and other facilities used for a similar purpose shall be limited to expansion and reconstruction)

13. Facilities for tourism and resting under subparagraph 21 of attached Table 1 of the Enforcement Decree of the Building Act.

excluding facilities)

Finally,