(영문) 광주고등법원 제주재판부 2011.1.12.선고 2009누401 판결

1. Of the judgment of the court of first instance, the part concerning the plaintiffs' primary claims against the local Land Tribunal of 0000 and the part concerning the plaintiffs' primary claims against the defendant 20, Kim 00, and Lee 0000, all of the conjunctive claims against the Development Center of 0000 shall be revoked.

2. On December 7, 2006, Defendant 000 local Land Tribunal revoked all the adjudication of acceptance against the Plaintiffs.

3. The plaintiff's conjunctive claim against the defendant 00, Kim 00, and Lee 0000 shall be dismissed in entirety.

4. Of the total litigation costs, the part arising between the plaintiffs and the local Land Tribunal for the defendant 00000 shall be borne by the above defendant, the part arising between the plaintiff 1, the plaintiff 200, the Kim 00, the defendant 00 and the Development Center for the defendant 000000, respectively.

Purport of claim and appeal

1. The primary purport of the claim and appeal

It is identical to the text of paragraphs 1 and 2.

2. Preliminary purport of claim

The defendant 000000 Development Center shall pay 5% interest per annum from January 7, 2007 to the judgment of the first instance court and 20% interest per annum from the next day to the date of full payment.

Reasons

1. Scope of the judgment of this court;

The plaintiffs, around December 7, 2006, sought revocation of the disposition of expropriation of land by December 7, 2006 to Defendant 0000 local land expropriation committee (hereinafter referred to as “Defendant local land expropriation committee”) and, at the same time, sought an increase in the compensation for expropriation under the premise that the above disposition of expropriation of Defendant 00000 development center (hereinafter referred to as “Defendant Development Center”) becomes effective. This form of lawsuit is a light that the claim against part of the co-litigants is incompatible with that against other co-litigants, and constitutes a preliminary co-litigation of the defendant under Article 8(2) of the Administrative Litigation Act and Article 70(1) of the Civil Procedure Act.

However, the first instance court dismissed all of the plaintiffs' primary claims, and accepted the plaintiff's strong claims, Kim 00, and Lee 00 (the plaintiff's partial acceptance in case of the plaintiff Lee 00) and the plaintiff's conjunctive claims. Accordingly, the plaintiffs appealed only with respect to the primary claims in the part against which the judgment of the first instance was lost (the plaintiff's permission 00 appealed as to the conjunctive claims but withdrawn the appeal in this part on February 25, 2010). The defendant Development Center did not appeal as to the conjunctive claims against the judgment of the first instance court.

Therefore, inasmuch as the plaintiffs filed an appeal as to the primary claim, the judgment on the ancillary defendant development center which needs to be jointly determined in relation to the primary defendant local land expropriation committee is not finalized and it is subject to the judgment of this court. However, such ancillary defendant development center is in the position of "party to the appellate trial" who did not appeal without filing an appeal (Provided, That the part on the claim against the conjunctive defendant by the plaintiff Hu00 is excluded from the scope of the judgment of this court due to the withdrawal of the appeal).

2. Facts of recognition;

A. On November 5, 1997, pursuant to the former Urban Planning Act (amended by Act No. 6655 of Feb. 4, 2002), the head of Seopopopopopo City shall establish an amusement park with an area of 403,000 square meters or more in the daily area of Seopopo City, Seopopo City (hereinafter referred to as the "decision on the urban planning facilities") and publicly notify the decision on the urban planning facilities of Jeju Special Self-Governing Province (hereinafter referred to as the "decision on the urban planning facilities").

B. After that, while the amusement park development project based on the determination of the above urban planning facilities has not been implemented for a long time, the Jeju Free International City Promotion Planning Group under the Prime Minister under the Office for Government Policy Coordination was planned to develop a resort-type housing complex in which the housing (condominium, electric house, etc.), leisure (a golf course, sports center, etc.) and medical functions are integrated into the housing of 226,800 square meters in the Seopo-si-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-si-si's development plan was to be the most suitable for the Seoposi-si-dong-si-si-si-si-si-si-si.

C. Accordingly, on October 14, 2003, the Seopopopo City decided to implement the above recreational-type housing site development project (hereinafter “the above-mentioned development project”) at the project site according to the above determination of the urban planning facility. Jeju-do, upon the request of the Jeju Free International City (amended by Act No. 6852 of Dec. 30, 2002), designated the Defendant Development Center as the project implementer of the above development project at the request of the Seopo City pursuant to Article 62 of the former Special Act on Jeju Free International City (amended by Act No. 6852 of Dec. 30, 2003), and on October 14, 2005 based on the above development plan, the Seopopo City announced that the scope of the project site according to the determination of the above urban planning facility was greatly expanded to neighboring land by 743,700 meters, and that was publicly announced as the announcement by the Seopopo City No. 2005-42.

D. Since then, on November 14, 2005, the Seopopopopo City approved the implementation plan for the above development project (hereinafter referred to as the "the above authorization disposition") under Articles 86 and 88 of the National Land Planning and Utilization Act (amended by Act No. 7707 of Dec. 7, 2005; hereinafter referred to as the "National Land Act"), and announced it by the public notice No. 2005-49 of Seopo City.

(1) The location of the place of project site: 633-3 day-care in the Yellow-si, Seopo-si.

(2) Type and title of a project.

- Kind: Seogpo City Planning Do Domnaoo Park Development Project

-Name: A recreation-type housing complex creation project;

(3) Project operator's name: Defendant Development Center.

(4) The area or scale of a project.

- 743,700 square meters

A person shall be appointed.

E. Then, on March 8, 2006, in order to correct the old error resulting from a cadastral survey on the incorporated land, on April 12, 2006, in order to correct the land tax items on the land divided on the cadastral record as a result of a cadastral survey on the owner, address, land category and interested parties, etc. of the land to be expropriated or used, and on May 24 of the same year, in order to add the public notice of the items to be expropriated or used, each of the above development project implementation plan was authorized (Notice No. 2006-11, 2006-18, 206-24, respectively) to add the public notice of the items to be expropriated or used (Public Notice No. 2006-18, 206-24), Defendant Development Center was finally authorized to do so.

F. From March 16, 2006, the Defendant Development Center had conducted the purchase of a collaboration between the land owners and the project site in the project site, and the Plaintiffs refused consultation, they applied for the adjudication of expropriation to the Defendant Local Land Expropriation Committee on August 1 of the same year. The Defendant Regional Land Expropriation Committee made a public announcement of the application for the adjudication of land expropriation and made a request for the appraisal of the land subject to the adjudication of expropriation on December 7, 2006, and made an adjudication of expropriation (hereinafter “instant adjudication of expropriation”).

(1) Land to be expropriated: Each land recorded in the column for "land" in the attached Table (hereinafter referred to as "each land").

(2) Commencement date of expropriation: January 6, 2007

(3) Compensation for land loss: The amount stated in the separate sheet "Adjudication on Expropriation" column.

(4) Appraisal corporations: 00 appraisal corporations and 000 appraisal corporations.

G. On November 22, 2007, the Central Land Tribunal rejected the Plaintiffs’ objection against the instant adjudication of expropriation, and the said Committee partially increased the compensation for land loss by Plaintiff Lee 00 and dismissed all the remaining Plaintiffs’ objection.

H. Meanwhile, the Plaintiffs were not included in the project site under the first determination of urban planning facilities, and even if they were not included in the project site, they were the owners of each of the above land additionally incorporated in the project site according to the said

[Reasons for Recognition] The facts without dispute are as follows: Gap evidence 1-1, 2-2, Gap evidence 2-3, 7, 14, 22, Gap evidence 3, 4, 5, Gap evidence 6-1 through 4, Gap evidence 7-2, 3, Gap evidence 16-1 through 6, Gap evidence 19-1, Gap evidence 24-1, Gap evidence 30-1, Eul evidence 32-1, Eul evidence 32-2, Eul evidence 33-1, 2, 34-1, 2, 34-3-1, 3, Gap evidence 43-1, 2, 43-2, Gap evidence 44, Gap evidence 45, Gap evidence 47-3, Eul evidence 47-1, Eul evidence 3-2, and the purport of the whole oral argument, Gap evidence 2-1, 3-2, and Eul evidence 1-2, respectively.

3. Determination on the main safety defense by Defendant Regional Land Tribunal

A. As to the plaintiffs' petitioning for revocation of the adjudication on expropriation of this case, the defendant local Land Tribunal asserted that this part of the lawsuit against the defendant local Land Tribunal is unlawful because the lawsuit against the defendant local Land Tribunal did not have interest in the lawsuit or against a person who is not qualified for the defendant, since the Central Land Tribunal can only file an objection against the Central Land Tribunal after the Central Land Tribunal made an objection

In full view of the language and text of the former part of Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Articles 83 and 85 of the same Act provide that an objection against the Central Land Expropriation Committee shall be filed voluntarily, and the proviso of Article 19 of the Administrative Litigation Act provides that an adjudication against an administrative appeal may be filed only in cases where the adjudication itself has an inherent error in the adjudication itself, and that the adjudication against an administrative appeal may be filed subject to a revocation lawsuit. In a case where an objection is filed against an adjudication against an adjudication against an expropriation, the local Land Expropriation Committee which made the adjudication against the expropriation shall request the revocation of the adjudication against the defendant: Provided, That where an objection is filed on the ground that the adjudication itself has a limited error in the adjudication itself, the Central Land Expropriation Committee which made the objection may seek revocation of the adjudication against the defendant's appeal (see Supreme Court Decision 2008Du1504, Jan. 28, 2010; Supreme Court Decision 2008Du1504, supra.

B. In other words, the above defendant asserts that Article 19 of the Administrative Litigation Act limits the litigation for cancellation of a ruling to the case where there is an error inherent in the ruling, and as long as the lawsuit of this case is not based on the ground that there is an error inherent in the ruling of acceptance itself, but is disputing the defect of the above authorization disposition, which is the preceding disposition, it is unlawful.

However, in the case of a suit seeking cancellation of a ruling, where there is no illegality inherent in the ruling itself, the suit seeking cancellation of the ruling should be dismissed, regardless of the propriety of the original disposition (see Supreme Court Decision 93Nu16901, Jan. 25, 1994). Since whether the ruling itself has a unique illegality, it should be determined within the subject matter (In addition, it is apparent that the plaintiffs are claiming cancellation of the ruling of this case, which is a subsequent disposition, on the premise that the above authorization disposition, has a serious and apparent defect, and the adjudication of acceptance of this case, which is a subsequent disposition, is null and void). The above safety defense of the above defendant is also without merit.

4. Judgment as to the main claim

A. The assertion

(1) The plaintiff

(A) The instant adjudication on expropriation is subject to legal defects as follows, which are the preceding disposition, which serves as the basis for the occurrence of the right to expropriate, and its defect is serious and obvious. Therefore, the instant adjudication on expropriation based on an invalid authorization disposition is also null and void. Therefore, the revocation of the instant adjudication on expropriation is sought within the meaning of the declaration on invalidation.

(1) A disposition to authorize an implementation plan for an urban planning facility project under the National Land Act shall be based on the determination of a legitimate urban planning facility project, and the person with the authority to authorize shall authorize the implementation plan only in light of the light that the said implementation plan is deemed to conform to the Regulations on Standards for Determination, Structure and Installation of Urban Planning Facilities (hereinafter referred to as the "Rules

② However, although the above determination of urban planning facilities, which is the premise of the above authorization disposition, aims to develop the “ amusement park”, which is the infrastructure stipulated in the National Land Act, the Seocho-gu Mayor, the person with the authority to authorize the above development project, which is the creation of a resort-type residential complex that does not meet the structure and installation standards of the rules of urban planning facilities, was approved as an urban planning facility project.

③ Therefore, the above authorization is erroneous in violating the National Land Act, which is a mandatory provision, by authorizing a recreational housing complex development project that does not fall under an amusement park, as an urban planning facility project.

(B) Even if the above resort-type residential complex constitutes an amusement park, which is an urban planning facility, the above development project merely aims to enable the Defendant Development Center to acquire the proceeds from resale through the local development, and it does not aim at improving the welfare of the local residents, and thus, the infringement of the plaintiffs' property rights is lacking in public interest. The above approval disposition or the ruling of expropriation of this case was omitted in the determination of the necessity for the implementation of the project, or the comparative balancing between the public and private interests was not made.

(2) Defendant Local Land Tribunal

(A) Article 58(5) of the Rules on Urban Planning Facilities excludes the application of restrictions on the building-to-land ratio, floor area ratio, and type of facilities under the above Rules to amusement parks created by the development project under the Special Act of Jeju Free International City among amusement parks (amended by Act No. 7849, Feb. 21, 2006; hereinafter referred to as the “the Special Act”). Accordingly, the above development project based on the special Act can install various facilities in amusement parks without difficulties in the above rules. Accordingly, the above approval disposition with the aim of creating a resort residential complex is not contrary to the above rules and the National Land Act.

(B) Even if there is a defect in violation of the National Land Act in the above-mentioned authorization disposition, the above defect was cured or completed due to the following circumstances.

(1) According to Article 58 (4) of the Rules on Urban Planning Facilities, facilities prescribed by the Tourism Promotion Act may be installed in an area designated as a government luminous area or a tourism complex among amusement parks, notwithstanding the provisions on amusement park facilities under paragraph (2). Since the Defendant Development Center obtained a separate approval for a comprehensive resort business under the Tourism Promotion Act with respect to the said development project from the Seopo City on January 28, 2009, after the instant decision on expropriation, the Defendant Development Center became to be not in violation of the above rules or the National Land Act, since the portion of accommodation facilities, such as hotels, among the contents of the development project subject to the said approval disposition, is large.

② According to Article 59 of the above Special Act, a person who intends to carry out a development project, such as amusement parks, in Jeju-do shall obtain approval from the Governor, and if such approval is obtained, he/she shall be deemed to have obtained approval for the implementation plan under the National Land Act pursuant to Article 60 of the same Act. The defendant Development Center obtained legitimate authority to implement the development project after obtaining approval for the implementation of the development project from the Governor of Jeju-do around October 2005.

③ According to Article 266(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (amended by Act No. 8586, Aug. 3, 2007), the Development Center shall obtain approval from the Minister of Construction and Transportation when it establishes or amends the implementation plan of the Development Center, and the Development Center shall be regarded as the implementer of an urban planning facility project under the National Land Act when it obtains approval from the Minister of Construction and Transportation pursuant to paragraph (4) of the same Article. The Defendant Development Center shall be regarded as the implementer of an urban planning facility project under the National Land Act. Since the Minister of Construction and Transportation revised the implementation plan of the Development Center including the said development project on Jun. 29, 2007, the Defendant Development Center was authorized to use the said land owned by the Plaintiffs as an urban planning facility project implementer under the special Act on the Establishment

(C) Even if not, the above defect is a serious and unclear reason for action, and it does not constitute a reason for invalidation as a matter of course. Thus, since the defect of the above authorization disposition, which is a prior disposition, is not succeeded to the ruling of acceptance of this case, which is a subsequent disposition, the plaintiffs cannot seek the revocation of the ruling of acceptance of this case on the ground of the defect of the above authorization disposition.

(D) Even if the plaintiffs' claims are well-grounded, a considerable amount of foreign capital has already been induced to promote the development project, and the revocation thereof is considerably inappropriate for public welfare, and thus, it should be subject to a ruling of assessment.

B. Determination

(1) Major relevant regulations (other relevant regulations are as listed in the separate sheet).

When it is intended to install infrastructure prescribed by the National Land Act, the name, location, and scale, etc. of such infrastructure shall be determined by the urban management plan in advance (Article 43(1) of the same Act); matters necessary for the determination, structure, and standards for installation, etc. of the snow at the time of urban planning shall be prescribed by the Urban Planning Facilities Rules, which are Ordinance of the Ministry of Construction and Transportation (Article 43(2)); and a person who is determined as the project implementer through the determination of the above urban planning facilities shall prepare an implementation plan for the relevant urban planning facilities project as prescribed by Presidential Decree (Article 88(1) of the same Act), and obtain authorization from the Minister of Construction

On the other hand, the rules of urban planning facilities (amended by Ordinance of the Ministry of Construction and Transportation No. 480, Dec. 14, 2005) define the amusement park, which is the urban planning facilities, as the “facilities for recreation and recreation, which are installed in order to contribute to the improvement of the welfare of the residents in the city” (Article 56), and stipulate the detailed structure and installation standards so that various facilities can be installed to respond to the demands of the users in each class (Article 58(1)1), and (2) include facilities that can be used without distinction between age and gender (Article 58(1)2).

(2) Determination as to the legal defect of the above authorized disposition

(A) The following circumstances, i.e., the infrastructure under the National Land Act, including squares, parks, green areas, etc., are one of the spatial facilities installed for recreation and relaxation to contribute to the improvement of the welfare of the residents in the country. On the other hand, resort-type residential complex to be created by the said development project is a facility with the main purpose of creating tourist revenues by attracting domestic and foreign tourists and particularly high-income older persons, especially by allowing them to stay in the middle and long-term period, which are completely different in terms of its concept and purpose; ② The amusement park is able to respond to the request of the users of each class; ② the amusement park is installed in accordance with the above structure and installation standards, and the above resort-type residential complex is a facility that can be used without distinction between age and gender. However, the above resort-type residential complex is not in conformity with the above standards in terms of the installation of various types of accommodation facilities, which are the basis of free accessibility and possibility of use of nearby residents, and thus, it does not conform with the above standards under the National Land Expropriation Center's Housing Act, which is essentially justified for the purpose of urban and economic zone.

(B) As to this, the above defendant asserts that the above defects were cured due to the approval of the business under the Tourism Promotion Act, the approval of the Do governor's project implementation, the approval of the implementation plan of the Development Center, etc. after the above approval disposition.

(4) Whether an administrative disposition is unlawful shall be determined on the basis of the law and fact at the time of the administrative disposition, and it shall not be affected by the amendment or repeal of the law or changes in the actual state after the disposition (see, e.g., Supreme Court Decision 95Nu8461, Nov. 10, 1995). The cure of defective administrative act cannot be permitted in principle from the point of view of the nature of administrative act or the rule of law. exceptionally, if an administrative act is repeated and such act is permitted for the sake of legal stability of the parties, it shall be recognized as a project operator in accordance with specific circumstances within the extent that it does not infringe the rights and interests of the citizens (see, e.g., Supreme Court Decision 2001Du10684, Jul. 9, 202). 1, 2002; 2000Du4884, supra, there is no reason to deem that the above order of the Minister of Construction and Transportation’s establishment of urban planning facilities cannot be applied to the above urban planning facilities.

(3) Determination on the validity of the above authorization disposition and the adjudication on expropriation of this case

Furthermore, with respect to the legal effects of the above-authorization disposition and the ruling on expropriation of this case, the public health room, and the disposition on authorization of urban planning facility project under the National Land Act are independent of the nature of the administrative disposition, and thus, the person asserting illegal acts, as the object of the above-authorization disposition itself, must seek revocation of the disposition on the ground of the above-mentioned authorization disposition itself, and the person asserting illegal acts cannot seek revocation of the ruling on the ground of illegal acts or unjust acts, unless there are significant and apparent defects in the above-mentioned authorization disposition, which is the preceding disposition, at the stage of the adjudication on expropriation after the lapse of the filing period,

In addition, in order for an administrative disposition to be deemed null and void as a matter of course, the mere fact that there is an illegality in the disposition is insufficient, and it should be objectively clear that the defect is a serious violation of the important part of the law, and in determining whether the defect is significant and obvious, the purpose, meaning, function, etc. of the law should be considered from a teleological perspective and reasonable consideration of the special nature of the specific case itself (see, e.g., Supreme Court Decision 2005Du14363, Jun. 30, 2006).

Therefore, we examine whether the above authorization disposition is void automatically due to the above defect: ① The National Land Act provides only certain facilities, the public nature of which is particularly emphasized as infrastructure for the purpose of promoting public welfare and improving the quality of life, and, in case where such reflect facilities are determined as urban planning facilities, it grants strong authority to expropriate or use the land or buildings, etc. which are essential for the project to be implemented by the implementor of the urban planning facility project. In terms of public nature, allowing the development project not falling under the above infrastructure to be implemented in the form of an urban planning facility business under the National Land Act to be approved in the form of an urban planning facility business under the National Land Act is a serious error in violation of the important part of the National Land Act; ② As seen above, the above resort housing complex which the Defendant Development Center intends to obtain has an essential difference in all aspects, such as its purpose, structure, and form, and so on, it appears that such difference is obvious objectively and externally, ③ the research and review materials (Evidence evidence) in the process of the above development project, and ultimately, the above disposition becomes invalid or invalid.

(4) Determination on the assertion of a judgment on assessment

In a case where an administrative disposition is null and void, the circumstances under Article 28 of the Criminal Procedure Act cannot be judged because there is no administrative act that has the effect to maintain it (see Supreme Court Decision 91Nu8227, Nov. 10, 1992). Since the above authorization disposition and the ruling of expropriation of this case constitute the invalidation of validity as seen earlier, the above defendant's above assertion is without merit.

(5) Sub-decisions

Therefore, the ruling of acceptance of this case is null and void due to the defect in the above ruling of acceptance, which is a prior disposition, and the plaintiffs' primary claim seeking a lawsuit of acceptance of this case is justified in the sense of seeking the declaration of invalidation.

5. Determination on the conjunctive claim

As seen earlier, as long as the primary claim of the plaintiffs is well-grounded, each conjunctive claim of plaintiffs 00, Kim 00, and Lee 00 cannot be received without further need for determination.

6. Conclusion

Therefore, the plaintiff's primary claim is accepted, and the plaintiff's primary claim is dismissed, and since the above part of the judgment of the court of first instance which differs from this conclusion is unfair, it is revoked in its entirety, and the decision of acceptance of this case is revoked, and all of the conjunctive claims of the plaintiff 50, 100, 100 are dismissed. It is so decided as per Disposition.

Judges

Park Ho-dae (Presiding Judge)

Injury

Height.

Note tin

1) For an amusement park created by a development project under the aforesaid special Act among the amusement parks, the rules of the relevant urban planning facilities pursuant to Article 58(5) of the Rules on Urban Planning Facilities

The application of restrictive provisions concerning building-to-land ratio (Article 58(1)4), floor area ratio (Article 58(1)5), and kinds of installation facilities (Article 58(2)) shall be excluded.

In addition, the definitions of the above amusement park (Article 56) and the provisions of the above structure and installation (Article 58 (1) 1 and 2) are applied without exception.

(ii) the proportion occupied by accommodation facilities ( condominiums or tourist hotels) in the total project area is 51.5% and absolutely high, other than that,

Convenience facilities (3.6%) or special facilities (2.4%) are relatively small in proportion to their shares, and accommodation facilities are more than for independent recreation and relaxation purposes.

It seems that it is merely a meaning of subsidiary facilities to enhance convenience and utility.

3) If a plan for the creation of a tourist destination, etc. is approved pursuant to Article 54 of the Tourism Promotion Act, the project operator shall have the land, etc. in the project site pursuant to Article 61

(1) may be accepted and used by the Corporation.

Site of separate sheet

Attached Table [Attachment]

(united, less than won)

A person shall be appointed.

Related Acts and subordinate statutes

○ former National Land Planning and Utilization Act (amended by Act No. 7707 of Dec. 7, 2005)

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

7. The term “urban planning facilities” means the relocation that is determined by the urban management planning pursuant to Article 30 from among infrastructures;

Article 30 (Determination of Urban Management Planning)

(1) When the Mayor/Do Governor intends to determine an urban management plan, he/she shall consult in advance with the head of the relevant administrative

and the Minister of Construction and Transportation (in cases of fishery resources protection zones under Article 40, the Minister of Oceans and Fisheries shall speak;

The head of an agency in receipt of a request for consultation shall consult with the head of the agency.

shall present its opinion within 30 days from the date of receipt of the request.

(2) The Mayor/Do Governor shall establish and determine an urban management system established and determined by the Minister of Construction and Transportation under Article 24 (5).

The urban management planning concerning the alteration of catch or other important matters prescribed by the Presidential Decree shall be determined.

The person shall consult with the Minister of Construction and Transportation in advance.

(3) When the Minister of Construction and Transportation intends to decide on the urban management planning, he shall deliberate by the

In accordance with Article 113 (1), where the Mayor/Do Governor intends to determine an urban management plan, he/she shall do so.

The deliberation of the City/Do Urban Planning Committee under the City/Do Urban Planning Committee shall be conducted: Provided, That the Mayor/Do Governor shall replace the district unit plan

With respect to matters falling under any of the following subparagraphs of sound, Article 4 of the Building Act shall be as prescribed by the Presidential Decree:

The building committee established in the Si/Do and the Urban Planning Committee shall undergo joint deliberation.

1. Matters concerning the maximum limit or the minimum limit on the height of buildings under Article 52 (1) 4 (subparagraph 1 of Article 49);

Only for the Class-I district unit planning under the provisions of the Act)

2. Matters under Article 52 (1) 5; and

3. Matters concerning the scenery plan under Article 52 (1) 6.

(6) When the Minister of Construction and Transportation or the Do Governor has determined an urban management plan, he shall determine.

The Minister of Construction and Transportation or the Do Governor shall publicly notify the relevant documents, and the relevant Special Metropolitan City Mayor/Metropolitan City Mayor

- The head of Si/Gun shall send them to the head of Si/Gun for public perusal, and the Special Metropolitan City Mayor/Metropolitan City

The head of the Gu shall make relevant documents available for public perusal.

Article 43 (Installation and Management of Urban Planning Facilities)

(1) Where infrastructure is to be installed in the air, underwater or underground water, the type and name of the facility.

The location, size, etc. of a name shall be determined by an urban management plan in advance.

(2) Necessary matters concerning the determination, structure and standards for installing urban planning facilities shall be prescribed by Ordinance of the Ministry of Construction and Transportation.

shall be prescribed by other Acts: Provided, That if any special provision exists in other Acts, such other Acts shall govern.

Article 86 (Executor of Urban Planning Facility Project)

(1) A Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall have special provisions in this Act or other Acts.

An urban planning facility project in its jurisdiction shall be implemented except in its jurisdiction.

(5) Persons other than those entitled to become undertakers under paragraphs (1) through (4) shall be prescribed by the Presidential Decree.

A city designated as an implementer by the Minister of Construction and Transportation, a Mayor/Do Governor, or the head of a Si/Gun;

Planning facility projects may be implemented.

The Minister of Construction and Transportation, the Mayor/Do Governor, and the head of Si/Gun shall pursuant to paragraph (2) (3) or (5).

When designating an executor of an urban planning facility project, such designation shall be made under the conditions as prescribed by Ordinance of the Ministry

shall be publicly notified.

Article 8 (Preparation, Authorization, etc. of Implementation Plans)

(1) Any undertaker of an urban planning facility project shall make relevant urban planning facility project under conditions prescribed by Presidential Decree.

An implementation plan (hereinafter referred to as "implementation plan") shall be prepared.

(2) The operator of an urban planning facility project (excluding the Minister of Construction and Transportation and the Mayor/Do Governor) shall be referred to in paragraph (1).

When an implementation plan is prepared pursuant to the Presidential Decree, the Minister of Construction and Transportation or the Si/Do;

The Minister of Construction and Transportation or the Do Governor shall obtain approval from the Do Governor. In such cases, the installation of infrastructure

or to take measures such as prevention of environmental pollution and landscaping of the land required therefor.

may be authorized on a case-by-case basis of the implementation plan.

(4) An implementation plan shall specify or attach design documents, fund plans, execution period, and other matters prescribed by Presidential Decree necessary for implementing the project.

Article 91 (Public Announcement of Implementation Plans)

When the Minister of Construction and Transportation or a Mayor/Do Governor prepares or approves an implementation plan pursuant to Article 88, he/she shall publicly announce the details thereof, as prescribed by Presidential Decree.

Article 95 (Expropriation and Use of Land, etc.)

(1) Any undertaker of an urban planning facility project shall get objects or rights falling under any of the following subparagraphs:

may be expropriated or used.

1. Land, buildings, or any goods fixed on such land;

2. Rights other than the ownership of land, buildings, or articles fixed on such land.

Article 96 (Application Mutatis Mutandis of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects)

(1) With respect to the expropriation and use as prescribed in Article 95, the cases of special provisions in this Act shall be excluded.

Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to such Act.

(2) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis pursuant to paragraph (1).

When an implementation plan is publicly notified in accordance with Article 91, discussions for public works shall be made.

Project approval and compensation under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc.;

shall be deemed to have been so notified: Provided, That an application for adjudication shall be deemed to have been acquired and deemed to have been

An urban area determined in the implementation plan, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the Act on the award;

The planning facility project shall be implemented within the implementation period of the project.

○ Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 19206, Dec. 28, 2005)

for the purposes of this section)

Article 2 (Infrastructures)

(1) The term "facilities prescribed by Presidential Decree" in the part other than the items of subparagraph 6 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as the "Act") means the facilities falling under each of the following subparagraphs (including incidental facilities and convenience facilities necessary for the display of functions and utilization of the relevant facilities):

2. Space facilities: S square, parks, green areas, amusement parks, and vacant public land;

Article 97 (Authorization for Implementation Plans)

(1) Matters falling under each of the following subparagraphs shall apply to the implementation plan under Article 88 (1) of the Act (hereinafter referred to as the "implementation plan"):

shall include this section.

1. Type and title of the project;

2. Size or scale of the project;

3. The name and address of the project implementer (in cases of a corporation, the name and location of the corporation and the name of its representative;

( Address)

4. Scheduled date and scheduled completion date of the project.

(2) Any implementor of an urban planning facility project shall get authorization for an implementation plan under Article 88 (2) of the Act.

Any implementer designated by the Minister of Construction and Transportation shall obtain authorization from the Minister of Construction and Transportation.

Any other implementer shall obtain authorization from the Mayor/Do Governor.

Rule on the Determination, Structure and Installation Standards of Urban Planning Facilities (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 480 of December 14, 2005)

for the purposes of this section)

Article 1 (Purpose)

The purpose of this Rule is to prescribe the standards for the determination, structure, and installation of urban planning facilities under Article 43 (2) of the National Land Planning and Utilization Act and matters concerning the subdivision and scope of infrastructure under Article 2 (3) of the Enforcement Decree of the same Act.

Article 2 (Scope of Determination of Urban Planning Facilities)

(2) Harbors, airports, amusement parks, distribution business facilities, and schools (under subparagraphs 1 through 5 of Article 2 of the Higher Education Act).

Where an urban planning facility is decided with respect to a school or playground, the function of the facility shall be generated.

A creation plan for important detailed facilities to be established for the display shall be determined together.

Article 56 (Ye Park)

The term “ amusement park” used in this Section means amusement and recreation which are established in order to mainly contribute to the improvement of the welfare of residents.

facilities for the purposes of this section.

Article 58 (Standards for Structures and Establishment of Recreation Park)

(1) The standards for structure and installation of amusement parks shall be as follows:

1. A variety of facilities shall be installed in order to respond to the demand of users of each class;

2. It shall include facilities which can be used without distinction between age and gender;

3. A specific land for the purpose of increasing the efficiency of land use, except an amusement park for recreation.

concentrating facilities in the calendar;

4. The building-to-land ratio of buildings constructed as amusement park facilities shall be Article 77 of the National Land Planning and Utilization Act.

The urban planning municipal ordinance within the limits of building-to-land ratio of the relevant specific use area under paragraph (1).

3. A designation: Provided, That the area of a amusement park is less than 30,000 square meters and is located in a natural green area;

e shall not exceed 15 percent in all cases.

5. The floor area ratio of a building constructed as amusement park facilities shall be Article 78 of the National Land Planning and Utilization Act.

The urban planning municipal ordinance within the limit of the floor area ratio of the relevant specific use area under paragraph (1).

may be determined.

6. Previous where an implementation plan is formulated for only a part of the total area of an amusement park according to the amusement park creation plan.

The provisions of subparagraphs 4 through 5 shall apply to the area concerned, regardless of whether the project has been carried out in a phased manner;

for the purposes of this section.

(2) The following facilities may be installed in amusement parks. In such cases, amusement facilities referred to in subparagraph 1 shall be used for children:

It shall be installed by classifying it into amusement facilities centered on the center and amusement facilities focused on family use.

1. Scar facilities: Scar, scarba, scarba, scarba, ju-type facilities, such as scarba, night scarba, and scarba, scarba;

Fixed-type facilities, such as string, electric power failureers, power failureers, and divers, strings, video type examination centers, and tampers;

Em-type viewing facilities, indoor shooting facilities, play facilities, such as marries, tails, mars, and mars, dump trussess, laboratories, etc.

outside of the facility that can enjoy leisure activities and campaigns, such as snow, sled sled sales floor, nit rink, etc.

institution operated by machinery, etc.

2. Sports facilities: A land commander, a tennis, a golf driving range, an indoor camping practice hall, a table hall, an ancient gymnasium, and a sports hall;

A swimming pool, boat play ground, vice bridge, landing ground, mooring ground, skiing ground (including indoor skiing ground), golf course (9 holes);

Various sports facilities, such as horse riding courses, etc.

3. Resort facilities: Rest rooms, play movables, fishing places, accommodation facilities, camping grounds (including a motor vehicle camping ground) and camping grounds.

The Chairperson, Youth Training Facilities, and Natural Recreation Forest;

4. Special facilities: Zoos, botanical gardens, performance halls, wedding halls, masts, outdoor sales stores (including similar ones).

C) Viewing places, exhibition halls, exhibition halls, exhibition halls, sculptures, outdoor music halls, outdoor theaters, greenhouses, and arboretums;

5. Amusement facilities: Approval of a project plan under Article 15 of the Tourism Promotion Act as facilities attached to tourist hotels;

amusement facilities installed under this Act

6. Convenience facilities: Prospective platforms, stores, resting restaurants, general restaurants, music loss, public bath, and entertainment bars;

· King practice rooms, photographs, pharmacies, simple medical facilities, and financial facilities

7. Management facilities: Roads, parking lots, cable railways, garbage treatment facilities, management offices, toilets, information signs, and warehouses;

8. The Urban Planning Committee as facilities similar to those referred to in subparagraphs 1 through 5 (Determination of the relevant urban planning facilities).

Facilities after deliberation by the authority (referring to the Committee belonging to the authority)

(4) Tourist resorts or resort complexes as referred to in subparagraph 6 or 7 of Article 2 of the Tourism Promotion Act among amusement parks.

Notwithstanding the provisions of paragraph (2), the designated area shall include the facilities prescribed by the Tourism Promotion Act.

may be established.

(5) Amusement parks created by development projects under the Special Act on Jeju Free International City among amusement parks shall be classified as amusement parks.

The provisions of paragraphs (1) 4, 5 and (2) shall not apply.

○ Tourism Promotion Act (amended by Act No. 8014 of September 27, 2006)

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

6. The term “tourist resort” means the tourist resort which is provided with natural or cultural sightseeing resources, and fundamental facilities for the convenience of tourists;

The term “establishment of an area” means the area designated under this Act.

7. The term “tourism complex” means a comprehensive opening of various tourist facilities for sightseeing and recreation of tourists;

The term "tourist base area" means any tourist base area designated pursuant to this Act.

Article 50 (Designation, etc. of Tourist Destinations)

(1) Tourist resorts and tourism complexes (hereinafter referred to as "tourist resorts, etc.") shall be markets and complexes as prescribed by the Ordinance of the Ministry of Culture and Tourism.

(2) When a Mayor/Do Governor intends to designate a tourist destination, etc. under paragraph (1), he/she shall designate the tourist destination, etc. according to the provisions of paragraph (1) at the request of the head of the Gun

shall consult with the Corporation: Provided, That pursuant to Article 30 of the National Land Planning and Utilization Act, the same Act shall apply.

The planning management area as prescribed in paragraph (1) 2 (c) of the same Article (the determination of urban management planning under the same Act);

In the case of an undetermined area, a quasi-permanent area under Article 8 of the Act on the Utilization and Management of the

area determined and publicly notified as a tourist destination, etc. is intended to be designated and publicly notified as a tourist destination, etc.

this provision shall not apply.

(3) The revocation of designation of a tourist destination or any change in its area shall be made in compliance with the procedure for designation of tourist destinations.

(c) A modification of minor area as determined by the Presidential Decree in this case: Consultation under the main sentence of paragraph (2);

subsection (1) of this section.

(4) The Mayor/Do Governor shall designate, revoke the designation, or change the area under the provisions of paragraph (1) or (3).

(2) The notice shall be given.

○ Tourism Promotion Act (amended by Act No. 9432 of February 6, 2009)

Article 54 (Formulation, etc. of Development Plans)

(1) The head of a Si/Gun/Gu having jurisdiction over a tourist destination, etc. shall prepare a development plan and obtain approval from the competent Mayor/Do Governor.

(1) Any modification (excluding any modification to insignificant matters prescribed by Presidential Decree) shall be made;

Do also shall be the same: Provided, That the Ordinance of the Ministry of Culture, Sports and Tourism, such as government-invested institutions that

public corporations or private developers (hereinafter referred to as "developers of tourism complexes") shall prepare a plan for the creation of a tourism complex and pass it over.

The approval of the Mayor/Do Governor may be obtained as prescribed by Ordinance.

Article 55 (Implementation of Formation Plan)

(1) A project to implement a development plan (hereinafter referred to as the "development project") shall be special under this Act or other Acts and subordinate statutes.

Except as otherwise provided, a person who has obtained the approval of a development plan (Special Self-Governing Province pursuant to Article 54 (5)).

A branch office shall be conducted by a project implementer, including cases where the branch office has established a creation plan; hereinafter referred to as "project implementer").

(2) In order for a project implementer to promote the development of tourist destinations, etc., approval from the competent Mayor/Do Governor before approval for the development plan

If the land necessary for the development project is purchased, the purchase of the land as a project implementer;

shall be deemed to have been made.

(3) A person other than a project operator who intends to implement a development project shall comply with the guidelines and procedures prescribed by Presidential Decree.

(d) Where a project operator is the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu:

A development project may be implemented with permission from the head of the Gu, and a project operator is a tourism complex developer.

A tourist complex developer may conduct a development project in consultation with the tourist complex developer.

(4) Approval of a development project (the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu).

A person who intends to implement a project shall be limited to the project received; hereafter the same shall apply in this paragraph) under Article 15 (1) and (2).

Where a project plan is approved pursuant to paragraph (3), the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall be

A development project may be implemented without obtaining permission from the head of the Gu.

(5) Tourism complex developers prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, including government-invested institutions.

If necessary, affairs to purchase land and compensation for losses (in cases of private developers, the proviso to Article 54 (4)).

The remaining private land shall be expropriated or used only if it is expropriated or used as prescribed by Presidential Decree.

Accordingly, it may be entrusted to the head of the competent local government.

Article 58 (Legal Fiction of Authorization, Permission, etc.)

(1) Approval of a development plan or approval for any revision thereto under Article 54 (1) or special cases under Article 54 (5).

When the Governor of the Self-Governing Province formulates a creation plan in consultation with the heads of relevant administrative agencies, the following persons:

· Permission, etc. or reporting shall be deemed to have been made.

1. An urban management plan under Article 30 of the National Land Planning and Utilization Act ( Subparagraph 4 of Article 2 of the same Act);

Facilities prescribed by Presidential Decree among the plans referred to in the items of subparagraph 2 (e) of Article 49 of the same Act;

Class-II district unit planning under this Act and Class-II district unit planning zone under Article 51 (3) of the same Act;

Determination of plans), approval of topographic drawings under Article 32 (2) of the same Act, and under Article 36 of the same Act;

Designation of planned management areas not urban areas among special-purpose areas, and land for use under Article 37 of the same Act;

Designation of a development promotion district among the Gu, permission for development activities under Article 56 of the same Act, and Article 86 of the same Act;

Designation of an implementor of an urban planning facility project under Article 88 of the same Act and authorization of an implementation plan;

13. Approval of a project under Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under Article 61;

(1) Land and the following goods or rights necessary for implementing a development project under Article 55, and the project implementer:

Ri may be expropriated or used: Provided, That the right to use agricultural water and other farmland improvement facilities may be used:

Where intending to expropriate or use a facility, prior approval from the Minister for Food, Agriculture, Forestry and Fisheries shall be obtained.

1. Rights to land, other than ownership;

2. Standing trees, buildings or other fixtures on land, and rights thereto, other than ownership;

3. Rights to the use of water; and

4. Earth and rocks, sand and gravel on land.

(2) Where consultation on expropriation or use under paragraph (1) fails to lead to an agreement, or is impossible to consult on such agreement.

A project executor under Article 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

Notwithstanding paragraph (1), an application for adjudication may be filed during the implementation period of the development project.

(3) Procedures for expropriation or use under paragraph (1) and requests for compensation and rulings therefor shall be provided for in this Act.

The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply, except as otherwise expressly provided for in the aforesaid Act. Jeju Free International City Act (amended by Act No. 7849, Feb. 21, 2006)

Article 59 (Approval, etc. for Implementation of Development Projects)

(1) Anyone who intends to implement a development project shall obtain approval from the Governor: Provided, That the development project shall be implemented.

If a person is the State or the Development Center, he/she shall hear the opinion of the Governor.

(2) The scope of development projects subject to the approval or hearing of opinions from the Governor under the provisions of paragraph (1).

Provincial Ordinance shall be prescribed by Provincial Ordinance.

(3) Persons who intend to obtain approval to implement a development project or who intend to seek opinions under paragraph (1).

shall prepare a business plan and documents attached thereto, as prescribed by Provincial Ordinance, and submit them to the Do Governor.

of the corporation.

Article 59-2 (Special Cases in Application of National Land Planning and Utilization Act)

(1) The designation as an absolute conservation zone, relative conservation zone, and management conservation zone under the provisions of Articles 27 through 29.

With respect to areas, notwithstanding the provisions of Article 27 (3) of the National Land Planning and Utilization Act;

the assessment of sex may not be conducted.

(2) Cases of the urban planning facilities as prescribed by the Presidential Decree, such as amusement park facilities, from among the urban planning facilities.

The waste rate and floor area ratio shall be the President, notwithstanding Articles 77 and 78 of the National Land Planning and Utilization Act.

Colonel shall be prescribed by Ordinance.

Article 60 (Legal Fiction of Authorization, Permission, etc.)

(1) Any person who intends to implement a development project shall obtain approval to implement the development project under Article 59 or obtain approval to implement it.

In the case of hearing dogs, permission, authorization, designation approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc.") falling under any of the following subparagraphs:

(c)be deemed to have been received;

17. Urban management planning under Article 30 of the National Land Planning and Utilization Act; and

Decision on urban management planning concerning planning facilities shall be limited to urban management planning, development activities under Article 56 of the same Act.

Permission, designation of an implementor of an urban planning facility project under Article 86 of the same Act, and bylaws of Article 88 of the same Act

Authorization for an implementation plan by schedule;

(2) The Governor shall seek to approve the execution of the development project or present his opinion under Article 59.

(1) If the business plan includes matters falling under any of the subparagraphs of paragraph (1), the relevant administrative officer;

A prior consultation with the head of the library shall be made.

○ Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Law No. 8586, Aug. 3, 2007)

amendments to this chapter)

Article 222 (Formulation of Master Plan)

(1) The Governor shall comprehensively implement a comprehensive plan to develop a free international city including the following matters (hereinafter referred to as "comprehensive plan"):

The plan shall be formulated.

3. Matters concerning the fostering of the tourism industry, and the use, development, and conservation of tourism resources;

Article 228 (Designation of Prospective Project Executors)

(1) The Governor shall implement projects subject to environmental impact assessment under Article 299 and the national land plan among the development projects.

Alteration of an urban management plan under the provisions of Article 30 of the Act on the Utilization and Utilization of Urban Planning (the provisions of subparagraph 1 of Article 6

shall be prior to any change in the urban management planning in any area other than the urban area under subsection (1).

A person who intends to implement a project (including the State or the Development Center; hereinafter the same shall apply) shall be prescribed by Provincial Ordinance.

The development project executor may be designated as an expected executor as prescribed in the Presidential Decree.

Article 229 (Approval, etc. for Implementation of Development Projects)

(1) Anyone who intends to implement a development project shall obtain approval from the Governor: Provided, That the development project shall require approval.

If the executive is the State or the Development Center, he/she shall hear the opinion of the Do Governor.

Article 230 (Legal Fiction of Authorization, Permission, etc.)

(1) Any person who intends to implement a development project shall obtain approval to implement the development project under Article 229, or obtain approval therefor.

Where opinions are heard, the following reports, etc. on the designation, designation, and approval consultation (hereinafter referred to as "permission, etc."):

shall be deemed to have been granted and the approval of the implementation of a development project shall be publicly notified under Article 229(11).

When it is deemed that there has been public announcement, public announcement, etc. of authorization, permission, etc. under the relevant Acts.

17. Urban management planning under Article 30 of the National Land Planning and Utilization Act (the Presidential Decree);

Determination of urban management planning concerning urban planning facilities as determined by the Presidential Decree, and Article 56 of the same Act.

Permission for development acts, and an implementor of an urban planning facility project under Article 86 of the same Act;

Designation, and authorization of implementation plan under Article 88 of the same Act;

Article 233 (Limited Land Expropriation)

(1) A project operator falling under any of the following subparagraphs (a development project pursuant to the provisions of Article 229 (1):

A person who has obtained the approval of the implementation of a project or who has considered the opinion of the Do Governor) shall be state or public among the area of the project.

At least 2/3 of land except for maintenance and consent of at least 1/2 of the total number of landowners;

Where a development project is conducted and the scale of the project is above a certain area prescribed by Provincial Ordinance, the development shall be conducted.

Land, buildings or fixtures on land necessary for a project and rights other than the ownership thereof (hereafter referred to as "rights" in this Article)

The term "land, etc." in this Article may be expropriated or used.

1. The Development Center that implements a development project in accordance with an implementation plan for the Development Center under Article 266 (1);

2. A developer of a tourist complex under subparagraph 7 of Article 2 of the Tourism Promotion Act;

3. Amusement parks from among the infrastructure under the provisions of subparagraph 6 of Article 2 of the National Land Planning and Utilization Act.

A project implementer for snow

(2) When a public announcement is made under Article 229 (11), the acquisition and acquisition of land, etc. for public works projects shall be performed.

Project approval and public announcement of project approval under Articles 20 (1) and 22 of the Compensation Act;

An application for adjudication shall be deemed to have been filed: Provided, That the provisions of Articles 23 (1) and 28 (1) of the same Act shall apply for adjudication.

Notwithstanding the foregoing, the development project may be implemented within the implementation period.

(3) Except as otherwise provided for in this Act, the public interest shall be given with respect to the expropriation or use under paragraph (1).

The Act on Acquisition of and Compensation for Land, etc. for Projects shall apply mutatis mutandis.

Article 243 (Special Exception for Planning and Utilization of National Land)

(1) The land shall be located as relative conservation zones and management conservation zones under the provisions of Articles 292 through 294.

As regards the area fixed, the non-permanent area under the provisions of Article 27 (3) of the National Land Planning and Utilization Act.

An assessment of the aptitude of the land may not be conducted, such as soil, location, and potential for utilization of the land.

(2) If necessary for regional conditions, the Governor shall name, designate purpose, and construct a special-purpose district, as Provincial Ordinance.

The National Land Planning Act by prescribing prohibition and restriction of acts, restrictions on the area of land use due to development projects, etc.

Designation or alteration of special-purpose districts other than special-purpose districts under Article 37 of the Act on the Use and Use of Land;

Determination may be made by an urban management plan.

Urban planning prescribed by Presidential Decree, such as amusement park facilities, among urban planning facilities in Jeju Self-Governing Province.

The building-to-land ratio and floor area ratio of the snow shall be the provisions of Articles 77 and 78 of the National Land Planning and Utilization Act.

Notwithstanding the provisions of Provincial Ordinance.

(4) Articles 10, 16 (2) (limited to consultation) and 29 (2) of the National Land Planning and Utilization Act.

The Minister of Construction and Transportation or the related central government under the provisions of subparagraphs 2, 3, 5 through 7 and Article 39.

The authority of the head of an administrative agency shall become the Governor.

(5) The Governor shall Articles 8 (2), 16, 30 (2) and 30 (2) of the National Land Planning and Utilization Act and the Act.

Notwithstanding the provisions of paragraph (2) of the Addenda to the National Land Planning and Utilization Act (Act No. 7470),

Designation of a zone, etc. without approval or consultation with the Minister of Construction and Transportation; or

Alteration, formulation or alteration of a metropolitan plan, alteration or determination of an urban management plan and the first urban basic

plan may be formulated.

(6) In applying the provisions of paragraphs (4) and (5), Article 8 (3) of the National Land Planning and Utilization Act shall apply.

The term “central urban planning committee” in Articles 10 (3), 16 (2), 22 (2), and 30 (3) shall read “central urban planning committee”.

The Local Urban Planning Committee shall be deemed to be the "Local Urban Planning Committee".

(7) Notwithstanding Article 9 of the National Land Planning and Utilization Act, the Governor shall do so by other Acts.

Urban management planning for designation or change of specific use areas, specific use districts or specific use zones under the same Act.

plan which contains the agenda item to be deemed to be a decision shall be permitted, authorized, approved, or decided.

In the case of the local urban planning committee under Article 113 of the same Act, it shall be deliberated.

(8) Notwithstanding Article 59 (1) of the National Land Planning and Utilization Act, the Governor shall determine the provisions of the same paragraph.

authorized by law or authorized, permitted, approved, or consulted under other laws;

Deliberation of the local urban planning committee pursuant to the provisions of Article 113 of the same Act where it is intended to do so.

shall be subject to such order.

(9) Notwithstanding the provisions of Article 34 of the National Land Planning and Utilization Act, the Governor shall prescribe in the same Article.

Within the period prescribed by Provincial Ordinance, an overall review of an urban management plan shall be made at an interval prescribed by Provincial Ordinance.

shall maintain this.

(10) Notwithstanding Article 9 (1) of the Addenda to the National Land Planning and Utilization Act (Act No. 6655),

Even before the management area is subdivided pursuant to the provisions of the same Act, the provisions of Article 9 of the Addenda of the same Act shall apply.

Designation or change of an area meeting the requirements as Class-II district unit planning zone by the end of December 2009

by the end of December 2009. In such cases, where the management area is not subdivided, the preservation officer may do so.

Urban planning facilities allowed to be installed in a production management area or planned management area of a Ri area shall be located in a management area.

shall be deemed to have been permitted to be installed.

(1) Article 56 (1), the proviso to Article 56 (2), and Article 56 (4) 3 of the National Land Planning and Utilization Act;

Articles 57 (2) and (4), 58 (1) 1 and (3), 60 (1) and (2), 76 (1), (2) and 5

Presidential Decree or Ordinance of the Ministry of Construction and Transportation under Articles 7, 77 and 78 (1) through (4)

Matters to be prescribed by Provincial Ordinance may be prescribed by Provincial Ordinance.

Article 261 (Establishment)

The Jeju Free International City Development Center shall be established to efficiently promote the development project of free international cities.

Article 265 (Business)

(1) The Development Center shall conduct the following affairs:

1. Establishment and execution of an implementation plan for the Development Center under the provisions of Article 266 (1);

2. The following projects for the development of a free international city:

(a) the acquisition, development, reservation, management, supply and lease of land;

(c) Fostering and supporting the medical and health industry and housing companies within the tourism industrial complex developed and managed by the Development Center;

Business

(d) Each omission;

(f) Affairs entrusted by the State or Jeju Self-Governing Province;

(g) Other support projects, etc. for the improvement and internationalization of Do residents' income;

Article 266 (Implementation Plan for Development Center)

(1) The Development Center shall formulate an implementation plan for the Development Center to be promoted under a comprehensive plan and the Ministry of Construction and Transportation.

The approval of the Minister shall be obtained. The same shall also apply to any modification thereof.

(2) The Minister of Construction and Transportation intends to approve an implementation plan for the Development Center under paragraph (1).

He shall hear his opinion and consult with the head of the relevant central administrative agency: Provided, That as prescribed by Presidential Decree,

It shall not apply to any modification to insignificant matters.

(3) Matters necessary for the contents and procedures for the formulation of the implementation plan of the Development Center and the methods thereof shall be prescribed by Presidential Decree.

The implementer of an urban planning facility project shall be the implementer of the project.

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