ENFORCEMENT DECREE OF THE HOT SPRING ACT
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Wholly amended By / 1996· 7· 1 / Presidential Decree No. 15107Amended By / 1997·12·31 / Presidential Decree No. 15598
Amended By / 1999· 1·29 / Presidential Decree No. 16093
Amended By / 1999· 2· 5 / Presidential Decree No. 16102
Amended By / 2000· 5·25 / Presidential Decree No. 16816
Amended By / 2001· 6·22 / Presidential Decree No. 17241
Amended By / 2003·12·24 / Presidential Decree No. 18167
Amended By / 2004· 3·17 / Presidential Decree No. 18312
Article 1 (Purpose)
The purpose of this Decree is to provide matters delegated by the Hot Spring Act (hereinafter referred to as the "Act") and matters necessary for its enforcement.
Article 2 (Designation and Alteration of Hot Spring Resource Protection District)
(1) When the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred as the "Mayor/Do governor") intends to designate a hot spring resource protection district under the provisions of Article 3 (1) of the Act, he shall consider the following matters: <Amended by Presidential Decree No. 17241, Jun. 22, 2001>
1.The exiting area of hot spring resource and its quantity;
2.Placement of facilities, etc. for the purposes of the efficient utilization of hot spring;
3.Rearrangement of surroundings;
4.Relation with other local development plans; and
5.Effects on the ecosystem such as water pollution due to the development of hot spring.
(2) The Mayor/Do governor may change a scope of hot spring resource protection district when it falls under any of the following subparagraphs: <Amended by Presidential Decree No. 17241, Jun. 22, 2001
1.If it is inevitable to enlarge the hot spring resource protection district due to the establishment of more hot spring facilities and other reasons;
2.If it is deemed desirable to reduce the hot spring source protection district due to the exhaustion of hot spring, or natural disasters; and
3.If it is inevitable for adjustment due to the remarkable change in the conditions of the hot spring resource protection district.
(3) When the head of Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) intends to apply for the designation or change of a hot spring resource protection district under the provisions of Article 3 (1) of the Act, he shall submit the application to the Mayor/Do governor along with the following materials: <Amended by Presidential Decree No. 17241, Jun. 22, 2001; Presidential Decree No. 18167, Dec. 24, 2003>
1.An outline of the hot spring development plan to be set up according to Article 7 of the Act;
2.Geographical conditions;
3.The reasons for its designation or alteration;
4.A protocol and a map (referring to a cadastral map and a woodland map) of the lands of the area to be designated;
5.A statement of investigation of the hot spring resources within the intended area by an expert institution for hot springs as prescribed in Article 3;
6.A statement of the results of investigation on the economic value and the propriety of areas of the scheduled districts; and
7.Relation with other local development plans.
Article 3 (Qualification Criteria for Expert Institution for Hot Springs)
(1) The term "expert institution for hot springs corresponding to the criteria as prescribed by the Presidential Decree" in Article 3 (3) of the Act (hereinafter referred to as an "expert institution for hot springs") means an agency or organization falling under any of the following subparagraphs: <Amended by Presidential Decree No. 16816, May 25, 2000; Presidential Decree No. 18167, Dec. 24, 2003>
1.An agency or organization established under a special Act, which possesses the technology or capability related to the professional investigation of hot springs;
2.An agency or organization which possesses the technology or capability related to the professional investigation of hot springs from among the central bodies of engineering activities reported under Article 4 (1) of the Engineering Technology Promotion Act; and
3.An agency or organization which is a juridical person established with a permit from the Minister of Government Administration and Home Affairs possessing the technology or capability related to the professional investigation of hot springs.
(2) The contents of an investigation by an expert institution for hot springs provided for in Article 3 (3) of the Act shall surely include the following matters: <Amended by Presidential Decree No. 16102, Feb. 5, 1999; Presidential Decree No. 18167, Dec. 24, 2003>
1.The maintenance of the hot spring resource and any change thereof;
2.Temperature, water quality, and ingredients of the hot spring; and
3.The quantity of the reserved resources of the hot spring and the proper pumping amount per day. In this case, the proper pumping amount per day shall be confirmed through at lease two holes in the case of the proper amount of not less than 1,000 tons, and at least three holes in the case of the proper amount of not more than 1,000 tons.
(3) In case where an expert institution for hot springs inspects the proper pumping amount per day under paragraph (2) 3, it shall verify whether the proper pumping amount per day is in excess of 150 tons at a hot spring hole other than those holes reported under Article 17 (2) of the Act. <Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001; Presidential Decree No. 18167, Dec. 24, 2003
Article 4 (Scope of Hot Spring Hole Preservation Area and Procedures of Designation)
(1) In the case of the designation of the hot spring hole preservation area as provided for in Article 4 (1) of the Act, the scope of the area shall not be more than forty thousand square meters. <Amended by Presidential Decree No. 16816, May 25, 2000
(2) When the Mayor/Do governor designates the hot spring hole preservation area as provided for in Article 4 (1) of the Act, he shall consider the following matters: <Amended by Presidential Decree No. 16102, Feb. 5, 1999>
1.Whether the area is fit for the development of a small-scale hot spring in the light of proper pumping amount and development potential;
2.Deleted; <by Presidential Decree No. 16102, Feb. 5, 1999
3.Use of the land and the area of a site which can be developed;
4.The kind and size of facilities; and
5.The effects on the nearby hot springs and the conditions of the surroundings including the natural environment, etc.
(3) When the head of Si/Gun/Gu applies for the designation of the hot spring hole preservation area as provided for in Article 4 (1) of the Act, he shall submit the application form as well as the following materials to the Mayor/Do governor: <Amended by Presidential Decree No. 18167, Dec. 24, 2003>
1.A development plan for small-scale hot springs;
2.A protocol and a map (referring to a cadastral map and a woodland map) of the land in the districts to be designated;
3.A statement of investigation by an expert institution for hot springs into the hot spring resources in the districts to be designated; and
4.A statement of his opinion about its effects on the nearby hot springs and the conditions of the surroundings including the natural environment, etc.
Article 4-2 (Criteria for Designation of Hot Spring Hole Preservation Area)
The hot spring hole preservation area under Article 4 of the Act shall be designated to the area falling under any of the following subparagraphs, which is not to be designated as the hot spring resource protection district under Article 3 (1) of the Act in view of the scope of hot spring resources. In this case, the land owned by the person, who has made the report on finding a hot spring in the area scheduled for development under Article 17 (2) of the Act, shall be in excess of 50/100:
1.Area which requires a small-scale development of hot spring in view of environmental situations such as the given conditions of urban planning and current conditions of buildings; and
2.Area for which the head of Si/Gun/Gu admits that a small-scale development of hot spring is adequate in view of the use and shape of land, local conditions, existence of the existing hot springs, etc.
[This Article Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001]
Article 5 (Development Plan for Hot Spring)
(1) A development plan for a hot spring as provided for in Article 7 (1) of the Act shall be set up within two years from the date of designation of the hot spring resource protection district. <Amended by Presidential Decree No. 18167, Dec. 24, 2003
(2) The development plan for the hot spring shall include the following matters: <Amended by Presidential Decree No. 16102, Feb. 5, 1999; Presidential Decree No. 17241, Jun. 22, 2001
1.A plan for the gathering of hot spring water;
2.A plan for the uses of land in the hot spring resource protection district;
3.A development plan for an area in which hot-spring facilities are planned to be installed from among the hot spring resource protection districts;
4.A management plan for the hot spring; and
5.A maintenance plan for its surroundings.
(3) The head of Si/Gun/Gu may, where deemed necessary for the efficient supply of hot spring water in devising a plan for hot spring development, include the matters on the formation and operation of responsible water supply networks by hot spring hole to the facilities using hot springs, in consultation with the owners of lands wherein the hot spring holes are located. <Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001
(4) The term "such period as prescribed by the Presidential Decree" in the proviso of Article 7 (1) of the Act means a period falling under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001
1.Where it is verified that the head of Si/Gun/Gu has no intention to devise a plan for hot spring development: One month;
2.Where the head of Si/Gun/Gu has devised and examines a plan for hot spring development: Two months; and
3.Where the head of Si/Gun/Gu fails to devise a plan for hot spring development while he has an intention to do so: The period of not less than two months but not more than six months as determined by the Mayor/Do governor.
(5) The Mayor/Do governor shall, where the head of Si/Gun/Gu fails to devise a plan for hot spring development and to apply for its approval within the period specified in paragraph (1), notify the person having the priority to the utilization of hot spring under the proviso of Article 7 (1) of the Act to devise a plan for hot spring development and to apply for its approval within 10 days from the end of implementation order period under paragraph (4), and where there exists such an application from the person having the priority to the utilization of hot spring, he shall make a decision on whether or not to approve within 60 days from the receipt of an application for approval: Provided, That where an insufficient matter is found in the application for approval submitted by the person having the priority to the utilization of hot spring, he shall ask the said person to supplement it within a specified period, which shall not be included in the period of determining whether or not to approve the plan for hot spring development. <Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001; Presidential Decree No. 18167, Dec. 24, 2003
(6) In case where the person having the priority to the utilization of hot spring devises a plan for hot spring development, and applies for its approval to the Mayor/Do governor under the proviso of Article 7 (1) of the Act, and where verified that the head of Si/Gun/Gu has no intention to directly devise a plan for hot spring development, the Mayor/Do governor shall not inquire the head of Si/Gun/Gu about the opinions as to the plan for hot spring development in the relevant hot spring resource protection district. <Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001
Article 6 (Consulting Committee for Development of Hot Springs)
(1) In order to provide advice requested by the head of Si/Gun/Gu, regarding the establishment and execution of a development of a hot spring, the consulting committee for the development of hot springs shall be organized under the control of the head of Si/Gun/Gu. <Amended by Presidential Decree No. 17241, Jun. 22, 2001
(2) Matters concerning the organization, function, and operation of the consulting committee for the development of hot springs shall be prescribed by the Municipal Ordinance of the local government concerned.
Article 7 (Application for Approval of Excavation)
If any person intends to obtain permission to excavate land under the provisions of Article 8 (1) of the Act, he shall submit an application as well as the following materials to the head of Si/Gun/Gu. In case of the latter part of Article 8 (1) of the Act, he may decide to submit the application without the materials of subparagraphs 1 and 2: <Amended by Presidential Decree No. 17241, Jun. 22, 2001
1.A paper to certify the lawful rights, such as the ownership, lease on a deposit basis, etc., to use the land to be excavated;
2.A cadastral map and a woodland map to show the location of the district to be excavated; and
3.A plan for the excavation and restoration of the land with a design drawing.
Article 8 (Application for Installation of Power-Driven Equipment)
Any person who intends to obtain permission to install power-driven equipment as referred to in Article 11 (1) of the Act shall submit an application for permission as well as a design drawing of the development plan of power-driven equipment to the head of Si/Gun/Gu.
Article 9 (Permission to Develop Underground Water)
Any person may develop underground water with the permission of the head of Si/Gun/Gu as provided in the proviso of Article 12 (1) of the Act when the situation falls under one of the following subparagraphs: <Amended by Presidential Decree No. 17241, Jun. 22, 2001>
1.When it is used for public facilities;
2.When it is used for irrigation;
3.When the person with permission to utilize hot spring water deems it necessary for the convenience of hot spring-users; and
4.When it is necessary for the purpose of public benefits.
Article 10 (Permission to Utilize Hot Spring)
(1) Any person who intends to obtain permission to utilize hot spring as referred to in Article 13 (1) of the Act shall submit an application (including an application in the form of an electronic document) as well as the following documents (including electronic documents) to the head of Si/Gun/Gu: Provided, That when the information as included in the following documents can be confirmed through joint use of administrative information under Article 21 (1) of the Act on Promotion of the Digitalization of Administrative Affairs, etc. for Creation of Digital Government, such confirmation may be substituted for such documents: <Amended by Presidential Decree No. 17241, Jun. 22, 2001; Presidential Decree No. 18312, Mar. 17, 2004>
1.A plan for the utilization of the hot spring;
2.A document on water quality examination or a copy thereof as provided in Article 15 of the Act;
3.A document of the present condition of the hot spring hole (including the results of a pumped water test);
4.A contract for hot spring supply contracts or a copy thereof (limited to the case where the person who applies for permission to use a hot spring does not own hot spring holes); and
5.A copy of the real estate register (limited to the application for permission for public bath).
(2) When permission to utilize a hot spring is to be granted, priority shall be given to the utilization of a hot spring for bathing or drinking for the public within the hot spring resource protection district (including the hot spring hole preservation area; hereafter the same shall apply in this paragraph): Provided, That in case where the hot spring water is left after it has been used for bathing or drinking according to the hot spring development plans, it may be permitted for industry or heating, and its utilization may be permitted for other areas than the hot spring resource protection district. <Amended by Presidential Decree No. 16816, May 25, 2000; Presidential Decree No. 17241, Jun. 22, 2001
(3) The pumping amount of hot spring permissible under the provisions of Article 13 (1) of the Act shall be the amount which a local government concerned determines within the limits of the proper pumping amount recommended by expert institutions for hot springs according to the scale of hot spring facilities. <Amended by Presidential Decree No. 16102, Feb. 5, 1999; Presidential Decree No. 18167, Dec. 24, 2003
(4) The head of Si/Gun/Gu shall, in case where any person falling under any of the following subparagraphs applies for permission for utilization of hot spring under Article 13 (1) of the Act, permit temporarily the utilization of hot spring until he obtains an approval for the hot spring development plans under Article 7 (1) of the Act: <Newly Inserted by Presidential Decree No. 16816, May 25, 2000; Presidential Decree No. 17241, Jun. 22, 2001; Presidential Decree No. 18167, Dec. 24, 2003>
1.Person whose report on the discovery of hot spring is accepted under Article 17 (2) of the Act, and who owns the land where the hot spring hole exists or possesses the lawful rights on the relevant land such as a surface right or a lease on a deposit basis, etc. (including the transferee of the relevant rights); and
2.Person who possesses the existing facilities for utilization of hot spring such as the public bath facilities, the lodging facilities (referring to the facilities for the public bath business and the lodging business under Article 2 of the Public Health Control Act and the facilities as provided in subparagraphs of Article 2 (1) of the Enforcement Decree of the said Act), etc. in the hot spring resource protection district, or the area designated as the hot spring hole preservation area, or the scheduled area for such designation.
(5) When permission to utilize a hot spring is to be granted under the provision of paragraph (4), it shall be governed by the following criteria: <Newly Inserted by Presidential Decree No. 16816, May 25, 2000; Presidential Decree No. 17241, Jun. 22, 2001
1.After the acceptance of report on discovery of hot spring, but prior to the designation as the hot spring resource protection district: 50/100 of the proper daily water pumping volume; and
2.After the designation as the hot spring resource protection district, but prior to the approval for formulation of development plans: not less than 60/100 but not more than 70/100 of the proper daily water pumping volume.
Article 10-2 (Prohibition of False or Exaggerated Indication and Advertising Acts concerning Hot Springs)
(1) The term "false and exaggerated indication and advertising acts concerning hot springs as prescribed by the Presidential Decree" in Article 13 (3) of the Act means the indication and advertisement different from the facts or the indication and advertisement over-exaggerating the facts concerning hot springs.
(2) The indication and advertisement under paragraph (1) shall be subject to subparagraphs 1 and 2 of Article 2 of the Act on Fair Indication and Advertisement.
[This Article Newly Inserted by Presidential Decree No. 17241, Jun. 22, 2001]