Enforcement Decree of the Natural Parks Act
ENFORCEMENT DECREE OF THE NATURAL PARKS ACT
Presidential Decree No. / 9993, / Aug. / 18, / 1980Amended by Presidential Decree No. / 12205, / Jul. / 1, / 1987
Presidential Decree No. / 12781, / Aug. / 18, / 1989
Presidential Decree No. / 12799, / Sep. / 5, / 1989
Presidential Decree No. / 12895, / Jan. / 3, / 1990
Presidential Decree No. / 12899, / Jan. / 3, / 1990
Presidential Decree No. / 12936, / Mar. / 2, / 1990
Presidential Decree No. / 13184, / Dec. / 18, / 1990
Presidential Decree No. / 13869, / Mar. / 6, / 1993
Presidential Decree No. / 14222, / Apr. / 30, / 1994
Presidential Decree No. / 14438, / Dec. / 23, / 1994
Presidential Decree No. / 14447, / Dec. / 23, / 1994
Presidential Decree No. / 14450, / Dec. / 23, / 1994
Presidential Decree No. / 14920, / Feb. / 22, / 1996
Presidential Decree No. / 15106, / Jul. / 1, / 1996
Presidential Decree No. / 15598, / Dec. / 31, / 1997
Presidential Decree No. / 15703, / Feb. / 28, / 1998
Presidential Decree No. / 15715, / Feb. / 28, / 1998
Presidential Decree No. / 15734, / Feb. / 28, / 1998
Presidential Decree No. / 16057, / Dec. / 31, / 1998
Presidential Decree No. / 16163, / Mar. / 3, / 1999
Presidential Decree No. / 16326, / May. / 24, / 1999
Article 1 (Purpose)
The purpose of this Decree is to provide necessary matters for the enforcement of the Natural Parks Act
Natural Parks Act
(hereinafter referred to as the “Act”).
Article 2 (Park Facilities)
The park facilities as referred to in the provisions of subparagraph 7 of Article 2 of the Act
Natural Parks Act
, mean the following facilities which are installed in a park zone or a park protection zone: <Amended by Presidential Decree No. 12205, Jul. 1, 1987; Presidential Decree No. 15106, Jul. 1, 1996>
1. / Facilities necessary for human and material transportation by an automobile, vessel, helicopter, etc., using roads (including inquiry roads), bridges, railroads and cableways;
2. / Souvenir stores, stores selling things for inquiry, stores selling things of daily necessity, pharmacies, food-and-entertainment-business facilities, and cooking-and-sales-business facilities, public-bath facilities, barbershops and beauty parlors, and such commercial facilities as recreational halls and indoor performance places, etc.;
3. / Such boarding or lodging facilities as hotels, inns, youth hostels, mountain retreats, etc.;
4. / Such public facilities as park maintenance offices, ticketing offices, post offices and police boxes, etc., and such business and medical facilities as banks, hospitals, etc.;
5. / Such gymnastic facilities as swimming pools, race courses, etc. (excluding golf courses and ski slopes), cruising courses, children’s playgrounds, plazas, camping grounds, juniors’ and teenagers’ training facilities, rest areas, observatories, shelters, reservoirs, fishing grounds, water supply and drainage facilities, sanitation facilities, such recreational and convenience facilities as public lavatories, etc.;
6. / Such cultural facilities as botanical gardens, zoos, aquariums, museums, exhibition halls, outdoor performance places, natural learning places, etc.;
7. / Protection facilities for the protection of park resources, landscape-design facilities for the creation of proper park environment and safety facilities for ensuring the safety of visitors, such as the protection embankment, shore protection, fire prevention facilities, palisades, afforestation facilities and landscape-design facilities, etc.; and
8. / Incidental facilities of those as referred to in the provisions of subparagraphs 1 through 7.
Article 2-2 Deleted. <by Presidential Decree No. 16163, Mar. 3, 1999>
Article 3 (Consultation and Adjudication on Designation of Do’s Parks and Kun’s Parks)
(1) In a case where a zone, which is intended to be designated as a Do’s park or a Kun’s park under the provisions of Articles 5 and 6 of the Act
Natural Parks Act
, extends over the sphere of jurisdiction of another Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as the “ Do”), or of a Si/Gun (hereinafter referred to as the “ Gun”), the consultation with the said Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Do governor”), or with the head of the said Si/Gun (hereinafter referred to as the “head of Gun”), shall precede the deliberation of the Council of Comprehensive Plans for Do Construction Undertakings and the Gun Park Commission. <Amended by Presidential Decree No. 12205, Jul. 1, 1987; Presidential Decree No. 15106, Jul. 1, 1996>
(2) In a case where the consultation as referred to in the provisions of paragraph (1) has failed to lead to an agreement, an application for an adjudication may be made, in case of a Do’s park, to the Minister of Environment, and in case of a Kun’s park, to the Do governor. <Amended by Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 15715, Feb. 28, 1998>
(3) In a case where the adjudication, as referred to in the provisions of paragraph (2), has been passed out, it shall be regarded as the same thing as an agreement reached through the consultation as referred to in the provisions of paragraph (1).
Article 4 (Criteria for Designation)
The criteria for the designation of a park, as prescribed in the provisions of Article 8 of the Act
Natural Parks Act
, shall be as shown on the following table.
[This Article Wholly Amended by Presidential Decree No. 12205, Jul. 1, 1987]
Article 5 (Repeal, etc. of Parks)
The term, “a case where it is absolutely necessary for such military purposes or public interest as prescribed by the Presidential Decree, or where natural disasters or other causes have rendered the park in question impossible to be used as a park any more” in the provisions of Article 9 (1) 1 of the Act
Natural Parks Act
, means one of the following cases: <Amended by Presidential Decree No. 12205, Jul. 1, 1987; Presidential Decree No. 14920, Feb. 22, 1996; Presidential Decree No. 15106, Jul. 1, 1996>
1. / In a case where the Minister of National Defense finds it absolutely necessary for military operations, for the establishment of military facilities or for the protection of military secrets;
2. / In a case where it is acknowledged to be absolutely necessary for the sake of such a project as is to be executed in accordance with Acts and has something to do with rivers, reclamation, clearing, harbors (including fishing ports), generation of electricity, railroad, communication, broadcasting, meteorological observation, irrigation water or aviation;
3. / In a case where it is acknowledged to be absolutely necessary in order to provide a proper location for a government building, elementary school, middle school, important research institute, laboratory or cultural facilities to be established by the State or a local government;
4. / In a case where it is acknowledged to be absolutely necessary in order to construct factories of such basic industries of the State, as oil refining, iron manufacture, fertilizer manufacture, complex machinery manufacture, etc.;
5. / In a case where it is acknowledged to be absolutely necessary for the development of such resources as have a vital effect on the national economy;
6. / In a case where it is acknowledged to be absolutely necessary in order to modify or execute a nationwide plan, as referred to in the provisions of Article 15 of the Act
Natural Parks Act
on Comprehensive Plans for Construction in the National Territory, or a specific regional plan, as referred to in the provisions of Article 16 of the same Act;
7. / In a case where it is extremely hard to recover as a park because of an earthquake, flood, landslide, forest fire, or other natural disasters corresponding to the said ones; and
8. / In a case where it has come to be unnecessary to retain a park as a park since a collective village has been formed, or such facilities as a crematory, a shooting range, etc., which are unusable as a park, have been installed on the boundary, or in the adjacent area, of the park zone in question.
Article 6 (Slight Changes of Park Zones)
The insignificant matters which may be executed through the deliberation of the Parks Commission concerned under the provisions of proviso of Article 9 (3) of the Act
Natural Parks Act
, shall refer to the change of incorporating part of a park protection zone into a park zone. <Amended by Presidential Decree No. 15106, Jul. 1, 1996>
Article 7 (Written Demand for Park Planning)
The following subject matters concerning the park planning shall be included in the written demand for the park planning as referred to in the provisions of Article 10 (3) of the Act
Natural Parks Act
, and in a case where it is possible to indicate the park planning in a drawing, the drawing shall be submitted together with the park plan. In this case, the drawing shall be made on a topographical map of the scale reduced not less than 1 to 50,000: <Amended by Presidential Decree No. 15106, Jul. 1, 1996>
1. / The types;
2. / The purpose and reasons;
3. / The contents and scale;
4. / The amount of the project expenses;
5. / The period of execution;
6. / Anticipated results;
7. / The scheme of the restoration into the original state or of the landscape design; and
8. / The pre-estimate concerning the effect on the natural ecosystem, the measure(s) for the protection of important wild animals and plants, and the measure(s) for the prevention of environmental pollution.
Article 8 (Slight Changes of Park Planning)
The term, “alteration of such a minor matter as prescribed by the Presidential Decree” in the proviso of Article 13 (1) of the Act
Natural Parks Act
, means any of the following cases: <Amended by Presidential Decree No. 12205, Jul. 1, 1987; Apr. 30, 1994; Jul. 1, 1996; Presidential Decree No. 16057, Dec. 31, 1998>
1. / In case of adjusting the sizes of the specific use districts, subdivided pursuant to the provisions of Article 16 (3) of the Act
Natural Parks Act
, within a collective facilities district;
2. / In case of changing the location of the park facilities, to be installed in a district other than a collective facilities district, into a collective facilities district;
3. / In case of changing a collective facilities district into a nature preservation district, a natural environment district or a village district, and in case of changing a village district into a nature preservation district or a natural environment district;
4. / In a case where the park management authority establishes facilities, of a floor space not exceeding 1,000㎡, from among the facilities and incidental facilities as prescribed in the provisions of subparagraph 4, 5 or 7 of Article 2; and
5. / In case of adjusting, in the direction of reduction, the park facilities program already determined and given a public notice of, or in case of changing the lot size, for the park facilities, as prescribed in the said program, within the scope of ten hundredths.
Article 8-2 (Criteria for Appropriateness Review of Park Planning)
(1) In reviewing the park planning to see whether it is appropriate or not under the provisions of Article 13 (2) of the Act
Natural Parks Act
, appropriateness of the park planning shall be evaluated in terms of the fluctuation of the inquiring and visiting propensity of park users, future demand for parks, the park management program, etc.
(2) In reviewing the appropriateness of a park zone in accordance with the provisions of Article 13 (2) of the Act
Natural Parks Act
, the criteria for the designation as referred to in the provisions of Article 4 and the matters of the following specifications shall be taken into consideration:
1. / Such regional peculiarities, of the park zone in question, as the progress of making streets or the state of environmental preservation, etc., within the boundary area of the park concerned;
2. / The preservation value of the natural and cultural resources, and the topographical condition, of the park zone in question;
3. / The location, size, convenience for utilization, of the park zone in question, and the current situation of the land ownership, such as the proportion between the State-owned or public land and the privately-owned land, etc., of the park zone in question;
4. / Protection of the area surrounding the park concerned;
5. / Clearness of the boundary line of the park concerned with such topographical conditions as roads, rivers, etc., taken into consideration;
6. / The preservation value of the natural landscape or ecosystem of the area around the park in question, and the necessity of protecting important wild animals and plants thereof;
7. / Maintaining the safety and continuousness of the park management; and
8. / The effect of the adjustment of the park zone on the pertinent park at large.
[This Article Newly Inserted by Presidential Decree No. 18106, Jul. 1, 1996]
Article 8-3 (Evaluation of Effects on Natural Environment)
(1) In deciding or changing the park planning, the park management authority shall evaluate the following subject matters in accordance with the provisions of Article 15 (2) of the Act
Natural Parks Act
: Provided, That this provisions shall not apply in case alterations are sought on such minor matters as prescribed by the Ordinance of the Ministry of Environment: <Amended by Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 15715, Feb. 28, 1998>
1. / Investigation of the current environmental conditions;
2. / Analysis of the changes in the natural ecosystem;
3. / Analysis of the changes in the quality of air and water;
4. / Analysis of the wastes discharging situation; and
5. / The plan for decreasing baneful effects on the environment.
(2) Deleted. <by residential Decree No. 15715, Feb. 28, 1998>
[This Article Newly Inserted by Presidential Decree No. 12205, Jul. 1, 1987]
Article 9 (Subdivision of Collective Facilities District)
(1) When subdividing the collective facilities district in accordance with the provisions of Article 16 (3) of the Act
Natural Parks Act
, the following standards shall be observed: <Amended by Presidential Decree No. 14222, Apr. 30, 1994>
1. / Commercial facilities area: the area in need of the facilities as referred to in the provisions of subparagraph 2 of Article 2 and their incidental facilities;
2. / Accommodation facilities area: the area in need of the facilities as referred to in the provisions of subparagraph 3 of Article 2, and in need of birthplaces and their incidental facilities;
3. / Public facilities area: the area in need of the facilities as referred to in the provisions of subparagraph 4 of Article 2 and their incidental facilities;
4. / Green-belt area: the area in need of such public facilities as small-scale public lavatories and information bureaus, etc., for the purpose of the landscape design, and the protection and management, of the park in question;
5. / Other facilities area: the area in need of facilities other than those as referred to in the provisions of paragraph (1) through (4); and
6. / Reserved land: the spare land set aside in anticipation of various needs coming from the future increase of park visitors.
(2) In one of the following cases, the commercial facilities area, as provided in paragraph (1) 1, may include the area in need of facilities, as referred to in the provisions of subparagraph 3 of Article 2, and their incidental facilities, and the accommodation facilities area, as provided in paragraph (1) 2, may include the area in need of facilities, as referred to in the provisions of subparagraph 2 of Article 2, and their incidental facilities: <Newly Inserted by Presidential Decree No. 14222, Apr. 30, 1994>
1. / The area designated as a hot spring district under the provisions of Article 3 of the Hot Spring Act
Hot Spring Act
; and
2. / The Do’s parks and Kun’s parks deemed particularly necessary in consideration of their geographical conditions and the convenience of their visitors, etc.
[This Article Wholly Amended by Presidential Decree No. 12205, Jul. 1, 1987]
Article 10 (Vicarious Fulfillment of Duties concerning Protection, etc. of National Parks)
In case the Minister of Environment intends to have the National Parks Management Corporation or the Do governor vicariously fulfill part of his duties relating to the protection of the national parks and to the maintenance and management of the park facilities under Article 17 (2) of the Act
Natural Parks Act
, he shall give public notice of the following matters. In this case, the Minister of Environment shall consult with the Minister of Planning and Budget, prior to the said public notice: <Amended by Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15715, Feb. 28, 1998; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 16326, May 24, 1999>
1. / The titles of the national parks concerned; and the spheres of the park zone and park protection zone concerned; and
2. / The contents and scope of the duties to be fulfilled vicariously.
[This Article Wholly Amended by Presidential Decree No. 12205, Jul. 1, 1987]
Article 11 (Composition of National Parks Commission)
(1) The National Parks Commission as referred to in the provisions of Article 19 of the Act
Natural Parks Act
(hereinafter referred to as the “Commission”), shall consist of not more than 20 members, including a chairman and a vice-chairman and some special members.
(2) The position of the chairman shall be filled by the Vice-Minister of Environment, and that of the vice-chairman, by the person elected by mutual votes from among the members of the Commission. <Amended by Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 15715, Feb. 28, 1998>
(3) The persons of the following specifications shall be the members of the Commission: <Amended by Presidential Decree No. 12205, Jul. 1, 1987; Presidential Decree No. 12895, No. 12899, Jul. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 15106, Jul. 1, 1996; Presidential Decree No. 15715, Feb. 28, 1998; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 16326, May 24, 1999>
1. / The person who is appointed by the head of the competent government agency, from among the public officials of the second grade or higher of the Ministry of Finance and Economy, the Ministry of Government Administration and Home Affairs, the Ministry of National Defense, the Ministry of Culture and Tourism, the Ministry of Agriculture, the Ministry of Environment, the Ministry of Construction and Transportation, the Ministry of Maritime Affairs and Fisheries, the Forestry Administration, and the Ministry of Planning and Budget;
2. / The president of the National Parks Management Corporation;
3. / The head of the general affairs bureau of the Chogye Sect of Korean Buddhism; and
4. / The person who is commissioned by the Minister of Environment, from among the persons of rich knowledge and experience in park affairs.
(4) The persons of the following specifications shall be the special members of the Commission: <Amended by Presidential Decree No. 15106, Jul. 1, 1987; Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 15106, Jul. 1, 1996; Presidential Decree No. 15715, Feb. 28, 1998>
1. / Administrative vice-mayor or administrative vice-governor of the Do having control over the park zone concerned (hereinafter, referring to the first administrative vice-mayor in the case of the Special Metropolitan City); and
2. / The person who has contributed not less than one thousandth of the land of the park zone concerned, and at the same time, has been commissioned by the Minister of Environment.
(5) The special members shall be the members of the Commission only when deliberating upon matters concerning the park in question.
(6) The term of office of the members as referred to in the provisions of paragraph (3) 4 and of the special members as referred to in the provisions of paragraph (4) 2, shall be two years. <Amended by Presidential Decree No. 12205, Jul. 1, 1987>
(7) The chairman shall exercise overall control over the official matters of the Commission, and preside at the meetings of the Commission.
(8) The vice-chairman shall assist the chairman, and in a case where the chairman is absent by any accident, the former shall act for the latter.
(9) The Commission shall have one executive secretary whose responsibility is to take care of the general affairs of the Commission, and the said executive secretary shall be appointed by the Minister of Environment, from among the public officials of the fourth grade, belonging to the Ministry of Environment. <Amended by Presidential Decree No. 14222, Apr. 30, 1994; Presidential Decree No. 15715, Feb. 28, 1998>