skip to main contents skip to main menu

National Assembly Legislation

  • Home
  • Legislative Information
  • National Assembly Legislation
  • Act on Special Measures for the Designation and Management of Areas of Restricted Development
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2021-09-02
    • Opinion Submission Deadline : 2021-09-16
Reasons for Proposal

1. Reason for proposal

The development-restricted area damage-restoration system was adopted in 2009 to let development business operators who get a fairly large development profit due to the release of development-restricted areas restore “damaged land” adjacent to a certain area of released land in connection with the development and to get environment-friendly green space and urban rest space by paying the conservation charge only when adequate damaged land is unavailable.

  As such system is limited to the land where buildings or structures are installed when land with dense facilities or many dispersed facilities is selected as damaged land, however, there are cases wherein the land damaged with stacked materials or land with concerns of sprawling development does not satisfy the condition, so it cannot be selected as the subject land.

  Moreover, as the range of “the area of the land to be released,” which is the standard for calculation of damaged land restoration area, is excessively measured with the inclusion of the area that is not used for the development project—such as rivers and roads—differently from the conservation charge calculation standard, and as the conservation charge to be paid is relatively smaller than the restoration project budget, development business operators prefer paying the conservation charge; thus undermining the original purpose of payment of conservation charge.

  Therefore, the aim is to expand the subjects of damaged restoration to green zone land including the land requiring restoration, such as housing land, factory land, warehouse land, etc., and where buildings or structures may be installed, to make the damage restoration area calculation standard consistent with the conservation charge, and to make the amount of conservation charge realistic in order to activate the restoration of damaged land when releasing development-restricted areas.

 

2. Main content

A. The area to be maintained without being used for the development project in the entire released area is excluded from the standard area for calculation of the range of development-restricted area like the calculation standard for development-restricted area conservation charge (Article 4(4) of the draft).

B. The green zone land including the land requiring restoration, such as housing land, factory land, warehouse land, etc., and where buildings or structures may be installed and other lands designated by the Presidential Decree to restore development-restricted areas or to maintain their functions are added to the subjects of damage restoration (Establishment of Articles 4(4)1-2 and 4(4)3 of the draft).

C. The subjects of damage restoration project are expanded from the corresponding si/gun/gu and adjacent si/gun/gu to the entire metropolitan planning territory where the release areas are included (Article 4(6) of the draft).

D. The conservation charge calculation standard is made realistic for the balance between the case of payment of conservation charge and case of direct execution of a restoration project. (Article 24(1) of the draft).


Major Provisions

 Article 20 of the draft


Go to the Bill