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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON URBAN PARKS

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON URBAN PARKS

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters delegated by the Act on Urban Parks, Greenbelts, etc., the Enforcement Decree of the same Act and the Enforcement Rule of the same Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4722, Jan. 8, 2009; Ordinance No. 5107, Jul. 28, 2011; Ordinance No. 6016, Oct. 8, 2015>
1. The term "park management agency" means the Seoul Metropolitan Government Mayor or the head of an autonomous Gu who manages an urban park pursuant to Article 19 (1) and (2) of the Act on Urban Parks, Green Areas,Etc.;
2. The term "user fee" means a fee collected from a person who uses park facilities;
3. The term "rental fee" means the amount calculated in the current price as the concept of a rent where a park management agency entrusts a person who is not a park management agency with the management of park facilities;
4. The term "park" means an urban park referred to in subparagraph 3 of Article 2 of the Act on Urban Parks, Green Areas, Etc.;
5. The term "greenbelt" means a greenbelt referred to in subparagraph 5 of Article 2 of the Act on Urban Parks, Green Areas, Etc.;
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 3 (Types of Urban Parks) Among the urban parks referred to in Article 15 (1) 3 (g) of the Act on Urban Parks, Green Areas, Etc. (hereinafter referred to as the "Act"), theme parks prescribed by Ordinance shall be as follows: <Amended by Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 6626, Sep. 21, 2017>
1. An ecological park: A park established to promote biodiversity and to be used by the public for rest and ecological learning by creating life inhabiting space;
2. An amusement park: A park for the purpose of improvement in leisure and emotional life of citizens by building various recreational and amusement facilities;
3. A street park: A park established in the vicinity of the roadside or a residential area for the purpose of providing a space for rest to the public and improving the scenery.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 4 (Minor Changes in Park Development Plan) Matters prescribed by Ordinance referred to in subparagraph 4 of Article 13 of the Enforcement Decree of the Act on Urban Parks, Green Areas, Etc. (hereinafter referred to as the "Decree") shall be as follows:
1. Building and removal of amusement facilities in a private capital induced park for which a permit has been granted;
2. A decrease in the floor space of a building for which a permit has been granted or an increase therein by not more than 1/20: Provided, That it shall be allowed only once for a building reflected in an initial park development plan;
3. A change in a park development plan for children's park or minipark: Provided, That in such cases, the change shall be published in the official gazette of Seoul Metropolitan Government.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 5 (Establishment of Park and Park Facilities) (1) Parks and park facilities shall be managed open so that all citizens may use them conveniently: Provided, That special opening hours may be set for a park with a fence or a park for which a park management agency deems special opening hours are necessary to protect facilities of a park such as user-paid facilities.
(2) A park and park facilities pursuant to Articles 19 and 21 of the Act shall be developed in the park unit determined by urban management planning: Provided, That in cases of a large-scale park, where the Seoul Metropolitan Government Mayor (hereinafter referred to as the "Mayor") deems it necessary for public interest, he/she may build park facilities in part of the park area determined by urban management planning.
(3) Where the Mayor intends to build park facilities according to the proviso to paragraph (2), the project implementation area shall not be less than 10,000 square meters: Provided, That this shall not apply to cases where a park management agency builds park facilities directly.
(4) History-related facilities prescribed by municipal ordinance among the park facilities that can be installed at a historical park under Article 9 (1) 6 of the Enforcement Rule of the Act on Urban Parks, Green Areas, Etc. shall be as follows: <Newly Inserted by Ordinance No. 5468, Mar. 28, 2013>
1. Existing facilities with historicity, such as a Hanggyo or Seowon;
2. Facilities required for the preservation and management of history, such as an interpretive center or a memorial hall;
3. Facilities necessary for the succession, development and experience of history and cultural heritage and for the educational activities related thereto, such as a traditional culture experience center;
4. Korean traditional temples under Article 4 of the Korean Traditional Temples Preservation and Support Act, which are located in a historic park.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 6 (Entrustment of Management of Park and Park Facilities) (1) Among those who build and manage park facilities with designation of a performer of urban planning infrastructure project and approval of an implementation plan of a park management agency pursuant to Article 20 of the Act or those entrusted with management of park facilities by a park management agency pursuant to Article 21 (1) of the Act, a person who builds and manages a park or park facilities with private capital may entrust a third party with management of part of the relevant park facilities after reporting this to the competent park management agency.
(2) Where a park management agency entrusts the management of park facilities, as a rule, it shall select a trustee by means of general bidding: Provided, That in cases of sports facilities, convenience facilities or amusement facilities, it may select a trustee by means of limited bedding in consideration of their distinct characteristics.
(3) Deleted. <by Ordinance No. 6074, Jan. 7, 2016>
(4) Notwithstanding paragraph (2), where a case falls under Article 25 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, a park management agency may select a trustee by private contract. <Amended by Ordinance No. 5004, Jul. 15, 2010; Ordinance No. 5856, Apr. 2, 2015>
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 7 (Period of Management in Trust) (1) A period of management in entrustment of a park and park facilities shall be less than three years: Provided, That this shall not apply to cases where a period of free use following the donation is calculated.
(2) Where a person entrusted with management of a park or park facilities pursuant to Article 6 (4) intends to renew an entrustment contract by private contract because the period of entrustment expires, he/she shall file an application with a park management agency 30 days before the expiration of the relevant period of entrustment. <Amended by Ordinance No. 5004, Jul. 15, 2010>
(3) When a park management agency receives an application for entrustment contract by means of a private contract pursuant to paragraph (2), it may extend the period of contract within the extent of three years only once where it does not deem that the contract causes inconvenience in the management and operation of the relevant park facilities, etc. <Amended by Ordinance No. 5856, Apr. 2, 2015>

Article 8 (Revitalization of Leisure and Cultural Activities of Citizens) (1) A park management agency may operate diverse park utilization programs optimizing the seasonal characteristics of parks in order to revitalize leisure and cultural activities of citizens. <Amended by Ordinance No. 6074, Jan. 7, 2016>
(2) When a park management agency runs park utilization programs referred to in paragraph (1), it may charge entry fees within the scope of attached Table2.
(3) Where a park management agency runs park utilization programs referred to in paragraph (1), it may run the whole or part of the programs in trust, and where it runs programs in trust, it may subsidize program operating expenses within budget limits.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 9 (Parks Subject to Permission to Occupy and Use) Parks for which a park management agency may issue a permit to occupy and use pursuant to Article 24 of the Act shall be as follows:
1. A park development of which is completed by an urban planning project or by other Acts (where part of the development is completed, referring to the completed part);
2. A park not included in a first phase implementation plan pursuant to Article 85 of the National Land Planning and Utilization Act;
3. A park for which an implementation plan by phase shall be formulated pursuant to Article 85 of the National Land Planning and Utilization Act and for which two years have passed from the date of announcement of determination of urban management planning without formulation of the plan as of the date of application for a permit to occupy and use;
4. A park which does not fall under paragraph (1) 1 through 3 and for which there exists no plan to build park facilities in a park development plan pursuant to Article 16 of the Act and a park management agency deems that there is no issue in the creation and management of the park;
5. Other urban planning infrastructure built pursuant to Article 3 of the Rules on Decision, Structure and Building Standards of Urban Planning Infrastructure.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 10 (Detailed Criteria for Permission to Occupy and Use Park) (1) Criteria for permission to occupy and use a park under Article 24 (2) of the Act shall be as follows: <Amended by Ordinance No. 5107, Jul.28, 2011>
1. An off-street parking lot under subparagraph 3 of Article 22 of the Decree shall be built with rainwater permeable eco-friendly facilities, such as crushed stones on the ground and grass blocks, etc., and the part built shall be restored to the original state by a person permitted to occupy and use immediately after the expiration of the period of occupation and use;
2. A temporary building for management pursuant to subparagraph 8 of Article 22 of the Decree shall be limited to a place of work for agriculture, forestry, fisheries or mining and to the purpose of drying the products in the park;
3. Building standards for a temporary building pursuant to subparagraph 9 of Article 22 shall be as follows:
(a) "Storage facilities" means a building which does not fall under dangerous article storage and disposal facilities or the secondary use thereof and is limited to the purpose of warehouse, cold or refrigerating storage and loading dock;
(b) The gross area of a temporary building which may be built on a lot in the lot unit according to the Cadastral Act shall be less than 200 square meters;
(c) Where a lot is divided into not less than two lots after land is decided as a park, it shall be deemed one lot regardless of the number of lots after the division;
4. Where not less than two park management agencies manage a park when a temporary building pursuant to subparagraph 10 of Article 22 of the Decree is built, the gross area shall be less than 200 square meters per park management agency;
5. In cases of rebuilding, reconstruction, enlargement or major repair of an existing building or existing structure pursuant to subparagraph 14 of Article 22 of the Decree, the following shall apply:
(a) It shall be limited to a building already built under a permit according to the relevant Acts and subordinate statutes, such as the Building Act, etc., before the relevant park is determined or on which a certificate of inspection of the completion has been issued according to the Special Measures for Readjustment of Specific Buildings Act, and which is a compliant building registered in the building register and a building annexed thereto, and a structure built according to other Acts and subordinate statutes;
(b) Expansion of a building shall be of a building referred to in item (a) and shall be in accordance with the Building Act, and the scale of expansion shall be less than the gross area of the building registered in the building register;
(c) It shall exclude cases where an existing single building is divided into not less than two buildings or cases where not less than two existing buildings are annexed: Provided, That for division or annexation not accompanied by a new site development in the same site, even though a building is divided or annexed, cases where a building is used for the purpose before the division or annexation shall be excluded;
(d) It shall be limited to cases where an access road, water supply system, sewerage and other incidental facilities are not required owing to permission to occupy and use, such as a building which requires the development of a new site or a house isolated from any neighboring village, etc.;
6. A storage yard for construction equipment and materials pursuant to subparagraph 15 of Article 22 of the Decree shall occupy the least area necessary for construction.
(2) A permit to occupy and use referred to in paragraph (1) shall meet the following requirements: <Amended by Ordinance No. 4722, Jan. 8, 2009>
1. Where independent facilities are built underground, and a part of entrance, ventilation opening, or other incidental facilities required to be built is protruded on the ground, its size shall be minimized and landscaping shall be done, such as covering with earth, planting of trees, etc., and it shall match the surrounding scenery;
2. The facilities shall not cause environmental pollution, such as excessive discharge of sewage, waste water and exhaust gas;
3. Deleted. <by Ordinance No. 4722, Jan. 8, 2009>
4. In cases of a temporary building, it shall be limited to cases where construction of a new access road is not required owing to permission to occupy and use;
5. It shall not violate the related Acts and subordinate statutes, such as the Building Act, etc.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 11 (Green Areas Subject to Permission to Occupy and Use) (1) Green Areas for which a permit to occupy and use may be issued pursuant to Article 38 of the Act shall be as follows: <Amended by Ordinance No. 4722, Jan. 8, 2009>
1. A greenbelt the creation of which is completed (where part of the creation is completed, referring to the part completed) according to an urban planning project or other Acts;
2. A greenbelt not included in the first phase implementation plan pursuant to Article 85 of the National Land Planning and Utilization Act;
3. A greenbelt for which an implementation plan by phase shall be formulated pursuant to Article 85 of the National Land Planning and Utilization Act and for which two years have passed from the date of public notice for determination of urban management planning without formulation of the plan as of the date of application for a permit to occupy and use;
4. Notwithstanding subparagraphs 1 through 3, a permit to occupy and use may be issued for building another urban planning infrastructure determined overlapping with a greenbelt pursuant to Article 3 of the Rules on Decision, Structure and Building Standards of Urban Planning Infrastructure.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 12 (Detailed Criteria for Permission to Occupy and Use Greenbelts) Criteria for permission to occupy and use land in green areas under Article 38 of the Act shall be as follows: <Amended by Ordinance No. 5004, Jul. 15, 2010; Ordinance No. 6016, Oct. 8, 2015>
1. The requirements referred to in Article 10 (1) 1 through 3, 5 and 6 shall be met;
2. An access road crossing a green area pursuant to subparagraph 3 of Article 43 of the Decree:
(a) Where a person intends to occupy and use a green area to use as a road, a green area management agency shall not permit such occupation and use: Provided, That this shall not apply to cases falling under item (b);
(b) Where the inside road has already been determined by urban planning, it shall be limited to a period until the road is opened;
(c) In principle, an access road shall not exceed eight meters in width in principle, however, where a wider road is required, a greenbelt management agency shall give permission to occupy and use it as a road (referring to a road under the National Land Planning and Utilization Act and the Private Road Act) pursuant to subparagraph 3 of Article 22 of the Decree;
(d) The shortest distance between access roads crossing a green area on the roadside shall be at least 250 meters: Provided, That this shall not apply to cases where it is necessary to separate an entrance and exit because it is unavoidable under local circumstances or required for smooth traffic flow;
(e) A greenbelt management agency shall not permit an access road in a greenbelt on the side of a motorcar road or detour: Provided, That this shall not apply to cases where its necessity is recognized because opening of an access road does not hinder the function of a greenbelt and remarkably decreases surrounding traffic congestion, and a greenbelt management agency has consulted about the access road with a road management agency;
(f) Where it is inevitable to permanently use a road built according to the proviso to item (e), a greenbelt management agency shall permit to occupy and use as a road pursuant to subparagraph 3 of Article 22 of the Decree;
(g) Where a green area management agency intends to give permission to occupy and use a greenbelt on the side of the railroad, it shall consult with the manager of a railroad protection zone pursuant to Article 63 of the Enforcement Decree of the Railroad Safety Act;
(h) In cases of a greenbelt on the side of an industrial complex, a green area management agency shall permit to build an urban planning road according to a street network in the industrial complex and shall not permit an access road by individual factory;
(i) Where land the land category of which according to the Cadastral Act is a site becomes land with no sides abutting on the public way owing to determination of a green area, a green area management agency shall give permission to occupy and use after planning the inside road in consideration of local conditions of the land or give permission to occupy and use as a road pursuant to subparagraph 3 of Article 22 of the Decree.
3. In case of a storage yard of construction equipment and materials pursuant to subparagraphs 5 and 6 of Article 43 of the Decree, where a green area management agency implements green area creation construction work and construction of facilities which cause placement of the relevant green area (a road, railroad, etc.), and it is inevitable to build a temporary building for construction in a green area not yet created, it shall manage the same as a temporary building pursuant to Article 15 (5) 3 of the Enforcement Decree of the Building Act.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 13 (Period of Permission to Occupy and Use) (1) Where a park management agency or green area management agency issue a permit to occupy and use a park or green area, a period of permission to occupy and use shall be determined in consideration of occupying and using facilities, an implementation period of a park and green area creation project, etc., and where no period of permission to occupy and use is prescribed, it shall not exceed three years.
(2) A period for existence of a temporary building in the short-term or temporary structure in the short-term built for a sports event, assembly, exhibition, exposition, performance referred to in subparagraph 10 of attached Table 1 to Article 23 of the Decree shall be as follows:
1. Not more than two months in cases of a sports event or assembly;
2. Not more than one year in cases of an exhibition, exposition or performance.
(3) Where a person who has obtained a permit to occupy and use a park or green area intends to obtain an extension of the period of occupation and use after the relevant period of occupation and use expires, he/she shall apply for the extension thereof to a park management agency or green area management agency at least 30 days prior to the expiration of the period. In such cases, a park management agency or green area management agency may extend the period within the extent that the extension of the period of occupation and use does not hinder the management and operation of the relevant park or green area facilities. <Amended by Ordinance No. 5004, Jul. 15, 2010; Ordinance No. 6521, May 18, 2017>
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 14 (Management of Objects Occupied and Used) (1) Where a park management agency or green area management agency issues a permit to occupy and use a park or green area, it shall ascertain whether the details of such permit is properly implemented and, if necessary, may request a person permitted to occupy and use to make a boundary survey.
(2) Where a park management agency or green area management agency issues a permit to occupy and use a park or green area, it shall prepare and manage the management book of permits to occupy and use in which the purpose of occupation and use, a period of a permit to occupy and use, the area and objects occupied and used, etc, are mentioned.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 15 (Park Admission Fees and User Fees) (1) An admission fee to a park and a user fee for the use of a park and facilities falling under Article 46 of the Decree shall be respectively prescribed by municipal rules within the limits of Annex 1 and 2, in consideration of cost accounting, the rate of inflation, etc. <Amended by Ordinance No. 5004, Jul. 15, 2010; Ordinance No. 5107, Jul. 28, 2011>
(2) Where a trustee intends to receive a user fee for the use of park facilities, he/she shall report thereon to the relevant park management agency before the implementation thereof, and detailed matters related thereto shall be as prescribed by municipal rules. Where the park management agency deems that a user fee reported by the trustee is unreasonable, it may adjust such user fee. <Amended by Ordinance No. 5107, Jul. 28, 2011>
(3) An admission fee to a park and user fee for the use of the park may be paid in foreign currency and by credit card in order to vitalize the use of a park. In such cases, the applicable exchange rate shall be the final purchase price in cash on the preceding day by a bank which is the treasury of Seoul Metropolitan Government, and where there is change, a fraction below 10 won shall not be calculated. <Amended by Ordinance No. 5107, Jul. 28, 2011>
(4) Where a person uses park facilities for up to three months, he/she shall deposit a warranty bond (less than 15 percent of a user fee for the use of facilities), a warranty bond shall be returned within 15 days from the date park facilities are reinstated, excluding the expenses incurred. <Newly Inserted by Ordinance No. 4917, Jan. 7, 2010>
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 16 (Rental Fees of Park facilities) In principle, a rental fee shall be calculated and collected by appraised value, cost accounting service, etc., and where a trustee is selected by general competition bidding, etc., the value of the successful bid the estimated price of which is the appraised value or the price by cost accounting service shall be collected as a rental fee: Provided, That in cases falling under any of the following subparagraphs, a rental fee shall be exempted and facilities maintenance cost, etc. may be subsidized within budget limits:
1. Where a park management agency entrusts the management of a park opening after vesting free of charge pursuant to Article 99 of the National Land Planning and Utilization Act to its relative;
2. Where a park management agency entrusts the management and operation of a park or park facilities generating no revenues to a non-profit corporation or organization;
3. Where a park management agency entrusts a memorial hall of patriotic martyrs for the country and patriots and its related facilities pursuant to Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Services to Independence to an organization which has donated them;
4. Where the Mayor deems it necessary for efficient management and operation of a park or park facilities.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 17 (Fee for Occupation and Use) A person who obtains a permit to occupy and use a park or green area (hereinafter referred to as "occupant") shall pay a fee for occupation and use referred to in attached Table 3.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 18 (Calculation Standards and Methods of Payment of Fees) (1) An admission fee or fee for occupation and use shall be paid on a notice for payment issued by a park management agency or green area management agency or by method of purchasing an admission ticket: Provided, That a fee for use of video recording, photography, or a playground among fees for use of park facilities may be paid by means of revenue stamp meter of a park management agency or green area management agency, credit cards, or with electronic currency and electronic settlement of accounts making use of information and communication network. <Amended by Ordinance No. 4967, Apr. 22, 2010; Ordinance No. 5554, Aug. 1, 2013>
(2) In principle, a rental fee of park facilities pursuant to Article 16 shall be calculated in the total amount of the period of entrustment, and where it is necessary to calculate in installments, it shall be calculated according to the following subparagraphs:
1. On a yearly basis: the yearly amount × the number of years entrusted;
2. On a monthly basis: the yearly amount × the number of months entrusted / 12;
3. On a daily basis: the yearly amount × the number of days entrusted / 365.
(3) A fee for occupation and use pursuant to Article 17 shall be calculated and imposed as a yearly amount each year. In such cases, where the period of occupation and use is less than one year, a fee for occupation and use shall be calculated according to the following subparagraphs:
1. On a monthly basis: the yearly amount × the number of months occupied and used / 12;
2. On a daily basis: the yearly amount × the number of days occupied and used / 365.
(4) Methods of payment of a rental fee and fee for occupation and use shall be as follows:
1. Where the period of management in trust and occupation and use does not exceed one year, when a park management agency or green area management agency entrusts the management or issues a permit to occupy and use (hereinafter in this paragraph referred to as "permission"), the amount calculated at the time of permission regarded as the base date of calculation shall be paid in full before the date of commencement of occupation and use;
2. Where the period of management in trust and occupation and use exceeds one year, the amount for one year from the date of permission shall be paid before the date of commencement of occupation and use, and the amount for the following year thereafter shall be paid within 30 days from the date falling under the first date of commencement of occupation and use every year.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 19 (Refund of Fees) (1) An admission fee or user fee paid in advance during Internet reservation, etc. may be refunded, and detailed matters concerning refund shall be prescribed by municipal rules.
(2) In cases falling under any of the following subparagraphs within the period during which the use of parking facilities and the making of profits therefrom are permitted and the period during which occupation and use are permitted, rental fees or fees for occupation and use already paid may be refunded in whole or in part: <Amended by Ordinance No. 6074, Jan. 7, 2016>
1. Where a natural disaster occurs or the Mayor cancels permission or changes details of permission according to the necessity for public interest;
2. Where refund is deemed inevitable because the area of actual occupation and use of a park is much less than the area permitted to be occupied and used or there are errors in the calculation of a rental fee or fee for occupation and use.

Article 20 (Reduction or Exemption of Fees) (1) The Mayor may exempt any of the following persons from an admission fee: <Amended by Ordinance No. 4917, Jan. 7, 2010>
1. A state guest, diplomatic mission and its retinue;
2. A child under six years of age, a person over 65 years of age, or a disabled person under the Act on Welfare of Persons with Disabilities (including a guardian in cases of a severely disabled person of Class 1, 2, or 3);
3. A person who has access to a park for investigation and research in the park for public interest or scientific purposes;
4. A person who has access to a park to perform his/her official duties;
5. A person referred to in any subparagraph of Article 86 (1) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State;
6. A person of merit who participated in a war who holds a card of person of merit who participated in a war issued by the Minister of Patriots and Veterans Affairs;
7. A person who holds an honorary citizenship of Seoul Metropolitan Government.
(2) The Mayor may reduce an admission fee referred to in attached Table 1 as prescribed by municipal rules within the extent of not less than 30 percent and not more than 50 percent to a person falling under any of the following subparagraphs:
1. A person who uses a park within one month after he/she used a park and cultural facilities designated by the Mayor;
2. A person who holds a Daddungi happy card (referring to a card issued to a family living in Seoul Metropolitan City and having not less than two children) or a member of the family registered in the card;
3. A group of not less than 30 persons;
4. Other matters prescribed by municipal rules.
(3) In cases falling under any of the following subparagraphs, the Mayor may reduce or exempt a fee for occupation and use:
1. Where a person install historic remains to be preserved permanently or a monument with distinguished services;
2. Where a local government occupies and uses a park or green area for construction of a common or public building and structure;
3. Where a local government occupies and uses a park or green area for installation of water and sewage pipes, gas pipe, or a water tank for fire-fighting;
4. Where a park management agency deems other facilities corresponding to the provisions of subparagraphs 1 through 3 necessary for public interest.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 21 (Application Mutatis Mutandis) For matters not prescribed in this Ordinance concerning the collection and reduction or exemption of a usage fee, fee for occupation and use, etc., the relevant fee, etc. may be imposed or collected by applying the criteria for collection, reduction, or exemption under the relevant Acts and subordinate statutes and other Ordinances mutatis mutandis. [This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 22 (Acts Subject to Application of Prohibited Acts) No person shall do any act referred to in each subparagraph of Article 49 (2) of the Act in an urban park falling under subparagraph 3 of Article 2. <Amended by Ordinance No. 6074, Jan. 7, 2016>
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 23 (Imposition and Collection of Administrative Fines) Standards by which the Mayor imposes administrative fines pursuant to Article 56 (1) of the Act shall be as specified in attached Table 4 under Article 51 (1) of the Decree. <Amended byOrdinance No. 6074, Jan. 7, 2016>
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 24 (Urban Park Committee of Seoul Metropolitan City) The Urban Park Committee of Seoul Metropolitan City (hereinafter referred to as the "Committee") shall be established in Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") to provide advice or deliberate on matters referred to in Article 16 (4) of the Act and the subparagraphs of Article 50 (1) of the Act, and matters referred to the Committee by the Mayor in relation to parks and green areas: <Amended by Ordinance No. 6521, May 18, 2017>
1and 2. Deleted. <by Ordinance No. 6521, May 18, 2017>
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 25 (Formation of Committee) (1) The Committee shall be comprised of no more than 25 members, including one chairperson and one vice chairperson.
(2) The Second Administrative Deputy Mayor shall be the chairperson of the Committee, and the vice chairperson shall be elected by the Committee from among its members. <Amended by Ordinance No. 5272, Mar. 15, 2012; Ordinance No. 6521, May 18, 2017>>
(3) The Mayor shall appoint or commission members from among those referred to in the following subparagraphs:
1. Public Officials in Class 2 or Class 3 of the City;
2. Those who have abundant knowledge and experience relating to parks.
(4) The term of office of members referred to in paragraph (3) 2 shall be two years, and they may only serve no more than two consecutive terms. <Amended by Ordinance No. 6521, May 18, 2017>
(5) The Committee shall have one administrative secretary and one clerk to conduct its business, and the manager of the department in charge of the Committee shall be the administrative secretary and the assistant manager in charge of the Committee shall be the clerk.
(6) Where a member falls under any of the following subparagraphs, the Mayor may dismiss the relevant member, even before the expiration of his/her term of office: <Amended by Ordinance No. 5004, Jul. 15, 2010>
1. When a member deceases or is unable to perform his/her duties owing to an illness which requires medical treatment for a long time or an overseas travel for at least six months, etc.;
2. When a member wishes to be dismissed of his/her own accord;
3. When a member is disqualified in connection with his/her duties or attracts public criticism by gross negligence;
4. When a member is deemed inappropriate for performing his/her duties owing to loss of his/her dignity, etc.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 26 (Duties of Chairperson) (1) The chairperson shall represent the Committee and preside over affairs of the Committee.
(2) The vice chairperson shall assist the chairperson and perform duties of the chairperson on his/her behalf when he/she cannot perform his/her duties owing to unavoidable reasons.
(3) When both the chairperson and vice chairperson are unable to perform their duties, a member elected by the Committee from among its members shall perform the relevant duties.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 27 (Meeting) (1) A regular meeting shall be called once a month, but may be adjusted in consideration of items on the agenda.
(2) A meeting of the Committee shall be held by the majority of the incumbent members and a decision shall be made with the consent of the majority of members present.
(3) A member who has a stake in a decision of the Committee shall not participate in the decision.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 28 (Allowance) An allowance may be paid to a member appears at a meeting of the Committee within budget limits: Provided, That this shall not apply to cases where a member who is a public official attends a meeting of the Committee in direct connection with his/her concern.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 29 (Detailed Rules for Operation) Except as otherwise expressly prescribed by this Ordinance, the chairperson shall determine matters necessary for the operation of the Committee through the resolution of the Committee.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 30 (Division of Jurisdiction over Business on Parks orGreen Areas) (1) Division of jurisdiction over business on urban parks andgreen areas between Seoul Metropolitan Government and an autonomous Gu of Seoul Metropolitan Government shall be as specified in attached Table5.
(2) Expenses incurred in the acquisition or creation of a park or green area and the conduct of the business concerning maintenance of existing facilities, etc. shall be borne according to the division of jurisdiction over business referred to in paragraph (1): Provided, That the Mayor may subsidize some of expenses to be borne by an autonomous Gu in consideration of its financial circumstances, etc.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]

Article 31 (Delegation of Business) (1) Business which the Mayor delegates to the head of a Gu or the head of a business unit shall be as attached Table 6.
(2) Permission, etc. referred to in attached Table 6 shall be deemed to include business incidental thereto unless provided otherwise.
[This Article Wholly Amended by Ordinance No. 4722, Jan. 8, 2009]