Foreign Investment Ordinance

20038-001.hwp

ENFORCEMENT RULE OF SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON URBAN PLANNING

Wholly Amended by Enforcement Rule No. 3602, Jan. 31, 2008

Amended by Enforcement Rule No. 3638, Nov. 13, 2008

Enforcement Rule No. 3671, Jun. 25, 2009

Enforcement Rule No. 3748, Apr. 29, 2010

Enforcement Rule No. 3817, Sep. 8. 2011

Enforcement Rule No. 3871, Aug. 9, 2012

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Rule is to prescribe matters delegated by Seoul Metropolitan Government Ordinance on Urban Planning and matters necessary for the enforcement thereof.

Article 2 (Definitions)

The terms used in this Rule shall be defined as follows:

1. The term "basic floor area ratio" means the basic floor area ratio separately determined by block and lot within the extent of the floor area ratio referred to in Article 55 (1) through (4) and (16) of Seoul Metropolitan Government Ordinance on Urban Planning (hereinafter referred to as the "Ordinance") in consideration of locational circumstances, such as the width of the road in front, landscape, other infrastructure, etc. in an area under the Class I specific regional plan (hereinafter referred to as "area under the specific regional plan");

2. The term "permitted floor area ratio" means the floor area ratio separately determined as the floor area ratio determined under the Class 1 specific regional plan (hereinafter referred to as "specific regional plan") within the extent of the floor area ratio calculated by adding the floor area ratio provided as an incentive (the floor area ratio provided when matters determined in the relevant specific regional plan are implemented, such as a lot plan, joint development to which the maximum floor area ratio is not applicable, uses of a building, vacant land in a site, elements of a green plan, parking and the flow of motor vehicle traffic, etc.) to the basic floor area ratio;

3. The term "maximum floor area ratio" means the floor area ratio separately determined within the extent of the floor area ratio calculated by adding the floor area ratio provided additionally when an owner of construction provides land as a site for public facilities (limited to cases of contributed acceptance; hereinafter the same shall apply) or builds and provides public facilities, etc. (including cases where he/she provides public facilities together with the site therefor), or where joint development is designated to secure public facilities to the basic floor area ratio or permitted floor area ratio;

4. The term "public facilities" means public facilities referred to in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as the "Act"), schools or infrastructure referred to in Article 19 (2) of the Ordinance.

CHAPTER II FORMULATION OF URBAN MANAGEMENT PLANS

Article 3 (Investigation into Current Status of Urban Ecology and Method of Assessment)

(1) The following matters shall be included in an investigation into the current status of urban ecology under Article 4 (4) of the Ordinance:

1. The current status of the use of land;

2. The current status of impermeable (impermeable) pavement of soil;

3. The current status of existing vegetation;

4. Other matters the Mayor deems to require an investigation into the current status of urban ecology;

(2) The Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") may separately determine the following matters to specify the details of the investigation referred to in paragraph (1) and to reflect the outcomes of such investigation in urban planning:

1. An investigation cycle;

2. A method of investigation;

3. Issue of identification cards of investigators;

4. A method of materializing a biotope (the current status of urban ecology);

5. The grade of the conservation value of a biotope (the current status of urban ecology) and a method of rating;

6. A method of the establishment of a GIS of investigated materials.

(3) Grades of assessment of types of biotope and grades of assessment of individual biotope referred to in subparagraph 1 (a) (4) of attached Table 1 of the Ordinance shall be as follows:

1. Grades of assessment of types of biotope;

(a) Grade 1: A type of biotope that requires the absolute conservation of the whole area subject to rating;

(b) Grade 2: A type of biotope that requires the preferential conservation of the whole area subject to rating;

(c) Grade 3: A type of biotope that requires the preferential conservation of part of an area subject to rating and restrictions on the use of land for the rest of the area;

(d) Grade 4: A type of biotope that requires restrictions on the use of land for part of land in an area subject to rating;

(e) Grade 5: A type of biotope that requires partial improvement.

2. Grades of Assessment of individual biotope:

(a) Grade 1: A biotope that deserves special conservation (conservation);

(b) Grade 2: A biotope that deserves conservation (protection and restoration);

(4) The Mayor shall announce the result of investigation of the current status of urban ecology made pursuant to Article 4 (4) of the Ordinance for not less than 14 days.

CHAPTER III SPECIFIC REGIONAL PLAN

Article 4 (Areas Subject to Designation of Area under Specific Regional Plan)

(1) The term "extent or area prescribed by the relevant Rule" in Article 16 (2) of the Ordinance means cases where a person intends to build apartment housing subject to approval of a business plan pursuant to Article 16 (1) of the Housing Act or subject to permission for building pursuant to Article 11 (1) of the Building Act: Provided, That this shall not apply to cases falling under any of the following subparagraphs:

1. Where he/she builds apartment houses in a business area;

2. Where less than 20 households of apartment houses are planned to be built;

3. Where the area of a site for business (where part of a site for business is provided for public facilities, the area provided shall be excluded, and where a business area is included, the area of such a business area shall be excluded herefrom) is less than 5,000 square meters and less than 100 households of apartment houses are planned to be built (in the case of urban type living housing, less than 150 households) and in cases falling under any of the following items:

(a) Where a site for business is a site with no building;

(b) Where an existing building in a site for business meets standards of old buildings prescribed in attached Table 1.

(2) Where an area under the specific regional plan is designated pursuant to paragraph (1), buildings in the area shall meet standards of old buildings prescribed in attached Table 1.

Article 5 (Restrictions on Building in Area under Specific Regional Plan)

(1) Where the Mayor designates an area under the specific regional plan pursuant to Article 30 of the Act and restricts permission for development pursuant to Article 63 of the Act and Article 60 of the Enforcement Decree (hereinafter referred to as the "Decree") of the same Act or permission for building pursuant to Article 18 of the Building Act before he/she determines and announces the specific regional plan so that construction meeting the specific regional plan may be materialized, the head of a Gu shall restrict permission for building.

(2) Notwithstanding paragraph (1), the Mayor or the head of a Gu may issue a permit to build a building of not less than eight stories or the total floor area of which is not less than 10,000 square meters (in the case of enlargement of a building, limited to a building of not less than eight stories or the total floor area of which is not less than 10,000 square meters by enlargement of not less than three stories) through deliberation by the Seoul Metropolitan Urban Planning Committee pursuant to Article 17 (1) of the Ordinance, and a building other than the scale subject to deliberation by the Seoul Metropolitan Urban Planning Committee through deliberation by a Gu Urban Planning Committee:

1. Building or large-scale repair of a building destroyed by a fire or natural disaster;

2. Where building or large-scale repair is required due to structural problems in a building;

3. Where it is judged that a building plan of a lot intended to be built meets the basic directions of the relevant specific regional plan and details of a specific regional plan under formulation, and infrastructure, such as a road, etc., has been secured;

4. Where building or large-scale repair of a building is required owing to the execution of a project for improvement of public facilities.

Article 6 (Height of Building in Area under Specific Regional Plan)

Where the Mayor determines the maximum height of a building under a specific regional plan pursuant to Article 52 (1) 4 of the Act, he/she may apply Article 60 of the Building Act.

Article 7 (Planning and Operation of Floor Area Ratio in Area under Specific Regional Plan)

(1) Where the Mayor formulates a specific regional plan pursuant to Articles 19 (1) and 55 (7) of the Ordinance, the applicable floor area ratio shall be as prescribed by the following subparagraphs:

1. Where an existing specific use area pursuant to Article 30 of the Decree is or has been changed (including subdivision; hereinafter the same shall apply) to a specific use area with the higher floor area ratio:

(a) The basic floor area ratio: The floor area ratio determined separately within the extent of the floor area ratio (hereinafter referred to as the "floor area ratio of a specific use area before change") pursuant to Article 55 (1) through (4) of the Ordinance of a specific use area before change;

(b) The permitted floor area ratio: Within the floor area ratio of a specific use area before change ＋ (the floor area ratio of a specific use area after change － the floor area ratio of a specific use area before change) × 2/3. In such cases, the term "floor area ratio of a specific use area after change" means the floor area ratio pursuant to Article 55 (1) through (4) of the Ordinance of a specific use area after change (hereinafter the same shall apply);

(c) The maximum floor area ratio: Within the permitted floor area ratio × (1＋1.3 × weight × α) (Provided, That where the floor area ratio of a specific use area before change is not applicable, within the extent of the floor area ratio of the relevant area pursuant to Article 55 (1) through (4) of the Ordinance) or within the basic floor area ratio × (1＋1.3 × weight × α). In such cases, weight means the ratio of the floor area ratio of a site provided for public facilities (in cases of not less than two specific use areas, the floor area ratio on a weighted average compared with the area) to the floor area ratio of a site for business, and α means the ratio of the area provided for public facilities to the lot area after a site for public facilities is provided (hereinafter the same shall apply).

2. Where there is no change to a specific use area pursuant to Article 30 of the Decree and a specific use area is or has been changed to a specific use area of the same floor area ratio:

(a) The basic floor area ratio: The floor area ratio determined separately within the extent of the floor area ratio pursuant to Article 55 (1) through (4) and (16) of the Ordinance;

(b) The permitted floor area ratio: Within the floor area ratio pursuant to Article 55 (1) through (4) and (16) of the Ordinance;

(c) The maximum floor area ratio: Within the permitted floor area ratio × (1＋1.3 × weight × α) or within the basic floor area ratio × (1＋1.3 × weight × α).

3. Where an existing specific use area pursuant to Article 30 of the Decree is or has been changed to a specific use area with the lower floor area ratio:

(a) The basic floor area ratio: The floor area ratio determined separately within the extent of the floor area ratio of a specific use area after change;

(b) The permitted floor area ratio: Within the floor area ratio of a specific use area after change;

(c) The maximum floor area ratio: Within the permitted floor area ratio × (1＋1.3 × weight × α) or within the basic floor area ratio × (1＋1.3 × weight × α).

(2) The application of the floor area ratio in an area under a specific regional plan shall be as prescribed by the following subparagraphs:

1. The permitted floor area ratio shall be calculated by adding the floor area ratio provided as an incentive to the basic floor area ratio determined in the relevant specific regional plan but shall not exceed the permitted floor area ratio determined in the relevant specific regional plan pursuant to paragraph (1);

2. The maximum floor area ratio shall apply by adding the permitted floor area ratio × 1.3 × weight × α determined in the relevant specific regional plan pursuant to paragraph (1) to the permitted floor area ratio calculated pursuant to subparagraph 1: Provided, That where it is prescribed to apply the floor area ratio calculated by adding the basic floor area ratio × 1.3 × weight × α determined in the relevant specific regional plan pursuant to paragraph (1) to the basic floor area ratio determined in the relevant specific regional plan, such floor area ratio may apply.

(3) Notwithstanding paragraph (1), standards for application of the floor area ratio in any of the following cases shall be in accordance with the following:

1. In cases falling under any of the following items, irrespective of change to a specific use area, paragraph (1) 2 may apply:

(a) Where a specific regional plan is formulated for an area designated as a prearranged area for housing site development pursuant to Article 51 (1) 5 of the Act: Provided, That this shall not apply where a specific use area is changed after an execution plan pursuant to Article 9 (3) of the Housing Site Development Promotion Act has been approved and announced;

(b) Where a specific regional plan is formulated for an area changed to a specific use area with the higher floor area ratio among the subparagraphs of Article 30 of the Decree. In such cases, the maximum floor area ratio on a site for public facilities provided at the time a specific use area is changed to that with the higher floor area ratio shall not apply;

2. Where the Seoul Metropolitan Urban Planning Committee deems it specifically necessary to attain the purpose of a district-unit plan, such as securing public facilities, strategic development, etc., standards for application of the floor area ratio may be determined separately by the district-unit plan.

(4) Matters necessary for implementing methods of computation, etc. under Article 19-2 (2) of Seoul Metropolitan Government Ordinance on Urban Planning shall be as follows:

1. The building costs of public facilities, etc. and the price of a site therefor shall be computed based on the time a building permit is granted: Provided, That a district-unit plan is formulated subject to a specific development plan, the building costs of public facilities, etc. and the price of a site therefor may be determined through deliberation by the Urban Construction Joint Committee;

2. The building costs of facilities shall be computed based on the standard building costs announced in each year by the Minister of Land, Transport and Maritime Affairs pursuant to the Seoul Metropolitan Area Readjustment Planning Act: Provided, That where it is inappropriate to apply the standard building costs to sports facilities, cultural facilities, etc. because they require a special structure or function, the building costs of such facilities may be separately computed based on the objective basis for computation, such as the details of design; and

3. Other management standards necessary for implementing methods of computation may be separately determined by the Mayor.

CHAPTER IV PERMISSION FOR DEVELOPMENT

Article 8 (Rejection of Applications)

The head of a Gu may reject an application for permission for changing the form and quality of land, collecting soil and stone and heaping goods of not less than 1,000 square meters falling under any of the following subparagraphs without due formalities of deliberation by a Gu Urban Planning Committee:

1. Land for which restrictions on permission for development pursuant to Article 63 of the Act has been announced;

2. Land in obvious violation of standards for permission for development referred to in attached Table 1 of Article 24 of the Ordinance;

3. Land for which an application for permission for development has been already returned through deliberation by a Gu Urban Planning Committee in the same details of an application without changing conditions, such as the current status of land or relevant Acts and subordinate statutes, etc.

Article 9 (Clear Statement of Fact of Illegally Damaged Standing Trees and Termination of Clear Statement) The head of a Gu shall clearly state the fact of intentional or illegal damage to standing trees prescribed by subparagraph 1 (d) (2) (e) of attached Table 1 of the Ordinance, changes to the layout of the land without obtaining permission, pavement, land in which a structure has been built and of which return to the original state has not been realized in a written confirmation of land utilization plan, and the termination of such clear statement shall be according to a method referred to in attached Table 2. <Amended on Jun. 11, 2009> <a name="FieldEnd:JO:9-11"></a><a name="FieldStart:JO:10"></a>Article 10 (Method of Surveying of Number of Standing Trees)A survey and calculation of the number of standing trees prescribed by subparagraph 1 (a) (3) (a) of attached Table 1 of the Ordinance shall be made in accordance with methods referred to in attached Table 3. <Amended on Jun. 11, 2009> <a name="FieldEnd:JO:10"></a><a name="FieldStart:JO:10-2"></a>Article 10-2 (Method of Calculation of Ecological Area Ratio)(1) The ecological area ratio referred to in subparagraph 2 (a) (3) of attached Table 1 of the Ordinance shall be calculated in accordance with attached Table 3-2. <Newly Inserted on Apr. 29, 2010> (2) A calculation table of the ecological area ratio shall be as set out in Form 2-2. <Newly Inserted on Apr. 29, 2010><a name="FieldEnd:JO:10-2"></a><a name="FieldStart:JO:11"></a>Article 11 (Method of Surveying of Gradient)A survey and calculation of a gradient prescribed by subparagraph 1 (a) (3) (b) of attached Table 1 of the Ordinance shall be made in accordance with methods referred to in attached Table 4. <Amended on Nov. 13, 2008; Jun. 11, 2009> <a name="FieldEnd:JO:11"></a><a name="FieldStart:JO:12"></a>Article 12 (Reporting and Notification)(1) The head of a Gu shall report matters permitted for changing the form and quality of land, soil and stone collection quarrying and heaping goods in the relevant year to the Mayor by January 10 of the following year.(2) The head of a Gu shall notify a necessary department for public administration of the current status of completion of work, such as changing the form and quality of land, etc., within ten days after the completion along with the drawings of the current status in which a land registration is indicated and the creation drawings of public facilities and a site attached thereto. <a name="FieldEnd:JO:12"></a><a name="FieldStart:JO:13"></a>Article 13 (Receipt of Permission for Development and Keeping of Books of Permission)The head of a Gu shall prepare and keep books of receipt of permission for development in Form 1 and books of permission of permission for development in Form 2 for any change to the form and quality of land, soil and stone collection quarrying and heaping goods. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:13"></a> <a name="FieldStart:CT:5"></a>CHAPTER V RESTRICTIONS ON ACTS IN SPECIFIC USE AREAS OR SPECIFIC USE DISTRICTS<a name="FieldEnd:CT:5"></a><a name="FieldStart:JO:14"></a>Article 14 (Calculation of Average Stories)(1) "Standard area provided by the relevant Rule" in Article 28 (2) of the Ordinance means the sum of the area computed by dividing the gross area of apartment houses by building by the number of stories of each building.(2) The number of average stories under Article 28 of the Ordinance shall be calculated to one decimal place rounding off the fractions to two decimal places.<a name="FieldEnd:JO:14"></a><a name="FieldStart:JO:15"></a>Article 15 (Standards for Application of Old Buildings for Construction of Apartment Houses in Quasi-industrial Area)Annex 1 shall apply to standards for application of old buildings for construction of apartment houses (excluding dormitories and rental houses under Article 16 (1) 1 through 3 of the Rental Housing Act) pursuant to subparagraph 4 (a) of Annex 2 of the Ordinance and welfare houses for the aged. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:15"></a><a name="FieldStart:JO:16"></a>Article 16 (Demarcation of Districts within Four Gates)A region within four gates under each proviso to Articles 54 (5), 55 (1) 7 through 10 and the proviso to the part other than the subparagraphs of Article 55 (3) of the Ordinance shall be a region determined in annexed drawings as the region including its surroundings fixing the boundary with Toigyero, Dasanro, Wangsanro, Yulgokro, Sajikro and Euijuro. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:16"></a><a name="FieldStart:JO:16-2"></a>Article 16-2 (Standards for Relaxation of Floor Area Ratio following Construction of Long-Term Lease Housing Units on Deposit Basis)(1) "Area prescribed by the relevant Rule" in Article 55 (16) of the Ordinance means an area, other than the central area based on the central system in the master urban planning under subparagraph 2 of Article 2 of the Act among the railway station quarter within a 500-meter radius from the railway station center (the central point of each platform). (2) Notwithstanding paragraph (1), any of the following areas shall be excluded: Provided, That this shall not apply to cases where it is deemed unavoidable through deliberation by the Seoul Metropolitan Urban Planning Committee or the Urban Construction Joint Committee:1. An exclusive residential area, urban natural park, neighborhood park, natural scenery district and an area adjacent to a height control district (excluding a height control district around the Kimpo Airport); 2. An area in which special importance is attached to landscape, hilly country, area to which landscaping standards centering around the Han River is applied according to a landscape plan under Article 6 of the Landscape Act. [This Article Newly Inserted by Enforcement Rule No. 3871, Aug. 9, 2012] <a name="FieldEnd:JO:16-2"></a> <a name="FieldStart:CT:6"></a>CHAPTER VI SEOUL METROPOLITAN URBAN PLANNING COMMITTEE<a name="FieldEnd:CT:6"></a><a name="FieldStart:JO:17"></a>Article 17 (Qualifications for Members who are not Public Officials or Councilors)"Persons who have knowledge and experience in affairs related to urban planning" in Article 57 (3) 3 of the Ordinance means any of the following persons: <Amended on Nov. 13, 2008>1. A person at the level of assistant professor or higher in a field related to urban planning in a university; <Amended on Nov. 13, 2008> 2. A person who holds a doctorate in a field related to urban planning and has work experience of at least seven years; <Amended on Nov. 13, 2008> 3. A professional engineer in a field related to urban planning under the National Technical Qualifications Act who has work experience of at least seven years; <Amended on Nov. 13, 2008> 4. A person at the level of editorial writer or commentator or higher of any press agency or broadcasting company; <Amended on Nov. 13, 2008> 5. A person who is related to the legal profession, such as a judge, public prosecutor and attorney-at-law; <Amended on Nov. 13, 2008> 6. A person at the level of person in charge of research or higher in the field of urban planning at institutes funded by the Government or a local government; <Amended on Nov. 13, 2008> 7. A person who has work experience as a grade Ⅲ public official or higher in a field related to urban planning; <Amended on Nov. 13, 2008> 8. Other persons the Mayor deems that they have expert knowledge and working experience equal to persons under subparagraphs 1 through 7 in a field related to urban planning. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:17"></a><a name="FieldStart:JO:18"></a>Article 18 (Appointment of Members of Urban Planning Committee)Where the Mayor intends to appoint a member, he/she shall receive a written consent in Form 3 from the relevant member, and a letter of appointment shall be in Form 4.<a name="FieldEnd:JO:18"></a><a name="FieldStart:JO:19"></a>Article 19 (Presentation of Items on Agenda) Where the Mayor intends to present items on the agenda to the Seoul Metropolitan Urban Planning Committee, he/she shall comply with the following:1. He/she shall submit items classified into items on the agenda for deliberation, items on the agenda for consultation or items on the agenda for reporting, etc.;2. He/she shall make it a principle to report the list of items on the agenda to the Seoul Metropolitan Urban Planning Committee by not later than ten days before holding a meeting and to submit detailed materials to the same Committee by not later than seven days before holding a meeting; 3. He/she shall prepare and submit proposals for deliberation in Form 5 and 6 in which reasons for making proposals, statements, related drawings, the result of hearing opinions (residents or the Seoul Metropolitan Council) and an opinion on the examination of the Standing Planning Organization for Urban Planning (hereinafter referred to as the "Planning Organization") are recorded and ancillary materials in Form 7.<a name="FieldEnd:JO:19"></a><a name="FieldStart:JO:20"></a>Article 20 (Calling of Meeting)(1) Unless extraordinary circumstances exist otherwise, the Mayor shall make it a principle to call a meeting of the Seoul Metropolitan Urban Planning Committee on the first and third Wednesdays of every month and a meeting of the Joint Committee pursuant to Article 18 (1) of the Ordinance on the second and fourth Wednesdays of every month. <Amended on Nov. 13, 2008> (2) The Mayor shall notify the members (hereinafter referred to as "members") of the Seoul Metropolitan Urban Planning Committee of the holding of a meeting by not later than ten days before the date of holding a meeting and distribute items on the agenda for deliberation and materials necessary for deliberation by not later than five days before the date of holding a meeting: Provided, That this shall not apply to cases where there are unavoidable circumstances, such as cases where there is an emergency item, etc. <Amended on Nov. 13, 2008> (3) Where a member who is a public official is unable to attend a meeting of the Seoul Metropolitan Urban Planning Committee owing to unavoidable circumstances, a public official belonging to the relevant administrative agency may attend the meeting on his/her behalf. In such cases, a person who attends the meeting on his/her behalf may speak on items on the agenda, but shall not participate in voting. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:20"></a><a name="FieldStart:JO:21"></a>Article 21 (Attendance at Meeting)Members who attend a meeting shall sign their names in the list of signatures in Form 8 and the administrative secretary shall report the conditions of attendance of each member to the Seoul Metropolitan Urban Planning Committee once a year. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:21"></a><a name="FieldStart:JO:22"></a>Article 22 (Proceedings of Meeting)(1) Where a member intends to speak, he/she shall ask for the floor to speak from the chairperson. In such cases, the number of times he/she may speak shall not be restricted: Provided, That where the chairperson deems that his/her speaking hinders the proceedings of a meeting because his/her speaking is repeated or has no direct relation with details of items on the agenda for deliberation, the chairperson may order him/her to stop speaking. (2) Where the chairperson deems that a member himself/herself has direct or indirect interest in items on the agenda for deliberation, he/she may restrict participation of such a member in deliberation of the relevant item on the agenda. (3) The term "procedures prescribed by the relevant Rule" in Article 59 (3) of the Ordinance means the following: <Amended on Nov. 13, 2008> 1. Where a private business operator intends to state his/her opinion on an urban management plan he/she has proposed to the Seoul Metropolitan Urban Planning Committee in writing or in person, he/she shall file an application with a person who has a right to make a proposal and submit explanatory materials to him/her in advance; <Amended on Nov. 13, 2008> 2. Where a person who has a right to make a proposal for items on the agenda requires explanations of a public official of an autonomous Gu or private business operator (hereinafter referred to as "witness") in connection with items on the agenda for deliberation, he/she shall request the administrative secretary by not later than three days before a meeting of the Committee is held. In such cases, a witness may attend a meeting of the Committee and explain the relevant item on the agenda: Provided, That the chairperson may limit the time of explanation, etc. for the efficient proceedings of the meeting. <Amended on Nov. 13, 2008> (4) The chairperson may order a witness to leave the room after his/her explanation under paragraph (3) is complete.<a name="FieldEnd:JO:22"></a><a name="FieldStart:JO:23"></a>Article 23 (Preparation of Minutes)(1) A stenographer shall make it a principle to prepare and submit minutes to the administrative secretary within seven days after a meeting is closed. (2) A stenographer shall not disclose the proceedings and details of a meeting of the Seoul Metropolitan Urban Planning Committee and confidential information, etc. he/she has become aware of the process of stenography to the outside and shall affix his/her signature and seal to a written pledge according to Form 9 for the non-disclosure. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:23"></a><a name="FieldStart:JO:24"></a>Article 24 (Management of Results of Meeting)(1) The Mayor shall receive written pledges in Form 10 from appointed members for the observance of the provisions of "non-disclosure of meeting" pursuant to Article 60 of the Ordinance. (2) Where a member discloses details of a meeting, etc. of the Seoul Metropolitan Urban Planning Committee in breach of a written pledge taken pursuant to paragraph (1), the Mayor may dismiss the relevant member and the dismissed member shall not be reappointed. <Amended on Nov. 13, 2008>(3) Where the Mayor deems that the disclosure of minutes is specially necessary at the request of the National Assembly of the Republic of Korea, the Seoul Metropolitan Council, the Board of Audit and Inspection of Korea, the Prosecution, etc., he/she may prepare the substance of deliberation with no real names written and have them read the same. (4) An item on the agenda decided or rejected through deliberation by the Seoul Metropolitan Urban Planning Committee shall not be presented on the agenda to the same Committee as the same item within five years unless extraordinary circumstances exist otherwise. <a name="FieldEnd:JO:24"></a><a name="FieldStart:JO:25"></a>Article 25 (Operation of Joint Committee)Articles 17 through 24 shall apply mutatis mutandis to the operation of the Joint Committee. <Amended on Nov. 13, 2008><a name="FieldEnd:JO:25"></a><a name="FieldStart:JO:26"></a>Article 26 (Detailed Functions of Standing Planning Organization for Urban Planning)Detailed functions of the Planning Organization pursuant to Article 64 of the Ordinance shall be as set out in the following subparagraphs:1. Operation of the Seoul Metropolitan Urban Planning Committee and management of items on the agenda presented to the Committee;2. Preparation and management of minutes of the Seoul Metropolitan Urban Planning Committee;3. Management of all sorts of materials related to urban planning and preparation of the history of urban planning; <Amended on Nov. 13, 2008>4. Conduct of research in policy tasks related to urban planning; <Amended on Nov. 13, 2008> 5. Attendance at a meeting of the Seoul Metropolitan Urban Planning Committee and explanation of details of the examination of items on the agenda; 6. Other matters the chairperson of the Seoul Metropolitan Urban Planning Committee instructs. <a name="FieldEnd:JO:26"></a><a name="FieldStart:JO:27"></a>Article 27 (Qualifications for Head of Standing Planning Organization for Urban Planning)(1) A person qualified as the head of the Standing Planning Organization for Urban Planning (hereinafter referred to as the "Head of the Organization") shall be a person falling under classification "A" of qualification standards for employment of local government public officials on the contract basis pursuant to attached Table 1 of the Regulations on Local Government Public Officials on the Contract Basis. <Amended on Nov. 13, 2008>(2) Where the Head of the Organization is unable to perform his/her duties owing to a vacancy or other reasons, a person designated by the chairperson of the Seoul Metropolitan Urban Planning Committee shall perform duties of the Head of the Organization for him/her. <a name="FieldEnd:JO:27"></a> <a name="FieldStart:CT:7"></a>CHAPTER VII HEARING OF OPINIONS OF THE COUNCIL<a name="FieldEnd:CT:7"></a><a name="FieldStart:JO:28"></a>Article 28 (Hearing of Opinions of Council)The Mayor may hear opinions of the Seoul Metropolitan Council on items on the agenda on urban planning the head of a Gu has requested the Mayor to decide as items on the agenda falling under any of the subparagraphs of Article 22 (7) of the Decree: Provided, That matters referred to in the subparagraphs of Article 25 (3) of the Decree and matters determined or determined to change by a specific regional plan shall be excluded herefrom. <Amended on Nov. 13, 2008> <a name="FieldEnd:JO:28"></a> <a name="FieldStart:AD:1"></a>ADDENDA Article 1 (Enforcement Date)This Rule shall enter into force on the date of their promulgation. Article 2 (General Transitional Measures)All kinds of disposition, procedures, acts, etc. conducted in accordance with the provisions of the Seoul Metropolitan Government Rule on Entrustment of Business, the Enforcement Rule of Seoul Metropolitan Government Ordinance on the Urban Planning Committee and the Enforcement Rule of Seoul Metropolitan Government Ordinance on Standards for Permission of Acts, such as Changing the Form and Quality of Land, etc. amended or repealed in accordance with this Rule before this Rule enters into force shall be deemed disposition, procedures, acts, etc. conducted in accordance with the provisions of this Rule.Article 3 (Transitional Measures concerning Specific Regional Plan and Redevelopment Area) (1) The basic floor area ratio, permitted floor area ratio and maximum floor area ratio prescribed by the following subparagraphs shall apply in a semi-residential area falling under the provisions of the proviso to Article 4 of the Addenda to the Ordinance in an area under the specific regional plan: <Amended on Aug. 16, 2001> 1. Where an existing specific use area pursuant to Article 29 of the Decree is or has been changed to a semi-residential area with the higher floor area ratio: <Amended on Aug. 16, 2001> (a) The basic floor area ratio: The floor area ratio separately determined within the extent of the floor area ratio in accordance with the provisions of Article 56 (1) of the Ordinance before a specific use area is changed; <Amended on Aug. 16, 2001> (b) The permitted floor area ratio: Within the floor area ratio before a specific use area is changed ＋ (500 － the floor area ratio before a specific use area is changed) × 23; <Amended on Aug. 16, 2001> (c) The maximum floor area ratio: Within the permitted floor area ratio × [(1＋0.3α) (1－α)]. <Amended on Aug. 16, 2001> 2. Where there is no change to a specific use area pursuant to Article 29 of the Decree: <Amended on Aug. 16, 2001> (a) The basic floor area ratio: The floor area ratio separately determined within the extent of the floor area ratio in accordance with the provisions of Article 56 (1) 6 of the Ordinance; <Amended on Aug. 16, 2001> (b) The permitted floor area ratio: Within the floor area ratio referred to in Article 56 (1) 6 of the Ordinance ＋ (500 － the floor area ratio referred to in Article 56 (1) 6 of the Ordinance) × 23; <Amended on Aug. 16, 2001> (c) The maximum floor area ratio: Within the permitted floor area ratio × [(1＋0.3α) (1－α)]. <Amended on Aug. 16, 2001> 3. Where an existing specific use area pursuant to Article 29 of the Decree is or has been changed to a semi-residential area with the lower floor area ratio: <Amended on Aug. 16, 2001> (a) The basic floor area ratio: The floor area ratio separately determined within the extent of the floor area ratio in accordance with the provisions of Article 56 (1) 6 of the Ordinance after a specific use area is changed; <Amended on Aug. 16, 2001> (b) The permitted floor area ratio: Within 500; <Amended on Aug. 16, 2001> (c) The maximum floor area ratio: Within the permitted floor area ratio × [(1＋0.3α) (1－α)]. <Amended on Aug. 16, 2001> (2) Deleted. <on Aug. 16, 2001>(3) Deleted. <on Aug. 16, 2001>(4) The basic floor area ratio, permitted floor area ratio and maximum floor area ratio in a semi-residential area and ordinary business area falling under the provisions of the proviso to Article 4 of the Addenda to the Ordinance in a downtown redevelopment area shall be as prescribed by any of the following subparagraphs: 1. The basic floor area ratio: The floor area ratio separately determined within the extent of the floor area ratio in accordance with the provisions of Article 56 (1) of the Ordinance; 2. The permitted floor area ratio: It shall be the floor area ratio calculated by adding an incentive floor area ratio falling under any of the following items to the basic floor area ratio, however, it shall be within 500 in case of a semi-residential area and within 800 in the case of an ordinary business area:(a) An incentive floor area ratio of cultural welfare facilities (theaters, museums, libraries, childcare facilities, etc.) shall be within the basic floor area ratio × (the gross area of cultural welfare facilities the gross building area of cultural welfare facilities); (b) An incentive floor area ratio of public contribution facilities (outdoor squares, green tracts of land, underground squares, public pedestrian passages, underground connection passages, etc.) shall be within the basic floor area ratio × (the area of public contribution facilities the area of a lot); (c) An incentive floor area ratio of the downtown industrial promotion facilities (exhibition centers, meeting rooms, etc.) shall be within 20 of the basic floor area ratio;(d) An incentive floor area ratio for the same owner in a redevelopment area where historical preserving buildings (local cultural heritages, buildings designated as objects subject to preservation, etc.) exist shall be within 50 of the basic floor area ratio;(e) An incentive floor area ratio for additional securing of open vacant land shall be within the basic floor area ratio × [(the secured area of open vacant land － the area to be set under legal obligations) the area of a lot]. 3. The maximum floor area ratio: Within the permitted floor area ratio × [(1＋0.3α) (1－α)]. <Amended on Aug. 16, 2001> Article 4 (Deliberation Standards of Seoul Metropolitan Urban Planning Committee pursuant to Article 4 of Addenda to Ordinance)Where the Seoul Metropolitan Urban Planning Committee deliberates in accordance with the provisions of the proviso to Article 4 of the Addenda to the Ordinance, it shall take matters referred to in the following subparagraphs into consideration: 1. The degree of improvement of the urban landscape; 2. Appropriateness of facilities for the community; 3. Affinity with environment and appropriateness for remodeling; 4. Appropriateness of the degree of relaxation of the floor area ratio by item of incentives; 5. Other special circumstances of a lot or plot.Article 5 (Repeal of other Rules)The following Rules are hereby repealed, respectively: 1. Enforcement Rule of Seoul Metropolitan Government Ordinance on the Urban Planning Committee; 2. Enforcement Rule of Seoul Metropolitan Government Ordinance on Standards for Permission of Acts, such as Changing the Form and Quality of Land, etc.Article 6 Omitted.<a name="FieldEnd:AD:1"></a> <a name="FieldStart:AD:2"></a>ADDENDUM <Enforcement Rule No. 3204, Aug. 16, 2001>(1) (Enforcement Date)This Rule shall enter into force on the date of their promulgation.<a name="FieldEnd:AD:2"></a> <a name="FieldStart:AD:3"></a>ADDENDUM <Enforcement Rule No. 3237, Feb. 5, 2002>(1) (Enforcement Date)This Rule shall enter into force on the date of their promulgation.<a name="FieldEnd:AD:3"></a> <a name="FieldStart:AD:4"></a>ADDENDA <Enforcement Rule No. 3251, May 10, 2002>(1) (Enforcement Date)This Rule shall enter into force on the date of their promulgation.(2) (Transitional Measures according to Change of Jurisdiction)Notwithstanding the amended provisions of Article 8, the previous provisions shall apply to matters already requested for deliberation by the Seoul Metropolitan Urban Planning Committee at the time this Rule enters into force. <a name="FieldEnd:AD:4"></a> <a name="FieldStart:AD:5"></a>ADDENDA <Enforcement Rule No. 3406, Sep. 6, 2004>(1) (Enforcement Date)This Rule shall enter into force on the date of their promulgation.(2) (Transitional Measures according to Change of Area Subject to Designation of Area under Specific Regional Plan)Notwithstanding the amended provisions of Article 4, the previous provisions shall apply to cases where a person has applied for a building permit or approval of a business plan corresponding to the relevant provisions or has deliberated on a building plan, or deliberation or advice of the Seoul Metropolitan Urban Planning Committee at the time this Rule enters into force.<a name="FieldEnd:AD:5"></a> <a name="FieldStart:AD:6"></a>ADDENDUM <Enforcement Rule No. 3496, Jun. 22, 2006>This Rule shall enter into force on the date of their promulgation.<a name="FieldEnd:AD:6"></a> <a name="FieldStart:AD:7"></a>ADDENDA <Enforcement Rule No. 3602, Jan. 31, 2008>(1) (Enforcement Date)This Rule shall enter into force on the date of their promulgation: Provided, That the amended provisions of Article 7 (3) 1 (b) shall apply beginning with the first area under the specific regional plan designated in an area changed to a specific-use area with the higher floor area ratio among the subparagraphs of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act or an area under a specific regional plan for which the specific regional plan is formulated because it is released from a development restricted area after this Rule is amended. <Amended on Nov. 13, 2008> (2) (Transitional Measures according to Change of Area Subject to Designation of Area under Specific Regional Plan)Notwithstanding the amended provisions of Article 4, the previous provisions shall apply to cases where a person has applied for a building permit or approval of a business plan corresponding to the relevant provisions or has had deliberation of a building plan, or deliberation or advice of the Seoul Metropolitan Urban Planning Committee at the time this Rule enters into force.<a name="FieldEnd:AD:7"></a> <a name="FieldStart:AD:8"></a>ADDENDA <Enforcement Rule No. 3638, Nov. 13, 2008>Article 1 (Enforcement Date)This Rule shall enter into force on the date of their promulgation. Article 2 (Applicability of Area under Specific Regional Plan for which Specific Regional Plan is Formulated because It is Released from Development Restricted Area)The amended provisions of the proviso to paragraph (1) of the Addenda to the Enforcement Rule of the Seoul Metropolitan Government Ordinance on Urban Planning, Rule No. 3602, shall apply beginning with the first area for which a specific regional plan is formulated because it is released from a development restricted area after this Rule enters into force. <a name="FieldEnd:AD:8"></a> <a name="FieldStart:AD:9"></a>ADDENDUM <Enforcement Rule No. 3671, Jun. 26, 2009>This Rule shall enter into force on the date of their promulgation.<a name="FieldEnd:AD:9"></a> <a name="FieldStart:AD:10"></a>ADDENDUM <Enforcement Rule No. 3748, Apr. 29, 2010>This Rule shall enter into force on the date of their promulgation.<a name="FieldEnd:AD:10"></a> <a name="FieldStart:AD:11"></a>ADDENDUM <Enforcement Rule No. 3817, Sep. 8, 2011>This Rule shall enter into force on the date of their promulgation.<a name="FieldEnd:AD:11"></a> <a name="FieldStart:AD:12"></a>ADDENDA <Enforcement Rule No. 3871, Aug. 9, 2012>Article 1 (Enforcement Date)This Rule shall enter into force on the date of their promulgation. Article 2 (Transitional Measures concerning Application of Standards for Relaxation of Floor Area Ratio Following Construction of Long-Term Lease Housing Units on Deposit Basis)Notwithstanding Article 16-2, an area for which a residents' proposal for or prior consultation about the formulation of a district-unit plan, or an application for designation as a readjustment area conforming to the relevant provisions is made, held or filed as at the time this Rule enters into force and the procedure therefor is followed, or which is already determined and announced shall be deemed an "area prescribed by the relevant Rule". <a name="FieldEnd:AD:12"></a> </td> </tr> <tr> <td height="2" colspan="2" bgColor="#afb68b"><img height="1" alt="" src="../images/space.gif" width="1"></td> </tr> <tr align="right" valign="bottom"> <td height="25" colspan="3"> <a href="javascript:openPrint('../../print/eng_print.php?mode=ordiance&law_id=38&do_print=yes');"><img src="../Images/en_btn_print.gif" width="54" height="16"></a> <a href="ordiance.php"><img src="../Images/en_btn_list.gif" width="53" height="16"> </td> </tr> </table> </td> </tr> </td> </tr> <tr> <td height="40"> </td> </tr> <tr> <td><img src="../Images/en_footer.gif" width="743" height="38"></td> </tr> </table> </body> </html>