Table of Contents
- Why do we need to know the National Land Planning Act?
- The Framework of the National Land Planning Act: Understanding Key Terms (Article 2)
- The Four Classifications of National Land: Understanding Land Use Zones (Article 6)
- Maintaining Consistency of National Land: Article 8 (Restrictions on Designation of Zones According to Other Laws)
- Preventing the Traps of 'Deemed Processing': Article 9 (Restrictions on Changing Urban and County Management Plans According to Other Laws)
- The National Land Planning Act: Complex but Essential Order
- Frequently Asked Questions (FAQ)
Why do we need to know the National Land Planning Act?
Even if you have little interest in real estate and land development, all the land we live on is managed through a specific 'plan.' The law that forms the basis of this management is the National Land Planning and Utilization Act, or the National Land Planning Act. This law plays a crucial role in preventing indiscriminate development and systematically utilizing and preserving national land.
Therefore, the National Land Planning Act is essential for protecting our living environment and promoting sustainable development. Through this, we can maintain a better quality of life.
Article 1 of the National Land Planning Act specifies its purpose as follows:
"This law aims to enhance public welfare and improve the quality of life of the people by establishing and implementing plans necessary for the utilization, development, and conservation of national land."
The National Land Planning Act is part of a social consensus that harmoniously coexists individual property rights and public interests. Understanding the key elements of this law, ‘planning system’ and ‘term definitions,’ is the first step in grasping how our living spaces are formed and managed.
In this article, we will focus on the definition of Article 2, which constitutes the key framework of the National Land Planning Act, aiming to clearly explain the essence of this law. Through this, readers will understand the importance of the National Land Planning Act and how it applies to actual life.
The Framework of the National Land Planning Act: Understanding Key Terms (Article 2)
To properly understand the National Land Planning Act, it is essential to first learn the important terms described in Article 2. These terms form the core concepts of the law.
First, it is important to grasp the hierarchy of plans. At the top level is the national plan established by central administrative agencies, followed by a metropolitan urban plan that outlines the long-term development direction by integrating two or more cities. Finally, there is the urban and county plan, which serves as the basic plan for specific cities or counties. This helps in understanding the structure of land planning.
Urban and county plans are divided into two main categories. The first is the basic urban and county plan, which is a comprehensive plan that presents the long-term development direction and fundamental spatial structure for a specific region. This basic plan plays an important role as a guideline for developing subordinate plans.
The second is the urban and county management plan. This plan is a legal plan that directly regulates citizens’ land use activities and is an important document where actual application takes place. These two plans act as essential elements for regional development.
| Classification (Article) | Key Definition | Main Contents and Features |
| National Plan (14) | A plan established by central administrative agencies | Includes issues determined by urban and county management plans. |
| Metropolitan Urban Plan (1) | Long-term development direction of specified metropolitan planning areas | - |
| Urban and County Plan (2) | Spatial structure and development direction of the jurisdiction (special, metropolitan, city, county) | Divided into basic urban and county plans and urban and county management plans. |
| ⬆︎Basic Urban and County Plan (3) | Basic spatial structure and long-term development direction of the jurisdiction | - Comprehensive plan - Guidelines for developing urban and county management plans. |
| ⬆︎Urban and County Management Plan (4) | Implementation plan for the development, maintenance, and conservation of the jurisdiction | - Specific plans regarding land use, traffic, environment, safety, etc. - (Main contents) Designation of land use zones/districts/areas, installation of infrastructure, urban development projects, district unit plans, etc. |
Urban and county management plans are specific implementation measures prepared for the development, maintenance, and protection of land. These plans include the establishment of land use zones and districts, designation of development restriction areas, installation of infrastructure, urban development projects, and district unit plans.
District unit plans are detailed management measures established to rationalize land use and enhance functionality in specific areas. Recently, new concepts such as urban innovation plans or mixed-use plans have been introduced for creative and diverse land utilization.
These various plans contribute to promoting the sustainable development of cities and the efficient management of resources.
| Classification (Article) | Key Definition | Main Contents and Features |
| District Unit Plan (5) | Manages a part of the area subject to the establishment of urban and county plans | - Aimed at land use rationalization, functional enhancement, and aesthetic improvement. - A type of urban and county management plan (4). |
| Growth Management Plan (5-3) | Prevents disorderly development in 'growth management plan areas' and encourages planned development | - |
| Spatial Restructuring Plan (5-4) | Plans established for efficient management of land use zones | Relaxation of land use and building purpose, coverage ratio, floor area ratio, height, etc. |
| ⬆︎Urban Innovation Plan (5-5) | Plans governing restrictions on land use in 'urban innovation areas' | - A type of urban and county management plan (4) determined by the spatial restructuring plan (5-4). |
| ⬆︎Mixed-use Plan (5-6) | Plans governing restrictions on buildings in 'mixed-use zones' | - A type of urban and county management plan (4) determined by the spatial restructuring plan (5-4). |
Let’s look at the terms related to facilities and projects.
Infrastructure includes facilities essential for the daily lives of citizens, such as roads, parks, schools, water supply, and electricity. Among these, those determined by urban and county management plans are specifically referred to as urban and county planning facilities. The projects for the installation and maintenance of these urban and county planning facilities are called urban and county planning facility projects.
Moreover, urban and county planning projects encompass a broad concept including not only such facility projects but also urban development projects and maintenance projects. These diverse terms and concepts play a crucial role in urban development and improving the quality of life for citizens.
| Classification (Article) | Key Definition | Main Contents and Examples |
| Infrastructure (6) | Basic facilities required for urban activities | (7 categories) transportation, space, distribution/supply, public/cultural sports, disaster prevention, health and hygiene, environmental basic facilities |
| ⬆︎Urban and County Planning Facility (7) | Facilities designated by urban and county management plans (6) | (Examples: roads and parks determined by urban planning) |
| ⬆︎Metropolitan Facility (8) | Facilities among basic infrastructures (6) that require a metropolitan maintenance system | - Facilities that span multiple jurisdictions (e.g., highways) - Facilities used jointly (e.g., metropolitan airports) |
| Joint Underground (9) | Underground facility that accommodates underground utilities | Electricity, gas, water supply, communications, etc. (corresponds to distribution/supply facilities among infrastructures) |
| Public Facilities (13) | Public facilities such as roads, parks, railways, and water supply | - |
| Urban and County Planning Projects (11) | Projects for implementing urban and county management plans (4) | 1. Urban and county planning facility projects (10) 2. Urban development projects under the Urban Development Act 3. Maintenance projects under the Urban Maintenance Act |
| ⬆︎Urban and County Planning Facility Project (10) | Projects for installing, maintaining, and improving urban and county planning facilities (7) | - |
| Urban and County Planning Project Implementer (12) | A person who conducts urban and county planning projects (11) | - |
Types and Subcategories of Infrastructure
| Major Categories (7 types) | Detailed Facilities (Regulations Article 2 Paragraphs 1 and 2) |
| 1. Transportation Facilities | • Roads (detailed) • Railways • Ports • Airports • Parking lots • Bus stops (detailed) • Tracks • Vehicle inspection and licensing facilities |
| [Subcategories of Roads] a. General roads b. Major highways c. Pedestrian roads d. Pedestrian priority roads e. Bicycle lanes f. Overpasses g. Underpasses [Subcategories of Bus Stops] a. Passenger car terminals b. Logistics terminals c. Public parking lots d. Shared parking lots e. Truck rest areas f. Transfer centers g. Transfer centers | |
| 2. Space Facilities | • Squares (detailed) • Parks • Green spaces • Amusement parks • Public spaces |
| [Subcategories of Squares] a. Traffic squares b. General squares c. Scenic squares d. Underground squares e. Building attached squares | |
| 3. Distribution/Supply Facilities | • Distribution facility equipment • Water supply • Electricity • Gas • Heat supply facilities • Broadcast and communication facilities • Joint underground • Markets • Oil storage and pipeline facilities |
| 4. Public/Cultural Sports Facilities | • Schools • Public offices • Cultural facilities • Sports facilities recognized as public necessity • Research facilities • Social welfare facilities • Public vocational training facilities • Youth training facilities |
| 5. Disaster Prevention Facilities | • Rivers • Water retention areas • Reservoirs • Fire prevention facilities • Windbreak facilities • Waterproofing facilities • Slope protection facilities • Embankment facilities |
| 6. Health and Hygiene Facilities | • Burial facilities • Slaughterhouses • Comprehensive medical facilities |
| 7. Environmental Basic Facilities | • Sewage systems • Waste treatment and recycling facilities • Rainwater storage and use facilities • Water pollution prevention facilities • Abandoned vehicle processing plants |
There are several methods for regulating land use. The first is the land use zone, which specifies the types of land use, building coverage ratio, floor area ratio, etc., and is the most basic criterion. They are set to avoid overlapping.
The second is the land use district, which strengthens or relaxes existing land use zone regulations to enhance their functionality. Finally, there are use zones, which are established to achieve specific purposes by adjusting the restrictions of land use zones and land use districts again. These regulations are essential factors in land use.
| Classification (Article) | Key Definition | Purpose and Features |
| Land Use Zone (15) | Restrictions on land use and building purposes, building coverage ratio, floor area ratio, height, etc. | - Promotes economic and efficient use of land. - Cannot be designated to overlap. (Basic foundation) |
| Land Use District (16) | Strengthens or relaxes restrictions on land use zones | - Enhances functionality, aesthetics, and safety of land use zones. - Can be designated to overlap. |
| Use Zone (17) | Strengthens or relaxes restrictions on land use zones and land use districts | - Prevents urban sprawl, promotes planned land use, etc. - Can be designated to overlap (e.g., development restriction areas, urbanization control areas, etc.). |
To effectively manage development activities, specific zones are established.
The first is the development density management zone, which is designated in areas expected to have insufficient infrastructure and plays the role of strengthening the building coverage ratio or floor area ratio.
In contrast, the infrastructure burden zone is an area outside the development density management zone where the installation of infrastructure is required for development. In this area, developers are required to bear the costs of infrastructure installation.
Establishing these zones plays a crucial role in promoting the sustainable development of the local community.
| Classification (Article) | Key Definition | Designated Target and Regulation/Imposition Contents |
| Development Density Management Zone (18) | Areas expected to lack infrastructure due to development but are difficult to install in | Strengthened building coverage ratio or floor area ratio is applied. |
| Infrastructure Burden Zone (19) | An area outside the development density management zone (18) where installation of infrastructure is required due to development | Requires installation of infrastructure or securing necessary land. |
| ⬆︎Infrastructure Installation Cost (20) | Amounts imposed and collected during new or expanded construction activities in the infrastructure burden zone (19) | - |
The Four Classifications of National Land: Understanding Land Use Zones (Article 6)
According to Article 6 of the National Land Planning Act, the entire national land is managed by dividing it into four land use zones. This provides the basic structure for land use, and all lands must fall into one of these four zones.
Urban areas are regions where population and industry are concentrated or are likely to concentrate in the future, requiring systematic development and management. Most areas we recognize as urban generally fall into this category. This area is further subdivided into residential, commercial, industrial, and green spaces for systematic land use management.
On the other hand, management areas act as a 'buffer zone' between urban areas, agricultural and forestry areas, and natural environment conservation areas. This area is divided into planning management areas that need to be managed similarly to urban areas, and production management areas and conservation management areas that require management similar to agricultural and forestry areas and natural environment conservation areas. Such distinctions play a crucial role in maintaining a balance between regional development and preservation.
Agricultural and forestry areas are categorized into agricultural promotion areas and conservation lands that do not belong to urban areas, and these areas are established for the advancement of agriculture and forestry, as well as forest protection. These areas prioritize conservation over development.
Natural environment conservation areas are designated as the most strictly protected land use zone, aimed at preserving the natural environment, water resources, coastlines, ecosystems, water sources, and cultural heritage. Development activities in this area are essentially strictly restricted.
National or local governments have a legal obligation to establish measures necessary for the development, maintenance, and preservation in accordance with the purpose of each land use zone. Through this, efforts are made to achieve sustainable environmental management and resource protection.
Maintaining Consistency of National Land: Article 8 (Restrictions on Designation of Zones According to Other Laws)
Although the National Land Planning Act has established itself as a fundamental law for land management in the country, there are actually hundreds of land use-related laws existing in various departments. If these laws establish zones arbitrarily without respecting the framework of the National Land Planning Act, it could lead to confusion in national land management.
To prevent such confusion, Article 8 serves as an important safety device. This provision states that when the head of a central administrative agency or the head of a local government designates a zone related to land use according to another law, the purpose must align with the designation principles of land use zones, districts, and areas set out in the National Land Planning Act.
This regulation helps maintain consistency in land use and minimizes conflicts between different laws. It is an essential mechanism for respecting the framework of the National Land Planning Act and effectively managing land.
Control devices based on scale are especially important. Article 5 of the National Land Planning Act Enforcement Ordinance elaborates on these criteria. If the head of a central administrative agency or a local government mayor wishes to designate an area larger than the area specified by presidential decree, they must consult or obtain approval from the Minister of Land, Infrastructure and Transport. Here, the "area specified by presidential decree" is typically equivalent to 1 square kilometer, while urban development zones under the Urban Development Act are set at 5 square kilometers.
Furthermore, even if the area designated by the local government head is smaller than this reference area, according to Article 5 Paragraph 3 of the enforcement ordinance, if changes less than 5 square kilometers do not undergo review by the city/provincial urban planning committee, the mayor or county head must obtain approval from the provincial governor. These procedures play a crucial role in systematic urban development.
When certain zones aimed at conservation, such as agricultural promotion areas or water source protection zones, have already been included in the basic urban and county plans, consultation or approval procedures are exempted in such cases. Furthermore, according to Article 5 Paragraph 5 of the enforcement ordinance, it can also be noted that minor changes within 10% of the approved area will also omit procedures. These regulations contribute to increasing efficiency by simplifying administrative procedures.
Preventing the Traps of 'Deemed Processing': Article 9 (Restrictions on Changing Urban and County Management Plans According to Other Laws)
Article 9 serves as a device to reinforce the regulations of Article 8, aiming to prevent the abuse of the 'deemed' clause. Here, 'deemed' refers to a legal concept that certain actions are considered as having been performed if specific acts are conducted. For instance, under certain laws, it could be stipulated that “if the implementation plan for the OO project is approved, it is deemed that the urban and county management plan has been established under the National Land Planning Act.” Such provisions contribute to clarifying the interpretation of laws and reducing unnecessary confusion.
If such deemed clauses were to operate without limit, there would be a risk of urban and county management plans being easily compromised by various special laws. To prevent this, Article 9 states that when the head of a central administrative agency or a local government mayor permits or approves plans that include deemed changes to urban and county management plans under other laws, they must undergo review by the Central Urban Planning Committee or the Local Urban Planning Committee. This institutional mechanism allows the urban planning committee, composed of national land planning experts, to reassess whether the proposed changes align with the overall national land planning framework. This enhances the stability of urban planning and pursues more systematic national land development.
Article 6 of the National Land Planning Act Enforcement Ordinance specifies detailed content on the review targets.
The following situations require review by the Central Urban Planning Committee: when the head of a central administrative agency establishes plans that deem changes to land use zones, districts, or areas of 300,000 square meters or more, and when the head of a local government decides on plans that deem changes of 5 square kilometers or more.
Cases that need to be reviewed by the Local Urban Planning Committee occur when the head of a local government establishes plans that deem changes of 300,000 square meters or more but less than 5 square kilometers.
These procedures are essential to prevent large-scale development projects, which significantly impact urban and county management plans, from proceeding outside the regulations of the National Land Planning Act.
The National Land Planning Act: Complex but Essential Order
The National Land Planning Act is not merely a land regulation bill. It is a systematic approach to efficiently utilize limited land resources and achieve a balance between development and conservation. Such laws pursue sustainable development by considering social demands and environmental factors.
Article 2 sets the fundamental language of this system, while Articles 8 and 9, along with Articles 5 and 6 of the enforcement ordinance, play crucial roles in maintaining consistency in land management. Through this, it prevents development congestion and planning chaos caused by numerous laws, adhering to the core principle of 'planning before development.' Understanding this legal framework is a very important first step in recognizing the current situation and future of national land in South Korea.
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Frequently Asked Questions (FAQ)
Q. Why is the National Land Planning Act important to our lives?
The National Land Planning Act is essential for preventing indiscriminate development and ensuring sustainable land use and environmental protection.
The National Land Planning Act systematically manages land and national territory to prevent indiscriminate development. This enables environmental conservation and efficient resource utilization, thereby protecting citizens' living environments and contributing to the overall improvement of quality of life. It is an important law that harmonizes the interests of individuals and the public based on social consensus.
Q. What does Article 2 of the National Land Planning Act contain?
Article 2 defines the key terms of the National Land Planning Act and the basic framework of the planning system.
Article 2 establishes the hierarchy of plans, including national plans, metropolitan urban plans, and urban and county plans, clarifying important concepts. This definition is essential for understanding the essence of the law and how the National Land Planning Act systematically manages land use and urban development.
Q. How is the entire national territory classified into four land use zones?
According to Article 6 of the National Land Planning Act, it is categorized into urban areas, management areas, agricultural and forestry areas, and natural environment conservation areas.
Urban areas are subdivided into residential, commercial, industrial, and green spaces requiring concentrated development and management. Management areas serve as a buffer between urban and agricultural/natural conservation areas, divided into planning management, production management, and conservation management regions. Agricultural and forestry areas are aimed at promoting agriculture and protecting forests, while natural environment conservation areas are strictly managed to protect nature and cultural properties, with development being restricted.
Q. What does Article 8 of the National Land Planning Act regulate?
Article 8 regulates that designations under other laws must align with the National Land Planning Act.
If various government agencies arbitrarily designate land use-related zones, confusion can arise in national land management, which Article 8 seeks to prevent. Designations based on other laws must align with the intent of designating land use zones, districts, and areas according to the National Land Planning Act, requiring approval and consultation regarding the size and procedure.
Q. What is the 'deemed processing' in Article 9 of the National Land Planning Act, and why is it important?
'Deemed processing' refers to considering a specific legal action as having been performed with the key point of preventing abuse.
Article 9 mandates that plans including deemed changes to urban and county management plans under other laws must go through the review of the urban planning committee, protecting the independence and consistency of the plans. If deemed processing is abused indiscriminately, there is a risk that urban planning could be compromised, making this a crucial provision for ensuring balanced and stable national land management.
