SOUTH KOREA Law and Practice Contributed by: Hyeon Kang, Tae Kyoon Kim, Seungil Hong and Sung-Ho Moon, Bae, Kim & Lee LLC
4.4 Obtaining Entitlements to Develop a New Project To develop a new project or a reconstruction/ redevelopment project, certain permits, approv - als and licences must be obtained in accordance with the relevant laws (ie, the Urban Develop - ment Act, the Housing Act, the Building Act, the Act on the Ownership and Management of Aggregate Buildings, the AMIUADCR, etc). The specific processes for obtaining such enti - tlements vary depending on the relevant law. Generally, an application for entitlements will be submitted to the relevant government authority, in accordance with the requirements and pro - cesses set forth in the relevant laws, and the rel - evant government authority will then grant such entitlements if the application complies with the relevant city management plan and the restric - tions under the Building Act and other regula - tions. Third-Party Objections In general, a third party does not have the right to object to such developments, unless such third party’s rights have been infringed by such devel - opment. Under Supreme Court precedent, rights are infringed only if there is a “legally protected interest”, which means individual, direct and specific interest protected by the law underlying the applicable government decision and other relevant laws. In addition, a third party who has suffered losses or injury (ie, noise, infringement of the right to light, ground subsidence, etc) due to the con - struction work for such development may seek suspension of such construction work or claim damages for losses suffered.
4.5 Right of Appeal Against an Authority’s Decision
An applicant for permits, approvals or licences may appeal the authority’s decision regarding the application (ie, a decision rejecting an appli - cation or a decision not fully granting permis - sion) by bringing an administrative suit. Furthermore, a third party whose legal rights are infringed by the decision may also appeal the decision. However, an appeal seeking the cancellation of a decision by an administrative agency must be brought within 90 days of the appellant becom - ing aware of the decision or within one year of A government authority must consult other government authorities or agencies that will be affected by the permits/approvals being sought, before such permits/approvals are issued. That said, whether it is possible or necessary to enter into separate agreements with government enti - ties or utility suppliers and what kinds of agree - ments are typical may vary depending on the specific law applicable to each development project. For an example of an agreement that may be entered into, please refer to 2.8 Permit- ted Uses of Real Estate under Zoning or Plan- ning Law . 4.7 Enforcement of Restrictions on Development and Designated Use If a developer who has obtained permits/ approvals does not carry out the development in accordance with such permits/approvals, or does not adhere to the prescribed conditions, the relevant government authority may cancel such permits/approvals. the decision, whichever is earlier. 4.6 Agreements With Local or Governmental Authorities
833 CHAMBERS.COM
Powered by FlippingBook