SOUTH KOREA Law and Practice Contributed by: Hyeon Kang, Tae Kyoon Kim, Seungil Hong and Sung-Ho Moon, Bae, Kim & Lee LLC
opment and use of land by promulgating local ordinances. The NLPUA provides a basic framework for planning regarding the use, development and preservation of national land and the imple - mentation of such plans. Under this framework, MOLIT devises the national land plan, in accord - ance with which the regional plan, urban mas - ter plan and city management plan are devised by governors, mayors and other heads of local governments. The city management plan contains a detailed zoning plan covering certain areas of the city. In addition, the city management plan and related local regulations restrict granting development permits or building permits in certain areas where development activities and/or building works could seriously pollute or damage the sur - rounding environment, scenery, historic build - ings, cultural heritage, etc. 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 “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 the decision, whichever is earlier.
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