Government legislation ministry rules revenue facilities count as convenience amenities

The Ministry of Government Legislation said May 6 that revenue-generating facilities installed within sports complexes are legally classified as convenience facilities under the old Rules on Decision, Structure and Installation Standards of Urban and County Planning Facilities. The interpretation confirms these installations align with amenities intended to promote user convenience.

The ruling addresses an inquiry on whether such facilities qualify as convenience facilities under Article 6-2(1)2 of the old rules. The ministry concluded they serve a purpose of providing fiscal support to improve operating conditions. "Revenue facilities are installations with a subsidiary special purpose for fiscal support to improve operating conditions among convenience facilities," the ministry stated in its response.

Revised regulations prohibiting exclusive use by specific individuals apply to pending implementation plan changes, regardless of when initial committee deliberations occurred. Any attempt to approve detailed construction plans after the rule amendment must satisfy the requirement that the space remains accessible to the general public without preferential treatment. This application of the new rule stems from the Framework Act on Administrative Procedures, which mandates that dispositions follow laws in effect at the time of approval unless specific transitional measures exist.

The decision rejects arguments that revenue facilities constitute a separate category distinct from main, auxiliary or convenience facilities. The ministry noted that urban planning facilities consist solely of main, auxiliary, and convenience facilities, making the classification of revenue facilities as a separate entity legally untenable.

The interpretation stems from an inquiry submitted by a private citizen concerning rules prior to their partial revision by Ministry of Land, Infrastructure and Transport Decree No. 1474 on April 3, 2025.