REQUISITION ACT
Act No. 1336, May 1, 1963
Amended by Act No. 1838, Oct. 5, 1966
Act No. 2263, Dec. 31, 1970
Act No. 2345, Oct. 7, 1972
Act No. 2386, Dec. 26, 1972
Act No. 3527, Dec. 31, 1981
Act No. 5454, Dec. 13, 1997
Act No. 8319, Mar. 29, 2007
Act No. 10100, Mar. 17, 2010
Act No. 12565, May 9, 2014
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the requisition of land, goods, facilities and rights required to carry out military operations in time of war, a national emergency or under a state of emergency corresponding thereto, and compensation therefor.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
The terms used in this Act shall be defined as follows:
| 1. | The term "requisition officer" means a person who has the authority to issue a writ of requisition and enable the performance of requisition possible; |
| 2. | The term "requisition performance officer" means a person who executes requisition with a writ of requisition. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
CHAPTER Ⅱ REQUISITION AND CANCELLATION
| Article 3 (Requisition Officer) |
| (1) | The Minister of National Defense shall be the requisition officer: Provided, That in the area where the emergency martial law has been proclaimed, the martial law commander exercising jurisdiction over the area shall be the requisition officer. |
| (2) | The requisition officer may delegate his/her authority to any person prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 4 (Requisition Performance Officer) |
The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, the head of a Si/Gun or the chief of a police station who has jurisdiction over the location of the subject matter of requisition or a residental area of the owners or occupants thereof shall be the requisition performance officer: Provided, That when it is inevitable for military operations, the requisition officer may appoint the requisition performance officer among officers on active service.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 5 (Subject Matter of Requisition) |
The subject matter of requisition shall be classified into movables, immovables and rights which fall under any of the following subparagraphs, and movables shall be classified into consumable movables and non-consumable movables:
| (a) | Food, foodstuffs and potable water; |
| (b) | Medical and pharmaceutical goods; |
| (c) | Materials for construction and fortification; |
| (f) | Communications devices; |
| (g) | Other consumables indispensable to military operations; |
| 2. | Non-consumable movables: |
| (a) | Vessels, airplanes, vehicles and other transportation equipment and parts and accessories thereof; |
| (b) | Medical equipment and instruments, and parts and accessories thereof; |
| (c) | Printing machines, and parts and accessories thereof; |
| (d) | Communications equipment and apparatus, and parts and accessories thereof; |
| (e) | Machines for manufacturing and processing clothes, and parts and accessories thereof; |
| (f) | Construction equipment, and parts and accessories thereof; |
| (h) | Other non-consumable goods, such as facilities and equipment, indispensable to military operations; |
| (c) | Artificial structures; |
| (a) | Patent rights indispensable to military operations; |
| (b) | Other rights concerning property prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
Accessories to the subject matter of requisition may be commandeered along with the subject matter.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 7 (Procedures for Performance of Requisition) |
| (1) | Where the requisition officer intends to requisition, he/she shall issue a writ of requisition to the requisition performance officer and cause the latter to perform it. |
| (2) | The requisition performance officer, upon receipt of a writ of requisition pursuant to paragraph (1), shall issue a notice of performance of requisition to the owner, occupant or administrator (hereinafter referred to as "person subject to requisition"), of the subject matter of requisition. The same shall also apply to cases where he/she has received a writ of requisition by telegraph pursuant to Article 8. |
| (3) | Any person who receives a notice of performance of requisition pursuant to paragraph (2) may, where he/she finds a mark of the subject matter of requisition is different from the case, request the requisition officer through the requisition performance officer to correct such before a certificate of requisition pursuant to Article 12 (1) is issued on the subject matter of requisition. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 8 (Requisition in Remote and Distant Areas) |
| (1) | When the requisition officer deems that time is insufficient to issue a writ of requisition due to the imminence of a situation, or that a writ of requisition cannot be delivered until the required date due to the remoteness of the location, he/she may cause the requisition performance officer to perform requisition by telegraph, notwithstanding Article 7. |
| (2) | When the requisition performance officer has received a telegraph pursuant to paragraph (1), he/she shall perform requisition immediately. |
| (3) | In cases referred to in paragraph (1), the requisition officer shall issue and deliver a writ of requisition to the requisition performance officer immediately after the former causes the latter to perform such requisition. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 9 (Duty to Present Subject Matter of Requisition) |
| (1) | When any person subject to requisition has received notice of performance of requisition pursuant to Article 7 (2), he/she shall present the subject matter of requisition to a designated place by the designated date: Provided, That where the subject matter of requisition is real estate or a right, he/she shall hand over title to the subject matter to the requisition performance officer by the designated date. |
| (2) | Expenses incurred in presenting or transferring the subject matter of requisition pursuant to paragraph (1) shall be borne by the State. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 10 (Restrictions on Lending, Transfer or Alterations of Original State of Subject Matter of Requisition) |
The subject matter of requisition shall not be lent or transferred, or its original state shall not be altered without permission of the requisition officer, from the date of issue of a notice of performance of requisition to the date when its transfer to the requisition officer is completed pursuant to Article 11. [This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 11 (Receipt of Subject Matter of Requisition) |
When the requisition performance officer has received or acquired the subject matter of requisition, he/she shall immediately issue to a person subject to requisition a receipt of the requisitioned subject matter and hand over the subject matter of requisition to the requisition officer.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 12 (Delivery, etc. of Certificate of Requisition) |
| (1) | When the requisition officer has received the subject matter of requisition from the requisition performance officer pursuant to Article 11, he/she shall investigate its form, tax base, price and other necessary matters and issue a certificate of requisition to the person subject to requisition without delay, as prescribed by Presidential Decree. |
| (2) | Where the requisition officer deems that a request for correction under Article 7 (3) has reasonable grounds, he/she shall deliver a certificate of requisition concerning the subject matter of requisition with the correction therof. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 13 (Report of Requisition) |
The requisition performance officer shall report to the requisition officer the result of the performance of a writ of requisition.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 14 (Restoration to Original State) |
The requisitioned subject matter, except for consumable movables, shall be maintained in its original state, and when returning it to any person subject to requisition because requisition is cancelled, the requisition officer shall return it in its original state: Provided, That this shall not apply to cases where a person subject to requisition does not wish to have any requisitioned subject matter restored to its original state or restoration to its original state is impossible on account of loss or destruction or other reasons.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 15 (Cancellation of Requisition) |
| (1) | Where it has become unnecessary to use any requisitioned subject matter or any requisitioned subject matter has been destroyed or lost, the requisition officer shall cancel requisition thereof without delay. |
| (2) | Even in cases of any requisitioned subject matter required to be used continuously, when ten years have passed from the date of the requisition, the person subject to requisition may request the Minister of National Defense to consult about purchase of the requisitioned subject matter. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 16 (Procedures for Cancellation) |
| (1) | When the requisition officer cancels requisition pursuant to Article 15, he/she shall issue and deliver a notice of cancellation of requisition and a certificate of cancellation of requisition to the requisition performance officer and have the requisition performance officer return the requisitioned subject matter to the person subject to requisition: Provided, That when it is impossible to return the requisitioned subject matter because it has been destroyed, the requisition officer shall have the requisition performance officer issue and deliver a notice of impossibility to return to the person subject to requisition. |
| (2) | When the requisition performance officer returns any requisitioned subject matter to the person subject to requisition pursuant to paragraph (1), he/she shall deliver a certificate of cancellation of the requisition. |
| (3) | Where the requisition officer deems it necessary to protect any requisitioned subject matter, he/she may deliver a certificate of cancellation of requisition and return the requisitioned subject matter directly to the person subject to requisition. In such cases, the requisition officer shall notify the requisition performance officer of such intent without delay. |
| (4) | Expenses incurred in return of requisitioned subject matter pursuant to paragraphs (2) and (3) shall be borne by the State. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 17 (Prior Investigation of Subject Matter of Requisition) |
| (1) | The Minister of National Defense may make necessary investigation on the subject matter of requisition, as prescribed by Presidential Decree. |
| (2) | No one shall refuse or interfere with an investigation referred to in paragraph (1) without justifiable grounds. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 18 (Restrictions on Compulsory Performance) |
The compulsory performance on any requisitioned subject matter may be conducted only in cases where the compulsory performance has no influence on the usability of such subject matter.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
CHAPTER Ⅲ COMPENSATION FOR REQUISITIONED SUBJECT MATTER
| Article 19 (Compensation) |
| (1) | When consumable movables have been requisitioned, fair compensation shall be made to a person subject to requisition. |
| (2) | When non-consumable movables or real estate have been requisitioned, fair rental shall be paid. |
| (3) | In cases under the proviso to Article 14, when a person subject to requisition has suffered a loss, such loss shall be compensated: Provided, That this shall not apply to cases where such loss has been caused by a natural calamity, war or other force majeure. |
| (4) | Fair rental shall also be paid when a right has been requisitioned. |
| (5) | Rental pursuant to paragraphs (2) and (4) shall be paid for the use of each year in the following year and compensation pursuant to paragraph (3) shall be made within two years from the date requisition is cancelled: Provided, That where payment of compensation is delayed, compensation to which the interest according to the interest rate higher than the legal interest rate prescribed by Presidential Decree is added shall be paid. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 20 (Exclusion from Compensation) |
Where any requisitioned subject matter is state-owned property or public property, compensation therefor shall not be made, notwithstanding Article 19. [This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 21 (Standards for Compensation) |
| (1) | Rental, etc. for any requisitioned subject matter shall be fixed at the appropriate price assessed based on the officially notified land price or the actual market price of the reference land of the relevant year of use or at the time of the cancellation of requisition. |
| (2) | Detailed matters concerning standards for compensation prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 22 (Public Notice of Execution of Compensation) |
| (1) | When the Minister of National Defense makes compensation for any requisitioned subject matter, he/she shall make public announcement of the extent and date of compensation, procedures for a request for compensation and other necessary matters in advance, as prescribed by Presidential Decree: Provided, That the period of public announcement shall be ten or more days. |
| (2) | When the Minister of National Defense has decided to pay compensation for requisition, he/she shall promptly give a notice of payment of compensation for requisition to a person subject to requisition. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 22-2 (Payment of Compensation) |
| (1) | Compensation for requisitioned property shall be paid in cash, and when it is inevitable due to the financial standing of the State, it may be paid in compensation securities for requisition (hereinafter referred to as "securities") following deliberation by the State Council: Provided, That where the amount of compensation or the remaining amount thereof is below the face value of securities, compensation shall be paid in cash. |
| (2) | Where compensation is paid in securities pursuant to paragraph (1), it shall be repaid in lump sum or in installments with a period fixed within ten years, and the interest rate on the repayments, procedures for payment and the face value of securities shall be prescribed by Presidential Decree, but the interest rate on the repayments shall be higher than the legal interest rate. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 22-3 (Procedures for Payment of Compensation) |
| (1) | Any person subject to requisition who has received notice of payment of compensation for requisition under Article 22 (2) or 24 (4) shall submit such notice to the Minister of National Defense and be paid in cash from the Minister of National Defense in cases of cash compensation, and shall submit such notice to the Bank of Korea and be paid in cash or be delivered securities from the Bank of Korea in cases of securities compensation (including cases of cash compensation under the proviso to Article 22-2 (1)). |
| (2) | When the Bank of Korea has delivered securities or paid cash to a person subject to requisition pursuant to paragraph (1), the Bank of Korea shall promptly prepare two copies of a payment ledger and shall put one copy thereof in its custody and send another copy to the Minister of National Defense. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| (1) | When the Minister of National Defense or the Bank of Korea is unable to pay compensation in cash or to deliver securities to a person subject to requisition because he/she refuses to receive compensation in cash or securities or he/she fails to submit a notice of payment of compensation for requisition pursuant to Article 22 (2) or 24 (4) to the Minister of National Defense or the Bank of Korea within the period prescribed by Presidential Decree, the Minister of National Defense or the Bank of Korea shall deposit the relevant cash or securities with the deposit officer. In such cases, involving cash compensation, the Minister of National Defense shall deposit the same, and involving securities compensation (including cases of cash compensation pursuant to the proviso to Article 22-2 (1)), the Bank of Korea shall deposit the same. |
| (2) | When there are securities deposited pursuant to paragraph (1), the repayments for which have not been made, such repayments shall be deposited in the same way as paragraph (1). |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 22-5 (Invalidation of Securities) |
When the securities issued under this Act have been determined not to be paid as compensation for requisition before the securities are delivered to a person subject to requisition, the Government shall invalidate securities equivalent to such amount.
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 22-6 (Provisions Applicable Mutatis Mutandis) |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 23 (Extinctive Prescription for Right to Claim Compensation) |
The extinctive prescription for the right to claim compensation shall expire unless the right to claim compensation has been exercised for five consecutive years from the date on which the period of public announcement pursuant to Article 22 (1) expires. [This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 24 (Council of Deliberation on Compensation for Requisition) |
| (1) | The Council of Deliberation on Compensation for Requisition shall be established within the Ministry of National Defense to assess and adjust the rates of compensation. |
| (2) | Matters concerning the organization and operation of the Council of Deliberation on Compensation for Requisition and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Any person who has an objection to compensation may file an application for reexamination with the Council of Deliberation on Compensation for Requisition, as prescribed by Presidential Decree: Provided, That the Council of Deliberation on Compensation for Requisition shall reexamine and decide thereon within 60 days from the date on which it receives an application for reexamination. |
| (4) | Article 22 (2) shall also apply mutatis mutandis to a decision following reexamination pursuant to paragraph (3). |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 24-2 (Transposition System Before Litigation) |
No one shall appeal a claim for payment of compensation for requisition unless he/she received notice of a decision on payment of compensation for requisition from the Minister of National Defense and has gone through formalities of a reexamination pursuant to Article 24 (3): Provided, That this shall not apply to cases where he/she has not been given notice of a decision on payment of compensation for requisition by the date prescribed in the main sentence of Article 19 (5) or 60 days have passed from the date when he/she applies for a reexamination. [This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 24-3 Deleted. <by Act No. 10100, Mar. 17, 2010> |
| Article 24-4 (Legal Fiction of Conclusion of Judicial Compromise) |
Where a case falls under any of the following subparagraphs, a judicial compromise under the Civil Procedure Act on payment of compensation for requisition between a person subject to requisition and the State shall be deemed to have been concluded: | 1. | When he/she is paid in cash or is delivered securities pursuant to Article 22-3 (1); |
| 2. | When he/she receives cash or securities deposited from the deposit officer pursuant to Article 22-4 (1). |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 25 Deleted. <by Act No. 10100, Mar. 17, 2010> |
CHAPTER Ⅳ PENAL PROVISIONS
| Article 26 (Penal Provisions) |
| (1) | Any person who receives compensation pursuant to this Act by fraud or other improper means shall be punished by imprisonment for not more than seven years. <Amended by Act No. 12565, May 9, 2014> |
| (2) | An attempted offender under paragraph (1) shall be punished. |
| (3) | In cases under paragraph (1), a fine not exceeding three times the amount compensated may be imposed concurrently. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 27 (Penal Provisions) |
Any person who violates Articles 9 (1) and 17 (2) shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 12565, May 9, 2014> [This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
| Article 28 (Penal Provisions) |
| (1) | Any person who violates Article 10 shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 12565, May 9, 2014> |
| (2) | An attempted offender under paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 10100, Mar. 17, 2010]
ADDENDA
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | "Special Measures Decree Concerning Requisition, Presidential Emergency Order No. 6." is herewith repealed. |
| (3) | Subject matter requisitioned according to the Acts and subordinate statutes in force as at the time this Act enters into force shall be regarded to have been requisitioned in accordance with this Act. In such cases, matters concerning the procedures for compensation for the subject matter requisitioned shall be provided for in Presidential Decree, and the requisition of privately owned property among the subject matter requisitioned shall be lifted by December 31, 1971, notwithstanding Article 15 (2) and property, the requisitions of which is not lifted, shall be purchased by the State within the said time. <Amended by Act No. 1838, Oct. 5, 1966> |
| (4) | For the purpose of ascertaining the status of requisitioned property, which have not been confirmed as at the time this Act enters into force, the Minister of National Defense shall have the person, the property of whom is or was requisitioned, report necessary matters, and shall ascertain a final status of the requisitioned property requiring compensation: Provided, That the period of reporting shall be stipulated in Presidential Decree. |
| (5) | With regard to the property reported in accordance with the provisions of the foregoing paragraph, the Minister of National Defense shall notify the pertinent person, the property of whom is or was requisitioned, as to whether a decision has been made on compensation. As for the property for which compensation is not to be made, reasons thereof shall be stated additionally. |
| (6) | When the person, the property of whom is or was requisitioned, has not made a report as prescribed in paragraph (4) of this Addenda, the right to request compensation for the property affected shall be extinguished, notwithstanding Article 23. |
| (7) | Requisition of private property among requisitioned subject matter administrated by the Armed Forces according to Acts and subordinate statutes in force as at the time this Act enters into force shall be lifted by December 31, 1973, notwithstanding Article 15 (2), and the property not lifted of its requisition shall be purchased by the State within the said time. |
[Newly Inserted by Act No. 2345, Oct. 7, 1972]
ADDENDUM <Act No. 1838, Oct. 5, 1966>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2263, Dec. 31. 1970>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2345, Oct. 7, 1972>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2386, Dec. 26, 1972>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3527, Dec. 31, 1981>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1982. |
| (2) | (Transitional Measures) Matters concerning compensation for the requisitioned property as at the time this Act enters into force shall be dealt with according to the previous provisions. |
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 8319, Mar. 29, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 10100, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12565, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation.