ENFORCEMENT DECREE OF THE ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS
Presidential Decree No. 17854, Dec. 30, 2002
Amended by Presidential Decree No. 18146, Nov. 29, 2003
Presidential Decree No. 18147, Nov. 29, 2003
Presidential Decree No. 18207, Dec. 30, 2003
Presidential Decree No. 18580, Nov. 3, 2004
Presidential Decree No. 19206, Dec. 28, 2005
Presidential Decree No. 19409, Mar. 24, 2006
Presidential Decree No. 19463, Apr. 28, 2006
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 20771, Apr. 17, 2008
Presidential Decree No. 21445, Apr. 21, 2009
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 21818, Nov. 10, 2009
Presidential Decree No. 21881, Dec. 14, 2009
Presidential Decree No. 21904, Dec. 24, 2009
Presidential Decree No. 23073, Aug. 11, 2011
Presidential Decree No. 23425, Dec. 28, 2011
Presidential Decree No. 24209, Nov. 27, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24544, May 28, 2013
Presidential Decree No. 25023, Dec. 24, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25104, Jan. 17, 2014
Presidential Decree No. 25339, Apr. 29, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25883, Dec. 23, 2014
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26762, Dec. 28, 2015
Presidential Decree No. 26867, Jan. 6, 2016
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27471, Aug. 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27473, Aug. 31, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27972, Mar. 29, 2017
Presidential Decree No. 28136, jun. 20, 2017
Presidential Decree No. 28806, Apr. 17, 2018
Presidential Decree No. 29916, jun. 25, 2019
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 2 (Verification of Results of Disposition Made in Response to Request for Improvement) |
[This Article Newly Inserted by Presidential Decree No. 29916, Jun. 25, 2019]
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| (1) | A document specified in Article 6 of the Act shall be delivered to the person who shall be served with the document or by other means prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | In any of the following cases, a document specified in paragraph (1) may be served by public notice: |
| 1. | Where the identity of the person who shall be served is not known; |
| 2. | Where the domicile or abode of the person who shall be served or other place to which the document shall be served is not known; |
| (4) | A person who intends to effect service by public notice pursuant to paragraph (3) shall forward the relevant document to the head of the Si [including the head of an administrative city under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (hereinafter referred to as "administrative city"); the same shall apply hereafter in this Article], Gun, or Gu (including the head of a non-autonomous Gu; the same shall apply hereafter in this Article) having jurisdiction over the location of the land, etc. involved. <Amended by Presidential Decree No. 26922, Jan. 22, 2016> |
| (5) | Upon receipt of a document served pursuant to paragraph (4), the head of a Si/Gun/Gu shall post a copy of the document on the bulletin board of the Si (including an administrative city), Gun, or Gu (including a non-autonomous Gu). |
| (6) | Where the copy of a document is posted pursuant to paragraph (5), the document shall be deemed served to the person who shall be served with the document 14 days after the date of posting it. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 6 (Application for Issuance of Documents) |
A project operator who intends to apply for the issuance of documents necessary for executing public works pursuant to Article 8 (1) of the Act shall file an application (including an electronic application form) stating the following matters with the State or the competent local government: <Amended by Presidential Decree No. 27751, Dec. 30, 2016> | 1. | The name or title and domicile of the project operator; |
| 2. | The type and title of the public works involved; |
| 3. | Descriptions of the land, etc. involved; |
| 4. | Types and number of copies of the documents required; |
| 5. | Purposes of use of the documents. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 6-2 (Application for Adjudication on Compensation for Loss) |
A person who intends to apply for adjudication pursuant to Article 9 (7) of the Act shall file an application for adjudication on compensation for loss stating the following matters in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the competent Land Tribunal under Article 51 of the Act (hereinafter referred to as the "competent Land Tribunal"): | 1. | Names or titles and domiciles of the applicant for adjudication and the opposite party; |
| 2. | The type and name of the public works involved; |
| 3. | The fact that a loss has been incurred to the person; |
| 4. | The amount of compensation for the loss and the details thereof; |
| 5. | Details of arrangement thereon. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
CHAPTER II ACQUISITION OR USE BY CONSULTATION
| Article 7 (Preparation of Land and Goods Protocol, etc.) |
| (1) | When a plan for public works is finalized, the relevant project operator shall draw up a site map indicating the land involved in the relevant cadastral map or forest land map under the Act on the Establishment, Management, etc. of Spatial Data. <Amended by Presidential Decree No. 26302, Jun. 1, 2015> |
| (2) | Pursuant to Article 14 (1) of the Act, a project operator shall prepare a land protocol (hereinafter referred to as "land protocol") and a goods protocol (hereinafter referred to as "goods protocol"), based on the site map drawn up in accordance with paragraph (1). |
| (3) | A project operator shall state the following matters in a land protocol: |
| 1. | Location, lot number, land category, total area, and included area of the land and the actual state of use of the land; |
| 2. | Names or titles and domiciles of the landowners; |
| 3. | Names or titles and domiciles of the persons who have any right, other than ownership, over the land and the kind and details of such right; |
| 5. | Other matters necessary for the computation of compensation for the land. |
| (4) | A project operator shall state the following matters in a goods protocol: |
| 1. | Location and lot number of the land where the goods exist (including a mining right, fishery right or riparian right; hereinafter the same shall apply); |
| 2. | Kinds, structures, standards and quantities of the goods; |
| 3. | Names or titles and domiciles of the owners of the goods; |
| 4. | Names or titles and domiciles of the persons who have any right, other than ownership, over the goods and the kind and details of such right; |
| 6. | Other matters necessary for the computation of compensation for the goods. |
| (5) | If the goods involved is a building when a project operator prepares a goods protocol, he/she shall state the total floor area of the building and the included area in the protocol in addition to the matters listed in paragraph (4) and shall attach measured floor drawings thereto: Provided, That the measured floor drawings may be substituted by the existing building drawings, if the included area actually measured conforms to the included area stated in the existing building drawings attached to the relevant building register. |
| (6) | The forms of a land and goods protocol shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 8 (Procedure and Methods for Consultation, etc.) |
| (1) | When a project operator intends to have consultations under Article 16 of the Act, he/she shall provide a written notice to each landowner and person concerned of the request for consultation on compensation in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, stating the following matters therein: Provided, That if the project operator is unable to ascertain the identification, domicile or abode of a landowner or person concerned, or other place for serving a notice, the notification of such request may be substituted by public announcement under paragraph (2). |
| 1. | The period, place, and method for consultation; |
| 2. | The time, method, and procedure for compensation and the amount of compensation; |
| 3. | Documents required for concluding a contract. |
| (2) | Public announcement under the proviso to paragraph (1) shall be made by serving documents subject to the public announcement on the head of the competent Si (including the head of an administrative city), Gun, or Gu (including the head of a non-autonomous Gu) having jurisdiction over the location of the land, etc. involved and posting them on the bulletin board and website of the Si (including an administrative city), Gun, or Gu (including a non-autonomous Gu) and the website of a project operator for at least 14 days. <Amended by Presidential Decree No. 26867, Jan. 6, 2016> |
| (3) | The consultation period mentioned in paragraph (1) 1 shall be at least 30 days, except for special circumstances. |
| (4) | A contract concluded pursuant to Article 17 of the Act shall include matters concerning termination of or amendment to the contract, recovery of the compensation, reinstatement, etc. following the termination or amendment. |
| (5) | If a project operator fails to reach an agreement within the consultation period mentioned in paragraph (1) 1, he/she shall prepare an explanatory note of the consultation stating the following matters in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall have the landowners and persons concerned affix their signatures or seals thereon: Provided, That if any landowner or person concerned refuses to affix his/her signature or seal or if it is impracticable to have a landowner or person concerned affix his/her signature or seal thereon because the project operator is unable to ascertain the identification, domicile or abode of the landowner or person concerned, or other place for serving a notice, the project operator shall not be obliged to have the landowner or person concerned affix his/her signature or seal but shall state such reason in the explanatory note of the consultation: |
| 1. | The date, place, and method of the consultation; |
| 2. | The location, lot number, land category, and area of the land involved and the types, structures, and quantity of the goods in the land; |
| 3. | The name or title and domicile of the landowner or person concerned; |
| 4. | Details of the argument of the landowner or person concerned and the project operator's opinion thereon; |
| 5. | Other matters regarding the consultation. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 9 Deleted. <by Presidential Decree No. 20771, Apr. 17, 2008> |
CHAPTER III ACQUISITION BY EXPROPRIATION OR USE
SECTION 1 Procedures for Expropriation or Use
| Article 10 (Application for Project Approval) |
| (1) | A person who intends to obtain project approval under Article 20 (1) of the Act (hereinafter referred to as "project approval") shall file an application for project approval in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "project approval application") with the Minister of Land, Infrastructure and Transport via the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), whoever is competent, stating the following matters therein: Provided, That if the project operator is the State, the head of the central administrative agency who is to execute the relevant project may file a project approval application directly with the Minister of Land, Infrastructure and Transport: |
| 1. | The name or title and domicile of the project operator; |
| 2. | The type and name of the project; |
| 3. | The planned project area; |
| 4. | Grounds for applying for the project approval. |
| (2) | A project approval application shall be accompanied by the following documents and drawings: <Amended by Presidential Decree No. 29916, Jun. 25, 2019> |
| 2. | Drawings in which the planned project area and the project plan are described; |
| 3. | Protocols, drawings, and a written opinion of the manager of the land, etc. involved, if the planned project area includes the land, etc. specified in Article 19 (2) of the Act; |
| 4. | If the use of land within the planned project area is restricted by any other statute, a written opinion of the head of the administrative agency having the authority to implement such statute; |
| 5. | Documents proving the license, authorization, or other disposition by an administrative agency for the implementation of the project or a written opinion of the head of such administrative agency, if such license, authorization, or disposition is required for the implementation of the project; |
| 6. | Documents stating the details of consultations with the landowners or persons concerned (limited to where such consultations have been made); |
| 7. | Documents stating the category of the land to be expropriated or used (where any good or right other than land is to be expropriated or used, referring to the category of land where such good or right exists); |
| 8. | A written opinion prepared by the project operator with regard to public needs of the relevant public works project, the necessity for expropriation, etc., as determined by the Central Land Tribunal. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 11 (Hearing of Opinions, etc.) |
| (1) | Upon receipt of a request from the Minister of Land, Infrastructure and Transport for consultation on project approval under Article 21 (1) of the Act, the head of a relevant central administrative agency or a Mayor/Do Governor shall present his/her opinion to the Minister of Land, Infrastructure and Transport within seven days from the date of receiving such request for consultation, except for special circumstances. <Amended by Presidential Decree No. 28806, Apr. 17, 2018> |
| (2) | When the Minister of Land, Infrastructure and Transport or a permitting, authorizing, approving authority, etc. of a public work project deemed to have project approval under Acts prescribed in attached Table of the Act intends to hear the opinions of interested parties on project approval pursuant to Article 21 (1) or (2) of the Act, he/she shall forward the copies of the project approval application (referring to a written application for permission, authorization, approval etc., for public work projects deemed to have project approval under Acts prescribed in attached Table of the Act) and relevant documents (or transmit electronic documents thereof; the same shall apply hereafter in this Article) to the head of the Si (including an administrative city; the same shall apply hereafter in this Article), Gun, or Gu (including a non-autonomous Gu; the same shall apply hereafter in this Article) having jurisdiction over the location of the land, etc. involved. <Amended by Presidential Decree No. 28806, Apr. 17, 2018> |
| (3) | Upon receipt of documents forwarded pursuant to paragraph (2), the head of a Si/Gun/Gu shall publicly announce the following matters on the bulletin board of the Si (including an administrative city), Gun, or Gu (including a non-autonomous Gu) without delay and shall make such documents available to the general public for inspection for at least 14 days from the date of such publication: |
| 1. | The name or title and domicile of the project operator; |
| 2. | The type and name of the project; |
| 3. | The planned project area. |
| (4) | When the head of a Si/Gun/Gu makes a public announcement pursuant to paragraph (3), he/she shall notify each landowner and person concerned of the details of such public announcement (or notify a landowner or person concerned thereof by electronic document, if the landowner or person concerned wants such electronic notification; the same shall apply hereafter in this paragraph), along with a statement to the effect that the landowner or person concerned may present a written opinion if he/she has any opinion thereon: Provided, That the foregoing shall not apply where the head of a Si/Gun/Gu is unable to ascertain the identification, domicile or abode of the landowner or person concerned, or other place for serving a notice. |
| (5) | A landowner and person concerned, or any other person who has an interest in project approval may present a written opinion thereon (or may present such opinion by electronic document) to the head of the competent Si/Gun/Gu during the inspection period specified in paragraph (3). |
| (6) | The head of a Si/Gun/Gu shall forward a written opinion presented pursuant to paragraph (5) to the Minister of Land, Infrastructure and Transport, or a permitting, authorizing, approving authority, etc. of a public work project deemed to have project approval under Acts prescribed in attached Table of the Act without delay after the end of the inspection period specified in paragraph (3) or shall notify the Minister of Land, Infrastructure and Transport (or shall notify by electronic document) that no written opinion has been presented, if it is the case. <Amended by Presidential Decree No. 28806, Apr. 17, 2018> |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 11-2 (Matters to be Examined) |
| 1. | Whether the relevant public works project conforms to the purpose of the governing Act, higher-tier plans, the implementation procedure, etc.; |
| 2. | Whether the project operator has financial resources and the legal status required by the governing Act of the relevant public works project and is capable of performing the project. |
[This Article Newly Inserted by Presidential Decree No. 29916, Jun. 25, 2019]
| Article 11-3 (Notice of Project Approval) |
| (1) | When the Minister of Land, Infrastructure and Transport notifies a project operator of project approval pursuant to Article 22 (1) of the Act, he/she shall also notify the project operator of the results of consultation with the Central Land Tribunal under Article 21 (1) of the Act and the written opinion of the Central Land Tribunal. |
| (2) | When the person having the authority to permit, authorize or approve a public works project, for which project approval is deemed to be granted under the Acts specified in the attached Table of the Act, designates an area or approves a project plan, for which project approval is deemed to be granted, he/she shall also notify the project operator of the results of consultation with the Central Land Tribunal under Article 21 (2) of the Act and the written opinion of the Central Land Tribunal. |
[This Article Newly Inserted by Presidential Decree No. 29916, Jun. 25, 2019]
| Article 12 (Application for Adjudication) |
| (1) | A project operator who intends to apply for adjudication pursuant to Article 28 (1) or 30 (2) of the Act shall file an application for adjudication stating the following matters with the competent Land Tribunal in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | The type and name of the public works: <Amended by Presidential Decree No. 29916, Jun. 25, 2019> |
| 2. | Grounds for project approval and the date of public notification; |
| 3. | The location, lot number, land category, and area of the land to be expropriated or used (the location, lot number, type, structure, and quantity of goods, if the goods are to be expropriated or used); |
| 4. | The location, lot number, type, structure, and quantity of goods, if such goods exist in the land to be expropriated or used; |
| 5. | The method and period of the use of land, if it is intended to use the land; |
| 6. | The names or titles and domiciles of the landowners and persons concerned; |
| 7. | The amount of compensation and the details thereof; |
| 8. | The scheduled date of the commencement of expropriation or use; |
| 9. | The name or title and domicile of the applicant and the date of application (limited to where a person applies for adjudication pursuant to Article 30 (2) of the Act); |
| 11. | The following matters regarding the land or goods for which consultation with the landowner or the persons involved has been completed: |
| (a) | The location, lot number, land category and area of the land and the details of compensation; |
| (b) | The location, lot number, category, structure and quantity of the land and the details of compensation. |
| (2) | An application for adjudication under paragraph (1) shall be accompanied by the following documents and drawings: <Amended by Presidential Decree No. 29916, Jun. 25, 2019> |
| 1. | A land or goods protocol; |
| 2. | A statement of details of arrangement; |
| 4. | Drawings describing the planned project area and the project plan; |
| (3) | A project operator who intends to pay compensation with bonds pursuant to Article 63 (7) of the Act shall submit documents proving that the relevant public works are qualified as a case for which compensation may be paid with bonds and a document describing the following matters, in addition to the documents and drawings specified in paragraph (2): |
| 1. | The amount of compensation to be paid with bonds; |
| 2. | The method and date of repayment of the principal of the bonds; |
| 3. | The interest rate of the bonds and the method and date of payment of interest. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 13 (Application for Verification of Agreement Yielded) |
| (1) | A project operator who intends to apply for the verification of an yielded agreement pursuant to Article 29 (1) of the Act shall file an application for verification of the yielded agreement in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the competent Land Tribunal, stating the following matters therein: |
| 1. | The location, lot number, land category, and area of the land on which the agreement has been yielded; |
| 2. | The location, lot number, type, structure, and quantity of the goods on which the agreement has been yielded; |
| 3. | The methods and duration of use of land or goods, if the agreement is for the use of the land or goods; |
| 4. | The names or titles and domiciles of the owners of the land or goods or the persons concerned; |
| 5. | Descriptions of the rights acquired or terminated by the agreement and the time when such rights are acquired or terminated; |
| 6. | The amount of compensation and the date of payment thereof. |
| (2) | An application for verification of the yielded agreement under paragraph (1) shall be accompanied by the following documents: |
| 1. | A written consent of the landowners and persons concerned; |
| 3. | A land or goods protocol; |
| (3) | "Matters prescribed by Presidential Decree" in Article 29 (3) of the Act mean the matters specified in the subparagraphs of paragraph (1). |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 14 (Request for Application for Adjudication, etc.) |
| (1) | A landowner or person concerned who intends to request the filing of an application for adjudication pursuant to Article 30 (1) of the Act shall file a written request for application for adjudication with the project operator, stating the following matters therein, after the end of the consultation period mentioned in Article 8 (1) 1, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | The name or title of the project operator; |
| 2. | The type and name of the public works; |
| 3. | The name or title and domicile of the landowner and person concerned; |
| 4. | The location, lot number, land category, and area of the land involved and the kinds, structures, and quantity of the goods on the land; |
| 5. | Reasons the parties failed to yield an agreement. |
| (2) | The competent Land Tribunal shall state the amount additionally payable pursuant to Article 30 (3) of the Act in a written adjudication, and the relevant project operator shall pay the amount in addition to the compensation by no later than the date of commencement of the expropriation or use. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 15 (Perusal of Application for Adjudication, etc.) |
| (1) | Upon receipt of an application for adjudication under Article 28 (1) of the Act, the competent Land Tribunal shall forward the copies of the application and relevant documents, pursuant to Article 31 (1) of the Act, to the head of the Si (including the head of an administrative city; hereafter the same shall apply in this Article), Gun, Gu (including the head of a non-autonomous Gu; hereafter the same shall apply in this Article) having jurisdiction over the location of the land, etc. involved and shall request him/her to make a public announce thereof and make such documents available to the general public for inspection. |
| (2) | Upon receipt of the documents forwarded pursuant to paragraph (1), the head of the relevant Si/Gun/Gu shall publicly announce the details of application for adjudication by posting them on the bulletin board of the Si (including an administrative city), Gun, or Gu (including a non-autonomous Gu) without delay and shall make such documents available to the general public for inspection for at least 14 days from the date of such announcement: Provided, That if the head of a Si/Gun/Gu fails to make a public announcement or to make such documents available to the general public for inspection within 14 days from the day he/she receives the request therefor, due to a natural disaster or any other emergency, the competent Land Tribunal may publicly announce the details of application for adjudication at his/her discretion (through the Official Gazette in the case of the Central Land Tribunal and through the Official Report in the case of a regional Land Tribunal) and may make the copies of the application for adjudication and the relevant documents available to the general public for inspection for at least 14 days. <Amended by Presidential Decree No. 25023, Dec. 24, 2013> |
| (3) | When the head of a Si/Gun/Gu or the competent Land Tribunal makes a public announcement pursuant to paragraph (2), he/she or it shall notify each landowner and person concerned of the details of such public announcement, along with a statement to the effect that the landowner and person concerned may present a written opinion if he/she has any opinion thereon: Provided, That the foregoing shall not apply where the head of a Si/Gun/Gu or the competent Land Tribunal is unable to ascertain the identification, domicile or abode of the landowner or relevant person, or other place for serving a notice. <Amended by Presidential Decree No. 25023, Dec. 24, 2013> |
| (4) | A landowner or person concerned may submit a written opinion to the head of the competent Si/Gun/Gu or the competent Land Tribunal (limited to the cases falling under the proviso to paragraph (2)) during an inspection period specified in paragraph (2). <Amended by Presidential Decree No. 25023, Dec. 24, 2013> |
| (5) | The head of a Si/Gun/Gu shall forward a written opinion submitted under paragraph (4) to the competent Land Tribunal without delay after the end of an inspection period specified in the main sentence of paragraph (2) or shall notify the competent Land Tribunal that no written opinion has been submitted, if it is the case. <Amended by Presidential Decree No. 25023, Dec. 24, 2013> |
| (6) | Where the competent Land Tribunal deems that any reasonal ground exists, it may accept a written opinion submitted after the end of an inspection period specified in paragraph (2), notwithstanding paragraph (4). |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 16 (Composition of Subcommittees) |
At least one member of a subcommittee of the Central Land Tribunal under Article 33 (1) of the Act shall be a public official of the Ministry of Land, Infrastructure and Transport, while at least one member of a subcommittee of a regional Land Tribunal shall be a public official of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") to which the public official belongs. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 17 (Service of Conciliation Protocol) |
Where a conciliation under Article 33 (1) of the Act has been achieved, the Central Land Tribunal or a local Land Tribunal established under Article 49 of the Act (hereinafter referred to as “Land Tribunal”) shall serve the project operator and the landowner or person concerned with the authentic copy of the conciliation protocol referred to in Article 33 (2) of the Act. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 18 (Permission for Use and Notification thereof) |
| (1) | When a project operator intends to use land pursuant to the main sentence of Article 38 (1) of the Act, he/she shall specify the type and name of the relevant public works, the area of the land that he/she intends to use, and the methods and period of use, and shall obtain permission therefor from the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu (referring to an autonomous Gu). |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 19 (Provision of Collateral) |
| (1) | The provision of a collateral under Article 39 (1) of the Act shall be made by depositing money or securities in an amount that the competent Land Tribunal approves as adequate. |
| (2) | A project operator who deposits money or securities pursuant to paragraph (1) shall submit a certificate of deposit to the competent Land Tribunal. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
SECTION 2 Effects of Expropriation or Use
| Article 20 (Deposit of Compensation) |
| (2) | If a project operator is the State, the project operator shall deposit compensation bonds issued under Article 69 (1) of the Act (hereinafter referred to as "compensation bonds") by an institution handling compensation bonds under Article 34 (2). In such cases, the issue date of compensation bonds shall be the last day of the month in which the project operator receives the compensation bonds issued by the institution handling compensation bonds under Article 34 (2), and the interest for the period from the date the compensation bonds are issued until the day immediately before the issue date of compensation bonds shall be deposited in cash. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 21 (Receipt of Compensation by Persons Who Have Succeeded to Rights) |
A person who is entitled to compensation (referring to deposit money, if such compensation is deposited; the same shall apply hereafter in this Article) under Article 40 (3) of the Act shall submit to the relevant project operator (referring to the public official in charge of depositary, if the compensation is deposited) a document proving that the person has succeeded to the right to receive the compensation. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 22 (Acquisition and Return of Collateral) |
| (1) | A landowner or person concerned who intends to acquire collateral pursuant to Article 41 (2) of the Act shall obtain confirmation thereon from the competent Land Tribunal. |
| (2) | When the competent Land Tribunal makes confirmation under paragraph (1), it shall issue a written confirmation to the landowner or person concerned. |
| (3) | A written confirmation issued under paragraph (2) shall contain the following matters, and the chairperson of the competent Land Tribunal shall print his/he name and affix his/her seal thereon: |
| 1. | The name or title and domicile of the landowner or person concerned and the project operator; |
| 2. | The fact that no compensation for a loss has been paid by the deadline for payment; |
| 3. | The amount of collateral to be acquired; |
| 4. | The serial number of the certificate of deposit under Article 19 (2) and the date of deposit. |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis where a project operator intends to recover the collateral provided pursuant to Article 39 (1) of the Act after he/she compensates a landowner or person concerned for losses. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 23 (Method of Requesting Attendance, etc.) |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 24 (Operation, Methods of Deliberation, etc.) |
| (1) | A Land Tribunal shall appoint one administrative secretary and several clerks to handle its administrative affairs. |
| (2) | The administrative secretary and clerks mentioned in paragraph (1) for the Central Land Tribunal shall be appointed by the Chairperson of the Central Land Tribunal, from among public officials of the Ministry of Land, Infrastructure and Transport, while the administrative secretary and clerks for a regional Land Tribunal shall be appointed by the chairperson of the regional Land Tribunal, from among public officials of the relevant City/Do. |
| (3) | The chairperson of a Land Tribunal may designate members in exclusive charge of deliberating an agenda to have him/her conduct a preliminary examination thereof, if such agenda is deemed particularly necessary. |
| (4) | Except as otherwise provided for in this Decree, the methods, guidelines, etc. for the operation of, and processing of documents and deliberation by, a Land Tribunal may be prescribed separately by the Land Tribunal. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 24-2 (Entrustment of Establishment and Operation of Adjudication Information System) |
| (1) | The Minister of Land, Infrastructure and Transport may entrust affairs related to establishing and operating the adjudication information system to an institution falling under any of the following in accordance with the former part of Article 60-2 (2) of the Act: |
| (2) | An institution entrusted with affairs under paragraph (1) shall conduct following affairs: |
| 1. | Developing and managing the adjudication information system, and providing security therefor; |
| 2. | Installing and managing computers, telecommunications equipment, etc., related to the adjudication information system; |
| 3. | Collecting and managing information related to the adjudication information system; |
| 4. | Producing and managing statistics related to the adjudication information system; |
| 5. | Providing education for users to operate the adjudication information system; |
| 6. | Conducting other affairs necessary for establishing and operating the adjudication information system. |
| (3) | When entrusting affairs under paragraph (1), the Minister of Land, Infrastructure and Transport shall provide a public notice of an entrusted institution and the details of entrusted affairs. |
[This Article Newly Inserted by Presidential Decree No. 28136, Jun. 20, 2017]
CHAPTER V COMPENSATION FOR LOSS
| Article 25 (Project Operators Who May Issue Bonds) |
| 1. | The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act; |
| 2. | The Korea Electric Power Corporation established under the Korea Electric Power Corporation Act; |
| 5. | The Korea Expressway Corporation established under the Korea Expressway Corporation Act; |
| 6. | The Korea National Tourism Organization established under the Korea Tourism Organization Act; |
| 9. | The Korea Rail Network Authority established under the Korea Rail Network Authority Act; |
| 10. | The Incheon International Airport Corporation established under the Incheon International Airport Corporation Act; |
| 11. | The Korea Environment Corporation established under the Korea Environment Corporation Act; |
| 13. | A port authority established under the Port Authority Act; |
| 14. | The Korea Railroad Corporation established under the Korea Railroad Corporation Act; |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 26 (Land Owned by Absentee Real Estate Owners) |
| (1) | Any land owned by an absentee real estate owner referred to in Article 63 (7) 2 of the Act means any land owned by a person who has been unregistered as a resident in any of the following area since one year before the project approval is publicly notified: <Amended by Presidential Decree No. 25023, Dec. 24, 2013> |
| 1. | A Si (including an administrative city; hereafter the same shall apply in this Article), Gu (referring to an autonomous Gu; hereafter the same shall apply in this Article), Eup, or Myeon (including an Eup or Myeon within a Si combined with functions of rural and urban communities; hereafter the same shall apply in this Article) in which the land involved is situated; |
| 2. | A Si/Gu/Eup/Myeon adjacent to an area specified in subparagraph 1; |
| 3. | An area, other than that specified in subparagraphs 1 and 2, which locates within a 30 km radius from the boundary of the land involved. |
| (2) | Any land owned by a person who is registered as a resident in an area specified in paragraph (1) but does not actually reside in such area shall be deemed land owned by an absentee real estate owner under paragraph (1): Provided, That the foregoing shall not apply to a person who does not reside in such area due to any of the following causes or events: |
| 1. | Medical treatment for a disease; |
| 2. | Entry into military service upon conscription; |
| 5. | Other unavoidable cause or event equivalent to those specified in subparagraphs 1 through 4. |
| (3) | Notwithstanding paragraph (1), any of the following land shall not be deemed land owned by an absentee real estate owner: |
| 1. | Land in which case one year has not lapsed since the owner acquired it by inheritance; |
| 2. | Land owned by a person who proves that he/she has actually resided in an area specified in paragraph (1) since one year before the project approval is publicly notified, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 3. | Land owned for business purposes by a person who proves that he/she has actually operated his/her business in an area specified in paragraph (1) since one year before the project approval is publicly notified, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 27 (Amount of Compensation on Which Compensation by Bonds shall be Based, etc.) |
| (2) | If an absentee real estate owner requests that the relevant project operator pay an amount equivalent to the transfer income tax (including the resident tax that the real estate owner shall pay in addition to the transfer income tax and the special tax for rural communities that the real estate owner shall pay when he/she is fully or partially exempted from the transfer income tax; the same shall apply hereafter in this paragraph) in cash with confirmation thereon by a tax accountant, which he/she shall pay for the income generated by transferring his/her land to the project operator or by allowing his/her land to be expropriated by the project operator, the project operator shall pay an amount equivalent to the transfer income tax to the real estate owner in cash in addition to the amount specified in paragraph (1). |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 27-2 (Compensation by Bonds in Areas Prone to Land Speculation) |
| (1) | "Area prescribed by Presidential Decree" in the main sentence of Article 63 (8) of the Act means an area within jurisdiction of any of the following municipalities: <Amended by Presidential Decree No. 29916, Jun. 25, 2019> |
| 1. | A Si (including an administrative city; hereafter the same shall apply in this paragraph), Gun or Gu (referring to an autonomous Gu; hereafter the same shall apply in this paragraph), in which an area subject to permission for a land transaction contract under Article 10 of the Act on Report on Real Estate Transactions; |
| 2. | A Si/Gun/Gu adjacent to an area specified in subparagraph 1. |
| 1. | The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act; |
| 2. | The Korea Tourism Organization established under the Korea Tourism Organization Act; |
| (3) | "Projects prescribed by Presidential Decree" in Article 63 (8) 3 of the Act mean the following projects: <Amended by Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 26762, Dec. 28, 2015> |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 28 (Recommendation of Appraisal Business Entity by Mayor/Do Governor and Landowners) |
| (1) | When a project operator makes a public announcement of a compensation plan pursuant to Article 15 (1) of the Act, he/she shall include, in the public announcement, the statement that the competent Mayor/Do Governor and the landowners concerned may recommend an appraisal business entity (referring to an appraisal business entity defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers; hereinafter referred to as "appraisal business entity") and shall notify the Mayor/Do Governor of the City/Do in which the land entitled to compensation is situated and the landowners concerned. <Amended by Presidential Decree No. 27472, Aug. 31, 2016> |
| (2) | Pursuant to Article 68 (2) of the Act, the competent Mayor/Do Governor and the landowners concerned may recommend an appraisal business entity to the relevant project operator within 30 days from the end of the period given for the inspection of the relevant compensation plan under Article 15 (2) of the Act. |
| (3) | A Mayor/Do Governor shall comply with the following guidelines in recommending an appraisal business entity pursuant to paragraph (2): |
| 1. | When the Mayor/Do Governor selects a group of appraisal business entities qualified for recommendation, he/she shall take into consideration the capability of conducting appraisals, the number of appraisers working for each business entity, records of performance of appraisals, records of disciplinary sanction, etc.; |
| 2. | The Mayor/Do Governor shall select appraisal business entities in the group qualified for recommendation by lot or through other objective and transparent process; |
| 3. | The Mayor/Do Governor shall make the group qualified for recommendation under subparagraph 1 and the recommendation process open to interested parties; |
| 4. | If the land entitled to compensation stretches over two or more Cities/Dos, the Mayors/Do Governors having jurisdiction over the land shall make an agreement on the recommendation of an appraisal business entity. |
| (4) | Landowners who intend to recommend an appraisal business entity pursuant to paragraph (2) shall submit to the project operator a document proving that the landowners the area of whose land corresponds to at least one half of the total area of the land entitled to compensation and a majority of the landowners of the land entitled to compensation consent to the recommendation of the appraisal business entity. In such cases, a landowner may consent to the recommendation of only one appraisal business entity. |
| (5) | A landowner who intends to recommend an appraisal business entity pursuant to paragraph (2) may request that the relevant Mayor/Do Governor and the Korea Association of Property Appraisers established under Article 33 of the Act on Appraisal and Certified Appraisers provide him/her with data necessary to recommend an appraisal business entity. <Amended by Presidential Decree No. 27472, Aug. 31, 2016> |
| (6) | For the purpose of calculating the area of the land eligible for compensation and the total number of landowners under the forepart of paragraph (4), the state land or public land for which no intent to recommend an appraisal business entity was expressed pursuant to paragraph (2) shall be excluded from the area of the land eligible for compensation and the total number of landowners. <Newly Inserted by Presidential Decree No. 29916, Jun. 25, 2019> |
| (7) | The Minister of Land, Infrastructure and Transport may prepare and distribute standard guidelines for the recommendation of appraisal business entities by a Mayor/Do Governor under paragraph (3). <Amended by Presidential Decree No. 29916, Jun. 25, 2019> |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 29 (Projects Eligible for Issuance of Compensation Bonds) |
"Public works prescribed by Presidential Decree" in Article 69 (1) of the Act mean the following projects: <Amended by Presidential Decree No. 27972, Mar. 29, 2017> | 3. | An airport construction project under the Incheon International Airport Corporation Act; |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 30 (Procedures for Issuance of Compensation Bonds) |
| (1) | Where it is necessary to issue compensation bonds, the head of the relevant central administrative agency responsible for the management of accounts specified in the subparagraphs of Article 69 (1) of the Act shall request the Minister of Strategy and Finance to issue compensation bonds, specifying the following matters concerning compensation bonds: |
| 1. | The maximum amount of issuance; |
| 2. | The requested amount of issuance; |
| 3. | Denominations of face value; |
| 5. | The method and time for repayment of principal and interest; |
| 6. | Other necessary matters. |
| (2) | When the Minister of Strategy and Finance issues compensation bonds under Article 69 (2) of the Act, he/she shall notify the heads of relevant central administrative agencies and the Governor of the Bank of Korea of relevant matters, respectively. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 31 (Methods of Issuance of Compensation Bonds, etc.) |
| (1) | Compensation bonds shall be issued in bearer form. |
| (2) | Compensation bonds shall be issued at the face value of 100,000 won or more, and an amount less than 100,000 won out of the amount of compensation shall be paid in cash when a project operator pays the compensation. |
| (3) | The issuance date of compensation bonds shall be the last day of the month in which notice of the decision to pay compensation with bonds is given pursuant to Article 35 (1). |
| (4) | No compensation bond shall be re-issued, even when such bond is destroyed, stolen, or lost due to any cause or event. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 32 (Interest Rate and Redemption of Compensation Bonds) |
| (2) | The principal and interest of compensation bonds shall be paid in a lump sum on the date of maturity. |
| (3) | The interest on compensation bonds from the issuance date until the day immediately before the date of maturity shall be computed at compound interest per annum. |
| (4) | The interest on compensation payable by compensation bonds for the period from the issuance date of notice of the decision to issue compensation bonds under Article 35 (1) until the day immediately before the issue date of compensation bonds shall be computed by applying the same interest rate as the interest rate applicable to compensation bonds under paragraph (1) and shall be paid when the project operator pays the compensation. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 33 (Descriptions of Compensation Bonds) |
Each compensation bond shall bear the following descriptions:
| 3. | Descriptions referred to in Article 30 (1) 3 through 5. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 34 (Institutions Handling Compensation Bonds, etc.) |
| (1) | Services for the delivery and redemption of compensation bonds shall be provided by the head office, branch offices and agencies of the Bank of Korea. |
| (2) | A project operator shall in advance designate an institution to be in charge of providing services for the delivery and redemption of compensation bonds (hereinafter referred to as "institutions handling compensation bonds"), from among the head office, branch offices, and agencies of the Bank of Korea mentioned in paragraph (1), and shall forward a certificate of his/her seal impression to the institution handling compensation bonds. |
| (3) | When an institution handling compensation bonds delivers compensation bonds, it shall state the following matters on the compensation bonds, and the person responsible for such services shall print his/her name and affix his/her seal thereon: |
| 1. | The issuance date and the date of redemption; |
| 3. | The name of the institution handling the compensation bonds. |
| (4) | The Governor of the Bank of Korea shall give a notice of the current status of delivery and redemption of compensation bonds in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Strategy and Finance and the heads of the related central administrative agencies, respectively, by no later than the 20th day of each month. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 35 (Procedure for Handling Administrative Affairs regarding Compensation Bonds, etc.) |
| (1) | When a project operator intends to pay compensation with compensation bonds, he/she shall issue a notice of the decision to issue compensation bonds in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to each landowner and person concerned and shall notify the institution handling compensation bonds of the matters related thereto. |
| (2) | Upon receipt of a notice of the decision to issue compensation bonds from a landowner or person concerned who has been given the notice of the decision to issue compensation bonds pursuant to paragraph (1), the institution handling compensation bonds shall deliver the compensation bonds. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 36 (Location and Service of Register for Delivery of Compensation Bonds) |
When an institution handling compensation bonds delivers compensation bonds, it shall prepare two sets of a register of delivery of compensation bonds in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; keep one set for its location; and serve the other set on the relevant project operator by no later than the seventh day of the following month.
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 37 (Fluctuation Rate of Land Price) |
| (1) | "Fluctuation rate of the land price prescribed by Presidential Decree" in Article 70 (1) of the Act means the fluctuation rate of the land price surveyed and announced by the Minister of Land, Infrastructure and Transport pursuant to Article 17 of the Enforcement Decree of the Act on Report on Real Estate Transactions for each specific-use area of a Si (including an administrative city; hereafter the same shall apply in this Article), Gun, or Gu (including a non-autonomous Gu; hereafter the same shall apply in this Article) in which the reference land deemed to have the same factors as, or similar factors to, the factors affecting the formation of the value of the land subject to appraisal, thereby having a similar utility value to the land subject to appraisal (hereinafter referred to as "reference land"), is situated: Provided, That if no fluctuation rate of the land price for the same specific-use area as the reference land has been surveyed or announced, it refers to the fluctuation rate of the land price for the specific-use area similar to the reference land, the fluctuation rate of the land price for the land currently used for the same purpose as the reference land, or the average fluctuation rate of the land price of the Si/Gun/Gu involved. |
| (2) | If the land price of the Si/Gun/Gu in which the reference land is situated has changed as a consequence of the relevant public works, the fluctuation rate of the land price in a neighboring Si/Gun/Gu not involved in the relevant public works shall apply for the purpose of paragraph (1): Provided, That the foregoing shall not apply where the fluctuation rate of the land price in the Si/Gun/Gu in which the reference land is situated is lower than that of the land price in the neighboring Si/Gun/Gu. |
| (3) | A case where the land price of the Si/Gun/Gu in which the reference land is situated has changed as a consequence of the relevant public works as referred to in the main sentence of paragraph (2) means that the relevant public works are not related to a road, railroad, or river-related project, and all the following conditions are satisfied: <Amended by Presidential Decree No. 25023, Dec. 24, 2013> |
| 1. | The area of the relevant public works shall be at least 200,000 square meters; |
| 2. | The fluctuation rate of the land price of the Si/Gun/Gu in which the reference land is situated during the period from the date of public announcement of project approval to the point of time for pricing shall be at least three percent: Provided, That if it is recognized that the price of the reference land has changed as a consequence of the public announcement or public notification of the plan for the relevant public works or the execution of such works, the fluctuation rate of the land price from the date of the public announcement or public notification of the plan for the relevant public works or the execution of such works to the point of time for pricing shall be at least five percent; |
| 3. | The fluctuation rate of the land price of the Si/Gun/Gu in which the reference land is situated from the date of public announcement of project approval to the point of time for pricing shall be higher or lower, by at least 30 percent, than the fluctuation rate of the land price of the City/Do in which the reference land is situated. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 38 (Temporary Land Utilization Status) |
Temporary land utilization status under Article 70 (2) of the Act means the condition of land where the land is used for any purpose other than its original purpose because it is temporarily prohibited or restricted to use the land for its original purpose in accordance with a plan formulated, or an order issued, by the State or a local government under a relevant statute, or where the manner of the current use is temporary in light of the surrounding circumstances of the land. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 38-2 (Officially Announced Land Price) |
| (1) | A case where it is recognized that the price of land to be acquired has fluctuated as referred to in Article 70 (5) of the Act means that a project, other than a road, railroad, or river-related project, satisfies all the following conditions: <Amended by Presidential Decree No. 27471, Aug. 31, 2016> |
| 1. | The area of the relevant public works shall be at least 200,000 square meters; |
| 2. | The difference between the average fluctuation rate of the officially announced land price of the reference land defined in Article 3 of the Act on the Public Announcement of Real Estate Values in the relevant public works zone (referring to the officially announced land price, if no reference land exists in the relevant project area; hereafter referred to as "officially announced land price of the reference land" in this Article) and the average fluctuation rate of the officially announced price of the reference land for the whole area of the Si (including an administrative city; the same shall apply hereafter in this Article), Gun, or Gu (including a non-autonomous Gu; the same shall apply hereafter in this Article) in which the land subject to appraisal is situated shall be at least three percentage point; |
| 3. | The average fluctuation rate of the officially announced land price of the reference land in the relevant public works zone shall be higher or lower, by at least 30 percent, than the average fluctuation rate of the officially announced land price of the reference land for the whole area of the Si/Gun/Gu in which the land subject to appraisal is situated. |
| (2) | The average fluctuation rate mentioned in paragraph (1) 2 or 3 shall be computed by dividing the aggregate of fluctuation rates for parcels of the relevant reference land by the number of parcels of the relevant reference land, and the average fluctuation rate of the officially announced land price of the reference land for the whole area of the Si/Gun/Gu in which the land subject to appraisal is situated shall be computed by converting the average fluctuation rate computed for each Si/Gun/Gu into an weighted average rate with the ratio of the relevant public works zone in each Si/Gun/Gu, if the relevant public works zone stretches over two or more Sis/Guns/Gus. In such cases, the period for calculation of the average fluctuation rate shall be the period from the base date of public notification of the officially announced land price, most lately announced after the date of public announcement of the plan for the relevant public works or after the date of public notification of the implementation of the plan, to the base date of public announcement of the officially announced land price for the reference land under Article 70 (3) or (4) of the Act. |
[This Article Newly Inserted by Act No. 24544, May 28, 2013]
| Article 39 (Determination on Remaining Land) |
| (1) | If any remaining land falls under any of the following cases, the relevant landowner may request the project operator or the competent Land Tribunal to purchase or expropriate such remaining land pursuant to Article 74 (1) of the Act: |
| 1. | Where it is impossible or substantially impracticable to construct a building on the land because the area is too small for a building site or is in an irregular shape; |
| 2. | Where the remaining land is farmland but farming is substantially impracticable because the land is too narrow and long to drive or turn agricultural machines or is in an irregular shape; |
| 3. | Where it becomes impossible to use, or cultivate in, the remaining land because it becomes inaccessible as a consequence of the relevant public works; |
| 4. | Where it is deemed substantially impracticable to use the remaining land for the original purpose to an extent similar to any situation described in subparagraphs 1 through 3. |
| (2) | The following matters shall be comprehensively taken into consideration in determining whether any remaining land falls under any subparagraph of paragraph (1): |
| 1. | The location, shape, current state of use, and special-use area of the remaining land; |
| 2. | The area of the land included in the relevant public works and the area of the remaining land. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 40 (Formulation and Implementation of Relocation Measures) |
| (1) | When a project operator intends to fomulate relocation measures pursuant to Article 78 (1) of the Act (hereinafter referred to as "relocation measures"), he/she shall notify, in advance, persons subject to the relocation measures specified in the aforesaid paragraph (hereinafter referred to as "persons subject to the relocation measures") of the details thereof. |
| (2) | Except in unavoidable circumstances specified by Ordinance of the Ministry of Land, Infrastructure and Transport, the relocation measures shall be formulated and implemented, if the number of households of the persons who desire to move to a new settlement, among persons subject to the relocation measures, is at least ten: Provided, That a project operator shall be deemed to have formulated and implemented the relocation measures, if he/she has supplied housing sites or houses to persons subject to the relocation measures pursuant to the Housing Site Development Promotion Act, the Housing Act, or other relevant statutes (including cases where the project operator has arranged the supply of housing sites or houses). |
| (3) | When an operator of a project referred to in subparagraphs 6 and 7 of Article 4 of the Act (hereafter referred to as “incidental project” in this Article) meets all the following requirements, he/she may request a main project operator to formulate and implement a relocation measure for projects under subparagraphs 1 through 5 of Article 4 of the Act (hereafter referred to as “main project” in this Article) which are the causes of incidental projects with a relocation measure for the incidental projects included. In such case, expense for relocation measures for persons subject to the relocation measure for the incidental projects shall be borne by the incidental project operator: <Newly Inserted by Presidential Decree No. 28806, Apr. 17, 2018> |
| 1. | An incidental project operator is not subject to the case where he/she shall formulate and implement relocation measures under Article 78 (1) of the Act or main sentence of paragraph (2) of this Article; |
| 2. | Formulation of relocation measures for a main project has yet to be completed. |
| (4) | A main project operator requested to formulate and implement relocation measures pursuant to the former part of paragraph (3) shall cooperate therein, unless there is a compelling reason not to do so including the case where he/she is not subject to formulation and implementation of relocation measures under Article 78 (1) of the Act or the main sentence of paragraph (2) of this Article. <Newly Inserted by Presidential Decree No. 28806, Apr. 17, 2018> |
| (5) | Any of the following persons shall be excluded from persons subject to the relocation measures: |
| 1. | The owner of a building built or altered for any purpose other than the original purpose without permission therefor or without filing a report thereon, although obtaining permission or filing a report is required for the construction or alteration of the building for any purpose other than the original purpose; |
| 2. | The owner of a building in which the owner has not resided uninterruptedly during the period from the date of public notification of the relevant public works under relevant statutes to the date of conclusion of the contract or the date of adjudication on expropriation: Provided, That the foregoing shall not apply where such owner does not reside in the building due to any of the following causes or events: |
| (a) | Medical treatment for a disease; |
| (b) | Entry into military service upon conscription; |
| (e) | Residing in a building within the relevant public work zone and owned by another person; |
| (f) | Other unavoidable cause or event similar to those specified in items (a) through (d); |
| 3. | A tenant who resides in a building owned by another person: Provided, That a tenant who resides in a building owned by another person but owns a residential building in the relevant public work zone shall be excluded. |
| (6) | Expenses for acquiring housing sites or houses within a new settlement under the main sentence of paragraph (2) or housing sites or houses under the proviso to the same paragraph may be offset against compensation payable to persons subject to the relocation measure at his/her desire. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 41 (Payment of Resettlement Subsidies) |
Pursuant to Article 78 (1) of the Act, a project operator shall pay resettlement subsidies to persons subject to the relocation measures in any of the following cases, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: | 1. | Where the project operator fails to formulate and implement relocation measures; |
| 2. | Where a person subject to the relocation measures intends to move to any area other than the new settlement. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 41-2 (Scope of Basic Living Facilities, etc.) |
| (1) | Basic living facilities on a normal level under the main sentence of Article 78 (4) of the Act mean the following facilities: |
| 1. | Roads (including street lamps and traffic signals); |
| 2. | Waterworks and sewerage treatment facilities; |
| 3. | Electric installations; |
| 4. | Telecommunications facilities; |
| (2) | The cost borne by a project operator for basic living facilities pursuant to Article 78 (8) of the Act (hereafter referred to as "cost borne by a project operator" in this Article) shall be computed by the following formula: |
| 1. | Where the project operator supplies a housing site: |
The cost borne by the project operator = Cost of construction of basic living facilities specified in paragraph (1) in the relevant public works zone × (the area of the housing site supplied to the person subject to the relocation measures in return for consideration ÷ the total area of sites supplied in the relevant public works zone in return for consideration);
| 2. | Where the project operator supplies houses: |
The cost borne by the project operator = The cost of construction of basic living facilities specified in paragraph (1) in the relevant public works zone × (the site area of the houses supplied to the person subject to the relocation measures in return for consideration ÷ the total area of sites supplied in the relevant public works zone in return for consideration).
| (3) | The scope of the cost of basic living facilities specified in paragraph (1) in the relevant public works zone under paragraph (2) 1 and 2 shall be the construction cost incurred in constructing the relevant basic living facilities, the cost of land, and various charges to be borne in accordance with statutes in relation to the construction of the relevant basic living facilities. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 41-3 (Formulation of Plans for Relocation Measures for Factories, etc.) |
| (1) | "Public works prescribed by Presidential Decree" in Article 78-2 of the Act means the following projects: <Amended by Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 26762, Dec. 28, 2015> |
| (2) | A plan for relocation measures for factories under Article 78-2 of the Act shall include the following matters, in view of the conditions of the relevant public works area: |
| 1. | An arrangement for preferential purchase of lots in a nearby industrial complex, if an industrial complex designated and developed pursuant to the Industrial Sites and Development Act (hereinafter referred to as "industrial complex") exists in an area near the relevant public works area; |
| 2. | A plan for the development of, and the move into, an industrial complex, if the relevant project operator develops a separate industrial complex as a relocation measure for factories in an area near the relevant public works area; |
| 3. | Preferential purchase of sites for factories developed in the relevant public works area; |
| 4. | Other schemes for administrative assistance as a measure for the smooth relocation of factories. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 41-4 (Public Announcement of Compensation Plans for Losses in Connection with Land) |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 42 (Application for Adjudication on Compensation for Losses or Costs, etc.) |
| (1) | A person who intends to apply for adjudication pursuant to Article 80 (2) of the Act shall file an application for adjudication on compensation for losses in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the competent Land Tribunal, stating the following matters therein: |
| 1. | Names or titles and domiciles of the applicant and the opposite party; |
| 2. | The type and name of the relevant public works; |
| 3. | The fact that losses have been incurred to the applicant; |
| 4. | The amount of compensation for losses and the details thereof; |
| 5. | The details of the consultations. |
| (2) | Article 32 (2) and (3) of the Act shall apply mutatis mutandis to examinations of an application filed pursuant to paragraph (1) for adjudication on compensation for losses. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 43 (Institutions Specializing in Compensation Affairs, etc.) |
| (1) | "Institutions prescribed by Presidential Decree" in Article 81 (1) 2 of the Act means the following institutions: <Amended by Presidential Decree No. 25883, Dec. 23, 2014; Presidential Decree No. 27473, Aug. 31, 2016> |
| 1. | The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act; |
| 3. | The Korea Expressway Corporation established under the Korea Expressway Corporation Act; |
| 6. | A local public corporation established by the Special Metropolitan City, a Metropolitan City, a Do or a Special Self-Governing Province to implement projects for the development of housing sites, the construction of houses, etc. pursuant to Article 49 of the Local Public Enterprises Act. |
| (2) | Pursuant to Article 81 of the Act, a project operator may entrust the following affairs to any institution listed in the subparagraphs of Article 81 (1) of the Act (hereinafter referred to as "institution specializing in compensation affairs"): <Amended by Presidential Decree No. 25104, Jan. 17, 2014> |
| 1. | Formulation, public announcement, and perusal of a compensation plan; |
| 2. | Examination of official records, such as land registers and building registers. In such cases, examination of land registers and building registers may be replaced by examination of general official records of real estate; |
| 3. | Examination of facts related to the ownership of land, etc. and rights, other than ownership, thereto; |
| 4. | Land survey for partition and cadastral registration; |
| 5. | Examination of descriptions in a land protocol and a goods protocol; |
| 6. | Examination of compensation for the remaining land and the land outside the relevant public works zone; |
| 7. | Investigation into losses incurred in business, farming, fishery, or mining; |
| 8. | Computation of the amount of compensation (excluding appraisal); |
| 9. | Consultations on compensation, the conclusion of a contract, and the payment of compensation; |
| 10. | Handling of civil complaints in relation to compensation and the performance of litigation therefor; |
| 11. | Registration of land, etc.; |
| 12. | Formulation and implementation of the relocation measures or the payment of resettlement subsidies; |
| 13. | Other affairs incidental to compensation. |
| (3) | When a project operator intends to entrust an institution specializing in compensation affairs with the affairs specified in paragraph (2) pursuant to Article 81 of the Act, he/she shall hold prior consultations with the institution specializing in compensation affairs on the scope, terms and conditions of entrustment. |
| (4) | When a project operator entrusts an institution specializing in compensation affairs with the affairs specified in paragraph (2) pursuant to Article 81 of the Act, he/she shall pay fees prescribed in attached Table 1 to the institution specializing in compensation affairs: Provided, That when the project operator entrusts the institution specializing in compensation affairs with some of the affairs specified in any subparagraph of paragraph (2), the fees for the partial entrustment shall be stipulated by agreement between the project operator and the institution specializing in compensation affairs. |
| (5) | If an institution specializing in compensation affairs pays for any extra expense, such as an appraisal fee, land survey fee, registration fee, or attorney's fee, which is not an ordinary expense incurred in the course of performing affairs, the relevant project operator shall reimburse such expense to the institution specializing in compensation affairs separately in addition to the fees specified in paragraph (4). |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 44 (Establishment, Composition, Operation, etc. of Optional Compensation Council) |
| (1) | The Special Self-Governing Province or the Si/Gun/Gu (referring to an autonomous Gu; hereafter the same shall apply in this Article) having jurisdiction over a project area shall establish a compensation council under the main sentence of Article 82 (1) of the Act (hereafter referred to as "compensation council" in this Article). |
| (2) | In cases falling under paragraph (1), if the area in which public works are to be implemented stretches over two or more Sis/Guns/Gus, the heads of the relevant Sis/Guns/Gus (referring to the head of an autonomous Gu; hereafter the same shall apply in this Article) shall determine the Si/Gun/Gu in which a compensation council shall be established through consultations. |
| (3) | If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems it necessary to establish a compensation council under paragraph (1) or (2), he/she shall establish the compensation council within 30 days after the end of the perusal period for the relevant compensation plan under Article 15 (2) of the Act and shall notify the relevant project operator thereof, unless any extenuating circumstance exists. |
| (4) | A compensation council shall be comprised of not less than eight but not more than 16 members, including one chairperson, and the relevant project operator shall be included in the members, while at least one third of the members shall be comprised of landowners or persons concerned. |
| (5) | A Deputy Governor of the relevant Special Self-Governing Province or a deputy head of the relevant Si/Gun/Gu shall serve as the chairperson of the compensation council, and the council member designated by the chairperson shall act on behalf of the chairperson, if the chairperson is unable to perform his/her duty due to an unavoidable cause or event. |
| (6) | The chairperson of a compensation council shall represent the compensation council and exercise overall control of its affairs. |
| (7) | A meeting of a compensation council shall be duly formed with the attendance of a majority of its incumbent members. |
| (8) | The chairperson of a compensation council shall notify the relevant project operator of the matters resolved at a meeting, and the project operator shall reflect the resolutions deemed reasonable in executing the project. |
| (9) | A compensation council shall appoint an administrative secretary and clerks to handle its administrative affairs, and the administrative secretary and clerks shall be appointed by the chairperson of the compensation council, from among public officials of the relevant Special Self-Governing Province or Si/Gun/Gu. |
| (10) | If a project operator is the State or a local government, the project operator may pay allowances to council members, except public officials who attend the compensation council meetings. |
| (11) | The chairperson of a compensation council shall ensure that he/she does not interfere with the project operator's execution of the project in operating the compensation council, and matters necessary for the operation of the compensation council shall be determined by the chairperson, subject to prior deliberation by the compensation council. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 44-2 (Establishment, Composition, Operation, etc. of Compulsory Compensation Council) |
| (1) | The Special Self-Governing Province or Si/Gun/Gu (referring to an autonomous Gu; the same shall apply hereafter in this Article) having jurisdiction over the project area for any public works specified in paragraph (2) shall establish a compensation council under the proviso to the main sentence of Article 82 (1) of the Act (hereafter referred to as "compensation council" in this Article): Provided, That the project operator must establish the compensation council in any of the following cases: |
| 1. | Where it is impracticable for the Special Self-Governing Province or Si/Gun/Gu having jurisdiction over the relevant project area to establish the compensation council due to any unavoidable cause or event; |
| 2. | If the area in which the project operator executes the public works stretches over two or more Sis/Guns/Gus, but the heads of the Sis/Guns/Gus (referring to the head of an autonomous Gu; the same shall apply hereafter in this Article) fail to reach an agreement on the establishment of the compensation council within 30 days after the end of the perusal period for the compensation plan provided in Article 15 (2) of the Act. |
| (2) | "Public works exceeding the scale prescribed by Presidential Decree" in the proviso to the main sentence of Article 82 (1) of the Act mean public works executed in an area of at least 100,000 square meters, and the owners of land, etc. of which is not less than 50. |
| (3) | If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to establish a compensation council pursuant to the main sentence of paragraph (1), he/she shall establish the compensation council within 30 days after the end of the perusal period for the relevant compensation plan provided in Article 15 (2) of the Act and shall notify the relevant project operator thereof, unless any extenuating circumstance exists, while a project operator who intends to establish a compensation council pursuant to the proviso to paragraph (1) shall establish the compensation council without delay and shall notify the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu thereof, unless any extenuating circumstance exists. |
| (4) | A Deputy Governor of the relevant Special Self-Governing Province or a deputy head of the relevant Si/Gun/Gu shall serve as the chairperson of the compensation council, and the council member designated by the chairperson shall act on behalf of the chairperson, if the chairperson is unable to perform his/her duty due to an unavoidable cause or event: Provided, That members of a compensation council established pursuant to the proviso to paragraph (1) shall be appointed or commissioned by the relevant project operator, and the chairperson shall be elected by and from among the council members. |
| (5) | A compensation council shall appoint an administrative secretary and clerks to handle its administrative affairs, and the administrative secretary and clerks shall be appointed by the chairperson of the compensation council, from among public officials of the relevant Special Self-Governing Province or Si/Gun/Gu (referring to executive officers and employees of the relevant project operator in cases of a compensation council established pursuant to the proviso to paragraph (1)). |
| (6) | Article 44 (2), (4), (6) through (8), (10) and (11) shall apply mutatis mutandis to the establishment, composition, operation, etc. of a compensation council under paragraph (1). |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
CHAPTER VI FILING OBJECTIONS, ETC.
| Article 45 (Filing Objections) |
| (1) | A person who intends to file an objection pursuant to Article 83 of the Act shall submit a written objection stating the following matters in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "written objection") to the competent Land Tribunal, along with the authentic copy of a written adjudication: |
| 1. | Names or titles and domiciles of the parties; |
| 2. | Issues of, and reasons for, the objection. |
| (2) | Upon receipt of a written objection under Article 83 (2) of the Act, a regional Land Tribunal shall forward the written objection to the Central Land Tribunal, without delay, along with the following documents: |
| 1. | A copy of the notice of service by mail in which the date the original copy of a written adjudication was delivered to the applicant and other facts are stated; |
| 2. | A copy of the report of the appraisal conducted by an institution entrusted by the competent regional Land Tribunal and a copy of minutes of the examination thereof; |
| 3. | Other materials required for adjudication on filing an objection. |
| (3) | Upon receipt of a written objection under Article 83, the Central Land Tribunal shall notify the opposite party to the applicant of the issues of the objection: Provided, That the foregoing shall not apply where the Central Land Tribunal is unable to ascertain the identification, domicile or abode of the person to whom such notice shall be given, or other place for serving a notice. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 46 (Service of Written Adjudication on Filing Objections) |
When the Central Land Tribunal renders adjudication on any objection filed under Article 84 of the Act, it shall serve the original copy of the written adjudication on the relevant project operator, landowners, and persons concerned. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 47 (Certificate of Determination of Adjudication) |
| (1) | If a project operator, landowner, or person concerned intends to request that the Central Land Tribunal issue a certificate of determination of adjudication pursuant to Article 86 (2) of the Act (hereafter referred to as "certificate of determination of adjudication" in this Article), he/she shall submit a written request for the certificate of determination of adjudication in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Central Land Tribunal, along with the original copy of a written adjudication on filing an objection. |
| (2) | A certificate of determination of adjudication shall be issued in the manner that an execution clause is inserted at the bottom of the original copy of a written adjudication, as prescribed in Article 29 (2) of the Civil Execution Act, on which the administrative secretary or a clerk of the Central Land Tribunal shall print his/her name and affix his/her seal and the official seal of the Chairperson of the Central Land Tribunal. |
| (3) | When the Central Land Tribunal intends to issue a certificate of determination of adjudication, it shall inquire of the competent court as to whether an administrative litigation has been instituted pursuant to Article 85 (1) of the Act. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
CHAPTER VII RIGHT OF REPURCHASE
| Article 48 (Conditions of Agreement on Repurchase Amount) |
A case where the price of land under Article 91 (4) of the Act has substantially fluctuated as compared with the price of land as of the acquisition date means that the price of land at the time of exercising the repurchase right is higher than the price computed by multiplying the compensation paid by the rate of fluctuation, until the time of repurchase, of the price of similar parcels of land in the vicinity not involved in the relevant project. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 49 (Notice of Alteration of Public Works) |
| (2) | When a project operator publicly notify any alteration of public works pursuant to Article 91 (6) of the Act on the Official Gazette, he/she shall notify a repurchase right holder under Article 91 (1) of the Act (hereafter referred to as "repurchase right holder" in this Article) of the details of such public notice: Provided, That such notice may be substituted by public announcement under paragraph (3), if the repurchase right holder is not identifiable or his/her domicile or abode or other place for serving such notice is unknown. |
| (3) | In order to make a public announcement pursuant to the proviso to paragraph (2), a project operator forward documents subject to the public announcement to the head of the Si (including the head of an administrative city), Gun, or Gu (including the head of a non-autonomous Gu) having jurisdiction over the land involved, who shall then post such documents on the bulletin board of the Si (including an administrative city), Gun, or Gu (including a non-autonomous Gu) for at least 14 days. |
[This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 50 (Public Notice of Repurchase Right) |
Public notice under the proviso to Article 92 (1) of the Act shall be given through a daily newspaper with a nationwide circulation or by posting on the bulletin board of the Si (including an administrative city), Gun, Gu (including a non-autonomous Gu) having jurisdiction over the land involved for at least seven days. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
| Article 50-2 (Management of Personally Identifiable Information) |
| 1. | Affairs concerning request for issuance of documents necessary for implementing public works pursuant to Article 8 (1) of the Act; |
| 2. | Affairs concerning preparation of land protocols and goods protocols pursuant to Article 14 of the Act; |
| 3. | Affairs concerning public announcement and notification of compensation plans pursuant to Article 15 of the Act; |
| 6. | Affairs concerning application for verification of the yielded agreement on compensation for land, etc., pursuant to Article 29 of the Act; |
| 9. | Affairs concerning compensation with land pursuant to the proviso to Article 63 (1) of the Act and affairs concerning compensation with the bonds pursuant to paragraphs (7) and (8) of the same Article; |
| 13. | Affairs concerning compensation for business losses, farm losses and wage losses suffered by the workers temporarily laid off or unemployed pursuant to Article 77 of the Act; |
| 14. | Affairs concerning establishment of relocation measures and establishment, etc. of relocation measures for factories pursuant to Articles 78 and 78-2 of the Act; |
| 15. | Affairs concerning compensation for losses of land, etc. outside of the area where public works are implemented pursuant to Article 79 (2) of the Act; |
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
| Article 50-3 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016> |
CHAPTER VIII PENALTY PROVISIONS
| Article 51 (Guidelines for Imposition of Administrative Fines) |
The guidelines for the imposition of administrative fines under Article 99 (1) of the Act shall be as prescribed in attached Table 2. [This Article Wholly Amended by Act No. 24544, May 28, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Article 2 (Repeal of Other Statutes)
The Enforcement Decree of the Land Expropriation Act and the Enforcement Decree of the Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Their Loss shall be repealed.
Article 3 (Examples of Application to Methods of Landowner’s Request for Selection of Appraisal Business Entity)
The provisions of Article 28 shall begin to apply from public works, a compensation plan for which is announced publicly or notified in accordance with the provision of Article 15 (1) of the Act after this Decree enters into force. Article 4 (Examples of Application to Commission for Entrustment of Affairs concerning Compensation and Relocation Measures and Transitional Measures)
The provisions of Article 43 (4) and (5) shall begin to apply from the entrusted affairs concerning compensation and relocation measures after this Decree enters into force, and where affairs regarding relocation measures have already been entrusted as at that time this Decree enters into force, the provisions of the former Enforcement Decree of the Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Their Loss shall apply thereto. Article 5 (General Transitional Measures)
Disposition conducted, procedures performed and other acts done in accordance with the former Land Expropriation Act and subordinate statutes and the former Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Their Loss and subordinate statutes as at that time this Decree enters force shall deemed to have been conducted, performed and done in accordance with the provisions of this Decree. Article 6 (Transitional Measures concerning Owners of Unlicensed Buildings, etc.)
Notwithstanding the provision of Article 40 (3) 1, the owner of a building who has built such building without obtaining permission or making a report, which should be built after he/she obtains permission or makes a report as of January 24, 1989, shall be included in persons subject to relocation measures. Article 7 Omitted.
Article 8 (Relationships with Other Statutes)
Where the former Enforcement Decree of the Land Expropriation Act and the former Enforcement Decree of the Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Their Loss and the provisions thereof are cited in other statutes as at that time this Decree enters into force, if there are the provisions corresponding thereto in this Decree, this Decree or the relevant provisions of this Decree shall be deemed to have been cited.
ADDENDA <Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2003. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 18147, Nov. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2003.
Article 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18207, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2004.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18580, Nov. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2005.
Article 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19206, Dec. 28, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Article 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19409, Mar. 24, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Examples of Application to Amount of Compensation, etc. which Becomes Basis of Compensation with Bonds) The amended provisions of Articles 26 (1) 3, 27 and 27-2 shall begin to apply from the projects for which a project operator publicly announces a compensation plan or notifies a landowner and person concerned of the compensation plan pursuant to Article 15 of the Act (including where it is applied mutatis mutandis pursuant to Article 26 (1) of the Act) after this Decree enters into force. |
ADDENDA <Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Article 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20771, Apr. 17, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2008.
Article 2 (Examples of Application to Land of Nonresident Owners of Real Estate)
The amended provisions of Article 26 (1) and (3) 2 shall begin to apply from the first project for which a project operator publicly announces a plan or the performance of public works or gives a public notice thereof after this Decree enters into force.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21818, Nov. 10, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Examples of Application)
The amended provision of Article 26 (3) 3 shall begin to apply from the first parcel of land for which a contract is concluded pursuant to Article 17 of the Act or for which an application for adjudication of expropriation is made pursuant to Article 28 of the Act.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23073, Aug. 11, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 19, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23425, Dec. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Examples of Application to Persons Subject to Relocation Measures)
The amended provision of Article 40 (3) shall begin to apply from the first public works for which a project operator publicly announces a compensation plan or notifies a landowner and person concerned of the compensation plan after this Decree enters into force.
ADDENDUM <Presidential Decree No. 24209, Nov. 27, 2012>
This Decree shall enter into force on December 2, 2012.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24544, May 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Standards for Fluctuation Rate of Land Price)
The amended provisions of Article 37 shall begin to apply from the cases where a compensation plan is publicly announced pursuant to Article 15 (1) of the Act (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 26 (1) of the Act) and notified to the landowners and persons concerned on or after the date this Decree enters into force. Article 3 (Applicability to Standards for Officially Announced Land Price)
The amended provisions of Article 38-2 shall begin to apply from the cases where a plan for public works or the implementation of such plan is publicly announced or notified on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 25023, Dec. 24, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Public Announcement and Perusal of Application for Adjudication, etc.)
The amended provisions of Article 15 (2) through (5) shall begin to apply from the cases where an application for adjudication is filed with the competent Land Tribunal after the date this Decree enters into force. Article 3 (Applicability to Standard of Absentee Real Estate Owners)
The amended provision of Article 26 (1) 3 shall begin to apply from the cases where a compensation plan is publicly announced or notified to a landowner or person concerned pursuant to Article 15 (1) of the Act (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 26 (1) of the Act).
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25104, Jan. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2014. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25883, Dec. 23, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 26867, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Notice Method of Consultations on Compensation and Person Subject to Relocation Measure)
The amended provisions of Articles 8 (2) and 40 (3) shall begin to apply from the cases where compensation plans are publicly announced and notified to landowners and persons concerned under Article 15 (1) of the Act (including the cases applicable mutadis mutandis under Article 26 (1) of the Act).
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27473, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 28136, Jun. 20, 2017>
This Decree shall enter into force on June 22, 2017.
ADDENDA <Presidential Decree No. 28806, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Formulation and Implementation of Relocation Measure)
The amended provisions of Article 40 (3) and (4) shall begin to apply from the cases where compensation plans are publicly announced or notified to landowners and persons concerned, respectively, under Article 15 (1) of the Act (including the cases applicable mutatis mutandis under the latter part of Article 26 (1) of the Act) after this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 29916, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 (Applicability to Recommendation of Appraisal Business Entity)
The amended provisions of Article 28 (6) shall begin to apply where a compensation plan is publicly announced or a landowner or a person concerned is notified of a compensation plan pursuant to Article 15 (1) of the Act (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 26 (1) of the Act) after this Decree enters into force.