ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA
Act No. 12738, jun. 3, 2014
Amended by Act No. 13426, Jul. 24, 2015
Act No. 13673, Dec. 29, 2015
Act No. 13796, Jan. 19, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14936, Oct. 24, 2017
Act No. 15596, Apr. 17, 2018
Act No. 15719, Aug. 14, 2018
Act No. 16812, Dec. 10, 2019
Act No. 16807, Dec. 10, 2019
Act No. 16912, Feb. 4, 2020
Act No. 17007, Feb. 18, 2020
Act No. 17063, Feb. 18, 2020
Act No. 17224, Apr. 7, 2020
Act No. 17453, jun. 9, 2020
Act No. 17893, Jan. 12, 2021
Act No. 18310, Jul. 20, 2021
Act No. 18384, Aug. 10, 2021
Act No. 18936, jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the efficient management of national land and the protection of ownership of citizens, by prescribing matters concerning the standards and procedures for surveying as well as the preparation, management, etc. of cadastral records and comprehensive real estate records. <Amended on Jul. 17, 2013; Feb. 18, 2020>
The terms used in this Act are defined as follows: <Amended on Dec. 18, 2012; Mar. 23, 2013; Jul. 17, 2013; Jul. 24, 2015; Feb. 18, 2020; Jun. 10, 2022>
| 1-2. | The term "surveying" means indication, by drawing and in numbers, of the results of a measurement of the position of points located in space, and an investigation of its characteristics, or the reproduction of the said location indicated by drawing of the actual locale concerned, including taking photographs for the purpose of survey, map making, and preparing drawings requested in various construction business; |
| 2. | The term "fundamental survey" means a survey conducted by the Minister of Land, Infrastructure and Transport in order to provide spatial information that serves as the basis for all kinds of surveys; |
| 3. | The term "public survey" means a survey as follows: |
| (a) | Surveys, which are executed by the State, a local government, and other institutions prescribed by Presidential Decree based on the fundamental survey, to implement other projects, etc. under relevant Acts and subordinate statutes; |
| (b) | Surveys prescribed by Presidential Decree, which is closely related to the public interest or safety, of the surveys executed by others than those referred to in item (a); |
| 4. | The term "cadastral survey" means a survey to determine the boundaries or coordinates and area of a parcel of land as defined in subparagraph 21 in order to register land on the cadastral record or to restore the boundary points registered in the cadastral record on the ground, which includes a cadastral confirmation survey and cadastral resurvey; |
| 4-2. | The term "cadastral confirmation survey" means a cadastral survey to newly define the boundaries of land after a project under Article 86 (1) is completed; |
| 4-3. | The term "cadastral resurvey" means a cadastral survey to newly define the boundaries of land subsequent to a cadastral resurvey project under the Special Act on Cadastral Resurvey; |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | The term "general survey" means surveys other than a fundamental survey, public survey, and cadastral survey; |
| 7. | The term "survey datum point" means a point used as a standard for conducting a survey by measuring a specific point pursuant to the standards of survey under Article 6 and indicating it with coordinates, etc. in order to ensure the accuracy of the survey and increase its efficiency; |
| 8. | The term "survey result" means the final result obtained from the relevant survey; |
| 9. | The term "survey record" means a record of surveying work executed until the survey result has been obtained; |
| 9-2. | The term "geographical name" means a name given to any naturally formed topography such as a mountain, river, or lake, to a feature including a bridge, tunnel, or intersection, or to an area; |
| 10. | The term "map" means a document that indicates a position in space, and various spatial information such as topography, geographical names, etc., by the symbols or letters, etc., according to a certain scale, including numerical relief maps produced so as to be analyzed, edited, input and output by using information processing systems (including the ortho-image maps produced by utilizing the image information acquired from the aircraft or satellites), and numerical subject maps prescribed by Presidential Decree, such as an underground facility map or a land utilization status map produced in regard to a specific subject by utilizing the numerical relief map; |
| 11. | Deleted; <Feb. 18, 2020> |
| 12. | Deleted; <Feb. 18, 2020> |
| 12-2. | Deleted; <Feb. 18, 2020> |
| 12-3. | Deleted; <Feb. 18, 2020> |
| 13. | Deleted; <Feb. 18, 2020> |
| 14. | Deleted; <Feb. 18, 2020> |
| 15. | Deleted; <Feb. 18, 2020> |
| 16. | Deleted; <Feb. 18, 2020> |
| 17. | Deleted; <Feb. 18, 2020> |
| 18. | The term "competent cadastral authority" means the Special Self-Governing City Mayor and the head of a 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, but excluding the head of a Si where a Gu that is not an autonomous Gu is established under Article 3 (3) of the Local Autonomy Act) or the head of a Gun, or the head of a Gu (including the head of a Gu which is not an autonomous Gu), who administers cadastral records; |
| 19. | The term "cadastral record" means ledgers and drawings (including those recorded or stored in an information processing system) on which the definition of land surveyed through a cadastral survey, etc. and owners, etc. of the land concerned are recorded, such as a site parcels-register, a forest area parcels-register, a joint signature book of common land, a site ownership register, a cadastral map, a forestry map, and a boundary point coordinate register; |
| 19-2. | The term "serial cadastral map" means a map drawn by connecting the boundary points in drawings using computerized files of cadastral maps or forestry maps without conducting any cadastral survey, which cannot be used for a survey; |
| 19-3. | The term "comprehensive real estate record" means the comprehensive information on real estate recorded and stored in an information management system, which includes the definition and owners of the land, definition and owners of the buildings, uses of and regulations on the land, and the price of the real estate; |
| 20. | The term "definition of land" means details registered in the cadastral record, such as the location, parcel number, land category, area, boundary, or land coordinate; |
| 21. | The term "parcel" means a unit for the registration of land, which is partitioned as prescribed by Presidential Decree; |
| 22. | The term "parcel number" means a number allocated to a parcel, and is registered in the cadastral record; |
| 23. | The term "parcel numbering region" means a unit region whereto a parcel number is allocated such as Dong, Ri or its equivalent area; |
| 24. | The term "land category" means a type of land that is classified according to its primary use, and registered in the cadastral record; |
| 25. | The term "boundary point" means the indented point of lines partitioning the parcels to be registered in the cadastral map or the forestry map by drawing, or to be registered in the boundary point coordinate register; |
| 26. | The term "boundary" means a line registered in the cadastral records, which links by parcel in a beeline between boundary points; |
| 27. | The term "area" means a horizontal area of parcel registered in the cadastral record; |
| 28. | The term "land alteration" means a new naming, alteration or cancellation of the definition of land; |
| 29. | The term "new registration" means a registration in the cadastral record of a newly created land, and of that whose registration is omitted; |
| 30. | The term "registration conversion" means a transferred registration of land from a parcels-register for forest area and a forestry map to a parcels-register for site and the cadastral map; |
| 31. | The term "partition" means a registration by dividing one parcel, which is registered in the cadastral record, into two or more parcels; |
| 32. | The term "annexation" means a registration by gathering up two or more parcels, which are registered in the cadastral record, into one parcel; |
| 33. | The term "land category change" means a registration that changes a land category into another one, which is registered in the cadastral record; |
| 34. | The term "scale change" means a registration by changing a smaller scale into a larger one, in order to enhance the accuracy of a boundary point which is registered in a cadastral map. |
| Article 3 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to surveys, the preparation and management of cadastral records and comprehensive real estate records, and determination of geographical names. <Amended on Jul. 17, 2013; Feb. 18, 2020; Jun. 10, 2022>
| Article 4 (Scope of Application) |
This Act shall not apply to any of the following surveys or a survey publicly notified by the Minister of Land, Infrastructure and Transport or a waterway survey under subparagraph 3 of Article 2 of the Act on Utilization of Maritime Survey and Maritime Information: <Amended on Mar. 23, 2013; Feb. 18, 2020> | 1. | Regional surveys (excluding cadastral surveys); |
| 2. | Surveys that do not require high-level precision; |
| 3. | Surveys only for academic research or military activity; |
| 4. | Deleted. <Feb. 18, 2020> |
SECTION 1 Common Provisions
| Article 5 (Master Plans for Surveys and Execution Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish a master plan for surveys including the following matters every five years: <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Basic concept and strategy for advancement of surveys; |
| 2. | Analysis of domestic and international environment for surveys and technical research; |
| 3. | Plan for advancement of survey industry and technical human resources; |
| 4. | Other necessary matters for the development of surveys. |
| (2) | The Minister of Land, Infrastructure and Transport shall establish and implement an annual action plan according to each master plan for surveys under paragraph (1) and shall evaluate its implementation results. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to establish a master plan for surveys under paragraph (1) and an annual action plan under paragraph (2), he or she shall reflect the results of the evaluation under paragraph (2) in the plan. <Newly Inserted on Dec. 10, 2019> |
| (4) | Details regarding criteria, methods, and procedures for evaluating annual implementation results under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 10, 2019> |
| Article 6 (Standards of Surveys) |
| (1) | Surveys shall be conducted in accordance with the following standards: <Amended on Mar. 23, 2013> |
| 1. | The location shall be indicated by the geographical latitude and longitude, and elevation (referring to the elevation from the mean sea level; hereinafter the same shall apply in this paragraph) which are surveyed by world geodetic reference system: Provided, That if deemed necessary for producing maps, it may be indicated by the rectangular coordinate and the elevation, the polar coordinate and the elevation, geocentric orthogonal coordinate or other coordinates; |
| 2. | The datum of the survey shall be the starting datum of the latitude and longitude of the Republic of Korea and the standard datum for levelling of the Republic of Korea: Provided, That the regions determined by Presidential Decree, such as islands, may use the datum separately determined and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Deleted. <Feb. 18, 2020> |
| (2) | Deleted. <Feb. 18, 2020> |
| (3) | Matters necessary for a determination, etc. of the world geodetic reference system, and the value of datum of surveys and standard for rectangular coordinates under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 7 (Survey Datum Point) |
| (1) | The survey datum point shall be classified as follows: <Amended on Dec. 18, 2012; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | National control point: Survey datum point that is the basis of the survey in each main point of the entire national land determined by the Minister of Land, Infrastructure and Transport in order to secure the accuracy of the survey and increase its efficiency; |
| 2. | Public control point: Survey datum point separately determined by the public surveyor under Article 17 (2) based on the national control point in order to conduct an accurate and efficient public survey; |
| 3. | Cadastral control point: Survey datum point that is separately determined by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the competent cadastral authority based on the national control point in order to conduct an accurate and efficient cadastral survey. |
| (2) | Detailed matters concerning the classification of the survey datum point under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Setting and Management of Marker of Survey Control Point) |
| (1) | A person who has established the survey datum point shall set and manage a marker of survey datum point. |
| (2) | A person who has set a marker of survey datum point under paragraph (1) shall notify the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) and the owner or occupant of the site on which the marker of survey datum point has been set of the type of a marker and place of setting a marker, as prescribed by Presidential Decree. The same shall apply to any transfer, removal or destruction of a marker of survey datum point. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Deleted. <Feb. 18, 2020> |
| (4) | Upon setting, moving, restoring, demolishing or scrapping a marker of cadastral control point, the Mayor/Do Governor or the competent cadastral authority shall publicly notify such fact. <Amended on Jul. 17, 2013> |
| (5) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall investigate the present status of a marker of survey control point in his or her jurisdictional area each year and report the findings of such investigation to the Minister of Land, Infrastructure and Transport through the Mayor/Do Governor (excluding the cases of the Special Self-Governing City and the Special Self-Governing Province Governor), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall apply where a marker of survey datum point is damaged or destroyed, or any problem is found. <Amended on Dec. 18, 2012; Mar. 23, 2013> |
| (6) | Notwithstanding paragraph (5), the Minister of Land, Infrastructure and Transport may, where deemed necessary, directly investigate the current status of a marker of survey datum point. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (7) | Necessary matters regarding the shape, size, management method, etc. of a marker of survey datum point shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 9 (Protection of Marker of Survey Datum Point) |
| (1) | No one shall engage in any act to transfer or destroy a marker of survey datum point or harm its effect. |
| (2) | Any person who intends to engage in any act that is likely to destroy a marker of survey datum point or damage its effectiveness shall apply for the transfer of the relevant marker to a person who has set it. |
| (3) | When a person who has set a marker of survey datum point is requested to transfer the marker as prescribed in paragraph (2), the person shall transfer the marker except where the objective of the applicant under paragraph (2) can be achieved without transferring the marker, and where the person fails to transfer the marker, he or she shall inform the applicant under paragraph (2) of the relevant grounds therefor. |
| (4) | Any expenses incurred in transferring a marker of survey datum point under paragraph (3) shall be borne by the applicant under paragraph (2): Provided, That expenses incurring in transferring a marker of national control point among the markers of survey datum points shall be borne by the person who sets it. <Amended on Jul. 17, 2013; Feb. 18, 2020> |
| Article 10 (Establishment of Cooperation System) |
| (1) | When necessary to maintain and manage maps, etc. under Article 15 (1) by utilizing data concerning topography, the Minister of Land, Infrastructure and Transport may establish a cooperation system with the related administrative agencies, local governments, universities under the Higher Education Act, public institutions under the Act on the Management of Public Institutions, etc. (hereinafter referred to as "related agencies"). <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may supply data on the maps, etc. under Article 15 (1) to the institutions that have participated in the cooperation system under paragraph (1). <Amended on Mar. 23, 2013> |
| Article 10-2 (Comprehensive Management of Surveying Business Information) |
| (1) | The Minister of Land, Infrastructure and Transport may comprehensively manage information on the surveying business, such as the capital, actual status of management, and performance records of survey services of each surveying business person as well as the current status of survey technicians and equipment, etc. employed by him or her and may provide such information to the persons who place orders for survey services and the heads of administrative agencies and related organizations, etc, all of them who need the surveying business information. <Amended on Jun. 9, 2020> |
| (2) | In order to manage the surveying business information specified in paragraph (1) systematically, the Minister of Land, Infrastructure and Transport shall establish and operate a comprehensive surveying business information management system as prescribed by Presidential Decree. |
| (3) | In order to perform the duty prescribed in paragraph (1), the Minister of Land, Infrastructure and Transport may request surveying business persons and the heads of administrative agencies, etc. to submit relevant data. In such cases, the persons in receipt of such request shall comply therewith except in extraordinary circumstances. |
| (4) | Matters necessary for the procedures, etc. for requesting data under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 3, 2014]
| Article 10-3 (Assessment and Public Notification of Capability to Perform Survey Service Business) |
| (1) | In order to enable a person who places an order to select a suitable surveying business person, the Minister of Land, Infrastructure and Transport shall, upon receipt of any request by a surveying business person, assess and publicly notify his or her capacity to perform business on the basis of his or her record of performance of survey services, capital, and the current status of human resources and equipment employed by him or her. |
| (2) | A surveying business person who intends to have his or her business performance capability assessed and publicly notified under paragraph (1) shall submit to the Minister of Land, Infrastructure and Transport the record of performance of survey services performed in the previous year, current status of employment of technicians, current financial status, and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Matters necessary for the public notification of the business performance capability of a surveying business person under paragraphs (1) and (2), the standards for assessing the business performance capability, reporting on performance records, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 3, 2014]
| Article 11 (Notification of Changes in Topography and Features) |
| (1) | The Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall regularly investigate whether any change occurs in the topography and features within his or her jurisdictional area as prescribed by Presidential Decree. <Newly Inserted on Dec. 10, 2019> |
| (2) | The Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, where there have been changes in the topography and features within his or her jurisdictional area, report the changes in the topography and features to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Dec. 18, 2012; Mar. 23, 2013; Dec. 10, 2019> |
| (3) | When a public surveyor under Article 17 (2) commences or has completed construction works of a type and size prescribed by Presidential Decree from among those that could cause changes in the topography and features, he or she shall notify the Minister of Land, Infrastructure and Transport of such commencement upon commencing the work, or the changes in the topography and features upon completing the work. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
| (4) | The Minister of Land, Infrastructure and Transport are entitled to request materials regarding fundamental surveys from relevant administrative agencies. <Amended on Mar. 23, 2013; Dec. 10, 2019; Feb. 18, 2020> |
| (5) | Necessary matters concerning the notification of the construction work that could cause changes in the topography and features under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
SECTION 2 Fundamental Survey
| Article 12 (Execution of Fundamental Surveys) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to execute a fundamental survey, he or she shall notify in advance the area, period and other necessary matters to the Mayor/Do Governor. The same shall apply where a fundamental survey is completed. <Amended on Mar. 23, 2013> |
| (2) | The Mayor/Do Governor shall, upon receipt of the notification under paragraph (1), immediately notify the head of a Si/Gun/Gu (excluding the cases of the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of such fact, and make a public announcement thereof as prescribed by Presidential Decree. <Amended on Dec. 18, 2012> |
| (3) | Necessary matters concerning the method, procedure, etc. of a fundamental survey shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 13 (Public Notice of Fundamental Survey Results) |
| (1) | The Minister of Land, Infrastructure and Transport shall, upon completion of a fundamental survey, publicly notify the fundamental survey results, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may have a specialized institution related to a survey prescribed by Presidential Decree verify the accuracy of the results of a fundamental survey. <Amended on Mar. 23, 2013> |
| (3) | Where changes have arisen in the topography and features after publicly notifying the fundamental survey results, the Minister of Land, Infrastructure and Transport shall revise the results of the fundamental survey in accordance with such changes. <Amended on Mar. 23, 2013> |
| (4) | Any survey results contrary to survey results publicly notified under paragraph (1) shall not be used. |
| Article 14 (Keeping and Perusal of Fundamental Survey Results) |
| (1) | The Minister of Land, Infrastructure and Transport shall keep the results and the records of fundamental surveys and shall make them available for public perusal. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to reproduce or obtain copies of the results or the records of fundamental surveys shall apply for the reproduction or issuance thereof to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where the details of an application under paragraph (2) fall under any of the following cases, the Minister of Land, Infrastructure and Transport shall not allow the reproduction or issuance of a copy of the results or the records of fundamental surveys: <Amended on Mar. 23, 2013> |
| 1. | Where it is likely to harm national security or other important national interests; |
| 2. | Where it is prescribed as a confidential matter, such as one being kept secret, inspection of which is restricted and so on under other statutes. |
| Article 15 (Publication of Maps by Using Results of Fundamental Surveys) |
| (1) | The Minister of Land, Infrastructure and Transport may publish (including provision of information by an electronic recording method through an information processing system; hereinafter the same shall apply) maps and other necessary publications (hereinafter referred to as "maps, etc.") by using the results and records of a fundamental survey to sell or distribute them. In such cases, maps, etc. that can be read by persons with color vision deficiency, such as color blindness and color weakness, without any difficulty shall be separately published. <Amended on Mar. 23, 2013; Jul. 20, 2021> |
| (2) | Notwithstanding paragraph (1), matters prescribed by Presidential Decree that are likely to harm national security shall not be indicated on maps, etc. <Newly Inserted on Jul. 20, 2021> |
| (3) | The Minister of Land, Infrastructure and Transport may designate a map satisfying the following requirements, among the maps, etc. published under paragraph (1), as a national base map that serves as the basis for the establishment and utilization of spatial data: <Amended on Mar. 23, 2013; Jul. 20, 2021; Jun. 10, 2022> |
| 1. | A map which covers the whole nation and is drawn on a scale prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | A map with a certain size and unified accuracy. |
| (4) | A person who intends to publish maps, etc. by using the results and records of fundamental surveys or maps, etc. published under paragraph (1) to sell or distribute them (excluding a public surveyor under Article 17 (2); hereafter in this Article and Article 15-2 the same shall apply) shall have the relevant maps, etc. examined by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 20, 2021; Jun. 10, 2022> |
| (5) | A person who publishes maps, etc. to sell or distribute them under paragraph (4) shall indicate the results or records of a fundamental survey that he or she has used on the maps, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 20, 2021> |
| (6) | None of the following persons shall publish, sell, or distribute maps, etc. under paragraph (4): <Amended on Jul. 17, 2013; Jul. 20, 2021> |
| 1. | A person who is under adult guardianship or under limited guardianship; |
| 2. | A person in whose case two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for violation of this Act, the National Security Act, or Articles 87 through 104 of the Criminal Act was completely executed (including where execution is deemed completed) or exempted; |
| (7) | Matters necessary for the sale or distribution of maps, etc. published under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 20, 2021> |
| Article 15-2 (Special Cases concerning Examination of Publication of High Definition Road Maps) |
| (1) | Notwithstanding Article 15 (4), where the Minister of Land, Infrastructure and Transport examines a high definition road map defined in subparagraph 4 of Article 2 of the Act on the Promotion of and Support for Commercialization of Autonomous Vehicles (hereinafter referred to as "high definition road map"), he or she may examine only matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are those regarding the identification of security facilities and the security of a high definition road map. |
| (2) | Upon receipt of an application for examination of a high definition road map under paragraph (1), the Minister of Land, Infrastructure and Transport shall complete the examination within 14 days from the date of receipt of the application and shall notify the applicant of the results. |
| (3) | Where a person who has published a high definition road map examined by the Minister of Land, Infrastructure and Transport under paragraph (1) revises and publishes such map, he or she shall submit a copy of the map revised and published to the Minister of Land, Infrastructure and Transport: Provided, That where the revised matters are not subject to examination under paragraph (1), reporting on the revised matters to the Minister of Land, Infrastructure and Transport may be substituted for submission of the copy. |
| (4) | Where any inappropriate matter is included in a high definition road map submitted under paragraph (3), the Minister of Land, Infrastructure and Transport may request the relevant publisher to supplement such map. |
| (5) | Matters necessary for standards and procedures for examining a high definition road map, revision and publication thereof, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 16 (Prohibition of Taking Fundamental Survey Results Abroad) |
| (1) | No person shall take abroad maps, etc. or photos produced for the purpose of a survey, among the results of a fundamental survey, without permission of the Minister of Land, Infrastructure and Transport: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as where the results of a fundamental survey are exchanged with foreign governments, etc. <Amended on Mar. 23, 2013> |
| (2) | No person shall take abroad the results of a fundamental survey in cases of falling under any subparagraph of Article 14 (3): Provided, That the same shall not apply where a decision to take them abroad is made by a consultative body organized by the Minister of Land, Infrastructure and Transport with the heads of the relevant agencies, including the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Unification, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Director of the National Intelligence Service, etc. <Amended on Jun. 3, 2014; Jul. 26, 2017> |
| (3) | The consultative body mentioned in the proviso to paragraph (2) shall include at least one private expert. <Newly Inserted on Oct. 24, 2017> |
| (4) | Matters necessary for the organization, operation, etc. of the consultative body mentioned in the proviso to paragraph (2) and the qualification standards, etc. of the private expert under paragraph (3) shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
SECTION 3 Public Survey and General Survey
| Article 17 (Execution of Public Surveys) |
| (1) | Public surveys shall be conducted based on the results of fundamental surveys or of other public surveys. |
| (2) | A person who conducts a public survey (hereinafter referred to "public surveyor") intends to conduct a public survey, he or she shall submit a working plan for a public survey to the Minister of Land, Infrastructure and Transport in advance as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Where the submitted working plan for a public survey has been changed, such changed working plan shall be submitted. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport finds it necessary for increasing the accuracy of public surveys or avoiding possible duplication of public surveys, he or she may request a public surveyor to submit a long-term plan, or an annual plan of a public survey. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall review the appropriateness of the plans submitted under paragraph (2) or (3), and notify the public surveyor of the results of the review. In such cases, the public surveyor shall comply with such results except in extraordinary circumstances. <Amended on Mar. 23, 2013> |
| (5) | Where a public surveyor intends to perform a public survey, he or she shall notify in advance the Mayor/Do Governor of the area and period of the survey and other necessary matters. The same shall apply where a public survey has been completed. |
| (6) | The Mayor/Do Governor shall, upon completion of a public survey or upon receipt of the notification under paragraph (5), notify the head of a Si/Gun/Gu (excluding the cases of the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of such fact without delay and make a public announcement thereof, as prescribed by Presidential Decree. <Amended on Dec. 18, 2012> |
| Article 18 (Examination of Public Survey Results) |
| (1) | Where a public surveyor has obtained the results of a public survey, he or she shall submit a copy of such results without delay to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport deems it necessary, he or she may have a public surveyor submit a copy of public survey records. <Amended on Mar. 23, 2013> |
| (3) | Upon receipt of a copy of the public survey results under paragraph (1), the Minister of Land, Infrastructure and Transport examine the details thereof without delay and notify the relevant public surveyor of the results of such examination. <Amended on Mar. 23, 2013> |
| (4) | Where it is deemed that the results of a public survey are appropriate as a result of an examination under paragraph (3), the Minister of Land, Infrastructure and Transport shall publicly notify the results of a survey as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (5) | Necessary matters concerning the submission and examination of the results of a public survey shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 19 (Keeping and Perusal of Public Survey Results) |
| (1) | The Minister of Land, Infrastructure and Transport and the public surveyor shall keep the results and the records of public surveys, or copies thereof, and shall make them available for public perusal: Provided, That where the public surveyor cannot retain the results and the records of public surveys, he or she shall send them to the Minister of Land, Infrastructure and Transport for their retention and for public perusal. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to reproduce or obtain copies of the results and the records of public surveys shall apply for the reproduction or issuance thereof to the Minister of Land, Infrastructure and Transport or the public surveyor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where the details of an application under paragraph (2) fall under any subparagraph of Article 14 (3), the Minister of Land, Infrastructure and Transport and a public surveyor shall not allow the reproduction or issuance of a copy of the results and the records of public surveys. <Amended on Mar. 23, 2013> |
| Article 20 (Publication of Maps by Using Results of Public Survey) |
| (1) | A public surveyor may publish a map, etc. by using the results of the public survey to sell or distribute them, as prescribed by Presidential Decree. In such cases, in consideration of the availability to the public, a map, etc. prescribed by Presidential Decree shall be separately published as a map etc. that can be read by persons with color vision deficiency, such as color blindness and color weakness, without any difficulty. <Amended on Jul. 20, 2021> |
| (2) | Notwithstanding paragraph (1), matters prescribed by Presidential Decree that are likely to harm national security shall not be indicated on maps, etc. <Newly Inserted on Jul. 20, 2021> |
| Article 21 (Prohibition of Taking Public Survey Results Abroad) |
| (1) | No person shall take abroad maps, etc. or photos produced for surveys, from among the results of a public survey, without permission of the Minister of Land, Infrastructure and Transport: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as where the results of a public survey are exchanged with foreign governments, etc. <Amended on Mar. 23, 2013> |
| (2) | No person shall take abroad the results of a public survey in cases of falling under any subparagraph of Article 14 (3): Provided, That the same shall not apply where the consultative body referred to in the proviso to Article 16 (2) decides to take abroad matters relating to national security. <Amended on Jun. 3, 2014> |
| Article 22 (Execution of General Surveys) |
| (1) | A general survey shall be conducted based on the results and the records of a fundamental survey and the results and the records of a public survey. |
| (2) | Where the Minister of Land, Infrastructure and Transport finds it necessary for any of the following purposes, he or she may request a person who executes a general survey to submit a copy of the results and the records of the general survey: <Amended on Mar. 23, 2013> |
| 1. | Securing accuracy in the survey; |
| 2. | Avoiding possible duplication in the survey; |
| 3. | Collection and analysis of data on survey. |
| (3) | The Minister of Land, Infrastructure and Transport may determine the working standard of general surveys to ensure the accuracy, etc. of the survey. <Newly Inserted on Jul. 17, 2013> |
SECTION 4 Cadastral Survey
| Article 23 (Execution of Cadastral Surveys) |
| (1) | A cadastral survey shall be conducted in the following cases: <Amended on Jul. 17, 2013> |
| 1. | Where the cadastral control point under Article 7 (1) 3 is set; |
| 2. | Where the results of a cadastral survey are examined under Article 25; |
| 3. | Where it is necessary to conduct a survey and any of the following occurs: |
| (a) | Where the cadastral records are restored under Article 74; |
| (b) | Where land is newly registered under Article 77; |
| (c) | Where land is subject to registration conversion under Article 78; |
| (e) | Where the registration of land engulfed by sea is cancelled under Article 82; |
| (g) | Where registered matters in the cadastral records are revised under Article 84; |
| (h) | Where land is altered in the region where urban development projects, etc. are executed under Article 86; |
| 4. | Where a survey is required in the restoration of a boundary point on the ground; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | Necessary matters concerning the methods, procedures, etc. for cadastral surveys shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 24 (Commissioning of Cadastral Surveys) |
| (1) | Interested persons, including landowners, etc., shall, when they deem it necessary to conduct a cadastral survey on the grounds provided for in Article 23 (1) 1 and 3 (excluding item (i)) through 5, commission either of the following persons (hereinafter referred to as "cadastral surveyor") to conduct the relevant cadastral survey: <Amended on Jul. 17, 2013; Jun. 3, 2014> |
| 1. | A person that has registered cadastral surveying business under Article 44 (1) 2; |
| (2) | Where a cadastral surveyor is commissioned to perform a cadastral survey under paragraph (1), he or she conduct the cadastral survey and determine the results of the relevant survey. |
| (3) | Matters necessary for the commissioning of cadastral surveys and determination of the results of the surveys, etc. under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 17, 2013> |
| Article 25 (Examination on Results of Cadastral Surveys) |
| (1) | Where any cadastral surveyor performs a cadastral survey under Article 23, he or she shall receive an examination by the Mayor/Do Governor, the Mayor of a metropolitan city (referring to the head of a Si the population of which is at least 500 thousand, excluding Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing City under Article 198 of the Local Autonomy Act; hereinafter the same shall apply) or the competent cadastral authority on the results of its cadastral survey: Provided, That the same shall not apply in cases of surveys determined by Ordinance of the Ministry of Land, Infrastructure and Transport, by which the cadastral record is not adjusted. <Amended on Dec. 18, 2012; Mar. 23, 2013; Jan. 12, 2021> |
| (2) | Matters necessary for the method of examination on the results of cadastral surveys and procedures, etc. under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 26 (Method of Determining Areas, etc. Subsequent to Alteration of Land) |
| (1) | The boundary, coordinates or areas due to an annexation shall not be separately subject to a cadastral survey and shall be determined according to the following classifications: |
| 1. | The boundary or coordinates of a parcel after annexation shall be determined by cancelling such portions of boundary or coordinates of each parcel before annexation as have become needless due to annexation; |
| 2. | The area of the relevant parcel after an annexation shall be determined by adding up areas of each parcel before annexation. |
| (2) | Where any error occurs in determining the areas due to registration conversion or partition, matters necessary for the allowable limit and method of rectification, etc. of such error shall be prescribed by Presidential Decree. |
[Title Amended on Jul. 17, 2013]
| Article 27 (Retention and Perusal of Results of Cadastral Control Point) |
| (1) | The Mayor/Do Governor or the competent cadastral authority shall retain the results of a cadastral control point (referring to the result of survey based on the cadastral control point; hereinafter the same shall apply) and the relevant survey records and make them available for public perusal. |
| (2) | A person who intends to obtain a certified copy of the results of a cadastral control point or a copy of the relevant survey records shall apply to the Mayor/Do Governor or to the competent cadastral authority for its issuance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 28 (Cadastral Committee) |
| (1) | There is hereby established a Central Cadastral Committee in the Ministry of Land, Infrastructure and Transport in order to deliberate upon and resolve the following issues: <Amended on Jul. 17, 2013> |
| 1. | Matters concerning the formulation of policies, improvement of services, etc. related to cadastre; |
| 2. | Matters concerning the research, development and dissemination of cadastral survey technology; |
| 3. | Re-examination of the propriety of a cadastral survey conducted under Article 29 (6); |
| 4. | Matters concerning the training of survey technicians in the field of cadastre (hereinafter referred to as "cadastral technicians"), of the survey technicians defined in Article 39; |
| 5. | Matters concerning disposition for the suspension of service of a survey technician and request for disciplinary action under Article 42. |
| (2) | In order to deliberate on and resolve the matters concerning request for an examination of the propriety of a cadastral survey conducted under Article 29, there is hereby established a regional cadastral committee in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). <Newly Inserted on Jul. 17, 2013> |
| (3) | Matters necessary for the composition and operation of the Central Cadastral Committee and the members of regional cadastral committees shall be prescribed by Presidential Decree. <Amended on Jul. 17, 2013; Oct. 24, 2017> |
| (4) | Any person who is not a public official among the Central Cadastral Committee and the members of regional cadastral committees shall be deemed a public official in the application of Articles 127 and 129 through 132 of the Criminal Act. <Newly Inserted on Oct. 24, 2017> |
| Article 29 (Examination as to Whether Cadastral Survey is Proper) |
| (1) | Where there is any dispute on the results of a cadastral survey, landowners, interested parties, or cadastral surveyors may request the competent regional cadastral committee to examine the propriety of the cadastral survey via the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jul. 17, 2013> |
| (2) | Upon receipt of a request for an examination as to whether a cadastral survey is proper under paragraph (1), the Mayor/Do Governor shall investigate the following matters within 30 days, and refer the results to the regional cadastral committee: |
| 1. | Circumstances and results of the cadastral survey subject to dispute; |
| 2. | History of land alteration and of ownership changes in the relevant land; |
| 3. | Surveyed map of the current conditions of the survey datum point, boundary, and main structures in the neighboring areas of the relevant land. |
| (3) | The regional cadastral committee, whereto referred a request for an examination as to whether a cadastral survey is proper under paragraph (2), shall deliberate and resolve on it within 60 days from that day: Provided, That where inevitable, the relevant period may be extended just for once within 30 days by a resolution of the relevant regional cadastral committee. |
| (4) | Where the regional cadastral committee has resolved on an examination as to whether a cadastral survey is proper, it shall prepare the written resolution as prescribed by Presidential Decree, and forward it to the Mayor/Do Governor. |
| (5) | The Mayor/Do Governor shall notify the applicant for the aforementioned examination and the interested parties thereof within seven days from the date of receiving a written resolution under paragraph (4). |
| (6) | Where a person notified of the written resolution under paragraph (5) is dissatisfied with the resolution of the regional cadastral committee, he or she may request, within 90 days from the receipt of the written resolution, the Central Cadastral Committee to re-examine it via the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 17, 2013> |
| (7) | Paragraphs (2) through (5) shall be applicable mutatis mutandis to a request for re-examination under paragraph (6). In such cases, "Mayor/Do Governor" shall be construed as "Minister of Land, Infrastructure and Transport", and "regional cadastral committee" as the "Central Cadastral Committee," respectively. <Amended on Mar. 23, 2013> |
| (8) | The Minister of Land, Infrastructure and Transport in receipt of the written resolution of the Central Cadastral Committee under paragraph (7) shall forward a copy of the relevant written resolution to the competent Mayor/Do Governor. <Amended on Mar. 23, 2013> |
| (9) | Where the applicant for a relevant examination as to whether a cadastral survey is proper or interested parties fail to request a re-examination within the period under paragraph (6), the Mayor/Do Governor in receipt of the written resolution of the regional cadastral committee under paragraph (4) shall forward a copy of the written resolution of the regional cadastral committee to the competent cadastral authority, and shall forward to the competent cadastral authority a copy of the written resolution of the Central Cadastral Committee, which has been received under paragraph (8), along with a copy of the written resolution of the regional cadastral committee, which has been received under paragraph (4). |
| (10) | The competent cadastral authority in receipt of a copy of the written resolution by the regional cadastral committee or the Central Cadastral Committee under paragraph (9) shall, according to their details, either revise the matters registered in the cadastral record or amend the results of survey. |
| (11) | Where the applicant for an examination of the propriety of a cadastral survey or an interested party fails to request a re-examination within the period specified in paragraph (6) after the Special Self-Governing City Mayor has received the written resolution of the regional cadastral committee under paragraph (4) or where the Special Self-Governing City Mayor receives the written resolution of the Central Cadastral Committee under paragraph (8), the relevant Mayor shall either revise the matters registered in the cadastral record or amend the results of the survey, notwithstanding paragraphs (9) and (10). <Newly Inserted on Dec. 18, 2012> |
| (12) | Where a re-examination is not requested within the period specified in paragraph (6) after the regional cadastral committee or the Central Cadastral Committee has made a resolution, no examination as to whether the results of the relevant cadastral survey are proper may be requested again. <Amended on Dec. 18, 2012> |
| Article 30 Deleted. <Feb. 18, 2020> |
| Article 31 Deleted. <Feb. 18, 2020> |
| Article 32 Deleted. <Feb. 18, 2020> |
| Article 33 Deleted. <Feb. 18, 2020> |
| Article 34 Deleted. <Feb. 18, 2020> |
| Article 35 Deleted. <Feb. 18, 2020> |
| Article 36 Deleted. <Feb. 18, 2020> |
| Article 37 Deleted. <Feb. 18, 2020> |
| Article 38 Deleted. <Feb. 18, 2020> |
SECTION 6 Survey Technician
| Article 39 (Survey Technician) |
No person other than a survey technician shall be allowed to conduct a survey prescribed in this Act. <Amended on Feb. 18, 2020>
| (2) | A survey technician shall be any of the following and satisfy the qualifications prescribed by Presidential Decree and his or her degree may be classified as prescribed by Presidential Decree: |
| 1. | A person who has acquired the technical qualifications in the area of survey, geospatial information, cadastral, measurement, production of map, drawing or aerial photography under the National Technical Qualifications Act; |
| 2. | A person who has certain education or experience in the area of survey, geospatial information, cadastral, production of map, drawing or aerial photography. |
| (3) | The professional fields of survey technicians shall be classified into the field of survey and the field of cadastre. <Newly Inserted on Jul. 17, 2013> |
| Article 40 (Reporting by Survey Technician) |
| (1) | A survey technician (excluding a survey technician who is a construction engineer under subparagraph 8 of Article 2 of the Construction Technology Promotion Act and an engineer under Article 2 of the Professional Engineers Act; hereinafter the same shall apply in this Article) who is engaged in the surveying business may report matters necessary for the career management, such as the place of work, career, education, qualification, etc. (hereinafter referred to as "place of work, career, etc.") to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall apply to any modification of the reported matters. <Amended on Mar. 23, 2013; May 22, 2013; Aug. 14, 2018; Feb. 18, 2020> |
| (2) | When the Minister of Land, Infrastructure and Transport receives a report under paragraph (1), he or she shall maintain and manage the report concerning the place of work, career, etc. of the survey technician. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | When a survey technician requests, the Minister of Land, Infrastructure and Transport may issue a certificate that attests the place of work, career, etc. of the relevant survey technician (hereinafter referred to as "surveying technique record certificate"). <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (4) | Where necessary for the confirmation of the details of report under paragraph (1), the Minister of Land, Infrastructure and Transport may request the submission of related data to the heads of related agencies, such as central administrative agencies, local governments, schools under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act, business to which the survey technician who reported belongs and so on. In such cases, the heads of related agencies shall comply with such request unless any extraordinary circumstance exists otherwise. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (5) | When the head of an administrative agency, who intends to grant authorization, permission, registration, license, etc. under this Act or other related statutes, is in need of confirmation of the place of work, career, etc. of a survey technician, he or she shall have them confirmed by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (6) | Where a report under paragraph (1) has no defect for the matters written on the report and accompanying documents, and fulfills the formal requirements provided in the relevant statutes, etc., the report is deemed to be reported when it arrives at the institute in charge of receiving such report. <Newly Inserted on Oct. 24, 2017> |
| (7) | Necessary matters concerning the report of survey technicians, maintenance and management of records, the issuance of surveying technique record certificates, etc. other than those referred to in paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Oct. 24, 2017; Feb. 18, 2020> |
| Article 41 (Responsibility of Survey Technician) |
| (1) | Survey technicians shall survey impartially, in good faith, and shall not refuse to survey without good cause. |
| (2) | Survey technicians shall not disclose any information obtained in the course of conducting their service without good cause. |
| (3) | Any survey technician shall be prohibited from working for at least two surveying business persons. |
| (4) | Any survey technician shall be prohibited from lending their surveying technique record certificate to another person or having another person conduct the surveying business by using their names. |
| Article 42 (Suspension of Survey Technician's Survey Service) |
| (1) | When a survey technician (excluding a survey technician who is a construction engineer as defined in subparagraph 8 of Article 2 of the Construction Technology Promotion Act) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may suspend his or her survey service for a specified period of not more than one year (not more than two years in cases of cadastral technicians). In such cases, where the case is concerning a cadastral technician, it shall undergo the deliberation and resolution of the Central Cadastral Committee as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; May 22, 2013; Jul. 17, 2013; Aug. 14, 2018; Feb. 18, 2020> |
| 1. | Where a survey technician has reported his or her place of work, career, etc. fraudulently or reported the alteration thereof fraudulently under Article 40 (1); |
| 2. | Where a survey technician has lent his or her surveying technique record certificate to another person or had another person conduct the survey service by using his or her name, in violation of Article 41 (4); |
| 3. | Where a cadastral technician has failed to conduct a cadastral survey fairly and in good faith in violation of Article 50 (1) or has inflicted a loss to another person due to an erroneous cadastral survey conducted in bad faith or as a result of gross negligence; |
| 4. | Where the cadastral technician has rejected any request for his or her cadastral survey service without good cause, in violation of Article 50 (1). |
| (2) | Where a cadastral technician falls under any subparagraph of paragraph (1), the Minister of Land, Infrastructure and Transport may demand the Korea Land Information Corporation or cadastral surveying business person to which he or she belongs to dismiss him or her or to take any other appropriate disciplinary action, taking into account the frequency, degree, cause, effect, etc. of such violation. <Newly Inserted on Jul. 17, 2013; Jun. 3, 2014> |
| (3) | Guidelines for administrative dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 17, 2013; Feb. 18, 2020> |
[Title Amended on Jul. 17, 2013]
| Article 43 Deleted. <Feb. 18, 2020> |
SECTION 7 Surveying Business
| Article 44 (Registration of Surveying Business) |
| (1) | Survey business shall be classified into the following business types: |
| 1. | Geodetic surveying business; |
| 2. | Cadastral surveying business; |
| 3. | Other types of business prescribed by Presidential Decree, such as aerial photography and map production. |
| (2) | A person who intends to engage in the surveying business shall satisfy the registration standards for technical human resources, equipment, etc. prescribed by Presidential Decree for each type of the surveying business and shall register with the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city: Provided, That the Korea Land Information Corporation may engage in the cadastral surveying business under paragraph (1) 2 without registration. <Amended on Mar. 23, 2013; Jun. 3, 2014; Feb. 18, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall issue a surveying business registration certificate and a surveying business registration pocketbook to the person who has registered a surveying business (hereinafter referred to as "surveying business person") under paragraph (2). <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (4) | Where a surveying business registration certificate or a surveying business registration pocketbook issued pursuant to paragraph (3) is lost or damaged, a surveying business person may be re-issued with such certificate or pocketbook, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jun. 10, 2022> |
| (5) | Where the registered matters are changed, the surveying business person shall report thereon to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city. <Amended on Mar. 23, 2013; Feb. 18, 2020; Jun. 10, 2022> |
| (6) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall notify a reporting person of whether his or her report is accepted within 20 days from the date of receipt of the report under paragraph (5). <Newly Inserted on Aug. 10, 2021; Jun. 10, 2020> |
| (7) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city fails to notify a reporting person of whether his or her report is accepted or of an extension of the processing period under statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (6), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period where the processing period is extended or re-extended under statutes and regulations related to the processing of civil petitions). <Newly Inserted on Aug. 10, 2021; Jun. 10, 2022> |
| (8) | Matters necessary for the registration of surveying business, reporting on changes in registered matters, procedures for the issuance of a surveying business registration certificate and a surveying business registration pocketbook, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 10, 2021; Jun. 10, 2022> |
| Article 45 (Scopes of Business of Cadastral Surveying Business Person) |
A person who has registered the cadastral surveying business under Article 44 (1) 2 (hereinafter referred to as "cadastral surveying business person") may engage in the informatization business by utilizing the following cadastral surveys and cadastral computerized data, of the cadastral surveys conducted for the reasons referred to in Article 23 (1) 1, and 3 through 5: <Amended on Sep. 16, 2011; Jul. 17, 2013; Dec. 10, 2019> | 1. | A cadastral survey conducted in a region where the boundary point coordinate register under Article 73 is kept; |
| 3. | A cadastral confirmation survey conducted following the completion of any urban development project, etc. under Article 86. |
| Article 46 (Succession to Status of Surveying Business Person) |
| (1) | Where a surveying business person transfers his or her business or dies or there is a merger of a surveying business person that is a corporation and where the transferee or heir of the business, or a corporation surviving or established after the merger intends to succeed to the status of the previous surveying business person, such transferee, heir, or corporation shall report thereon to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city within 30 days from the date of the transfer, inheritance, or merger. <Amended on Aug. 10, 2021> |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall not accept such report if a person who intends succeed to the status of a surveying business person falls under any of the subparagraphs of Article 47. <Amended on Aug. 10, 2021> |
| (3) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall notify a reporting person of whether his or her report is accepted within 20 days from the date of receipt of the report under paragraph (1). <Newly Inserted on Aug. 10, 2021> |
| (4) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city fails to notify a reporting person of whether his or her report is accepted or of an extension of the processing period under statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period where the processing period is extended or re-extended under statutes and regulations related to the processing of civil petitions), notwithstanding paragraph (2). <Newly Inserted on Aug. 10, 2021> |
| (5) | Where a report under paragraph (3) is accepted (including where a report is deemed accepted under paragraph (4)), a transferee, an heir, or a corporation surviving or established after a merger under paragraph (1) shall succeed to the status of the previous surveying business person from the date of the relevant transfer, inheritance, or merger. <Newly Inserted on Aug. 10, 2021> |
| Article 47 (Grounds for Disqualification for Registration of Survey Business) |
None of the following persons shall register a surveying business: <Amended on Jul. 17, 2013; Dec. 29, 2015>
| 1. | A person who is under adult guardianship or under limited guardianship; |
| 2. | A person who was sentenced to imprisonment without labor or heavier penalty for a violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and for whom two years have not elapsed since the completion of its execution (including cases where it is deemed that its execution was completed) or the date when its execution was exempted; |
| 4. | A person for whom two years have not yet lapsed after his or her registration of surveying business was revoked under Article 52 (excluding the cases that a registration is revoked under subparagraph 1 of Article 47); |
| 5. | A corporation which has a person who falls under any of the subparagraphs 1 through 4 among its executive officers. |
| Article 48 (Reporting of Suspension or Closure, etc. of Survey Business) |
Any of the following persons shall report the relevant fact to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city within 30 days from the date the relevant fact occurs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Feb. 18, 2020>
| 1. | Where a corporation that is a surveying business person has been dissolved, on account of a reason other than the bankruptcy or merger, its liquidator; |
| 2. | Where the surveying business person has closed his or her business, such surveying business person; |
| 3. | Where the surveying business person has suspended his or her business for 30 days or more, or has recommenced his or her business after suspension of business, such surveying business person. |
| Article 49 (Prohibition on Lending Survey Business Registration Certificate) |
| (1) | A surveying business person shall be prohibited from lending his or her surveying business registration certificate or surveying business registration pocketbook to another person or getting another person to conduct the surveying business using his or her name or trade name. |
| (2) | No person shall use by renting another person's registration certificate or registration pocketbook, or conduct the surveying business by using another person's name or trade name. |
| Article 50 (Duty of Good Faith of Cadastral Surveyor) |
| (1) | Any cadastral surveyor (including cadastral technicians under his or her supervision; hereinafter in this Article the same shall apply) shall fairly conduct a cadastral survey in good faith, and shall not reject any request for his or her cadastral survey services without good cause. <Amended on Jul. 17, 2013> |
| (2) | Every cadastral surveyor shall be prohibited from conducting a cadastral survey of land owned by himself or herself, his or her spouse or any lineal descendant or ascendant. |
| (3) | Every cadastral surveyor shall be prohibited from receiving any price for his or her cadastral survey service under any pretext, except cadastral survey fees fixed under Article 106 (2). |
| Article 51 (Liability for Indemnifying against Damages) |
| (1) | When any cadastral surveyor causes damage to the property of any person who commissions a cadastral survey service or of any third party by poorly performing his or her cadastral survey by intention or negligence after being commissioned by another person, he or she shall be liable to indemnify such damage. <Amended on Jun. 9, 2020> |
| (2) | Any cadastral surveyor shall take necessary measures, including the insuring of himself/herself, etc. to ensure his or her liability for the indemnity of any damage referred to in paragraph (1), as prescribed by Presidential Decree. |
| Article 52 (Revocation of Registration of Survey Business) |
| (1) | Where a surveying business person falls under any of the following cases, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall revoke the registration of the surveying business or order him or her to suspend his or her business for a fixed period of not more than one year: Provided, That the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall revoke the registration of surveying business in cases falling under subparagraphs 2, 4, 7, 8, 11, or 15: <Amended on Mar. 23, 2013; Jun. 3, 2014; Apr. 17, 2018; Feb. 18, 2020; Jun. 9, 2020; Jun. 10, 2022> |
| 1. | Where he or she has inaccurately conducted survey by intention or negligence; |
| 2. | Where he or she has registered the surveying business by fraud or other improper means; |
| 3. | Where he or she has not commenced the business within one year from the registration date of the surveying business or suspended the business for one year or more continuously without good cause; |
| 4. | Where he or she has failed to meet the registration standards under Article 44 (2): Provided, That cases where he or she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree shall be excluded therefrom; |
| 5. | Where he or she has failed to make a report on modification of the registered matters of the surveying business in violation of Article 44 (5); |
| 6. | Where a cadastral surveying business person has conducted a cadastral survey in violation of the scope of business under Article 45; |
| 7. | Where he or she falls under any subparagraph of Article 47: Provided, That this shall not apply where he or she falls under subparagraph 5 of the same Article, but the grounds therefor cease to exist within three months from the date such grounds arise; |
| 8. | Where he or she has lent his or her surveying business registration certificate or surveying business registration pocketbook to another person, or has had another person conduct the surveying business by using his or her name or trade name in violation of Article 49 (1); |
| 9. | Where a cadastral surveying business person has violated Article 50; |
| 10. | Where he or she has not taken necessary measures, such as purchasing an insurance policy in violation of Article 51; |
| 11. | Where he or she continually operates his or her business during a period of business suspension; |
| 12. | Where he or she fails to comply with an order to suspend business of an executive officer under Article 52 (3); |
| 13. | Where a cadastral surveying business person receives excessive or reduced cadastral survey fees under Article 106 (2) compared with the fees publicly notified under paragraph (3) of the same Article; |
| 14. | In cases of being asked by another administrative agency to revoke its registration or suspend its business under other statutes; |
| (2) | Paragraph (1) 7 shall not be applicable until the date when six months have elapsed since a successor to the status of the surveying business person falls under the grounds for disqualification for registration of surveying business under Article 47. |
| (3) | Where a surveying business person falls under subparagraph 5 of Article 47, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city may order the person to suspend duties of an executive officer falling under any of subparagraphs 1 through 4. <Newly Inserted on Apr. 17, 2018; Feb. 18, 2020> |
| (4) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall, where he or she has revoked the registration of surveying business or taken a disposition of business suspension under paragraph (1), make a public announcement thereof. <Amended on Mar. 23, 2013; Apr. 17, 2018; Feb. 18, 2020> |
| (5) | Detailed standards for the revocation of registration of surveying business and disposition of business suspension shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 17, 2018; Feb. 18, 2020> |
| Article 52-2 (Succession to the Effect of Administrative Measures against Surveying Business Persons) |
| (1) | When a surveying business person who has filed a business closure report under Article 48 re-registers the same surveying business with that as at the time of reporting, he or she shall succeed to the position of a surveying business person held before filing the report on business closure. |
| (2) | In cases of falling under paragraph (1), an administrative measure taken due to a violation of Article 52 (1) or any subparagraph of Article 111 (1) shall be succeeded by the person who has re-registered the surveying business within six months from the date of business closure (hereinafter referred to as "re-registered surveying business person" in this Article). |
| (3) | In cases of falling under paragraph (1), an administrative measure may be taken against a re-registered surveying business person for his or her act of violation set forth in the subparagraphs of Article 52 (1) committed before filing a report on business closure: Provided, That any of the following cases shall be excluded therefrom: |
| 1. | Where the period from the date of report on business closure to the date of re-registration of the surveying business (hereinafter referred to as "period of business closure" in this Article) exceeds two years; |
| 2. | Where the administrative measure imposed against a violation committed before filing a report on business closure corresponds to a business suspension and the period of business closure exceeds one year. |
| (4) | When any administrative measure is taken under paragraph (3), the period of and the reason for business closure shall be taken into consideration. |
[This Article Newly Inserted on Jun. 3, 2014]
| Article 53 (Execution of Survey Projects, etc. by Surveying Business Person after Disposition of Registration Revocation, etc.) |
| (1) | A surveying business person who has been subjected to a disposition of registration revocation or business suspension, or his or her general successor may continue to conduct a survey project by a contract concluded before the said disposition or report on business closure: the same shall not apply to the cadastral surveying business person or his or her general successor who has been subjected to the disposition of registration revocation or business suspension under Article 48. <Amended on Jun. 3, 2014> |
| (2) | In cases of falling under paragraph (1), a surveying business person or his or her general successor shall, without delay, notify the details of relevant disposition to the person who has placed an order of survey project. |
| (3) | A person, who continues to conduct a survey project in accordance with paragraph (1), shall be considered a surveying business person until the date of the completion of the survey project. |
| (4) | Except cases where any special grounds exist, the person who has placed an order for survey project may terminate the contract for survey project, only within 30 days from the date of receiving the notification under paragraph (2) from the relevant surveying business person, or from the date when he or she has become aware of the relevant facts. |
| Article 54 Deleted. <Feb. 18, 2020> |
| Article 55 (Consideration of Surveys) |
| (1) | Standards for consideration of fundamental surveys and public surveys and matters necessary for the calculation method shall be prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport shall, where he or she determines the standards mentioned in paragraph (1), hold consultations with the Minister of Economy and Finance. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Consideration of general survey may be calculated by applying mutatis mutandis the standards under paragraph (1). |
[Title Amended on Feb. 18, 2020]
| Article 56 Deleted. <Jun. 3, 2014> |
| Article 57 Deleted. <Feb. 18, 2020> |
| Article 58 Deleted. <Jun. 3, 2014> |
| Article 59 Deleted. <Jun. 3, 2014> |
| Article 60 Deleted. <Jun. 3, 2014> |
| Article 61 Deleted. <Jun. 3, 2014> |
| Article 62 Deleted. <Jun. 3, 2014> |
| Article 63 Deleted. <Jun. 3, 2014> |
CHAPTER III CADASTRE OF LAND
SECTION 1 Registration of Land
| Article 64 (Examination and Registration of Land) |
| (1) | The Minister of Land, Infrastructure and Transport shall register all lands in the cadastral record, after examining and surveying by parcel their location, parcel number, land category, area, boundary or coordinate, etc. <Amended on Mar. 23, 2013> |
| (2) | Parcel number, land category, area, boundary or coordinates to be registered in the cadastral record shall be determined by the competent cadastral authority upon an application from a landowner (in cases of an association or foundation which is not a corporation, referring to its representative or manager; hereinafter the same shall apply) when land is altered: Provided, That where no application exists, the competent cadastral authority may determine them by making an ex officio examination and survey. |
| (3) | Matters necessary for the procedures, etc. for the examination and survey under the proviso to paragraph (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 65 (Partitioning of Ground Boundary) |
| (1) | The ground boundaries of land shall be partitioned by embankments, walls, or other structures or boundary markers that can serve as the objects of division. |
| (2) | The competent cadastral authority shall, where it newly determines ground boundaries due to any alteration of land, prepare and manage the ground boundary points register in which the following matters are registered: |
| 3. | Coordinates of boundary points (applicable only to the regions where the boundary point coordinate register is enforced); |
| 4. | A diagram of locations of boundary points; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Matters necessary for the determination of ground boundaries under paragraph (1), including the criteria for determination of ground boundaries, shall be prescribed by Presidential Decree, and matters necessary for the standards, material, etc. of boundary markers shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jul. 17, 2013]
| Article 66 (Setting of Parcel Number) |
| (1) | Parcel numbers shall be serial numbers set by the competent cadastral authority by area on which a parcel number is set. |
| (2) | The competent cadastral authority may, where deemed necessary to change parcel numbers registered in the cadastral record, set a new parcel number in whole or part within the parcel numbering region, upon approval of the Mayor or Do Governor or Metropolitan City Mayor. |
| (3) | Matters necessary for the method of setting parcel numbers and procedures, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 67 (Classification of Land Categories) |
| (1) | Land categories shall be determined by classifying them into the dry paddy field, paddy field, orchard, pasture, forestry, mineral spring site, saltern, site, factory site, school site, parking lot, gas station site, warehouse site, road, railway site, bank, river, ditch, marsh, fish farm, water supply site, park, gymnastic site, recreation area, religion site, historic site, graveyard, and miscellaneous land. |
| (2) | Matters necessary for the classification of land categories and their setting methods, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 68 (Unit of Area) |
| (1) | The unit of area shall be set in square meters. |
| (2) | Matters necessary for the methods, etc. for determination of area shall be prescribed by Presidential Decree. |
Section 2 Cadastral Records
| Article 69 (Keeping and Preservation of Cadastral Record) |
| (1) | The competent cadastral authority shall install a cadastral library in the relevant building and preserve cadastral records therein permanently (excluding cases where the records are recorded and stored through an information processing system; hereinafter the same shall apply in this paragraph). Cadastral records shall not be taken out of the relevant building, except in any of the following cases: |
| 1. | Where deemed necessary for avoiding the natural disaster and other misfortunes equivalent thereto; |
| 2. | Where an approval of the competent Mayor/Do Governor or Metropolitan City Mayor is granted. |
| (2) | Where cadastral records are recorded and stored through an information processing system, the competent Mayor/Do Governor or head of a Si/Gun/Gu shall preserve such cadastral records permanently in the cadastral information management system. <Amended on Jul. 17, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall build an information management system to reproduce and manage cadastral records just in case where the cadastral records to be preserved under paragraph (2) may be destructed or damaged. <Amended on Mar. 23, 2013; Jul. 17, 2013> |
| (4) | Matters necessary for the installation criteria for a cadastral library, the method for keeping the cadastral record, and the approval procedures for carrying out, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 70 (Establishment of Exclusive Cadastral Information Management Organization) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish and operate the exclusive cadastral information management organization in order to efficiently manage and utilize cadastral records. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may, in order to utilize cadastral records as data for taxation or real estate policy, etc., request the relevant data to the authorities that manage the resident registration computerized data, family relationship registration computerized data, real estate registration data or computerized data on official land prices, etc. and the heads of authorities in receipt of such request shall comply with such request unless any extraordinary circumstance exists otherwise. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Detailed matters concerning the establishment and operation of the exclusive management organization of cadastral information under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 71 (Matters to Be Entered in Registers) |
| (1) | The parcels-register for sites and the parcels-register for forest areas shall have each of the following matters to be indicated: <Amended on Apr. 12, 2011; Mar. 23, 2013> |
| 5. | Name or title, address, and resident registration number of the owner (in cases of the State, a local government, a corporation, an association, or a foundation that is not a corporation, and a foreigner, referring to their registration numbers issued under Article 49 of the Registration of Real Estate Act; hereinafter the same shall apply); |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where two or more landowners exist under paragraph (1) 5, each of the following matters shall be indicated in the joint signature book of common land: <Amended on Mar. 23, 2013> |
| 4. | Names or titles, addresses and resident registration numbers of the owners; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where any registration of site ownership is made pursuant to the Registration of Real Estate Act for the land to be registered in the parcels-register for sites or the parcels-register for forest areas, each of the following matters shall be entered in the site ownership register: <Amended on Mar. 23, 2013> |
| 3. | Shares of site ownership; |
| 4. | Name or title, address, and resident registration number of the owner; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 72 (Matters to Be Registered in Cadastral Maps) |
In the cadastral maps and forestry maps, each of the following matters shall be registered: <Amended on Mar. 23, 2013>
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 73 (Matters to Be Entered in Boundary Point Coordinate Registers) |
The competent cadastral authority shall, with regard to the land to be newly registered in the cadastral record on account of urban development projects, etc. under Article 86, keep the boundary point coordinate register, and enter any of the following matters therein: <Amended on Mar. 23, 2013> | 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 74 (Restoration of Cadastral Record) |
The competent cadastral authority (in case of cadastral record under Article 69 (2), the Mayor/Do Governor and the head of a Si/Gun/Gu) shall, where the whole or any part of the cadastral record is destroyed or damaged, restore it without delay, as prescribed by Presidential Decree.
| Article 75 (Perusal of Cadastral Record and Delivery of Its Attested Copy) |
| (1) | A person who intends to peruse the cadastral record or to be issued an attested copy thereof shall apply therefor to the competent cadastral authority: Provided, That where he or she intends to peruse the cadastral record (excluding cadastral maps or forestry maps) recorded or stored in an information processing system or to be issued an attested copy thereof, he or she may apply therefor to the Special Self-Governing City Mayor, the head of the Si/Gun/Gu, or the head of the Eup/Myeon/Dong. <Amended on Dec. 18, 2012> |
| (2) | Matters necessary for a perusal of cadastral record and procedures, etc. for a delivery of its attested copy under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 76 (Use of Cadastral Computerized Data) |
| (1) | A person who intends to use or utilize computerized data concerning cadastral records (including serial cadastral maps; hereinafter referred to as "cadastral computerized data") shall apply for the cadastral computerized data to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the competent cadastral authority according to the classification described below: <Amended on Mar. 23, 2013; Jul. 17, 2013; Oct. 24, 2017> |
| 1. | Cadastral computerized data of the nation-wide unit: The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the competent cadastral authority; |
| 2. | Cadastral computerized data of City/Do unit: The Mayor/Do Governor or the competent cadastral authority; |
| 3. | Cadastral computerized data of a Si/Gun/Gu unit (including Gu which is not an autonomous Gu): The competent cadastral authority. |
| (2) | A person who intends to apply for the cadastral computerized data under paragraph (1) shall go through the examination of the head of the related central administrative agency in advance concerning the purpose of using or utilizing cadastral computerized data, as prescribed by Presidential Decree: Provided, That the same shall not apply where the head of the central administrative agency, the head of the institution annexed thereto or the head of a local government applies therefor. <Amended on Oct. 24, 2017> |
| (3) | Notwithstanding paragraph (2), where falling under any of the following, no examination of the relevant central administrative agency may be required: <Amended on Oct. 24, 2017> |
| 1. | A land owner requests cadastral computerized data of his or her own land; |
| 2. | A successor of a deceased land owner requests the cadastral computerized data of the predecessor’s land; |
| (4) | Matters necessary for the use and utilization of cadastral computerized data under paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended on Jul. 17, 2013> |
| Article 76-2 (Management and Administration of Comprehensive Real Estate Records) |
| (1) | In order to ensure the efficient utilization of real estate and the comprehensive management and administration of information on real estate, the competent cadastral authority shall manage and administrate comprehensive real estate records. |
| (2) | The competent cadastral authority shall permanently preserve comprehensive real estate records and establish an information management system to reproduce and separately manage the comprehensive real estate records just in case they are destroyed or damaged. |
| (3) | The head of an agency that manages the matters to be registered in the subparagraphs of Article 76-3 shall provide the relevant information to the competent cadastral authority on a regular basis. |
| (4) | Where necessary for the accurate registration in and management of the comprehensive real estate records, the competent cadastral authority may, where necessary for the accurate registration in and management of the comprehensive real estate records, request the head of an agency that manages the matters to be registered in the subparagraphs of Article 76-3 to submit the relevant data. In such cases, the head of an agency in receipt of the request for submission of such data shall provide them unless any special ground exists. |
[This Article Newly Inserted on Jul. 17, 2013]
| Article 76-3 (Matters to Be Registered in Comprehensive Real Estate Records) |
The competent cadastral authority shall register the following matters in a comprehensive real estate record: <Amended on Jan. 19, 2016>
| 1. | Definition of land and the owners thereof: The content of a cadastral record under this Act; |
| 2. | Definition of a building and the owners thereof (if any building exists on the relevant land): The content of a building register under Article 38 of the Building Act; |
| 5. | Other matters prescribed by Presidential Decree as necessary for the efficient use and the comprehensive management and administration of real estate information. |
[This Article Newly Inserted on Jul. 17, 2013]
| Article 76-4 (Inspection of Comprehensive Real Estate Records and Issuance of Certificates) |
| (1) | Any person who intends to inspect comprehensive real estate records or obtain a certificate that attests all or some of the matters entered therein (hereinafter referred to as "comprehensive real estate certificate") may file an application therefor with the competent cadastral authority or the head of the competent Eup/Myeon/Dong. |
| (2) | Matters necessary for procedures for the inspection of comprehensive real estate records, issuance of comprehensive real estate certificates, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jul. 17, 2013]
| Article 76-5 (Application Mutatis Mutandis) |
Article 84 shall apply mutatis mutandis to the correction of matters registered in comprehensive real estate records. [This Article Newly Inserted on Jul. 17, 2013]
SECTION 3 Application for Land Alteration, Cadastral Adjustment
| Article 77 (Application for New Registration) |
Any landowner shall, where land to be newly registered exists, file a new application to the competent cadastral authority within 60 days from the date on which such ground occurs, as prescribed by Presidential Decree.
| Article 78 (Application for Registration Conversion) |
Any landowner shall, where land subject to a registration conversion exists, file an application therefor to the competent cadastral authority within 60 days from the date on which such ground occurs, as prescribed by Presidential Decree.
| Article 79 (Application for Partition) |
| (1) | Any landowner shall, where he or she intends to make a partition of land, file an application therefor to the competent cadastral authority, as prescribed by Presidential Decree. |
| (2) | Any landowner shall, where part of one parcel registered in the cadastral record comes to face with a change of use due to a form and quality alteration, file an application for land partition to the competent cadastral authority within 60 days from the relevant date, as prescribed by Presidential Decree. |
| Article 80 (Application for Annexation) |
| (1) | Any landowner shall, where he or she intends to annex land, apply to the competent cadastral authority, as prescribed by Presidential Decree. |
| (2) | Any landowner shall, where land subject to annexation exists, such as a site for collective housing under the Housing Act and a road, bank, river, ditch, marsh, and other land areas prescribed by Presidential Decree, file an application therefor to the competent cadastral authority within 60 days from the date on which such ground occurs. |
| (3) | No application shall be filed for annexation under any of the following cases: <Amended on Feb. 4, 2020> |
| 1. | Where the parcel numbering region, land category, or owner of the land subject to annexation differs from one another; |
| 2. | Where other registrations than those falling under any of the following items exist as to land subject to annexation: |
| (a) | Registration of ownership, superficies, lease on a deposit basis, or tenement property rights; |
| (b) | Registration of servitude exercised on a servient tenement; |
| (c) | Registration for the mortgage of which the cause, date, and receipt number are identical as to the whole land subject to annexation; |
| 3. | Other cases prescribed by Presidential Decree, such as where the scales of cadastral map and forestry map of each land subject to annexation differ from one another. |
| Article 81 (Application for Land Category Change) |
Any landowner shall, where land exists the category of which is to be changed, apply to the competent cadastral authority within 60 days from the date on which such ground occurs, as prescribed by Presidential Decree.
| Article 82 (Application for Cancellation of Registration of Land Engulfed by Sea) |
| (1) | The competent cadastral authority shall, where a land area registered in the cadastral record has been engulfed by sea due to configurative changes, etc., and where the said land may not be reinstated or for which there exists no possibility for becoming a land area of different category, notify the landowner, who is registered in the cadastral record, to file an application for cancellation of registration in the cadastral record. |
| (2) | The competent cadastral authority shall, where the landowner pursuant to paragraph (1) fails to file an application for cancellation of registration within 90 days from the date of receiving such notification, cancel the said registration, as prescribed by Presidential Decree. |
| (3) | The competent cadastral authority may, where the land, the registration of which was cancelled under paragraph (2), has again been turned into land due to configurative changes, etc., obtain registration for its restoration, as prescribed by Presidential Decree. |
| Article 83 (Scale Change) |
| (1) | The Scale Change Committee shall be established within the competent cadastral authority in order to deliberate upon and resolve matters concerning the scale change. |
| (2) | Where the cadastral map falls under any of the following cases, the competent cadastral authority may designate certain region upon request of the landowner or ex officio and change the scale of such region: |
| 1. | Where it is difficult to decide the result of the cadastral survey with a small scale or to readjust due to land alteration as the scale of one parcel is small due to frequent land alteration; |
| 2. | Where cadastral maps with different scales exist in one parcel numbering region; |
| 3. | Where it is deemed necessary in order to manage the cadastral records. |
| (3) | Where the competent cadastral authority intends to execute the scale change under paragraph (2), it shall obtain consent from 2/3 or more of the landowners in the relevant execution area and the approval of the Mayor/Do Governor or the Metropolitan City Mayor, after going through a resolution of the Scale Change Committee under paragraph (1): Provided, That it may execute the scale change without going through the procedures of a resolution of the Scale Change Committee and obtaining approval from the Mayor/Do Governor or the Metropolitan City Mayor in any of the following cases: |
| 1. | Where a scale change is made as land areas subject to annexation are respectively registered in the cadastral maps of different scale; |
| 2. | Where a scale change is made on the land area excluded from an execution of the urban development projects, etc. under Article 86, which is located in an execution area of the relevant project. |
| (4) | Matters necessary for the procedure for scale changes, the dealing with increase or decrease of area due to scale change, the filing of an objection against the scale change results, and the composition and operation, etc. of the Scale Change Committee, shall be prescribed by Presidential Decree. |
| Article 84 (Revision of Registered Matters) |
| (1) | A landowner may, where he or she finds that an error exists in the registered matters on the cadastral record, apply for its revision to the competent cadastral authority. |
| (2) | The competent cadastral authority may, where it finds that an error exists in the registered matters on the cadastral record, revise it by investigating and surveying ex officio the relevant lands, as prescribed by Presidential Decree. |
| (3) | Where the boundary of an adjacent land is changed due to a revision under paragraph (1), any of the following documents shall be submitted to the competent cadastral authority: |
| 1. | Written consent of the owner of adjacent land; |
| 2. | Authentic copy of a final and conclusive decision capable of setting up against it if the owner of adjacent land does not consent. |
| (4) | The competent cadastral authority shall, where it intends to revise registered matters under paragraph (1) or (2), and where such revised matters are relevant to the landowner, revise them on the basis of a certificate of completion of registration, a notice of completion of registration, a certificate of registered matters, or the registration computer-information data furnished by the registry office: Provided, That where the revised matters for unregistered land, for which an application is filed under paragraph (1), are related to the name or title, resident registration number, address, etc. of the landowner, and they are entered apparently in error, they shall be revised on the basis of the certificate of recorded matters of family relationship. <Amended on Apr. 12, 2011> |
| Article 85 (Changes of Titles of Administrative Areas) |
| (1) | The location of land registered in the cadastral record shall, where the title of an administrative area is changed, be deemed to have been changed into the newly changed title of the administrative area. |
| (2) | The competent cadastral authority shall, where part of the area whereon a parcel number is set comes to belong to the area whereon a different parcel number is set due to a reorganization of administrative area, set a new parcel number thereon. |
| Article 86 (Special Case of Application for Land Alteration in Region where Urban Development Projects, etc. are Executed) |
| (1) | Each executor of a urban development project under the Urban Development Act, the rearrangement project of agricultural and fishing villages under the Agricultural and Fishing Villages Improvement Act, and other land development project prescribed by Presidential Decree shall file a report on the commencement, alteration or completion of such a project with the competent cadastral authority, as prescribed by Presidential Decree. |
| (2) | Where any land alteration is necessary in relation to the project under paragraph (1), the executor of the project concerned shall file an application for such land alternation with the competent cadastral authority. |
| (3) | Any land alteration under paragraph (2) shall be deemed to have been made as at the time of completion of works for the alternation of the form and quality of land. |
| (4) | Where the owner of the land for which a report on commencement or alteration of the project under paragraph (1) has been filed intends to alter the relevant land, he or she shall request the relevant project executor to file an application for land alteration, and the relevant project executor that has been requested to do so shall apply for the alteration of such land with the competent cadastral authority as it deems that such land alternation will not hinder the relevant project. |
| Article 87 (Subrogation of Application) |
The persons described below may file an application for and on behalf of a landowner under this Act: Provided, That this shall not apply to any land subject to the revision of registered matters under Article 84: <Amended on Jun. 3, 2014> | 1. | In case of land to be turned into a school site, road, railway site, bank, river, ditch, marsh, water supply site, or any other land category, due to a public project, etc.: The executor of the said project; |
| 2. | In case of land to be acquired by the State or a local government: The head of an administrative agency or local government to manage the said land; |
| Article 88 (Adjustment of Landowners) |
| (1) | The changed matters of the landowners registered in the cadastral record shall be adjusted on the basis of a certificate of completion of registration, a notice of completion of registration, a certificate of registered matters, or the registration computer-information data furnished and certified by the registry office: Provided, That the owners of land to be newly registered shall be directly investigated and registered by the competent cadastral authority. <Amended on Apr. 12, 2011> |
| (2) | Where the office of general management under subparagraph 10 of Article 2 of the State Property Act or the head of a central government agency under subparagraph 11 of the same Article files an application for the registration of an owner under Article 12 (3) of the same Act on the land whose owner is not registered in the cadastral record, the competent cadastral authority may register it only where the relevant landowner is not registered. <Amended on Mar. 30, 2011> |
| (3) | Where the definition of land entered in the register is inconsistent with the cadastral record, the owner of the land shall not be adjusted under paragraph (1). In such cases, such a purport shall be notified to the competent registry office. |
| (4) | The competent cadastral authority, where deemed necessary, shall investigate and verify whether the cadastral record and the real estate register are in accord by a perusal of the register of competent registry office, and where any discrepancy is found, may adjust ex officio the cadastral record by a certificate of registered matters or the registration computer-information data furnished by the registry office, or request the landowner and other interested parties to file an application necessary for the said conformity. <Amended on Apr. 12, 2011> |
| (5) | Where the public officials belonging to the competent cadastral authority peruse the register in order to verify whether the cadastral record and the real estate register are consistent, or apply for the delivery of a certificate of registered matters or the provision of the registration computer-information data furnished by the registry office, the delivery of such documents shall be free of charge. <Amended on Apr. 12, 2011> |
| Article 89 (Entrustment of Registration) |
| (1) | Where any registration is required for a change of land definition due to causes as provided for in Articles 64 (2) (excluding a new registration), 66 (2), 82, 83 (2), 84 (2) or 85 (2), the competent cadastral authority shall, entrust such registration to the competent registry office without delay. In such cases, such entrustment of registration shall be deemed a registration by the State for its own sake. |
| (2) | Matters necessary for the entrustment of registration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 90 (Notice of Cadastral Adjustments) |
Where the competent cadastral authority registers in the cadastral record or restores, cancels or entrusts a registration under the proviso to Article 64 (2), Article 66 (2), 74, 82 (2), 84 (2), 85 (2), 86 (2), 87 or 89, it shall notify the relevant land owners, as prescribed by Presidential Decree: Provided, That where the addresses or whereabouts of persons to be notified are unknown, the public announcement thereof shall be made on the daily newspaper or the official report or website of the relevant Si/Gun/Gu, as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
Chapter IV Supplementary Provisions
| Article 91 (Establishment of National Geographical Names Committee) |
| (1) | A National Geographical Names Committee shall be established in the Ministry of Land, Infrastructure and Transport to deliberate and decide on the following matters regarding geographical names: <Amended on Mar. 23, 2013; Feb. 18, 2020; Jun. 10, 2022> |
| 1. | Matters regarding assigning, changing, and abolishing geographical names; |
| 2. | Matters regarding improving statutes or regulations, systems, or policies related to geographical names; |
| 3. | Other matters prescribed by Presidential Decree, which are necessary for geographical names. |
| (2) | A City/Do geographical names committee shall be established in each City/Do and a Si/Gun/Gu geographical names committee in each Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) in order to deliberate and decide on matters regarding assigning, changing, and abolishing the geographical names of areas under its jurisdiction and other important matters regarding geographical names. <Amended on Jun. 10, 2022> |
| (3) | A member of the National Geographical Names Committee, a City/Do geographical names committee, or a Si/Gun/Gu geographical names committee who is not a public official shall be deemed a public official for purposes of applying Articles 127 and 129 through 132 of the Criminal Act. <Newly Inserted on Dec. 10, 2019; Jun. 10, 2022> |
| (4) | Matters necessary for the composition, operation, etc. of the National Geographical Names Committee shall be prescribed by Presidential Decree, and those necessary for the composition, operation, etc. of a City/Do geographical names committee and a Si/Gun/Gu geographical names committee shall be prescribed by ordinance of the relevant local government in accordance with the standards prescribed by Presidential Decree. <Amended on Dec. 10, 2019; Jun. 10, 2022> |
[Title Amended on Jun. 10, 2022]
| Article 91-2 (Determination of Geographical Names) |
| (1) | Matters regarding geographical names of a Si/Gun/Gu shall be determined by the Mayor/Do Governor having jurisdiction over the relevant area after matters reported by the head of the Si/Gun/Gu following deliberation and decision by the competent Si/Gun/Gu geographical names committee are deliberated and decided on by the competent City/Do geographical names committee: Provided, That matters regarding geographical names extending over at least two Sis/Guns/Gus shall be determined by the Mayor/Do Governor having jurisdiction over the relevant area after he or she hears the opinions of the heads of Sis/Guns/Gus and the competent City/Do geographical names committee deliberates and decides on such matters, and matters regarding geographical names extending over at least two Cities/Dos shall be determined by the Minister of Land, Infrastructure and Transport after the Minister hears the opinions of the Mayor/Do Governor and the National Geographical Names Committee deliberates and decides on such matters. |
| (2) | Notwithstanding paragraph (1), the Mayor/Do Governor may request the Minister of Land, Infrastructure and Transport to determine geographical names related to the boundaries of the territory of the Republic of Korea or other matters prescribed by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor determines geographical names (including where geographical names are re-deliberated under Article 91-3), he or she shall comply with the principles of determining geographical names prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport shall notify geographical names determined under paragraphs (1) and (2) to the Mayor/Do Governor, and the Mayor/Do Governor shall notify them to the Minister of Land, Infrastructure and Transport and the head of the competent Si/Gun/Gu, respectively. |
| (5) | The Minister of Land, Infrastructure and Transport shall, without delay, publicly notify geographical names determined under paragraphs (1) and (2) after the period for requesting re-deliberation under Article 91-3 expires: Provided, That this shall not apply where any request or demand for re-deliberation under that Article is filed. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for determination, notification, public notice, etc. of geographical names shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 91-3 (Requests for Re-Deliberation on Determined Geographical Names) |
| (1) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu has an objection to geographical names determined under Article 91-2, the Mayor/Do Governor may file a request for re-deliberation with the Minister of Land, Infrastructure and Transport, and the head of a Si/Gun/Gu with the Mayor/Do Governor, respectively, within 30 days from the date of receipt of notification under Article 91-2 (4). |
| (2) | Where the head of a Si/Gun/Gu has an objection to the results of re-deliberation by the Mayor/Do Governor under paragraph (1), he or she may file a request for re-deliberation with the Minister of Land, Infrastructure and Transport within 30 days from the date of receipt of notification under paragraph (5). |
| (3) | The Mayor/Do Governor and the head of a Si/Gun/Gu shall not re-file a request for re-deliberation on agenda items re-deliberated on by the Minister of Land, Infrastructure and Transport under paragraphs (1) and (2). |
| (4) | Where the Minister of Land, Infrastructure and Transport deems that geographical names determined by the Mayor/Do Governor under Article 91-2 (1) fails to conform to the principles of determining geographical names under paragraph (3) of that Article, he or she may demand the Mayor/Do Governor to conduct re-deliberation within 30 days from the date of receipt of notification under paragraph (4) of that Article. |
| (5) | Article 91-2 (4) shall apply mutatis mutandis to matters regarding notification of the results of re-deliberation under paragraphs (1), (2), and (4). In such cases, the Minister of Land, Infrastructure and Transport shall also notify the results of re-deliberation to the head of a Si/Gun/Gu who files a request for re-deliberation on the results of re-deliberation under paragraph (2). |
| (6) | Where geographical names are determined following re-deliberation under paragraph (1), (2), or (4), the Minister of Land, Infrastructure and Transport shall publicly notify such geographical names without delay. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for procedures and methods for re-deliberation and notification, etc. of the results thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 91-4 (Requests for Submission of Data) |
Where necessary to determine geographical names, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may request the submission of related data, the presentation of opinions, etc. from the head of the relevant central administrative agency or the head of a local government. In such cases, upon receipt of the request, the head of the relevant central administrative agency or the head of a local government shall comply therewith unless there is a compelling reason not to do so.
[This Article Newly Inserted on Jun. 10, 2022]
| Article 92 (Test of Survey Instruments) |
| (1) | A surveying business entity shall undergo a performance testing, conducted by the Minister of Land, Infrastructure and Transport, of transit, level, and other survey instruments determined by Presidential Decree for each period prescribed by Presidential Decree within the limit of five years: Provided, That where any survey instrument undergoes the correction test that is conducted by an agency in exclusive charge of national correction services provided for in Article 14 of the Framework Act on National Standards and it is recognized by the Minister of Land, Infrastructure and Transport as meeting the performance standards under paragraph (6), it shall be deemed to have undergone the performance testing. <Amended on Mar. 23, 2013; Apr. 7, 2020> |
| (2) | The Korea Land Information Corporation shall have proper facilities and equipment for the performance testing and conduct a self-test. <Amended on Jun. 3, 2014> |
| (3) | A person who has been registered as a person who conducts performance testing as proxy (hereinafter referred to as “performance testing agent”) under Article 93 (1) may conduct performance testing on behalf of the Minister of Land, Infrastructure and Transportation under paragraph (1). <Amended on Mar. 23, 2013; Apr. 7, 2020> |
| (4) | The Korea Land Information Corporation and a performance testing agent shall not conduct performance testing not in compliance with the standards, methods, and procedures of performance testing under paragraph (6). <Newly Inserted on Apr. 7, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport may inspect whether the Korea Land Information Corporation and a performance testing agent conduct performance testing in accordance with the standards, methods, and procedures under paragraph (6) and may issue a corrective order where necessary. <Newly Inserted on Apr. 7, 2020> |
| (6) | The standards, methods, and procedures of performance testing under paragraphs (1) and (2), matters necessary for the inspection, corrective order under paragraph (5), and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 7, 2020> |
| Article 93 (Registration of Performance Testing Agent) |
| (1) | Any person who intends to conduct the performance testing of survey instruments by proxy under Article 92 (1) shall register with the Mayor/Do Governor by satisfying the registration standards prescribed by Presidential Decree, such as technological capability, facilities, etc., by type of survey instruments. Where he or she intends to change the registered matters, he or she shall report thereon to the Mayor/Do Governor. |
| (2) | The Mayor/Do Governor shall, where deemed satisfying the registration standards upon receipt of an application for a registration under paragraph (1), deliver a certificate of survey instruments performance testing agent to the relevant applicant and shall notify the Minister of Land, Infrastructure and Transport thereof after making a public announcement thereof. <Amended on Mar. 23, 2013> |
| (3) | Where a certificate issued under paragraph (2) is lost or damaged, a performance testing agent may be re-issued with such certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jun. 10, 2022> |
| (4) | The Mayor/Do Governor shall notify a reporting person of whether his or her report is accepted within 20 days from the date of receipt of the report under paragraph (1). <Newly Inserted on Aug. 10, 2021; Jun. 10, 2022> |
| (5) | Where the Mayor/Do Governor fails to notify a reporting person of whether his or her report is accepted or of an extension of the processing period under statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (4), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period where the processing period is extended or re-extended under statutes or regulations related to the processing of civil petitions). <Newly Inserted on Aug. 10, 2021; Jun. 10, 2022> |
| (6) | Where a performance testing agent has closed his or her business, he or she shall report such fact to the Mayor/Do Governor within 30 days from the closure, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 7, 2020; Aug. 10, 2021; Jun. 10, 2022> |
| (7) | A performance testing agent and the executive officers and employees responsible for said testing shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on Apr. 7, 2020; Aug. 10, 2021; Jun. 10, 2022> |
| (8) | Matters necessary for the registration of a performance testing agent, reporting on changes in the registered matters, issuance of a certificate of survey instruments performance testing agent, test fees, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 10, 2021; Jun. 10, 2022> |
[Title Amended on Apr. 7, 2020]
| Article 94 (Grounds for Disqualification of Registration of Performance Testing Agent) |
None of the following persons shall register as a performance testing agent: <Amended on Jul. 17, 2013; Jun. 9, 2020>
| 1. | A person who is under adult guardianship or under limited guardianship; |
| 2. | A person who was sentenced to imprisonment with labor for a violation of this Act and for whom two years have not elapsed since its execution was completed (including cases where it is deemed to have completed its execution) or exempted from its execution; |
| 3. | A person who was sentenced to the suspension of imprisonment with labor for a violation of this Act and is still in the period of suspension; |
| 4. | A person for whom two years have not elapsed since the revocation of his or her registration under Article 96 (1); |
| 5. | A corporation for which there exists a person who falls under any of subparagraphs 1 through 4 from among its executive officers. |
| Article 95 (Prohibition of Lending Certificate of Performance Testing Agent) |
| (1) | No performance testing agent shall lend his or her certificate of performance testing agent, nor have another person conduct the duty of performance testing agent by using his or her name or trade name. |
| (2) | No one shall use a certificate of performance testing agent after borrowing it from another person, nor conduct the duty of performance testing agent by using name or trade name of another person. |
| Article 96 (Revocation of Registration of Performance Testing Agent) |
| (1) | Where a performance testing agent falls under any of the following cases, the Mayor/Do Governor shall revoke his or her registration, or take a disposition to suspend his or her business operation for a fixed period of not more than one year: Provided, That the Mayor/Do Governor shall revoke such registration in cases of falling under subparagraph 1, 4, 6 or 7: <Amended on Apr. 7, 2020> |
| 1. | Where the agent has made registration by fraud or other improper means; |
| 1-2. | Where he or she fails to comply with a corrective order under Article 92 (5); |
| 2. | Where he or she has failed to meet the registration standards under Article 93 (1): Provided, That where he or she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree shall be excluded therefrom; |
| 3. | Where he or she has failed to make an alteration report of the registered matters under Article 93 (1); |
| 4. | Where he or she has lent his or her certificate of performance testing agent, or has had another person conduct the duty of performance testing agent by using his or her name or trade name in violation of Article 95; |
| 5. | Where he or she has refused or avoided a performance testing without good cause; |
| 6. | Where he or she has conducted a performance testing by fraud or other improper means; |
| 7. | Where he or she continually conducts the duty of performance testing agent during the period of business suspension; |
| 8. | Where other administrative agency asks for revoking his or her registration or suspending his or her business in accordance with the relevant statutes. |
| (2) | Where the Mayor/Do Governor has revoked a registration of the performance testing agent under paragraph (1), he or she shall notify the Minister of Land, Infrastructure and Transport thereof after making a public announcement thereof. <Amended on Mar. 23, 2013> |
| (3) | Standards for the revocation of a registration of the performance testing agent and the disposition taken to suspend the business shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 97 (Promotion of Research and Development) |
| (1) | The Minister of Land, Infrastructure and Transport shall promote policies for the development of surveys and a cadastral system. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport may establish research institutes to perform duties such as research, development of technology, education, etc. of regarding the policies mentioned in paragraph (1), or have related specialized institution determined by Presidential Decree perform the relevant duties. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize necessary expenses incurred by the research institute or related specialized institution under paragraph (2) in performing the duties under paragraph (2) within budgetary limits. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (4) | The Minister of Land, Infrastructure and Transport shall promote cooperative activities among related international organizations and countries in order to facilitate production of information on survey and to improve the cadastral system and the service technology. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 98 (Education and Training for Persons Engaged in Survey Service) |
| (1) | The Minister of Land, Infrastructure and Transport may conduct education and training for survey technicians and those engaged in business related to the survey in order to improve their ability to conduct survey services. <Amended on Mar. 23, 2013; Feb. 18, 2020; Apr. 7, 2020> |
| (2) | A performance testing agent and its employees shall receive education provided by the Minister of Land, Infrastructure and Transport to improve the quality of performance testing of survey instruments and services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Apr. 7, 2020> |
[Title Amended on Feb. 18, 2020; Apr. 7, 2020]
| Article 99 (Report and Inspection) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority may have each of the following persons make necessary reports, or may have public officials under his or her jurisdiction conduct an inspection after explaining the reason therefor: <Amended on Mar. 23, 2013; Feb. 18, 2020; Apr. 7, 2020> |
| 1. | Where a surveying business person or cadastral surveyor has conducted a poor quality survey by intention or gross negligence and caused a civil grievance; |
| 2. | Deleted; <Feb. 18, 2020> |
| 3. | Where a surveying business person is deemed failed to meet the registration standards under Article 44 (2); |
| 4. | Where a performance testing agent has conducted a poor quality performance testing or is deemed not to fully meet the registration standards; |
| 5. | Where necessary for inspecting whether the Korea Land Information Corporation and a performance testing agent conduct testing in compliance with relevant standards, methods, and procedures as prescribed in Article 92 (5). |
| (2) | In cases of conducting the inspection under paragraph (1), the inspection plan, including the scheduled date and hour, reasons, contents, etc. of inspection, shall be notified to the inspected persons by not later than three days before such inspection is conducted: Provided, That the same shall not apply to the cases of an emergency or where deemed impossible to attain the purposes of such inspection when the inspection plan is known in advance. |
| (3) | The public official who conducts the inspection under paragraph (1) shall carry a certificate that indicates his or her authority, and produce it to the persons concerned. |
| (4) | Matters necessary for identification prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city intends to take any of the following measures, he or she shall hold a hearing: <Amended on Mar. 23, 2013; Feb. 18, 2020>
| 1. | Deleted; <Feb. 18, 2020> |
| 2. | Revocation of registration of surveying business under Article 52 (1); |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Revocation of registration of performance testing agent under Article 96 (1). |
| Article 101 (Entry into Land, etc.) |
| (1) | Where deemed necessary for the survey or investigation, etc., a person who intends to conduct a survey, or establishes survey control points, or investigates land alteration under this Act may temporarily gain access to or use another person's land, building, public waters, etc. (hereinafter referred to as "land, etc."), and where deemed specially necessary, such person may alter or remove the tree, soil, stone and other obstacles (hereinafter referred to as "obstacles"). <Amended on Feb. 18, 2020> |
| (2) | A person who intends to gain access to another person's land, etc. under paragraph (1) shall obtain approval from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of the Si/Gun/Gu having jurisdiction over such land, etc. and notify its owner, occupant or manager in advance of the date and place by not later than three days before the scheduled access date: Provided, That an administration agency may get access to other person's land, etc. without obtaining approval. <Amended on Dec. 18, 2012> |
| (3) | A person who intends to temporarily use another person's land, etc., or alter or remove the obstacles under paragraph (1) shall obtain the consent of its owner, occupant or manager: Provided, That where it is impossible to obtain the consent of its owner, occupant or manager, an administrative agency shall notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over such land, etc. and any person who is not an administrative agency shall obtain the prior approval of the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over such land. <Amended on Dec. 18, 2012> |
| (4) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to grant approval under the proviso to paragraph (3), he or she shall seek opinions from the relevant owner, occupant or manager in advance. <Amended on Dec. 18, 2012> |
| (5) | A person who intends to temporarily use land, etc. or alter or remove obstacles under paragraph (3) shall notify its owner, occupant or manager of such fact by not later than three days before the scheduled date to do so: Provided, That where the relevant owner, occupant or manager is not present at the site or his or her address or whereabouts is unknown, such notification shall be made to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over such land, etc. <Amended on Dec. 18, 2012> |
| (6) | No person may be permitted to enter a housing site or another person's land, which is surrounded by a wall or fence, without approval of the occupant of the land, etc. before sunrise and after sunset. |
| (7) | The occupant of the land, etc. shall not obstruct or refuse any act under paragraph (1) without good cause. |
| (8) | A person who intends to do an act described in paragraph (1) shall carry a certificate of permission and present it to any related person. <Amended on Dec. 18, 2012> |
| (9) | Necessary matters concerning the certificate of permission mentioned in paragraph (8) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2012; Mar. 23, 2013; Feb. 18, 2020> |
| Article 102 (Compensation for Loss Due to Access to Land, etc.) |
| (1) | Where anyone has suffered from a loss due to the acts as prescribed in Article 101 (1), the person who has committed such act shall compensate for the loss. |
| (2) | As for the compensation for loss under paragraph (1), the person who will compensate shall consult with the person who has suffered from the loss concerned. |
| (3) | Where the consultation, as prescribed in paragraph (2), has not led to an agreement or where it is impossible to consult with each other, the person who will compensate or the person who has suffered from the loss concerned may apply for an adjudication by the competent Land Expropriation Committee. |
| Article 103 (Expropriation or Use of Land) |
| (1) | Where the Minister of Land, Infrastructure and Transport finds it necessary for conducting a fundamental survey, he or she may expropriate or use land, buildings, trees, or other structures. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 104 (Accepting Works Requests) |
Where deemed necessary for the benefit of public interest, and in so far as the performance of his or her duties is not hampered, the Minister of Land, Infrastructure and Transport may conduct surveys entrusted by the general public, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020>
| Article 105 (Delegation and Entrustment of Authority) |
| (1) | Authority of the Minister of Land, Infrastructure and Transport under this Act may be partially delegated to the heads of institutions under his or her control, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Feb. 18, 2020; Jun. 10, 2022> |
| (2) | The following authority held by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, and the competent cadastral authority under this Act may be entrusted to the Korea Land Information Corporation, the Spatial Data Industry Association established under Article 24 of the Spatial Data Industry Promotion Act, or a non-profit corporation with survey-related human resources and equipment prescribed by Presidential Decree, established with the permission of the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act: <Amended on Mar. 23, 2013; Jul. 17, 2013; Jun. 3, 2014; Feb. 18, 2020; Jul. 20, 2021; Jun. 10, 2022> |
| 1. | Deleted; <Feb. 18, 2020> |
| 1-2. | Establishment and operation of the comprehensive surveying business information management system under Article 10-2; |
| 1-3. | Public notification of the business performance capabilities of surveying business persons and receipt of their performance records, etc. under Article 10-3, and the confirmation of the details thereof; |
| 2. | Examination of publication of maps, etc. under Article 15 (4); |
| 2-2. | Examination of publication of high definition road maps under Article 15-2; |
| 3. | Examination of pubic survey results under Article 18 (3); |
| 4. | Deleted; <Feb. 18, 2020> |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | Deleted; <Feb. 18, 2020> |
| 7. | Deleted; <Feb. 18, 2020> |
| 8. | Deleted; <Feb. 18, 2020> |
| 9. | Receipt of reports of survey technicians, maintenance and management of records, issuance of surveying technique record certificate, request for submission of related data for confirmation of the reported matters and receipt of submitted data and confirmation of place of work, career, etc. of survey technicians under Article 40; |
| 10. | Application for registration of surveying business and receipt of a report on changes under Article 44 (2) and (5); |
| 10-2. | Receipt of applications for the re-issuance of a surveying business registration certificate and a surveying business registration pocketbook under Article 44 (4); |
| 10-3. | Receipt of reports on succession to the status of surveying business persons under Article 46 (1); |
| 10-4. | Receipt of reports on suspension, closure, etc. of surveying business under Article 48; |
| 11. | Education and training of cadastral technicians under Article 98; |
| 12. | Management of survey control points under Article 8 (1) (limited to cadastral control points); |
| 13. | Receipt of the current status of markers of survey control points under Article 8 (5) (limited to cadastral control points). |
| (3) | Executive officers and employees of the Korea Land Information Corporation, the Spatial Data Industry Association established under Article 24 of the Spatial Data Industry Promotion Act, or a non-profit corporation engaged in the affairs entrusted by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority under paragraph (2) shall be deemed public officials for purposes of applying Articles 127 and 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2013; Jul. 17, 2013; Jun. 3, 2014; Feb. 18, 2020; Jun. 10, 2022> |
| (1) | A person who files any of the following applications or requests shall pay fees as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Jul. 17, 2013; Feb. 18, 2020; Jul. 20, 2021; Jun. 10, 2022> |
| 1. | Application for reproduction or issuance of copy of the survey result, etc. under Articles 14 (2) and 19 (2); |
| 2. | Application for utilization of results and records of fundamental survey under Article 15 or the maps, etc. published under Article 15 (1); |
| 3. | Application for examination of publication of the maps, etc. under Articles 15 (4) and 15-2 (1); |
| 4. | Application for permission on expatriating survey results under Article 16 or 21; |
| 5. | Request for examination of public survey results under Article 18; |
| 6. | Application for perusal of result of cadastral control point or issuance of a certified copy thereof under Article 27; |
| 7. | Deleted; <Feb. 18, 2020> |
| 8. | Deleted; <Feb. 18, 2020> |
| 9. | Application for registration of surveying business under Article 44 (2); |
| 10. | Application for re-issuance of a surveying business registration certificate and a surveying business registration pocketbook under Article 44 (4); |
| 11. | Deleted; <Feb. 18, 2020> |
| 12. | Deleted; <Feb. 18, 2020> |
| 13. | Application for perusal and issuance of a certified copy of cadastral record under Article 75; |
| 14. | Application for use or utilization of cadastral computerized data under Article 76; |
| 14-2. | Application for inspection of comprehensive real estate records or application for issuance of a comprehensive real estate certificate under Article 76-4; |
| 15. | Application for new registration under Article 77, application for registration conversion under Article 78, application for partition under Article 79, application for annexation under Article 80, application for land category change under Article 81, application for cancellation of registration of land engulfed by the sea under Article 82, application for scale change under Article 83, application for revision of the registered matters under Article 84 or application for land alternation in the region where urban development projects, etc. are executed under Article 86; |
| 16. | Application for performance testing of survey instruments under Article 92 (1); |
| 17. | Application for registration of performance testing agent under Article 93 (1); |
| 18. | Application for re-issuance of a certificate of performance testing agent under Article 93 (3). |
| (2) | Any person who commissions the cadastral survey in accordance with Article 24 (1) shall pay the cadastral survey fees to the relevant cadastral surveyor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Cadastral survey fees under paragraph (2) shall be publicly notified by the Minister of Land, Infrastructure and Transport by not later than December 31 of each year. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (4) | Where the competent cadastral authority adjusts a cadastral record by investigating or surveying ex officio under the proviso to Article 64 (2), the expenses incurred in conducting such investigation or survey shall be collected from the landowners as prescribed by paragraph (2): Provided, That the same shall not apply where any registration in the cadastral record is cancelled under Article 82. |
| (5) | Notwithstanding paragraph (1), the fees may be waived in any of the following cases: <Amended on Dec. 18, 2012; Jul. 17, 2013; Feb. 18, 2020> |
| 1. | Where the applicant under paragraph (1) 1 or 2 is a public surveyor; |
| 2. | Deleted; <Feb. 18, 2020> |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Where the applicant under paragraph (1) 13 is the State, a local government, or a cadastral surveyor; |
| 5. | Where the applicant under paragraph (1) 14-2 or 15 is the State or a local government. |
| (6) | Where the expenses incurred under paragraphs (1) through (4) have not been paid within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, they shall be collected in the same manner as national or local taxes in arrears are collected. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
CHAPTER V PENALTY PROVISIONS
| Article 107 (Penalty Provisions) |
A surveying business person who has undermined fairness in a bid related to the surveying business by fraud, undue influence or other methods, shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. <Amended on Feb. 18, 2020>
| Article 108 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Feb. 18, 2020>
| 1. | A person who transfers or destroys a survey control points indicator or has damaged its effectiveness in violation of Article 9 (1); |
| 2. | A person who intentionally falsifies the results of a survey; |
| 3. | A person who takes abroad a survey result in violation of Article 16 or 21; |
| 4. | A person who runs the surveying business without registering or after registering his or her surveying business by fraud or other improper means, in violation of Article 44; |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | A performance testing agent who conducts the performance testing under Article 92 (1) by improper means; |
| 7. | A person who conducts the duty of performance testing agent without registering as a performance testing agent or after registering as a performance testing agent by fraud or other improper means, in violation of Article 93 (1). |
| Article 109 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Mar. 23, 2013; Feb. 18, 2020; Jul. 20, 2021; Jun. 10, 2022>
| 1. | A person who reproduces survey results or survey records without any necessary permission obtained, in violation of Article 14 (2) or Article 19 (2); |
| 2. | A person who publishes, sells, or distributes maps, etc. without undergoing the examination under Article 15 (4) and 15-2 (1); |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | A person who conducts surveying although he or she is not a survey technician in violation of Article 39 (1); |
| 5. | A survey technician who divulges confidential information he or she learned while performing his or her duties, in violation of Article 41 (2); |
| 6. | A survey technician who belongs to at least two surveying business persons in violation of Article 41 (3); |
| 7. | A person who lends his or her surveying business registration certificate or surveying business registration pocketbook to another person, or has caused another person to run surveying business by using his or her name or trade name, in violation of Article 49 (1); |
| 8. | A person who borrows and uses other person's surveying business registration certificate or surveying business registration pocketbook, or runs the surveying business by using another person's name and trade name, in violation of Article 49 (2); |
| 9. | A cadastral survey technician who receives any consideration other than cadastral survey fees under Article 106 (2), in violation of Article 50 (3); |
| 10. | A person who makes any of the following applications by fraud: |
| (a) | Application for new registration under Article 77; |
| (b) | Application for registration conversion under Article 78; |
| (e) | Application for land category change under Article 81; |
| (f) | Application for cancellation of registration of land engulfed by sea under Article 82; |
| (g) | Application for scale change under Article 83; |
| (h) | Application for revision of registered matters under Article 84; |
| (i) | Application for land alteration in region where development projects, etc. are executed under Article 86; |
| 11. | A person who lends his or her certificate of performance testing agent, or allows another person to conduct the duty of performance testing agent by using his or her name or trade name, in violation of Article 95 (1); |
| 12. | A person who borrows and uses a certificate of performance testing agent from another person, or conducts the duty of performance testing agent by using another person's name and trade name in violation of Article 95 (2). |
| Article 110 (Joint Penalty Provisions) |
Where the representative of a corporation, an agent, or employee of or any other person employed by the corporation or an individual commits an offense falling under any of Articles 107 through 109 in connection with the business of such corporation or individual, not only shall the violator be punished, but such corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where the corporation or the individual has not neglected to give due attention to or exercise reasonable supervision over the relevant duties to prevent such violation.
| Article 111 (Administrative Fines) |
| (1) | A person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 10, 2021; Jun. 10, 2022> |
| 1. | A person who obstructs a survey without good cause; |
| 2. | A person who uses survey results inconsistent with those publicly notified, in violation of Article 13 (4); |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Deleted; <Feb. 18, 2020> |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | Deleted; <Feb. 18, 2020> |
| 7. | A person who makes a false report by a survey technician, in violation of Article 40 (1); |
| 8. | A person who fails to make a report on changes of the registered matters of surveying business, in violation of Article 44 (5); |
| 9. | A person who fails to report succession to the status of a surveying business person, in violation of Article 46 (1); |
| 10. | A person who fails to report suspension of closure of survey business or who makes a false report, in violation of Article 48; |
| 11. | A person who performs a cadastral survey of any land owned by himself/herself, his or her spouse or any lineal descendant or ascendant, in violation of Article 50 (2); |
| 12. | Deleted; <Feb. 18, 2020> |
| 13. | A person who fails to undergo a performance testing of survey instrument or has undergone a performance testing by improper means, in violation of Article 92 (1); |
| 14. | A person who fails to make a report on changes of registered matters of a performance testing agent in violation of Article 93 (1); |
| 15. | A person who fails to report the closure of performance testing agent business in violation of Article 93 (6); |
| 16. | A person who fails to report under Article 99 (1) without good cause, or who has made the said report in a false manner; |
| 17. | A person who refuses, obstructs or avoids a survey under Article 99 (1) without good cause; |
| 18. | A person who obstructs or refuses access, etc. to land, etc. without good cause, in violation of Article 101 (7). |
| (2) | Any person who fails to receive the education under Article 98 (2) shall be subject to an administrative fine not exceeding one million won. <Newly Inserted on Apr. 7, 2020> |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Feb. 18, 2020; Apr. 7, 2020> |
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of Other Acts)
The following Acts shall be repealed:
Article 3 (Applicability to Reports Such as Business Suspension of Surveying Business person, etc.)
Subparagraph 3 of Article 48 (including cases applied mutatis mutandis under Article 54 (6)) shall apply beginning from the first business suspension or recommencement of business after this Act enters into force. Article 4 (General Transitional Measures concerning Disposition, etc.)
Article 5 (Transitional Measures concerning Survey Standards)
| (1) | Notwithstanding Article 6 (1), where the Minister of Land, Transport and Maritime Affairs designates and publicly notifies, as he/she recognizes that it is inevitable to use the survey standards under previous Land Survey Act (referring to the Act prior to the amendment with Act No. 6532 on December 19, 2001) for the convenience of persons utilizing the maps or photographs for survey, etc., the previous survey standards in accordance with the following subparagraphs may be used by not later than December 31, 2009: |
| 1. | The figure and size of the earth shall be based on the Bessel value; |
| 2. | The location shall be indicated by the geographical longitude and latitude, and elevation from the mean sea level; Provided, That if deemed necessary, it may be indicated by the rectangular coordinate or polar coordinate; |
| 3. | The distance and area shall be indicated by the value on the horizontal section; |
| 4. | The datum of the survey shall be the starting datum of the latitude and longitude of the Republic of Korea and the standard datum for levelling of the Republic of Korea. |
| (2) | Notwithstanding Article 6 (1), the previous cadastral survey standards in accordance with the following subparagraphs may be used by not later than December 31, 2020 with respect to region where the projects under Article 86 (1) are not executed: |
| 1. | The figure and size of the earth shall be based on the Bessel value; |
| 2. | The horizon location shall be indicated by the geographical latitude and longitude: Provided, That the boundary of the parcel and neat line shall be indicated by the rectangular coordinate as at the time of producing the cadastral map; |
| 3. | The distance and area shall be indicated by the value on the horizontal section; |
| 4. | The datum of the survey shall be the starting datum of the latitude and longitude of the Republic of Korea. |
Article 6 (Transitional Measures concerning Previous Surveys and Waterway Surveys)
The fundamental survey, public survey, and general survey conducted under the previous Land Survey Act before this Act enters into force and their results, and the cadastral survey conducted under the previous Cadastral Act and its result shall be deemed the fundamental survey, public survey, general survey and cadastral survey and their results under this Act, and the waterway survey conducted under the previous Waterway Service Act and its result shall be deemed the waterway survey and the results thereof under this Act. Article 7 (Transitional Measures concerning Cadastral Committee)
The Central Cadastral Committee and regional cadastral committee established under the previous Cadastral Act shall be deemed the Central Cadastral Committee and regional cadastral committee established under Article 28, respectively. Article 8 (Transitional Measures concerning Sales Agent)
A person who is designated as an agent to sell waterway publications under the previous Waterway Service Act before this Act enters into force shall be deemed the sales agent designated under Article 35 (2). Article 9 (Transitional Measures concerning Report of Survey Technician)
The report of survey technician made under the previous Land Survey Act before this Act enters into force shall be deemed a report under Article 40 (1). Article 10 (Transitional Measures concerning Registration, etc. of Survey Business and Waterway Business)
| (1) | The registration of surveying business made under the previous Land Survey Act before this Act enters into force and the registration of cadastral surveying business made under the previous Cadastral Act before this Act enters into force shall be deemed the registration of the relevant surveying business under Article 44, and the registration of waterway business made under the previous Waterway Service Act shall be deemed registration of waterway business under Article 54. |
| (2) | The alteration registration of the surveying business made under the previous Land Survey Act before this Act enters into force and the report on a change in the registered matters of the cadastral surveying business made under the previous Cadastral Act shall be deemed the alteration report of the registered matters of the surveying business under Article 44 (4), and the alteration registration of the waterway business made under the previous Waterway Service Act shall be deemed a report on a change of registered matters of waterway business under Article 54 (4). |
| (3) | The person who publishes and sells cadastral editing maps and who is registered under the previous Cadastral Act before this Act enters into force shall be deemed that who registered the relevant type of business under Article 44 (1) 3. |
Article 11 (Transitional Measures concerning Korean Association of Surveying and Mapping and Korea Oceanographic and Hydrographic Association)
The Korean Association of Surveying and Mapping established under the previous Land Survey Act and the Korea Oceanographic and Hydrographic Association established under the previous Waterway Service Act shall be deemed the survey association and the maritime survey association respectively established under Articles 56 and 57. Article 12 (Transitional Measures concerning Korea Cadastral Corporation)
The Korea Cadastral Corporation established under the previous Cadastral Act shall be deemed the Korea Cadastral Corporation established under Article 58. Article 13 (Transitional Measures concerning Geographical Names Committee)
The City/Do Geographical Names Committee and the Si/Gun/Gu Geographical Names Committee established under the previous Land Survey Act before this Act enters into force shall be deemed to have been established under Article 91 (1). Article 14 (Transitional Measures concerning Performance Testing of Survey Instruments)
A person who has undergone a performance testing of survey instruments under the previous Land Survey Act before this Act enters into force shall be deemed to have undergone a performance testing of survey instruments under Article 92. Article 15 (Transitional Measures concerning Performance Testing Agent)
The performance testing agent who has been registered under the previous Land Survey Act before this Act enters into force shall be deemed the performance testing agent registered under Article 93 (1). Article 16 (Transitional Measures concerning Standards for Administrative Disposition)
The administrative disposition on the act of violation committed before this Act enters into force shall be governed by the previous Land Survey Act, the Cadastral Act or the Waterway Service Act in the event that the standards therefor are more toughened than the previous ones and shall be governed by this Act in the event that the standards therefor are more relaxed than the previous ones. Article 17 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Article 18 Omitted.
Article 19 (Relationships with other Acts)
Where the former Land Survey Act, the Cadastral Act and the Waterway Service Act or their provisions are cited in other Acts and subordinate statutes as at the time this Act enters into force, if any corresponding provisions exist in this Act, this Act or the corresponding provisions in this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 10485, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11062, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11592, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions on a Special Self-Governing City and the Mayor thereof shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 11943, Jul. 17, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 76-3 and the amended provisions subparagraph 5 of the same Article shall enter into force on July 1, 2014 and July 1, 2015, respectively. Article 2 (Applicability to Expenses for Transferring Markers of Survey Control Points)
The amended provisions of Article 9 (4) shall apply to the transfer of markers of survey control points conducted on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
The adults placed under the protection of a legal guardian or quasi-incompetent persons under the protection of a legal guardian under the amended provisions of Article 15 (5) 1, Article 35 (3) 1, subparagraph 1 of Article 47, and subparagraph 1 of Article 94 shall be deemed to include persons against whom the declaration of incompetency or quasi-incompetency remains in effect under Article 2 of the Addendum of the Civil Act as partially amended by Act No. 10429. Article 4 (Transitional Measures concerning Administrative Measures)
The administrative measures for an offense committed before this Act enters into force shall be subject to the former provisions.
Article 5 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 16 and 21 shall enter into force six months after date of its the promulgation. Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Where any other statutes cite the former Act on Land Survey, Waterway Survey and Cadastral Records or any provision thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provision thereof, if any provision corresponding thereto exists in this Act.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDUM <Act No. 13673, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of any Act, which is amended pursuant to Article 5 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 14936, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Report of Survey Technician)
The amended provisions of Article 40 (6) shall apply beginning from the first arrival of the report of a survey technician at the institute in charge of receiving such report after this Act enters into force. Article 3 (Applicability to Application for Cadastral Computerized Data)
The amended provisions of Article 76 shall apply beginning from the first application for cadastral computerized data after this Act enters into force.
ADDENDA <Act No. 15596, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Registration of Survey Business)
The amended provisions of the proviso to Article 52 (1) 7 shall also apply where a surveying business person falls under Article 47 (5) before this Act enters into force.
ADDENDA <Act No. 15719, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on December 13, 2018.
Article 2 Omitted.
ADDENDUM <Act No. 16807, Dec. 10, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 91 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16812, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16912, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
| (1) | The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act. |
Article 3 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 17063, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 17224, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Dispositions)
The previous provisions shall apply to administrative dispositions imposed for violations committed before this Act enters into force.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 23 Omitted.
ADDENDA <Act No. 18310, Jul. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 18384, Aug. 10, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Reporting on Changes in Registered Matters of Surveying Business)
The amended provisions of Article 44 (5) and (6) shall begin to apply to reports on changes in registered matters of surveying business filed on or after the date this Act enters into force. Article 3 (Applicability to Reporting on Succession to Status of Surveying Business Persons)
The amended provisions of Article 46 shall begin to apply to reports on succession to the status of surveying business persons filed on or after the date this Act enters into force. Article 4 (Applicability to Reporting on Changes in Registered Matters of Performance Testing Agents)
The amended provisions of Article 93 shall begin to apply to reports on changes in registered matters of performance testing agents filed on or after the date this Act enters into force. Article 5 Omitted.
ADDENDA <Act No. 18936, Jun. 10, 2022>
Article 1 (Enforcement Date)
Article 2 (Transitional Measures concerning Determination of Geographical Names)
The previous provisions shall apply to agenda items pending in the National Geographical Names Committee or geographical names committees established in local governments as at the time this Act enters into force.
Article 3 Omitted.