ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA
Presidential Decree No. 26302, jun. 1, 2015
Amended by Presidential Decree No. 26762, Dec. 28, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27781, Jan. 10, 2017
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 27970, Mar. 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28471, Dec. 12, 2017
Presidential Decree No. 28832, Apr. 24, 2018
Presidential Decree No. 29360, Dec. 11, 2018
Presidential Decree No. 29617, Mar. 12, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30775, jun. 9, 2020
Presidential Decree No. 30799, jun. 23, 2020
Presidential Decree No. 30877, Jul. 28, 2020
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 31212, Dec. 1, 2020
Presidential Decree No. 31327, Dec. 29, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31438, Feb. 9, 2021
Presidential Decree No. 31607, Apr. 6, 2021
Presidential Decree No. 32223, Dec. 16, 2021
Presidential Decree No. 32346, Jan. 18, 2022
Presidential Decree No. 32660, May 31, 2022
Presidential Decree No. 32697, jun. 14, 2022
Presidential Decree No. 32868, Aug. 9, 2022
Presidential Decree No. 33047, Dec. 9, 2022
CHAPTER I GENERAL PROVISIONS
| Article 2 (Public Surveyor) |
| 3. | Local government-directly operated enterprises, local government-invested public corporations, and local public agencies under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise"); |
| Article 3 (Public Survey) |
"Surveys prescribed by Presidential Decree” in subparagraph 3 (b) of Article 2 of the Act means surveys designated and publicly notified by the Minister of Land, Infrastructure and Transport among the following surveys: <Amended on Mar. 23. 2013> | 1. | Control surveys, topography surveys, and plane surveys, the area of survey execution region of which is at least one square kilometer; |
| 2. | Control surveys for which the length of survey route is at least 10 kilometers; |
| 3. | Producing a map of the same scale as that of a map published by the Minister of Land, Infrastructure and Transport; |
| 4. | Taking photography for the purpose of survey for which the area of photographing region is at least one square kilometer; |
| 5. | Surveys of underground facilities; |
| 6. | Two-dimensional or three-dimensional coordinate surveys in order to apply coordinates to image information obtained from artificial satellites, etc.; |
| 7. | Other surveys accompanied by building a private railroad, reclamation, landfill project, etc. which is deemed to have a special relationship with public interests. |
| Article 4 (Type of Numerical Subject Maps) |
The type of numerical subject maps defined in subparagraph 10 of Article 2 of the Act shall be listed in attached Table 1.
| Article 5 (Criteria Requisite for Being Defined as One Parcel) |
| (1) | The land within the parcel numbering region under subparagraph 21 of Article 2 of the Act, whose owner and usage are identical and whose ground is continuous, may be defined as one parcel. |
| (2) | Notwithstanding paragraph (1), any of the following lands may be defined as one parcel, by incorporating it into the land of main usage: Provided, That the same shall not apply where the category of the land of auxiliary usage is a building site, or the area of the land of auxiliary usage exceeds either 10 percent of that of main usage or 330 square meters: |
| 1. | A lot for a road, ditch or others which are established for the convenience of the land of main usage; |
| 2. | Land connected to or surrounded by the land of the main usage, which is being used for another usage. |
CHAPTER II LAND SURVEYING
Section 1 General Provisions
| Article 6 (Special Case of Datum) |
"Regions determined by Presidential Decree, such as islands” in the proviso of Article 6 (1) 2 of the Act means the following areas: <Amended on Mar. 23, 2013> | 2. | Ulleung Island Ulleung-do; |
| 4. | Other regions notified publicly by the Minister of Land, Infrastructure and Transport because they are at a long distance from the starting datum of the latitude and longitude and the standard datum for leveling of the Republic of Korea and thus, survey thereof is recognized difficult by applying the starting datum of the latitude and longitude and the standard datum for leveling of the Republic of Korea. |
| Article 7 (World Geodetic Reference System) |
| (1) | The world geodetic reference system referred to in Article 6 (1) of the Act is the standard for localization that is conducted by considering the earth as a flat spheroid and that satisfies the following requirements: <Amended on Jun. 9, 2020> |
| 1. | The semi-major radius and the flattening of the spheroid shall be each of the following: |
| (a) | Semi-major radius: 6,378,137 meters; |
| (b) | Flattening: 1/298.257222101; |
| 2. | The center of the spheroid shall be identical with the earth's center of mass; |
| 3. | The minor axis of the spheroid shall be identical with the earth's axis of rotation. |
| (2) | The point and the number of the starting datum of the latitude and longitude and the standard datum for leveling of the Republic of Korea prescribed in Article 6 (1) of the Act shall be as follows: <Amended on Jun. 1, 2015; Jan. 10, 2017; Dec. 9, 2022> |
| 1. | Starting datum of the latitude and longitude of the Republic of Korea: |
| (a) | Point: Worldcup-ro 92, Youngtong-gu, Suwon-si, Gyeonggi-do (cross hair point of metal marker of the starting datum of the latitude and longitude of the Republic of Korea located in the National Geographic Information Institute); |
| (i) | Longitude: 127°03′14″.8913 E; |
| (ii) | Latitude: 37°16′33″.3659 N; |
| (iii) | Datum azimuth angle: 165°03′44″.538 (center of reference point of antenna of the satellite station located in Space Geodetic Observation Center that is measured in the direction right as of true north from the starting datum); |
| 2. | Standard datum for leveling of the Republic of Korea: |
| (a) | Point: Yinha-ro 100, Michuhol-gu, Incheon Metropolitan City (midpoint at zero scale marker of quartz plate for?boulders origin located in Inha Technical College); |
| (b) | Number: 26.6871 of height from the average sea level of the Incheon Bay. |
| (3) | The standards for rectangular coordinate prescribed in Article 6 (1) of the Act shall be listed in attached Table 2. |
| Article 8 (Classification of Survey Control Points) |
| (1) | Survey control points prescribed in Article 7 (1) of the Act shall be classified as follows: <Amended on Jun. 1, 2015> |
| 1. | National control point: |
| (a) | Space Geodetic control point: Control point determined by linking with VLBIs (Very Long Baseline Interferometry) all over the world in order to establish a national geodetic reference frame; |
| (b) | Satellite station: Control point determined based on the starting datum of the latitude and longitude of the Republic of Korea to be used as the standard for survey of geographical latitude and longitude, rectangular coordinate, and geocentric orthogonal coordinate; |
| (c) | Bench mark: Control point that is determined based on the standard datum for leveling of the Republic of Korea to be used as the standard for survey of height; |
| (d) | Gravity point: Control point that is determined to be used as the standard for survey of gravity; |
| (e) | Integrated control point: Control point that is determined based on the satellite station, bench mark and gravity point to be used as a standard for survey of geographical latitude and longitude, rectangular coordinate, geocentric orthogonal coordinate, and height and gravity; |
| (f) | Triangulation point: Control point that is determined based on the satellite point and integrated control point to be used as a standard for survey of geographical latitude and longitude, rectangular coordinate, and geocentric orthogonal coordinate; |
| (g) | Geomagnetic point: Control point that is determined to be used as a standard for survey of terrestrial magnetism; |
| (h) | Deleted; <Feb. 9, 2021> |
| (i) | Deleted; <Feb. 9, 2021> |
| (a) | Public triangulation point: Control point that is determined based on the national control point to be used as a standard for horizontal location as at the time of conducting a public survey; |
| (b) | Public bench mark: Control point that is determined based on the national control point to be used as a standard for height as at the time of conducting a public survey; |
| 3. | Cadastral control point: |
| (a) | Cadastral triangulation point: Control point that is determined based on the national control point to be used as a standard for survey of horizontal location as at the time of conducting a cadastral survey; |
| (b) | Cadastral triangulation supplementary station: Control point that is determined based on the national control point and cadastral triangulation point to be used as a standard for survey of horizontal location as at the time of conducting a cadastral survey; |
| (c) | Supplementary control point: Control point that is determined based on the national control point, cadastral triangulation point, cadastral triangulation supplementary station, and other cadastral supplementary points to be used as a standard for survey of horizontal location of parcel as at the time of conducting a cadastral survey. |
| (2) | The level of each control point under paragraph (1) may be classified as required. |
| Article 9 (Notice on Setting of Marker of Survey Control Point) |
| (1) | Where any person that sets the markers of survey control points prescribed in Article 8 (2) of the Act intends to notify setting such marker, he or she shall notify it together with the relevant survey result (where the results of plane rectangular coordinate and the altitude, including such coordinate and altitude). |
| (2) | Matters necessary for the notification of setting of the markers of survey control points under paragraph (1) shall be prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 10 (Public Notice of Setting of Marker of Survey Control Point) |
The public notice of setting (including transfer, restoration, removal or destruction; hereafter in this Article the same shall apply) of the markers of cadastral control points prescribed in Article 8 (4) of the Act shall be given in the public gazette or on the website by posting the following: <Amended on Feb. 9, 2021> | 1. | Name and number of control points; |
| 2. | Name of datum of rectangular coordinate (limited to cadastral control points); |
| 3. | Coordinate and altitude; |
| 4. | Latitude and longitude; |
| 5. | Date of setting, location and material of markers; |
| 6. | Place of retaining survey results. |
[Title Amended on Jan. 17, 2014]
| Article 10-2 (Establishment and Operation of Comprehensive Management System for Information on Surveying Business) |
| (1) | The information on surveying business, which is to be managed through the Comprehensive Management System for Information on Surveying Business under Article 10-2 (2) of the Act (hereinafter referred to as the "Comprehensive Management System for Information on Surveying Business”), shall be as follows: |
| 1. | Capital, current status of management, performance records of survey service performance, and status of available survey technicians and equipment of surveying business operators; |
| 2. | Matters concerning the assessment and public notification of business performance capabilities for survey service business prescribed in Article 10-3 of the Act; |
| 4. | Matters concerning the suspension, etc. of business of survey technician prescribed in Article 42 of the Act; |
| 5. | Matters concerning the registration (including the report of alteration) of surveying business by category prescribed in Article 44 of the Act; |
| 6. | Matters concerning the succession to the status of a surveying business operator prescribed in Article 46 of the Act; |
| 7. | Matters concerning the report of suspension, closure, etc. of surveying business prescribed in Article 48 of the Act; |
| 8. | Matters concerning the revocation, etc. of registration of surveying business concerning prescribed in Article 52 of the Act; |
| 9. | Other necessary matters concerning the management of information on surveying business. |
| (2) | The Minister of Land, Infrastructure and Transport may conduct any of the following affairs to establish and operate the Comprehensive Management System for Information on Surveying Business: |
| 1. | Various kinds of research and development and technical support for the Comprehensive Management System for Information on Surveying Business; |
| 2. | Standardization of the Comprehensive Management System for Information on Surveying Business; |
| 3. | Promotion of the common utilization of information by means of the Comprehensive Management System for Information on Surveying Business; |
| 4. | Other necessary matters concerning the establishment and operation of the Comprehensive Management System for Information on Surveying Business. |
| (3) | The Minister of Land, Infrastructure and Transport may establish and operate a consultative body with the Spatial Data Industry Association under Article 24 of the Spatial Data Industry Promotion Act (hereinafter referred to as the “Spatial Data Industry Association”), etc. in order to efficiently establish and operate the Comprehensive Management System for Information on Surveying Business. |
| (4) | Except for matters provided in paragraphs (1) through (3), other necessary matters concerning the establishment and operation of the Comprehensive Management System for Information on Surveying Business such as input standards and the methods for preserving information on surveying business shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 1, 2015]
| Article 10-3 (Procedures for Requesting Submission of Materials for Purpose of Comprehensive Management of Information on Surveying Business) |
Where the Minister of Land, Infrastructure and Transport intends to request the submission of materials pursuant to Article 10-2 (3) of the Act, he or she shall give a written notice on the following matters at least 15 days before the deadline of their submission: | 1. | Ground for request for submission; |
| 2. | Deadline of submission; |
| 3. | Detailed matters concerning the materials to be submitted; |
| 4. | Methods and forms of submission of the materials; |
| 5. | Methods of utilizing the submitted materials. |
[This Article Newly Inserted on Jun. 1, 2015]
| Article 10-4 (Report for Purpose of Assessment of Business Performance Capabilities for Surveying Service Business) |
| (1) | Any surveying business operator who intends to receive an assessment of business performance capabilities for surveying service business under Article 10-3 (1) of the Act (hereinafter referred to as “assessment of business performance capabilities”) shall submit materials concerning those matters prescribed in paragraph 2 of the same Article to the Minister of Land, Infrastructure and Transport until February 15 every year (April 15 every year in case of a corporation and June 15 every year in case of an individual, with respect to materials concerning financial status). |
| (2) | Notwithstanding paragraph (1), materials may be submitted by July 31 every year in the following cases: <Amended on May 31, 2022> |
[This Article Newly Inserted on Jun. 1, 2015]
| Article 10-5 (Standards for Assessment of Business Performance Capabilities) |
The standards for assessment of business performance capabilities under Article 10-3 (3) of the Act shall be as listed at attached Table 2-2 of this Decree. [This Article Newly Inserted on Jun. 1, 2015]
| Article 10-6 (Public Notification of Business Performance Capabilities) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to conduct an assessment of business performance capabilities pursuant to Article 10-3 of the Act, he or she shall make a public notification of the following matters: <Amended on Aug. 4, 2020> |
| 1. | Trade name and individual’s full name (full name of the representative in case of a legal person); |
| 2. | Location and contact point of the main business place; |
| 3. | Performance record of surveying services; |
| 4. | The current status of holding of technical manpower and equipment; |
| 5. | The current status of the registration of surveying business; |
| 6. | The current financial status including the capital stock and the ratio of net profit to net sales; |
| 8. | Points by item and total score of an assessment of business performance capabilities. |
| (2) | A public notification under paragraph (1) shall be made by August 31 every year in conformity with the methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 1, 2015]
| Article 11 (Regular Investigation and Notification of Changes in Topography and Features) |
| (1) | The Special Metropolitan City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall investigate the following matters every month with regard to the topography and features within his or her jurisdictional area under Article 11 (1) of the Act: <Newly Inserted on Jun. 9, 2020> |
| 1. | New construction, extension, alteration, reconstruction, relocation, substantial repair, remodeling, dismantling, or destruction of a building by purpose of use under Article 2 (2) of the Building Act; |
| 3. | Creation, abolition, or change of name of the following agencies: |
| (b) | Local governments, affiliated administrative agencies, subordinate administrative agencies, and agencies relating to education, science, and sports under the Local Autonomy Act; |
| (d) | Local public enterprises; |
| (2) | Notification of changes in topography and features under Article 11 (2) of the Act shall be made by the end of every month, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 17, 2014; Jun. 9, 2020; Feb. 9, 2021> |
| (3) | If deemed necessary for confirmation the content of the notification under paragraph (2), the Minister of Land, Infrastructure and Transport may have public officials under his or her control investigate the site or request the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to make further notification after re-investigation. <Amended on Mar. 23, 2013; Jun. 11, 2013; Jun. 9, 2020; Feb. 9, 2021> |
| (4) | The type and size of a construction work to be notified by the public surveyor under Article 11 (3) of the Act shall be listed in attached Table 3. <Amended on Jun. 9, 2020> |
[Title Amended on Jun. 9, 2020]
Section 2 Fundamental Survey
| Article 12 (Public Announcement of Execution of Survey) |
| (1) | The public announcement of execution of fundamental surveys under Article 12 (2) of the Act and public surveys under Article 17 (6) of the Act shall be made by being posted once or more on a daily newspaper distributed nationwide or on the bulletin board and the website of the relevant Special Metropolitan City, the Metropolitan Cities, the Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as “City/ Do”) for at least seven days. <Amended on Jun. 11, 2013> |
| (2) | The public announcement under paragraph (1) shall include the following matters: |
| 3. | Execution period of survey; |
| 4. | Area where the survey is conducted; |
| 5. | Other necessary matters concerning the conduct of survey. |
| Article 13 (Public Notice of Survey Results) |
| (1) | The public notice of the fundamental survey results prescribed in Article 13 (1) of the Act and the public notice of the public survey results prescribed in Article 18 (4) of the Act shall be made within 30 days from the date of obtaining final results: Provided, That where it is deemed necessary that the national control points included in the public notice of the fundamental survey results should be calculated by connecting the other results of national control point, the public notice of the fundamental survey results may be made within 30 days from the date of completing such calculation. <Amended on Jan. 17, 2014> |
| (2) | The public notice of survey results prescribed in paragraph (1) shall include the following matters: |
| 3. | Number of survey control points set; |
| 4. | Scale of survey (area or number of pages of map); |
| 5. | Time and place of survey conducted; |
| 6. | Place for retaining survey results; |
| 7. | Other necessary matters. |
| Article 14 (Designation of Institutions for Verifying Fundamental Survey Results) |
| (1) | "Specialized institution related to a survey prescribed by Presidential Decree” in Article 13 (2) of the Act means an institution which meets the requirements under attached Table 4 among the following institutions and which is designated by the Minister of Land, Infrastructure and Transport by comprehensively reviewing the current status of survey-related human resources, equipment and devices in its possession (hereinafter referred to as “institution for verifying fundamental survey results”): <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| 2. | A non-profit corporation related to the survey established by obtaining the approval of the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act; |
| (2) | Any person who intends to be designated as an institution for verifying the fundamental survey results under paragraph (1) shall prepare the documents determined by Ordinance of the Ministry of Land, Infrastructure and Transport and apply therefor to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | In case of having designated an institution for verifying the fundamental survey results pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall make a public announcement of the applicant in writing and make public notification thereof without delay. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the procedures for designation of an institution for verifying the fundamental survey results, the verification of the accuracy, etc. shall be provided by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 15 (Prohibition of Indication on Maps) |
| 2. | Non-public information kept confidential or the perusal of which is restricted under other statutes or regulations. |
| Article 16 (Removing Abroad of Fundamental Survey Results and Public Survey Results Abroad) |
| (1) | “Case prescribed by Presidential Decree including mutual exchange of the fundamental survey results with foreign governments” in the proviso of Article 16 (1) of the Act means the following cases: <Amended on Mar. 23, 2013; Jan. 17, 2014; Jan. 18, 2022> |
| 1. | Where the fundamental survey results are mutually exchanged in accordance with any agreement concluded between the Government of the Republic of Korea and a foreign government or on the basis of other arrangement between them; |
| 2. | Where a person who represents the Government to either negotiate with a foreign government or attend an international conference or international organization removes the Republic of Korea any map or other necessary published materials (hereinafter referred to as “map, etc.”) or a photograph for surveying in order to use it as reference material; |
| 3. | Where a map, etc., or a photograph for surveying is manufactured and removed out of the Republic of Korea for the purpose of attracting tourists and advertising tourist facilities; |
| 4. | Where a small-scale map whose scale is smaller than 1/50,000 (excluding a topographical map; hereafter the same shall apply in this Article) or other necessary published materials are removed out of the Republic of Korea; |
| (2) | "Cases prescribed by Presidential Decree including where the public survey results are mutually exchanged with foreign governments” in the proviso of Article 21 (1) of the Act means the following cases: <Newly Inserted on Jan. 17, 2014; Jan. 18, 2022> |
| 1. | Where the fundamental survey results are mutually exchanged in accordance with any agreement concluded between the Government of the Republic of Korea and a foreign government or on the basis of other arrangement between them; |
| 2. | Where a person who represents the Government to either negotiate with a foreign government or attend an international conference or international organization removes a map, etc. or a photograph for cadastral survey out of the Republic of Korea in order to use it as a reference material; |
| 3. | Where a map, etc., or a photograph for surveying is manufactured and removed out of the Republic of Korea for the purpose of attracting tourists and advertising tourist facilities; |
| 4. | Where a small-scale map whose scale is smaller than 1/50,000 or other necessary published materials are removed out of the Republic of Korea; |
[Title Amended on Jan. 17, 2014]
| Article 16-2 (Composition and Operation of Consultative Body of Removal out of the Country) |
| (1) | The consultative body under the proviso of Article 16 (2) of the Act (hereinafter referred to as “consultative body”) shall be composed of public officials of at least Grade IV (including public officials in special service equivalent thereto) nominated by the heads of the following agencies and at least one civilian expert (hereafter in this Article referred to as “civilian member”): <Amended on Jan. 10, 2017; Jul. 26, 2017; Apr. 24, 2018> |
| 1. | The Ministry of Science and ICT; |
| 2. | The Ministry of Foreign Affairs; |
| 3. | The Ministry of Unification; |
| 4. | The Ministry of National Defense; |
| 5. | The Ministry of the Interior and Safety; |
| 6. | The Ministry of Trade, Industry and Energy; |
| 7. | National Intelligence Service. |
| (2) | A civilian member shall meet either of the following requirements and shall have extensive knowledge of and experience in security review for spatial data or spatial data industry: <Newly Inserted on Apr. 24, 2018> |
| 1. | A person serving as a professor or associate professor at a spatial data-related department of at least a junior college under the Higher Education Act; |
| (3) | The Minister of Land, Infrastructure and Transport shall convene a meeting of the consultative body, where he or she deems it necessary to make a decision on whether or not to permit the removal overseas of the fundamental survey results or public survey results pursuant to the proviso of Article 16 (2) of the Act and the proviso of Article 21 (2) of the Act. <Amended on Apr. 24, 2018> |
| (4) | In case of convening a meeting of the consultative body pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall notify the heads of the agencies falling under the subparagraphs of paragraph (1) and civilian member(s) of the date, place and agenda of the meeting at least seven days beforehand. <Amended on Apr. 24, 2018> |
| (5) | The Minister of Land, Infrastructure and Transport shall notify the heads of the agencies falling under the subparagraphs of paragraph (1) and civilian member(s) of the matters determined at the meeting of the consultative body. <Amended on Apr. 24, 2018> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition and operation of the consultative body shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Apr. 24, 2018> |
[This Article Newly Inserted on Dec. 3, 2014]
Section 3 Public Surveying and General Surveying
| Article 17 (Publication of Maps) |
| (1) | A map, etc. that the public surveyor may publish, sell or distribute by using the public survey results pursuant to Article 20 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Jan. 18, 2022> |
| 1. | A map, etc. published by the public surveyor by using the relief map jointly produced with the Ministry of Land, and Infrastructure and Transport; |
| 2. | A map, etc. published to be used for specific purposes, such as underground facility map and network of roads by using the survey results which are publicly notified after having undergone the examination under Article 18 of the Act. |
| (2) | "Maps, etc. prescribed by Presidential Decree" in the latter part of Article 20 (1) of the Act means the maps, etc. published pursuant to the former part of that paragraph, excluding the following maps, etc.: <Newly Inserted on Jan. 18, 2022> |
| 1. | Maps, etc. published by reflecting real-life colors, such as aerial photographs and satellite images; |
| 2. | Maps, etc. published in a manner that does not impede persons with color vision deficiency by utilizing lines, symbols, letters, patterns, etc.; |
| 3. | Maps, etc. published, including functions allowing users to set colors of maps, etc. not to impede persons with color vision deficiency. |
| (3) | A public surveyor intending to sell maps, etc. under paragraphs (1) and (2) shall determine the scale, sales price, etc. of the maps, etc., and notify the Minister of Land, Infrastructure and Transport thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 18, 2022> |
Section 4 Cadastral Survey
| Article 18 (Survey of Current Cadastral Status) |
“Other cases determined by Presidential Decree” in Article 23 (1) 5 of the Act means cases where it is necessary to indicate the current status of the surface buildings, etc. by comparing them with the boundaries registered in the cadastral map and the forestry map.
| Article 19 (Allowable Scope of Area Error following Registration Conversion or Partitioning, and Distribution) |
| (1) | Where an error occurs in determining any area for registration conversion or partitioning under Article 26 (2) of the Act, the allowable scope of such error and ways of dealing with such error shall be as follows: |
| 1. | In the case of registration conversion: |
| (a) | The allowable scope of error for any area on the parcels-register for forest area and any area the registration of which is to be converted shall be determined in accordance with the following formula. In such cases, in calculating the allowable scope of error, the scale denominator of any area, a map of which is drawn on a scale of 1/3,000, shall be made 6,000: |
(“A” means the allowable area of error, “M” means the scale denominator on the forestry map and “F” means the area, the registration of which is to be converted);
| (b) | Where the difference between the area on the forest cadastral book and the area, the registration of which is to be converted, is within the allowable scope derived by the formula referred to in item (a), the area whose registration is to be converted shall be determined as an area whose registration is converted and in the event that such difference is in excess of the allowable scope, the competent cadastral authority shall correct ex officio the area on the parcels-register for forest area or the boundary on the forestry map; |
| 2. | In the case of land partitioning: |
| (a) | The allowable scope of error between the total area of each parcel after partitioning and the total area of each parcel before partitioning shall be determined according to the formula referred to in subparagraph 1 (a). In such cases, “A” shall be the allowable area of error, “M” shall be the scale denominator and “F” shall be the original area, but the scale denominator of any area, a map of which is drawn on a scale of 1/3,000 shall be 6,000; |
| (b) | Where the difference between any area before partitioning and any area after partitioning is within the allowable scope according to the formula referred to in (a), any error arising from such partitioning shall be proportionally divided into the area of each parcel after partitioning and in the event that the difference between any area before partitioning and any area after partitioning is in excess of the allowable scope, such area or its boundary on the cadastral record shall be each corrected; |
| (c) | An area that is calculated by proportionally dividing the difference between any area before partitioning and any area after partitioning shall be calculated down to necessary figures according to the following formula and a determined area shall be calculated by raising the figures up in order, starting with those last place value is larger than the figure following it, by which a calculated area is sought, in order to make the determined area identical to the original area and when the figure following the last place, value whose by the calculated area is sought, is identical, an area shall be calculated by raising the larger calculated area: |
(“r” means the calculated area of each parcel, “F” means the original area, “A” means the total of the measured area or the total of the corrected area and “a” means the measured area or the corrected area of each parcel).
| (2) | When an area is determined in order to make a partition of land in an area in which the boundary point coordinate record is in force, such area shall be determined according to the following standards, notwithstanding paragraph (1) 2 (b): |
| 1. | Where the total of the area of each parcel after partitioning is larger than that before partitioning, an area shall be determined by discarding figures in order, starting with those whose last place is smaller than the figure following it, by which a determined area is sought and such area shall be determined in a manner that the area before partitioning is kept unchanged; |
| 2. | Where the total of the area of each parcel after partitioning is smaller than that before partitioning, an area shall be determined by raising figures in order, starting with those whose last place value is larger than the figure following it, by which a determined area is sought and such area shall be determined in a manner that the area before partitioning is kept unchanged. |
| Article 20 (Composition of Central Cadastral Committee) |
| (1) | The Central Cadastral Committee (hereinafter referred to as the "Central Cadastral Committee") under Article 28 (1) of the Act shall be comprised of not less than five but not more than 10 members, including one Chairperson and one Vice Chairperson. <Amended on Jul. 4, 2012> |
| (2) | The Chairperson shall be the chief of the bureau in charge of cadastral affairs of the Ministry of Land, Infrastructure and Transport, and the Vice Chairperson shall be the chief of the section in charge of cadastral affairs of the said Ministry. <Amended on Mar. 23, 2013> |
| (3) | The members of the Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport, from among persons who have sufficient knowledge and experience in the cadastre of land. <Amended on Mar. 23, 2013> |
| (4) | The term of office of the members except for a Chairperson and a Vice- Chairperson shall be two years. |
| (5) | Executive secretary of the Committee shall be appointed by the Minister of Land, Infrastructure and Transport from among the public officials in charge of cadastral affairs in the Ministry of Land, Infrastructure and Transport, and he or she shall be in charge of the general affairs of the Central Cadastral Committee, such as preparation for meetings, drawing up of the minutes, and affairs following the results of meetings. <Amended on Mar. 23, 2013> |
| (6) | Attendance allowance, travel expenses and other actual expenses may be reimbursed to the members of the Central Cadastral Committee within budgetary limits: Provided, That the same shall not apply where a member who is a public official attends in the direct connection with his or her competent duties. |
| Article 20-2 (Exclusion, Challenge, and Voluntary Refrainment of Members) |
| (1) | Where a member of the Central Cadastral Committee falls under any of the following cases, he or she shall be excluded from deliberation or resolution by the Central Cadastral Committee: |
| 1. | Where he or she or a person who is or was his or her spouse is the party to the relevant agenda or a joint obligee or joint obligor with the party to such agenda item; |
| 2. | Where he or she is or was a relative of the party to the relevant agenda item; |
| 3. | Where he or she has testified to, made a statement on or given an expert opinion on the relevant agenda item; |
| 4. | Where he or she or a corporation, or organization to which he or she belongs is or was an agent of the party to the relevant agenda item; |
| 5. | Where he or she has participated in disposition or omission that is the cause of the relevant agenda item. |
| (2) | Where it is difficult for the party to the relevant agenda to expect fair deliberation or resolution from a member of the Central Cadastral Committee, he or she may file an application for challenge with the Central Cadastral Committee, and it shall determine such challenge by resolution. In such cases, the member subject to an application for challenge shall not participate in such resolution. |
| (3) | Where a member falls under any grounds for exclusion under the subparagraphs of paragraph (1), he or she shall voluntarily refrain from deliberation or resolution of the relevant agenda item of his or her own accord. |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 20-3 (Dismissal or Release of Members from Service) |
Where a member of the Central Cadastral Committee falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss or release the said member from service: <Amended on Mar. 23, 2013>
| 1. | Where he or she is unable to perform his or her duties due to physical or mental disorder; |
| 2. | Where he or she is deemed unfit and unqualified to be a member due to his or her neglect of duties, injury to dignity, or for other reasons; |
| 3. | Where he or she fails to evade from deliberation or resolution by the Central Cadastral Committee, although he or she falls under any of the subparagraphs of Article 20-2 (1). |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 21 (Meetings of Central Cadastral Committee) |
| (1) | The chairperson of the Central Cadastral Committee shall convene and preside over the meetings of the said Committee. |
| (2) | Where the chairperson is unable to perform his or her duties due to extraordinary circumstances, the vice chairperson shall act as chairperson on his or her behalf, and where the chairperson and the vice chairperson are unable to perform their duties due to extraordinary circumstances, a member designated by the chairperson in advance shall perform their duties on their behalf. |
| (3) | The meeting shall start a deliberation with the attendance of a majority of the registered members including the chairperson and the vice chairperson, and make decision with a concurrent vote of a majority of members present. |
| (4) | The Central Cadastral Committee may have the party concerned attend thereto and hear his or her opinion, and if deemed necessary, conduct a site investigation. |
| (5) | When the chairperson convenes a meeting of the Central Cadastral Committee, he or she shall notify each member in writing of the date, venue, and agenda for deliberation of the meeting, by not later than five days before the meeting. |
| (6) | Where conducting re-examination under Article 29 (6) of the Act and any member is related to the relevant survey case, he or she shall not participate in a deliberation or resolution on the said case. |
| Article 22 (Designation of Person to Conduct Site Investigation) |
Where the Central Cadastral Committee intends to conduct a site investigation under Article 21 (4), it may designate relevant public officials and have them conduct a site investigation, such as a cadastral survey and data investigation and make a report of the results of such investigation and, if necessary, it may request a person falling under the subparagraphs of Article 24 (1) of the Act (hereinafter referred to as “cadastral surveyor”) to have a surveying technician engage in the field of cadastral (hereinafter referred to as “cadastral technician”), among surveying technicians under the jurisdiction of such person, participate in the relevant investigation. <Amended on Jan. 17, 2014>
| Article 23 (Composition of Regional Cadastral Committee) |
With regard to the composition and meetings, etc. of the regional cadastral committee under Article 28 (2) of the Act, Articles 20, 20-2, 20-3, 21 and 22 shall apply mutatis mutandis. In such cases, “Central Cadastral Committee” in Articles 20, 20-2, 20-3, 21, and 22 shall be construed as “regional cadastral committee”, “the Ministry of Land, Infrastructure and Transport” as “the City/ Do”, “the Minister of Land, Infrastructure and Transport” as “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”, and “the re-examination under Article 29 (6) of the Act” shall be construed as “examination on the properness of a cadastral survey under Article 29 (1) of the Act”. <Amended on Jul. 4, 2012; Mar. 23, 2013; Jun. 11, 2013; Jan. 17, 2014>
| Article 24 (Request for Examination on Properness of Cadastral Survey) |
| (1) | A person who intends to make a request for an examination on the properness of a cadastral survey pursuant to Article 29 (1) of the Act shall submit to the local cadastral committee via 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 the “Mayor/Do Governor”), accompanied by the documents of the following classification: <Amended on Jan. 17, 2014> |
| 1. | A landowner or an interested person: cadastral survey results which are issued according to the consequence of a cadastral survey requested by him, her, or it; |
| 2. | A cadastral surveyor (only where a cadastral technician belonging to the cadastral surveyor requests such examination: the results of the cadastral survey directly conducted by the cadastral surveyor. |
| (2) | If deemed necessary for preparing a surveyed map of current conditions under Article 29 (2) 3 of the Act, the Mayor/Do Governor may designate a relevant public official under his or her control to perform a cadastral survey, and may, if necessary, ask cadastral technicians belonging to the cadastral surveyor to participate in the cadastral survey. <Amended on Jun. 1, 2015> |
| Article 25 (Resolution on Examination as to Whether Cadastral Survey Is Proper) |
| (1) | The regional cadastral committee shall, when it has reached a resolution on the examination as to whether the cadastral survey is proper under Article 29 (4) of the Act, promptly forward a written resolution thereof, which bears the signatures and seals of the chairperson and all members present, to the Mayor/Do Governor. |
| (2) | The Mayor/Do Governor shall, when he or she notifies the applicant for an examination as to whether the cadastral survey is proper and an interested person of the written resolution thereof under Article 29 (5) of the Act, notify in writing the purport that they may request a re-examination under Article 29 (6) of the Act. |
| Article 26 (Request for Re-Examination on Properness of Cadastral Survey Is Proper) |
| (1) | Any person who intends to make a request for re-examination on the properness of a cadastral survey under Article 29 (6) of the Act shall submit to the Central Cadastral Committee via the Minister of Land, Infrastructure and Transport a written request for re-examination, attaching a copy of the written resolution of the relevant regional cadastral committee with respect to examination on the properness of the cadastral survey: <Amended on Mar. 23, 2013; Jan. 17, 2014> |
| 1. | Deleted; <Jan. 17, 2014> |
| 2. | Deleted. <Jan. 17, 2014> |
| (2) | Where the Central Cadastral Committee has reached a resolution on re-examination under Article 29 (7) of the Act, it shall, without delay, forward to the Minister of Land, Infrastructure and Transport the written resolution bearing the signatures and seals of the Chairperson and all members present. <Amended on Mar. 23, 2013> |
| Article 27 Deleted. <Feb. 9, 2021> |
| Article 28 Deleted. <Feb. 9, 2021> |
| Article 29 Deleted. <Feb. 9, 2021> |
| Article 30 Deleted. <Feb. 9, 2021> |
Section 6 Survey Technicians
| Article 31 (Real Name of Survey Publication) |
Survey technicians shall sign and affix seals on the survey publication prepared by them.
| Article 32 (Qualifications of Survey Technicians) |
| Article 32-2 (Procedures for Suspension of Business of Cadastral Technicians) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport shall request the Central Cadastral Committee to deliberate on a disposition against a cadastral technician pursuant to the latter part, with the exception of the subparagraphs, of Article 42 (1) of the Act: <Amended on Jun. 1, 2015> |
| 1. | Where the Minister of Land, Infrastructure and Transport discovers (including where he or she has received a notification from the competent cadastral authority) any of cases referred to in the subparagraphs of Article 42 (1) of the Act; |
| 2. | Where the Mayor/Do Governor discovers (including where he or she has received a notification from the competent cadastral authority) a violation of any of the subparagraphs of Article 42 (1) of the Act and shall notifies the Minister of Land, Infrastructure and Transport thereof: |
| (a) | Deleted; <Jun. 1, 2015> |
| (b) | Deleted. <Jun. 1, 2015> |
| (2) | Upon receipt of a request for deliberation under paragraph (1), the Central Cadastral Committee shall deliberate and decide on the suspension of business of the cadastral technician and then send the result to the Minister of Land, Infrastructure and Transport without delay. |
| (3) | Upon receipt of the result of deliberation and decision under paragraph (2), the Minister of Land, Infrastructure and Transport shall make a disposition without delay and shall then notify the Mayor/Do Governor of the fact. |
[This Article Newly Inserted on Jan. 17, 2014]
| Article 33 Deleted. <Feb. 9, 2021> |
Section 7 Surveying Business
| Article 34 (Type of Surveying Business) |
| (1) | “Other type of business prescribed by Presidential Decree, such as aerial photography and map production” in Article 44 (1) 3 of the Act means as follows: |
| 1. | Public surveying business; |
| 2. | General surveying business; |
| 3. | Coastline surveying business; |
| 4. | Aerial photography business; |
| 5. | Business of drawing spatial images; |
| 6. | Image processing business; |
| 7. | Numerical map production business; |
| 9. | Survey business of underground facilities. |
| (2) | The details of business per type of surveying business shall be listed in attached Table 7. |
| Article 35 (Registration of Surveying Business) |
| (1) | Geodetic surveying business referred to in Article 44 (1) 1 of the Act and surveying business referred to in Article 34 (1) 3 through 9 of this Decree shall be registered with the Minister of Land, Infrastructure and Transport; and cadastral surveying business referred to in Article 44 (1) 2 of the Act and surveying business referred to in Article 34 (1) 1 and 2 of this Decree shall be registered with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the mayor of a large city (referring to the mayor of a large city with a population of at least 500,000 persons other than Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 198 (1) of the Local Autonomy Act; hereinafter the same shall apply): Provided, That in case of the Special Self-Governing Province, the surveying business referred to in Article 44 (1) 1 and 2 of the Act and the subparagraphs of Article 34 (1) of this Decree shall be registered with the Special Self-Governing Province Governor. <Amended on Mar. 23, 2013; Jun. 11, 2013; Dec. 29, 2020; Dec. 16, 2021> |
| (2) | Any person who intends to have his or her surveying business registered in accordance with paragraph (1) shall file a written application (including a written application in a form of electronic documents) determined by Ordinance of the Ministry of Land, Infrastructure and Transport, accompanied by the following documents (including electronic documents), with the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the mayor of a large city: <Amended on Mar. 23, 2013; Jan. 17, 2014; Jan. 10, 2017; Dec. 29, 2020> |
| 1. | Each of the following documents to certify that the applicant holds technical personnel under attached Table 8: |
| (a) | A list of survey technicians in his or her possession; |
| (b) | A career certificate on surveying technique of personnel referred to in item (a); |
| 2. | Each of the following documents to certify that the applicant holds equipment and devices under attached Table 8: |
| (a) | A statement detailing equipment and devices in his or her possession; |
| (b) | Copies of performance testing certificate of equipment and devices referred to in item (a); |
| (c) | A document certifying the ownership or the right of use. |
| (3) | Upon receipt of any application for registration under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the mayor of a large city shall confirm the following administrative information through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where he or she shall obtain the consent from the applicant for the confirmation of the business registration certificate and the documents referred to in subparagraph 2 and if the applicant does not agree to the confirmation, the copies of the relevant documents shall be attached: <Amended on May 4, 2010; Mar. 23, 2013; Dec. 29, 2020> |
| 1. | Business registration certificate or certified copy of corporate register (limited to a corporation); |
| (4) | Upon receipt of an application for the registration of surveying business in accordance with paragraph (2), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the mayor of a large city shall examine whether the applicant is in conformity with the registration standards provided for in Article 44 of the Act and falls under the grounds of disqualification provided for in the subparagraphs of Article 47 of the Act and; shall record the applicant in the surveying business register, if the applicant's surveying business is recognized to be in conformity with such registration standards; and shall deliver a cadastral surveying business registration certificate and a cadastral business registration pocketbook to the relevant applicant within 10 days from the date of receiving the application. <Amended on Mar. 23, 2013; Jan. 10, 2017; Dec. 29, 2020> |
| (5) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the mayor of a large city deems that an application for registration of surveying business under paragraph (2) is improper for registration standards of surveying business prescribed in paragraph (2), he or she shall notify the applicant of such decision. <Amended on Mar. 23, 2013; Dec. 29, 2020> |
| (6) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the mayor of a large city grants registration under Article 44 (2) of the Act, he or she shall make a public announcement thereof at the notice board or the website of the Ministry, City, Do, or large city concerned for at least 10 days. <Amended on Mar. 23, 2013; Jan. 17, 2014; Dec. 29, 2020> |
| Article 36 (Standards for Registering Surveying Business) |
| (1) | The standards for registering the surveying business shall be listed in attached Table 8. |
| (2) | Any person who intends to register the aerial photography business shall not only satisfy the standards for registration listed in attached Table 8, but also register the business of using an aircraft under the Aviation Business Act. <Amended on Mar. 29, 2017> |
| Article 37 (Change of Registered Matters) |
| (1) | Where any person who has registered the surveying business has changed any of the following matters that are registered, he or she shall report on a change in registered matters as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport within 30 days from the date when such change takes place under Article 44 (4) of the Act: Provided, That where he or she changes matters falling under subparagraph 4, he or she shall make a report on such change within 90 days from the date such change is made: <Amended on Jun. 25, 2012; Jan. 17, 2014> |
| 1. | The seat of the main business office or branch office; |
| 2. | The trade name thereof; |
| 3. | The representative thereof; |
| 4. | The technical personnel and equipment thereof. |
| (2) | Any person who has registered at least two surveying business changes the registered matters prescribed in paragraph (1) 1 through 3 and the agency he or she has registered with under Article 35 (1) is identical, he or she may report them simultaneously. |
| Article 38 (Re-Issuance of Registration Certificates) |
Where any surveying business operator loses his or her surveying business registration certificate or surveying business registration pocketbook or it is so damaged that it can no longer be used as a certificate or pocketbook, he or she shall file an application with the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the mayor of a large city for the re-issuance thereof. In such cases, a written explanation of the ground shall be attached in case of misplacing it. <Amended on Mar. 23, 2013; Jun. 1, 2015; Dec. 29, 2020>
| Article 39 (Informatization Business by Utilizing Cadastral Computerized ? Digital Data) |
Information business by utilizing cadastral computerized data under Article 45 of the Act shall include the following business: | 1. | Business to record and store through an information processing system such as cadastral map, forestry map, serial cadastral map, cadastral map for the plan of urban development projects, etc.; |
| 2. | Business to computerize parcels-register for site and parcels-register for forest area. |
| Article 40 (Succession to Status of Surveying Business Operator) |
| (1) | A report on the succession to the status of a surveying business operator under Article 46 (1) of the Act shall be made to the agency with which he or she has filed for registration under Article 35 (1). <Amended on May 31, 2022> |
| (2) | The procedures for reporting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 41 (Guarantee of Liability for Damage Indemnification) |
| (1) | A cadastral surveyor shall establish a guarantee by purchasing a guarantee insurance or by subscribing the guarantee or mutual benefit operated by the Spatial Data Association (hereinafter referred to as “guarantee establishment”) in order to be covered for the liability for compensation for damage under Article 51 (2) of the Act in accordance with the following divisions: <Amended on Jan. 10, 2017> |
| 1. | A cadastral surveying business operator: the coverage period is at least 10 years and the coverage amount is at least 100 million won; |
| (2) | Any cadastral surveying business operator shall establish a guarantee under the criteria of paragraph (1) 1 within 10 days from the date on which he or she takes delivery of a cadastral surveying business registration certificate and when he or she insures himself or herself for it, he or she shall submit a document attesting his or her guarantee establishment to the Mayor/Do Governor or the mayor of a large city with which he or she has filed for registration under Article 35 (1). <Amended on Jan. 17, 2014; Jan. 10, 2017; Dec. 29, 2020> |
| Article 42 (Shift of Insurance) |
| (1) | In the event that any cadastral surveyor who has already established the guarantee under Article 51 of the Act intends to shift his or her original guarantee establishment to other guarantee establishment, he or she shall purchase other guarantee insurance during the period in which the effect of his or her original guarantee establishment remains valid and effective and submit a document attesting the fact to the Mayor/Do Governor or the mayor of a large city with which he or she has filed for registration under Article 35 (1). <Amended on Dec. 29, 2020> |
| (2) | In the event that any cadastral surveyor who has established the guarantee intends to re-establish the guarantee due to the expiration of his or her previous guarantee establishment, he or she shall establish the guarantee again by or before the date on which the previous guarantee establishment expires and submit a document attesting the fact to the Mayor/Do Governor or the mayor of a large city with which he or she has filed for registration under Article 35 (1). <Amended on Dec. 29, 2020> |
[This Article Wholly Amended on Jan. 10, 2017]
| Article 43 (Payment of Insurance Money) |
| (1) | Where any client of cadastral survey service intends to be paid the insurance money, guarantee money or mutual benefit money as compensation for damage under Article 51 (1) of the Act, he or she shall bring a damage claim, accompanied by documents falling under any of the following to the relevant insurance company or the Spatial Data Industry Association: <Amended on Jan. 10, 2017> |
| 1. | The indemnity agreement that is concluded between the relevant client of the cadastral survey service and the relevant cadastral surveyor; |
| 2. | The copy of the written final judgment given by the court; |
| 3. | Other documents of effects corresponding to subparagraphs 1 and 2. |
| (2) | Where any cadastral surveyor indemnifies for loss with the insurance money, guarantee money or mutual benefit money he or she shall re-establish the guarantee without delay and submit a document attesting to the fact to the Mayor/Do Governor or the mayor of a large city with which he or she has filed for registration under Article 35 (1). <Amended on Jan. 10, 2017; Dec. 29, 2020> |
| (3) | The competent cadastral authority may join a mutual aid in preparation for the circumstances where pay any part of such compensation for damage as originally attributed to a cadastral surveyor due to its negligence in the inspection of the cadastral survey results, it should, pursuant to paragraph (1). <Newly Inserted on Jan. 17, 2014> |
[Title Amended on Jan. 17, 2014; Jan. 10, 2017]
| Article 44 (Temporary Failure to Meet Registration Standards) |
“Where he or she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree” in the proviso of Article 52 (1) 4 of the Act means where the period during which the registration standards are not met is within 90 days due to the death, unknown whereabouts or retirement of a person falling under technical personnel under attached Table 8. <Amended on Jun. 25, 2012; Jan. 17, 2014>
| Article 45 Deleted. <Feb. 9, 2021> |
| Article 46 Deleted. <Feb. 9, 2021> |
| Article 47 Deleted. <Feb. 9, 2021> |
| Article 48 (Standards for Consideration of Survey) |
| (1) | The standards for consideration under Article 55 (1) of the Act shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 9, 2021> |
| (2) | The consideration referred to in Article 55 (1) of the Act shall be calculated by being divided into direct fees and indirect fees. |
| (3) | Where the Minister of Land, Infrastructure and Transport determines the standards for consideration under paragraph (1), he or she shall publicly notify them in the Official Gazette. <Amended on Mar. 23, 2013; Feb. 9, 2021> |
[Title Amended on Feb. 9, 2021]
| Article 49 Deleted. <Jun. 1, 2015> |
| Article 50 Deleted. <Feb. 9, 2021> |
| Article 51 Deleted. <Feb. 9, 2021> |
| Article 52 Deleted. <Feb. 9, 2021> |
| Article 53 Deleted. <Jun. 1, 2015> |
CHAPTER III CADASTRE OF LAND
Section 1 Registration of Land
| Article 54 Deleted. <Jan. 17, 2014> |
| Article 55 (Standards for Decision of Ground Boundaries) |
| (1) | The standards for decision of ground boundaries under Article 65 (1) of the Act shall be governed by the following standards: <Amended on Jan. 17, 2014; Jan. 5, 2021> |
| 1. | Where no undulation exists between the connected lands, the center of the relevant structures, etc.; |
| 2. | Where no undulation exists between the connected lands, the lower part of the relevant structures, etc.; |
| 3. | Where any part of the land is cut such as road, ditch, etc., the upper part of the relevant slope surface; |
| 4. | Where the land is connected with the sea or water surface, the line reaching the maximum high tide or maximum filling of water; |
| 5. | Where any registration is made by incorporating the embankments, etc. among the land in the reclaimed land of public water into the land, the outer shoulder part. |
| (2) | Where the owners of structures, etc. constituting the division of ground boundaries are different, its ground boundaries shall be decided by the relevant ownerships, notwithstanding paragraph (1) 1 through 3. |
| (3) | Where any of the following cases arises, the survey may be made by installing the markers of boundary points prescribed in Article 65 (1) of the Act on the ground boundary points: <Amended on Apr. 10, 2012; Jan. 17, 2014> |
| 1. | Where an operator of urban development project, etc. prescribed in Article 86 (1) of the Act intends to divide the land in order to decide on the boundary of the project districts; |
| 2. | Where a project operator under subparagraphs 1 and 2 of Article 87 of the Act, the head of an administrative agency or the head of a local government intends to subdivide the land in order to acquire the land; |
| 4. | Where the land is intended to be divided under Article 65 (1); |
| 5. | Where the land is intended to be divided by obtaining authorization or permission, etc. under the related statutes or regulations. |
| (4) | Any ground boundary demarcated by partitioning shall be determined so as not to cross any ground structure: Provided, That the same shall not apply to any of the following cases: |
| 1. | Where a final judgment has been rendered by the court; |
| 3. | Where any land is divided in accordance with paragraph (3) 1 or 3. |
| (5) | The boundaries of the cadastral confirmation survey shall be decided on the current status of the completed construction, and where the current status of the completed construction is different from the project plan, such fact shall be notified to the executor of the project in advance. <Amended on Jan. 17, 2014> |
[Title Amended on Jan. 17, 2014]
| Article 56 (Constitution of Parcel Number, and Method of Numbering) |
| (1) | Parcel numbers shall be indicated by Arabic numerals, but the parcel number of land to be registered in the parcels-register for forest area and forestry map shall have the word, “san” in front of the numerals. |
| (2) | Parcel numbers shall be comprised of the main number and sub-number, and they shall be connected by a hyphen mark. In such cases, the hyphen mark shall be pronounced “?i”. |
| (3) | Parcel numbering prescribed in Article 66 of the Act shall be made by the following means: <Amended on Jan. 17, 2014> |
| 1. | Parcel numbers shall be successively set from northwest to southeast; |
| 2. | In case of a new registration and a registration conversion, its parcel number shall be set by connecting a sub-number with the main number of contiguous land, within the relevant parcel numbering region: Provided, That in any of the following cases, the parcel number may be successively set by setting the main number from the sequence next to the final main number in the relevant parcel numbering region: |
| (a) | Where the subject land is contiguous to the land of final parcel number in the relevant parcel numbering region; |
| (b) | Where it is unreasonable to set a sub-number to the main number of the registered land, as the subject land is located far from the already-registered land; |
| (c) | Where the subject land is constituted by several parcels; |
| 3. | In case of partitioning, the parcel number of one parcel among those after partitioning shall be the parcel number before partitioning, and with respect to that of the remaining parcels, the sub-number shall be set by the sequence next to the final sub-number of the main number. In such cases, with respect to the parcel on which there exist structures such as residences or offices, the parcel number before partitioning shall be preferentially set; |
| 4. | In case of annexation, the prior order parcel number from among those subjected to an annexation shall be the parcel number after annexation, but when there exists a parcel number which became the main number, the prior order parcel number from among the main numbers shall be the parcel number after annexation. In such cases, where a landowner requests, as the structures such as residences or offices are located on the parcel before annexation, that the parcel number of such structures be the parcel number after annexation, such parcel number shall be set as the parcel number after annexation; |
| 5. | Where the parcel number is newly set to each parcel within the area for which a cadastral confirmation survey has been completed, it shall be set by the main number except for the following parcel numbers: Provided, That where the number of previous parcel numbers capable of being set is fewer than the number of parcel numbers to be newly set, the sub-number may be set by parcel after setting one main number to a unit of blocks, or a parcel number may be successively set by setting the main number from the sequence next to the final main number in the relevant parcel numbering region: |
| (a) | Where an identical parcel number exists between the previous parcel number within the area for which a cadastral confirmation survey has been performed and the main number outside of the area for which a cadastral confirmation survey has been performed, such a parcel number; |
| (b) | The parcel number lying across the boundary of the area for which a cadastral confirmation survey has been performed; |
| 6. | In any of the following cases, a parcel number shall be set by applying subparagraph 5 mutatis mutandis: |
| (c) | Where a parcel number is set to the parcel within the area for which a scale change is implemented under Article 72 (1) of the Act. |
| (4) | Where the executor of an urban development project prescribed in Article 86 of the Act files an application for a parcel numbering before the completion of works of such project, a parcel number may be set, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 57 (Application for Approval of Parcel Number Changes) |
| (1) | When the competent cadastral authority intends to change the parcel number pursuant to Article 66 (2) of the Act, it shall submit to the Mayor/Do Governor or the mayor of a large city an application for approval indicating the grounds for change of the parcel number, in which the details of the parcel number of an area subject to change of the parcel number, its land category, area, and owner (hereinafter referred to as “details of the parcel number, etc.”) are stated. In such cases, the Mayor/Do Governor or the mayor of a large city shall confirm a cadastral map and forestry map of the area subject to change of the parcel number through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on Nov. 2, 2010; Dec. 29, 2020> |
| (2) | The Mayor/Do Governor or the Mayor of metropolitan cities in receipt of an application under paragraph (1) shall examine the reason, etc. for parcel number changes, and notify the competent cadastral authority of the relevant results. |
| Article 58 (Classification of Land Categories) |
Classification of land categories under Article 67 (1) of the Act shall be governed by the following criteria: <Amended on Jun. 9, 2020> Land at which plants, such as cereals, garden products (excluding a variety of fruit trees), medicinal herbs, mulberry trees, paper mulberry, sapling, ornamental tree are mainly cultivated and that at which the bamboo shoot used for food is cultivated, without regularly utilizing water, shall be classified into “dry paddy-field”;
Land at which plants, such as rice, lotus, dropwort, sedge are mainly cultivated, by making a direct and regular use of water shall be classified into “paddy-field”;
Land where a variety of fruit trees, such as apple, pear, chestnut, walnut, orange trees are collectively cultivated and the site for attached facilities, such as a storehouse, connected with it, shall be classified as “orchard”: Provided, That the site for a structure for residence shall be classified into “building site”;
Each of the following lands shall be classified as “pasture site”: Provided, That the site for a structure for residence shall be classified into “building site”:
| (a) | Land where a grass land is created for operating the livestock farming and dairy farming; |
| (c) | Site for attached facilities which are connected to the land under items (a) and (b); |
Grove land, land of a bamboo thicket, rocky ground, gravelly ground, sandy ground, damp ground, and wasteland, etc., which form the forest and wild plain, shall be classified into “forestry”;
The site for an eruption crater from which hot water, mineral water, petroleum, etc., gush out from underground, and for its maintenance shall be classified into “mineral spring site”: Provided, That a site for a water pipe, oil pipeline or storage facilities which transport hot water, mineral water, petroleum, etc., to a specified place, shall be excluded;
The land created for gathering salt from the seawater drawn in, and the site for the attached facilities, such as saltworks connected thereto, shall be classified as “saltern”: Provided, That a site for the production facilities which make salt not by the solar evaporation process, but by drawing the seawater in with electric power, shall be excluded;
| (a) | Site for the residence, office, or store from among the permanent buildings, and for the cultural facilities such as museum, theater, art gallery and the garden and attached facilities connected thereto; |
| (a) | Site for the factory facilities at which a manufacturing business is operated; |
| (c) | Site for the attached facilities, such as the medical facilities which are located within the district just like the land under items (a) and (b); |
The site for a school building and the attached facilities, such as physical training area, connected thereto, shall be classified as “school site”;
Site equipped with an independent facility required for parking and the site for the structure for parking exclusively and the attached facilities connected thereto, shall be classified as “parking lot”: Provided, That the site for any of the following facilities shall be excluded:
| (b) | Goods distribution place and outdoor exhibit place which are set up for the sale of automobiles, etc.; |
Any of the following lands shall be classified as “gas station site”: Provided, That the site for oil filling and supplying facilities, etc. installed in a manufacturing or maintenance factory for automobiles, ships, trains, etc. shall be excluded:
| (a) | Site for the installation equipped with specific equipment for the sale of petroleum, petroleum products, liquefied petroleum gas, electricity, or hydrogen, etc.; |
| (b) | Site for the oil reservoir and crude oil storage, and site for the appurtenant facilities connected thereto; |
Site for the custody facilities installed independently for keeping or storing goods, etc., and site for the attached facilities connected thereto shall be classified as “warehouse site”;
Any of the following lands shall be classified as “road”: Provided, That pathways set up in a specific complex with such single usage as apartment or factory, etc. shall be excluded:
| (a) | Land utilized for the traffic and transport of general public, equipped with a specific facility or form required for walking or driving; |
| (b) | Land set up as a road under the related statutes or regulations, such as the Road Act; |
| (c) | Site for the resting place in the express highway; |
| (d) | Land utilized for a pathway leading to two or more parcels; |
Land utilized with such equipment and form as a specific track for traffic and transport, and site for the attached facilities such as the station building, train depot, power house, and workshop connected thereto, shall be classified as “railway site”;
Site for the tide embankment, drainage levee, barricade to arrest sand erosion, breakwaters, etc. which are installed to stop the tide, natural water flow, sand, wind, etc., shall be classified as “bank”;
Land on which water flows naturally or is expected to flow, shall be classified as “river”;
Site for the artificial waterway, embankment, and their attached facilities, which are equipped with a specific form for the purpose of using water or draining, and a small-scale waterway on which water flows naturally or is expected to flow, shall be classified as “ditch”;
Land for the dam, reservoir, small marsh, lake, pond, etc., where water stagnates or is stored at all times, and ill-drained land where lotus, sedges, etc., grow wild, shall be classified as “marsh”;
Site equipped with the facilities which are artificially installed on land for propagating or breeding the marine life, and site for the appurtenant facilities connected thereto, shall be classified as “fish-farm”;
Site for the facilities for collecting, reserving, conveying, purifying, supplying and draining water in order to supply purified water, and site for the attached facilities connected thereto, shall be classified as “water supply site”;
Land equipped with facilities used for the general public’s living for health, relaxation and sentiment, determined and publicly notified as a park or green tract of land by the National Land Planning and Utilization Act, shall be classified as “park”; Land for physical training facilities, such as the sports complex, gymnasium, baseball ground, golf course, ski field, riding course, cycle race track which are equipped with facilities and form to be adequate for physical activities for promoting national health, and the site for appurtenant facilities connected thereto, shall be classified as “gymnasium site”: Provided, That land for the tennis court, golf practice range, indoor swimming pool, physical training hall, yacht course, canoe course making use of flowing water, etc., all of which fall short of the permanence and independency as physical training facilities, shall be excluded;
Land for the swimming pool, pleasure boat resort, fishing spot, playground for children, zoological garden, botanical garden, folk village, race course, camping ground, etc., which are comprehensively equipped with the facilities to be adequate for amusement, relaxation, etc., of general public, and the site for attached facilities connected thereto, shall be classified as “recreation area”: Provided, That a site for board and lodging facilities and a pleasure resort recognized to be independent in view of distance, etc. from the said facilities, and what is classified into the river, ditch or marsh (limited to what is publicly owned), shall be excluded;
Site for the structures such as the church, Buddhist temple, Confucian school in order to perform the divine service, Buddhist service, preaching, ancestral rite, etc. for the purpose of religious rituals of the general public, and the site for the attached facilities connected thereto, shall be classified as “religious site”;
Land partitioned in order to preserve the historic relics, historical spot, monument, etc. which are designated as cultural properties, shall be classified as “historic site”: Provided, That the land partitioned in order to preserve the relics, historical spot, monument, etc. located within the land of different land category, such as school site, park, religion site, etc., shall be excluded;
Land where a corpse or remains is buried, the land determined and publicly notified as the cemetery park under the Act on Urban Parks and Green Areas and the charnel house facility under subparagraph 9 of Article 2 of the Act on Funeral Services and the site for the attached facilities connected thereto, shall be classified into “graveyard”: Provided, That the site for the building for graveyard management shall be classified as “building site”; Any of the following lands shall be classified as “miscellaneous land”: Provided, That the land in which it is permitted to grub up stone or dig up soil on condition of reinstatement shall be excluded:
| (a) | Field of reed, outside place where things are piled up, place where stones are grubbed up, place where soil is dug up, outdoor market, and well for public use; |
| (b) | Site for the substation, transmitting station, receiving station, oil supply facilities, etc.; |
| (c) | Site equipped with independent facilities related to automobiles such as bus terminals, driving schools, junkyards, etc.; |
| (d) | Site for airport facilities and harbor facilities; |
| (e) | Site for slaughterhouse, waste disposal, sewage disposal, etc.; |
| (f) | Land which does not belong to other land categories. |
| Article 59 (Method of Determination of Land Category) |
| 1. | One land category shall be determined per parcel; |
| 2. | Where one parcel is utilized for two or more usages, its land category shall be determined by its principal usage. |
| (2) | When land is used for a time or temporarily, its land category shall not be altered. |
| Article 60 (Determination of Area, and Disposal of Fraction in Measurement Calculation) |
| (1) | Method of determining the area shall be governed by the following means: |
| 1. | Where there exists any fraction less than a square meter in the area of land, when below 0.5 square meters, it shall be discarded, and when exceeding 0.5 square meters, it shall be rounded off, and when 0.5 square meters, if the last place value number intended to be computed is either zero or an even number, it shall be discarded, and if odd number, it shall be rounded off: Provided, That when the area of one parcel is less than a square meter, it shall be described as a square meter; |
| 2. | Area of the land in the region where the scale of the cadastral map is 1/600 and in the region to be registered in the boundary point coordinate register, shall be described to a single unit below a square meter, notwithstanding subparagraph 1, but where there exists any fraction less than 0.1 square meters, when below 0.05 square meters, it shall be discarded, and when exceeding 0.05 square meters, it shall be rounded off, and when 0.05 square meters, if the last place value intended to be computed is either zero or even number, it shall be discarded, and if odd number, it shall be rounded off: Provided, That if the area of one parcel is less than 0.1 square meters, it shall be described as 0.1 square meters. |
| (2) | In calculating the angle value of azimuth, value of length and breadth lines, or distance, if the number next to the last place intended to compute is less than 5, it shall be discarded, when exceeding 5, it shall be rounded off, and when 5, if the last place number intended to be computed is either zero or even number, it shall be discarded, and if an odd number, it shall be rounded off: Provided, That when computing by the electronic computing system, it shall apply only to the final values. |
Section 2 Cadastral Records
| Article 61 (Restoration of Cadastral Record) |
| (1) | Where the competent cadastral authorities intend to restore a cadastral record under Article 74 of the Act, they shall restore the matters concerning the definition of land on the basis of the related data which are recognized to be the most coinciding with the cadastral record as at the time of destruction, loss or damage: Provided, That matters concerning the owner shall be restored on the basis of the real estate register or the final and conclusive judgment of a court. |
| (2) | Matters necessary for the related data and procedures for restoring cadastral records under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 62 (Utilization of Cadastral Computerized Data) |
| (1) | Any person who intends to use or utilize cadastral computerized data (hereinafter referred to as “cadastral computerized data”) prescribed in Article 76 (1) of the Act shall request an examination by submitting to the head of the central administration agency an application indicating the matters falling under any of the following subparagraphs under Article 76 (2) of the Act: |
| 1. | Purpose and grounds for use or utilization of the data; |
| 2. | Scope and details of the data; |
| 3. | Way to offer, organ for keeping, and countermeasures for safety control, etc., for the data. |
| (2) | After examining the following matters, the head of central administrative agency in receipt of an application for examination prescribed in paragraph (1) shall notify the applicant of the results thereof: |
| 1. | Propriety, suitability, or public interest nature of the details of application; |
| 2. | Whether it infringes upon the privacy of an individual; |
| 3. | Countermeasures for prevention of other use than the purpose, and for safety control, of the data. |
| (3) | Any person who intends to obtain approval of the use or utilization of the cadastral computerized data under Article 76 (1) of the Act shall submit the results of an examination under paragraph (2) when he or she files an application for approval: Provided, That where the head of a central administrative agency applies for an approval, he or she may choose not to submit the results of an examination under paragraph (2). |
| (4) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the competent cadastral authority in receipt of an application for approval under paragraph (3) shall examine each of the following matters: <Amended on Mar. 23, 2013> |
| 1. | Matters falling under each subparagraph of paragraph (2); |
| 2. | Whether the requested matters may be dealt with by the electronic data processing system; |
| 3. | Whether any dealing with the requested matters hinders the performance of cadastral duties. |
| (5) | Where the Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or the competent cadastral authority has approved the use or utilization of the cadastral computerized data via examination under paragraph (4), he or she shall enter and manage the relevant details in the use or utilization ledger of the cadastral computerized data, and provide the approved data. <Amended on Mar. 23, 2013> |
| (6) | Any person who has obtained approval of the use or utilization of the cadastral computerized data under paragraph (5) shall pay the fees fixed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the State or local governments shall be exempted from such fees. <Amended on Mar. 23, 2013> |
| Article 62-2 (Matters to Be Registered in Comprehensive Real Estate Records) |
[This Article Newly Inserted on Jan. 17, 2014]
| Article 62-3 (Correction of Registered Matter of Comprehensive Real Estate Records) |
| (1) | In order to correct any registered matter of the comprehensive real estate records under Article 84 of the Act which applies mutatis mutandis pursuant to Article 76?5 of the Act, the competent cadastral authority shall confirm and manage any matter with respect to which the registered matters of the subparagraphs of Article 76-3 of the Act are inconsistent with one another (hereafter referred to as “inconsistent registered matters” in this Article). |
| (2) | The competent cadastral authority shall notify any inconsistent registered matters prescribed in paragraph (1) to the head of the relevant agency which manages a registered matter prescribed in any subparagraph of Article 76-3 of the Act to make a request for the correction of such matter. |
| (3) | Matters necessary for the procedures, etc. for correction of any registered matters of the comprehensive real estate records under paragraphs (1) and (2) shall be separately prescribed by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jan. 17, 2014]
Section 3 Application for Land Alteration, and Cadastral Adjustment
| Article 63 (Application for New Registration) |
Where any landowner intends to file an application for new registration under Article 77 of the Act, he or she shall submit to the competent cadastral authorities an application indicating the ground for new registration, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
| Article 64 (Application for Registration Conversion) |
| (1) | An application for registration conversion under Article 78 of the Act can be filed in the following cases: <Amended on Jun. 9, 2020> |
| 1. | Where permission for, or reporting of, conversion of a mountainous district, permission for, or reporting of a temporary use of a mountainous district under the Mountainous Districts Management Act or building permission or notification of building construction under the Building Act, or permission for development activities under other relevant statutes or regulations; |
| 2. | Where it is deemed unreasonable that the remaining land should continue to be registered on the forestry map, as the majority of land has been under a registration conversion; |
| 3. | Where any alteration of land category is impossible, while the land registered in the forestry map has, in fact, faced with a form and quality alteration; |
| 4. | Where the land is partitioned along the urban or Gun management planning lines. |
| (2) | Deleted. <Jun. 9, 2020> |
| (3) | Where any landowner intends to file an application for registration conversion under Article 78 of the Act, he or she shall submit to the competent cadastral authorities an application indicating the ground for registration conversion, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 65 (Application for Partition) |
| (1) | Cases where any application for partitioning may be filed under Article 79 (1) of the Act shall be as follows: Provided, That where partitioning of relevant land is subject to permission for development activities, etc. under relevant statutes or regulations, partition may be filed for after obtaining permission for development activities, etc.: <Amended on Jan. 17, 2014; Jun. 9, 2020> |
| 1. | Where it is needed for a title transfer, trade, etc.; |
| 2. | In case of making any correction of surface boundaries which are inappropriate for the land utilization; |
| 3. | Deleted. <Jun. 9, 2020> |
| (2) | Where any landowner intends to file an application for the partitioning of land under Article 79 of the Act, he or she shall submit an application indicating the ground for partitioning to the competent cadastral authorities, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, where he or she applies for partition since part of one parcel has faced with a different usage due to a form and quality alteration under Article 79 (2) of the Act, an application for land category alteration under Article 67 (2) shall be concurrently submitted. <Amended on Mar. 23, 2013> |
| Article 66 (Application for Annexation) |
| (1) | Any landowner shall, when he or she intends to file an application for annexation under Article 80 (1) and (2) of the Act, submit to the competent cadastral authorities an application indicating the ground for annexation. |
| (2) | “Other lands prescribed by Presidential Decree” in Article 80 (2) of the Act means the lands with different land categories, such as the factory site, school site, railway site, water supply site, park, and gymnastic site. |
| (3) | “Where the scales of the cadastral map and forestry map of each piece of land intended for an annexation are mutually different and other cases prescribed by Presidential Decree” in Article 80 (3) 3 of the Act means each of the following cases: <Amended on Jun. 9, 2020; Jan. 18, 2022> |
| 1. | Where the scales of the cadastral map and forestry map of each land intended for annexation are mutually different; |
| 2. | Where the ground of each parcel intended for annexation is not connected to each other; |
| 3. | Where the land intended for annexation is made up of the registered land and the unregistered one; |
| 4. | Where each parcel intended for an annexation is the land subject to a partitioning under Article 79 (2) of the Act, since its land category is identical, but the usage of part of the land becomes different: Provided, That the same shall not apply to cases where filing an application for partitioning according to the usage of land, concurrently with an application for annexation; |
| 5. | Where the shares of co-ownership by owner of the land intended for an annexation are different; |
| 6. | Where the land intended for annexation is made up of the land within, and outside, the region where the land consolidation, arable land rearrangement, or scale change is performed. |
| 7. | Where the addresses of owners of the land intended for annexation are different: Provided, That this shall not apply where the identity of the land owner can be confirmed if the competent cadastral authority in receipt of an application under paragraph (1) verifies the following matters through administrative data matching under Article 36 (1) of the Electronic Government Act (where the applicant does not consent to the verification of a certified extract of a resident registration record card, he or she shall attach the relevant data for verification): |
| (a) | A land registration certificate; |
| (b) | A corporation registration certificate (applicable only when the applicant is a corporation); |
| (c) | A certified extract of resident registration card (applicable only when the applicant is an individual). |
| Article 67 (Application for Land Category Change) |
| (1) | The case where an application for land category change may be filed under Article 81 of the Act shall be as follows: |
| 2. | Where the usage of land or structures has been changed; |
| 3. | Where any project operator files an application for land annexation prior to the completion of works for the purpose of smooth operation of projects, such as urban development projects prescribed in Article 86 of the Act. |
| (2) | Where any landowner intends to file an application for land category change under Article 81 of the Act, he or she shall submit an application indicating the cause for land category change to the competent cadastral authorities, along with a document prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 68 (Cancellation and Restoration of Registration of Land Engulfed by Sea) |
| (1) | When any landowner fails to file an application for cancellation of a registration under Article 82 (2) of the Act, the competent cadastral authority shall ex officio cancel the registered matters in the relevant cadastral record. |
| (2) | The competent cadastral authority shall, when it intends to make a restoration of registration under Article 82 (3) of the Act, do so on the basis of the relevant results of cadastral survey and the related data, such as the cadastral record as at the time of cancellation of the registration. |
| (3) | When the registered matters in the cadastral record have been canceled or registered under restoration under paragraphs (1) and (2), the relevant results of rearrangement shall be notified to the landowner and the management office of such public water. |
| Article 69 (Application for Scale Changes) |
Where any landowner intends to file an application for scale change under Article 83 (2) of the Act, he or she shall submit to the competent cadastral authorities an application that indicates the grounds for scale change, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
| Article 70 (Application for Approval of Scale Change) |
| (1) | The competent cadastral authority shall, when it intends to alter the scale under Article 83 (2) of the Act, submit to the Mayor/Do Governor or the Mayor of metropolitan cities an application indicating the grounds for scale change, along with each of the following documents: In such cases, the Mayor/Do Governor or the mayor of a large city shall confirm a cadastral map of an area subject to change of a scale through administrative data matching under Article 36 (1) of the Electronic Government Act: <Amended on Nov. 2, 2010> |
| 1. | Grounds for scale changes; |
| 2. | Deleted; <Nov. 2, 2010> |
| 3. | Details such as parcel number, etc.; |
| 5. | Copy of the written resolution of the Scale Change Committee (hereinafter referred to as the “Scale Change Committee”) under Article 83 (1) of the Act; |
| 6. | Other documents recognized by the Mayor/Do Governor or the Mayor of metropolitan cities to be necessary for an approval of scale changes. |
| (2) | The Mayor/Do Governor or the Mayor of metropolitan cities in receipt of an application under paragraph (1) shall examine the reason for scale changes, and thereafter notify the competent cadastral authority of whether approving it or not. |
| Article 71 (Public Announcement of Performing Scale Changes) |
| (1) | Where the competent cadastral authority has obtained approval of scale changes from the Mayor/Do Governor or the Mayor of metropolitan cities under Article 83 (3) of the Act, the competent cadastral authority shall publicly announce, without delay each of the following matters for at least 20 days: |
| 1. | Purpose of scale changes, performing area and performing period; |
| 2. | Detailed plan for performing scale changes; |
| 3. | Method of liquidation following scale changes; |
| 4. | Matters relevant to cooperation by landowners, etc. following scale changes. |
| (2) | Public announcement under paragraph (1) shall be put up, so as to make it viewable by the residents, on the bulletin board of Dong and Ri within a Si/Gun/Gu (including a Gu which is not an autonomous Gu) and the area to perform scale changes. |
| (3) | Landowners or occupants within the area to perform scale changes shall install the boundary point markers as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on the boundaries occupied by them as of the date of public announcement of performance, within 30 days from the date on which the public announcement of performance is made (hereinafter referred to as “public notice date of performance”). <Amended on Mar. 23, 2013> |
| Article 72 (Indication of Land) |
| (1) | The competent cadastral authority shall newly determine the parcel number, land category, area, boundary or coordinates by parcel within the area to perform scale changes. |
| (2) | Where the competent cadastral authority intends to make a survey for scale changes, it shall determine a new area, boundary or coordinate under a new scale, on the basis of boundary point markers installed by landowners or occupants under Article 71 (3). |
| (3) | Where the scale is changed under the proviso of Article 83 (3) of the Act, the parcel number, land category and boundary by parcel shall be based on the previous cadastral record, notwithstanding paragraph (1), and only the area by parcel shall be determined anew. |
| (4) | Matters necessary for the procedures for scale changes and the method of determining area prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 73 (Preparation of Protocol by Parcel Number for Scale Change) |
The competent cadastral authority shall, when it has completed the survey for scale changes under Article 72 (2), prepare the protocol by parcel number for scale change indicating the relevant changed matters, by comparing the area on the cadastral record as of the public announcement date of performance with the area after the survey.
| Article 74 (Suspension of Adjustment of Cadastral Record) |
The competent cadastral authority shall, during the period of scale change performance, suspend the adjustment of cadastral record and the survey for boundary restoration within the area to perform scale changes (excluding the survey for boundary restoration for setting the boundary point markers under Article 71 (3)), not later than the final date of public announcement for scale changes under Article 78: Provided, That the same shall not apply when a resolution has been passed by the Scale Change Committee.
| Article 75 (Computation of Liquidation Money) |
| (1) | The competent cadastral authority shall, where there exists an increase or decrease of the area compared with the area prior to the survey as a result of survey for scale changes, perform the liquidation for such an increased or decreased area: Provided, That the same shall not apply where any of the following arises: |
| 1. | Where the increased or decreased area by parcel is within the limit of allowable scope under Article 19 (1) 2 (a): Provided, That it shall be exempted when a resolution has been passed by the Scale Change Committee; |
| 2. | Where all owners have agreed not to make any liquidation, and submit it in writing. |
| (2) | When it is intended to make a liquidation under the main clause of paragraph (1), the amount per square meter by parcel number (hereinafter referred to as “amount per square meter by parcel number”) shall be determined by going through a resolution by the Scale Change Committee. In such cases, the competent cadastral authority shall investigate in advance the amount per square meter by parcel number as regards the land within the area to perform such scale changes as of public announcement date of performance, and submit it to the Scale Change Committee. |
| (3) | The liquidation money shall be computed by multiplying the increased or decreased area by parcel on the protocol by parcel number for scale change, which has been prepared under Article 73, by the amount per square meter by parcel number, which has been determined under paragraph (2). |
| (4) | The competent cadastral authority shall, when it has computed liquidation money, prepare the protocol of liquidation money (referring to the protocol by parcel number wherein entered the details of liquidation money by parcel), and make a public announcement of the purport that the liquidation money has been determined for at least 15 days by means under Article 71 (2), so as to allow the general public to peruse the same. |
| (5) | Where there arises any difference between the total sum of liquidation money for the increased area and the total sum of liquidation money for the decreased area as a result of calculation of liquidation money under paragraph (3), the exceeding amount shall be made as the revenue of the relevant local government (in case of the administration 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, referring to a Special Self-Governing Province to which the relevant administration city belongs and in cases of a Gu which is not an autonomous Gu under Article 3 (3) of the Local Autonomy Act, referring to the city to which the relevant Gu belongs; hereafter the same shall apply in this paragraph), and the insufficient amount shall be borne by such a local government. <Amended on Jan. 22, 2016> |
| Article 76 (Payment Notice of Liquidation Money) |
| (1) | The competent cadastral authority shall make a payment notice or a receipt notice of liquidation money to the landowners within 20 days from the date on which a decision on liquidation money has been publicly announced under Article 75 (4). |
| (2) | Any person in receipt of a payment notice under paragraph (1) shall pay the liquidation money to the competent cadastral authority within six months from the date of receiving such notice. <Amended on Jan. 10, 2017> |
| (3) | The competent cadastral authority shall pay liquidation money to the landowners within six months from the date on which a receipt notice under paragraph (1) is made. |
| (4) | The competent cadastral authority may, when the person to receive liquidation money has been unable to do so by reason of being missing or having refused to receive it, place it on deposit. |
| (5) | The competent cadastral authority may, when the person to pay the liquidation money fails to file an objection against the liquidation money within the period under Article 77 (1), and fails to pay the liquidation money within the period under paragraph (2), collect it in the same manner as delinquent local taxes are collected. |
| Article 77 (Filing Objection against Liquidation Money) |
| (1) | Any person dissatisfied with liquidation money for which a payment notice or receipt notice has been made under Article 76 (1), may file an objection with the competent cadastral authority within one month from the date on which a payment notice or receipt notice was received. |
| (2) | The competent cadastral authority shall, when an objection has been filed under paragraph (1), make a decision on whether it is accepted within one month by going through an examination and resolution by the Scale Change Committee, and thereafter promptly publicly notify the person filing such objection of the relevant details. |
| Article 78 (Final Public Announcement of Scale Changes) |
| (1) | When the payment or disbursement of liquidation money has been completed, the competent cadastral authority shall make without delay a final public announcement of scale changes. |
| (2) | When the competent cadastral authority has made a final public announcement under paragraph (1), it shall, without delay, register the matters finalized by scale changes on the cadastral record. |
| (3) | The land within the area to perform scale changes shall be deemed to have a land alteration on the date of final public announcement under paragraph (1). |
| Article 79 (Composition of Scale Change Committee) |
| (1) | The Scale Change Committee shall be comprised of not less than five but not more than 10 members, but one half or more of members shall be the landowners. In such cases, when the landowners within the relevant area to perform scale changes are less than five, all of them shall be commissioned to the members. |
| (2) | The chairperson shall be nominated by the competent cadastral authority from among the members. |
| (3) | The members shall be commissioned by the competent cadastral authority from among any of the following persons: |
| 1. | Landowners within the relevant area to perform scale changes, who are familiar with the local situations; |
| 2. | Persons who have professional knowledge regarding the cadastre of land. |
| (4) | Attendance allowance, travel expenses and other actual expenses may be paid to the members of the Scale Change Committee within budgetary limits: Provided, That the same shall not apply where the members who are public officials attend at meetings in connection with their competent duties. |
| Article 80 (Functions of Scale Change Committee) |
The Scale Change Committee shall examine and resolve each of the following matters, which are referred by the competent cadastral authority:
| 1. | Matters concerning plans for performing scale changes; |
| 2. | Matters concerning the decision on the amount per square meter by parcel number and the computation of liquidation money; |
| 3. | Matters concerning filing of objection against liquidation money; |
| 4. | Other matters referred by the competent cadastral authority in connection with scale changes. |
| Article 81 (Meetings of Scale Change Committee) |
| (1) | Meetings of the Scale Change Committee shall be convened by the chairperson when the competent cadastral authority refers the matters falling under each subparagraph of Article 80 to the Scale Change Committee, or the chairperson deems it necessary. |
| (2) | Meetings of the Scale Change Committee shall commence deliberation with the presence of a majority of registered members, and make a decision with a concurrent vote of a majority of members present. |
| (3) | The chairperson shall, when he or she convenes meetings of the Scale Change Committee, notify in writing each member of the date, venue and agenda of the meetings by not later than five days prior to the meetings. |
| Article 82 (Revision Ex Officio of Registered Matters) |
| (1) | The cases where the competent cadastral authority may make any inspection and survey ex officio, to confirm whether there exist any errors in the matters registered in the cadastral record under Article 84 (2) of the Act, and then revise them, if any, shall be as follows: <Amended on Jun. 1, 2015; Jan. 10, 2017> |
| 1. | Where any adjustment has been made differently from the details of a written resolution for adjustment of land alterations prescribed in Article 84 (2); |
| 2. | Where any parcel registered in the cadastral map and forestry map falls in error as to only the location of boundaries without any increase or decrease in the area; |
| 3. | Where one parcel is registered in the respectively different cadastral map or forestry map, and where any land has been discovered which is to be revised by matching the boundary registered in the cadastral map or forestry map with the boundary on the ground, since the boundary registered in the cadastral map or forestry map is not mutually connected, while the area registered in the cadastral record and the actual surveyed area are in accord with each other; |
| 4. | Where any erroneous adjustment has been made as at the time of preparing or repreparing the cadastral record; |
| 5. | Where any adjustment has been made differently from the results of cadastral survey; |
| 7. | Where any registered matter in the cadastral record have been erroneously input; |
| 9. | Where any erroneous conversion of area has been made under Article 3 of the Addenda to the amended Cadastral Act (Act No. 2801). |
| (2) | Where any land falling under each subparagraph of paragraph (1) exists, the competent cadastral authority shall, without delay, revise the matters registered in the cadastral record based on the related documents. |
| (3) | Where any error exists in the indication of land, which accompanies any survey such as a boundary or area, from among the matters registered in the cadastral record, the competent cadastral authority may suspend the cadastral survey by not later than when such revision is completed: Provided, That the same shall not apply to cadastral survey for any revision of erroneously indicated matters. |
| Article 83 (Scope and Report of Land Development Projects) |
| (1) | “Other land development project as prescribed by Presidential Decree” in Article 86 (1) of the Act means the following projects: <Amended on Oct. 14, 2010; Mar. 23, 2013; Jan. 17, 2014; Apr. 29, 2014; Dec. 30, 2014; Dec. 28, 2015; Mar. 12, 2019; Jul. 28, 2020> |
| 1. | Housing construction projects under the Housing Act; |
| 13. | Construction projects for National expressways and general national highways under the Road Act; |
| 14. | Other land development projects similar to those of subparagraphs 1 through 13, which satisfies the requirements that are publicly notified by the Minister of Land, Infrastructure and Transport. |
| (2) | Any report on the commencement, alteration or completion of an urban development project, etc. under Article 86 (1) of the Act shall be made within 15 days from the date on which such causes have occurred. |
| (3) | Where the area subject to such application accompanies any land substitution, an application for land alteration under Article 86 (2) of the Act shall be substituted by a report on project completion under Article 86 (1) of the Act. In such cases, the purport that it shall substitute an application for land alteration under Article 86 (2) of the Act shall be entered in the report on project completion. |
| (4) | Where a project operator for housing construction under the Housing Act is unable to apply for any land alteration due to bankruptcy or other reasons, a guarantor for construction works of such housing or a person to occupy the same, etc. may apply for it. |
| Article 84 (Adjustment of Cadastral Record) |
| (1) | Where the cadastral record falls under any of the following cases, the competent cadastral authority shall adjust the cadastral record. In such cases, where it is impossible to adjust the already-prepared cadastral record, it shall prepare it anew: |
| 3. | Where any land has been altered, such as the new registration, registration conversion, partition, annexation, change of land category, etc., under Articles 77 through 86 of the Act. |
| (2) | Where there exists any land alteration under paragraph (1), the competent cadastral authority shall prepare a written resolution of adjusting land alteration, and where it intends to adjust the cadastral record following any change of landowners, a written resolution to adjust the owners, respectively. |
| (3) | Matters necessary for the method of adjusting the cadastral record, a written resolution of adjusting land alteration, and a written resolution to adjust the owners under paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 85 (Notification of Cadastral Adjustment) |
The time when the competent cadastral authority shall notify the landowners of the cadastral adjustment, etc. under Article 90 of the Act, shall be as follows: | 1. | Where the modified registration for definition of land is required: within 15 days from the date on which the relevant notice for completion of registration was accepted; |
| 2. | Where the modified registration for definition of land is not required: within seven days from the date on which a registration was made in the cadastral record. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 86 (Public Notice of Geographical Names) |
The public notice of geographical names under Article 91 (2) of the Act shall contain the following: <Amended on Feb. 9, 2021> | 1. | Geographical names established or changed; |
| 2. | Location (to be indicated by administration area); |
| 3. | Location (to be indicated by latitude and longitude) or scope. |
[Title Amended on Feb. 9, 2021]
| Article 87 (Composition of National Geographical Names Committee) |
| (1) | The National Geographical Names Committee under Article 91 of the Act shall consist of up to 20 members, including one chairperson and one vice chairperson, in consideration of their genders. <Amended on Feb. 9, 2021; Jan. 18, 2022> |
| (2) | The chairperson of the National Geographical Names Committee shall be the Director of the National Geographic Information Institute, and the vice chairperson shall be the head of the division in charge of the duties of geographical names at the National Geographic Information Institute. <Amended on Jan. 18, 2022> |
| (3) | The members of the National Geographical Names Committee, excluding the chairperson and vice chairperson thereof, shall be comprised of eight ex officio members and up to 10 civilian members. <Amended on Jan. 18, 2022> |
| (4) | The ex officio members of the National Geographical Names Committee shall be the following persons: <Newly Inserted on Jan. 18, 2022> |
| 1. | Any person nominated by the Minister of Education from among Grade IV or higher-ranking public officials in charge of the duties of publication of textbooks at the Ministry of Education; |
| 2. | A person designated by the Minister of Foreign Affairs, from among Grade IV or higher-ranking public officials in charge of the territorial affairs at the Ministry of Foreign Affairs; |
| 3. | A person nominated by the Minister of National Defense, from among Grade IV or higher-ranking public officials in charge of affairs regarding geography or geographical names at the Ministry of National Defense; |
| 4. | A person nominated by the Minister of the Interior and Safety, from among Grade IV or higher-ranking public officials in charge of the affairs regarding local autonomy at the Ministry of the Interior and Safety; |
| 5. | A person nominated by the Minister of Culture, Sports and Tourism, from among Grade IV or higher-ranking public officials in charge of the affairs regarding the management of cultural heritage or Korean language policies at the Ministry of Culture, Sports and Tourism; |
| 6. | A person nominated by the Minister of Land, Infrastructure and Transport, from among Grade IV or higher-ranking public officials in charge of survey and cadastre at the Ministry of Land, Infrastructure and Transport; |
| 7. | A person nominated by the Minister of Oceans and Fisheries, from among Grade IV or higher-ranking public officials in charge of duties regarding maritime geographical names at the Ministry of Oceans and Fisheries; |
| 8. | A person nominated by the Chairperson of the National Institute of Korean History, from among researchers in charge of the collection and compilation of historical materials at the National Institute of Korean History. |
| (5) | Civilian members of the National Geographical Names Committee shall be commissioned by the Minister of Land, Infrastructure and Transport, from among the following persons who have extensive knowledge of and experience in geographical names: <Newly Inserted on Jan. 18, 2022> |
| 1. | A person who has worked in the area related to geographical names, such as geography, oceanography, and Korean literature, for at least five years and who is an associate professor or higher at a school provided in Article 2 of the Higher Education Act; |
| 2. | A researcher who has worked for any research institute related to geographical name, such as geography, history, and Korean literature for at least five years; |
| 3. | A person who is recommended by a non-profit organization provided in the Assistance for Non-Profit, Non-Governmental Organizations Act and whose research performance or experience in the area related to geographical names, such as geography, history, and Korean literature, is deemed to satisfy the standards referred to in subparagraphs 1 and 2. |
| (6) | Where a member prescribed in the subparagraphs of paragraph (4) is unable to attend a meeting for any unavoidable cause, a public official designated by the member may attend the meeting on his or her behalf and perform the member's duties. <Newly Inserted on Jan. 18, 2022> |
| (7) | Each civilian member referred to in paragraph (5) shall hold office for a term of three years, and the term of office of a supplementary member shall be the remainder of his or her predecessor's term of office. <Amended on Jan. 18, 2022> |
| (8) | Where it is necessary to facilitate the operation of the National Geographical Names Committee, the chairperson may set up and operate a subcommittee. <Amended on Jan. 18, 2022> |
| Article 87-2 (Dismissal of Members) |
Where a member referred to in Article 87 (5) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss such member: <Amended on Feb. 9, 2021; Jan. 18, 2022> | 1. | Where a member is incapable of fulfilling his or her duties due to physical or mental disability; |
| 2. | Where a member has committed misdeeds related to his or her duties; |
| 3. | Where a member is deemed unfit and unqualified to be a member due to negligence in duties, injury to his or her dignity, or any other grounds; |
| 4. | Where a member shows his or her will not to continue his or her duties as a member. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 88 (Composition of Local Geographical Names Committee) |
| (1) | The City/Do Geographical Names Committee under Article 91 (1) of the Act shall be composed of not more than 10 members, including one Chairperson and one Vice Chairperson and the Si/Gun/Gu Geographical Names Committee shall be composed of not more than seven members, including one chairperson and one vice chairperson. |
| (2) | The Chairperson of the City/Do Geographical Names Committee shall be the Vice Governor (referring to the Vice Governor in cases of the Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City) responsible for affairs related to geographical names and its members shall be appointed or commissioned by the Mayor/Do Governor from among the relevant public officials and those who have abundant knowledge and experience in geographical names. <Amended on Jun. 11, 2013; Jun. 9, 2020> |
| (3) | The Chairperson of the Si/Gun/Gu Geographical Names Committee shall be served by the head of a Si/Gun/Gu and its members shall be appointed or commissioned by the head of a Si/Gun/Gu from among the relevant public officials and those who have abundant knowledge and experience of geographical names. |
| (4) | The number of members who are not public officials shall be five or more in the City/Do Geographical Names Committee and three or more in the Si/Gun/Gu Geographical Names Committee. |
| (5) | Where a member of the City/Do Geographical Names Committee or the Si/Gun/Gu Geographical Names Committee falls under any of the subparagraphs of Article 87-2, the member of the City/Do Geographical Names Committee may be disqualified or dismissed by the Mayor/Do Governor, and the member of the Si/Gun/Gu Geographical Names Committee by the head of a Si/Gun/Gu, respectively. <Newly Inserted on Dec. 31, 2015> |
| Article 89 (Chairperson' Duties) |
| (1) | The chairperson of the National Geographical Names Committee, the City/Do Geographical Names Committee and the Si/Gun/Gu Geographical Names Committee (hereinafter referred to as “geographical names committee”) shall represent the relevant geographical names committee and take control over its affairs. |
| (2) | The vice chairperson shall assist the chairperson, and shall act as chairperson on his or her behalf when the chairperson is unable to perform his or her duties due to extraordinary circumstances. |
| (3) | Where the chairperson and the vice chairperson are unable to perform their duties due to extraordinary circumstances, the member designated by the chairperson in advance shall perform their duties. |
| (1) | The chairperson shall convene meetings of the geographical names committee and preside over the meetings. |
| (2) | The resolution of a meeting of the geographical names committee shall require the attendance of a majority of all incumbent members and the consent of a majority of those present. |
| Article 91 (Executive Secretary) |
| (1) | The National Geographical Names Committee shall have one executive secretary and the City/Do Geographical Names Committee and the Si/Gun/Gu Geographical Names Committee shall each have one executive secretary to handle the administrative affairs of the geographical names committee. <Amended on Feb. 9, 2021> |
| (2) | The executive secretary of the National Geographical Names Committee shall be appointed by the chairperson from among public officials in charge of the duties of geographical names at the National Geographic Information Institute, and the executive secretaries of the City/Do Geographical Names Committee and the Si/Gun/Gu Geographical Names Committee shall be appointed by the chairperson from among the public officials who belong to the relevant City/Do or Si/Gun or autonomous Gu. <Amended on Feb. 9, 2021; Jan. 18, 2022> |
| (1) | Allowances and travel expenses may be paid to the members who are present at the National Geographical Names Committee or experts who are present pursuant to Article 93 within budgetary limits: Provided, That this shall not apply where the members who are public officials attend meetings in direct relation to their competent duties. |
| (2) | Allowances and travel expenses may be paid to the members of the City/Do Geographical Names Committee and the Si/Gun/Gu Geographical Names Committee within budget limits, as prescribed by ordinance of the relevant City/Do or the Si/Gun or autonomous Gu. |
| Article 93 (Site Inspection) |
Where it is necessary to establish and change the geographical names or deliberate or decide upon other important matters, the chairperson of the geographical names committee may request the head of the relevant authority or local government to submit data or information, conduct a site investigation or listen to the opinions by having the relevant public officials or experts present at the meeting. <Amended on Feb. 9, 2021>
| Article 94 (Minutes of Meetings) |
The executive secretary shall prepare and keep minutes of meetings.
The report prescribed in Article 91 (3) of the Act shall be made within 15 days from the date when the deliberation or decision is made, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 9, 2021>
| Article 96 (Detailed Operating Rules) |
Matters other than those prescribed by this Decree concerning the operation of the geographical names committee shall be determined by the chairperson, following the resolution of the geographical names committee.
| Article 97 (Matters Subject to Performance Testing and Cycle) |
| (1) | Survey equipment and devices subject to performance testing under Article 92 (1) of the Act and the testing cycle shall be as follows: <Amended on Dec. 29, 2020; Jan. 5, 2021> |
| 1. | Transit (theodolite): Three years; |
| 3. | Distance estimator: Three years; |
| 4. | Total station (instrument for measuring both angles and distances): Three years; |
| 5. | GPS receiver: Three years; |
| 6. | Metal pipe detector: Three years. |
| (2) | A performance testing (excluding a new performance testing) prescribed in Article 92 (1) of the Act shall be conducted during the period from one month before the expiration date of the effective period of a performance testing under paragraph (1) to one month after such expiration date. <Amended on Jun. 1, 2015; Jan. 18, 2022> |
| (3) | The effective period of a performance testing under Article 92 (1) of the Act shall be counted from the date immediately after the expiration date of the immediately preceding effective period: Provided, That in case of conducting a performance testing during any effective period other than the effective period under paragraph (2), the effective period of the performance testing shall be counted from the date immediately after the date of the performance testing. <Newly Inserted on Jun. 1, 2015> |
| Article 98 (Standards for Registration of Performance Testing Agent) |
Standards for registration of performance testing agent under Article 93 (1) of the Act shall be listed in attached Table 11.
| Article 99 (Temporary Failure to Meet Registration Standards) |
"Where he or she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree” in the proviso of Article 96 (1) 2 of the Act means where the period during which the registration standards are not met is within 90 days due to the death, unknown whereabouts, or retirement of a person falling under technical personnel under attached Table 11. <Amended on Jun. 25, 2012; Jan. 17, 2014>
| Article 100 (Policies for Development of System) |
The Minister of Land, Infrastructure and Transport shall promote the following policies under Article 97 (1) of the Act: <Amended on Mar. 23, 2013; Feb. 9, 2021> | 1. | Informatization and standardization of numerical reliefs and cadastre of land; |
| 2. | Development, testing or correction of precise survey equipment and devices and investigation equipment; |
| 3. | Development and automation of map production technology; |
| 4. | Introduction and utilization of space geodesy technology; |
| 5. | Deleted; <Feb. 9, 2021> |
| 6. | Other necessary matters concerning the survey and development of cadastral system determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 101 (Research Institute) |
“Related specialized institution determined by Presidential Decree” in Article 97 (2) of the Act means any of the following institutions: <Amended on Jan. 17, 2014; Jun. 1, 2015; Jun. 9, 2020> | 4. | Deleted; <Feb. 9, 2021> |
| 5. | The Korea Land and Geospatial InformatiX Corporation; |
| 6. | Spatial Information Industry Promotion Agency. |
| Article 102 (Compensation for Loss) |
| (1) | The compensation for loss under Article 102 (1) of the Act shall be the appropriate amount considering the rent, transaction price, profitability, etc. of land, buildings, trees and other structures. |
| (2) | Any person who intends to apply for an adjudication under Article 102 (3) of the Act shall submit an application for adjudication, indicating each of the following matters, to the competent Land Expropriation Committee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013> |
| 1. | Name and address of the applicant for adjudication and the other party; |
| 3. | Facts of occurrence of loss; |
| 4. | Amount of loss to be compensated and its details; |
| 5. | Contents of consultation. |
| (3) | A person who objects to the adjudication under paragraph (2) may apply for the objection to the central Land Expropriation Committee within 30 days from the day when he or she is served an original copy of the adjudication. In such cases, such application for objection shall go through the competent regional Land Expropriation Committee. |
| Article 103 (Delegation of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall delegate each of the following his or her authority to the President of the National Geographic Information Institute pursuant to Article 105 (1) of the Act: <Amended on Mar. 23, 2013; Dec. 3, 2014; Jun. 1, 2015; Jan. 10, 2017; Jun. 9, 2020; Feb. 9, 2021; Apr. 6, 2021; Jan. 18, 2022; May 31, 2022> |
| 5. | Receipt of the notice on the type and place of setting markers of the national control point under Article 8 (2) of the Act; |
| 15. | Receipt of applications for reproduction or issuance of copies of the results or the records of fundamental survey or the issuance thereof under Article 14 (2) of the Act; |
| 25. | Receipt of the application for reproduction or issuance of the copies of the results or the records of public survey and the issuance thereof under Article 19 (2) of the Act; |
| 30. | Issuance of surveying business registration certificates and surveying business registration pocketbooks under Article 44 (3) of the Act; |
| 33. | Receipt of reports on the suspension or discontinuation of the surveying business under Article 48 of the Act; |
| 35. | Calculation of consideration of fundamental surveys and public surveys under Article 55 (2) of the Act and the consultation with the Minister of Economy and Finance; |
| 37-2. | Inspections of performance testings of survey instruments conducted by the Korea Land Information Corporation and corrective orders under Article 92 (5) of the Act; |
| 39. | Receipt of the notification of revocation of the registration of the performance testing agent under Article 96 (2) of the Act; |
| 40. | Promotion of policies for the development of the survey system and cooperative activities among the international organizations and countries under Article 97 of the Act; |
| 42. | Receipt of reports on surveying business operators (excluding cadastral surveying business operators) and investigation thereof under Article 99 of the Act; |
| 43. | Hearings held to revoke the registration of surveying business operators (excluding cadastral surveying business operators) under Article 100 of the Act; |
| 44. | Expropriation or use of land, buildings, trees, or other structures for the performance of fundamental survey under Article 103 (1) of the Act; |
| 47. | Designation and public notice of the public survey under Article 3; |
| 48. | Designation and public notice of the numerical subject map under Article 4 and subparagraph 22 of attached Table 1; |
| 49. | Designation and public notice of the region in which the special case of the datum is applied under subparagraph 4 of Article 6; |
| 50. | Request for performance of site investigation or re-investigation under Article 11 (3); |
| 51. | Receipt of the application due to designation of an organization that verifies fundamental survey results, designation and public announcement under Article 14; |
| 52. | Public notice of facility under subparagraph 5 of Article 16; |
| 52-2. | Establishment and operation of the consultative body under Article 16-2; |
| 53. | Joint production of numerical relief maps with the public surveyor under Article 17 (1) 1; |
| 54. | Receipt of the notification on the scale, sales price, etc. of the map under Article 17 (3); |
| 55. | Public announcement of the registration of surveying business under Article 35 (6); |
| 56. | Re-issuance of the surveying business registration certificate or the surveying business registration pocketbook under Article 38; |
| 57. | Public notice of consideration of survey under Article 48 (3); |
| 58. | Guidance and supervision of an entrusted organization for examination of survey results designated under Article 104 (1); |
| 59. | Receipt of application due to designation of the entrusted organization for examination of survey results, designation and public announcement under Article 104 (1) through (4); |
| 60. | Receipt of the report on the result of examination under Article 104 (6) and the provision of data under Article 104 (7). |
| (2) | The Minister of Land, Infrastructure and Transport shall delegate the authority to make inspections of performance testings of survey instruments conducted by performance testing agents and to take corrective orders under Article 92 (5) of the Act, to the Mayor/Do Governor pursuant to Article 105 (1) of the Act. <Newly Inserted on Apr. 6, 2021> |
| Article 104 (Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall entrust the following his or her authority to the Korea Land Geospatial Informatix Corporation, the Spatial Data Industry Association, or an organization satisfying human resources and equipment and devices requirements referred to in attached Table 12 that is designated from among the non-profit corporations established by obtaining the approval of the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act (hereinafter referred to as “entrusted organization for examination of survey results”) pursuant to Article 105 (2) of the Act: <Amended on Mar. 23, 2013; Jan. 17, 2014; Jun. 1, 2015; Jan. 18, 2022; Dec. 9, 2022> |
| (2) | Any person who intends to be designated as entrusted organization for examination of survey results under paragraph (1) shall apply for such designation to the Minister of Land, Infrastructure and Transport, accompanied by the documents determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Upon receipt of an application under paragraph (2), the Minister of Land, Infrastructure and Transport shall comprehensively examine the current status of possession of survey-related human resources and equipment and devices of the applicant and designate the applicant satisfying the requirements as the entrusted organization for examination of survey results. <Amended on Mar. 23, 2013> |
| (4) | Upon designating the entrusted organization for examination of survey results under paragraph (3), the Minister of Land, Infrastructure and Transport shall, shall notify the applicant in writing and make, without delay, a public announcement thereof. <Amended on Mar. 23, 2013> |
| (5) | Necessary matters in detail concerning the procedures for designating the entrusted organization for examination of survey results shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (6) | The head of the entrusted organization for examination of survey results who is entrusted with the authority of examination under paragraph (1) shall, upon completion of the examination, report the results to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (7) | Upon receipt of the request from the entrusted organization for examination of survey results, the Minister of Land, Infrastructure and Transport may, provide the entrusted organization for examination of survey results with necessary data for examination under paragraph (1). <Amended on Mar. 23, 2013> |
| (8) | The Minister of Land, Infrastructure and Transport shall entrust each of the following matters to the Spatial Data Industry Association pursuant to Article 105 (2) of the Act: <Amended on Jun. 1, 2015> |
| 1. | Establishment and operation of the comprehensive surveying business information management system under Article 10-2 of the Act; |
| 2. | Public notification of the capabilities to perform survey service business of any surveying business operator under Article 10-3 of the Act, and receipt and content confirmation of performance records, etc. thereof under the same Article; |
| 3. | Receipt of a report of a survey technician, the maintenance and management of records, the issuance of career certificates for surveying technique, the request for submission of related materials to confirm the content of a report, the receipt of submitted materials, and the confirmation of the place of work, career, etc. of a survey technician under Article 40 of the Act. |
| (9) | Deleted. <Feb. 9, 2021> |
| (10) | Deleted. <Feb. 9, 2021> |
| (11) | The Mayor/Do Governor and the competent cadastral authority shall entrust affairs for managing survey control points (limited to cadastral control points) under Article 8 (1) of the Act to the Korea Land and Geospatial InformatiX Corporation pursuant to Article 105 (2) of the Act. <Newly Inserted on Jun. 1, 2015> |
| Article 104-2 (Management of Personally Identifiable Information) |
Where it is inevitable for conducting any of the following affairs, the Minister of Land, Infrastructure and Transport (including those persons to whom the relevant authority of the Minister of Land, Infrastructure and Transport is delegated or entrusted pursuant to Article 105 of the Act), the Mayor/Do Governor, the mayor of a large city, the competent cadastral authority, or the Korea Land Geospatial Matrix may manage the data that contain resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Mar. 23, 2013; Aug. 6, 2014; Jun. 1, 2015; Jan. 10, 2017; Mar. 27, 2017; Dec. 29, 2020; Feb. 9, 2021> | 1. | Affairs concerning the comprehensive management of surveying business information under Article 10-2 of the Act; |
| 1-2. | Affairs concerning the assessment and public notification of capabilities to perform survey service business under Article 10-3 of the Act; |
| 1-3. | Affairs concerning the publication of a map, etc. by using results, etc. of fundamental surveys under Article 15 of the Act; |
| 5. | Affairs concerning succession to the status of a surveying business operator under Article 46 of the Act; |
| 6. | Affairs concerning the reporting of the suspension or closure, etc. of surveying business under Article 48 of the Act; |
| 7. | Affairs concerning the revocation, etc. of registration of surveying business under Article 52 of the Act; |
| 14. | Affairs concerning application for cancellation of registration of land engulfed by sea under Article 82 of the Act; |
| 17. | Affairs concerning application for changes, etc. of titles of administrative areas under Article 88 of the Act; |
| 19. | Affairs concerning revocation, etc. of registration of a performance testing agent under Article 96 of the Act. |
[This Article Newly Inserted on Jan. 16, 2013]
| Article 104-3 (Re-Examination of Regulation) |
| (1) | The Minister of Land, Infrastructure and Transport shall examine the validity of the liability for indemnifying against damages under Article 41 every three years, counting from January 1, 2014 (referring to the period that ends on the day before January 1 of the every third year) and shall take necessary measures, such as making improvements. <Amended on Mar. 3, 2020> |
| (2) | Deleted. <Feb. 9, 2021> |
[This Article Newly Inserted on Dec. 30, 2013]
CHAPTER V PENALTY PROVISIONS
| Article 105 (Criteria for Imposing Administrative Fines) |
ADDENDUM <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 54 (2) shall enter into force on July 1, 2011. Article 2 (Repeal of Other Statutes and Regulations)
The following statutes and regulations are hereby repealed:
Article 3 (Transitional Measures concerning Qualifications of Survey Technicians)
Any person who has been recognized to be at the technical level of survey technician by reporting to the Minister of Land, Transport and Maritime Affairs the necessary matters concerning the management of career, education, qualification, etc. under the previous Enforcement Decree of Surveying Business before this Decree enters into force shall be deemed to be at the technical level of survey technician under attached Table 5.
Article 4 (Transitional Measures concerning Cadastral Surveying Business)
Any person who has registered the cadastral surveying business under the previous Enforcement Decree of the Cadastral Act as at the time this Decree enters into force shall satisfy technological capability of cadastral surveying business under attached Table 8 by December 31, 2010. Article 5 (Transitional Measures concerning Designation of Entrusted Organization for Examination of Survey Results)
The survey association designated as the entrusted organization for examination of survey results under the previous Enforcement Decree of the Land Survey Act as at the time this Decree enters into force shall be deemed to have been designated as the entrusted organization for examination of survey results under Article 104 (3). Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
Where the previous Enforcement Decree of the Land Survey Act, the Enforcement Decree of the Cadastral Act, the Enforcement Decree of Waterway Service Act or their provisions are cited in other statutes or regulations as at the time this Decree enters into force, this Decree or the corresponding provisions in this Decree shall, if any, be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2010.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Computation of Floor Area Ratio According to Amendment of the Enforcement Decree of the Building Act) Article 4 (Transitional Measures concerning Penalty Surcharges or Administrative Fines)
| (1) | When standards for the imposition of penalty surcharges or administrative fines apply to offenses committed before this Decree enters into force, the previous provisions shall apply thereto. |
| (2) | The disposition of imposition of penalty surcharges or administrative fines for offenses committed before this Decree enters into force shall not be included in the computation of the number of offenses under the amended provisions of this Decree. |
ADDENDUM <Presidential Decree No. 23332, Nov. 30, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23874, Jun. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Change of Registered Matters)
The amended provisions of Article 37 (1) 3 shall apply from the first change of registered matters after this Decree enters into force. Article 3 (Applicability to Temporary Nonconformance to Standards for Registration)
The amended provisions of the main sentence of Article 44 and the main sentence of Article 99 shall apply from the first nonconformance to standards for registration after this Decree enters into force.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <<Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24596, Jun. 11, 2013>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 103 (2) 15 and 16 shall enter into force on June 19, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25104, Jan. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2014: Provided, That the amended provisions of Article 62-2 shall enter into force on July 1, 2015. Article 2 (Applicability to Public Notice of Fundamental Survey Results Where It Is Necessary to Calculate Them by Connecting Results of Other National Control Points)
The amended provisions of the proviso to Article 13 (1) shall also apply where it is necessary to calculate the last results obtained before this Decree enters into force by connecting other results of national control points. Article 3 (Applicability to Report, etc. of Land Development Projects)
The amended provisions of Article 83 (1) shall apply beginning with the construction project commenced after this Decree enters into force. Article 4 (Transitional Measures concerning Requests, etc. for Examination or Re-Examination as to Whether Cadastral Survey Is Proper)
Notwithstanding the amended provisions of Articles 24 (1) and 26 (1), a request for an examination as to the properness of any cadastral survey under the previous provisions of Article 24 (1) or a request for an reexamination under the previous provisions of Article 26 (1) before this Decree enters into force shall be governed by the previous provisions thereof. Article 5 (Transitional Measures concerning Documents to Be Submitted in Registering Surveying Business)
Notwithstanding the amended provisions of Article 35 (2), applications for registration of surveying business that have been filed before this Decree enters into force shall be governed by the previous provisions thereof. Article 6 (Transitional Measures concerning Purchase of Guarantee Insurance for Liability for Damage Compensation)
Notwithstanding the amended provisions of Article 41 (1), in case of purchasing a guarantee insurance for the liability for damage compensation pursuant to the previous provisions thereof, the previous provisions shall apply until the guarantee period of such insurance expires Article 7 (Transitional Measures concerning Equipment of Surveying Business)
A person who has completed the registration of surveying business in conformity with the registration standards under the previous attached Table 8 shall be deemed to have met registration standards under the amended provisions of attached Table 8.
Article 8 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25359, May. 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Article 2 (Transitional Measures concerning Grades of Survey Technicians)
Where, as a result of calculating a grade pursuant to the amended provisions of subparagraph 1 of Attached Table 5, a construction technician who made a report of a survey technician before this Decree enters into force comes to belong to a lower grade than that under the previous provisions thereof, he/she shall be deemed to hold the grade under the previous provisions
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25621, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the parts amending the Presidential Decrees which was promulgated before this Decree enters into force, but the enforcement dates of which have not arrived yet, among Presidential Decrees which are amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Presidential Decrees, respectively. Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25811, Dec. 3, 2014>
This Decree shall enter into force on December 4, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25942, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27781, Jan. 10, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 41, 42, and 43 (1) and (2) shall enter into force on March 23, 2017. Article 2 (Applicability to Payment Deadline of Liquidation Money)
The amended provisions of Article 76 (2) shall also apply to cases where a payment notice of liquidation money is provided under paragraph (1) of the same Article before this Decree enters into force: Provided, That where three months elapse after the date on which the landowner has received such notice as at the time this Decree enters into force, it shall not apply.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27970, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of other Presidential Decree, which is promulgated before this Decree enters into force, but of which the enforcement date does not arrive among Presidential Decrees to be amended under Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28832, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018: Provided, That the amended provisions of Article 87 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29360, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2018. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30775, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jun. 11, 2020.
Article 2 (Transitional Measures concerning Land Category Change)
The competent cadastral authority shall examine and survey land whose category requires changes under the amended provisions of Article 58 out of land whose category is registered under the previous provisions as at the time this Decree enters into force, change its land category into another, register it on the cadastral record, and entrust said registration to the competent registry office under Article 89 of the Act within three years from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 30799, Jun. 23, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 30877, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 31212, Dec. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 4, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31327, Dec. 29, 2020>
This Decree shall enter into force on January 1, 2021: Provided, That the following amended provisions shall enter into force on the dates specified as follows:
| 1. | The amended provisions of Article 97 (1) 6 and subparagraph 1 in the "Equipment" column for survey business of underground facilities of attached Table 8: July 1, 2022; |
| 2. | The amended provisions of attached Tables 11 and 12: June 1, 2022; |
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31438, Feb. 9, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 19, 2021.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 31607, Apr. 6, 2021>
This Decree shall enter into force on April 8, 2021.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32346, Jan. 18, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2022: Provided, That the following amended provisions shall enter into force on the dates specified as follows:
| 1. | The amended provisions of Article 16 (1) 5 and 6, paragraph (2) 5 of that Article, and Article 97 (2) : The promulgation date; |
| 2. | The amended provisions of Article 66 (3) 5 and 7: The date on which six months elapse after the date of its promulgation; |
| 3. | The amended provisions of Articles 87, 87-2, and 91 (2): January 28, 2022. |
Article 2 (Applicability to Period of Performance Test for Survey Instruments Whose Effective Period is Scheduled to Expire)
The amended provisions of Article 97 (2) shall also apply to survey instruments for which one month has not elapsed from the date the effective period of a performance test under Article 97 (1) expires as of the enforcement date referred to in subparagraph 1 of Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 32660, May 31, 2022>
This Decree shall enter into force on August 11, 2022: Provided, That the amended provisions of attached Tables 4 and 11 shall enter into force on June 1, 2022.
ADDENDA <Presidential Decree No. 32697, Jun. 14, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 16, 2022.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 32868, Aug. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33047, Dec. 9, 2022>
This Decree shall enter into force on December 11, 2022.