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ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.21447 | 20260701 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.21065 | 20251001 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.20388 | 20240920 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.20341 | 20250221 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.18936 | 20230611 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.18384 | 20220811 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.18310 | 20220721 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.17893 | 20220113 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.17453 | 20200609 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.17224 | 20210408 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.17063 | 20210219 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.17007 | 20210101 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.16912 | 20200805 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.16812 | 20200611 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.16807 | 20200311 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.15719 | 20181213 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.15596 | 20181018 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.14936 | 20171024 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.14839 | 20170726 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.13796 | 20160901 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.13673 | 20151229 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.13426 | 20160125 |
| ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.12738 | 20141204 |
| ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.11062 | 20120317 |
| ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.10580 | 20111013 |
| ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.10485 | 20110401 |
| ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.9774 | 20091210 |
CHAPTER I GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Act is to contribute to the efficient management of national land and the protection of ownership of citizens, by prescribing matters concerning the standards and procedures for surveying as well as the preparation, management, etc. of cadastral records and comprehensive real estate records. <Amended on Jul. 17, 2013; Feb. 18, 2020>
| Article 2 (Definitions) |
The terms used in this Act are defined as follows: <Amended on Dec. 18, 2012; Mar. 23, 2013; Jul. 17, 2013; Jul. 24, 2015; Feb. 18, 2020; Jun. 10, 2022>
| 1. | The term "spatial data" means the spatial data defined in subparagraph 1 of Article 2 of the Framework Act on National Spatial Data Infrastructure; |
| 1-2. | The term "surveying" means indication, by drawing and in numbers, of the results of a measurement of the position of points located in space, and an investigation of its characteristics, or the reproduction of the said location indicated by drawing of the actual locale concerned, including taking photographs for the purpose of survey, map making, and preparing drawings requested in various construction business; |
| 2. | The term "fundamental survey" means a survey conducted by the Minister of Land, Infrastructure and Transport in order to provide spatial information that serves as the basis for all kinds of surveys; |
| 3. | The term "public survey" means a survey as follows: |
| a. | Surveys, which are executed by the State, a local government, and other institutions prescribed by Presidential Decree based on the fundamental survey, to implement other projects, etc. under relevant Acts and subordinate statutes; |
| b. | Surveys prescribed by Presidential Decree, which is closely related to the public interest or safety, of the surveys executed by others than those referred to in item a; |
| 4. | The term "cadastral survey" means a survey to determine the boundaries or coordinates and area of a parcel of land as defined in subparagraph 21 in order to register land on the cadastral record or to restore the boundary points registered in the cadastral record on the ground, which includes a cadastral confirmation survey and cadastral resurvey; |
| 4-2. | The term "cadastral confirmation survey" means a cadastral survey to newly define the boundaries of land after a project under Article 86(1) is completed; |
| 4-3. | The term "cadastral resurvey" means a cadastral survey to newly define the boundaries of land subsequent to a cadastral resurvey project under the Special Act on Cadastral Resurvey; |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | The term "general survey" means surveys other than a fundamental survey, public survey, and cadastral survey; |
| 7. | The term "survey datum point" means a point used as a standard for conducting a survey by measuring a specific point pursuant to the standards of survey under Article 6 and indicating it with coordinates, etc. in order to ensure the accuracy of the survey and increase its efficiency; |
| 8. | The term "survey result" means the final result obtained from the relevant survey; |
| 9. | The term "survey record" means a record of surveying work executed until the survey result has been obtained; |
| 9-2. | The term "geographical name" means a name given to any naturally formed topography such as a mountain, river, or lake, to a feature including a bridge, tunnel, or intersection, or to an area; |
| 10. | The term "map" means a document that indicates a position in space, and various spatial information such as topography, geographical names, etc., by the symbols or letters, etc., according to a certain scale, including numerical relief maps produced so as to be analyzed, edited, input and output by using information processing systems (including the ortho-image maps produced by utilizing the image information acquired from the aircraft or satellites), and numerical subject maps prescribed by Presidential Decree, such as an underground facility map or a land utilization status map produced in regard to a specific subject by utilizing the numerical relief map; |
| 11. | Deleted; <Feb. 18, 2020> |
| 12. | Deleted; <Feb. 18, 2020> |
| 12-2. | Deleted; <Feb. 18, 2020> |
| 12-3. | Deleted; <Feb. 18, 2020> |
| 13. | Deleted; <Feb. 18, 2020> |
| 14. | Deleted; <Feb. 18, 2020> |
| 15. | Deleted; <Feb. 18, 2020> |
| 16. | Deleted; <Feb. 18, 2020> |
| 17. | Deleted; <Feb. 18, 2020> |
| 18. | The term "competent cadastral authority" means the Special Self-Governing City Mayor and the head of a Si (including the head of an administrative city under Article 10(2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, but excluding the head of a Si where a Gu that is not an autonomous Gu is established under Article 3(3) of the Local Autonomy Act) or the head of a Gun, or the head of a Gu (including the head of a Gu which is not an autonomous Gu), who administers cadastral records; |
| 19. | The term "cadastral record" means ledgers and drawings (including those recorded or stored in an information processing system) on which the definition of land surveyed through a cadastral survey, etc. and owners, etc. of the land concerned are recorded, such as a site parcels-register, a forest area parcels-register, a joint signature book of common land, a site ownership register, a cadastral map, a forestry map, and a boundary point coordinate register; |
| 19-2. | The term "serial cadastral map" means a map drawn by connecting the boundary points in drawings using computerized files of cadastral maps or forestry maps without conducting any cadastral survey, which cannot be used for a survey; |
| 19-3. | The term "comprehensive real estate record" means the comprehensive information on real estate recorded and stored in an information management system, which includes the definition and owners of the land, definition and owners of the buildings, uses of and regulations on the land, and the price of the real estate; |
| 20. | The term "definition of land" means details registered in the cadastral record, such as the location, parcel number, land category, area, boundary, or land coordinate; |
| 21. | The term "parcel" means a unit for the registration of land, which is partitioned as prescribed by Presidential Decree; |
| 22. | The term "parcel number" means a number allocated to a parcel, and is registered in the cadastral record; |
| 23. | The term "parcel numbering region" means a unit region whereto a parcel number is allocated such as Dong, Ri or its equivalent area; |
| 24. | The term "land category" means a type of land that is classified according to its primary use, and registered in the cadastral record; |
| 25. | The term "boundary point" means the indented point of lines partitioning the parcels to be registered in the cadastral map or the forestry map by drawing, or to be registered in the boundary point coordinate register; |
| 26. | The term "boundary" means a line registered in the cadastral records, which links by parcel in a beeline between boundary points; |
| 27. | The term "area" means a horizontal area of parcel registered in the cadastral record; |
| 28. | The term "land alteration" means a new naming, alteration or cancellation of the definition of land; |
| 29. | The term "new registration" means a registration in the cadastral record of a newly created land, and of that whose registration is omitted; |
| 30. | The term "registration conversion" means a transferred registration of land from a parcels-register for forest area and a forestry map to a parcels-register for site and the cadastral map; |
| 31. | The term "partition" means a registration by dividing one parcel, which is registered in the cadastral record, into two or more parcels; |
| 32. | The term "annexation" means a registration by gathering up two or more parcels, which are registered in the cadastral record, into one parcel; |
| 33. | The term "land category change" means a registration that changes a land category into another one, which is registered in the cadastral record; |
| 34. | The term "scale change" means a registration by changing a smaller scale into a larger one, in order to enhance the accuracy of a boundary point which is registered in a cadastral map. |
| Article 3 (Relationship to other statutes) |
Except as otherwise provided in other statutes, this Act shall apply to surveys, the preparation and management of cadastral records and comprehensive real estate records, and determination of geographical names. <Amended on Jul. 17, 2013; Feb. 18, 2020; Jun. 10, 2022>
| Article 4 (Scope of application) |
This Act shall not apply to any of the following surveys or a survey publicly notified by the Minister of Land, Infrastructure and Transport or a waterway survey under subparagraph 3 of Article 2 of the Act on Utilization of Maritime Survey and Maritime Information: <Amended on Mar. 23, 2013; Feb. 18, 2020>
| 1. | Regional surveys (excluding cadastral surveys); |
| 2. | Surveys that do not require high-level precision; |
| 3. | Surveys only for academic research or military activity; |
| 4. | Deleted; <Feb. 18, 2020> |
CHAPTER II SURVEYING
SECTION 1 Common Provisions
| Article 5 (Master plans for surveys and execution plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish a master plan for surveys including the following matters every five years: <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Basic concept and strategy for advancement of surveys; |
| 2. | Analysis of domestic and international environment for surveys and technical research; |
| 3. | Plan for advancement of survey industry and technical human resources; |
| 4. | Other necessary matters for the development of surveys. |
| (2) | The Minister of Land, Infrastructure and Transport shall establish and implement an annual action plan according to each master plan for surveys under paragraph (1) and shall evaluate its implementation results. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to establish a master plan for surveys under paragraph (1) and an annual action plan under paragraph (2), he or she shall reflect the results of the evaluation under paragraph (2) in the plan. <Added on Dec. 10, 2019> |
| (4) | Details regarding criteria, methods, and procedures for evaluating annual implementation results under paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 10, 2019> |
| Article 6 (Standards of surveys) |
| (1) | Surveys shall be conducted in accordance with the following standards: <Amended on Mar. 23, 2013> |
| 1. | The location shall be indicated by the geographical latitude and longitude, and elevation (referring to the elevation from the mean sea level; hereinafter the same shall apply in this paragraph) which are surveyed by world geodetic reference system; provided, if deemed necessary for producing maps, it may be indicated by the rectangular coordinate and the elevation, the polar coordinate and the elevation, geocentric orthogonal coordinate or other coordinates; |
| 2. | The datum of the survey shall be the starting datum of the latitude and longitude of the Republic of Korea and the standard datum for levelling of the Republic of Korea; provided, the regions determined by Presidential Decree, such as islands, may use the datum separately determined and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Deleted; <Feb. 18, 2020> |
| (2) | Deleted. <Feb. 18, 2020> |
| (3) | Matters necessary for a determination, etc. of the world geodetic reference system, and the value of datum of surveys and standard for rectangular coordinates under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 7 (Survey datum point) |
| (1) | The survey datum point shall be classified as follows: <Amended on Dec. 18, 2012; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | National control point: Survey datum point that is the basis of the survey in each main point of the entire national land determined by the Minister of Land, Infrastructure and Transport in order to secure the accuracy of the survey and increase its efficiency; |
| 2. | Public control point: Survey datum point separately determined by the public surveyor under Article 17(2) based on the national control point in order to conduct an accurate and efficient public survey; |
| 3. | Cadastral control point: Survey datum point that is separately determined by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the competent cadastral authority based on the national control point in order to conduct an accurate and efficient cadastral survey. |
| (2) | Detailed matters concerning the classification of the survey datum point under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Setting and management of marker of survey control point) |
| (1) | A person who has established the survey datum point shall set and manage a marker of survey datum point. |
| (2) | A person who has set a marker of survey datum point under paragraph (1) shall notify the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) and the owner or occupant of the site on which the marker of survey datum point has been set of the type of a marker and place of setting a marker, as prescribed by Presidential Decree. The same shall apply to any transfer, removal or destruction of a marker of survey datum point. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Deleted. <Feb. 18, 2020> |
| (4) | Upon setting, moving, restoring, demolishing or scrapping a marker of cadastral control point, the Mayor/Do Governor or the competent cadastral authority shall publicly notify such fact. <Amended on Jul. 17, 2013> |
| (5) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall investigate the present status of a marker of survey control point in his or her jurisdictional area each year and report the findings of such investigation to the Minister of Land, Infrastructure and Transport through the Mayor/Do Governor (excluding the cases of the Special Self-Governing City and the Special Self-Governing Province Governor), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. The same shall apply where a marker of survey datum point is damaged or destroyed, or any problem is found. <Amended on Dec. 18, 2012; Mar. 23, 2013> |
| (6) | Notwithstanding paragraph (5), the Minister of Land, Infrastructure and Transport may, where deemed necessary, directly investigate the current status of a marker of survey datum point. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (7) | Necessary matters regarding the shape, size, management method, etc. of a marker of survey datum point shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 9 (Protection of marker of survey datum point) |
| (1) | No one shall engage in any act to transfer or destroy a marker of survey datum point or harm its effect. |
| (2) | Any person who intends to engage in any act that is likely to destroy a marker of survey datum point or damage its effectiveness shall apply for the transfer of the relevant marker to a person who has set it. |
| (3) | When a person who has set a marker of survey datum point is requested to transfer the marker as prescribed in paragraph (2), the person shall transfer the marker except where the objective of the applicant under paragraph (2) can be achieved without transferring the marker, and where the person fails to transfer the marker, he or she shall inform the applicant under paragraph (2) of the relevant grounds therefor. |
| (4) | Any expenses incurred in transferring a marker of survey datum point under paragraph (3) shall be borne by the applicant under paragraph (2); provided, expenses incurring in transferring a marker of national control point among the markers of survey datum points shall be borne by the person who sets it. <Amended on Jul. 17, 2013; Feb. 18, 2020> |
| Article 10 (Establishment of cooperation system) |
| (1) | When necessary to maintain and manage maps, etc. under Article 15(1) by utilizing data concerning topography, the Minister of Land, Infrastructure and Transport may establish a cooperation system with the related administrative agencies, local governments, universities under the Higher Education Act, public institutions under the Act on the Management of Public Institutions, etc. (hereinafter referred to as "related agencies"). <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may supply data on the maps, etc. under Article 15(1) to the institutions that have participated in the cooperation system under paragraph (1). <Amended on Mar. 23, 2013> |
| Article 10-2 (Comprehensive management of surveying business information) |
| (1) | The Minister of Land, Infrastructure and Transport may comprehensively manage information on the surveying business, such as the capital, actual status of management, and performance records of survey services of each surveying business person as well as the current status of survey technicians and equipment, etc. employed by him or her and may provide such information to the persons who place orders for survey services and the heads of administrative agencies and related organizations, etc., all of them who need the surveying business information. <Amended on Jun. 9, 2020> |
| (2) | In order to manage the surveying business information specified in paragraph (1) systematically, the Minister of Land, Infrastructure and Transport shall establish and operate a comprehensive surveying business information management system as prescribed by Presidential Decree. |
| (3) | In order to perform the duty prescribed in paragraph (1), the Minister of Land, Infrastructure and Transport may request surveying business persons and the heads of administrative agencies, etc. to submit relevant data. In such cases, the persons in receipt of such request shall comply therewith except in extraordinary circumstances. |
| (4) | Matters necessary for the procedures, etc. for requesting data under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 3, 2014]
| Article 10-3 (Assessment and public notification of capability to perform survey service business) |
| (1) | In order to enable a person who places an order to select a suitable surveying business person, the Minister of Land, Infrastructure and Transport shall, upon receipt of any request by a surveying business person, assess and publicly notify his or her capacity to perform business on the basis of his or her record of performance of survey services, capital, and the current status of human resources and equipment employed by him or her. |
| (2) | A surveying business person who intends to have his or her business performance capability assessed and publicly notified under paragraph (1) shall submit to the Minister of Land, Infrastructure and Transport the record of performance of survey services performed in the previous year, current status of employment of technicians, current financial status, and other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | Matters necessary for the public notification of the business performance capability of a surveying business person under paragraphs (1) and (2), the standards for assessing the business performance capability, reporting on performance records, etc. shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 3, 2014]
| Article 11 (Notification of changes in topography and features) |
| (1) | The Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall regularly investigate whether any change occurs in the topography and features within his or her jurisdictional area as prescribed by Presidential Decree. <Added on Dec. 10, 2019> |
| (2) | The Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, where there have been changes in the topography and features within his or her jurisdictional area, report the changes in the topography and features to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Dec. 18, 2012; Mar. 23, 2013; Dec. 10, 2019> |
| (3) | When a public surveyor under Article 17(2) commences or has completed construction works of a type and size prescribed by Presidential Decree from among those that could cause changes in the topography and features, he or she shall notify the Minister of Land, Infrastructure and Transport of such commencement upon commencing the work, or the changes in the topography and features upon completing the work. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
| (4) | The Minister of Land, Infrastructure and Transport are entitled to request materials regarding fundamental surveys from relevant administrative agencies. <Amended on Mar. 23, 2013; Dec. 10, 2019; Feb. 18, 2020> |
| (5) | Necessary matters concerning the notification of the construction work that could cause changes in the topography and features under paragraph (3) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
SECTION 2 Fundamental Survey
| Article 12 (Execution of fundamental surveys) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to execute a fundamental survey, he or she shall notify in advance the area, period and other necessary matters to the Mayor/Do Governor. The same shall apply where a fundamental survey is completed. <Amended on Mar. 23, 2013> |
| (2) | The Mayor/Do Governor shall, upon receipt of the notification under paragraph (1), immediately notify the head of a Si/Gun/Gu (excluding the cases of the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of such fact, and make a public announcement thereof as prescribed by Presidential Decree. <Amended on Dec. 18, 2012> |
| (3) | Necessary matters concerning the method, procedure, etc. of a fundamental survey shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 13 (Public notice of fundamental survey results) |
| (1) | The Minister of Land, Infrastructure and Transport shall, upon completion of a fundamental survey, publicly notify the fundamental survey results, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may have a specialized institution related to a survey prescribed by Presidential Decree verify the accuracy of the results of a fundamental survey. <Amended on Mar. 23, 2013> |
| (3) | Where changes have arisen in the topography and features after publicly notifying the fundamental survey results, the Minister of Land, Infrastructure and Transport shall revise the results of the fundamental survey in accordance with such changes. <Amended on Mar. 23, 2013> |
| (4) | Any survey results contrary to survey results publicly notified under paragraph (1) shall not be used. |
| Article 14 (Keeping and perusal of fundamental survey results) |
| (1) | The Minister of Land, Infrastructure and Transport shall keep the results and the records of fundamental surveys and shall make them available for public perusal. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to reproduce or obtain copies of the results or the records of fundamental surveys shall apply for the reproduction or issuance thereof to the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where the details of an application under paragraph (2) fall under any of the following cases, the Minister of Land, Infrastructure and Transport shall not allow the reproduction or issuance of a copy of the results or the records of fundamental surveys: <Amended on Mar. 23, 2013> |
| 1. | Where it is likely to harm national security or other important national interests; |
| 2. | Where it is prescribed as a confidential matter, such as one being kept secret, inspection of which is restricted and so on under other statutes. |
| Article 15 (Publication of maps by using results of fundamental surveys) |
| (1) | The Minister of Land, Infrastructure and Transport may publish (including provision of information by an electronic recording method through an information processing system; hereinafter the same shall apply) maps and other necessary publications (hereinafter referred to as "maps, etc.") by using the results and records of a fundamental survey to sell or distribute them. In such cases, maps, etc. that can be read by persons with color vision deficiency, such as color blindness and color weakness, without any difficulty shall be separately published. <Amended on Mar. 23, 2013; Jul. 20, 2021> |
| (2) | Notwithstanding paragraph (1), matters prescribed by Presidential Decree that are likely to harm national security shall not be indicated on maps, etc. <Added on Jul. 20, 2021> |
| (3) | The Minister of Land, Infrastructure and Transport may designate a map satisfying the following requirements, among the maps, etc. published under paragraph (1), as a national base map that serves as the basis for the establishment and utilization of spatial data: <Amended on Mar. 23, 2013; Jul. 20, 2021; Jun. 10, 2022> |
| 1. | A map which covers the whole nation and is drawn on a scale prescribed by Decree of the Ministry of Land, Infrastructure and Transport; |
| 2. | A map with a certain size and unified accuracy. |
| (4) | A person who intends to publish maps, etc. by using the results and records of fundamental surveys or maps, etc. published under paragraph (1) to sell or distribute them (excluding a public surveyor under Article 17(2); hereafter in this Article and Article 15-2 the same shall apply) shall have the relevant maps, etc. examined by the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 20, 2021; Jun. 10, 2022> |
| (5) | A person who publishes maps, etc. to sell or distribute them under paragraph (4) shall indicate the results or records of a fundamental survey that he or she has used on the maps, etc., as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 20, 2021> |
| (6) | None of the following persons shall publish, sell, or distribute maps, etc. under paragraph (4): <Amended on Jul. 17, 2013; Jul. 20, 2021> |
| 1. | A person who is under adult guardianship or under limited guardianship; |
| 2. | A person who was sentenced to imprisonment without labor or heavier penalty for a violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and for whom two years have not elapsed since the completion of its execution (including cases where it is deemed that its execution was completed) or the date when its execution was exempted; |
| 3. | A person who has been issued a suspended sentence of punishment heavier than imprisonment without prison labor for a violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and who is still in the period of grace; |
| (7) | Matters necessary for the sale or distribution of maps, etc. published under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 20, 2021> |
| Article 15-2 (Special cases concerning examination of publication of high definition road maps) |
| (1) | Notwithstanding Article 15(4), where the Minister of Land, Infrastructure and Transport examines a high definition road map defined in subparagraph 4 of Article 2 of the Act on the Promotion of and Support for Commercialization of Autonomous Vehicles (hereinafter referred to as "high definition road map"), he or she may examine only matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which are those regarding the identification of security facilities and the security of a high definition road map. |
| (2) | Upon receipt of an application for examination of a high definition road map under paragraph (1), the Minister of Land, Infrastructure and Transport shall complete the examination within 14 days from the date of receipt of the application and shall notify the applicant of the results. |
| (3) | Where a person who has published a high definition road map examined by the Minister of Land, Infrastructure and Transport under paragraph (1) revises and publishes such map, he or she shall submit a copy of the map revised and published to the Minister of Land, Infrastructure and Transport; provided, where the revised matters are not subject to examination under paragraph (1), reporting on the revised matters to the Minister of Land, Infrastructure and Transport may be substituted for submission of the copy. |
| (4) | Where any inappropriate matter is included in a high definition road map submitted under paragraph (3), the Minister of Land, Infrastructure and Transport may request the relevant publisher to supplement such map. |
| (5) | Matters necessary for standards and procedures for examining a high definition road map, revision and publication thereof, etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jun. 10, 2022]
| Article 16 (Prohibition of taking fundamental survey results abroad) |
| (1) | No person shall take abroad maps, etc. or photos produced for the purpose of a survey, among the results of a fundamental survey, without permission of the Minister of Land, Infrastructure and Transport; provided, the same shall not apply to cases prescribed by Presidential Decree, such as where the results of a fundamental survey are exchanged with foreign governments, etc. <Amended on Mar. 23, 2013> |
| (2) | No person shall take abroad the results of a fundamental survey in cases of falling under any subparagraph of Article 14(3); provided, this shall not apply where a decision to take them abroad is made by a consultative body organized by the Minister of Land, Infrastructure and Transport with the heads of the relevant agencies, including the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Unification, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Trade, Industry and Resources, the Director of the National Intelligence Service, etc. <Amended on Jun. 3, 2014; Jul. 26, 2017; Oct. 1, 2025> |
| (3) | The consultative body mentioned in the proviso to paragraph (2) shall include at least one private expert. <Added on Oct. 24, 2017> |
| (4) | Matters necessary for the organization, operation, etc. of the consultative body mentioned in the proviso to paragraph (2) and the qualification standards, etc. of the private expert under paragraph (3) shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
| (5) | The private expert under paragraph (3) shall be deemed a public official in the application of Article 127 and 129 through 132 of the Criminal Act. <Added on Oct. 24, 2017> |
SECTION 3 Public Survey and General Survey
| Article 17 (Execution of public surveys) |
| (1) | Public surveys shall be conducted based on the results of fundamental surveys or of other public surveys. |
| (2) | A person who conducts a public survey (hereinafter referred to "public surveyor") intends to conduct a public survey, he or she shall submit a working plan for a public survey to the Minister of Land, Infrastructure and Transport in advance as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. Where the submitted working plan for a public survey has been changed, such changed working plan shall be submitted. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport finds it necessary for increasing the accuracy of public surveys or avoiding possible duplication of public surveys, he or she may request a public surveyor to submit a long-term plan, or an annual plan of a public survey. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall review the appropriateness of the plans submitted under paragraph (2) or (3), and notify the public surveyor of the results of the review. In such cases, the public surveyor shall comply with such results except in extraordinary circumstances. <Amended on Mar. 23, 2013> |
| (5) | Where a public surveyor intends to perform a public survey, he or she shall notify in advance the Mayor/Do Governor of the area and period of the survey and other necessary matters. The same shall apply where a public survey has been completed. |
| (6) | The Mayor/Do Governor shall, upon completion of a public survey or upon receipt of the notification under paragraph (5), notify the head of a Si/Gun/Gu (excluding the cases of the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of such fact without delay and make a public announcement thereof, as prescribed by Presidential Decree. <Amended on Dec. 18, 2012> |
| Article 18 (Examination of public survey results) |
| (1) | Where a public surveyor has obtained the results of a public survey, he or she shall submit a copy of such results without delay to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport deems it necessary, he or she may have a public surveyor submit a copy of public survey records. <Amended on Mar. 23, 2013> |
| (3) | Upon receipt of a copy of the public survey results under paragraph (1), the Minister of Land, Infrastructure and Transport examine the details thereof without delay and notify the relevant public surveyor of the results of such examination. <Amended on Mar. 23, 2013> |
| (4) | Where it is deemed that the results of a public survey are appropriate as a result of an examination under paragraph (3), the Minister of Land, Infrastructure and Transport shall publicly notify the results of a survey as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (5) | Necessary matters concerning the submission and examination of the results of a public survey shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 19 (Keeping and perusal of public survey results) |
| (1) | The Minister of Land, Infrastructure and Transport and the public surveyor shall keep the results and the records of public surveys, or copies thereof, and shall make them available for public perusal; provided, where the public surveyor cannot retain the results and the records of public surveys, he or she shall send them to the Minister of Land, Infrastructure and Transport for their retention and for public perusal. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to reproduce or obtain copies of the results and the records of public surveys shall apply for the reproduction or issuance thereof to the Minister of Land, Infrastructure and Transport or the public surveyor, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where the details of an application under paragraph (2) fall under any subparagraph of Article 14(3), the Minister of Land, Infrastructure and Transport and a public surveyor shall not allow the reproduction or issuance of a copy of the results and the records of public surveys. <Amended on Mar. 23, 2013> |
| Article 20 (Publication of maps by using results of public survey) |
| (1) | A public surveyor may publish a map, etc. by using the results of the public survey to sell or distribute them, as prescribed by Presidential Decree. In such cases, in consideration of the availability to the public, a map, etc. prescribed by Presidential Decree shall be separately published as a map etc. that can be read by persons with color vision deficiency, such as color blindness and color weakness, without any difficulty. <Amended on Jul. 20, 2021> |
| (2) | Notwithstanding paragraph (1), matters prescribed by Presidential Decree that are likely to harm national security shall not be indicated on maps, etc. <Added on Jul. 20, 2021> |
| Article 21 (Prohibition of taking public survey results abroad) |
| (1) | No person shall take abroad maps, etc. or photos produced for surveys, from among the results of a public survey, without permission of the Minister of Land, Infrastructure and Transport; provided, the same shall not apply to cases prescribed by Presidential Decree, such as where the results of a public survey are exchanged with foreign governments, etc. <Amended on Mar. 23, 2013> |
| (2) | No person shall take abroad the results of a public survey in cases of falling under any subparagraph of Article 14(3); provided, the same shall not apply where the consultative body referred to in the proviso to Article 16(2) decides to take abroad matters relating to national security. <Amended on Jun. 3, 2014> |
| Article 22 (Execution of general surveys) |
| (1) | A general survey shall be conducted based on the results and the records of a fundamental survey and the results and the records of a public survey. |
| (2) | Where the Minister of Land, Infrastructure and Transport finds it necessary for any of the following purposes, he or she may request a person who executes a general survey to submit a copy of the results and the records of the general survey: <Amended on Mar. 23, 2013> |
| 1. | Securing accuracy in the survey; |
| 2. | Avoiding possible duplication in the survey; |
| 3. | Collection and analysis of data on survey. |
| (3) | The Minister of Land, Infrastructure and Transport may determine the working standard of general surveys to ensure the accuracy, etc. of the survey. <Added on Jul. 17, 2013> |
SECTION 4 Cadastral Survey
| Article 23 (Execution of cadastral surveys) |
| (1) | A cadastral survey shall be conducted in the following cases: <Amended on Jul. 17, 2013> |
| 1. | Where the cadastral control point under Article 7(1)3 is set; |
| 2. | Where the results of a cadastral survey are examined under Article 25; |
| 3. | Where it is necessary to conduct a survey and any of the following occurs: |
| a. | Where the cadastral records are restored under Article 74; |
| b. | Where land is newly registered under Article 77; |
| c. | Where land is subject to registration conversion under Article 78; |
| d. | Where land is partitioned under Article 79; |
| e. | Where the registration of land engulfed by sea is cancelled under Article 82; |
| f. | Where the scale is changed under Article 83; |
| g. | Where registered matters in the cadastral records are revised under Article 84; |
| h. | Where land is altered in the region where urban development projects, etc. are executed under Article 86; |
| i. | Where land is altered subsequent to a cadastral resurvey project implemented under the Special Act on Cadastral Resurvey; |
| 4. | Where a survey is required in the restoration of a boundary point on the ground; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | Necessary matters concerning the methods, procedures, etc. for cadastral surveys shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 24 (Commissioning of cadastral surveys) |
| (1) | Interested persons, including landowners, etc., shall, when they deem it necessary to conduct a cadastral survey on the grounds in Article 23(1)1 and 3 (excluding item i) through 5, commission either of the following persons (hereinafter referred to as "cadastral surveyor") to conduct the relevant cadastral survey: <Amended on Jul. 17, 2013; Jun. 3, 2014; Feb. 20, 2024> |
| 1. | A person that has registered cadastral surveying business under Article 44(1)2; |
| 2. | The Korea Land Information Corporation established in accordance with Article 3(1) of the Korea Land and Geospatial Informatix Corporation Act (hereinafter referred to as the "Korea Land and Geospatial Informatix Corporation"). |
| (2) | Where a cadastral surveyor is commissioned to perform a cadastral survey under paragraph (1), he or she conduct the cadastral survey and determine the results of the relevant survey. |
| (3) | Matters necessary for the commissioning of cadastral surveys and determination of the results of the surveys, etc. under paragraphs (1) and (2) shall be determined by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 17, 2013> |
| Article 25 (Examination on results of cadastral surveys) |
| (1) | Where any cadastral surveyor performs a cadastral survey under Article 23, he or she shall receive an examination by the Mayor/Do Governor, the Mayor of a metropolitan city (referring to the head of a Si the population of which is at least 500 thousand, excluding Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing City under Article 198 of the Local Autonomy Act; hereinafter the same shall apply) or the competent cadastral authority on the results of its cadastral survey; provided, the same shall not apply in cases of surveys determined by Decree of the Ministry of Land, Infrastructure and Transport, by which the cadastral record is not adjusted. <Amended on Dec. 18, 2012; Mar. 23, 2013; Jan. 12, 2021> |
| (2) | Matters necessary for the method of examination on the results of cadastral surveys and procedures, etc. under paragraph (1) shall be determined by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 26 (Method of determining areas subsequent to alteration of land) |
| (1) | The boundary, coordinates or areas due to an annexation shall not be separately subject to a cadastral survey and shall be determined according to the following classifications: |
| 1. | The boundary or coordinates of a parcel after annexation shall be determined by cancelling such portions of boundary or coordinates of each parcel before annexation as have become needless due to annexation; |
| 2. | The area of the relevant parcel after an annexation shall be determined by adding up areas of each parcel before annexation. |
| (2) | Where any error occurs in determining the areas due to registration conversion or partition, matters necessary for the allowable limit and method of rectification, etc. of such error shall be prescribed by Presidential Decree. |
[Title Amended on Jul. 17, 2013]
| Article 27 (Retention and perusal of results of cadastral control point) |
| (1) | The Mayor/Do Governor or the competent cadastral authority shall retain the results of a cadastral control point (referring to the result of survey based on the cadastral control point; hereinafter the same shall apply) and the relevant survey records and make them available for public perusal. |
| (2) | A person who intends to obtain a certified copy of the results of a cadastral control point or a copy of the relevant survey records shall apply to the Mayor/Do Governor or to the competent cadastral authority for its issuance, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 28 (Cadastral Committee) |
| (1) | There is hereby established a Central Cadastral Committee in the Ministry of Land, Infrastructure and Transport in order to deliberate upon and resolve the following issues: <Amended on Jul. 17, 2013> |
| 1. | Matters concerning the formulation of policies, improvement of services, etc. related to cadastre; |
| 2. | Matters concerning the research, development and dissemination of cadastral survey technology; |
| 3. | Re-examination of the propriety of a cadastral survey conducted under Article 29(6); |
| 4. | Matters concerning the training of survey technicians in the field of cadastre (hereinafter referred to as "cadastral technicians"), of the survey technicians defined in Article 39; |
| 5. | Matters concerning disposition for the suspension of service of a survey technician and request for disciplinary action under Article 42. |
| (2) | In order to deliberate on and resolve the matters concerning request for an examination of the propriety of a cadastral survey conducted under Article 29, there is hereby established a regional cadastral committee in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). <Added on Jul. 17, 2013> |
| (3) | Matters necessary for the composition and operation of the Central Cadastral Committee and the members of regional cadastral committees shall be prescribed by Presidential Decree. <Amended on Jul. 17, 2013; Oct. 24, 2017> |
| (4) | Any person who is not a public official among the Central Cadastral Committee and the members of regional cadastral committees shall be deemed a public official in the application of Article 127 and 129 through 132 of the Criminal Act. <Added on Oct. 24, 2017> |
| Article 29 (Examination as to whether cadastral survey is proper) |
| (1) | Where there is any dispute on the results of a cadastral survey, landowners, interested parties, or cadastral surveyors may request the competent regional cadastral committee to examine the propriety of the cadastral survey via the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jul. 17, 2013> |
| (2) | Upon receipt of a request for an examination as to whether a cadastral survey is proper under paragraph (1), the Mayor/Do Governor shall investigate the following matters within 30 days, and refer the results to the regional cadastral committee: |
| 1. | Circumstances and results of the cadastral survey subject to dispute; |
| 2. | History of land alteration and of ownership changes in the relevant land; |
| 3. | Surveyed map of the current conditions of the survey datum point, boundary, and main structures in the neighboring areas of the relevant land. |
| (3) | The regional cadastral committee, whereto referred a request for an examination as to whether a cadastral survey is proper under paragraph (2), shall deliberate and resolve on it within 60 days from that day; provided, where inevitable, the relevant period may be extended just for once within 30 days by a resolution of the relevant regional cadastral committee. |
| (4) | Where the regional cadastral committee has resolved on an examination as to whether a cadastral survey is proper, it shall prepare the written resolution as prescribed by Presidential Decree, and forward it to the Mayor/Do Governor. |
| (5) | The Mayor/Do Governor shall notify the applicant for the aforementioned examination and the interested parties thereof within seven days from the date of receiving a written resolution under paragraph (4). |
| (6) | Where a person notified of the written resolution under paragraph (5) is dissatisfied with the resolution of the regional cadastral committee, he or she may request, within 90 days from the receipt of the written resolution, the Central Cadastral Committee to re-examine it via the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 17, 2013> |
| (7) | Paragraphs (2) through (5) shall be applicable mutatis mutandis to a request for re-examination under paragraph (6). In such cases, "Mayor/Do Governor" shall be construed as "Minister of Land, Infrastructure and Transport", and "regional cadastral committee" as the "Central Cadastral Committee," respectively. <Amended on Mar. 23, 2013> |
| (8) | The Minister of Land, Infrastructure and Transport in receipt of the written resolution of the Central Cadastral Committee under paragraph (7) shall forward a copy of the relevant written resolution to the competent Mayor/Do Governor. <Amended on Mar. 23, 2013> |
| (9) | Where the applicant for a relevant examination as to whether a cadastral survey is proper or interested parties fail to request a re-examination within the period under paragraph (6), the Mayor/Do Governor in receipt of the written resolution of the regional cadastral committee under paragraph (4) shall forward a copy of the written resolution of the regional cadastral committee to the competent cadastral authority, and shall forward to the competent cadastral authority a copy of the written resolution of the Central Cadastral Committee, which has been received under paragraph (8), along with a copy of the written resolution of the regional cadastral committee, which has been received under paragraph (4). |
| (10) | The competent cadastral authority in receipt of a copy of the written resolution by the regional cadastral committee or the Central Cadastral Committee under paragraph (9) shall, according to their details, either revise the matters registered in the cadastral record or amend the results of survey. |
| (11) | Where the applicant for an examination of the propriety of a cadastral survey or an interested party fails to request a re-examination within the period specified in paragraph (6) after the Special Self-Governing City Mayor has received the written resolution of the regional cadastral committee under paragraph (4) or where the Special Self-Governing City Mayor receives the written resolution of the Central Cadastral Committee under paragraph (8), the relevant Mayor shall either revise the matters registered in the cadastral record or amend the results of the survey, notwithstanding paragraphs (9) and (10). <Added on Dec. 18, 2012> |
| (12) | Where a re-examination is not requested within the period specified in paragraph (6) after the regional cadastral committee or the Central Cadastral Committee has made a resolution, no examination as to whether the results of the relevant cadastral survey are proper may be requested again. <Amended on Dec. 18, 2012> |
SECTION 5 Deleted.
| Article 30 Deleted. <Feb. 18, 2020> |
| Article 31 Deleted. <Feb. 18, 2020> |
| Article 32 Deleted. <Feb. 18, 2020> |
| Article 33 Deleted. <Feb. 18, 2020> |
| Article 34 Deleted. <Feb. 18, 2020> |
| Article 35 Deleted. <Feb. 18, 2020> |
| Article 36 Deleted. <Feb. 18, 2020> |
| Article 37 Deleted. <Feb. 18, 2020> |
| Article 38 Deleted. <Feb. 18, 2020> |
SECTION 6 Survey Technician
| Article 39 (Survey technician) |
| (1) | No person other than a survey technician shall conduct a survey prescribed by this Act. <Amended on Feb. 18, 2020> |
| (2) | Survey technicians shall be any of the following persons who meet the qualification standards prescribed by Presidential Decree and may be classified as prescribed by Presidential Decree: |
| 1. | A person who has obtained a technical qualification in the field of surveying, geospatial information, cadastre, surveying, map production, pictures, or aerial photographs under the National Technical Qualifications Act; |
| 2. | A person who has a certain education or work experience in the field of geospatial information, cadastre, surveying, map production, pictures, or aerial photographs. |
| (3) | Survey technicians shall divide their specialized fields into surveying fields and cadastral fields. <Added on Jul. 17, 2013> |
| Article 40 (Reporting by survey technician) |
| (1) | A survey technician (excluding a survey technician who is a construction engineer under subparagraph 8 of Article 2 of the Construction Technology Promotion Act and an engineer under Article 2 of the Professional Engineers Act; hereinafter the same shall apply in this Article) who is engaged in the surveying business may report matters necessary for the career management, such as the place of work, career, education, qualification, etc. (hereinafter referred to as "place of work, career, etc.") to the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. The same shall apply to any modification of the reported matters. <Amended on Mar. 23, 2013; May 22, 2013; Aug. 14, 2018; Feb. 18, 2020> |
| (2) | When the Minister of Land, Infrastructure and Transport receives a report under paragraph (1), he or she shall maintain and manage the report concerning the place of work, career, etc. of the survey technician. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | When a survey technician requests, the Minister of Land, Infrastructure and Transport may issue a certificate that attests the place of work, career, etc. of the relevant survey technician (hereinafter referred to as "surveying technique record certificate"). <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (4) | Where necessary for the confirmation of the details of report under paragraph (1), the Minister of Land, Infrastructure and Transport may request the submission of related data to the heads of related agencies, such as central administrative agencies, local governments, schools under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act, business to which the survey technician who reported belongs and so on. In such cases, the heads of related agencies shall comply with such request unless any extraordinary circumstance exists otherwise. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (5) | When the head of an administrative agency, who intends to grant authorization, permission, registration, license, etc. under this Act or other related statutes, is in need of confirmation of the place of work, career, etc. of a survey technician, he or she shall have them confirmed by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (6) | Where a report under paragraph (1) has no defect for the matters written on the report and accompanying documents, and fulfills the formal requirements provided in the relevant statutes, etc., the report is deemed to be reported when it arrives at the institute in charge of receiving such report. <Added on Oct. 24, 2017> |
| (7) | Necessary matters concerning the report of survey technicians, maintenance and management of records, the issuance of surveying technique record certificates, etc. other than those referred to in paragraphs (1) through (6) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Oct. 24, 2017; Feb. 18, 2020> |
| Article 41 (Responsibility of survey technician) |
| (1) | Survey technicians shall survey impartially, in good faith, and shall not refuse to survey without good cause. |
| (2) | Survey technicians shall not disclose any information obtained in the course of conducting their service without good cause. |
| (3) | Any survey technician shall be prohibited from working for at least two surveying business persons. |
| (4) | Any survey technician shall be prohibited from lending their surveying technique record certificate to another person or having another person conduct the surveying business by using their names. |
| Article 42 (Suspension of survey technician's survey service) |
| (1) | When a survey technician (excluding a survey technician who is a construction engineer as defined in subparagraph 8 of Article 2 of the Construction Technology Promotion Act) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may suspend his or her survey service for a specified period of not more than one year (not more than two years in cases of cadastral technicians). In such cases, where the case is concerning a cadastral technician, it shall undergo the deliberation and resolution of the Central Cadastral Committee as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; May 22, 2013; Jul. 17, 2013; Aug. 14, 2018; Feb. 18, 2020> |
| 1. | Where a survey technician has reported his or her place of work, career, etc. fraudulently or reported the alteration thereof fraudulently under Article 40(1); |
| 2. | Where a survey technician has lent his or her surveying technique record certificate to another person or had another person conduct the survey service by using his or her name, in violation of Article 41(4); |
| 3. | Where a cadastral technician has failed to conduct a cadastral survey fairly and in good faith in violation of Article 50(1) or has inflicted a loss to another person due to an erroneous cadastral survey conducted in bad faith or as a result of gross negligence; |
| 4. | Where the cadastral technician has rejected any request for his or her cadastral survey service without good cause, in violation of Article 50(1). |
| (2) | Where a cadastral technician falls under any subparagraph of paragraph (1), the Minister of Land, Infrastructure and Transport may demand the Korea Land Information Corporation or cadastral surveying business person to which he or she belongs to dismiss him or her or to take any other appropriate disciplinary action, taking into account the frequency, degree, cause, effect, etc. of such violation. <Added on Jul. 17, 2013; Jun. 3, 2014> |
| (3) | Guidelines for administrative dispositions under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 17, 2013; Feb. 18, 2020> |
[Title Amended on Jul. 17, 2013]
| Article 43 Deleted. <Feb. 18, 2020> |
SECTION 7 Surveying Business
| Article 44 (Registration of surveying business) |
| (1) | Survey business shall be classified into the following business types: |
| 1. | Geodetic surveying business; |
| 2. | Cadastral surveying business; |
| 3. | Other types of business prescribed by Presidential Decree, such as aerial photography and map production. |
| (2) | A person who intends to engage in the surveying business shall satisfy the registration standards for technical human resources, equipment, etc. prescribed by Presidential Decree for each type of the surveying business and shall register with the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city; provided, the Korea Land Information Corporation may engage in the cadastral surveying business under paragraph (1)2 without registration. <Amended on Mar. 23, 2013; Jun. 3, 2014; Feb. 18, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall issue a surveying business registration certificate and a surveying business registration pocketbook to the person who has registered a surveying business (hereinafter referred to as "surveying business person") under paragraph (2). <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (4) | Where a surveying business registration certificate or a surveying business registration pocketbook issued pursuant to paragraph (3) is lost or damaged, a surveying business person may be re-issued with such certificate or pocketbook, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jun. 10, 2022> |
| (5) | Where the registered matters are changed, the surveying business person shall report thereon to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city. <Amended on Mar. 23, 2013; Feb. 18, 2020; Jun. 10, 2022> |
| (6) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall notify a reporting person of whether his or her report is accepted within 20 days from the date of receipt of the report under paragraph (5). <Added on Aug. 10, 2021; Jun. 10, 2020> |
| (7) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city fails to notify a reporting person of whether his or her report is accepted or of an extension of the processing period under statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (6), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period where the processing period is extended or re-extended under statutes and regulations related to the processing of civil petitions). <Added on Aug. 10, 2021; Jun. 10, 2022> |
| (8) | Matters necessary for the registration of surveying business, reporting on changes in registered matters, procedures for the issuance of a surveying business registration certificate and a surveying business registration pocketbook, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 10, 2021; Jun. 10, 2022> |
| Article 45 (Scopes of business of cadastral surveying business person) |
A person who has registered the cadastral surveying business under Article 44(1)2 (hereinafter referred to as "cadastral surveying business person") may engage in the informatization business by utilizing the following cadastral surveys and cadastral computerized data, of the cadastral surveys conducted for the reasons referred to in Article 23(1)1, and 3 through 5: <Amended on Sep. 16, 2011; Jul. 17, 2013; Dec. 10, 2019>
| 1. | A cadastral survey conducted in a region where the boundary point coordinate register under Article 73 is kept; |
| 2. | Surveying for cadastral resurvey conducted in a cadastral resurvey project district under the Special Act on Cadastral Resurvey; |
| 3. | A cadastral confirmation survey conducted following the completion of any urban development project, etc. under Article 86. |
| Article 46 (Succession to status of surveying business person) |
| (1) | Where a surveying business person transfers his or her business or dies or there is a merger of a surveying business person that is a corporation and where the transferee or heir of the business, or a corporation surviving or established after the merger intends to succeed to the status of the previous surveying business person, such transferee, heir, or corporation shall report thereon to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city within 30 days from the date of the transfer, inheritance, or merger. <Amended on Aug. 10, 2021> |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall not accept such report if a person who intends succeed to the status of a surveying business person falls under any of the subparagraphs of Article 47. <Amended on Aug. 10, 2021> |
| (3) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall notify a reporting person of whether his or her report is accepted within 20 days from the date of receipt of the report under paragraph (1). <Added on Aug. 10, 2021> |
| (4) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city fails to notify a reporting person of whether his or her report is accepted or of an extension of the processing period under statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period where the processing period is extended or re-extended under statutes and regulations related to the processing of civil petitions), notwithstanding paragraph (2). <Added on Aug. 10, 2021> |
| (5) | Where a report under paragraph (3) is accepted (including where a report is deemed accepted under paragraph (4)), a transferee, an heir, or a corporation surviving or established after a merger under paragraph (1) shall succeed to the status of the previous surveying business person from the date of the relevant transfer, inheritance, or merger. <Added on Aug. 10, 2021> |
| Article 47 (Grounds for disqualification for registration of survey business) |
None of the following persons shall register a surveying business: <Amended on Jul. 17, 2013; Dec. 29, 2015>
| 1. | A person who is under adult guardianship or under limited guardianship; |
| 2. | A person who was sentenced to imprisonment without labor or heavier penalty for a violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and for whom two years have not elapsed since the completion of its execution (including cases where it is deemed that its execution was completed) or the date when its execution was exempted; |
| 3. | A person who has been issued a suspended sentence of punishment heavier than imprisonment without prison labor for a violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and who is still in the period of grace; |
| 4. | A person for whom two years have not yet lapsed after his or her registration of surveying business was revoked under Article 52 (excluding the cases that a registration is revoked under subparagraph 1 of Article 47); |
| 5. | A corporation for which there exists a person who falls under any of subparagraphs 1 through 4 from among its executive officers. |
| Article 48 (Reporting of suspension or closure of survey business) |
Any of the following persons shall report the relevant fact to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city within 30 days from the date the relevant fact occurs, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Feb. 18, 2020>
| 1. | Where a corporation that is a surveying business person has been dissolved, on account of a reason other than the bankruptcy or merger, its liquidator; |
| 2. | Where the surveying business person has closed his or her business, such surveying business person; |
| 3. | Where the surveying business person has suspended his or her business for 30 days or more, or has recommenced his or her business after suspension of business, such surveying business person. |
| Article 49 (Prohibition on lending survey business registration certificate) |
| (1) | A surveying business person shall be prohibited from lending his or her surveying business registration certificate or surveying business registration pocketbook to another person or getting another person to conduct the surveying business using his or her name or trade name. |
| (2) | No person shall use by renting another person's registration certificate or registration pocketbook, or conduct the surveying business by using another person's name or trade name. |
| Article 50 (Duty of good faith of cadastral surveyor) |
| (1) | Any cadastral surveyor (including cadastral technicians under his or her supervision; hereinafter in this Article the same shall apply) shall fairly conduct a cadastral survey in good faith, and shall not reject any request for his or her cadastral survey services without good cause. <Amended on Jul. 17, 2013> |
| (2) | Every cadastral surveyor shall be prohibited from conducting a cadastral survey of land owned by himself or herself, his or her spouse or any lineal descendant or ascendant. |
| (3) | Every cadastral surveyor shall be prohibited from receiving any price for his or her cadastral survey service under any pretext, except cadastral survey fees fixed under Article 106(2). |
| Article 51 (Liability for indemnifying against damages) |
| (1) | When any cadastral surveyor causes damage to the property of any person who commissions a cadastral survey service or of any third party by poorly performing his or her cadastral survey by intention or negligence after being commissioned by another person, he or she shall be liable to indemnify such damage. <Amended on Jun. 9, 2020> |
| (2) | Any cadastral surveyor shall take necessary measures, including the insuring of himself or herself, etc. to ensure his or her liability for the indemnity of any damage referred to in paragraph (1), as prescribed by Presidential Decree. |
| Article 52 (Revocation of registration of survey business) |
| (1) | Where a surveying business person falls under any of the following cases, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall revoke the registration of the surveying business or order him or her to suspend his or her business for a fixed period of not more than one year; provided, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall revoke the registration of surveying business in cases falling under subparagraphs 2, 4, 7, 8, 11, or 15: <Amended on Mar. 23, 2013; Jun. 3, 2014; Apr. 17, 2018; Feb. 18, 2020; Jun. 9, 2020; Jun. 10, 2022> |
| 1. | Where he or she has inaccurately conducted survey by intention or negligence; |
| 2. | Where he or she has registered the surveying business by fraud or other improper means; |
| 3. | Where he or she has not commenced the business within one year from the registration date of the surveying business or suspended the business for one year or more continuously without good cause; |
| 4. | Where he or she has failed to meet the registration standards under Article 44(2); provided, cases where he or she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree shall be excluded therefrom; |
| 5. | Deleted; <Nov. 15, 2022> |
| 6. | Where a cadastral surveying business person has conducted a cadastral survey in violation of the scope of business under Article 45; |
| 7. | Where he or she falls under any subparagraph of Article 47; provided, this shall not apply where he or she falls under subparagraph 5 of the same Article, but the grounds therefor cease to exist within three months from the date such grounds arise; |
| 8. | Where he or she has lent his or her surveying business registration certificate or surveying business registration pocketbook to another person, or has had another person conduct the surveying business by using his or her name or trade name in violation of Article 49(1); |
| 9. | Where a cadastral surveying business person has violated Article 50; |
| 10. | Where he or she has not taken necessary measures, such as purchasing an insurance policy in violation of Article 51; |
| 11. | Where he or she continually operates his or her business during a period of business suspension; |
| 12. | Where he or she fails to comply with an order to suspend business of an executive officer under Article 52(3); |
| 13. | Where a cadastral surveying business person receives excessive or reduced cadastral survey fees under Article 106(2) compared with the fees publicly notified under paragraph (3) of the same Article; |
| 14. | In cases of being asked by another administrative agency to revoke its registration or suspend its business under other statutes; |
| 15. | Where it is confirmed that a surveying business person has borrowed the national technical qualification certificate of a survey technician in violation of Article 15(2) of the National Technical Qualifications Act. |
| (2) | Paragraph (1)7 shall not be applicable until the date when six months have elapsed since a successor to the status of the surveying business person falls under the grounds for disqualification for registration of surveying business under Article 47. |
| (3) | Where a surveying business person falls under subparagraph 5 of Article 47, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city may order the person to suspend duties of an executive officer falling under any of subparagraphs 1 through 4. <Added on Apr. 17, 2018; Feb. 18, 2020> |
| (4) | Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the Mayor of a large city is required to issue an order to suspend business operation in accordance with paragraph (1) and such suspension of business operation is likely to cause serious inconvenience to users of the relevant business or to harm public interest, he or she may impose a penalty surcharge not exceeding 40 million won in lieu of the suspension of business operation. <Amended on Nov. 15, 2022> |
| (5) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city shall, where he or she has revoked the registration of survey business, suspended business, or imposed a penalty surcharge in accordance with paragraph (1) or (4), make a public announcement thereof. <Amended on Nov. 15, 2022> |
| (6) | If a person upon whom a penalty surcharge was imposed in accordance with paragraph (4) fails to pay it by the payment deadline, the Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or a mayor of a large city shall collect the penalty surcharge in the same manner as delinquent national taxes, or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Added on Nov. 15, 2022> |
| (7) | Detailed standards for revocation of registration of surveying business and suspension of business operation thereof under paragraph (1), standards for imposition of penalty surcharges under paragraph (4), and matters necessary for collecting penalty surcharges shall be prescribed by Presidential Decree. <Added on Nov. 15, 2022> |
| Article 52-2 (Succession to the effect of administrative measures against surveying business persons) |
| (1) | When a surveying business person who has filed a business closure report under Article 48 re-registers the same surveying business with that as at the time of reporting, he or she shall succeed to the position of a surveying business person held before filing the report on business closure. |
| (2) | In cases of falling under paragraph (1), an administrative measure taken due to a violation of the provisions of Article 52(1) or Article 111(1) through (3) shall be succeeded by the person who has re-registered the surveying business within 6 months from the date of business closure (hereinafter referred to as "re-registered surveying business person" in this Article). <Amended on Nov. 15, 2022> |
| (3) | In cases of falling under paragraph (1), an administrative measure may be taken against a re-registered surveying business person for his or her act of violation set forth in the subparagraphs of Article 52(1) committed before filing a report on business closure; provided, any of the following cases shall be excluded therefrom: |
| 1. | Where the period from the date of report on business closure to the date of re-registration of the surveying business (hereinafter referred to as "period of business closure" in this Article) exceeds two years; |
| 2. | Where the administrative measure imposed against a violation committed before filing a report on business closure corresponds to a business suspension and the period of business closure exceeds one year. |
| (4) | When any administrative measure is taken under paragraph (3), the period of and the reason for business closure shall be taken into consideration. |
[This Article Added on Jun. 3, 2014]
| Article 53 (Execution of survey projects by surveying business person after disposition of registration revocation) |
| (1) | A surveying business person who has been subjected to a disposition of registration revocation or business suspension, or his or her general successor may continue to conduct a survey project by a contract concluded before the said disposition or report on business closure: the same shall not apply to the cadastral surveying business person or his or her general successor who has been subjected to the disposition of registration revocation or business suspension under Article 48. <Amended on Jun. 3, 2014> |
| (2) | In cases of falling under paragraph (1), a surveying business person or his or her general successor shall, without delay, notify the details of relevant disposition to the person who has placed an order of survey project. |
| (3) | A person, who continues to conduct a survey project in accordance with paragraph (1), shall be considered a surveying business person until the date of the completion of the survey project. |
| (4) | Except cases where any special grounds exist, the person who has placed an order for survey project may terminate the contract for survey project, only within 30 days from the date of receiving the notification under paragraph (2) from the relevant surveying business person, or from the date when he or she has become aware of the relevant facts. |
| Article 54 Deleted. <Feb. 18, 2020> |
| Article 55 (Consideration of surveys) |
| (1) | Standards for consideration of fundamental surveys and public surveys and matters necessary for the calculation method shall be prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport shall determine the standards under paragraph (1) in consultations with the Minister of Finance and Economy and Minister of Planning and Budget. <Amended on Mar. 23, 2013; Feb. 18, 2020; Oct. 1, 2025> |
| (3) | Consideration of general survey may be calculated by applying mutatis mutandis the standards under paragraph (1). |
[Title Amended on Feb. 18, 2020]
SECTION 8 Deleted.
| Article 56 Deleted. <Jun. 3, 2014> |
| Article 57 Deleted. <Feb. 18, 2020> |
SECTION 9 Deleted.
| Article 58 Deleted. <Jun. 3, 2014> |
| Article 59 Deleted. <Jun. 3, 2014> |
| Article 60 Deleted. <Jun. 3, 2014> |
| Article 61 Deleted. <Jun. 3, 2014> |
| Article 62 Deleted. <Jun. 3, 2014> |
| Article 63 Deleted. <Jun. 3, 2014> |
CHAPTER III CADASTRE OF LAND
SECTION 1 Registration of Land
| Article 64 (Examination and registration of land) |
| (1) | The Minister of Land, Infrastructure and Transport shall register all lands in the cadastral record, after examining and surveying by parcel their location, parcel number, land category, area, boundary or coordinate, etc. <Amended on Mar. 23, 2013> |
| (2) | Parcel number, land category, area, boundary or coordinates to be registered in the cadastral record shall be determined by the competent cadastral authority upon an application from a landowner (in cases of an association or foundation which is not a corporation, referring to its representative or manager; hereinafter the same shall apply) when land is altered; provided, where no application exists, the competent cadastral authority may determine them by making an ex officio examination and survey. |
| (3) | Matters necessary for the procedures, etc. for the examination and survey under the proviso to paragraph (2) shall be determined by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 65 (Partitioning of ground boundary) |
| (1) | The ground boundaries of land shall be partitioned by embankments, walls, or other structures or boundary markers that can serve as the objects of division. |
| (2) | The competent cadastral authority shall, where it newly determines ground boundaries due to any alteration of land, prepare and manage the ground boundary points register in which the following matters are registered: |
| 1. | Location of the land; |
| 2. | Parcel number; |
| 3. | Coordinates of boundary points (applicable only to the regions where the boundary point coordinate register is enforced); |
| 4. | A diagram of locations of boundary points; |
| 5. | Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | Matters necessary for the determination of ground boundaries under paragraph (1), including the criteria for determination of ground boundaries, shall be prescribed by Presidential Decree, and matters necessary for the standards, material, etc. of boundary markers shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jul. 17, 2013]
| Article 66 (Setting of parcel number) |
| (1) | Parcel numbers shall be serial numbers set by the competent cadastral authority by area on which a parcel number is set. |
| (2) | The competent cadastral authority may, where deemed necessary to change parcel numbers registered in the cadastral record, set a new parcel number in whole or part within the parcel numbering region, upon approval of the Mayor or Do Governor or Metropolitan City Mayor. |
| (3) | Matters necessary for the method of setting parcel numbers and procedures, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 67 (Classification of land categories) |
| (1) | Land categories shall be determined by classifying them into the dry paddy field, paddy field, orchard, pasture, forestry, mineral spring site, saltern, site, factory site, school site, parking lot, gas station site, warehouse site, road, railway site, bank, river, ditch, marsh, fish farm, water supply site, park, gymnastic site, recreation area, religion site, historic site, graveyard, and miscellaneous land. |
| (2) | Matters necessary for the classification of land categories and their setting methods, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 68 (Unit of area) |
| (1) | The unit of area shall be set in square meters. |
| (2) | Matters necessary for the methods, etc. for determination of area shall be prescribed by Presidential Decree. |
SECTION 2 Cadastral Records
| Article 69 (Keeping and preservation of cadastral record) |
| (1) | The competent cadastral authority shall install a cadastral library in the relevant building and preserve cadastral records therein permanently (excluding cases where the records are recorded and stored through an information processing system; hereinafter the same shall apply in this paragraph). Cadastral records shall not be taken out of the relevant building, except in any of the following cases: |
| 1. | Where deemed necessary for avoiding the natural disaster and other misfortunes equivalent thereto; |
| 2. | Where an approval of the competent Mayor/Do Governor or Metropolitan City Mayor is granted. |
| (2) | Where cadastral records are recorded and stored through an information processing system, the competent Mayor/Do Governor or head of a Si/Gun/Gu shall preserve such cadastral records permanently in the cadastral information management system. <Amended on Jul. 17, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall build an information management system to reproduce and manage cadastral records just in case where the cadastral records to be preserved under paragraph (2) may be destructed or damaged. <Amended on Mar. 23, 2013; Jul. 17, 2013> |
| (4) | Matters necessary for the installation criteria for a cadastral library, the method for keeping the cadastral record, and the approval procedures for carrying out, etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 70 (Establishment of exclusive cadastral information management organization) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish and operate the exclusive cadastral information management organization in order to efficiently manage and utilize cadastral records. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may, in order to utilize cadastral records as data for taxation or real estate policy, etc., request the relevant data to the authorities that manage the resident registration computerized data, family relationship registration computerized data, real estate registration data or computerized data on official land prices, etc. and the heads of authorities in receipt of such request shall comply with such request unless any extraordinary circumstance exists otherwise. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Detailed matters concerning the establishment and operation of the exclusive management organization of cadastral information under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 71 (Matters to be entered in registers) |
| (1) | The parcels-register for sites and the parcels-register for forest areas shall have each of the following matters to be indicated: <Amended on Apr. 12, 2011; Mar. 23, 2013> |
| 1. | Location of the land; |
| 2. | Parcel number; |
| 3. | Land category; |
| 4. | Size; |
| 5. | Name or title, address, and resident registration number of the owner (in cases of the State, a local government, a corporation, an association, or a foundation that is not a corporation, and a foreigner, referring to their registration numbers issued under Article 49 of the Registration of Real Estate Act; hereinafter the same shall apply); |
| 6. | Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where two or more landowners exist under paragraph (1)5, each of the following matters shall be indicated in the joint signature book of common land: <Amended on Mar. 23, 2013> |
| 1. | Location of the land; |
| 2. | Parcel number; |
| 3. | Shares of ownership; |
| 4. | Name or title, address, and resident registration number of the owner; |
| 5. | Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where any registration of site ownership is made pursuant to the Registration of Real Estate Act for the land to be registered in the parcels-register for sites or the parcels-register for forest areas, each of the following matters shall be entered in the site ownership register: <Amended on Mar. 23, 2013> |
| 1. | Location of the land; |
| 2. | Parcel number; |
| 3. | Shares of site ownership; |
| 4. | Name or title, address, and resident registration number of the owner; |
| 5. | Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 72 (Matters to be registered in cadastral maps) |
In the cadastral maps and forestry maps, each of the following matters shall be registered: <Amended on Mar. 23, 2013>
| 1. | Location of the land; |
| 2. | Parcel number; |
| 3. | Land category; |
| 4. | Boundary; |
| 5. | Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 73 (Matters to be entered in boundary point coordinate registers) |
The competent cadastral authority shall, with regard to the land to be newly registered in the cadastral record on account of urban development projects, etc. under Article 86, keep the boundary point coordinate register, and enter any of the following matters therein: <Amended on Mar. 23, 2013>
| 1. | Location of the land; |
| 2. | Parcel number; |
| 3. | Coordinates; |
| 4. | Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 74 (Restoration of cadastral record) |
The competent cadastral authority (in case of cadastral record under Article 69(2), the Mayor/Do Governor and the head of a Si/Gun/Gu) shall, where the whole or any part of the cadastral record is destroyed or damaged, restore it without delay, as prescribed by Presidential Decree.
| Article 75 (Perusal of cadastral record and delivery of its attested copy) |
| (1) | A person who intends to peruse the cadastral record or to be issued an attested copy thereof shall apply therefor to the competent cadastral authority; provided, where he or she intends to peruse the cadastral record (excluding cadastral maps or forestry maps) recorded or stored in an information processing system or to be issued an attested copy thereof, he or she may apply therefor to the Special Self-Governing City Mayor, the head of the Si/Gun/Gu, or the head of the Eup/Myeon/Dong. <Amended on Dec. 18, 2012> |
| (2) | Matters necessary for a perusal of cadastral record and procedures, etc. for a delivery of its attested copy under paragraph (1) shall be determined by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 76 (Use of cadastral computerized data) |
| (1) | A person who intends to use or utilize computerized data concerning cadastral records (including serial cadastral maps; hereinafter referred to as "cadastral computerized data") shall apply for the cadastral computerized data to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the competent cadastral authority according to the classification described below: <Amended on Mar. 23, 2013; Jul. 17, 2013; Oct. 24, 2017> |
| 1. | Cadastral computerized data of the nation-wide unit: The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the competent cadastral authority; |
| 2. | Cadastral computerized data of City/Do unit: The Mayor/Do Governor or the competent cadastral authority; |
| 3. | Cadastral computerized data of a Si/Gun/Gu unit (including Gu which is not an autonomous Gu): The competent cadastral authority. |
| (2) | A person who intends to apply for the cadastral computerized data under paragraph (1) shall go through the examination of the head of the related central administrative agency in advance concerning the purpose of using or utilizing cadastral computerized data, as prescribed by Presidential Decree; provided, the same shall not apply where the head of the central administrative agency, the head of the institution annexed thereto or the head of a local government applies therefor. <Amended on Oct. 24, 2017> |
| (3) | Notwithstanding paragraph (2), where falling under any of the following, no examination of the relevant central administrative agency may be required: <Amended on Oct. 24, 2017> |
| 1. | A land owner requests cadastral computerized data of his or her own land; |
| 2. | A successor of a deceased land owner requests the cadastral computerized data of the predecessor’s land; |
| 3. | To apply for cadastral computerized data except personal information under Article 2(1) of the Personal Information Protection Act. |
| (4) | Matters necessary for the use and utilization of cadastral computerized data under paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended on Jul. 17, 2013> |
| Article 76-2 (Management and administration of comprehensive real estate records) |
| (1) | In order to ensure the efficient utilization of real estate and the comprehensive management and administration of information on real estate, the competent cadastral authority shall manage and administrate comprehensive real estate records. |
| (2) | The competent cadastral authority shall permanently preserve comprehensive real estate records and establish an information management system to reproduce and separately manage the comprehensive real estate records just in case they are destroyed or damaged. |
| (3) | The head of an agency that manages the matters to be registered in the subparagraphs of Article 76-3 shall provide the relevant information to the competent cadastral authority on a regular basis. |
| (4) | Where necessary for the accurate registration in and management of the comprehensive real estate records, the competent cadastral authority may, where necessary for the accurate registration in and management of the comprehensive real estate records, request the head of an agency that manages the matters to be registered in the subparagraphs of Article 76-3 to submit the relevant data. In such cases, the head of an agency in receipt of the request for submission of such data shall provide them unless any special ground exists. |
[This Article Added on Jul. 17, 2013]
| Article 76-3 (Matters to be registered in comprehensive real estate records) |
The competent cadastral authority shall register the following matters in a comprehensive real estate record: <Amended on Jan. 19, 2016>
| 1. | Definition of land and the owners thereof: The content of a cadastral record under this Act; |
| 2. | Definition of a building and the owners thereof (if any building exists on the relevant land): The content of a building register under Article 38 of the Building Act; |
| 3. | Matters concerning the use and regulation of land: The content of the written confirmation of land use plan under Article 10 of the Framework Act on the Regulation of Land Use; |
| 4. | Matters concerning the price of the real estate: Individual land price under Article 10 of the Act on the Public Announcement of Real Estate Values and content of the public notice of detached housing price and collective housing price under Articles 16, 17, and 18 of the same Act; |
| 5. | Other matters prescribed by Presidential Decree as necessary for the efficient use and the comprehensive management and administration of real estate information. |
[This Article Added on Jul. 17, 2013]
| Article 76-4 (Inspection of comprehensive real estate records and issuance of certificates) |
| (1) | Any person who intends to inspect comprehensive real estate records or obtain a certificate that attests all or some of the matters entered therein (hereinafter referred to as "comprehensive real estate certificate") may file an application therefor with the competent cadastral authority or the head of the competent Eup/Myeon/Dong. |
| (2) | Matters necessary for procedures for the inspection of comprehensive real estate records, issuance of comprehensive real estate certificates, etc. under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jul. 17, 2013]
| Article 76-5 (Application mutatis mutandis) |
`Article 84 shall apply mutatis mutandis to the correction of matters registered in comprehensive real estate records.
[This Article Added on Jul. 17, 2013]
SECTION 3 Application for Land Alteration, Cadastral Adjustment
| Article 77 (Application for new registration) |
Any landowner shall, where land to be newly registered exists, file a new application to the competent cadastral authority within 60 days from the date on which such ground occurs, as prescribed by Presidential Decree.
| Article 78 (Application for registration conversion) |
Any landowner shall, where land subject to a registration conversion exists, file an application therefor to the competent cadastral authority within 60 days from the date on which such ground occurs, as prescribed by Presidential Decree.
| Article 79 (Application for partition) |
| (1) | Any landowner shall, where he or she intends to make a partition of land, file an application therefor to the competent cadastral authority, as prescribed by Presidential Decree. |
| (2) | Any landowner shall, where part of one parcel registered in the cadastral record comes to face with a change of use due to a form and quality alteration, file an application for land partition to the competent cadastral authority within 60 days from the relevant date, as prescribed by Presidential Decree. |
| Article 80 (Application for annexation) |
| (1) | Any landowner shall, where he or she intends to annex land, apply to the competent cadastral authority, as prescribed by Presidential Decree. |
| (2) | Any landowner shall, where land subject to annexation exists, such as a site for collective housing under the Housing Act and a road, bank, river, ditch, marsh, and other land areas prescribed by Presidential Decree, file an application therefor to the competent cadastral authority within 60 days from the date on which such ground occurs. |
| (3) | No application shall be filed for annexation under any of the following cases: <Amended on Feb. 4, 2020> |
| 1. | Where the parcel numbering region, land category, or owner of the land subject to annexation differs from one another; |
| 2. | Where other registrations than those falling under any of the following items exist as to land subject to annexation: |
| a. | Registration of ownership, superficies, lease on a deposit basis, or tenement property rights; |
| b. | Registration of servitude exercised on a servient tenement; |
| c. | Registration for the mortgage of which the cause, date, and receipt number are identical as to the whole land subject to annexation; |
| d. | Trust registration in which matters to be registered under the subparagraphs of Article 81(1) of the Registration of Real Estate Act for the whole land subject to annexation are identical; |
| 3. | Other cases prescribed by Presidential Decree, such as where the scales of cadastral map and forestry map of each land subject to annexation differ from one another. |
| Article 81 (Application for land category change) |
Any landowner shall, where land exists the category of which is to be changed, apply to the competent cadastral authority within 60 days from the date on which such ground occurs, as prescribed by Presidential Decree.
| Article 82 (Application for cancellation of registration of land engulfed by sea) |
| (1) | The competent cadastral authority shall, where a land area registered in the cadastral record has been engulfed by sea due to configurative changes, etc., and where the said land may not be reinstated or for which there exists no possibility for becoming a land area of different category, notify the landowner, who is registered in the cadastral record, to file an application for cancellation of registration in the cadastral record. |
| (2) | The competent cadastral authority shall, where the landowner pursuant to paragraph (1) fails to file an application for cancellation of registration within 90 days from the date of receiving such notification, cancel the said registration, as prescribed by Presidential Decree. |
| (3) | The competent cadastral authority may, where the land, the registration of which was cancelled under paragraph (2), has again been turned into land due to configurative changes, etc., obtain registration for its restoration, as prescribed by Presidential Decree. |
| Article 83 (Scale change) |
| (1) | The Scale Change Committee shall be established within the competent cadastral authority in order to deliberate upon and resolve matters concerning the scale change. |
| (2) | Where the cadastral map falls under any of the following cases, the competent cadastral authority may designate certain region upon request of the landowner or ex officio and change the scale of such region: |
| 1. | Where it is difficult to decide the result of the cadastral survey with a small scale or to readjust due to land alteration as the scale of one parcel is small due to frequent land alteration; |
| 2. | Where cadastral maps with different scales exist in one parcel numbering region; |
| 3. | Where it is deemed necessary in order to manage the cadastral records. |
| (3) | Where the competent cadastral authority intends to execute the scale change under paragraph (2), it shall obtain consent from 2/3 or more of the landowners in the relevant execution area and the approval of the Mayor/Do Governor or the Metropolitan City Mayor, after going through a resolution of the Scale Change Committee under paragraph (1); provided, it may execute the scale change without going through the procedures of a resolution of the Scale Change Committee and obtaining approval from the Mayor/Do Governor or the Metropolitan City Mayor in any of the following cases: |
| 1. | Where a scale change is made as land areas subject to annexation are respectively registered in the cadastral maps of different scale; |
| 2. | Where a scale change is made on the land area excluded from an execution of the urban development projects, etc. under Article 86, which is located in an execution area of the relevant project. |
| (4) | Matters necessary for the procedure for scale changes, the dealing with increase or decrease of area due to scale change, the filing of an objection against the scale change results, and the composition and operation, etc. of the Scale Change Committee, shall be prescribed by Presidential Decree. |
| Article 84 (Revision of registered matters) |
| (1) | A landowner may, where he or she finds that an error exists in the registered matters on the cadastral record, apply for its revision to the competent cadastral authority. |
| (2) | The competent cadastral authority may, where it finds that an error exists in the registered matters on the cadastral record, revise it by investigating and surveying ex officio the relevant lands, as prescribed by Presidential Decree. |
| (3) | Where the boundary of an adjacent land is changed due to a revision under paragraph (1), any of the following documents shall be submitted to the competent cadastral authority: |
| 1. | Written consent of the owner of adjacent land; |
| 2. | Authentic copy of a final and conclusive decision capable of setting up against it if the owner of adjacent land does not consent. |
| (4) | The competent cadastral authority shall, where it intends to revise registered matters under paragraph (1) or (2), and where such revised matters are relevant to the landowner, revise them on the basis of a certificate of completion of registration, a notice of completion of registration, a certificate of registered matters, or the registration computer-information data furnished by the registry office; provided, where the revised matters for unregistered land, for which an application is filed under paragraph (1), are related to the name or title, resident registration number, address, etc. of the landowner, and they are entered apparently in error, they shall be revised on the basis of the certificate of recorded matters of family relationship. <Amended on Apr. 12, 2011> |
| Article 85 (Changes of titles of administrative areas) |
| (1) | The location of land registered in the cadastral record shall, where the title of an administrative area is changed, be deemed to have been changed into the newly changed title of the administrative area. |
| (2) | The competent cadastral authority shall, where part of the area whereon a parcel number is set comes to belong to the area whereon a different parcel number is set due to a reorganization of administrative area, set a new parcel number thereon. |
| Article 86 (Special case of application for land alteration in region where urban development projects are executed) |
| (1) | Each executor of a urban development project under the Urban Development Act, the rearrangement project of agricultural and fishing villages under the Agricultural and Fishing Villages Improvement Act, and other land development project prescribed by Presidential Decree shall file a report on the commencement, alteration or completion of such a project with the competent cadastral authority, as prescribed by Presidential Decree. |
| (2) | Where any land alteration is necessary in relation to the project under paragraph (1), the executor of the project concerned shall file an application for such land alternation with the competent cadastral authority. |
| (3) | Any land alteration under paragraph (2) shall be deemed to have been made as at the time of completion of works for the alternation of the form and quality of land. |
| (4) | Where the owner of the land for which a report on commencement or alteration of the project under paragraph (1) has been filed intends to alter the relevant land, he or she shall request the relevant project executor to file an application for land alteration, and the relevant project executor that has been requested to do so shall apply for the alteration of such land with the competent cadastral authority as it deems that such land alternation will not hinder the relevant project. |
| Article 87 (Subrogation of application) |
The persons described below may file an application for and on behalf of a landowner under this Act; provided, this shall not apply to any land subject to the revision of registered matters under Article 84: <Amended on Jun. 3, 2014>
| 1. | In case of land to be turned into a school site, road, railway site, bank, river, ditch, marsh, water supply site, or any other land category, due to a public project, etc.: The executor of the said project; |
| 2. | In case of land to be acquired by the State or a local government: The head of an administrative agency or local government to manage the said land; |
| 3. | In case of a site of collective housing under the Housing Act: The manager under the Act on Ownership and Management of Condominium Buildings (if no manager exists, a representative selected by the co-owners) or the project executor concerned; |
| 4. | Creditors under Article 404 of the Civil Act. |
| Article 88 (Adjustment of landowners) |
| (1) | The changed matters of the landowners registered in the cadastral record shall be adjusted on the basis of a certificate of completion of registration, a notice of completion of registration, a certificate of registered matters, or the registration computer-information data furnished and certified by the registry office; provided, the owners of land to be newly registered shall be directly investigated and registered by the competent cadastral authority. <Amended on Apr. 12, 2011> |
| (2) | Where the office of general management under subparagraph 10 of Article 2 of the State Property Act or the head of a central government agency under subparagraph 11 of the same Article files an application for the registration of an owner under Article 12(3) of the same Act on the land whose owner is not registered in the cadastral record, the competent cadastral authority may register it only where the relevant landowner is not registered. <Amended on Mar. 30, 2011> |
| (3) | Where the definition of land entered in the register is inconsistent with the cadastral record, the owner of the land shall not be adjusted under paragraph (1). In such cases, such a purport shall be notified to the competent registry office. |
| (4) | The competent cadastral authority, where deemed necessary, shall investigate and verify whether the cadastral record and the real estate register are in accord by a perusal of the register of competent registry office, and where any discrepancy is found, may adjust ex officio the cadastral record by a certificate of registered matters or the registration computer-information data furnished by the registry office, or request the landowner and other interested parties to file an application necessary for the said conformity. <Amended on Apr. 12, 2011> |
| (5) | Where the public officials belonging to the competent cadastral authority peruse the register in order to verify whether the cadastral record and the real estate register are consistent, or apply for the delivery of a certificate of registered matters or the provision of the registration computer-information data furnished by the registry office, the delivery of such documents shall be free of charge. <Amended on Apr. 12, 2011> |
| Article 89 (Entrustment of registration) |
| (1) | Where any registration is required for a change of land definition due to causes as provided for in Article 64(2) (excluding a new registration), 66(2), 82, 83(2), 84(2) or 85(2), the competent cadastral authority shall, entrust such registration to the competent registry office without delay. In such cases, such entrustment of registration shall be deemed a registration by the State for its own sake. |
| (2) | Matters necessary for the entrustment of registration under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 90 (Notice of cadastral adjustments) |
Where the competent cadastral authority registers in the cadastral record or restores, cancels or entrusts a registration under the proviso to Article 64(2), Article 66(2), 74, 82(2), 84(2), 85(2), 86(2), 87 or 89, it shall notify the relevant land owners, as prescribed by Presidential Decree; provided, where the addresses or whereabouts of persons to be notified are unknown, the public announcement thereof shall be made on the daily newspaper or the official report or website of the relevant Si/Gun/Gu, as prescribed by Decree of Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
| Article 90-2 (Management of serial cadastral maps) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement policies regarding the management and adjustment of serial cadastral maps. |
| (2) | The competent cadastral authority shall reflect in serial cadastral maps any changes or errors in the matters registered on the cadastral map or forest map, when such changes or errors have been adjusted. |
| (3) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize the expenses necessary for the adjustment of serial cadastral maps by the competent cadastral authority under paragraph (2). |
| (4) | The Minister of Land, Infrastructure and Transport may establish and operate a serial cadastral map information management system, as prescribed by Presidential Decree, in order to systematically manage serial cadastral maps. |
| (5) | The Minister of Land, Infrastructure and Transportation or the competent serial cadastral authority may entrust affairs related to establishing and operating the serial cadastral map information management system under paragraph (2) to a corporation, organization, or agency prescribed by Presidential Decree. In such case, the expenses necessary for the entrusted management may be fully or partially subsidized. |
| (6) | Matters necessary for methods for managing and adjusting serial cadastral maps under paragraphs (1) and (2) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Mar. 19, 2024]
Chapter IV Supplementary Provisions
| Article 91 (Establishment of National Geographical Names Committee) |
| (1) | A National Geographical Names Committee shall be established in the Ministry of Land, Infrastructure and Transport to deliberate and decide on the following matters regarding geographical names: <Amended on Mar. 23, 2013; Feb. 18, 2020; Jun. 10, 2022> |
| 1. | Matters regarding assigning, changing, and abolishing geographical names; |
| 2. | Matters regarding improving statutes or regulations, systems, or policies related to geographical names; |
| 3. | Other matters prescribed by Presidential Decree, which are necessary for geographical names. |
| (2) | A City/Do geographical names committee shall be established in each City/Do and a Si/Gun/Gu geographical names committee in each Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) in order to deliberate and decide on matters regarding assigning, changing, and abolishing the geographical names of areas under its jurisdiction and other important matters regarding geographical names. <Amended on Jun. 10, 2022> |
| (3) | A member of the National Geographical Names Committee, a City/Do geographical names committee, or a Si/Gun/Gu geographical names committee who is not a public official shall be deemed a public official for purposes of applying Article 127 and 129 through 132 of the Criminal Act. <Added on Dec. 10, 2019; Jun. 10, 2022> |
| (4) | Matters necessary for the composition, operation, etc. of the National Geographical Names Committee shall be prescribed by Presidential Decree, and those necessary for the composition, operation, etc. of a City/Do geographical names committee and a Si/Gun/Gu geographical names committee shall be prescribed by ordinance of the relevant local government in accordance with the standards prescribed by Presidential Decree. <Amended on Dec. 10, 2019; Jun. 10, 2022> |
[Title Amended on Jun. 10, 2022]
| Article 91-2 (Determination of geographical names) |
| (1) | Matters regarding geographical names of a Si/Gun/Gu shall be determined by the Mayor/Do Governor having jurisdiction over the relevant area after matters reported by the head of the Si/Gun/Gu following deliberation and decision by the competent Si/Gun/Gu geographical names committee are deliberated and decided on by the competent City/Do geographical names committee; provided, matters regarding geographical names extending over at least two Sis/Guns/Gus shall be determined by the Mayor/Do Governor having jurisdiction over the relevant area after he or she hears the opinions of the heads of Sis/Guns/Gus and the competent City/Do geographical names committee deliberates and decides on such matters, and matters regarding geographical names extending over at least two Cities/Dos shall be determined by the Minister of Land, Infrastructure and Transport after the Minister hears the opinions of the Mayor/Do Governor and the National Geographical Names Committee deliberates and decides on such matters. |
| (2) | Notwithstanding paragraph (1), the Mayor/Do Governor may request the Minister of Land, Infrastructure and Transport to determine geographical names related to the boundaries of the territory of the Republic of Korea or other matters prescribed by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor determines geographical names (including where geographical names are re-deliberated under Article 91-3), he or she shall comply with the principles of determining geographical names prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport shall notify geographical names determined under paragraphs (1) and (2) to the Mayor/Do Governor, and the Mayor/Do Governor shall notify them to the Minister of Land, Infrastructure and Transport and the head of the competent Si/Gun/Gu, respectively. |
| (5) | The Minister of Land, Infrastructure and Transport shall, without delay, publicly notify geographical names determined under paragraphs (1) and (2) after the period for requesting re-deliberation under Article 91-3 expires; provided, this shall not apply where any request or demand for re-deliberation under that Article is filed. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for determination, notification, public notice, etc. of geographical names shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 10, 2022]
| Article 91-3 (Requests for re-deliberation on determined geographical names) |
| (1) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu has an objection to geographical names determined under Article 91-2, the Mayor/Do Governor may file a request for re-deliberation with the Minister of Land, Infrastructure and Transport, and the head of a Si/Gun/Gu with the Mayor/Do Governor, respectively, within 30 days from the date of receipt of notification under Article 91-2(4). |
| (2) | Where the head of a Si/Gun/Gu has an objection to the results of re-deliberation by the Mayor/Do Governor under paragraph (1), he or she may file a request for re-deliberation with the Minister of Land, Infrastructure and Transport within 30 days from the date of receipt of notification under paragraph (5). |
| (3) | The Mayor/Do Governor and the head of a Si/Gun/Gu shall not re-file a request for re-deliberation on agenda items re-deliberated on by the Minister of Land, Infrastructure and Transport under paragraphs (1) and (2). |
| (4) | Where the Minister of Land, Infrastructure and Transport deems that geographical names determined by the Mayor/Do Governor under Article 91-2(1) fails to conform to the principles of determining geographical names under paragraph (3) of that Article, he or she may demand the Mayor/Do Governor to conduct re-deliberation within 30 days from the date of receipt of notification under paragraph (4) of that Article. |
| (5) | Article 91-2(4) shall apply mutatis mutandis to matters regarding notification of the results of re-deliberation under paragraphs (1), (2), and (4). In such cases, the Minister of Land, Infrastructure and Transport shall also notify the results of re-deliberation to the head of a Si/Gun/Gu who files a request for re-deliberation on the results of re-deliberation under paragraph (2). |
| (6) | Where geographical names are determined following re-deliberation under paragraph (1), (2), or (4), the Minister of Land, Infrastructure and Transport shall publicly notify such geographical names without delay. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for procedures and methods for re-deliberation and notification, etc. of the results thereof shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 10, 2022]
| Article 91-4 (Requests for submission of data) |
Where necessary to determine geographical names, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may request the submission of related data, the presentation of opinions, etc. from the head of the relevant central administrative agency or the head of a local government. In such cases, upon receipt of the request, the head of the relevant central administrative agency or the head of a local government shall comply therewith unless there is a compelling reason not to do so.
[This Article Added on Jun. 10, 2022]
| Article 92 (Test of survey instruments) |
| (1) | A surveying business entity shall undergo a performance testing, conducted by the Minister of Land, Infrastructure and Transport, of transit, level, and other survey instruments determined by Presidential Decree for each period prescribed by Presidential Decree within the limit of five years; provided, where any survey instrument undergoes the correction test that is conducted by an agency in exclusive charge of national correction services provided for in Article 14 of the Framework Act on National Standards and it is recognized by the Minister of Land, Infrastructure and Transport as meeting the performance standards under paragraph (6), it shall be deemed to have undergone the performance testing. <Amended on Mar. 23, 2013; Apr. 7, 2020> |
| (2) | The Korea Land Information Corporation shall have proper facilities and equipment for the performance testing and conduct a self-test. <Amended on Jun. 3, 2014> |
| (3) | A person who has been registered as a person who conducts performance testing as proxy (hereinafter referred to as "performance testing agent") under Article 93(1) may conduct performance testing on behalf of the Minister of Land, Infrastructure and Transportation under paragraph (1). <Amended on Mar. 23, 2013; Apr. 7, 2020> |
| (4) | The Korea Land Information Corporation and a performance testing agent shall not conduct performance testing not in compliance with the standards, methods, and procedures of performance testing under paragraph (6). <Added on Apr. 7, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport may inspect whether the Korea Land Information Corporation and a performance testing agent conduct performance testing in accordance with the standards, methods, and procedures under paragraph (6) and may issue a corrective order where necessary. <Added on Apr. 7, 2020> |
| (6) | The standards, methods, and procedures of performance testing under paragraphs (1) and (2), matters necessary for the inspection, corrective order under paragraph (5), and other matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 7, 2020> |
| Article 93 (Registration of performance testing agent) |
| (1) | Any person who intends to conduct the performance testing of survey instruments by proxy under Article 92(1) shall register with the Mayor/Do Governor by satisfying the registration standards prescribed by Presidential Decree, such as technological capability, facilities, etc., by type of survey instruments. Where he or she intends to change the registered matters, he or she shall report thereon to the Mayor/Do Governor. |
| (2) | The Mayor/Do Governor shall, where deemed satisfying the registration standards upon receipt of an application for a registration under paragraph (1), deliver a certificate of survey instruments performance testing agent to the relevant applicant and shall notify the Minister of Land, Infrastructure and Transport thereof after making a public announcement thereof. <Amended on Mar. 23, 2013> |
| (3) | Where a certificate issued under paragraph (2) is lost or damaged, a performance testing agent may be re-issued with such certificate, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jun. 10, 2022> |
| (4) | The Mayor/Do Governor shall notify a reporting person of whether his or her report is accepted within 20 days from the date of receipt of the report under paragraph (1). <Added on Aug. 10, 2021; Jun. 10, 2022> |
| (5) | Where the Mayor/Do Governor fails to notify a reporting person of whether his or her report is accepted or of an extension of the processing period under statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (4), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period where the processing period is extended or re-extended under statutes or regulations related to the processing of civil petitions). <Added on Aug. 10, 2021; Jun. 10, 2022> |
| (6) | Where a performance testing agent has closed his or her business, he or she shall report such fact to the Mayor/Do Governor within 30 days from the closure, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 7, 2020; Aug. 10, 2021; Jun. 10, 2022> |
| (7) | A performance testing agent and the executive officers and employees responsible for said testing shall be deemed public officials for purposes of applying Article 129 through 132 of the Criminal Act. <Amended on Apr. 7, 2020; Aug. 10, 2021; Jun. 10, 2022> |
| (8) | Matters necessary for the registration of a performance testing agent, reporting on changes in the registered matters, issuance of a certificate of survey instruments performance testing agent, test fees, etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 10, 2021; Jun. 10, 2022> |
[Title Amended on Apr. 7, 2020]
| Article 94 (Grounds for disqualification of registration of performance testing agent) |
None of the following persons shall register as a performance testing agent: <Amended on Jul. 17, 2013; Jun. 9, 2020>
| 1. | A person who is under adult guardianship or under limited guardianship; |
| 2. | A person who was sentenced to imprisonment with labor for a violation of this Act and for whom two years have not elapsed since its execution was completed (including cases where it is deemed to have completed its execution) or exempted from its execution; |
| 3. | A person who was sentenced to the suspension of imprisonment with labor for a violation of this Act and is still in the period of suspension; |
| 4. | A person for whom two years have not elapsed since the revocation of his or her registration under Article 96(1); |
| 5. | A corporation for which there exists a person who falls under any of subparagraphs 1 through 4 from among its executive officers. |
| Article 95 (Prohibition of lending certificate of performance testing agent) |
| (1) | No performance testing agent shall lend his or her certificate of performance testing agent, nor have another person conduct the duty of performance testing agent by using his or her name or trade name. |
| (2) | No one shall use a certificate of performance testing agent after borrowing it from another person, nor conduct the duty of performance testing agent by using name or trade name of another person. |
| Article 96 (Revocation of registration of performance testing agent) |
| (1) | Where a performance testing agent falls under any of the following cases, the Mayor/Do Governor shall revoke his or her registration, or take a disposition to suspend his or her business operation for a fixed period of not more than one year; provided, the Mayor/Do Governor shall revoke such registration in cases of falling under subparagraph 1, 4, 6 or 7: <Amended on Apr. 7, 2020> |
| 1. | Where the agent has made registration by fraud or other improper means; |
| 1-2. | Where he or she fails to comply with a corrective order under Article 92(5); |
| 2. | Where he or she has failed to meet the registration standards under Article 93(1); provided, where he or she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree shall be excluded therefrom; |
| 3. | Deleted; <Nov. 13, 2022> |
| 4. | Where he or she has lent his or her certificate of performance testing agent, or has had another person conduct the duty of performance testing agent by using his or her name or trade name in violation of Article 95; |
| 5. | Where he or she has refused or avoided a performance testing without good cause; |
| 6. | Where he or she has conducted a performance testing by fraud or other improper means; |
| 7. | Where he or she continually conducts the duty of performance testing agent during the period of business suspension; |
| 8. | Where other administrative agency asks for revoking his or her registration or suspending his or her business in accordance with the relevant statutes. |
| (2) | Where the Mayor/Do Governor has revoked a registration of the performance testing agent under paragraph (1), he or she shall notify the Minister of Land, Infrastructure and Transport thereof after making a public announcement thereof. <Amended on Mar. 23, 2013> |
| (3) | Where a Mayor/Do Governor is required to issue an order to suspend business in accordance with paragraph (1) and such suspension of business is likely to cause serious inconvenience to users of the relevant business or to harm public interest, he or she may impose a penalty surcharge not exceeding 40 million won in lieu of the suspension of business. <Amended on Nov. 15, 2022> |
| (4) | If a person upon whom a penalty surcharge was imposed in accordance with paragraph (3) fails to pay it by the payment deadline, a Mayor/Do Governor shall collect the penalty surcharge in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Added on Nov. 15, 2022> |
| (5) | Detailed standards for revocation of registration of performance testing agents and suspension of business thereof under paragraph (1), standards for imposition of penalty surcharges under paragraph (3), and matters necessary for collecting penalty surcharges shall be prescribed by Presidential Decree. <Added on Nov. 15, 2022> |
| Article 97 (Promotion of research and development) |
| (1) | The Minister of Land, Infrastructure and Transport shall promote policies for the development of surveys and a cadastral system. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport may establish research institutes to perform duties such as research, development of technology, education, etc. of regarding the policies mentioned in paragraph (1), or have related specialized institution determined by Presidential Decree perform the relevant duties. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize necessary expenses incurred by the research institute or related specialized institution under paragraph (2) in performing the duties under paragraph (2) within budgetary limits. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (4) | The Minister of Land, Infrastructure and Transport shall promote cooperative activities among related international organizations and countries in order to facilitate production of information on survey and to improve the cadastral system and the service technology. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 98 (Education and training for persons engaged in survey service) |
| (1) | The Minister of Land, Infrastructure and Transport may conduct education and training for survey technicians and those engaged in business related to the survey in order to improve their ability to conduct survey services. <Amended on Mar. 23, 2013; Feb. 18, 2020; Apr. 7, 2020> |
| (2) | A performance testing agent and its employees shall receive education provided by the Minister of Land, Infrastructure and Transport to improve the quality of performance testing of survey instruments and services, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Apr. 7, 2020> |
[Title Amended on Feb. 18, 2020; Apr. 7, 2020]
| Article 99 (Report and inspection) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority may have each of the following persons make necessary reports, or may have public officials under his or her jurisdiction conduct an inspection after explaining the reason therefor: <Amended on Mar. 23, 2013; Feb. 18, 2020; Apr. 7, 2020> |
| 1. | Where a surveying business person or cadastral surveyor has conducted a poor quality survey by intention or gross negligence and caused a civil grievance; |
| 2. | Deleted; <Feb. 18, 2020> |
| 3. | Where a surveying business person is deemed failed to meet the registration standards under Article 44(2); |
| 4. | Where a performance testing agent has conducted a poor quality performance testing or is deemed not to fully meet the registration standards; |
| 5. | Where necessary for inspecting whether the Korea Land Information Corporation and a performance testing agent conduct testing in compliance with relevant standards, methods, and procedures as prescribed in Article 92(5). |
| (2) | In cases of conducting the inspection under paragraph (1), the inspection plan, including the scheduled date and hour, reasons, contents, etc. of inspection, shall be notified to the inspected persons by not later than three days before such inspection is conducted; provided, the same shall not apply to the cases of an emergency or where deemed impossible to attain the purposes of such inspection when the inspection plan is known in advance. |
| (3) | The public official who conducts the inspection under paragraph (1) shall carry a certificate that indicates his or her authority, and produce it to the persons concerned. |
| (4) | Matters necessary for identification prescribed in paragraph (3) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 100 (Hearings) |
Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a large city intends to take any of the following measures, he or she shall hold a hearing: <Amended on Mar. 23, 2013; Feb. 18, 2020>
| 1. | Deleted; <Feb. 18, 2020> |
| 2. | Revocation of registration of surveying business under Article 52(1); |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Revocation of registration of performance testing agent under Article 96(1). |
| Article 101 (Entry into land) |
| (1) | Where deemed necessary for the survey or investigation, etc., a person who intends to conduct a survey, or establishes survey control points, or investigates land alteration under this Act may temporarily gain access to or use another person's land, building, public waters, etc. (hereinafter referred to as "land, etc."), and where deemed specially necessary, such person may alter or remove the tree, soil, stone and other obstacles (hereinafter referred to as "obstacles"). <Amended on Feb. 18, 2020> |
| (2) | A person who intends to gain access to another person's land, etc. under paragraph (1) shall obtain approval from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of the Si/Gun/Gu having jurisdiction over such land, etc. and notify its owner, occupant or manager in advance of the date and place by not later than three days before the scheduled access date; provided, an administration agency may get access to other person's land, etc. without obtaining approval. <Amended on Dec. 18, 2012> |
| (3) | A person who intends to temporarily use another person's land, etc., or alter or remove the obstacles under paragraph (1) shall obtain the consent of its owner, occupant or manager; provided, where it is impossible to obtain the consent of its owner, occupant or manager, an administrative agency shall notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over such land, etc. and any person who is not an administrative agency shall obtain the prior approval of the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over such land. <Amended on Dec. 18, 2012> |
| (4) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to grant approval under the proviso to paragraph (3), he or she shall seek opinions from the relevant owner, occupant or manager in advance. <Amended on Dec. 18, 2012> |
| (5) | A person who intends to temporarily use land, etc. or alter or remove obstacles under paragraph (3) shall notify its owner, occupant or manager of such fact by not later than three days before the scheduled date to do so; provided, where the relevant owner, occupant or manager is not present at the site or his or her address or whereabouts is unknown, such notification shall be made to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over such land, etc. <Amended on Dec. 18, 2012> |
| (6) | No person may be permitted to enter a housing site or another person's land, which is surrounded by a wall or fence, without approval of the occupant of the land, etc. before sunrise and after sunset. |
| (7) | The occupant of the land, etc. shall not obstruct or refuse any act under paragraph (1) without good cause. |
| (8) | A person who intends to do an act described in paragraph (1) shall carry a certificate of permission and present it to any related person. <Amended on Dec. 18, 2012> |
| (9) | Necessary matters concerning the certificate of permission mentioned in paragraph (8) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2012; Mar. 23, 2013; Feb. 18, 2020> |
| Article 102 (Compensation for loss due to access to land) |
| (1) | Where anyone has suffered from a loss due to the acts as prescribed in Article 101(1), the person who has committed such act shall compensate for the loss. |
| (2) | As for the compensation for loss under paragraph (1), the person who will compensate shall consult with the person who has suffered from the loss concerned. |
| (3) | Where the consultation, as prescribed in paragraph (2), has not led to an agreement or where it is impossible to consult with each other, the person who will compensate or the person who has suffered from the loss concerned may apply for an adjudication by the competent Land Expropriation Committee. |
| (4) | Article 84 through 88 of the Act on Acquisition of and Compensation for Land for Public Works Projects therefor shall apply mutatis mutandis to an adjudication by the competent Land Expropriation Committee. |
| Article 103 (Expropriation or use of land) |
| (1) | Where the Minister of Land, Infrastructure and Transport finds it necessary for conducting a fundamental survey, he or she may expropriate or use land, buildings, trees, or other structures. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (2) | In so far as the expropriation or use as prescribed in paragraph (1) or compensation for loss is concerned, the Act on Acquisition of and Compensation for Land for Public Works Projects therefor shall apply. |
| Article 104 (Accepting works requests) |
Where deemed necessary for the benefit of public interest, and in so far as the performance of his or her duties is not hampered, the Minister of Land, Infrastructure and Transport may conduct surveys entrusted by the general public, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 18, 2020>
| Article 105 (Delegation and entrustment of authority) |
| (1) | Authority of the Minister of Land, Infrastructure and Transport under this Act may be partially delegated to the heads of institutions under his or her control, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Feb. 18, 2020; Jun. 10, 2022> |
| (2) | The following authority held by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, and the competent cadastral authority under this Act may be entrusted to the Korea Land Information Corporation, the Spatial Data Industry Association established under Article 24 of the Spatial Data Industry Promotion Act, or a non-profit corporation with survey-related human resources and equipment prescribed by Presidential Decree, established with the permission of the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act: <Amended on Mar. 23, 2013; Jul. 17, 2013; Jun. 3, 2014; Feb. 18, 2020; Jul. 20, 2021; Jun. 10, 2022> |
| 1. | Deleted; <Feb. 18, 2020> |
| 1-2. | Establishment and operation of the comprehensive surveying business information management system under Article 10-2; |
| 1-3. | Public notification of the business performance capabilities of surveying business persons and receipt of their performance records, etc. under Article 10-3, and the confirmation of the details thereof; |
| 2. | Examination of publication of maps, etc. under Article 15(4); |
| 2-2. | Examination of publication of high definition road maps under Article 15-2; |
| 3. | Examination of pubic survey results under Article 18(3); |
| 4. | Deleted; <Feb. 18, 2020> |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | Deleted; <Feb. 18, 2020> |
| 7. | Deleted; <Feb. 18, 2020> |
| 8. | Deleted; <Feb. 18, 2020> |
| 9. | Receipt of reports of survey technicians, maintenance and management of records, issuance of surveying technique record certificate, request for submission of related data for confirmation of the reported matters and receipt of submitted data and confirmation of place of work, career, etc. of survey technicians under Article 40; |
| 10. | Application for registration of surveying business and receipt of a report on changes under Article 44(2) and (5); |
| 10-2. | Receipt of applications for the re-issuance of a surveying business registration certificate and a surveying business registration pocketbook under Article 44(4); |
| 10-3. | Receipt of reports on succession to the status of surveying business persons under Article 46(1); |
| 10-4. | Receipt of reports on suspension, closure, etc. of surveying business under Article 48; |
| 11. | Education and training of cadastral technicians under Article 98; |
| 12. | Management of survey control points under Article 8(1) (limited to cadastral control points); |
| 13. | Receipt of the current status of markers of survey control points under Article 8(5) (limited to cadastral control points). |
| (3) | Executive officers and employees of the Korea Land Information Corporation, the Spatial Data Industry Association established under Article 24 of the Spatial Data Industry Promotion Act, or a non-profit corporation engaged in the affairs entrusted by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority under paragraph (2) shall be deemed public officials for purposes of applying Article 127 and 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2013; Jul. 17, 2013; Jun. 3, 2014; Feb. 18, 2020; Jun. 10, 2022> |
| Article 106 (Fees) |
| (1) | A person who files any of the following applications or requests shall pay fees as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Jul. 17, 2013; Feb. 18, 2020; Jul. 20, 2021; Jun. 10, 2022> |
| 1. | Application for reproduction or issuance of copy of the survey result, etc. under Article 14(2) and 19(2); |
| 2. | Application for utilization of results and records of fundamental survey under Article 15 or the maps, etc. published under Article 15(1); |
| 3. | Application for examination of publication of the maps, etc. under Article 15(4) and 15-2(1); |
| 4. | Application for permission on expatriating survey results under Article 16 or 21; |
| 5. | Request for examination of public survey results under Article 18; |
| 6. | Application for perusal of result of cadastral control point or issuance of a certified copy thereof under Article 27; |
| 7. | Deleted; <Feb. 18, 2020> |
| 8. | Deleted; <Feb. 18, 2020> |
| 9. | Application for registration of surveying business under Article 44(2); |
| 10. | Application for re-issuance of a surveying business registration certificate and a surveying business registration pocketbook under Article 44(4); |
| 11. | Deleted; <Feb. 18, 2020> |
| 12. | Deleted; <Feb. 18, 2020> |
| 13. | Application for perusal and issuance of a certified copy of cadastral record under Article 75; |
| 14. | Application for use or utilization of cadastral computerized data under Article 76; |
| 14-2. | Application for inspection of comprehensive real estate records or application for issuance of a comprehensive real estate certificate under Article 76-4; |
| 15. | Application for new registration under Article 77, application for registration conversion under Article 78, application for partition under Article 79, application for annexation under Article 80, application for land category change under Article 81, application for cancellation of registration of land engulfed by the sea under Article 82, application for scale change under Article 83, application for revision of the registered matters under Article 84 or application for land alternation in the region where urban development projects, etc. are executed under Article 86; |
| 16. | Application for performance testing of survey instruments under Article 92(1); |
| 17. | Application for registration of performance testing agent under Article 93(1); |
| 18. | Application for re-issuance of a certificate of performance testing agent under Article 93(3). |
| (2) | Any person who commissions the cadastral survey in accordance with Article 24(1) shall pay the cadastral survey fees to the relevant cadastral surveyor, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Cadastral survey fees under paragraph (2) shall be publicly notified by the Minister of Land, Infrastructure and Transport by not later than December 31 of each year. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (4) | Where the competent cadastral authority adjusts a cadastral record by investigating or surveying ex officio under the proviso to Article 64(2), the expenses incurred in conducting such investigation or survey shall be collected from the landowners as prescribed by paragraph (2); provided, the same shall not apply where any registration in the cadastral record is cancelled under Article 82. |
| (5) | Notwithstanding paragraph (1), the fees may be waived in any of the following cases: <Amended on Dec. 18, 2012; Jul. 17, 2013; Feb. 18, 2020> |
| 1. | Where the applicant under paragraph (1)1 or 2 is a public surveyor; |
| 2. | Deleted; <Feb. 18, 2020> |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Where the applicant under paragraph (1)13 is the State, a local government, or a cadastral surveyor; |
| 5. | Where the applicant under paragraph (1)14-2 or 15 is the State or a local government. |
| (6) | Where the expenses incurred under paragraphs (1) through (4) have not been paid within the period prescribed by Decree of the Ministry of Land, Infrastructure and Transport, they shall be collected in the same manner as national or local taxes in arrears are collected. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
CHAPTER V PENALTY PROVISIONS
| Article 107 (Penalty provisions) |
A surveying business person who has undermined fairness in a bid related to the surveying business by fraud, undue influence or other methods, shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. <Amended on Feb. 18, 2020>
| Article 108 (Penalty provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Feb. 18, 2020>
| 1. | A person who transfers or destroys a survey control points indicator or has damaged its effectiveness in violation of Article 9(1); |
| 2. | A person who intentionally falsifies the results of a survey; |
| 3. | A person who takes abroad a survey result in violation of Article 16 or 21; |
| 4. | A person who runs the surveying business without registering or after registering his or her surveying business by fraud or other improper means, in violation of Article 44; |
| 5. | Deleted; <Feb. 18, 2020> |
| 6. | A performance testing agent who conducts the performance testing under Article 92(1) by improper means; |
| 7. | A person who conducts the duty of performance testing agent without registering as a performance testing agent or after registering as a performance testing agent by fraud or other improper means, in violation of Article 93(1). |
| Article 109 (Penalty provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Mar. 23, 2013; Feb. 18, 2020; Jul. 20, 2021; Jun. 10, 2022>
| 1. | A person who reproduces survey results or survey records without any necessary permission obtained, in violation of Article 14(2) or Article 19(2); |
| 2. | A person who publishes, sells, or distributes maps, etc. without undergoing the examination under Article 15(4) and 15-2(1); |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | A person who conducts surveying although he or she is not a survey technician in violation of Article 39(1); |
| 5. | A survey technician who divulges confidential information he or she learned while performing his or her duties, in violation of Article 41(2); |
| 6. | A survey technician who belongs to at least two surveying business persons in violation of Article 41(3); |
| 7. | A person who lends his or her surveying business registration certificate or surveying business registration pocketbook to another person, or has caused another person to run surveying business by using his or her name or trade name, in violation of Article 49(1); |
| 8. | A person who borrows and uses other person's surveying business registration certificate or surveying business registration pocketbook, or runs the surveying business by using another person's name and trade name, in violation of Article 49(2); |
| 9. | A cadastral survey technician who receives any consideration other than cadastral survey fees under Article 106(2), in violation of Article 50(3); |
| 10. | A person who makes any of the following applications by fraud: |
| a. | Application for new registration under Article 77; |
| b. | Application for registration conversion under Article 78; |
| c. | Application for partition under Article 79; |
| d. | Application for annexation under Article 80; |
| e. | Application for land category change under Article 81; |
| f. | Application for cancellation of registration of land engulfed by sea under Article 82; |
| g. | Application for scale change under Article 83; |
| h. | Application for revision of registered matters under Article 84; |
| i. | Application for land alteration in region where development projects, etc. are executed under Article 86; |
| 11. | A person who lends his or her certificate of performance testing agent, or allows another person to conduct the duty of performance testing agent by using his or her name or trade name, in violation of Article 95(1); |
| 12. | A person who borrows and uses a certificate of performance testing agent from another person, or conducts the duty of performance testing agent by using another person's name and trade name in violation of Article 95(2). |
| Article 110 (Joint penalty provisions) |
Where the representative of a corporation, an agent, or employee of or any other person employed by the corporation or an individual commits an offense falling under any of Articles 107 through 109 in connection with the business of such corporation or individual, not only shall the violator be punished, but such corporation or individual also shall be punished by a fine under the relevant provisions; provided, the foregoing shall not apply where the corporation or the individual has not neglected to give due attention to or exercise reasonable supervision over the relevant duties to prevent such violation.
| Article 111 (Administrative fines) |
| (1) | A person who uses survey results inconsistent with those publicly notified in violation of Article 13(4) shall be subject to an administrative fine not exceeding 3 million won. |
| (2) | Either of the following persons shall be subject to an administrative fine not exceeding 2 million won: |
| 1. | A person who obstructs a survey without good cause; |
| 2. | A person who fails to undergo a performance testing of survey instrument or has undergone a performance testing by improper means, in violation of Article 92(1); |
| 3. | A person who fails to report under Article 99(1) without good cause, or who has made the said report in a false manner; |
| 4. | A person who refuses, obstructs or avoids a survey under Article 99(1) without good cause; |
| 5. | A person who obstructs or refuses access, etc. to land, etc. without good cause, in violation of Article 101(7). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | A person who makes a false report by a survey technician, in violation of Article 40(1); |
| 2. | A person who fails to make a report on changes of the registered matters of surveying business, in violation of Article 44(5); |
| 3. | A person who fails to report succession to the status of a surveying business person, in violation of Article 46(1); |
| 4. | A person who fails to report suspension of closure of survey business or who makes a false report, in violation of Article 48; |
| 5. | A person who fails to make a report on changes of registered matters of a performance testing agent, in violation of Article 93(1); |
| 6. | A person who fails to report the closure of performance testing agent business, in violation of Article 93(6); |
| 7. | A person who fails to receive education under Article 98(2) without good cause. |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a large city, or the competent cadastral authority, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Nov. 15, 2022]
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of other Acts)
The following Acts shall be repealed:
| 1. | Land Survey Act; |
| 2. | Cadastral Act; |
| 3. | Waterway Service Act. |
Article 3 (Applicability to reports such as business suspension of surveying business person)
Subparagraph 3 of Article 48 (including cases applied mutatis mutandis under Article 54(6)) shall apply beginning from the first business suspension or recommencement of business after this Act enters into force.
Article 4 (General transitional measures concerning disposition)
An act of or to an administrative agency under the previous Land Survey Act, the Cadastral Act or the Waterway Service Act as at the time this Act enters into force shall be deemed an act of or to an administrative agency under this Act.
Article 5 (Transitional measures concerning survey standards)
| (1) | Notwithstanding Article 6(1), where the Minister of Land, Transport and Maritime Affairs designates and publicly notifies, as he or she recognizes that it is inevitable to use the survey standards under previous Land Survey Act (referring to the Act prior to the amendment with Act No. 6532 on December 19, 2001) for the convenience of persons utilizing the maps or photographs for survey, etc., the previous survey standards in accordance with the following subparagraphs may be used by not later than December 31, 2009: |
| 1. | The figure and size of the earth shall be based on the Bessel value; |
| 2. | The location shall be indicated by the geographical longitude and latitude, and elevation from the mean sea level; provided, if deemed necessary, it may be indicated by the rectangular coordinate or polar coordinate; |
| 3. | The distance and area shall be indicated by the value on the horizontal section; |
| 4. | The datum of the survey shall be the starting datum of the latitude and longitude of the Republic of Korea and the standard datum for levelling of the Republic of Korea. |
| (2) | Notwithstanding Article 6(1), the previous cadastral survey standards in accordance with the following subparagraphs may be used by not later than December 31, 2020 with respect to region where the projects under Article 86(1) are not executed: |
| 1. | The figure and size of the earth shall be based on the Bessel value; |
| 2. | The horizon location shall be indicated by the geographical latitude and longitude; provided, the boundary of the parcel and neat line shall be indicated by the rectangular coordinate as at the time of producing the cadastral map; |
| 3. | The distance and area shall be indicated by the value on the horizontal section; |
| 4. | The datum of the survey shall be the starting datum of the latitude and longitude of the Republic of Korea. |
Article 6 (Transitional measures concerning previous surveys and waterway surveys)
The fundamental survey, public survey, and general survey conducted under the previous Land Survey Act before this Act enters into force and their results, and the cadastral survey conducted under the previous Cadastral Act and its result shall be deemed the fundamental survey, public survey, general survey and cadastral survey and their results under this Act, and the waterway survey conducted under the previous Waterway Service Act and its result shall be deemed the waterway survey and the results thereof under this Act.
Article 7 (Transitional measures concerning cadastral committee)
The Central Cadastral Committee and regional cadastral committee established under the previous Cadastral Act shall be deemed the Central Cadastral Committee and regional cadastral committee established under Article 28, respectively.
Article 8 (Transitional measures concerning sales agent)
A person who is designated as an agent to sell waterway publications under the previous Waterway Service Act before this Act enters into force shall be deemed the sales agent designated under Article 35(2).
Article 9 (Transitional measures concerning report of survey technician)
The report of survey technician made under the previous Land Survey Act before this Act enters into force shall be deemed a report under Article 40(1).
Article 10 (Transitional measures concerning registration of survey business and waterway business)
| (1) | The registration of surveying business made under the previous Land Survey Act before this Act enters into force and the registration of cadastral surveying business made under the previous Cadastral Act before this Act enters into force shall be deemed the registration of the relevant surveying business under Article 44, and the registration of waterway business made under the previous Waterway Service Act shall be deemed registration of waterway business under Article 54. |
| (2) | The alteration registration of the surveying business made under the previous Land Survey Act before this Act enters into force and the report on a change in the registered matters of the cadastral surveying business made under the previous Cadastral Act shall be deemed the alteration report of the registered matters of the surveying business under Article 44(4), and the alteration registration of the waterway business made under the previous Waterway Service Act shall be deemed a report on a change of registered matters of waterway business under Article 54(4). |
| (3) | The person who publishes and sells cadastral editing maps and who is registered under the previous Cadastral Act before this Act enters into force shall be deemed that who registered the relevant type of business under Article 44(1)3. |
Article 11 (Transitional measures concerning Korean Association of Surveying and Mapping and Korea Oceanographic and Hydrographic Association)
The Korean Association of Surveying and Mapping established under the previous Land Survey Act and the Korea Oceanographic and Hydrographic Association established under the previous Waterway Service Act shall be deemed the survey association and the maritime survey association respectively established under Articles 56 and 57.
Article 12 (Transitional measures concerning Korea Cadastral Corporation)
The Korea Cadastral Corporation established under the previous Cadastral Act shall be deemed the Korea Cadastral Corporation established under Article 58.
Article 13 (Transitional measures concerning Geographical Names Committee)
The City/Do Geographical Names Committee and the Si/Gun/Gu Geographical Names Committee established under the previous Land Survey Act before this Act enters into force shall be deemed to have been established under Article 91(1).
Article 14 (Transitional measures concerning performance testing of survey instruments)
A person who has undergone a performance testing of survey instruments under the previous Land Survey Act before this Act enters into force shall be deemed to have undergone a performance testing of survey instruments under Article 92.
Article 15 (Transitional measures concerning performance testing agent)
The performance testing agent who has been registered under the previous Land Survey Act before this Act enters into force shall be deemed the performance testing agent registered under Article 93(1).
Article 16 (Transitional measures concerning standards for administrative disposition)
The administrative disposition on the act of violation committed before this Act enters into force shall be governed by the previous Land Survey Act, the Cadastral Act or the Waterway Service Act in the event that the standards therefor are more toughened than the previous ones and shall be governed by this Act in the event that the standards therefor are more relaxed than the previous ones.
Article 17 (Transitional measures concerning penalty provisions and administrative fines)
In application of penalty provisions and administrative fines to any offence committed before this Act enters into force, it shall be governed by the Land Survey Act, the Cadastral Act or the Waterway Service Act.
Article 18 Omitted.
Article 19 (Relationships with other Acts)
Where the former Land Survey Act, the Cadastral Act and the Waterway Service Act or their provisions are cited in other Acts and subordinate statutes as at the time this Act enters into force, if any corresponding provisions exist in this Act, this Act or the corresponding provisions in this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 10485, Mar. 30, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on April 1, 2011.
Articles 2 through 10 Omitted.
Article 11 Omitted.
Article 12 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11062, Sep. 16, 2011>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11592, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions on a Special Self-Governing City and the Mayor thereof shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | Omitted. |
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 24 Omitted.
Article 25 Omitted.
Article 26 Omitted.
ADDENDA <Act No. 11943, Jul. 17, 2013>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of subparagraph 4 of Article 76-3 and the amended provisions subparagraph 5 of the same Article shall enter into force on July 1, 2014 and July 1, 2015, respectively.
Article 2 (Applicability to expenses for transferring markers of survey control points)
The amended provisions of Article 9(4) shall apply to the transfer of markers of survey control points conducted on or after the date this Act enters into force.
Article 3 (Transitional measures concerning incompetent persons)
The adults placed under the protection of a legal guardian or quasi-incompetent persons under the protection of a legal guardian under the amended provisions of Article 15(5)1, Article 35(3)1, subparagraph 1 of Article 47, and subparagraph 1 of Article 94 shall be deemed to include persons against whom the declaration of incompetency or quasi-incompetency remains in effect under Article 2 of the Addendum of the Civil Act as partially amended by Act No. 10429.
Article 4 (Transitional measures concerning administrative measures)
The previous provisions shall apply to administrative dispositions imposed for violations committed before this Act enters into force.
Article 5 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation; provided, the amended provisions of Articles 16 and 21 shall enter into force six months after date of its the promulgation.
Article 2 Omitted.
Article 3 (Relationship to other statutes)
Where any other statutes cite the former Act on Land Survey, Waterway Survey and Cadastral Records or any provision thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provision thereof, if any provision corresponding thereto exists in this Act.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 37 Omitted.
Article 38 Omitted.
Article 39 Omitted.
ADDENDUM <Act No. 13673, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on September 1, 2016.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force on the date of its promulgation; provided, where any statute amended by Article 5 of the Addenda was promulgated before this Act enters into force but its enforcement date has yet to arrive, the amended parts of such statute shall enter into force on the date such relevant statute enters into force. |
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDA <Act No. 14936, Oct. 24, 2017>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 16 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to report of survey technician)
The amended provisions of Article 40(6) shall apply beginning from the first arrival of the report of a survey technician at the institute in charge of receiving such report after this Act enters into force.
Article 3 (Applicability to application for cadastral computerized data)
The amended provisions of Article 76 shall apply beginning from the first application for cadastral computerized data after this Act enters into force.
ADDENDA <Act No. 15596, Apr. 17, 2018>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to revocation of registration of survey business)
The amended provisions of the proviso to Article 52(1)7 shall also apply where a surveying business person falls under Article 47(5) before this Act enters into force.
ADDENDA <Act No. 15719, Aug. 14, 2018>
Article 1 (Enforcement date)
This Act shall enter into force on December 13, 2018.
Article 2 Omitted.
ADDENDUM <Act No. 16807, Dec. 10, 2019>
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Article 91 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16812, Dec. 10, 2019>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 16912, Feb. 4, 2020>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary measures to transfer affairs)
| (1) | The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act. |
| (2) | The Committee on Autonomous Decentralization under Article 44 of the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems may specialize in investigating and evaluating required personnel and financial resources under paragraph (1). |
Article 3 (General transitional measures concerning administrative dispositions)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 17063, Feb. 18, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 16 Omitted.
Article 17 Omitted.
ADDENDA <Act No. 17224, Apr. 7, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Transitional measures concerning administrative dispositions)
The previous provisions shall apply to administrative dispositions imposed for violations committed before this Act enters into force.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 21 Omitted.
Article 22 Omitted.
Article 23 Omitted.
ADDENDA <Act No. 18310, Jul. 20, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 18384, Aug. 10, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Applicability to reporting on changes in registered matters of surveying business)
The amended provisions of Article 44(5) and (6) shall begin to apply to reports on changes in registered matters of surveying business filed on or after the date this Act enters into force.
Article 3 (Applicability to reporting on succession to status of surveying business persons)
The amended provisions of Article 46 shall begin to apply to reports on succession to the status of surveying business persons filed on or after the date this Act enters into force.
Article 4 (Applicability to reporting on changes in registered matters of performance testing agents)
The amended provisions of Article 93 shall begin to apply to reports on changes in registered matters of performance testing agents filed on or after the date this Act enters into force.
Article 5 Omitted.
ADDENDA <Act No. 18936, Jun. 10, 2022>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation; provided, the amended provisions of Article 15(4), 15-2, 105(2)2-2, and 106(1)3, and subparagraph 2 of Article 109 of the Act on the Establishment and Management of Spatial Data (Act No. 18310) shall enter into force six months after the date of the promulgation.
Article 2 (Transitional measures concerning determination of geographical names)
The previous provisions shall apply to agenda items pending in the National Geographical Names Committee or geographical names committees established in local governments as at the time this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 19047, Nov. 15, 2022>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Applicability to disposition of penalty surcharges imposed in lieu of suspension of business and disposition of business suspension)
| (1) | The amended provisions of Article 52(4) shall also apply where an order to suspend business is required in accordance with that paragraph because it falls under any subparagraph (excluding subparagraph 5) of paragraph (1) of that Article before this Act enters into force. |
| (2) | The amended provisions of Article 96(3) shall also apply where an order to suspend business operation is required in accordance with that paragraph because it falls under any subparagraph (excluding subparagraph 3) of paragraph (1) of that Article before this Act enters into force. |
ADDENDA <Act No. 20341, Feb. 20, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDUM <Act No. 20388, Mar. 19, 2024>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of the statutes to be amended in accordance with Article 7 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute and the amended provisions referred to in the following subparagraphs shall enter into force on the dates specified therein:
| 1. | The amended provisions under the following items shall enter into force on January 2, 2026; provided, the amendments to statutes amended in accordance with Article 7 of the Addenda (limited to the amendments related to the amended provisions of items a and b), which were promulgated before the enforcement date under the main clause but the enforcement dates of which have yet to arrive, shall enter into force on the respective enforcement dates of the relevant statutes: |
| a. | The amended provisions of Articles 19(4), 23, 29(1)1, and 30; |
| b. | The amended provisions of Articles 12(2), 19(3), and 22 and the proviso of Article 29(2) (limited to the parts regarding the Minister of Finance and Economy and the Ministry of Finance and Economy); |
| c. | Statutes amended in accordance with Article 7 of the Addenda (limited to the provisions related to the amended provisions of items a and b); |
| 2. | Omitted. |
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.36424 | 20260701 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.36220 | 20260324 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.35998 | 20260102 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.35811 | 20251001 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.35246 | 20250221 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.34897 | 20240920 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.34487 | 20240517 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.34431 | 20240514 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.33847 | 20231116 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.33047 | 20221211 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.32868 | 20220809 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.32697 | 20220616 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.32660 | 20220601 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.32346 | 20220118 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.32223 | 20220113 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.31607 | 20210408 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.31438 | 20210219 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.31380 | 20210105 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.31327 | 20210101 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.31212 | 20201204 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.30893 | 20200805 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.30877 | 20200730 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.30799 | 20200623 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.30775 | 20200611 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.30509 | 20200303 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.29617 | 20190314 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.29360 | 20181213 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.28832 | 20180424 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.28471 | 20180101 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.28211 | 20170726 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.27970 | 20170330 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.27960 | 20170330 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.27781 | 20170110 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.27751 | 20170101 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.26922 | 20160125 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.26844 | 20151231 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.26762 | 20151229 |
| ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF SPATIAL DATA | No.26302 | 20150604 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25942 | 20150101 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25840 | 20150101 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25811 | 20141204 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25751 | 20141119 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25621 | 20140925 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25532 | 20140807 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25456 | 20140715 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25448 | 20140708 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25359 | 20140523 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25339 | 20140429 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25104 | 20140118 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.25050 | 20140101 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.24596 | 20130611 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.24443 | 20130323 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.24317 | 20130116 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.23928 | 20120704 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.23874 | 20120625 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.23718 | 20120415 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.23332 | 20111130 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.22829 | 20110404 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.22467 | 20101102 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.22449 | 20101016 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.22424 | 20101001 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.22151 | 20100505 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.22127 | 20100423 |
| ENFORCEMENT DECREE OF THE ACT ON LAND SURVEY, WATERWAY SURVEY AND CADASTRAL RECORDS | No.21881 | 20091214 |
CHAPTER Ⅰ GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Decree is to provide for the matters that are delegated by the Act on the Establishment, Management, etc, of Spatial Data and those necessary for its enforcement. <Amended by Presidential Decree No. 26302, Jun. 1, 2015>
| Article 2 (Public Surveyor) |
"Other institutions prescribed by Presidential Decree” defined in subparagraph 3 (a) of Article 2 of the Act on the Establishment, Management, etc, of Spatial Data (hereinafter referred to as the “Act”) means institutions falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 25621, Sep. 24, 2014; Presidential Decree No. 26302, Jun. 1, 2015>
| 1. | Government-funded research institutions under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions and government-funded science and technology research institutions under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| 2. | Public institutions prescribed in the Act on the Management of Public Institutions; |
| 3. | Local government-directly operated enterprises, local government-invested public corporations and local government public corporations prescribed in the Local Public Enterprises Act; |
| 4. | Invested institutions prescribed in Article 2 (1) of the Act on Operation of Local Government-invested and Local Government-funded Institutions; |
| 5. | Project operators prescribed in subparagraph 7 of Article 2 of the Act on Public-Private Partnerships in Infrastructure; |
| 6. | Urban gas business operators under subparagraph 2 of Article 2 of the Urban Gas Business Act and facility-based service providers under Article 6 of the Telecommunications Business Act that conduct surveys on underground facilities. |
| Article 3 (Public Survey) |
"Surveys prescribed by Presidential Decree” defined 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 by Presidential Decree No. 24443, Mar. 23. 2013>
| 1. | Control surveys, topography surveys, and plane surveys, the area of survey execution region of which is not less than one square kilometer; |
| 2. | Control surveys for which the length of survey route is not less than ten kilometers; |
| 3. | Producing a map of the same scale as that of 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 not less than 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 are deemed to have a special relationship with public interests. |
| Article 4 (Type of Numerical Subject Maps) |
The type of numerical subject maps under subparagraph 10 of Article 2 of the Act shall be listed in Appendix 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), the land falling under any of the following subparagraphs may be defined as one parcel, by incorporating it into the land of main usage: |
| 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 SURVEY AND WATERWAY SURVEY
Section 1 General Provisions
| Article 6 (Special Case of Datum) |
"The regions determined by Presidential Decree, such as islands” prescribed in the proviso to Article 6 (1) 2 of the Act means the following areas: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| 1. | |
| 2. | Ulleung Island; |
| 3. | Dokdo; |
| 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 levelling 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 levelling of the Republic of Korea. |
| Article 7 (World Geodetic Reference System, etc.) |
| (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: |
| 1. | The semi-major radius and the flattening of the spheroid shall be the same as those falling under any of the following items: |
| (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 levelling of the Republic of Korea prescribed in Article 6 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 26302, Jun. 1, 2015> |
| 1. | Starting datum of the latitude and longitude of the Republic of Korea: |
| (a) | Point: Worldcup-ro 92, Youngtong-gu, Suwon-si, |
| (b) | Number: |
| (i) | Longitude: 127°03′14″.8913 E; |
| (ii) | Latitude: 37°16′33″.3659 N; |
| (iii) | Datum azimuth angle: 3°17′32″.195 (cross hair point of metal marker of the satellite station located in Seoul National University of Technology that is measured in the direction right as of true north from the starting datum); |
| 2. | Standard datum for levelling of the Republic of Korea: |
| (a) | Point: Yinha-ro 100, |
| (b) | Number: 26.6871 of height from the average sea level of the |
| (3) | The standards for rectangular coordinate prescribed in Article 6 (1) of the Act shall be listed in Appendix 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 by Presidential Decree No. 26302, 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 levelling 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) | Waterway control point: Control point that is determined based on the satellite station and cardinal datum level referred to in Article 6 (1) 3 of the Act to be used as a standard for measuring the horizontal location, height, sea level and determining the coastline in the sea at the time of conducting a waterway survey and shall be classified into a waterway survey control point, basic bench mark, and coastline control point; |
| (i) | Territorial sea control point: Control point that is determined to demarcate the territorial sea of the Republic of Korea; |
| 2. | Public control point: |
| (a) | Public triangulation point: Control point that is determined based on the national control point to be used as a standard for horizontal location 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 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 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 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 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/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) | Necessary matters concerning 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 by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 10 (Public Notification of Setting of Marker of Survey Control Point) |
Any public notification of installation of waterway control points under Article 8 (3) of the Act shall be made in such manner of publicizing the matters falling under the following subparagraphs in the Official Gazette, and a public notification of installation (including transfer, restoration, removal or destruction; hereinafter the same shall apply in this Article) of cadastral control points prescribed in Article of 8 (4) of the Act shall be made in such manner of publicizing the matters falling under the following subparagraphs in the official bulletin or Internet Homepage of the Ministry of Oceans and Fisheries:
| 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. |
| Article 10-2 (Establishment and Operation of Comprehensive Management System for Information on Survey Business) |
| (1) | The information on survey business, which is to be managed through the Comprehensive Management System for Information on Business under Article 10-2 (2) of the Act (hereinafter referred to as the "Comprehensive Management System for Information on Survey Business”), shall be as follows: |
| 1. | Capital, current status of management, performance records of survey service performance, and status of available survey technicians and equipments of survey 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; |
| 3. | Matters concerning the report, etc. of survey technicians prescribed in Article 40 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 survey business by category prescribed in Article 44 of the Act; |
| 6. | Matters concerning the succession to the status of a survey business operator prescribed in Article 46 of the Act; |
| 7. | Matters concerning the report of suspension, closure, etc. of survey business prescribed in Article 48 of the Act; |
| 8. | Matters concerning the revocation, etc. of registration of survey business concerning prescribed in Article 52 of the Act; |
| 9. | Other necessary matters concerning the management of information on survey business. |
| (2) | The Minister of Land, Infrastructure and Transport may conduct affairs falling under any of the following subparagraphs to establish and operate the Comprehensive Management System for Information on Survey Business: |
| 1. | Various kinds of R & D and technical support for the Comprehensive Management System for Information on Survey Business; |
| 2. | Standardization of the Comprehensive Management System for Information on Survey Business; |
| 3. | Promotion of the common utilization of information by means of the Comprehensive Management System for Information on Survey Business; |
| 4. | Other necessary matters concerning the establishment and operation of the Comprehensive Management System for Information on Survey Business. |
| (3) | The Minister of Land, Infrastructure and Transport may establish and operate a consultative body with the Spatial Data Industry Association under 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 Survey Business. |
| (4) | Except for matters expressly provided for in paragraphs (1) through (3), other necessary matters concerning the establishment and operation of the Comprehensive Management System for Information on Survey Business such as input standards and the methods for preserving information on survey business shall be determined and publicly announced by the Minister of Land, Infrastructure and Transport. |
[This Article Added by Presidential Decree No. 26302, Jun. 1, 2015]
| Article 10-3 (Procedures for Requesting Submission of Materials for the Purpose of Comprehensive Management of Information on Survey 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/she shall give a written notice on the following matters at least fifteen 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 Added by Presidential Decree No. 26302, Jun. 1, 2015]
| Article 10-4 (Report for Purpose of Assessment of Business Performance Capabilities for Survey Service Business) |
| (1) | Any survey business operator who intends to receive an assessment of business performance capabilities for survey service business under Article 10-3 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) | In cases falling under the following subparagraphs, notwithstanding paragraph (1), the materials referred to in paragraph (1) may be submitted until July 31 every year: |
| 1. | A case of succeeding to the status of a cadastral survey business operator pursuant to Article 46 (1) of the Act; |
| 2. | A case of making a registration pursuant to Article 44 (2) of the Act later than February 15. |
[This Article Added by Presidential Decree No. 26302, Jun. 1, 2015]
| Article 10-5 (Standards for Assessment of business performance capabilities) |
Standards for assessment of business performance capabilities under Article 10-3 (3) of the Act shall be as listed at Appendix 2-2 of this Decree.
[This Article Added by Presidential Decree No. 26302, 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/she shall make a public notification of the following matters: |
| 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 survey services; |
| 4. | The current status of holding of technical manpower and equipments; |
| 5. | The current status of the registration of survey business; |
| 6. | The current financial status including the capital stock and the ratio of net profit to net sales; |
| 7. | Content of the credit evaluation in cases of having gone through a credit evaluation conducted by a credit information company; |
| 8. | Points by item and total score of an assessment of business performance capabilities; |
| (2) | A public notification under paragraph (1) shall be made until August 31 every year in conformity with the methods prescribed by Ministerial Decree of Land, Infrastructure and Transport. |
[This Article Added by Presidential Decree No. 26302, Jun. 1, 2015]
| Article 11 (Notification, etc. of Changes in Topography and Natural Features) |
| (1) | Notification of changes in topography and natural features under Article 11 (1) of the Act shall be made by the end of every month, as prescribed by Ministerial Decree of Land, Infrastructure and Transport or Ministerial Decree of Ocean and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014> |
| (2) | If deemed necessary for confirmation the content of the notification under paragraph (1), the Minister of Land, Infrastructure and Transport or the Minister of Ocean and Fisheries may have public officials under his/her control inspect the site or request the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province or the head of a |
| (3) | The type and scale of a construction work to be notified by the public surveyor under Article 11 (2) of the Act shall be listed in Appendix 3. |
Section 2 Fundamental Survey
| Article 12 (Public Notification of Execution of Survey) |
| (1) | The public notification 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 Internet homepage of the relevant Special Metropolitan City, the Metropolitan Cities, the Special Self-Governing City, |
| (2) | The public notification under paragraph (1) shall include the following matters: |
| 1. | Type of survey; |
| 2. | Purpose of survey; |
| 3. | Execution period of survey; |
| 4. | Area where the survey is executed; |
| 5. | Other necessary matters concerning the execution of survey. |
| Article 13 (Public Notification of Survey Results) |
| (1) | The public notification of the fundamental survey results prescribed in Article 13 (1) of the Act and the notification of the public survey results prescribed in Article 18 (4) of the Act shall be made within 30 days from the date of obtaining the final results: |
| (2) | The public notification of survey results prescribed in paragraph (1) shall include the following matters: |
| 1. | Type of survey; |
| 2. | Accuracy of survey; |
| 3. | Number of survey control points set; |
| 4. | Scale of survey (area or number of pages of map); |
| 5. | Time and place of survey execution; |
| 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” referred to in Article 13 (2) of the Act means an institution which meets the requirements under Appendix 4 among those falling under any of the following subparagraphs 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 an “institution for verifying fundamental survey results”): <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | A government-funded research institution prescribed in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| 2. | A non-profit corporation related to the survey established by obtaining the approval by the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act; |
| 3. | An affiliated research institute of a school established pursuant to Article 2 of the Higher Education Act; |
| 4. | An authority entrusted with affairs concerning the examination of the public survey results pursuant to Article 105 (2) 3 of the 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 Ministerial Decree of Land, Infrastructure and Transport and apply therefor to the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, 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 notify the applicant in writing and make public notification thereof without delay. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | Necessary matters concerning the procedures for designation of an institution for verifying the fundamental survey results, the verification of the accuracy, etc. shall be prescribed by Ministerial Decree of and, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 15 (Prohibition of Indication on Maps, etc.) |
“The matters prescribed by Presidential Decree” referred to in the provisos to Articles 15 (1) and 20 of the Act means the following matters:
| 1. | Matters concerning military bases and installations under subparagraphs 1 and 2 of Article 2 of the Protection of Military Bases and Installations Act; |
| 2. | Non-public information kept confidential or the perusal of which is restricted under other Acts and subordinate statutes. |
| Article 16 (Carrying 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” prescribed in the proviso to Article 16 (1) of the Act means the following cases: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014> |
| 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 carries out of the Republic of Korea any map or other necessary published material (hereinafter referred to as “map, etc.”) or a photograph for survey in order to use it as reference material; |
| 3. | Where a map, etc, or a photograph for survey is manufactured and carried out of the Republic of Korea for the purpose of attracting tourist and advertizing tourist facilities; |
| 4. | Where a small-scale map whose scale is smaller than 1/5000 (excluding a topographical map; hereinafter the same shall apply in this Article) or other necessary published materials are carried out of the Republic of Korea; |
| 5. | With respect to a map whose scale is 1/25,000 or 1/50,000, where the security examination has been passed with the assistance of the Director of the National Intelligence Service pursuant to Article 24 (3) of the Enforcement Decree of the National Spatial Data Infrastructure Act (limited where the contour and facilities, such as power plants and gas pipelines determined and notified officially by the Minister of Land, Infrastructure and Transport is indicated in a map); |
| 6. | Where, with respect to an English version of a map whose scale is 1/25,000, the security examination under Article 24 (3) of the Enforcement Decree of the National Spatial Data Infrastructure Act has been passed. |
| (2) | "Cases prescribed by Presidential Decree including where the public survey results are mutually exchanged with foreign governments” prescribed in the proviso to Article 21 (1) of the Act means the following cases: <Added by Presidential Decree No. 25104, Jan. 17, 2014> |
| 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 carries 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 survey is manufactured and carried out of the Republic of Korea for the purpose of attracting tourist and advertizing tourist facilities; |
| 4. | Where a small-scale map whose scale is smaller than 1/5000 or other necessary published material is carried out of the Republic of Korea; |
| 5. | Where, with respect to a map whose scale is 1/25,000 or 1/50,000, the security examination has been passed with the assistance the Director of the National Intelligence Service pursuant to Article 24 (3) of the Enforcement Decree of the National Spatial Data Infrastructure Act. |
| Article 16-2 (Composition and Operation of Consultative Body of Carrying-Out of the Country) |
| (1) | The consultative body under the proviso to Article 16 (2) of the Act (hereinafter referred to as “consultative body”) shall be composed of public officials of Grade 4 or higher (including public officials in special service equivalent thereto) nominated by the heads of the agencies falling under the following subparagraphs: |
| 1. | The Ministry of Science, Information and Communications Technology (ICT); |
| 2. | The Ministry of Foreign Affairs; |
| 3. | The Ministry of Unification; |
| 4. | The Ministry of National Defense; |
| 5. | The Ministry of Security and Public Administration; |
| 6. | The Ministry of Trade, Industry and Energy; |
| 7. | The National Intelligence Service. |
| (2) | The Minister of Land, Infrastructure and Transport shall convene a meeting of the consultative body, where he/she deems it necessary to make a decision on whether or not to permit the carrying overseas of the fundamental survey results or public survey results pursuant to the proviso to Article 16 (2) of the Act and the proviso to Article 21 (2) of the Act. |
| (3) | In case of convening a meeting of the consultative body pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport shall notify the heads of the agencies falling under the subparagraphs of paragraph (1) of the date, place and agenda of the meeting at least seven day before the meeting is held. |
| (4) | The Minister of Land, Infrastructure and Transport shall notify the heads of the agencies falling under the subparagraphs of paragraph (1) of the matters determined as a result of the meeting. |
| (5) | Except for the matters referred to in paragraphs (1) through (4), necessary matters concerning the composition and operation of the consultative body shall be determined by the Minister of Land, Infrastructure and Transport. |
[This Article Added by Presidential Decree No. 25811, Dec. 3, 2014]
Section 3 Public Survey and General Survey
| Article 17 (Publication of Maps, etc.) |
| (1) | A map, etc. that the public surveyor may publish, sell or distribute by using the public survey results pursuant to Article 20 of the Act shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 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) | A public surveyor that intends to sell a map, etc. under paragraph (1) shall determine the scale, sales price, etc. of the maps, etc., and inform the Minister of Land, Infrastructure and Transport thereof, as prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
Section 4 Cadastral Survey
| Article 18 (Survey of Cadastral Current Status) |
“Other cases determined by Presidential Decree” referred to 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, etc.) |
| (1) | In the event 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=0.0262M
(“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) | In the event that 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 |
| 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) | In the event that 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. | In the event that 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. | In the event that 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, etc. 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 ten members, including one Chairperson and one Vice-Chairperson. <Amended by Presidential Decree No. 23928, 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 by Presidential Decree No. 24443, 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 by Presidential Decree No. 24443, 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/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 by Presidential Decree No. 24443, 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: |
| Article 20-2 (Exclusion, Challenge and Evasion of Members) |
| (1) | Where a member of the Central Cadastral Committee falls under any of the following subparagraphs, he/she shall be excluded from deliberation or resolution by the Central Cadastral Committee: |
| 1. | Where he/she or a person who is or was his/her spouse is the party to the relevant agenda or a joint obligee or joint obligor with the party to such agenda; |
| 2. | Where he/she is or was a relative of the party to the relevant agenda; |
| 3. | Where he/she has testified to, made a statement on or given an expert opinion on the relevant agenda; |
| 4. | Where he/she or a corporation or organization to which he/she belongs is or was an agent of the party to the relevant agenda; and |
| 5. | Where he/she has participated in disposition or omission that is the cause of the relevant agenda. |
| (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/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/she shall evade from deliberation or resolution of the relevant agenda of his/her own accord. |
[This Article Added by Presidential Decree No. 23928, 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 subparagraphs, the Minister of Land, Infrastructure and Transport may dismiss or release the said member from service: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| 1. | Where he/she is unable to perform his/her duties due to mental or physical disability; |
| 2. | Where he/she is deemed inappropriate for a member due to his/her neglect of duties, injury to dignity or for other reasons; and |
| 3. | Where he/she fails to evade from deliberation or resolution by the Central Cadastral Committee though he/she falls under any of the subparagraphs of Article 20-2 (1). |
[This Article Added by Presidential Decree No. 23928, Jul. 4, 2012]
| Article 21 (Meetings, etc. 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/her duties due to extraordinary circumstances, the vice-chairperson shall act as chairperson on his/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/her opinion, and if deemed necessary, conduct a site investigation. |
| (5) | When the chairperson convenes a meeting of the Central Cadastral Committee, he/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/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 a “cadastral technician”), among surveying technicians under the jurisdiction of such person, participate in the relevant investigation. <Amended by Presidential Decree No. 25104, Jan. 17, 2014>
| Article 23 (Composition, etc. of Regional Cadastral Committee) |
With regard to the composition and meetings, etc. of the regional cadastral committee under Article 28 (1) 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 and 21 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 Do Governor or the Governor of a Special Self-Governing Province”, 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 by Presidential Decree No. 23928, Jul. 4, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24596, Jun. 11, 2013; Presidential Decree No. 25104, Jan. 17, 2014>
| Article 24 (Request, etc. 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 Mayor of the Special Self-Governing City, the |
| 1. | A landowner or an interested person: cadastral survey results which are issued according to the consequence of a cadastral survey requested by he/her/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/ |
| Article 25 (Resolution, etc. 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/ |
| (2) | The Mayor/ |
| Article 26 (Request, etc. 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 by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014> |
| 1. | and 2. Deleted. <by Presidential Decree No. 25104, 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 by Presidential Decree No. 24443, Mar. 23, 2013> |
Section 5 Waterway Survey
| Article 27 (Performance of Waterway Survey) |
| (1) | "Construction etc. which is not larger than the scale prescribed by Presidential Decree” in the proviso to the part other than each subparagraph of Article 31 (2) of the Act means any of the following subparagraphs: <Amended by Presidential Decree No. 22127, Apr. 20, 2010; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Extraction of soil, sand, mineral, etc., throwing away dredging soil, etc. or installation or insertion of structures, such as artificial fishing reefs in a sea area, the depth of which is less than 30 meters prescribed by Ministerial Decree of Oceans and Fisheries (limited where the change of the sea depth is less than 1/100 as a result of such act); |
| 2. | Extraction of soil, sand, mineral, etc., throwing away dredging soil, etc. or installation or insertion of structure, such as artificial fishing reefs in the sea area the depth of which is more than 30 meters prescribed by Ministerial Decree of Oceans and Fisheries (limited where the change of the sea depth is less than 3/100 as a result of such act); |
| 3. | Installation or insertion of structures, such as artificial fishing reefs in the sea area, which is not used in the navigation of general vessel (limited where the change of the sea depth is less than 20/100 as a result of such act); |
| 4. | Installation of artificial fishing reefs in the sea area, where fishing ground that has received the license of village fishing industry under Article 8 (1) 6 of the Fisheries Act is located; |
| 5. | Discharge of waste under Article 23 (1) of the Maritime Environment Management Act; |
| 6. | Construction of ports conducted in the port area under subparagraph 4 of Article 2 of the Harbor Act, in the new harbor under subparagraph 1 of Article 2 of the New Harbor Construction Promotion Act or in the State fishing port and local fishing port under subparagraph 3 (a) and (b) of Article 2 of the Fishing Villages and Fishery Harbors Act (hereinafter referred to as “harbor area, etc.”), or construction accompanied by the change of coastline (limited where the length of coastline is changed to less than 50 meters as a result of the relevant construction, excluding cases where any projection or obstacle that can be a hindrance to the navigation of vessel appears as a result of construction); |
| 7. | Construction of a port conducted in the area other than the port area, etc. or construction accompanied by the change of coastline (limited where the length of coastline is changed to less than 100 meters as a result of the relevant construction, excluding where any projection or obstacle that can be the hindrance to the navigation of vessel appears as a result of construction); |
| 8. | Reclamation of public water conducted in the port area, etc., the reclaimed area of which is less than 2,500 square meters; |
| 9. | Reclamation of public water conducted in the area other than a port area, etc., the reclaimed area is less than 10,000 square meters; |
| 10. | Temporary installation of facilities or marine investigation equipment on the surface of sea or underwater (limited where necessary measures have been taken so as to avoid causing damage to navigation). |
| (2) | Items of survey per type of waterway survey with respect to construction, etc. under the subparagraphs of Article 31 (2) of the Act shall be determined by Ministerial Decree of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 28 (Inclusion, etc. of Waterway Survey Results) |
| (1) | Where the Minister of Oceans and Fisheries includes the results of waterway survey in the notice to mariners and waterway publications under Article 33 (3) of the Act, he/she shall do it without delay upon completion of the examination of the results of waterway survey. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The details included in the notice to mariners and waterway publications under paragraph (1) shall include the following matters: |
| 1. | Number and name of nautical chart; |
| 2. | Changed location of waterway publication indicated by latitude and longitude; |
| 3. | Revised drawing indicating the results of waterway survey. |
| Article 29 (Requirements for Designation of Agents to Sell Waterway Publications) |
| (1) | Agents that sell waterway publications in the form of publication among waterway publications under Article 35 (2) of the Act shall hold at least two persons who have engaged in the manufacture of waterway publications for two or more years. <Amended by Presidential Decree No. 25840, Dec. 9, 2014> |
| (2) | Agents that sell numerical publication of waterway publications under Article 35 (2) of the Act shall meet the following requirements: |
| 1. | They shall have electronic system that is able to operate numerical publications produced by the Korea Hydrographic and Oceanographic Administration in accordance with standards determined by the international organization related to waterway business and sales method using the Internet; |
| 2. | They shall have one or more persons who have engaged in the production of waterway publications for two or more years. |
| (3) | Agents that sell both waterway publications in the form of publication and numerical publications among waterway publications under Article 35 (2) of the Act shall have meet the requirements for designation under paragraph (1) and paragraph (2) 1. <Amended by Presidential Decree No. 25840, Dec. 9, 2014> |
| (4) | "Other cases prescribed by Presidential Decree” under the proviso to Article 35 (6) 1 of the Act means where the period during which the requirements for designation are not met is within six months. |
| Article 30 (Standards and Procedures for Approval, etc. of Reproduction of Waterway Publications) |
Any person who intends to reproduce a waterway publication or publish similar productions under Article 36 (1) of the Act shall submit the application prescribed by Ministerial Decree of Oceans and Fisheries, accompanied by the following documents to the Minister of Oceans and Fisheries: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| 1. | Plan for the reproduction or publication of similar productions; |
| 2. | Sample of similar productions, their print edition or explanatory note (limited to the publication of similar productions); |
| 3. | Data to verify the quantity of using original data (limited to the publication of similar productions). |
Section 6 Survey Technicians and Waterway 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, etc. of Survey Technicians) |
Qualifications and degree of survey technicians under Article 39 (2) of the Act shall be listed in Appendix 5.
| Article 32-2 (Procedures for Suspension of Business of Cadastral Technicians) |
| (1) | In cases falling under any of the following subparagraphs, 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, other than subparagraphs, of Article 42 (1) of the Act: <Amended by Presidential Decree No. 26302, Jun. 1, 2015> |
| 1. | Where the Minister of Land, Infrastructure and Transport discovers (including where he/she has received a notification from the competent cadastral authority) any of cases referred to in the subparagraphs of Article 42 (1); |
| 2. | Where the Mayor/ |
| (a) | and (b) Deleted. <by Presidential Decree No. 26302, 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 ant 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/ |
[This Article Added by Presidential Decree No. 25104, Jan. 17, 2014]
| Article 33 (Qualifications, etc. of Waterway Technicians) |
Qualifications and degree of waterway technicians under Article 43 (2) of the Act shall be listed in Appendix 6.
Section 7 Survey Business and Waterway Business
| Article 34 (Type of Survey Business) |
| (1) | “Other type of business prescribed by Presidential Decree, such as aerial photography, production of maps, etc.” under Article 44 (1) 3 of the Act shall be as follows: |
| 1. | Public survey business; |
| 2. | General survey business; |
| 3. | Coastline survey business; |
| 4. | Aerial photography business; |
| 5. | Business of drawing spatial images; |
| 6. | Image processing business; |
| 7. | Numerical map production business; |
| 8. | Production of maps; |
| 9. | Survey business of underground facilities. |
| (2) | The details of business per type of survey business shall be listed in Appendix 7. |
| Article 35 (Registration, etc. of Survey Business) |
| (1) | Geodetic survey business referred to in Article 44 (1) 1 of the Act and survey 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 survey business referred to in Article 44 (1) 2 of the Act and survey 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 Mayor of the Special Self-Governing City, or the |
| (2) | Any person who intends to have his/her survey business registered in accordance with paragraph (1) shall file a written application (including a written application in a form of electronic documents) determined by Ministerial Decree of Land, Infrastructure and Transport, accompanied by documents (including electronic documents) falling under the following subparagraphs, with the Minister of Land, Infrastructure and Transport or the Mayor/ |
| 1. | Documents falling under the following items to certify that the applicant holds technical personnel under Appendix 8: |
| (a) | A list of survey technicians in his/her possession; |
| (b) | A career certificate on surveying technique (limited to a certificate for which one month has not passed after the date of its issuance) of personnel referred to in item (a); |
| 2. | Documents falling under the following items to certify that the applicant holds equipment and devices under Appendix 8: |
| (a) | A statement detailing equipment and devices in his/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) | The Minister of Land, Infrastructure and Transport or the Mayor/ |
| 1. | Business registration certificate or certified copy of corporate register (limited to a corporation); |
| 2. | National technical qualifications under the National Technical Qualifications Act (limited to an information processing technician). |
| (4) | Upon receipt of an application for the registration of survey business in accordance with paragraph (2), the Minister of Land, Infrastructure and Transport or the Mayor/ |
| (5) | Where the Minister of Land, Infrastructure and Transport or the Mayor/ |
| (6) | The Minister of Land, Infrastructure and Transport or the Mayor/ |
| Article 36 (Standards for Registering Survey Business) |
| (1) | The standards for registering the survey business shall be listed in Appendix 8. |
| (2) | Any person who intends to register the aerial photography business shall not only satisfy the standards for registration listed in Appendix 8, but also register the business of using an aircraft under the Aviation Act. |
| Article 37 (Change of Registered Matters) |
| (1) | Where any person who has registered the survey business has changed the registered matters falling under any of the following subparagraphs among registered matters, he/she shall report on a change in registered matters as prescribed by Ministerial Decree of Land, Infrastructure and Transport within 30 days from the date when such change takes place pursuant to Article 44 (4) of the Act: |
| 1. | The seat of the main business office or branch office; |
| 2. | The trade name thereof; |
| 3. | The representative thereof; |
| 4. | The technical personnel thereof. |
| (2) | Any person who has registered not less than survey business changes the registered matters under paragraph (1) 1 through 3 and the agency he/she has registered with under Article 35 (1) is identical, he/she may report them simultaneously. |
| Article 38 (Re-issuance of Registration Certificates, etc.) |
Where any survey business operator loses his/her survey business registration certificate or survey business registration pocketbook or it is so damaged that it can no longer be used as a certificate or pocketbook, he/she shall file an application with the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor for the re-issuance thereof. In such cases, a written explanation of the ground shall be attached in case of misplacing it. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26302, Jun. 1, 2015>
| Article 39 (Informatization Business, etc. by Utilizing Cadastral Compu- terized Data) |
Information business by utilizing cadastral computerized data under Article 45 of the Act shall include business falling under each subparagraph:
| 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 of Status of Survey Business Operator) |
| (1) | Written reports on the succession of status of survey business operator under Article 46 (2) of the Act shall be made to the agency where he/she has registered with under Article 35 (1). |
| (2) | The procedures for reporting under paragraph (1) shall be prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 41 (Guarantee of Liability for Damage Indemnification) |
| (1) | A cadastral surveyor shall purchase a guarantee insurance in order to be covered for the liability for compensation for damage pursuant to Article 51 of the Act in accordance with the following divisions :<Amended by Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 26302, Jun. 1, 2015> |
| 1. | A cadastral survey business operator: a guarantee insurance the coverage period of which is not less than ten years and the coverage amount of which is not less than 100 million won; |
| 2. | The Korea Land and Geospatial Informatix Corporation: under Article 12 of the Basic Act on National Spatial Data Infrastructure: a guarantee insurance the coverage amount of which is not less than two billion won. |
| (2) | Any cadastral survey business operator shall purchase a guarantee insurance under paragraph (1) 1 within ten days from the date on which he/she takes delivery of a cadastral survey business registration certificate and when he/she insures himself/herself for it, he/she shall submit a document attesting his/her guarantee insurance policy to the Mayor/ |
| Article 42 (Shift of Insurance) |
| (1) | In the event that any cadastral surveyor who has already insured himself/herself for the guarantee insurance under Article 51 of the Act intends to shift his/her original guarantee insurance to other guarantee insurance, he/she shall insure himself/herself for other guarantee insurance during the period in which the effect of his/her original guarantee insurance remains valid and effective and submit a document attesting the fact to the Mayor/ |
| (2) | In the event that any cadastral surveyor who has insured himself/herself for the guarantee insurance intends to re-insure himself/herself for the guarantee insurance due to the expiration of his/her previous guarantee insurance, he/she shall insure himself/herself again for the guarantee insurance by or before the date on which the previous guarantee insurance expires and submit a document attesting the fact to the Mayor/ |
| Article 43 (Payment of Insurance Money) |
| (1) | Where any client of cadastral survey service intends to be paid the insurance money as compensation for damage under Article 51 (1) of the Act, he/she shall bring a damage claim, accompanied by copies of the indemnity agreement that is concluded between the relevant client of the cadastral survey service and the relevant cadastral surveyor, the compromise protocol and the copy of the written final judgment given by the court or other documents of effects corresponding thereto to the relevant insurance company. |
| (2) | Where any cadastral surveyor indemnifies for loss with the insurance money, he/she shall re-insure himself/herself without delay for the guarantee insurance and submit a document attesting to the fact to the Mayor/ |
| (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). <Added by Presidential Decree No. 25104, Jan. 17, 2014> |
| Article 44 (Temporary Failure to Meet Registration Standards) |
“Where he/she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree” under the proviso to 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 Appendix 8. <Amended by Presidential Decree No. 23874, Jun. 25, 2012; Presidential Decree No. 25104, Jan. 17, 2014>
| Article 45 (Type of Waterway Business) |
| (1) | “Business prescribed by Presidential Decree” under Article 54 (1) of the Act means the waterway business falling under any of the following subparagraphs: |
| 1. | Hydrographic survey business; |
| 2. | Oceanographic observation business. |
| (2) | The details of business per type of waterway business shall be listed in Appendix 9. |
| Article 46 (Registration of Waterway Business) |
| (1) | A person who intends to register waterway business under Article 54 (1) of the Act shall submit an application determined by Ministerial Decree of Oceans and Fisheries (including an application in electronic documents), accompanied by the following documents (including electronic documents) to the Minister of Oceans and Fisheries: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014> |
| 1. | Documents falling under any of the following to certify that the applicant holds technical personnel under Appendix 10: |
| (a) | List of waterway technicians in his/her possession; |
| (b) | Copy of waterway technique record certificate of a person referred to in item (a); |
| 2. | Documents falling under any of the following to verify the fact that he/she possesses equipment and devices under Appendix 10: |
| (a) | A statement detailing equipment and devices in his/her possession; |
| (b) | Copies of performance testing certificate of equipment and devices referred to in item (a). |
| (2) | Upon receipt of any application for registration under paragraph (1), the Minister of Oceans and Fisheries shall confirm the business registration certificate or a certificate of registered matters of a corporation (limited to a corporation) through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: |
| (3) | The Minister of Oceans and Fisheries shall accept registration unless an application for registration under paragraph (1) falls under any of the following subparagraphs: <Amended by Presidential Decree No. 23332, Nov. 30, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where a person who files an application for registration falls under any of the subparagraphs of Article 47 of the Act; |
| 2. | Where a person who files an application for registration fails to satisfy standards for registration of waterway business under Appendix 10; |
| 3. | Where a person who files an application for registration violates restrictions under the Act, this Decree or other Acts and subordinate statutes. |
| (4) | Where the Minister of Oceans and Fisheries accepts registration pursuant to paragraph (3), he/she shall issue a certificate of registration of waterway business and a pocketbook of registration of waterway business. <Added by Presidential Decree No. 23332, Nov. 30, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| (5) | Where the Minister of Oceans and Fisheries deems that an application for registration of waterway business under paragraph (1) is not proper for standards for registration of waterway business referred to in the subparagraphs of paragraph (3), he/she shall notify an applicant of such decision. <Amended by Presidential Decree No. 23332, Nov. 30, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| (6) | Where the Minister of Oceans and Fisheries accepts registration pursuant to Article 54 (1) of the Act, he/she shall make public notification thereof. <Amended by Presidential Decree No. 23332, Nov. 30, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| (7) | Articles 37, 38 and 40 shall apply |
| Article 47 (Registration Standards for Waterway Business) |
Registration standards for waterway business under Article 54 (2) of the Act shall be listed in Appendix 10.
| Article 48 (Standards, etc. for Consideration of Survey and Waterway Survey) |
| (1) | The standards for consideration under Article 55 (1) of the Act shall be prescribed by the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (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 or the Minister of Oceans and Fisheries determines the standards for consideration under paragraph (1), he/she shall publicly notify them in the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
Section 8 Survey Association
| Article 49 Deleted. <by Presidential Decree No. 26302, Jun. 1, 2015> |
| Article 50 (Matters Entered in Articles of Association of Maritime Survey Association) |
The articles of association of the maritime survey association under Article 57 (5) of the Act shall contain the matters falling under each of the following subparagraphs:
| 1. | Purpose; |
| 2. | Name; |
| 3. | The location of its principal office; |
| 4. | Matters concerning executives and employees; |
| 5. | Matters concerning directors meeting; |
| 6. | Matters concerning projects; |
| 7. | Matters concerning organization and operation; |
| 8. | Matters concerning budgets and accounting; |
| 9. | Matters concerning amendment to the articles of association; |
| 10. | Other necessary matters. |
| Article 51 (Public Notification on Approval of Establishment of Association) |
Where the Minister of Oceans and Fisheries has approved the establishment of the Korea Oceanographic and Hydrographic Association pursuant to Article 57 (4) of the Act, he/she shall publicly notify the important content of such approval in the Official Gazette or a daily newspaper, or the Internet homepage of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 26302, Jun. 1, 2015>
| Article 52 (Guidance and Supervision of Association) |
| (1) | The Minister of Oceans and Fisheries shall guide and supervise the conduct of business affairs of the Korea Oceangraphic and Hydrographic Association. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 26302, Jun. 1, 2015> |
| (2) | If deemed necessary for the guidance and supervision under paragraph (1), the Minister of Oceans and Fisheries may either have an official under his/her control make an on-the-spot confirmation or demand the Korea Oceangraphic and Hydrographic Association to submit the relevant materials. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 26302, Jun. 1, 2015> |
Section 9 Korea Cadastral Survey Corporation
| Article 53 Deleted. <by Presidential Decree No. 26302, Jun. 1, 2015> |
CHAPTER Ⅲ CADASTRE OF LAND
Section 1 Registration of Land
| Article 54 Deleted. <by Presidential Decree No. 25104, Jan. 17, 2014> |
| Article 55 (Standards for Decision of Ground Boundaries, etc.) |
| (1) | The standards for decision of ground boundaries under Article 65 (1) of the Act shall be governed by the following standards:<Amended by Presidential Decree No. 25104, Jan. 17, 2014> |
| 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) on the ground boundary points: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25104, 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; |
| 3. | Where the land is intended to be divided according to the urban or |
| 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 related Acts and subordinate statutes. |
| (4) | Any ground boundary demarcated by partitioning shall be determined so as not to cross any ground structure: |
| 1. | Where a final judgement has been rendered by the court; |
| 2. | Where any land falling under subparagraph 1 of Article 87 of the Act is divided; |
| 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 by Presidential Decree No. 25104, Jan. 17, 2014> |
| Article 56 (Constitution of Parcel Number, and Method of Numbering, etc.) |
| (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 means listed in any of the following subparagraphs: <Amended by Presidential Decree No. 25104, 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: |
| (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 parcel numbers under the following items: |
| (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. | Where it falls under any of the following items, a parcel number shall be set by applying subparagraph 5 mutatis mutandis: |
| (a) | Where an alteration of parcel numbers is made within the parcel numbering region under Article 66 (2) of the Act; |
| (b) | Where a parcel number is newly set following the reorganization of administrative areas under Article 85 (2) of the Act; |
| (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 Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 57 (Application, etc. for Approval of Parcel Number Changes) |
| (1) | The competent cadastral authority shall, when it intends to change the parcel number pursuant to Article 66 (2) of the Act, submit to the Mayor/ |
| (2) | The Mayor/ |
| Article 58 (Classification of Land Categories) |
Classification of land categories under Article 67 (1) of the Act shall be governed by the criteria listed in the following subparagraphs:
| 1. | Dry paddy-field: |
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”;
| 2. | 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”;
| 3. | Orchard: |
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”;
| 4. | Pasture site: |
The land falling under each of the following items 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;
| (b) | Site such as a stable in which livestock under subparagraph 1 of Article 2 of the Livestock Industry Act are reared; |
| (c) | Site for attached facilities which are connected to the land under items (a) and (b); |
| 5. | Forestry: |
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”;
| 6. | Mineral spring site: |
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 spec- ified place, shall be excluded;
| 7. | Saltern: |
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;
| 8. | Building site: |
The land falling under any of the following items shall be classified as “building site”:
| (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; |
| (b) | Land at which the work for site creation under related Acts and subordinate statutes, such as the National Land Planning and Utilization Act, has been completed; |
| 9. | Factory site: |
The land falling under any of the following items shall be classified as “factory site”:
| (a) | Site for the factory facilities at which a manufacturing business |
is operated;
| (b) | Land at which the work for factory site creation under related Acts and subordinate statutes, such as the Industrial Cluster Development and Factory Establishment Act, has been completed; |
| (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); |
| 10. | School site: |
The site for a school building and the appertainment facilities, such as physical training area, connected thereto, shall be classified as “school site”;
| 11. | Parking lot: |
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 the facilities falling under any of the following items shall be excluded:
| (a) | On-road parking lot and attached parking lot (excluding the appertainment parking lot installed in the neighborhood of the building site of the facilities under Article 19 (4) of the Parking Lot Act) under subparagraph 1 (a) and (c) of Article 2 of the Parking Lot Act; |
| (b) | Goods distribution place and outdoor exhibit place which are set up for the sale of automobiles, etc.; |
| 12. | Gas station site: |
Land falling under any of the following items 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, or liquefied petroleum gas, etc.; |
| (b) | Site for the oil reservoir and crude oil storage, and site for the appertainment facilities connected thereto; |
| 13. | Warehouse site: |
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”;
| 14. | Road: |
Land falling under any of the following items 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 Acts and subordinate statutes, 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; |
| 15. | Railway site: |
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”;
| 16. | Bank: |
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”;
| 17. | River: |
Land on which water flows naturally or is expected to flow, shall be classified as “river”;
| 18. | Ditch: |
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”;
| 19. | Marsh: |
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”;
| 20. | Fish-farm: |
Site equipped with the facilities which are artificially installed on land for propagating or breeding the marine life, and site for the appertainment facilities connected thereto, shall be classified as “fish-farm”;
| 21. | Water supply site: |
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”;
| 22. | Park: |
Land equipped with facilities used for the general public’s living for health, relaxation and sentiment, determined and publicly announced as a park or green tract of land by the National Land Planning and Utilization Act, shall be classified as “park”;
| 23. | Gymnasium site: |
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 appertainment 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, and camping ground, etc. in the forests, all of which fall short of the permanence and independency as physical training facilities, shall be excluded;
| 24. | Recreation area: |
Land for the swimming pool, pleasure boat resort, fishing spot, playground for children, zoological garden, botanical garden, folk village, race course, 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;
| 25. | Religious site: |
Site for the structures such as the church, Buddhist temple, Confu- cian 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”;
| 26. | Historic 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;
| 27. | Graveyard: |
Land where a corpse or remains is buried, the land determined and publicly announced as the cemetery park under the Urban Parks, Green Areas, etc. Act, and the charnel house facility under subparagraph 9 of Article 2 of the Act on Funeral Services, Etc., 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”;
| 28. | Miscellaneous land: |
Land falling under any of the following items 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 mar- ket, airfield, well for public use; |
| (b) | Site for the substation, transmitting station, receiving station, oil supply facilities, slaughterhouse, driver training school, waste and filth treating equipment, etc. from among permanent buildings; |
| (c) | Land which does not belong to other land categories. |
| Article 59 (Method, etc. of Determination of Land Category) |
| (1) | Determination of land category under Article 67 (1) of the Act shall be made by the following methods: |
| 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 Measure- ment Calculation) |
| (1) | Method of determining the area shall be governed by any of the fol- lowing subparagraphs: |
| 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: |
| 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: |
| (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 com- pute 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: |
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 at the time of destruction, loss or damage: |
| (2) | Necessary matters concerning the related data and procedures for restoring cadastral records under paragraph (1) shall be prescribed by Ministerial Decree of Land, Infrastructure and Transport.<Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 62 (Utilization, etc. 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 private life 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 for 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/she files an application for approval: |
| (4) | The Minister of Land, Infrastructure and Transport, the Mayor/ |
| 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/ |
| (6) | Any person who has obtained approval for use or utilization of the cadastral computerized data under paragraph (5) shall pay the fees fixed by Ministerial Decree of Land, Infrastructure and Transport: |
| Article 62-2 (Matters to Be Registered in Comprehensive Real Estate Records) |
"Matters prescribed by Presidential Decree” prescribed in subparagraph 5 of Article 76-3 of the Act means rights on real estate under Article 48 of the Registration of Real Estate Act.
[This Article Added by Presidential Decree No. 25104, Jan. 17, 2014]
| Article 62-3 (Correction of Registered Matter of Comprehensive Real Estate Records, etc.) |
| (1) | In order to correct any registered matter of the comprehensive real estate records under Article 84 of the Act which applies |
| (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) | Necessary matters concerning 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 Added by Presidential Decree No. 25104, Jan. 17, 2014]
Section 3 Application for Land Alternation, Cadastral Adjustment, etc.
| Article 63 (Application for New Registration) |
Where any landowner intends to file an application for new registration under Article 77 of the Act, he/she shall submit to the competent cadastral authorities an application indicating the ground for new registration, along with the documents prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 64 (Application for Registration Conversion) |
| (1) | The land, for which an application for registration conversion prescribed in Article 78 of the Act may be filed, shall be the one whose category shall be altered due to any form and quality alteration of the land or approval for the use of structures under related Acts and subordinate statutes, such as the Management of Mountainous Districts Act and the Building Act. |
| (2) | In case of falling under any of the following subparagraphs, an application for registration conversion may be filed without any alteration of land category, notwithstanding paragraph (1): <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| 1. | Where it is deemed unreasonable that the remaining land is continuously registered on the forestry map, as the majority of land has been under a registration conversion; |
| 2. | 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; |
| 3. | Where the land is partitioned along the urban or |
| (3) | Where any landowner intends to file an application for registration conversion under Article 78 of the Act, he/she shall submit to the competent cadastral authorities an application indicating the ground for registration conversion, along with the documents prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 65 (Application for Partitioning) |
| (1) | The case where any application for partitioning may be filed under Article 79 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 25104, Jan. 17, 2014> |
| 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. | In case of having obtained permission for a development activity which contains the partitioning of land pursuant to any relevant Act or subordinate statue. |
| (2) | Where any landowner intends to file an application for the partitioning of land under Article 79 of the Act, he/she shall submit an application indicating the ground for partitioning to the competent cadastral authorities, along with the documents prescribed by Ministerial Decree of Land, Infrastructure and Transport. In such cases, where he/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) of the Act shall be concurrently submitted. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 66 (Application for Annexation) |
| (1) | Any landowner shall, when he/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) | For the purpose of Article 80 (2) of the Act, “other lands prescribed by Presidential Decree” means the lands with different land categories, such as the factory site, school site, railway site, water supply site, park, and gymnastic site. |
| (3) | For the purpose of Article 80 (3) 3 of the Act, “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” means cases falling under each of the following subparagraphs: |
| 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 continuous; |
| 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: |
| 5. | Where the shares of co-ownership by owner of the land intended for an annexation are different, or the domiciles of owners 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. |
| 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: |
| 1. | Where the work, such as the change of forms and qualities of land under related Acts and subordinate statutes, such as the National Land Planning and Utilization Act, has been completed; |
| 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/she shall submit an application indicating the cause for land category change to the competent cadastral authorities, along with a document prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, 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 |
| (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 at the time of cancellation of the registration. |
| (3) | When the registered matters in the cadastral record have been cancelled 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/she shall submit to the competent cadastral authorities an application that indicates the grounds for scale change, along with the documents prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, 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/ |
| 1. | Grounds for scale changes; |
| 2. | Deleted. <by Presidential Decree No. 22467, Nov. 2, 2010> |
| 3. | Details such as parcel number, etc.; |
| 4. | Letter of consent of landowners under Article 83 (3) of the Act; |
| 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/ |
| (2) | The Mayor/ |
| Article 71 (Public Notice, etc. of Performing Scale Changes) |
| (1) | Where the competent cadastral authority has obtained approval for scale changes from the Mayor/ |
| 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 notice under paragraph (1) shall be put up, so as to make it viewable by the residents, on the bulletin board of |
| (3) | Landowners or occupants within the area to perform scale changes shall install the boundary point markers as prescribed by Ministerial Decree of Land, Infrastructure and Transport on the boundaries occupied by them as of the date of public notice of performance, within 30 days from the date on which the public notice of performance is made (hereinafter referred to as “public notice day of performance”). <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 72 (Indication, etc. 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 to 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) | Necessary matters concerning the procedures for scale changes and the method of determining area prescribed in paragraph (3) shall be prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, 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 notice day of performance with the area after the survey.
| Article 74 (Suspension of Adjustment, etc. 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 notice 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: |
| 1. | Where the increased or decreased area by parcel is within the limit of allowable scope under Article 19 (1) 2 (a): |
| 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 sentence of paragraph (1), the amount per square meter by parcel number (hereinafter referred to as the “amount per square meter by parcel number”) shall be determined by going through a resolution by the Scale Change Commit- tee. 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 the date of public notice 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 notice of the purport that the liquidation money has been determined for not less than 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 liquida- tion 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 15 (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 |
| Article 76 (Payment Notice, etc. 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 notified 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 three months from the date of receiving such notice. |
| (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 Notice of Scale Changes) |
| (1) | The competent cadastral authority shall, when the payment or disbursement of liquidation money has been completed, make without delay a final public notice of scale changes. |
| (2) | The competent cadastral authority shall, when it has made a final public notice under paragraph (1), promptly 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 notice under para- graph (1). |
| Article 79 (Composition, etc. of Scale Change Committee) |
| (1) | The Scale Change Committee shall be comprised of not less than five but not more than ten 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: |
| Article 80 (Functions of Scale Change Committee) |
The Scale Change Committee shall examine and resolve the matters falling under each of the following subparagraphs, 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 de- cision with a concurrent vote of a majority of members present. |
| (3) | The chairperson shall, when he/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, etc. of Registered Matters) |
| (1) | The cases where the competent cadastral authority may make any inspection and survey |
| 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 at the time of pre- paring or repreparing the cadastral record; |
| 5. | Where any adjustment has been made differently from the results of cadastral survey; |
| 6. | Where any registered matter in the cadastral record shall be re- vised under Article 29 (10) of the Act; |
| 7. | Where any registered matter in the cadastral record have been erroneously input; |
| 8. | Where any notification has been made under Article 37 (2) of the Registration of Real Estate Act; |
| 9. | Where any erroneous conversion of area has been made under Article 3 of the Addenda of 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: |
| Article 83 (Scope and Report of Land Development Projects, etc.) |
| (1) | “Other land development project as prescribed by Presidential Decree” prescribed in Article 86 (1) of the Act means the following projects: <Amended by Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 25942, Dec. 30, 2014> |
| 1. | Housing construction projects under the Housing Act; |
| 2. | Housing site development projects under the Housing Site Development Promotion Act; |
| 3. | Industrial complex development projects under the Industrial Sites and Development Act; |
| 4. | Consolidation projects under Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Residents; |
| 5. | Regional development projects under the Act on Regional Development and Support; |
| 6. | Land development projects for the installation of sports facilities under the Installation and Utilization of Sports Facilities Act; |
| 7. | Development of tourist facilities complexes under the Tourism Promotion Act; Public Waters Management and Reclamation Act |
| 8. | Reclamation projects under the Public Waters Management and Reclamation Act; |
| 9. | Port development projects under the Harbor Act and the New Harbor Construction Promotion Act; |
| 10. | Projects for creation of bogeumjari housing districts under the Act on the Construction of Bogeumjari Housing, etc.; |
| 11. | Development projects under the Act on the Development and Management of Logistics Facilities and the Act on Designation and Management of Free Economic Zones; |
| 12. | Construction projects for high-speed railroads, general railroads and wide-area railroads under the Railroad Construction 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, etc. of Cadastral Record) |
| (1) | Where the cadastral record falls under any of the following subparagraphs, 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: |
| 1. | Where any parcel number is changed under Article 66 (2) of the Act; |
| 2. | Where the cadastral record is restored under Article 74 of the Act; |
| 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) | Necessary matters concerning 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 Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 85 (Notification of Cadastral Adjustment, etc.) |
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 and Marine Geographical Names) |
The public notice of geographical names under Article 91 (2) of the Act and the public notice of marine geographical names under Article 91 (5) of the Act shall contain the following matters:
| 1. | Geographical names or marine geographical names established or changed; |
| 2. | Location (to be indicated by administration area); |
| 3. | Location (to be indicated by latitude and longitude) or scope. |
| Article 87 (Composition of National Geographical Names Committee) |
| (1) | The National Geographical Names Committee under Article 91 of the Act shall be comprised of not more than 30 members, including one Chairperson and two Vice-Chairpersons. |
| (2) | The Chairperson of the National Geographical Names Committee shall be elected from among those who are not public officials of members commissioned under paragraph (3) and the Vice-Chairperson shall be served by the President of the National Geographic Information Institute and the President of the Korea Hydrographic and Oceanographic Administration. |
| (3) | Members other than the Chairperson and the Vice-Chairperson shall fall under any of the following subparagraphs and be commissioned by the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Three people in charge of the duties of surveys, cadastres of land, or waterways as public officials of Grade Ⅳ or higher who belong to the Ministry of Land, Infrastructure and Transport or the Ministry of Oceans and Fisheries; |
| 2. | One person recommended by each relevant Minister as a public official of Grade Ⅳ or higher who belongs to the Ministry of Foreign Affairs, the Ministry of National Defense and the Ministry of Government Administration and Home Affairs; |
| 3. | Any person that is recommended by the Minister of Education as a public official of Grade Ⅳ or higher in charge of the duties of publication of textbooks in the Ministry of Education or school inspector; |
| 4. | Any person that is recommended by the Minister of Culture, Sports and Tourism as a public official of Grade Ⅳ or higher in charge of the duties of management of cultural property or policy on Korean language in the Ministry of Culture, Sports and Tourism; |
| 5. | Any person that is recommended by the principal of the National Institute of Korean History from among the senior education research officials of the National Institute of Korean History; |
| 6. | Not more than 18 people that fall under any of the following items and are appointed or commissioned by the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries from among those who have abundant knowledge and experience of geographical names: |
| (a) | Person who has worked in the area related to geographical names, such as geography, oceanography and Korean literature for more than five years and who is an associate professor or higher in a school under Article 2 of the Higher Education Act; |
| (b) | A researcher who has worked for any research institute related to geographical name, such as geography, oceanography and Korean literature for more than five years; |
| (c) | Any person that is recommended by the non-profit organization under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act and whose research performance of the area related to geographical names, such as geography, oceanography and Korean literature is deemed equivalent to the standards referred to in items (a) and (b). |
| (4) | The term of office of the members referred to in paragraph (3) 6 shall be three years and the term of office of a substitute member filling a vacancy shall be the remainder of his/her predecessor's term of office. |
| (5) | Where it is necessary for smooth operation of the National Geographical Names Committee, the Chairperson may set up and operate a subcommittee. |
| Article 88 (Composition of Local Geographical Names Committee) |
| (1) | The City/ |
| (2) | The Chairperson of the City/ |
| (3) | The Chairperson of the |
| (4) | The number of members who are not public officials shall be five or more in the City/ |
| Article 89 (Duties, etc. of Chairperson) |
| (1) | The chairperson of the National Geographical Names Committee, the City/ |
| (2) | The vice-chairperson shall assist the chairperson and act as chairperson on his/her behalf where the chairperson is unable to perform his/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. |
| Article 90 (Meetings) |
| (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 two executive secretaries and the City/ |
| (2) | The executive secretary of the National Geographical Names Committee shall be served by the director who is in charge of the duties of geographical names and marine geographical names of the National Geographic Information Institute and the Korea Hydrographic and Oceanographic Administration and the executive secretaries of the City/ |
| Article 92 (Allowances, etc.) |
| (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: |
| (2) | Allowances and travel expenses may be paid to the members of the City/ |
| Article 93 (Site Inspection, etc.) |
The chairperson of the geographical names committee may, where it is necessary to establish and change the geographical names or marine geographical names or deliberate or decide upon other important matters, 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.
| Article 94 (Minutes of Meetings) |
The executive secretary shall prepare and keep minutes of meetings.
| Article 95 (Report) |
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 Ministerial Decree of Land, Infrastructure and Transport or Ministerial Decree of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 96 (Detailed Operation Regulations) |
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 Test, Cycle, etc.) |
| (1) | Survey equipment and devices subject to performance testing under Article 92 (1) of the Act and the test cycle shall be as follows: |
| 1. | Transit (theodolite): Three years; |
| 2. | Level: Three years; |
| 3. | Distance estimator: Three years; |
| 4. | Total station: Three years; |
| 5. | GPS receiver: Three years; |
| 6. | Metal pipe and cable locator: Three years. |
| (2) | A performance testing (excluding a new performance testing) prescribed in Article 92 (1) of the Act shall be conducted for a period from two months before the expiration date of the effective period of a performance testing under paragraph (1) until such expiration date. <Amended by Presidential Decree No. 26302, Jun. 1, 2015> |
| (3) | The effective period of a performance testing shall be counted from the date immediately after the expiration date of the immediately preceding effective period: |
| 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 Appendix 11.
| Article 99 (Temporary Failure to Meet Registration Standards) |
"Where he/she has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree” prescribed in the proviso to 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 Appendix 11. <Amended by Presidential Decree No. 23874, Jun. 25, 2012; Presidential Decree No. 25104, Jan. 17, 2014>
| Article 100 (Policies for Development of System) |
The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries shall promote the policies falling under any of the following subparagraphs under Article 97 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| 1. | Informatization and standardization of numerical reliefs, cadastre of land and waterway information; |
| 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. | Investigation and research of change of marine environment and bottom topography; |
| 6. | Other necessary matters concerning the survey, waterway survey and development of cadastral system determined and notified by the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries. |
| Article 101 (Research Institute) |
“The related specialized institution determined by Presidential Decree” prescribed in Article 97 (2) of the Act means any of the following institutions: <Amended by Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 26302, Jun. 1, 2015>
| 1. | The government-funded research institutions under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions and the government-funded science and technology research institutions under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| 2. | The affiliated research institute of university established under the Higher Education Act; |
| 3. | The Spatial Data Industry Association established under Article 56 of the Act; |
| 4. | Marine survey association established under Article 57 of the Act; |
| 5. | The Korea Land and Geospatial Informatix Corporation. |
| 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 the matters falling under each subparagraph, to the competent Land Expropriation Committee, as prescribed by Ministerial Decree of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Name and address of the applicant for adjudication and the other party; |
| 2. | Type of survey; |
| 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 thirty days from the day when he/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 his/her authority falling under the following subparagraphs to the President of the National Geographic Information Institute pursuant to Article 105 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25811, Dec. 3, 2014; Presidential Decree No. 26302, Jun. 1, 2015> |
| 1. | Public notification of the survey under Article 4 of the Act; |
| 2. | Establishment of the annual execution plan under Article 5 (2) of the Act; |
| 3. | Public notification of the datum under the proviso to Article 6 (1) 2 of the Act; |
| 4. | Setting and management of the markers of the national control point (excluding the markers of waterway control point) under Article 8 (1) of the Act; |
| 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; |
| 6. | Receipt of the report on the current status of the markers of survey control points under Article 8 (5) of the Act; |
| 7. | Survey of current status of the markers of survey control points (excluding the markers of waterway control points and the markers of territorial sea control point) under Article 8 (6) of the Act; |
| 8. | Providing data on the maps, etc. under Article 10 (2) of the Act; |
| 9. | Receipt of the notification of changes in the topography and natural features under Article 11 (1) of the Act, the notification of the commencement of construction works and the changes in the topography and natural features under Article 11 (2) of the Act and request for the submission of the data on the fundamental survey under Article 11 (3) of the Act; |
| 10. | Execution and notification of fundamental surveys under Article 12 of the Act; |
| 11. | Public notification of fundamental survey results under Article 13 (1) of the Act; |
| 12. | Requests for verifying the accuracy of fundamental survey results under Article 13 (2) of the Act; |
| 13. | Revision of fundamental survey results under Article 13 (3) of the Act; |
| 14. | Retention of the results and the records of fundamental survey under Article 14 (1) 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; |
| 16. | Publication, sale and distribution of maps, etc. under Article 15 (1) of the Act; |
| 17. | Designation of the national base map under Article 15 (2) of the Act; |
| 18. | Permission for taking abroad fundamental survey results under Article 16 (1) of the Act; |
| 19. | Receipt of working plans for the public survey under Article 17 (2) of the Act; |
| 20. | Requests for submission of long-term plans, or annual plans under Article 17 (3) of the Act; |
| 21. | Review of the appropriateness of plans and notification of the results of review under Article 17 (4) of the Act; |
| 22. | Requests for the submission of a copy of public survey records under Article 18 (2) of the Act; |
| 23. | Public notification of public survey results under Article 18 (4) of the Act; |
| 24. | Retention and perusal of copies of results or copies of public survey under Article 19 (1) 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; |
| 26. | Permission for taking abroad the outcomes of public survey under Article 21 (1) of the Act; |
| 27. | Requests for the submission of copies of results and records of the general surveys under Article 22 (2) of the Act: |
| 27-2. | Establishment of the working standards of general surveys under Article 22 (3) of the Act; |
| 28. | Suspension of survey services of survey technicians (excluding cadastral technicians) under Article 42 (1) of the Act; |
| 29. | Registration of survey business under Article 44 (2) of the Act; |
| 30. | Issuance of survey business registration certificates and survey business registration pocketbooks under Article 44 (3) of the Act; |
| 31. | Receipt of reports on changes in the registered matters under Article 44 (4) of the Act; |
| 32. | Receipt of reports on the succession of the status of survey business operator under Article 46 (2) of the Act; |
| 33. | Receipt of reports on the suspension or discontinuation of the survey business under Article 48 of the Act; |
| 34. | Revocation of registration and discontinuation of survey business under Article 52 (1) of the Act and the public notification thereof under Article 52 (3) 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 Strategy and Finance; |
| 36. | Public notification of the geographical names under Article 91 (2) of the Act; |
| 37. | Execution of performance testing under Article 92 (1) of the Act; |
| 38. | Receipt of the notification of issuance of the certificate of performance testing agent under Article 93 (2) 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; |
| 41. | Education and training for persons engaged in the survey business under Article 98 of the Act; |
| 42. | Receipt of reports on survey business operators (excluding cadastral survey business operators) and investigation thereof under Article 99 of the Act; |
| 43. | Hearings held to revoke the registration of survey business operators (excluding cadastral survey 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; |
| 45. | Performance of survey business delegated under Article 104 of the Act; |
| 46. | Imposition and collection of fines for negligence under Article 111 (1) of the Act (excluding subparagraphs 3 through 6 and 12); |
| 47. | Designation and public notification of the public survey under Article 3; |
| 48. | Designation and public notification of the numerical subject map under Article 4 and subparagraph 22 of Appendix 1; |
| 49. | Designation and public notification of the region in which the special case of the datum is applied under subparagraph 4 of Article 6; |
| 50. | Request for performance of spot survey or re-survey under Article 11 (2); |
| 51. | Receipt of the application due to designation of an organization that verifies fundamental survey results, designation and public notification under Article 14; |
| 52. | Public notification 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 (2); |
| 55. | Public notification of the registration of survey business under Article 35 (6); |
| 56. | Re-issuance of the survey business registration certificate or the survey business registration pocketbook under Article 38; |
| 57. | Public notification of consideration of survey under Article 48 (3); |
| 58. | Deleted; <Presidential Decree No. 26302, Jun. 1, 2015> |
| 59. | Receipt of application due to designation of the entrusted organization for examination of survey results, designation and public notification 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 Oceans and Fisheries shall delegate his/her authority falling under the following subparagraphs to the President of the National Geographic Information Institute pursuant to Article 105 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013, Presidential Decree No. 24596, Jun. 11, 2013> |
| 1. | Public notification of waterway surveys under Article 4 of the Act; |
| 2. | Determination and public notification of the mean sea level, the cardinal datum level and the approximate highest high water under Article 6 (2) of the Act; |
| 3. | Setting and management of markers of waterway control points under Article 8 (1) of the Act; |
| 4. | Setting and public notification of markers of waterway control points under Article 8 (3) of the Act; |
| 5. | Surveys of the current status of markers of waterway control points under Article 8 (6) of the Act; |
| 6. | Requests for submission of data on the waterway survey under Article 11 (3) of the Act; |
| 7. | Establishment of the master plan for waterway survey under Article 30 (1) of the Act; |
| 8. | Waterway surveys under Article 31 (1) of the Act; |
| 9. | Receipt of reports on waterway survey under Article 31 (3) of the Act; |
| 10. | Technical guidance on waterway survey methodology under Article 31 (6) of the Act; |
| 11. | Public notification of execution of waterway surveys and inclusion of such facts in the notice to mariners under Article 32 of the Act; |
| 12. | Receipt of waterway survey results and notification of the results of examination under Article 33 (2) of the Act; |
| 13. | Inclusion of waterway survey results in notices to mariners and waterway publications under Article 33 (3) of the Act; |
| 14. | Retention of waterway survey results and provision thereof for public perusal under Article 34 (1) of the Act; |
| 15. | Publication of outcomes of the waterway survey under Article 34 (2): |
| 16. | Receipt of the application for issuance of copies of waterway survey results under Article 34 (3) of the Act; |
| 17. | Publication, sale or distribution of waterway publications under Article 35 (1) of the Act; |
| 18. | Designation of sales agent of waterway publications under Article 35 (2) of the Act; |
| 19. | Determination and public notification of the sales prices of waterway publications, the sales agency fees, and other necessary matters concerning the sales agency of waterway publication under Article 35 (4) of the Act; |
| 20. | Revocation of designations and business suspension of sales agent under Article 35 (6) of the Act; |
| 21. | Approval of the reproduction, etc. of waterway publications under Article 36 (1) of the Act; |
| 22. | Receipt of the notification of the matters related to waterway information under Article 37 of the Act; |
| 23. | Requests for the submission of plans for waterway surveys or waterway survey results by the related agency under Article 38 (1) of the Act; |
| 24. | Efforts for the common utilization of waterway survey data, joint research and technical cooperation with related agencies under Article 38 (2) of the Act; |
| 25. | Business suspension of waterway technicians under Article 42 of the Act applied |
| 26. | Receipt of the registration of waterway survey business under Article 54 (1) of the Act; |
| 27. | Issuance of the waterway business registration certificates and waterway business registration pocketbooks under Article 54 (3) of the Act; |
| 28. | Receipt of reports on the changes in registered matters of waterway business operators under Article 54 (4) of the Act; |
| 29. | Receipt of reports on the succession to the status of the waterway business operators under Article 46 of the Act which applies |
| 30. | Receipt of reports on business suspension or discontinuation of waterway business under Article 48 of the Act which applies |
| 31. | Revocation of registration of waterway business or business suspension and public notification thereof under Article 52 of the Act which applies |
| 32. | Calculation of standards for the consideration of waterway surveys and consultation with the Minister of Strategy and Finance under Article 55 (2) of the Act; |
| 33. | Public notification of the marine geographical names under Article 91 (5) of the Act; |
| 34. | Promotion of policy for the development of the waterway survey system and the cooperative activities with international organizations and countries under Article 97 of the Act (excluding matters on the agreement entered into with the international organizations); |
| 35. | Education and training for persons engaged in waterway survey services under Article 98 of the Act; |
| 36. | Receipt of reports on the waterway surveys conducted under Article 99 of the Act and the investigation thereof; |
| 37. | Hearings held for the revocation of the registration of waterway business under subparagraph 3 of Article 100 of the Act; |
| 38. | Performance of the waterway surveys delegated under Article 104 of the Act; |
| 39. | Imposition and collection of fines for negligence under Article 111 (1) of the Act (excluding the provisions of subparagraphs 1, 2, 8, 11, 13 through 15); |
| 40. | Public notification of standards for the consideration of waterway surveys under Article 48 (3); |
| 41. | Guidance and supervision of the Korea Oceangraphic and Hydrographic Association under Article 52 (1). |
| Article 104 (Entrustment, etc. of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall entrust his/her authority falling under the following subparagraphs to the Korea Land Geospatial Matrix Corporation, the Spatial Data Industry Association an organization satisfying human resources and equipment and devices requirements referred to in Appendix 12 that is designated from among the non-profit corporations established by obtaining the approval by 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 by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25104, Jan. 17, 2014; Presidential Decree No. 26302, Jun. 1, 2015> |
| 1. | Examination of publication of maps, etc. under Article 15 (3) of the Act; |
| 2. | Examination of public survey results under Article 18 (3) of the Act. |
| (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 Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, 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 by Presidential Decree No. 24443, 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 public notification thereof. <Amended by Presidential Decree No. 24443, 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 Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, 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 by Presidential Decree No. 24443, 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 by Presidential Decree No. 24443, Mar. 23, 2013> |
| (8) | The Minister of Land, Infrastructure and Transport shall entrust matters falling under the following subparagraphs to the Spatial Data Industry Association pursuant to Article 105 (2) of the Act: <Amended by Presidential Decree No. 26302, Jun. 1, 2015> |
| 1. | Establishment and operation of the comprehensive survey business information management system under Article 10-2 of the Act; |
| 2. | Public notification of the capabilities to perform survey service business of any survey 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) | The Minister of Oceans and Fisheries shall entrust the business falling under each of the following subparagraphs pursuant to Article 105 (2) of the Act to the maritime survey association: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Transfer of markers of waterway control points under Article 9 (3) of the Act; |
| 2. | Matters prescribed by Ministerial Decree of Oceans and Fisheries among waterway surveys conducted under Article 31 (1) 4 of the Act; |
| 3. | Matters determined by Ministerial Decree of Oceans and Fisheries among the management of necessary observation facilities for waterway surveys under Article 31 (5) of the Act; |
| 4. | Site guidance publicly designated and notified by the Minister of Oceans and Fisheries among technical guidance of waterway survey methods under Article 31 (6) of the Act; |
| 5. | Examination of outcomes of the waterway survey under Articles 31 (1) and 33 (2) of the Act; |
| 6. | Printing, supply and inventory management of waterway publication under Article 35 (1) of the Act; |
| 7. | Receipt of reports of waterway technicians, maintenance and management of records, issuance of waterway technique record certificates, requests for submission of related data for confirmation of the reported matters and receipt of submitted data and confirmation of place of work, career, etc. of waterway technicians under Article 43 (3) of the Act. |
| (10) | The Minister of Oceans and Fisheries may, where entrusting his/her authority to the maritime survey association under subparagraphs 1 (limited to the authority to maintain, repair and manage the markers of territorial sea control points), 3, 4 and 6 of paragraph (9), subsidize costs to be incurred in conducting such business within budgetary limits. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (11) | The Mayor/ |
| Article 104-2 (Processing of Unique Identifiable Information) |
The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries (including those persons to whom the relevant authority of the Minister of Land, Infrastructure and Transport, or the Minister of Oceans and Fisheries are delegated or entrusted pursuant to Article 105 of the Act); where it is inevitable for conducting the affairs under any of the following subparagraphs, the Mayor/Do Governor may process the data that contain resident registration numbers under subparagraph 1 of Article 19 of the Presidential Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 26302, Jun. 1, 2015>
| 1. | Affairs concerning the comprehensive management of survey 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; |
| 2. | Affairs concerning the reporting of survey technicians and waterway technicians under Article 40 of the Act (including where Articles 40 through 42 shall apply |
| 3. | Affairs concerning the suspension of service of a survey technician or waterway technician under Article 42 of the Act (including cases to which Articles 40 through 42 shall apply |
| 4. | Affairs concerning the registration of survey business under Article 44 of the Act or the registration of waterway business under Article 54 of the Act; |
| 5. | Affairs concerning succession to the status of a survey business operator or waterway business operator under Article 46 of the Act (including the cases to which Articles 46 through 49, 52 and 53 of the Act shall apply |
| 6. | Affairs concerning the reporting the suspension or closure, etc. of survey business or waterway business under Article 48 of the Act (including cases to which Articles 46 through 49, 52 and 53 of the Act shall apply |
| 7. | Affairs concerning the revocation, etc. of registration of survey business or waterway business under Article 52 of the Act (including the cases to which Articles 46 through 49, 52 and 53 of the Act shall apply |
| 8. | Affairs concerning the registration of a performance testing agent under Article 93 of the Act; |
| 9. | Affairs concerning revocation, etc. of registration of a performance testing agent under Article 96 of the Act |
[This Article Added by Presidential Decree No. 24317, Jan. 16, 2013]
| Article 104-3 (Reexamination of Restrictions) |
The Minister of Land, Infrastructure and Transport shall examine the validity of matters falling under any of the following subparagraphs every three years (referring to the period ending on the date immediately before the same date of the third year as the relevant reference date of the first year), with the dates referred to in the following subparagraphs as the reference dates, and shall then take measures for improvement, etc. of the said matters: <Amended by Presidential Decree No. 25840, Dec. 9, 2014>
| 2. | Attachment of a written explanation under the latter part of Article 38: January 1, 2015; |
| 3. | Guarantee of liability for damage indemnification under Article 41: January 1, 2014; |
| 4. | Cancellation and restoration of registration of land engulfed by sea under Article 68: January 1, 2014; |
| 5. | Scope and Report of land development projects, etc. under Article 83: January 1, 2014. |
[This Article Added by Presidential Decree No. 25050, Dec. 30, 2013]
CHAPTER Ⅴ PENAL PROVISIONS
| Article 105 (Standards for Imposition of Fines for Negligence) |
Standards for the imposition of fines for negligence under Article 111 (1) of the Act shall be listed in Appendix 13.
ADDENDA
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 Act and Subordinate Statutes)
The following Acts and subordinate statutes are hereby repealed:
| 1. | Enforcement Decree of the Land Survey Act; |
| 3. | Enforcement Decree of the Waterway Service Act. |
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 Survey Business before this Decree enters into force shall be deemed to be at the technical level of survey technician under Appendix 5.
Article 4 (Transitional Measures concerning Cadastral Survey Business)
Any person who has registered the cadastral survey business under the previous Enforcement Decree of the Cadastral Act at the time this Decree enters into force shall satisfy technological capability of cadastral survey business under Appendix 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 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 with other Acts and Subordinate Statutes)
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 Acts and subordinate statutes 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 5, 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 Oct. 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 Enforcement Decree of Building Act)
The amended provisions of Article 119 (1) 4 (d) of the Enforcement Decree of the Building Act shall apply from the first building permit obtained after this Decree enters into force.
Article 3 (Applicability to Authorization of Changes According to Amendment of Enforcement Decree of Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents)
The amended provisions of subparagraph 3 of Article 27 of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall apply from the first change of the details of the authorization of the establishment of an association after this Decree enters into force.
Article 4 (Transitional Measures concerning Penalty Surcharges or Fines for Negligence)
| (1) | When standards for imposition of penalty surcharges or fines for negligence apply to offenses committed before this Decree enters into force, the former provisions shall apply thereto. |
| (2) | The disposition of imposition of penalty surcharges or fines for negligence on offenses committed before this Decree enters into force shall not be included in the computation of the number of times 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 Apr. 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, 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 Notification 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 Reexamination 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 former provisions of Article 26 (1) before this Decree enters into force shall be governed by the former provisions thereof.
Article 5 (Transitional Measures concerning Documents To Be Submitted in Registering Survey Business)
Notwithstanding the amended provisions of Article 35 (2), applications for registration of survey business that have been filed before this Decree enters into force shall be governed by the former provisions thereof.
Article 6 (Transitional Measures concerning Purchase of Guarantee Insurance for Liability for Damage Compensation)
Notwithstanding the amended provisions of Article 4 (1), in case of purchasing a guarantee insurance for the liability for damage compensation pursuant to the former provisions thereof, the former provisions shall apply until the guarantee period of such insurance expires
Article 7 (Transitional Measures concerning Equipments of Survey Business)
A person who has completed the registration of survey business in conformity with the registration standards under the former Appendix 8 shall be deemed to have met registration standards under the amended provisions of Appendix 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 former provisions thereof, he/she shall be deemed to hold the grade under the former 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 (Relations With Other Acts and Subordinate Statues)
References to the former Presidential Decree of Act on Land Survey, Waterway Survey and Cadastral Records or any provisons thereof in other Acts and subordinate statute at the time when this Decree enters into force shall, if there are any corresponding provisons in this Decree, be deemed to refer to this Decree or the corresponding provisions thereof in lieu of the former Presidential Decree of Act on Land Survey, Waterway Survey and Cadastral Records or the provisons thereof.