SPECIAL ACT ON CADASTRAL RESURVEY
Act No. 11062, Sep. 16, 2011
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12738, jun. 3, 2014
Act No. 12736, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13782, Jan. 19, 2016
Act No. 13796, Jan. 19, 2016
Act No. 14800, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16812, Dec. 10, 2019
Act No. 17091, Mar. 24, 2020
Act No. 17219, Apr. 7, 2020
Act No. 17453, jun. 9, 2020
Act No. 17744, Dec. 22, 2020
Act No. 17893, Jan. 12, 2021
Act No. 18349, Jul. 27, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to manage national land efficiently and to contribute to the protection of property rights of people by correcting descriptions registered in official cadastral records, but inconsistent with the actual conditions of land and by converting such cadastral records embodied in paper into digital cadastral records.
The terms used in this Act are defined as follows: <Amended on Jun. 3, 2014; Apr. 18, 2017; Dec. 10, 2019>
| 2. | The term "cadastral resurvey project" means a national project to convert existing official cadastral records into digital files and to correct registration information in official cadastral records, if records do not accord with the actual conditions of land, by conducting investigations and surveys on descriptions registered in official cadastral records under Articles 71 through 73 of the Act on the Establishment and Management of Spatial Data; |
| 3. | The term "cadastral resurvey district" means a district designated and publicly notified pursuant to Articles 7 and 8 in order to execute the cadastral resurvey project; |
| 4. | The term "land status research" means a survey on the owner, lot number, land category, area, and boundaries or coordinates of each lot, the location of above ground and underground buildings in each lot, and the officially assessed individual land price of each lot in order to execute the cadastral resurvey project; |
| Article 3 (Relationship to Other Statutes) |
| (1) | This Act shall take precedence over other statutes in relation to the cadastral resurvey project. |
CHAPTER II EXECUTION OF CADASTRAL RESURVEY PROJECT
SECTION 1 Establishment of Master Plan
| Article 4 (Establishment of Master Plan) |
| (1) | In order to execute the cadastral resurvey project efficiently, the Minister of Land, Infrastructure and Transport shall establish a master plan for the cadastral resurvey project (hereinafter referred to as "Master Plan"), which shall include the following matters: <Amended on Mar. 23, 2013; Apr. 18, 2017; Jan. 12, 2021> |
| 1. | Basic direction-setting for the cadastral resurvey project; |
| 2. | The execution period and scale of the cadastral resurvey project; |
| 3. | An annual execution plan for the cost of the cadastral resurvey project; |
| 4. | A plan for the apportionment of the cost of the cadastral resurvey project to the Special Metropolitan City, each Metropolitan City, each Do, each Special Self-Governing Province, each Special Self-Governing City, and each large city including Gus under Article 198 of the Local Autonomy Act (hereinafter referred to as "City/Do"); |
| 5. | A plan for securing human resources necessary for the cadastral resurvey project; |
| 6. | Other matters specified by Presidential Decree as necessary for the efficient execution of the cadastral resurvey project. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to establish the Master Plan, he or she shall hold a prior public hearing to hear opinions from appropriate experts and others, prepare a draft master plan, forward the draft to the Special Metropolitan City Mayor, each Metropolitan City Mayor, each Do Governor, each Special Self-Governing Province Governor, each Special Self-Governing City Mayor, and the Mayor of each large city including Gus under Article 198 of the Local Autonomy Act (hereinafter referred to as "Mayor/Do Governor") to hear their opinions, and shall present the draft at the Central Cadastral Resurvey Committee under Article 28 for deliberation thereon. <Amended on Mar. 23, 2013; Apr. 18, 2017; Jan. 12, 2021> |
| (3) | Upon receiving a draft master plan under paragraph (2), a Mayor/Do Governor shall forward it to the competent cadastral authority without delay to hear its opinion. |
| (4) | A cadastral authority shall submit its opinion to the competent Mayor/Do Governor within 20 days from the date on which the draft master plan is forwarded under paragraph (3), and the Mayor/Do Governor shall submit the competent cadastral authority's opinion along with his or her own opinion to the Minister of Land, Infrastructure and Transport within 30 days from the date on which the draft master plan is forwarded under paragraph (2). In such cases, when a cadastral authority or a Mayor/Do Governor fails to submit his or her opinion within the period, he or she shall be deemed to have no opinion with regard thereto. <Amended on Mar. 23, 2013> |
| (5) | Paragraphs (2) through (4) shall also apply to a revision to the Master Plan: Provided, That the foregoing shall not apply to a revision of any minor matter specified by Presidential Decree. |
| (6) | When the Minister of Land, Infrastructure and Transport establishes or revises the Master Plan, he or she shall give public notice thereof through the Official Gazette and notify each Mayor/Do Governor thereof, who shall in turn notify the competent cadastral authority thereof without delay. <Amended on Mar. 23, 2013> |
| (7) | The Minister of Land, Infrastructure and Transport shall review the feasibility of the Master Plan once every five years after the date on which the plan is established and shall revise the Plan, if necessary. <Amended on Mar. 23, 2013> |
| Article 4-2 (Establishment of City/Do Comprehensive Plan) |
| (1) | A Mayor/Do Governor shall establish a comprehensive plan (hereinafter referred to as “City/Do comprehensive plan”) concerning the cadastral resurvey project, including the following, based on the Master Plan: <Amended on Dec. 10, 2019> |
| 1. | Detailed criteria for designating a cadastral resurvey district; |
| 2. | An annual resurvey quota allocated to each cadastral authority; |
| 3. | An annual estimate for the cost of the cadastral resurvey project; |
| 4. | A plan for allocating the cost of the cadastral resurvey project to each cadastral authority; |
| 5. | A plan for securing human resources necessary for the cadastral resurvey project; |
| 6. | Matters concerning education and publicity for the cadastral resurvey project; |
| 7. | Other matters necessary for the cadastral resurvey project of the competent City/Do. |
| (2) | Where a Mayor/Do Governor establishes a City/Do comprehensive plan, he or she shall forward a draft City/Do comprehensive plan to each cadastral authority to hear its opinion, and shall present the draft at the City/Do cadastral resurvey committee under Article 29 for deliberation thereon. |
| (3) | A cadastral authority shall submit its opinion within 14 days from the date on which the draft City/Do comprehensive plan is forwarded under paragraph (2). In such cases, when the cadastral authority fails to submit its opinion within the period, it shall be deemed to have no opinion with regard thereto. |
| (4) | Where a Mayor/Do Governor determines a City/Do comprehensive plan, he or she shall submit such plan to the Minister of Land, Infrastructure and Transport without delay. |
| (5) | When a City/Do comprehensive plan submitted under paragraph (4) is inconsistent with the Master Plan, the Minister of Land, Infrastructure and Transport may request the relevant Mayor/Do Governor to revise the City/Do comprehensive plan with clarification of the relevant reason. In such cases, the relevant Mayor/Do Governor shall comply with such request except in extenuating circumstances. |
| (6) | A Mayor/Do Governor shall review the feasibility of the City/Do comprehensive plan once every five years after the date on which the plan is established and shall revise the plan, if necessary. |
| (7) | Paragraphs (2) through (5) shall also apply to a revision to the City/Do comprehensive plan under paragraph (6): Provided, That the foregoing shall not apply to a revision to any minor matter specified by Presidential Decree. |
| (8) | When a Mayor/Do Governor establishes City/Do comprehensive plan under paragraph (1) or revises it under paragraph (6), he or she shall give public notice thereof through the relevant City/Do official bulletin and notify the competent cadastral authority thereof. |
| (9) | The Minister of Land, Infrastructure and Transport shall determine criteria and methods for preparing a City/Do comprehensive plan and other details concerning establishment of the City/Do comprehensive plan. |
[This Article Newly Inserted on Apr. 18, 2017]
| Article 5 (Executor of Cadastral Survey Project) |
| (1) | The cadastral resurvey project shall be executed by each cadastral authority. |
| (2) | A cadastral authority may entrust a responsible agency referred to in Article 5-2 with conducting surveys and investigations for the cadastral resurvey project.. <Amended on Jun. 3, 2014; Dec. 22, 2020> |
| (3) | When a cadastral authority intends to entrust a responsible agency with conducting surveys and investigations for the cadastral resurvey project, it shall give public notice thereof, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| Article 5-2 (Designation of Responsible Agency) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a responsible agency that professionally conducts affairs such as surveys and investigations for cadastral resurvey project. |
| (2) | Where a responsible agency designated pursuant to paragraph (1) obtains designation by fraud or other improper means or neglects its affairs, or where any other ground prescribed by Presidential Decree exists, the Minister of Land, Infrastructure and Transport may revoke its designation. |
| (3) | When the Minister of Land, Infrastructure and Transport designates or revokes the designation of a responsible agency under paragraph (1), he or she shall publicly notify it, as prescribed by Presidential Decree. |
| (4) | Any other matters necessary for the designation or revocation of designation, operation, etc. of a responsible agency shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 6 (Establishment of Implementation Plans) |
| (1) | When a cadastral authority is notified of a City/Do comprehensive plan, it shall establish an implementation plan for the cadastral resurvey project (hereinafter referred to as "implementation plan"), which shall include the following matters: <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| 1. | Executor of the cadastral resurvey project; |
| 2. | Name of the cadastral resurvey district; |
| 3. | Location and area of the cadastral resurvey district; |
| 4. | Commencement date of and period for the cadastral resurvey project; |
| 5. | Estimated cost of the cadastral resurvey project; |
| 6. | Matters regarding land status research; |
| 7. | Other matters specified by Presidential Decree as necessary for the execution of the cadastral resurvey project. |
| (2) | The competent cadastral authority shall make the details of its implementation plan available to residents for public inspection for at least 30 days. In such cases, the competent cadastral authority shall hold a presentation session for residents after notifying in writing the landowners and interested persons of the implementation plan of the cadastral resurvey district within the period for public inspection. <Newly Inserted on Dec. 22, 2020> |
| (3) | Landowners and interested persons in the cadastral resurvey district may present their opinions to the competent cadastral authority during the period for public inspection by residents, and the competent cadastral authority shall reflect the opinions, if deemed that the opinions so presented are grounded. <Newly Inserted on Dec. 22, 2020> |
| (4) | The competent cadastral authority shall register in the cadastral record, that the parcel included in the implementation plan is a prearranged area for the cadastral resurvey. <Newly Inserted on Dec. 22, 2020> |
| (5) | The criteria and methods for preparing implementation plans shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 22, 2020> |
| Article 7 (Designation of Cadastral Resurvey Districts) |
| (1) | Each cadastral authority shall establish an implementation plan and file an application for the designation of a cadastral resurvey district with the competent Mayor/Do Governor. <Amended on Dec. 10, 2019> |
| (2) | When a cadastral authority intends to file an application for the designation of a cadastral resurvey district with the competent Mayor/Do Governor, it shall obtain consent from at least two-thirds of the total number of landowners in the cadastral resurvey district (referring to the competent property management authority in cases of State-owned or public land; hereinafter the same shall apply) and the landowners who own at least two-thirds of the area of land in the cadastral resurvey district, taking the following matters into account: <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| 1. | Whether a substantial discrepancy between registration information in official cadastral records and the actual conditions of land has caused severe inconvenience to residents in the area; |
| 2. | Whether it is easy to execute the project; |
| 3. | Whether good results are expected from the execution of the project. |
| (3) | Notwithstanding the provisions of paragraph (2), a cadastral authority may file an application for preferentially designating an area, in which landowners organize a council pursuant to Article 13 (hereinafter referred to as "landowners' council") and at least three-quarters of the total number of landowners consent to the designation, as a cadastral resurvey district. <Amended on Dec. 10, 2019> |
| (4) | Deleted. <Dec. 22, 2020> |
| (5) | Deleted. <Dec. 22, 2020> |
| (6) | When a Mayor/Do Governor intends to designate a cadastral resurvey district, he or she shall undergo deliberation by the City/Do cadastral resurvey committee under Article 29, as prescribed by Presidential Decree. <Amended on Dec. 10, 2019> |
| (7) | Article 7 (1) through (3), and (6) and Article 6 (2) through (4) shall also apply to the modification of a cadastral resurvey district: Provided, That the foregoing shall not apply to a revision to any minor matter specified by Presidential Decree. <Amended on Dec. 10, 2019; Dec. 22, 2020> |
| (8) | The method of calculating the number of consenting persons under paragraph (2), the procedure for granting consent, and other necessary matters shall be prescribed by Presidential Decree. |
[Title Amended on Dec. 10, 2019]
| Article 8 (Public Notice of Designation as Cadastral Resurvey District) |
| (1) | When a Mayor/Do Governor designates or modifies a cadastral resurvey district, he or she shall give public notice thereof through the City/Do official bulletin, report to the Minister of Land, Infrastructure and Transport on details of the designation or modification, and shall make relevant documents available to the general public for inspection. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
| (2) | Whenever public notice is given in regard to the designation of, or a modification to, a cadastral resurvey district, the fact that the cadastral resurvey district is designated shall be entered in the official cadastral records. <Amended on Dec. 10, 2019> |
[Title Amended on Dec. 10, 2019]
| Article 9 (Invalidation of Designation of Cadastral Resurvey District) |
| (1) | A cadastral authority shall conduct land status research and surveying for the cadastral resurvey (hereinafter referred to as "surveying for the cadastral resurvey") within two years from the date on which the designation of a cadastral resurvey district is publicly notified. <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| (2) | If a cadastral authority fails to conduct land status research and surveying for the cadastral resurvey within the period under paragraph (1), the designation of the relevant cadastral resurvey district shall become invalid at the expiration of the period. <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| (3) | If the designation of a cadastral resurvey district becomes invalid under paragraph (2), the competent Mayor/Do Governor shall give public notice thereof through the City/Do official bulletin and shall submit a report thereon to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 10, 2019> |
[Title Amended on Dec. 10, 2019]
SECTION 2 Cadastral Surveys
| Article 10 (Land Status Research) |
| (1) | When an implementation plan is established pursuant to Article 6, the competent cadastral authority shall conduct land status research on the land registered as a district to be subject to cadastral resurvey in the official cadastral records, and such land status research may be conducted concurrently with surveying for the cadastral resurvey. <Amended on Apr. 18, 2017; Dec. 10, 2019; Dec. 22, 2020> |
| (2) | Whenever land status research is conducted, a land status research report shall be prepared, which shall describe the owner, lot number, land category, boundaries or coordinates, the location of each above ground or underground building, the officially assessed individual land price, etc. <Amended on Apr. 18, 2017> |
| (3) | Matters regarding the scope, subject matters, and items of land status research and the guidelines for preparation and completion of land status research reports shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 18, 2017> |
[Title Amended on Apr. 18, 2017]
| Article 11 (Surveying for Cadastral Resurvey) |
| (3) | Except as provided in paragraphs (1) and (2), the methods and procedure for surveying for the cadastral resurvey shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 12 (Suspension of Boundary Relocation Surveying and Adjustment of Official Cadastral Records) |
| (1) | Where the designation of a cadastral resurvey district is publicly notified under Article 8, the following activities shall not be conducted on the land of the cadastral resurvey district until the completion of the relevant project is announced under Article 23: <Amended on Dec. 10, 2019> |
| (2) | Notwithstanding paragraph (1), in any of the following cases, boundary relocation surveying or arrangement of official cadastral records may be conducted: |
| 1. | Where boundary relocation surveying is conducted for the cadastral resurvey project; |
| 2. | Where boundary relocation surveying or arrangement of official cadastral records is conducted following the judgement or determination of the court; |
| 3. | Where a Si/Gun/Gu cadastral resurvey committee deems it necessary to conduct boundary relocation surveying or arrangement of official cadastral records under Article 30, upon request by a landowner. |
[This Article Wholly Amended on Apr. 18, 2017]
| Article 13 (Landowners' Council) |
| (1) | Owners of land in a cadastral resurvey district may organize a landowners' council with consent of at least 1/2 of the total number of landowners and landowners who own at least 1/2 of the area of the cadastral resurvey district. <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| (2) | A landowners' council shall be comprised of at least five, but not more than 20 members, including a chairperson. Each member of a landowners' council shall be an owner of land in the relevant cadastral resurvey district, and the council chairperson shall be elected by and from among members. <Amended on Dec. 10, 2019> |
| (3) | A landowners' council shall engage in the following: <Amended on Apr. 18, 2017; Dec. 10, 2019; Jul. 27, 2021> |
| 1. | Filing an application for preferentially designating a cadastral resurvey district with the competent cadastral authority pursuant to Article 7 (3); |
| 2. | Being present at and observing land status research; |
| 3. | Being present at and observing the works for installing temporary or permanent boundary point markers; |
| 4. | Deleted; <Apr. 18, 2017> |
| 5. | Presenting opinions on the standards for determining the amount of liquidation under Article 20 (3); |
| 6. | Recommending members of a boundary determination committee referred to in Article 31 (hereinafter referred to as "boundary determination committee"). |
| (4) | The method for calculating the number of consenting persons under paragraph (1), the procedures for granting consent, the organization and operation of a landowners' council, and other necessary matters shall be prescribed by Presidential Decree. |
SECTION 3 Determination of Boundaries
| Article 14 (Standards for Establishing Boundaries) |
| (1) | A cadastral authority shall establish boundaries for a cadastral resurvey in the following order: |
| 1. | Actual boundaries of land possessed by landowners, if no dispute over ground boundaries exists; |
| 2. | Boundaries registered in cadastral records, if a dispute over ground boundaries exists; |
| 3. | Customary boundaries of the relevant region. |
| (2) | Where a cadastral authority deems it unreasonable to establish boundaries for the cadastral resurvey according to the standards referred to in paragraph (1), it may establish boundaries for the cadastral resurvey based on boundaries agreed between landowners. <Amended on Apr. 18, 2017> |
| (3) | Where establishing a boundary for the cadastral resurvey pursuant to paragraphs (1) and (2), a cadastral authority shall not change boundaries of lots of public land publicly notified and established under the Road Act, the River Act, and other relevant statutes: Provided, That when the relevant landowners make agreement between them, the same shall not apply. <Amended on Apr. 18, 2017> |
| Article 15 (Installation of Boundary Point Markers, Preparation of Prearranged Cadastral Verification Statements) |
| (1) | When a cadastral authority establishes a boundary under Article 14, it shall install temporary boundary point markers and conduct surveying for the cadastral resurvey without delay. |
| (2) | When a cadastral authority completes surveying for the cadastral resurvey, it shall prepare a prearranged cadastral verification statement, which shall indicate details of each lot number with regard to the area of land previously entered in the existing official cadastral records and the area of land determined through the cadastral resurvey, as prescribed by Presidential Decree; Provided, That when no designation under Article 8 (1) is made, the same shall not apply. <Amended on Apr. 18, 2017; Dec. 22, 2020> |
| (3) | When a cadastral authority prepares a prearranged cadastral verification statement under paragraph (2), it shall notify the relevant landowner or interested party of the details of such statement, and the landowner or the interested party may, upon receipt of such notice, present his or her opinion to the cadastral authority. In such cases, if the cadastral authority deems that the opinion so presented is grounded, it shall re-establish the boundary, re-install temporary boundary point markers, and take other measures. <Amended on Apr. 18, 2017> |
| (4) | No one shall relocate or destroy any temporary boundary point marker referred to in paragraph (1) or (3) or impair the use of such marker. |
| (5) | Other matters necessary for preparing a prearranged cadastral verification statement shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 18, 2017> |
[Title Amended on Apr. 18, 2017]
| Article 16 (Determination of Boundaries) |
| (1) | Boundaries established through the cadastral resurvey shall be determined following a resolution by the Boundary Determination Committee. |
| (2) | When a cadastral authority intends to file an application for determining boundaries under paragraph (1), it shall submit a prearranged cadastral verification statement under Article 15 (2) to the Boundary Determination Committee, along with opinions of landowners or interested parties. <Amended on Apr. 18, 2017> |
| (3) | Upon receipt of an application under paragraph (2), the Boundary Determination Committee shall determine boundaries within 30 days from the date on which the relevant prearranged cadastral verification statement is submitted and shall notify the competent cadastral authority of its determination. In any extenuating circumstance, such period may be extended by up to 30 days following a resolution by the Boundary Determination Committee. <Amended on Apr. 18, 2017> |
| (4) | A landowner or interested party may appear before the Boundary Determination Committee to state his or her opinion. If a landowner or interested party files an application to state his or her opinion, the Boundary Determination Committee shall accept the application, unless an extenuating circumstance exists. <Amended on Jun. 9, 2020> |
| (5) | The Boundary Determination Committee may recommend landowners to reach agreement on boundaries before it determines the boundaries under paragraph (3). |
| (6) | Upon receipt of a notice of boundary determination from the Boundary Determination Committee under paragraph (3), the competent cadastral authority shall notify the relevant owners or interested parties thereof without delay. In such cases, the cadastral authority shall clearly state that the boundary shall be determined by the Boundary Determination Committee if no objection is raised within the period under Article 17 (1). |
| Article 17 (Objections against Boundary Determination) |
| (1) | If a landowner or interested party in receipt of a notice of boundary determination under Article 16 (6) is dissatisfied with such determination, he or she may file an objection with the competent cadastral authority within 60 days from the date of receipt of the notice. |
| (2) | A landowner or interested party who intends to file an objection under paragraph (1) shall submit a written objection to the competent cadastral authority. In such cases, the objection shall be accompanied by evidential documents. |
| (3) | A cadastral authority shall forward a written objection, along with its written opinion, to the Boundary Determination Committee within 14 days from the date of receipt of the objection under paragraph (2). |
| (4) | Upon receipt of a written objection forwarded under paragraph (3), the Boundary Determination Committee shall determine the validity of the objection within 30 days from the date of receipt of the written objection: Provided, That the processing period may be extended by up to 30 days, in an extenuating circumstance. |
| (5) | When the Boundary Determination Committee determines the validity of an objection, it shall notify the competent cadastral authority of the details of the determination, and the competent cadastral authority shall, in turn, prepare a written determination and shall serve the original of the determination on the petitioner and a duplicate of the determination on the other landowner or interested party within seven days from the date of receipt of a notice of determination. In such cases, the landowner shall notify the competent cadastral authority of whether he or she intends to raise an objection against the determination of the Boundary Determination Committee through an administrative appeal or an administrative action, within 60 days from the date of receipt of a notice of determination. |
| (6) | Deleted. <Apr. 18, 2017> |
| Article 18 (Determination of Boundaries) |
| (1) | Boundaries established through the cadastral resurvey shall be determined at the time any of the following cases occurs: |
| 1. | Where no objection is filed during the period for filing an objection under Article 17 (1); |
| 2. | Where no appeal is raised within 60 days from the date of receipt of a notice of determination under Article 17 (4); |
| 3. | Where an administrative lawsuit is filed against the determination of a boundary under Article 16 (3) or against the determination on an objection under Article 17 (4) and a judgment on the lawsuit becomes final and conclusive. |
| (2) | When boundaries are determined under paragraph (1), the competent cadastral authority shall install boundary point markers without delay and prepare and manage the register of boundary point markers on the ground, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, if boundaries determined under paragraph (1) are the same as the boundaries established under Article 15 (1) or (3), the temporary boundary point markers under paragraph (1) or (3) of the said Article shall be deemed boundary point markers. <Amended on Mar. 23, 2013; Apr. 18, 2017> |
| (3) | No one shall relocate or destroy any boundary point marker referred to in paragraph (2) or impair the use of such boundary point marker. |
| Article 19 (Change of Land Category) |
If surveying land for the cadastral resurvey finds that such land is used differently from the land category on the existing official cadastral records, the competent cadastral authority may change the land category on the existing official cadastral records following deliberation by the competent Si/Gun/Gu cadastral resurvey committee under Article 30. In such cases, if it is required to obtain authorization or permission under other statutes to change a land category, the land category may be changed according to the actual state of use only if such authorization or permission is obtained or an appropriate agency agrees thereon. <Amended on Apr. 18, 2017; Jun. 9, 2020>
SECTION 4 Determination of Amount of Liquidation
| Article 20 (Determination of Amount of Liquidation) |
| (1) | If an area on official cadastral records increases or decreases as a result of the determination of a boundary under Article 18, the competent cadastral authority shall determine the amount of liquidation according to the details of the increase or decrease in the area of each lot and shall collect or pay such amount of liquidation. |
| (2) | Notwithstanding the provisions of paragraph (1), no amount of liquidation shall be collected or paid for State-owned or public land. |
| (3) | The amount of liquidation shall be determined based on the price appraised by a certified appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers at the time the relevant boundaries are determined under Article 18: Provided, That where a landowners' council requests, the amount of liquidation may be determined based on the officially assessed individual land price under the Act on the Public Announcement of Real Estate Values following deliberation by the competent Si/Gun/Gu cadastral resurvey committee under Article 30. <Amended on Apr. 18, 2017; Apr. 7, 2020> |
| (4) | When a cadastral authority intends to determine the amount of liquidation under paragraph (3), it shall table the case at the competent Si/Gun/Gu cadastral resurvey committee under Article 30 for deliberation. |
| (5) | Except as provided in paragraphs (2) through (4), matters necessary for determining the amount of liquidation shall be prescribed by Presidential Decree. |
| Article 21 (Payment, Collection, or Deposit of Amount of Liquidation) |
| (1) | The amount of liquidation shall be paid or received in cash. <Amended on Apr. 18, 2017> |
| (2) | When a cadastral authority determines the amount of liquidation under Article 20 (1), it shall prepare a liquidation statement without delay and notify each landowner of the relevant amount of liquidation. |
| (3) | A cadastral authority shall give a notice of receipt or payment of the amount of liquidation to a landowner within ten days from the date on which the relevant amount of liquidation is notified pursuant to paragraph (2). |
| (4) | A cadastral authority shall pay the amount of liquidation within six months from the date on which it gives a notice of receipt pursuant to paragraph (3). |
| (5) | A person in receipt of a notice of payment under paragraph (3) shall pay the amount of liquidation within six months from the date on which the notice is given: Provided, That the competent cadastral authority may allow him or her to pay the amount of liquidation in installments over one year, as prescribed by Presidential Decree. <Amended on Apr. 18, 2017> |
| (7) | In any of the following cases, a cadastral authority liable to pay the amount of liquidation may deposit such amount in a depository office having jurisdiction over the location of land owned by a person entitled to receive the amount of liquidation: <Amended on Apr. 18, 2017> |
| 1. | If a person entitled to receive the amount of liquidation refuses to receive such amount or is unable to receive such amount because his or her domicile is unclear or due to any other reason; |
| 2. | If a cadastral authority is unable to identify a person entitled to receive the amount of liquidation without negligence on the part of the cadastral authority; |
| 3. | If the payment of the amount of liquidation is suspended due to attachment or provisional attachment. |
| (8) | If a right is transferred after a cadastral resurvey district is designated, the person who succeeds to the right shall receive or pay the amount of liquidation under paragraph (1) or a deposit money under paragraph (7). <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| Article 21-2 (Filing Objections against Amount of Liquidation) |
| (1) | Where a landowner is dissatisfied with the amount of liquidation of which the notice of receipt or payment is given under Article 21 (3), he or she may file an objection with the competent cadastral authority within 60 days from the date on which the notice of receipt or payment is given. |
| (2) | The competent cadastral authority shall notify the applicant of the result of the objection in writing following deliberation by the relevant Si/Gun/Gu cadastral resurvey committee under Article 30 within 30 days from the date on which the objection is filed under paragraph (1). |
[This Article Newly Inserted on Apr. 18, 2017]
| Article 22 (Extinctive Prescription of Amount of Liquidation) |
A right to receive or collect the amount of liquidation shall be extinguished by expiration of the prescriptive period, unless the right is not exercised within five years.
SECTION 5 Preparation of New Official Cadastral Records
| Article 23 (Public Announcement and Public Inspection of Completion of Project) |
| (1) | When boundaries are determined under Article 18 for all lots of land in a cadastral resurvey district, the competent cadastral authority shall publicly announce the completion of the project without delay and shall make relevant documents available for public inspection, as prescribed by Presidential Decree. <Amended on Dec. 10, 2019> |
| (2) | If boundaries are not yet determined for the lots of land in a cadastral resurvey district because an objection is raised against the determination made by the Boundary Determination Committee under Article 16 (3) or 17 (4), but if the area of such lots does not exceed 1/10 of the total area of the relevant cadastral resurvey district or the number of owners of such lots does not exceed 1/10 of the total number of landowners in the cadastral resurvey district, the completion of the project may be publicly announced, notwithstanding the provisions of paragraph (1). <Amended on Apr. 18, 2017; Dec. 10, 2019> |
| Article 24 (Preparation of New Official Cadastral Records) |
| (1) | If the completion of the project is publicly announced under Article 23, the competent cadastral authority shall close the existing official cadastral records and shall prepare new official cadastral records. In such cases, the relevant lots of land shall be deemed changed on the date on which the completion of the project is publicly announced under Article 23 (1). |
| (2) | The following registration information shall be entered in a new official cadastral record prepared under paragraph (1): <Amended on Mar. 23, 2013> |
| 1. | Location of the lot of land; |
| 5. | Coordinates of boundary points; |
| 6. | Name or title, address, and resident registration number (referring to the registration number given under Article 49 of the Registration of Real Estate Act, if the owner is the central government, a local government, a corporation, an incorporated association or an incorporated foundation that is not a corporation, or a foreigner; hereinafter the same shall apply) of the owner; |
| 7. | Share in the ownership; |
| 8. | Share in the right to the lot of land; |
| 9. | Location of above-ground and underground buildings; |
| 10. | Other matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | A lot of land for which boundaries are not yet determined and the completion of its project has been publicly announced pursuant to Article 23 (2) may be recorded as a "lot of land with undetermined boundaries" in the relevant official cadastral record, as prescribed by Presidential Decree, and cadastral surveying may be suspended until the boundaries are determined. <Amended on Apr. 18, 2017> |
| Article 25 (Requests for Registration) |
| (1) | When a cadastral authority prepares a new official cadastral record under Article 24, it shall request the competent registry office without delay to register it. In such cases, the request for registration shall be deemed registration done by the central government on its own behalf. |
| (2) | If a cadastral authority delays in making a request for registration under paragraph (1), the landowner or interested party him or herself may file an application for registration under paragraph (1), as prescribed by Presidential Decree. |
| (3) | Necessary matters regarding the registration under paragraphs (1) and (2) shall be prescribed by the Supreme Court Rules. |
| Article 26 (Management of Closed Official Cadastral Records) |
| (1) | Official cadastral records closed under Article 24 (1) shall be preserved permanently. |
| Article 27 (Notification of Descriptions regarding Current Status of Buildings) |
When the Governor of a Special Self-Governing Province or the head of aSi/Gun/Gu who has jurisdiction over an area for which the completion of the project is publicly announced under Article 23 (1) prepares a new building register under Article 38 of the Building Act or modifies a description regarding the location of an above ground or underground building among descriptions in a building register, he or she shall notify the competent cadastral authority of the details thereof.
CHAPTER III CADASTRAL RESURVEY COMMITTEES
| Article 28 (Central Cadastral Resurvey Committee) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish a Central Cadastral Resurvey Committee (hereinafter referred to as the "Central Committee") under his or her control in order to deliberate and decide on major policies on the cadastral resurvey project. <Amended on Mar. 23, 2013> |
| (2) | The Central Committee shall deliberate and decide on the following matters: <Amended on Jun. 9, 2020> |
| 1. | Establishment and revision of the Master Plan; |
| 2. | Matters regarding the enactment and amendment of relevant statutes or regulations and the improvement of systems; |
| 3. | Other matters the chairperson of the Central Committee tables at the Central Committee for deliberation as he or she deems necessary for the cadastral resurvey project. |
| (3) | The Central Committee shall be comprised of not less than 15, but not more than 20 persons, including one chairperson and one vice chairperson. |
| (4) | The Minister of Land, Infrastructure and Transport shall serve as the chairperson of the Central Committee, while the vice chairperson shall be appointed by the chairperson from among committee members. <Amended on Mar. 23, 2013> |
| (5) | Members of the Central Committee shall be appointed or commissioned by the chairperson from among the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Grade I through III public officials of the Ministry of Economy and Finance, the Ministry of Justice, the Ministry of the Interior and Safety, or the Ministry of Land, Infrastructure and Transport or public officials who are members of the Senior Executive Service; |
| 2. | Judges, public prosecutors, or attorneys at law; |
| 3. | Persons who served or serve as a professor of law, cadastral records, or land surveying; |
| 4. | Other persons who have relevant expertise in the cadastral resurvey project. |
| (6) | The term of office for a member who is not a public official, among members of the Central Committee, shall be two years. |
| (7) | Meetings of the Central Committee shall commence with the attendance of a majority of incumbent members and pass resolutions with concurring votes of a majority of the members present. |
| (8) | Other matters necessary for the organization and operation of the Central Committee shall be prescribed by Presidential Decree. |
| Article 29 (City/Do Cadastral Resurvey Committees) |
| (1) | A Mayor/Do Governor may establish a City/Do cadastral resurvey committee (hereinafter referred to as "City/Do committee") under his or her control in order to deliberate and decide on major policies on the cadastral resurvey project of the competent City/Do. |
| (2) | A City/Do committee shall deliberate and decide on the following matters: <Amended on Apr. 18, 2017; Dec. 10, 2019; Jun. 9, 2020> |
| 1. | An implementation plan established by a cadastral authority; |
| 1-2. | Establishment and revision of a City/Do comprehensive plan; |
| 2. | Designation and modification of a cadastral resurvey district; |
| 3. | Re-prioritization of cadastral resurvey projects in each Si/Gun/Gu; |
| 4. | Other matters the chairperson of a City/Do committee tables at the City/Do committee for deliberation as he or she deems necessary for the cadastral resurvey project. |
| (3) | A City/Do committee shall be comprised of not more than ten members, including one chairperson and one vice chairperson. |
| (4) | A Mayor/Do Governor shall serve as the chairperson of the competent City/Do committee, while the vice chairperson shall be appointed by the chairperson from among committee members. |
| (5) | Members of a City/Do committee shall be appointed or commissioned by the chairperson from among the following persons: |
| 1. | Grade III or higher-ranking public officials in the competent City/Do; |
| 2. | Judges, public prosecutors, or attorneys at law; |
| 3. | Persons who served or serve as a professor of law, cadastral records, or land surveying; |
| 4. | Other persons who have relevant expertise in the cadastral resurvey project. |
| (6) | The term of office for a member who is not a public official, among members of a City/Do committee, shall be two years. |
| (7) | Meetings of a City/Do committee shall commence with the attendance of a majority of incumbent members and pass resolutions with concurring votes of a majority of the members present. |
| (8) | Other matters necessary for the organization and operation of a City/Do committee shall be prescribed by municipal ordinance of the competent City/Do. |
| Article 30 (Si/Gun/Gu Cadastral Resurvey Committees) |
| (1) | A cadastral authority may establish a Si/Gun/Gu cadastral resurvey committee (hereinafter referred to as "Si/Gun/Gu committee") under its control in order to deliberate and decide on major policies on the cadastral resurvey project of the competent Si/Gun/Gu. |
| (2) | A Si/Gun/Gu committee shall deliberate and decide on the following matters: <Amended on Apr. 18, 2017; Jun. 9, 2020> |
| 1. | Whether boundary relocation surveying and arrangement of official cadastral records under Article 12 (2) 3 is permitted; |
| 3. | Determination on the amount of liquidation under Article 20; |
| 3-2. | Determination on an objection against the amount of liquidation under Article 21-2 (2); |
| 4. | Other matters that the chairperson of a Si/Gun/Gu committee tables at the Si/Gun/Gu Committee for deliberation as he or she deems necessary for the cadastral resurvey project. |
| (3) | A Si/Gun/Gu committee shall be comprised of not more than 10 members, including one chairperson and one vice chairperson. |
| (4) | The head of a Si/Gun/Gu shall serve as the chairperson of the competent Si/Gun/Gu committee, while the vice chairperson shall be appointed by the chairperson from among committee members. |
| (5) | Members of a Si/Gun/Gu Committee shall be appointed or commissioned by the chairperson from among the following persons: <Amended on Dec. 10, 2019> |
| 1. | Grade V or higher-ranking public officials in the competent Si/Gun/Gu; |
| 2. | The head of the Eup/Myeon/Dong in which the relevant cadastral resurvey district is situated; |
| 3. | Judges, public prosecutors, or attorneys at law; |
| 4. | Persons who served or serve as a professor of law, cadastral records, or land surveying; |
| 5. | Other persons who have relevant expertise in the cadastral resurvey project. |
| (6) | The term of office for a member who is not a public official, among members of a Si/Gun/Gu committee, shall be two years. |
| (7) | Meetings of a Si/Gun/Gu Committee shall commence with the attendance of a majority of incumbent members and pass resolutions with concurring votes of a majority of the members present. |
| (8) | Other matters necessary for the organization and operation of a Si/Gun/Gu Committee shall be prescribed by ordinance of the competent Si/Gun/Gu. |
| Article 31 (Boundary Determination Committee) |
| (1) | Each cadastral authority shall establish a boundary determination committee under its control in order to have the committee make decisions on the following matters: |
| 1. | Making decisions on the definition of boundaries; |
| 2. | Making decisions on objections raised against the definition of boundaries. |
| (2) | A boundary determination committee shall be comprised of not more than 11 members, including one chairperson and one vice chairperson. |
| (3) | A judge who is a committee member shall serve as the chairperson of a boundary determination committee, while the vice chairperson shall be appointed by the competent cadastral authority from among committee members. |
| (4) | Members of a boundary determination committee shall be the following persons: Provided, That persons under subparagraphs 3 and 4 may attend a committee meeting as members when the relevant cadastral resurvey district is on the meeting agenda: <Amended on Dec. 10, 2019> |
| 1. | A judge appointed by the Chief Judge of the competent district court; |
| 2. | Persons appointed or commissioned by the competent cadastral authority from among the following persons: |
| (a) | Grade V or higher-ranking public officials in the competent cadastral authority; |
| (b) | Attorneys at law, law professors, and other persons who have abundant knowledge of law; |
| (c) | Land survey engineers, appraisers, and other persons who have relevant expertise for the cadastral resurvey project; |
| 3. | Landowners in a cadastral resurvey district (referring to persons recommended by a landowners' council, if a landowners' council is already organized); |
| 4. | The head of the Eup/Myeon/Dong in which a cadastral resurvey district is situated. |
| (5) | Members who fall under paragraph (4) 3 shall be always included in members of a boundary determination committee. |
| (6) | The term of office for a member who is not a public official, among members of a boundary determination committee, shall be two years. |
| (7) | A boundary determination committee may conduct a fact-finding survey ex officio or at the request of a landowner or interested party or may request an applicant, a landowner, or an interested party to submit necessary documents and may assign public officials who belong to the competent cadastral authority to conduct a fact-finding survey. |
| (8) | A landowner or interested party may appear before the competent boundary determination committee to state his or her opinion or may submit evidential documents as necessary. |
| (9) | A boundary determination committee shall make a decision or adopt a resolution in writing by an affirmative vote of a majority of incumbent members. |
| (10) | A written decision or resolution under paragraph (9) shall state the main text, the reasons for the decision or resolution, the date of decision or resolution, and the names of committee members who participate in making the decision or adopting the resolution, and all committee members who participate in making the decision or adopting the resolution shall affix their signatures and seals thereon: Provided, That if a committee member refuses to affix his or her signature and seal or is unable to affix his or her signature and seal due to an extenuating circumstance, the member may omit affixing his or her signature and seal and may state only the circumstance. |
| (11) | Necessary matters regarding the organization and operation of a boundary determination committee shall be prescribed by municipal ordinance of the competent Si/Gun/Gu. |
| Article 32 (Cadastral Resurvey Planning Team) |
| (1) | The Ministry of Land, Infrastructure and Transport shall have a cadastral resurvey planning team to draft a master plan, guide and supervise the cadastral resurvey project, render assistance with techniques, human resources, and budgeting, and assist the Central Committee in handling matters subject to deliberation and resolution. <Amended on Mar. 23, 2013> |
| (2) | A City/Do may have a cadastral resurvey support team to guide and supervise the cadastral resurvey project and render assistance with techniques, human resources, and budgeting, and a cadastral authority may have a cadastral resurvey task force to draft implementation plans, execute the cadastral resurvey project, and guide and supervise a responsible agency. <Amended on Dec. 22, 2020> |
| (3) | Matters necessary for the organization and operation of the cadastral resurvey planning team under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the organization and operation of a cadastral resurvey support team and a cadastral resurvey task force under paragraph (2) shall be prescribed by ordinance of the competent local government. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 33 (Request for Increase or Decrease of Rent) |
| (1) | If the cadastral resurvey project facilitates or interferes with the use of a lot of land subject to a right of lease or the servient tenement under an easement and thus makes the previous rent, land rent, or other use charge inappropriate, either party may request the other party to increase or decrease the rent or charge, irrespective of terms and conditions of the relevant agreement. |
| (2) | Either party may waive a right under paragraph (1) or may terminate the relevant agreement to have him or herself discharged from the obligation. |
| Article 34 (Waiver of Right) |
| (1) | If it is impossible to achieve purposes of creating a right of lease or an easement due to the implementation of the cadastral resurvey project, either party may waive his or her rights or terminate the relevant agreement. |
| (2) | A person who waives his or her rights or terminates an agreement under paragraph (1) may request the competent cadastral authority to compensate him or her for losses incurred therefrom. |
| (3) | A cadastral authority that compensates for losses under paragraph (2) may request the owner of the land or building or the person who benefits therefrom to reimburse the losses. |
| Article 35 (Restriction on Request) |
When two months elapses from the date on which the completion of the project is publicly announced, no party may request the other party to increase or decrease the rent, land rent, or other use charge under Article 33, waive his or her rights, or terminate the relevant agreement under Article 34. <Amended on Jun. 9, 2020>
| Article 36 (Real Subrogation) |
A mortgage held on a lot of land or a building in a cadastral resurvey district may be exercised against the amount of liquidation which the mortgagor is entitled to receive. In such cases, the amount of liquidation shall be seized before it is paid. <Amended on Dec. 10, 2019>
| Article 37 (Entry into Land) |
| (1) | If necessary for the cadastral resurvey project, a cadastral authority may authorize public officials under its control or a responsible agency to enter or temporarily use another's land, building, or public waters (hereafter referred to as "land or property" in this Article) and may authorize them to alter or remove trees, earth, stones, and other obstacles (hereinafter referred to as "obstacles"), if particularly necessary. <Amended on Dec. 22, 2020> |
| (2) | When a cadastral authority authorizes public officials under its control or a responsible agency to enter or temporarily use another's land or property or to alter or remove obstacles under paragraph (1), it shall notify the owner, occupant, or manager of the relevant land or property of the date, time and place of entry by not later than three days before the date on which it is intended to enter the land or property. <Amended on Dec. 22, 2020> |
| (3) | No one shall enter another's residential premises or another's land or property enclosed with a wall or fence before sunrise or after sunset without consent of the occupant of the land or property. |
| (4) | No occupant of a lot of land or other property shall interfere with or refuse the activities under paragraph (1) without justifiable grounds. |
| (5) | A person who intends to conduct the activities under paragraph (1) shall carry an identification card indicating his or her authority and a permit and shall produce them to persons involved. |
| (6) | A cadastral authority shall compensate a person for losses inflicted on the person by the activities under paragraph (1). |
| (7) | As regards compensation for losses under paragraph (6), the competent cadastral authority and the person who sustains losses shall reach an agreement. |
| Article 38 (Inspection of Documents) |
| (1) | A landowner or interested party may inspect documents about the cadastral resurvey project, and no cadastral authority shall refuse the inspection, unless any justifiable ground exists otherwise. <Amended on Jun. 9, 2020> |
| (2) | A landowner or interested party may request a cadastral authority to issue photocopies of documents about the cadastral resurvey project at his or her expense. |
| (3) | The Minister of Land, Infrastructure and Transport shall establish and operate a public system through which a landowner or interested party can acquire information about the cadastral resurvey project via the Internet or by other means. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the establishment and operation of the system under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 39 (Reporting and Supervision of Cadastral Resurvey Project) |
The Minister of Land, Infrastructure and Transport may require a Mayor/Do Governor to report the current progress of the cadastral resurvey project and assist and supervise a cadastral authority as necessary, and a Mayor/Do Governor may require a cadastral authority to report the current progress of the cadastral resurvey project and assist and supervise a cadastral authority as necessary. <Amended on Mar. 23, 2013>
| Article 40 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport may fully or partially delegate his or her authority under this Act to the head of an affiliated agency, Mayor/Do Governor, or cadastral authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
| Article 41 (Prohibition of Divulgence of Confidential Information) |
No person who is or was engaged in the cadastral resurvey project shall divulge facts that constitute another's confidential information known to him or her in the course of his or her performance of the cadastral resurvey project to a third party or use such confidential information without justifiable grounds.
| Article 42 (Application Mutatis Mutandis of the Urban Development Act) |
| Article 42-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on Dec. 22, 2020]
CHAPTER V PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
| (1) | A person who intentionally conducts a cadastral survey contradictory to actual fact or falsely registers the results of the cadastral resurvey project shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won. |
| (2) | A person who divulges another's confidential information known to him or her in the course of the cadastral resurvey project to a third party or uses such confidential information in violation of Article 41 shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won. |
| Article 44 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits a violation under Article 43 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
| Article 45 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by a administrative fine not exceeding three million won: |
| 1. | A person who relocates or destroys a temporary boundary point marker or a boundary point marker or undermines the utility of such marker in violation of Article 15 (4) or 18 (3); |
| 2. | A person who interferes with the cadastral resurvey project without justifiable grounds. |
| (2) | Administrative finess under paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or a cadastral authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
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: Provided, That the part regarding Special Self-Governing Cities and Special Self-Governing City Mayors shall enter into force on July 1, 2012.
Article 2 (Relationship to Other Statutes)
| (2) | Cadastral maps indicated in the topographical drawings, which have been prepared in accordance with the previous official cadastral records and managed under the main clause of Article 8 (2) of the Framework Act on the Regulation of Land Use, (referring to drawings that indicate an area or district in the form of a topographical map indicating cadastral records) and boundaries of an area or a district clearly indicated in cadastral maps with the details of the regulation on land use shall be deemed revised pursuant to the new cadastral maps surveyed and registered in accordance with the enforcement of this Act. |
| (3) | If the building site of an existing building or an existing building does not conform to the Building Act due to the official cadastral records newly prepared as a result of the cadastral resurvey project, building works may be permitted within the limitations under Article 6 of the said Act. |
Article 3 (Transitional Measures concerning State-Owned or Public Land)
| (1) | Descriptions (including drawings) entered in registers and cadastral records for the management of State-owned or public property, which have been prepared and managed according to previous official cadastral records, shall be deemed modified to the details of the new official cadastral records surveyed and registered in accordance with the enforcement of this Act. |
Article 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12736, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 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.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 6 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 Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14800, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 4 (2) of Addenda shall enter into force on the date of its promulgation. Article 2 (Applicabilities concerning Suspension of Boundary Relocation Surveying and Arrangement of Official Cadastral Records, etc.)
| (1) | The amendment provisions of Article 12 shall apply to a project district designated and publicly notified under Article 8 before this Act enters into force. |
Article 3 (Transitional Measures concerning Establishment of Master Plan)
A matter related to a Si which is a large city not having a Gu under Article 175 of the Local Autonomy Act (hereinafter referred to as “large city not having a Gu”) in the details of the Master Plan established under the previous Article 4 as at the time this Act enters into force shall be regarded as a matter related to the relevant Do having the relevant large city. Article 4 (Transitional Measures concerning Establishment of City/Do Comprehensive Plan)
| (1) | Any comprehensive plan established by a Mayor/Do Governor as at the time this Act enters into force (hereinafter referred to as “previous plan”) shall be regarded as a City/Do comprehensive plan which is established under the amended provisions of Article 4-2. |
| (2) | The Governor of a Do in which a large city not having a Gu is located shall replace the previous plan with a plan including matters concerning a large city not having a Gu following deliberation by the relevant City/Do cadastral resurvey committee under Article 29 by not later than the date preceding the date on which this Act enters into force. |
<<Enforcement Date: Mar. 18, 2017>> Article 4 (2) Article 5 (Transitional Measures concerning Lot Survey)
| (1) | Matters concerning a lot survey in an implementation plan established under Article 6 (1) before this Act enters into force shall be regarded as matters related to land status research. |
| (2) | A lot survey conducted and lot survey report prepared under the previous Article 10 (1) and (2) before this Act enters into force shall be regarded as land status research and land status research report under the amended provisions of Article 10 (1) and (2), respectively. |
Article 6 (Transitional Measures concerning Designation of Project District)
A project district which the Mayor of a large city not having a Gu has designated and publicly notified under Article 8 before this Act enters into force shall be regarded as a project district which the Governor of a Do having the relevant large city designates and publicly notifies. Article 7 (Transitional Measures concerning Cadastral Verification Statements)
A cadastral verification statement prepared under the previous Article 15 (2) before this Act enters into force shall be regarded as a cadastral verification statement prepared under the amended provisions of Article 15 (2). Article 8 (Transitional Measures concerning Dissatisfaction with Results of Objection on Determination of Boundaries)
With respect to land for which the determination on an objection is notified under Article 17 (5) before this Act enters into force, the previous Article 17 (6) shall apply. Article 9 (Transitional Measures concerning Register of Boundary Point Markers)
A register of boundary point markers prepared under the previous Article 18 (2) before this Act enters into force shall be regarded as a register of boundary point markers on the ground prepared under the amended provisions of Article 18 (2). Article 10 (Transitional Measures concerning Determination of Amount of Liquidation)
With respect to the amount of liquidation for a project district for which the completion of the project has been publicly announced under Article 23 before this Act enters into force, notwithstanding the amended provisions of Article 20 (3), the previous provisions shall apply. Article 11 (Transitional Measures concerning City/Do Cadastral Resurvey Committee)
Matters for which a City/Do cadastral resurvey committee established in a large city not having a Gu has deliberated and decided under Article 29 before this Act enters into force shall be regarded as matters for which a City/Do cadastral resurvey committee of the Do having the relevant large city deliberates and decides.
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, That the amendments to the Acts to be amended pursuant to Article 5 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 Act. |
Articles 2 through 6 Omitted.
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 (Transitional Measures concerning Change in Title of Assistant Instructor for Successor Training)
Coastal areas designated as such under the previous provisions as at the time this Act enters into force shall be deemed flood control areas under the amended provisions of Article 12. Article 3 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17219, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso omitted.)
ADDENDUM <Act No. 17744, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 23 Omitted.
ADDENDUM <Act No. 18349, Jul. 27, 2021>
This Act shall enter into force on the date of its promulgation.