LAND COMPARTMENTALIZATION AND REARRANGEMENT PROJECTS ACT

Article 1(Purpose) #

The purpose of this Act is to promote land compartmentalization and rearrangement projects, providing matters concerning the execution procedures, methods, and defrayment of expenses, etc. for the land compartmentalization and rearrangement projects, and thereby, contribute to the sound development of urban communities and to the enhancement of public welfare.

Article 2(Definitions) #

(1) The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 2848, Dec. 31, 1975; Act No. 5069, Dec. 29, 1995>

1. The term “land compartmentalization and rearrangement projects” means such projects as are related to the exchange of different pieces of land, the partition of a piece of land, the unification of different pieces of land, and other modifications of the compartmentalization of land, the modification of the category of land, and the modification of the shape and quality of land, or the establishment or modification of public facilities, which are to be executed in accordance with this Act for the enhancement of the usefulness of land as a building site and for the rearrangement of public facilities;

2. The term “public facilities” means such facilities as are prescribed by the Presidential Decree, from among roads (limited to such roads as help improve the usefulness of their building sites), parks, plazas, rivers, school building sites for the primary, middle and high school education, and other facilities offered for the public use; and

3. The term “land owner” means the person who has the ownership, or such rights, other than the ownership, as prescribed by the Presidential Decree, on a piece of land located within the district in which a compartmentalization and rearrangement project is executed (hereinafter referred to as the “execution district”).

(2) Projects concerning the establishment, management, or disposal of building structures or other constructions or articles (hereinafter referred to as the “building structures, etc.”), and projects concerning the reclamation of land, that are being executed together with land compartmentalization and rearrangement projects, shall be regarded as land compartmentalization and rearrangement projects.

(3) In applying this Act, the person who has obtained the license as prescribed in Article 9 of the Public Waters Reclamation Act, shall be regarded as a land owner, and the public waters concerned as a piece of land. <Amended by Act No. 5911, Feb. 8, 1999>

Article 3(Land Subjected to Projects) #

The land compartmentalization and rearrangement projects (hereinafter referred to as the “compartmentalization and rearrangement projects”), shall be executed for the lands within the urban planning zone determined under the conditions as prescribed by Article 12 of the Urban Planning Act or for the lands within the quasi-urban area as prescribed in the Act on the Utilization and Management of the National Territory. <Amended by Act No. 2848, Dec. 31, 1975; Act No. 3255, Jan. 4, 1980; Act No. 3642, Dec. 31, 1982; by Act No. 4572, Aug. 5, 1993>

Article 4(Computation Methods, etc. of Periods) #

Necessary matters concerning the computation and notification of such periods as prescribed in this Act shall be prescribed by the Presidential Decree.

Article 5(Delegation of Authority) #

Part of the authority of the Minister of Construction and Transportation, as prescribed in this Act, may be delegated to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 6(Execution by Land Owners and Cooperatives) #

(1) Compartmentalization and rearrangement project within the urban planning zone shall be executed by the land owner or the land compartmentalization and rearrangement cooperative established by the land owners (hereinafter referred to as the “cooperative”). <Amended by Act No. 3255, Jan. 4, 1980>

(2) Deleted. <by Act No. 3255, Jan. 4, 1980>

Article 7(Execution by Local Governments, etc.) #

(1) In a case where there is such a cause, concerning the compartmentalization and rearrangement project, as falls under any of the following subparagraphs, the Minister of Construction and Transportation may order the competent local government, the Korea Housing Corporation, or the Korea Land Corporation (hereinafter referred to as the “local government, etc.”) to execute the compartmentalization and rearrangement project, notwithstanding the provisions of Article 6: <Amended by Act No. 3255, Jan. 4, 1980; Act No. 3997, Dec. 4, 1987; Act No. 5109, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997>

1. In a case where the land owner has not applied for the authorization as prescribed in Article 9 or 16 within the period as specified in Article 10 (1); or in a case where the contents of the application that was filed has been found to be illegal or improper;

2. In a case where the authorization has been canceled under Article 77 (3);

3. In a case where the Minister of Construction and Transportation has found it impossible to go through the procedures as set forth in the provisions of Article 10 because of the necessity to urgently execute the compartmentalization and rearrangement project on account of a natural disaster or other causes; and

4. In a case where the Minister of Construction and Transportation has found it necessary to execute the compartmentalization and rearrangement project in parallel with such projects, related to the urban planning or public facilities, as are executed by the head of a local government.

(2) In a case where the Minister of Construction and Transportation has ordered the local government, etc. to execute the compartmentalization and rearrangement project under the provisions of paragraph (1), he shall give a public notice thereof under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(3) The compartmentalization and rearrangement project to be executed over a piece of land located within such a quasi-urban area as prescribed in the Act on the Utilization and Management of the National Territory, shall be executed by the competent local government, notwithstanding the provisions of paragraphs (1) and (2). <Newly Inserted by Act No. 3255, Jan. 4, 1980; Act No. 3642, Dec. 31, 1982; Act No. 4572, Aug. 5, 1993>

Article 8(Execution by State) #

(1) In a case where there is a necessity to execute the Compartmentalization and rearrangement project in parallel with such a project, related to public facilities, as is executed by the Minister of Construction and Transportation, or in a case where there is a special reason for not being able to let the land owner, the cooperative, or the local government, etc. execute the compartmentalization and rearrangement project as prescribed in the provisions of Articles 6 and 7, the Minister of Construction and Transportation may execute it for himself under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The provisions of Article 7 (2) shall apply mutatis mutandis to a case as provided in paragraph (1).

Article 9(Authorization of Execution by Land Owner) #

In a case where the land owner intends to execute the compartmentalization and rearrangement project as prescribed in the provisions of Article 6 (1), he shall file his application for the authorization of the Minister of Construction and Transportation, together with the covenant (limited to the case of co-execution) made under the conditions as prescribed by the Presidential Decree and the written plan for the compartmentalization and rearrangement project. <Amended by Act No. 5454, Dec. 13, 1997>

Article 10(Designation of Application Period) #

(1) With respect to the compartmentalization and rearrangement projects which are the planned projects, the Minister of Construction and Transportation shall designate the application period for the authorization as prescribed in the provisions of Article 9. <Amended by Act No. 5454, Dec. 13, 1997>

(2) When the Minister of Construction and Transportation has designated the application period for the authorization in accordance with the provisions of paragraph (1), he shall give a public notice thereof under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(3) In a case where the land owner desires to apply for the authorization, as prescribed in Article 9, with respect to the compartmentalization and rearrangement project which is the planned project, he shall file his application therefor within the period as designated under the provisions of paragraph (1).

Article 11(Consent of the Land Owners) #

The land owner who desires to apply for the authorization as prescribed in Article 9 shall obtain the consent of not less than a half of the total number of the land owners of the execution district concerned and, at the same time, that of land owners whose ownerships cover not less than two thirds of the total area of the land of the execution district concerned.

[This Article Wholly Amended by Act No. 3255, Jan. 4, 1980]

Article 12(Public Perusal of Related Documents) #

(1) In a case where the Minister of Construction and Transportation intends to grant the authorization as prescribed in Article 9, he shall have the copy of the related documents available for public perusal for 14 days under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The land owners who own the land of the execution district concerned or other persons who have vested interests in the compartmentalization and rearrangement project concerned (hereinafter referred to the “interested persons”) may submit their opinion, in a written form, to the Minister of Construction and Transportation within the period, for the public perusal, as prescribed in paragraph (1). <Amended by Act No. 5454, Dec. 13, 1997>

Article 13(Public Notice of Authorization) #

In a case where the Minister of Construction and Transportation has granted the authorization as prescribed in Article 9, he shall, without any delay, give a public notice thereof under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 14(Revision, etc., of Covenant and Plan for Compartmentalization and Rearrangement Project) #

(1) In a case where the person who obtained the authorization as prescribed in the provisions of Article 9, desires to revise his covenant or plan for the compartmentalization and rearrangement project, or to suspend or give up his compartmentalization and rearrangement project, he shall obtain the authorization thereof from the Minister of Construction and Transportation under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The provisions of Articles 11 through 13 shall apply mutatis mutandis to a case as prescribed in paragraph (1): Provided, That this provision shall not apply to such minor matters as prescribed by the Presidential Decree.

Article 15(Consent of Creditors) #

In a case where one intends to apply for the authorization as prescribed in Article 14 (1), in order to reduce the execution district concerned, or to revise the covenant on the share of the expenses, or to revise the plan for the compartmentalization and rearrangement project concerned, or to stop or abolish the compartmentalization and rearrangement project concerned, and where there is a debt for the said compartmentalization and rearrangement project, the written consent of the creditor (in a case where the consent is impossible to be obtained, the document explaining the cause thereof) shall be attached thereto.

Article 16(Authorization of Establishment of Cooperative) #

In a case where it is desired to establish a cooperative and the cooper ative is to undertake the compartmentalization and rearrangement project, as prescribed in the provisions of Article 6 (1), the land owners of not less than seven located within the prospective execution district shall determine the articles of the cooperative and the plan for the compartmentalization and rearrangement project under the conditions as prescribed by the Presidential Decree, and then, shall obtain the authorization of the establishment of the cooperative and the execution of the said compartmentalization and rearrangement project (hereinafter referred to as the “establishment of the cooperative”) from the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

Article 17(Consent on Establishment of Cooperative by Land Owner) #

Before filing the application for the authorization of the establishment of the cooperative as prescribed in Article 16, the person concerned shall, in advance, obtain the consent from the land owners whose ownerships cover not less than two thirds of the total area of the land of the prospective execution district.

Article 18(Registration) #

The cooperative shall be established by registering matters as prescribed by the Presidential Decree in the place where its main office is located.

[This Article Wholly Amended by Act No. 5904, Feb. 8, 1999]

Article 19(Legal Personality of Cooperative) #

The cooperative shall be a juristic person.

Article 20(Use etc. of Official Title) #

(1) The cooperative shall use the words “land compartmentalization and rearrangement project cooperative” in its official title.

(2) Persons other than the cooperative may not use the title “land compartmentalization and rearrangement project cooperative” or other titles similar to it.

Article 21(Members of Cooperative) #

The owners of the land located within the prospective execution district of the cooperative shall be the members of the said cooperative.

Article 22(Board Members) #

(1) The cooperative shall have the following board members, but the quorum of the directors and auditors shall be determined by the articles of the cooperative within the scope of the criteria as determined by the Presidential Decree:

1. One head of the cooperative;

2. Directors; and

3. Auditors.

(2) The board members shall be appointed from among the members of the cooperative by the general assembly of the cooperative under the conditions as prescribed by the articles of the cooperative.

(3) The term of office of the board member shall be determined by the articles of the cooperative within the limit not exceeding 4 years: the term of office of such a member as is filling a vacancy shall be the remaining term of office of his predecessor.

Article 23(Duty) #

(1) The head of the cooperative shall represent the cooperative, exercise general control over its official matters, and preside over its general assembly or its representatives’ meeting.

(2) The director(s) shall assist the head of the cooperative and take a share in controlling the official matters of the cooperative under the conditions as prescribed by the articles of the cooperative.

(3) The auditor(s) shall audit the cooperative’s properties, accounting, and the business affairs related thereto.

(4) As for the contracts or litigations in between the cooperative, the head of the cooperative and/or the directors of the cooperative, the auditor(s) shall represent the cooperative.

Article 24(Prohibition of Concurrent Holding of Not Less Than Two Positions) #

The board members of the cooperative may hold no additional position of the cooperative, neither as a board member nor as an ordinary employee.

Article 25(General Assembly) #

(1) The cooperative shall have a general assembly.

(2) The general assembly of the cooperative shall be composed of the members of the cooperative.

Article 26(Matters to Be Resolved by General Assembly) #

The decision on the following matters shall be deferred to the general assembly:

1. Revision of the articles of the cooperative;

2. Revision of the plan for the compartmentalization and rearrangement project;

3. Loaning method, interest rate on the loan, and repayment method of the loan;

4. Budget of revenue and expenditure;

5. The amount of dues and the collection method thereof;

6. Replotting plan;

7. Designation of the land to be replotted;

8. Disposal method of the land secured by the competent authority in recompense for development outlay under the provisions of Article 54; and

9. Such other matters as prescribed by the Presidential Decree or the articles of the cooperative.

Article 27(Board of Representatives) #

(1) The cooperative, the number of whose members is not less than 100, may establish its board of representatives so that it may exercise the rights of the general assembly on behalf of the general assembly.

(2) The board of representatives shall be composed of the representatives of the cooperative, and the quorum of the said representatives shall be determined by the articles of the cooperative with the condition that it shall be not less than one tenth of the total members of the cooperative.

(3) The board of representatives shall exercise, on behalf of the general assembly, all of the rights of the general assembly except for those as prescribed by the Presidential Decree.

(4) The representatives shall be elected, from among the members of the cooperative, by the general assembly under the conditions as prescribed by the articles of the cooperative.

(5) The term of office of the representatives shall be determined by the articles of the cooperative within the range of not exceeding 4 years: the term of office of a representative has filled a vacancy, shall be the remainder of the predecessor’s term.

Article 28(Imposition of Expenses) #

(1) Under the conditions as prescribed by the articles of the cooperative, the cooperative may impose and collect dues from the members of the cooperative to meet the expenses required for the compartmentalization and rearrangement projects to be executed.

(2) The amount of the dues shall be fairly determined through comprehensive consideration of the location, land category, area, nature of the soil, irrigation, utilization status, environment, and other factors of the land located within the execution district concerned.

(3) In a case where a member of the cooperative has neglected to pay his dues, the cooperative may impose a fine for the default of the said member, under the conditions as prescribed by the articles of the cooperative.

Article 29(Entrustment of Collection) #

(1) In a case where there are those who have failed to pay the dues and/or the fine for default, the cooperative may entrust the collection to the competent head of Si (including the Special Metropolitan City Mayor and the Metropolitan City Mayor; hereinafter the same shall apply) /Gun under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) When entrusted with the collection of the dues and/or the fine for default under the conditions as prescribed by paragraph (1), the head of Si/Gun may collect them in the same manner as the delinquent local taxes have been collected. In this case, the cooperative shall grant the corresponding amount of 4 percent of the amount collected by the head of Si/Gun to the Si (including the Special Metropolitan City and the Metropolitan City; hereinafter the same shall apply) /Gun concerned. <Amended by Act No. 5454, Dec. 13, 1997>

Article 30(Loan) #

The cooperative may borrow money, if necessary for the execution of its compartmentalization and rearrangement projects.

Article 31(Application Mutatis Mutandis, etc. of Civil Act) #

(1) The provisions of Articles 10 (3) and 12 through 15 shall apply mutatis mutandis to the case of the authorization of the establishment of the cooperative under Article 16, to a case where the cooperative revises its articles or plan for the compartmentalization and rearrangement project, and to a case where the cooperative stops or abolishes its compartmentalization and rearrangement project.

(2) Except for such matters as are provided in this Act, necessary matters concerning the rights and responsibilities of the founding members of the cooperative, the operation of the general board meeting and the representatives meeting, and the dissolution or merger of the cooperative, shall be determined by the Presidential Decree.

(3) Except for such matters as are provided in this Act or those as are determined by the Presidential Decree under the provisions of paragraph (2), the provisions, concerning incorporated associations, of the Civil Act shall apply mutatis mutandis to the cooperative.

Article 32(Authorization of Execution by Local Government, etc.) #

(1) In a case where the local government, etc. intends to execute the compartmentalization and rearrangement project in accordance with the provisions of Article 7, it shall obtain the authorization, of the intended execution, of the Minister of Construction and Transportation, after having determined the rules of the execution and the plan for the compartmentalization and rearrangement project under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The rules of the execution as prescribed in the provisions of paragraph (1) shall be determined, in case of a local government, by the Municipal Ordinance of the said local government. <Amended by Act No. 3255, Jan. 4, 1980>

Article 33(Public Perusal) #

(1) In a case where the local government, etc. intends to apply for the authorization as prescribed in the provisions of Article 32 (1), it shall have the copies of the relevant documents available for public perusal for 14 days under the conditions as prescribed by the Presidential Decree.

(2) The owners of the land located within the execution district, or other interested persons may respectively submit their opinion, in a written form, to the relevant local government, etc., within the period of the public perusal as prescribed in paragraph (1).

(3) In a case where there has been submitted such a written opinion as prescribed in paragraph (2), the local government, etc. shall attach it to the documents of the application for the authorization as prescribed in the provisions of Article 32 (1).

(4) Deleted. <by Act No. 2848, Dec. 31, 1975>

Article 34(Application Mutatis Mutandis) #

The provisions of Articles 13 and 14 shall apply mutatis mutandis to the case of the authorization of the execution by the local government, etc. under Article 32 (1), and to a case where the local government, etc. revises its rules of execution or plan for the compartmentalization and rearrangement project, and to a case where the local government, etc. stops or abolishes its compartmentalization and rearrangement project.

Article 35(Rules of Execution, etc.) #

(1) In a case where the Minister of Construction and Transportation intends to execute the compartmentalization and rearrangement project in accordance with Article 8, he shall, in advance, determine the rules of the execution and the plan for the compartmentalization and rearrangement project, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The rules of the execution as prescribed in the provisions of paragraph (1) shall be determined by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

(3) The provisions of Articles 12 and 13 shall apply mutatis mutandis to a case as provided in paragraph (1).

(4) In a case where the Minister of Construction and Transportation has revised his plan for the compartmentalization and rearrangement project, or has stopped or abolished the compartmentalization and rearrangement project, he shall, without any delay, give a public notice thereof under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 36(Access of Third Party) #

(1) In a case where it is necessary for the execution of, or preparation for the compartmentalization and rearrangement project, the executor of the compartmentalization and rearrangement project (hereinafter referred to as the “executor”) or the person who has been ordered or commissioned by the executor may have access to the land of a third party, or may temporarily use the land of a third party as piling-up places of materials, roads or temporary roads, and in a case where it is particularly necessary, alter or remove obstacles such as bamboos and trees, fences and palisades, clay and gravel, etc.(hereinafter referred to as the “obstacles, etc.”). In this case, the executor, who is the land owner or the cooperative, shall in advance obtain the permission of the competent head of Si/Kun.

(2) In a case where the head of Si/Gun desires to give the permission as prescribed in paragraph (1), he shall hear the opinion of the owner or occupier of the relevant land or obstacles, etc.

(3) The person who desires to have access to the land of a third party under the conditions as prescribed by paragraph (1) shall notify, in advance, the owner or occupier of the said land thereof; and, the person who desires to temporarily use the land of a third party or to alter or remove the obstacles, etc., shall notify the owner or occupier of the said land thereof and hear his opinion: Provided, That this provision shall not apply to a case where it is impossible to know who the owner or occupier of the said land is, or where there are other unavoidable reasons.

(4) It shall not be allowed that a person has access to the building site or the land, of a third party, surrounded by a fence or palisade, before and after sunrise.

(5) The person who intends to have access to the land of a third party under the provisions of paragraph (1) shall carry, with himself, a voucher indicating his authority and shall show it to the persons concerned.

(6) Necessary matters concerning the voucher of authority as prescribed in paragraph (5) shall be determined by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

Article 37(Compensation for Loss Incurred on Account of Coming In and Out of, etc., Land of Thirty Party) #

(1) In a case where there is a person who suffers a loss incurred on account of the act as prescribed in the provisions of Article 36 (1), the executor shall compensate for the loss.

(2) With respect to the compensation as prescribed in the provisions of paragraph (1), the executor and the person who suffers the loss shall consult with each other.

(3) In a case where the consultation as prescribed in paragraph (2), has failed to reach an agreement, the person who suffers the loss may apply for the adjudication of the competent land expropriation committee under the conditions as prescribed by the Presidential Decree.

(4) The provisions of Articles 73 through 75 of the Land Expropriation Act shall apply mutatis mutandis to the adjudication of the land expropriation committee as prescribed in paragraph (3).

Article 38(Perusal, etc., of Related Account Books) #

In a case where it is necessary for the execution of, or preparation for, the compartmentalization and rearrangement project, the executor may request the government agencies concerned to allow him to peruse or copy necessary account books, or to grant him transcripts or partial copies of the necessary account books, free of charge.

Article 39(Restriction, etc. on Building Activities) #

(1) During the period from the date of the public notice(hereinafter referred to as the “public notice on the execution, etc. of the compartmentalization and rearrangement project”) given in accordance with Article 13 or 14 (2) (including the cases to which the said provisions apply mutatis mutandis as prescribed in the provisions of paragraph of Article 31 (1), 34, or 35) to the date of the public notice to be given in accordance with Article 61 (5) (hereinafter referred to as the “public notice on the disposal of replotted land”), the person who intends to alter the shape and quality of the land which might be the obstacles to the execution of the compartmentalization and rearrangement project within the execution district, or to newly construct, to remodel or to enlarge a building structure or other constructions, or to install, or pile up, such things as are prescribed by the Presidential Decree, shall obtain the permission of the competent head of Si/Kun.

(2) In a case where the head of Si/Gun intends to grant the permission as prescribed in paragraph (1), he shall hear the executor’s opinion in advance.

(3) As for the building structures, etc., which were built without the permission as prescribed in the provisions of paragraph (1) or were built in violation of the conditions of the said permission, the head of Si/Gun may move or remove them, or may order their owners or occupiers to move them, or to restore them into their original states, or to take other necessary measures.

Article 40(Moving or Removing of Building Structures, etc.) #

(1) In a case where it is necessary for the designation of the land to be replotted as prescribed in Article 56 (1), or for the suspension of the use of, or the receipt of proceeds from, the previous land as prescribed in the provisions of Article 58 (1), or for the execution of such a construction work as is related to alteration (1) or getting rid of public facilities, the executor may move or remove building structures, etc., or other obstacles, etc., located within the execution district concerned. In this case, the executor who is a land owner or a cooperative, shall obtain the permission of the competent head of Si/Gun in advance.

(2) In a case where the executor desires to move or remove building structures, etc., or other obstacles, etc., under the conditions as prescribed in paragraph (1), he shall in advance notify their owners or occupiers thereof. In a case where it is impossible to know who are their owners or occupiers, the executor shall give a public notice thereof under the conditions as prescribed by the Presidential Decree.

(3) In a case where it is intended to move or remove such a building structure as has been used as a human residence, the notification as prescribed in paragraph (2) shall be made at least 2 months before under the conditions as prescribed by the Presidential Decree: Provided, That this provision shall not apply to a case where such moving or removing of no consequence as prescribed by the Presidential Decree is to be made with respect to a part of the said building structure, or where such a building structure as is in violation of the provisions of Article 39 (1) is involved.

Article 41(Compensation for Losses Caused by Moving or Removing of Building Structures, etc.) #

(1) In a case where there is a person who suffers a loss caused by such a disposition as prescribed in Article 40 (1), the executor shall compensate for the loss: this provision shall not apply to such building structures, etc. as are in violation of the provisions of Article 39.

(2) The provisions of Article 37 (2) through (4) shall apply mutatis mutandis to the compensation for losses as prescribed in paragraph (1).

Article 42 #

Setting Up of Signs) (1) In a case where the executor makes a survey needed for the compartmentalization and rearrangement project, or indicates the location of the land that is to be replotted or has been replotted, he may set up such a sign as prescribed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

(2) Until the date on which the public notice on the disposal of the replotted land has been given, no one may move, remove, or inflict a damage on, the signs set up under the provisions of paragraph (1), without the consent of the executor obtained.

Article 43(Partition of Piece of Land and Merger of Different Pieces of Land) #

(1) In a case where it is necessary for the execution of the compartmentalization and rearrangement project, the executor may take procedures for the partition of a piece of land or merger of different pieces of land, on behalf of the land owner(s) concerned.

(2) In a case where a lot of land spans the inside and outside of an execution district or spans two or more construction sites, the executor shall take such procedures as are necessary for the partition of the said land along with a public notice of the execution of the compartmentalization and rearrangement project. <Amended by Act No. 5904, Feb. 8, 1999>

(3) In a case where the area of a specific lot of land to be replotted to a specific land owner has been found out, after the authorization of the replotting plan, to be inappropriate for its usage, and therefore, the said owner of the land desires to apply for the alteration of the replotting plan desiring to be replotted with the said lot of land having been partitioned into several lots, or desiring to be replotted with the said lot of land having been merged with other lots of land into one bigger lot, the executor, on behalf of the said land owner, may apply for the said partition or merger to the competent government agency, and may alter the replotting plan according to the result of the said application. <Newly Inserted by Act No. 3255, Jan. 4, 1980>

(4) In a case where there has been filed the executor’s application as prescribed in paragraph (3), the cadastral survey for partition may set boundary with the area survey. <Newly Inserted by Act No. 3255, Jan. 4, 1980>

Article 44 #

Deleted.<by Act No. 5904, Feb. 8, 1999>

Article 45(Furnishing Relevant Documents and Offering Them for Perusal) #

The executor shall furnish, at his main office, the covenant, the articles, the rules of execution, the plan for the compartmentalization and rearrangement project, the replotting plan, and such other documents and drawings as determined by the Presidential Decree, and when requested by the interested persons, he shall offer them for their inspection.

Article 46(Replotting Plan) #

(1) The executor shall decide the replotting plan in order to have the land located within the execution district be replotted properly.

(2) The matters of the following specifications shall be determined by the replotting plan: <Amended by Act No. 3255, Jan. 4, 1980; Act No. 5454, Dec. 13, 1997>

1. Replotting design;

2. Detailed statement of the replotting by lots of land;

3. Detailed statement of the land to be cleared by lots of land and by rights on the land;

4. Detailed statement of the land secured by the authority in recompense of the development outlay and the land reserved by the authority, as prescribed in Article 54; and

5. Such other matters as determined by the Ordinance of the Ministry of Construction and Transportation.

Article 47(Authorization, etc., of Replotting Plan) #

(1) In a case where the executor (excluding the Minister of Construction and Transportation) desires to decide the replotting plan under the provisions of Article 46 (1), he shall obtain the authorization thereof from the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do governor. <Amended by Act No. 3255, Jan. 4, 1980; Act No. 5454, Dec. 13, 1997>

(2) The provisions of Article 33 shall apply mutatis mutandis to a case where the executor desires to apply for the authorization as prescribed in paragraph (1) and to a case where the Minister of Construction and Transportation is to decide the replotting plan. <Amended by Act No. 5454, Dec. 13, 1997>

(3) In addition to the application, mutatis mutandis, of the provisions of paragraph (2), the provisions of Article 11 shall apply mutatis mutandis to a case where the executor, who is an individual land owner, desires to apply for the authorization as prescribed in the provisions of paragraph (1).

Article 48(Criteria for Replotting Plan) #

The replotting plan shall be decided on reasonably, in comprehensive consideration of the location, land category, area, quality of the soil, conditions of irrigation, utilization status, environment and other factors of the previous and prospective replotted land.

Article 48-2(Appraisal of the Land, etc.) #

(1) In order to make sure of the proper replotting plan and clearance, the executor shall, when appraising the price of the land, etc. that is located within the execution district, commission the appraisal of the price of the land, etc., that is located within the execution district to such a certified public appraisal agency as prescribed by the Presidential Decree before finally deciding on the said prices via the deliberation of the Land Appraisal Council.

(2) Necessary matters concerning the organization and operation, etc., of the Land Appraisal Council as prescribed in paragraph (1) shall be determined by the pertinent covenant, Articles, or rules of execution.

[This Article Newly Inserted by Act No. 3255, Jan. 4, 1980]

Article 49(Non-Designation of Replotting by dint of Consent) #

In a case where there has been filed or given an application or consent by the land owner, the executor may exclude whole or part of the land concerned from the replotting plan. In this case, the executor shall obtain the consent of the person (hereinafter referred to as the “person with the right of lease, etc.”) with the right of lease, superficies, or other rights to use and benefit from the land concerned (hereinafter referred to as the “right of lease, etc.”), in a case where there is any such person.

Article 50(Optimizing of Area) #

(1) In a case where there is a special necessity to adjust the sizes of pieces of land in order to prevent disasters or hygienic hazards, the executor may decide on the replotting plan in such a manner as the small pieces of land do not need to remain too small. <Amended by Act No. 3255, Jan. 4, 1980>

(2) In a case as provided in paragraph (1), and where the executor finds it particularly necessary, he may exclude too small pieces of land from the range of the pieces of land to be replotted, or may arrange the sizes of the to-be replotted land, reducing the said sizes in case of too large pieces of land and/or enlarging the said sizes in case of too small pieces of land. <Amended by Act No. 3255, Jan. 4, 1980>

(3) The standards of area for too small pieces of land as prescribed in the provisions of paragraph (1), shall be determined by the executor, by means of the covenant, articles, or rules of execution, within the scope as determined by the Presidential Decree. <Amended by Act No. 3255, Jan. 4, 1980>

Article 51(Three-Dimensional Replotting) #

In a case where it is specially needed in order to decide on such a replotting plan as does not include too small pieces of land, the executor may, with the consent of the owners of the pieces of land concerned, decide on such a replotting plan as allows the exchange of the ownership of a part of a building structure, of which the right of disposal the executor holds, and a share of the co-ownership of the land on which the said building structure stands, with the pieces of land which are the object of the replotting. <Amended by Act No. 3255, Jan. 4, 1980>

Article 52(Settlement Money) #

(1) In a case where replotting has been decided on including some pieces of land while excluding others, the overs and shorts shall be decided on in comprehensive consideration of the location, land category, area, quality of the soil, conditions of irrigation, utilization status, environment and other factors of the previous and the replotted land, and then shall be settled by the payment of the balance in cash.

(2) The settlement money as prescribed in paragraph (1), shall be determined at the time the replotted land is disposed of: Provided, That the settlement money, for the pieces of land excluded from the list of the objects of the replotting under the provisions of Articles 49 and 50 (2), may be determined at the time of the payment of the settlement money. <Newly Inserted by Act No. 3255, Jan. 4, 1980>

Article 53(Measures Taken on Special Pieces of Land) #

(1) With respect to the location and area in the replotting plan for the site of such public facilities as falls under the provisions of each of the subparagraphs of Article 3 of the Land Expropriation Act, the criteria for replotting plan as prescribed in Article 48 may not apply.

(2) In a case where the executor constructs, as a part of his compartmentalization and rearrangement project, such public facilities as will substitute other public facilities owned by the State or a local government, he shall not decide the prospective replotted land for the piece of land that will become of no use because the use of the previous public facilities will be renounced or changed partially or wholly; instead, he shall use the said piece of land as a part of the prospective replotted land with respect to other pieces of land. <Amended by Act No. 3255, Jan. 4, 1980>

(3) With respect to the public facilities that will become of no use since their use will be either renounced or modified as prescribed in paragraph (2), the executor shall in advance send a detailed statement of the type of the said facilities and the land where the facilities are located to the competent property management agency. <Newly Inserted by Act No. 3255, Jan. 4, 1980>

Article 54(Reserved Land, etc.) #

(1) In order to meet the expenses necessary for the compartmentalization and rearrangement project, or for such purposes as prescribed in the covenant, articles, rules of execution, or plan for the compartmentalization and rearrangement project, the executor may specify, in his replotting plan, certain pieces of land not as the replotted land but as the land secured by the authority in recompense of the development outlay or as the land reserved by the authority.

(2) In a case where the Minister of Construction and Transportation finds it necessary for the promotion of the construction of the national low-class houses as prescribed in the Housing Construction Promotion Act, he may have part of the land secured by authorities in recompense of the development outlay be collectively determined as the site for the national low-class houses. <Newly Inserted by Act No. 2848, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

Article 55(Revision of Replotting Plan) #

The provisions of Article 47 shall apply mutatis mutandis to a case where the executor desires to revise the replotting plan: Provided, That this provision shall not apply to such minor matters as determined by the Presidential Decree.

Article 56(Designation) #

(1) In a case where it is necessary for the execution of the compartmentalization and rearrangement project, the executor may designate some pieces of land located within the execution district as the to-be replotted pieces of land. In this case, if there is a person who has the right of lease, etc., on a previous piece of land, the executor shall also designate the piece, or the part of a piece, on which the said right exists, of the to-be replotted pieces of land.

(2) The provisions of Article 12 shall apply mutatis mutandis to a case where the executor, who is a land owner or the cooperative, desires to make such a designation as prescribed in paragraph (1).

(3) When desiring to make such a designation as prescribed in paragraph (1), the executor shall notify the location and area of the to-be replotted land, and the time the designation comes into effect to the related land owners and persons with the right of lease, etc..

Article 57(Effects of Designation) #

(1) Once the to-be replotted pieces of land have been designated, the owners of, or the persons with the right of lease, etc., on, the previous pieces of land, may exercise their rights, just the same as before, concerning part or whole of their to-be replotted pieces of land, from the date on which the designation of the to-be replotted pieces of land enters into force to the date on which the public notice on the disposal of the to-be replotted land is given, but may not use or benefit from their previous pieces of land.

(2) In a case where there are objects within the to-be replotted pieces of land the executor has designated under the provisions of Article 56 (1), that might constitute the obstacles, etc., to the use of, or taking benefits from, the to-be replotted pieces of land under consideration, or where there is any other special reason, the executor may separately designate the date on which to start to use, or to take benefits from, the to-be replotted pieces of land under consideration.

(3) Once the designation of the to-be replotted pieces of land has entered into force, or the use of, or taking benefits from, the to-be replotted pieces of land has started under the conditions as prescribed in paragraph (2), the previous owners, or persons with the right of lease, etc., of the to-be replotted pieces of land under consideration may neither use, or take benefits from, them, nor interfere with the exercise of the rights as prescribed in paragraph (1), during the period as prescribed in paragraph (1) or (2).

(4) In a case where the to-be replotted land has been designated with respect to the land secured by the authority in recompense for the development outlay as prescribed in Article 54, the executor may allow the use of, or taking benefits from, it, or may dispose of it, to meet the expenses required for the compartmentalization and rearrangement project concerned.

(5) The provisions of Articles 69 and 71 shall apply mutatis mutandis to a case where the to-be replotted pieces of land have been designated with respect to the pieces of land on which the right of lease, etc., exists.

Article 58(Suspension of Use and Taking Benefits) #

(1) With respect to the pieces of land for which it has been decided not to designate to-be replotted pieces of land, the executor may suspend the use of, or taking benefits from, part or whole of them, by their owners or persons with the right of lease, etc., from the day designated by the executor.

(2) In a case where the executor desires to suspend the use of, or taking benefits from, the pieces of land as prescribed in paragraph (1), he shall notify, thereof, the owners, or persons with the right of lease, etc., of the said pieces of land, well in advance.

Article 59(Management of Land) #

With respect to the piece of land, or a part thereof, of which there is no user or benefiter because of the designation of the to-be replotted piece of land or the disposition of suspension of the use, or taking benefits, shall be managed by the executor from the date of the said designation or of the said disposition of suspension to the date on which the public notice of the disposal of the replotted piece of land concerned is given.

Article 60 #

Deleted.<by Act No. 3255, Jan. 4, 1980>

Article 61(Public Notice, etc. of Completion of Construction Work of Compartmentalization and Rearrangement Project and Disposal of Replotted Land) #

(1) In a case where the executor has completed the construction work of the compartmentalization and rearrangement project for all the zone of the replotting plan, shall give a public notice thereof within 14 days under the Presidential Decree, and shall have the documents related to the said construction work available for public perusal for 14 days: Provided, That in a case where the zone of the replotting plan was divided into several construction sites by the covenant, articles, or rules of execution, the executor, only if the construction work of the compartmentalization and rearrangement project for one of the construction sites has been completed, though the construction work for all of the construction sites has not yet been completed, may give a public notice thereof under the conditions as prescribed by the Presidential Decree, and may have the documents related to the said construction work available for public perusal for 14 days. <Amended by Act No. 5904, Feb. 8, 1999>

(2) The owners of the pieces of land located within the execution district, or other interested persons, may submit their written opinions to the executor; and the executor who has been submitted the written opinions shall take necessary measures after having confirmed whether the results of the construction work of the compartmentalization and rearrangement project conform to the contents of the authorization of the execution of the said construction work.

(3) In a case where there has been submitted no written opinion as prescribed in paragraph (2) during the period for public perusal as prescribed in paragraph (1), or where the executor took necessary measures in response to the submitted written opinion, he shall submit a report on the completion of the construction work of the compartmentalization and rearrangement project to the authority who authorized the execution of the said compartmentalization and rearrangement project.

(4) The executor shall dispose of the replotted land within 14 days after a report on the completion of the construction work as prescribed in paragraph (3). <Amended by Act No. 5904, Feb. 8, 1999>

(5) In a case where the executor desires to dispose of the replotted land, he shall notify such matters as determined by the replotting plan to the owner of the said land, and shall give a public notice thereof.

[This Article Wholly Amended by Act No. 3255, Jan. 4, 1980]

Article 62(Effects) #

(1) Once the public notice on disposal of replotted pieces land has been given, the replotted pieces of land as determined by the replotting plan shall be considered as the previous pieces of land from the day right after the day of the public notice; and the right(s) on the previous pieces of land for which the replotted pieces of land were not designated in the replotting plan, shall be extinguished when the day of the public notice has expired.

(2) The provisions of paragraph (1) shall have no effects at all upon the administrative and judicial dispositions that have been taken exclusively with respect to the previous pieces of land.

(3) The servitude upon the pieces of land located within the execution district shall remain with the previous pieces of land notwithstanding the provisions of paragraph (1): Provided, That the servitude from which no interests have been left to take because of the execution of the compartmentalization and rearrangement project, shall be extinguished when the day of the public notice has expired.

(4) The person, for whom has been taken the disposition of disposal of the replotted piece of land by the replotting plan as prescribed in Article 51, shall obtain the ownership of a part of the building structure concerned and a share of the co-ownership of the land on which the said building structure stands, under the conditions as prescribed by the said replotting plan, as of the date right after the date on which the public notice on the disposal of the replotted piece of land is given. In this case, the mortgage on the previous piece of land shall be considered as existing upon the part of the building structure concerned and the share of the co-ownership of the land on which the building structure stands, from the date right after the date on which the public notice on the disposal of the replotted piece of land under consideration.

(5) The amount of the settlement money as prescribed in Article 52, shall be determined on the date right after the date on which the public notice of the disposal of the replotted piece of land has been given.

(6) As for the land secured by the authority in recompense for the development outlay under Article 54 (excluding those already disposed of under the provisions of Article 57 (4)), the executor shall obtain the ownership of it, and as for the reserved land, the person who has been determined by the replotting plan shall obtained the ownership thereof, as of the date right after the date on which the public notice of the disposal of the replotted pieces of land is given.

Article 63(Reversion of Public Land) #

The land which came into existence by the compartmentalization and rearrangement project and has been set aside for the establishment of public facilities, shall be reverted to the State or a local government, in accordance with the classification of its administrator, as of the date right after the date on which the public notice on the disposal of the replotted pieces of land is given: Provided, That the land as the building site of the primary school, middle and high school, and as the site of the market, shall be onerous. <Amended by Act No. 2848, Dec. 31, 1975; Act No. 5069, Dec. 29, 1995>

Article 64(Management of Public Facilities) #

Except for such cases as are prescribed in Acts and subordinate statutes, covenants, articles, or rules of execution, the public facilities, established as part of the compartmentalization and rearrangement project, shall be managed by the competent head of Si/Kun.

Article 65(Registration) #

(1) Once the public notice of the disposal of the replotted pieces of land has been given, the executor shall without any delay notify the competent registry thereof.

(2) In a case where there has been a change, in the rights upon the building structures and the pieces of land located within the execution district, caused by the compartmentalization and rearrangement project or the disposal of the replotted pieces of land, the executor shall apply, or request, for the registration thereof under the conditions as prescribed by the Supreme Count Regulations within 14 days after the public notice on the disposal of the replotted pieces of land has been given. <Amended by Act No. 3255, Jan. 4, 1980; Act No. 5904, Feb. 8, 1999>

(3) Once the public notice on the disposal of the replotted pieces of land has been given, until the registration as prescribed in paragraph (2) is finalized, no other registration shall be allowed in so far as the pieces of land and building structures located within the execution district are concerned: Provided, That this provision shall not apply to a case where the applicant has proved, by a paper with a confirmed date on it, that the cause for the registration has been generated before the public notice on the disposal of the replotted pieces of land was made.

(4) With respect to the registration of the pieces of land and building structures located within the execution district, a special case concerning the registration of the real estate may be set up by the Presidential Decree.

Article 66(Disposal, etc. of Land Secured by Authority in Recompense for Development Outlay, etc.) #

(1) The executor shall reasonably dispose of or manage the land secured by the authority in recompense for the development outlay or the reserved land, in accordance with the purpose and method as determined by the covenants, articles, rules of execution, or the plan for the compartmentalization and rearrangement project.

(2) In a case where the executor, who is an administrative agency, disposes of the land secured by the authority in recompense for the development outlay or the reserved land, the Acts and subordinate statutes related to the disposal of the properties owned by the State or by local governments, shall not apply thereto. This provision shall also apply to a case where the land secured by the authority in recompense for the development outlay is disposed of under the conditions as prescribed by Article 57 (4).

Article 67(Compensation for Price Depreciation) #

In a case where the compartmentalization and rearrangement project it has executed has caused the depreciation of the total amount of the value of the replotted land, in view of that of the value of the land before the execution of the said compartmentalization and rearrangement project, the executor who is an administrative agency shall pay the amount corresponding to the difference between the two to the owner, or the person with the right of the lease, of the previous land, as the compensation for the price depreciation, in accordance with the criteria determined by the Presidential Decree.

Article 68(Settlement Money) #

(1) Once the public notice of the disposal of the replotted pieces of land has been given, the executor shall collect or pay the settlement money: Provided, That as for the piece of land for which the replotted piece of land is not to be designated in accordance with the provisions of Articles 49 and 50 (2), the settlement money may be paid for it even before the disposal of the replotted pieces of land. <Amended by Act No. 3255, Jan. 4, 1980>

(2) The settlement money may be collected or paid with interest on an installment plan under the conditions as prescribed by the Presidential Decree.

(3) In a case where the person who must pay the settlement money would not pay it, the executor, who is an administrative agency, may collect it in the same manner as the delinquent national or local taxes have been collected.

(4) The provisions of Article 29 shall apply mutatis mutandis to a case where the cooperative, the Korea Housing Corporation or the Korea Land Corporation collects the settlement money. <Amended by Act No. 3255, Jan. 4, 1980; Act No. 3997, Dec. 4, 1987; Act No. 5109, Dec. 29, 1995>

Article 68-2(Extinctive Prescription for Settlement Money) #

The right to receive or collect the settlement money shall be extinguished when it has not been exercised for 5 years, by dint of the extinctive prescription.

[This Article Newly Inserted by Act No. 3255, Jan. 4, 1980]

Article 69(Demand for Increase or Decrease of Rent) #

(1) In a case where the previous rent or other fees for the use of a piece of land, on which the right of lease, etc., or servitude, exists, has become unreasonable, because the use of the said piece of land has been improved or impeded on account of the compartmentalization and rearrangement project, the party concerned may demand, for the future, for increase or decrease of the said rent or other fees, notwithstanding the conditions of the contract in question. This provision shall also apply to the rent of the building structure which was moved to another place because of the compartmentalization and rearrangement project.

(2) In a case as provided in paragraph (1), the parties concerned may be exempted from their obligations by giving up their rights or cancelling their contract.

Article 70(Giving Up, etc. of Rights) #

(1) In a case where the purpose of the establishment of the lease right, etc., or servitude, has become impossible to be achieved on account of the execution of the compartmentalization and rearrangement project, the party concerned may give up the said right or cancel the contract. This provision shall also apply to a case where the purpose of the lease of a building structure has become impossible to be achieved because the said building structure has been moved to another place as a part of the compartmentalization and rearrangement project.

(2) The person who has given up his right or has canceled his contract under paragraph (1), may demand the executor to compensate for the loss incurred thereby.

(3) The executor who has compensated for the loss as prescribed in paragraph (2), may ask the owner of the pertinent piece of land or building structure, or others who take benefits therefrom, to indemnify the executor for the compensation.

(4) The provisions of Article 37 (2) and (3) shall apply mutatis mutandis to the case of compensation for loss as prescribed in paragraph (2); and Articles 29 and 68 (3), to the case of indemnity as prescribed in paragraph (3), respectively.

Article 71(Restriction on Demand) #

Once 2 months have lapsed from the date on which the public notice of the disposal of the replotted pieces of land was given, neither the demand for the increase or decrease of the rent, or other fees for use, as prescribed in Article 69, nor the giving up of rights, or the cancellation of contracts, as prescribed in the provisions of Article 70, shall be allowed.

Article 71-2(Period Allowed for Compartmentalization and Rearrangement Project) #

The executor shall finish with the execution of the compartmentalization and rearrangement project within such a period as determined by the Presidential Decree.

[This Article Newly Inserted by Act No. 2848, Dec. 31, 1975]

Article 72(Defrayment of Expenses) #

(1) The expenses necessary for the compartmentalization and rearrangement project shall be defrayed by the executor.

(2) As for the compartmentalization and rearrangement project which is executed by a local government, the State may defray part of the expenses necessary for it, under the conditions as prescribed by the Presidential Decree, notwithstanding the provisions of paragraph (1).

Article 73(Order of Defrayment) #

(1) The Minister of Construction and Transportation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor may, in a case where there is any Do/Si/Gun that takes benefits from the compartmentalization and rearrangement project he executes, have the said Do/Si/Gun defray part of the expenses necessary for the said compartmentalization and rearrangement project, under the conditions as prescribed by the Presidential Decree. This provision shall also apply to a case where the compartmentalization and rearrangement project executed by Si/Gun benefits another Si/Kun. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The Korea Housing Corporation or the Korea Land Corporation may request the local government that takes benefits from the compartmentalization and rearrangement project executed by itself to bear a part of the expenses required for the said project within the range of the benefits the said local government takes. <Amended by Act No. 3255, Jan. 4, 1980: Act No. 3997, Dec. 4, 1987; Act No. 5109, Dec. 29, 1995>

(3) With respect to the defrayment of the expenses as prescribed in paragraph (2), the Korea Housing Corporation or the Korea Land Corporation shall consult with the local government concerned. <Amended by Act No. 3255, Jan. 4, 1980; by Act No. 3997, Dec. 4, 1987; Act No. 5109, Dec. 29, 1995>

(4) In a case where the consultation as prescribed in paragraph (3) has not reached to an agreement, the adjudication of the Minister of Construction and Transportation may be applied for. <Amended by Act No. 5454, Dec. 13, 1997>

(5) In a case where the adjudication of the Minister of Construction and Transportation, as prescribed in paragraph (4), has been passed out, it shall be considered as the same thing as the agreement reached through the consultation as prescribed in paragraph (3).

Article 74(Dues for Managers of Public Facilities) #

(1) The executor of a compartmentalization and rearrangement project of which the main purpose is to establish public facilities may have the person, who is to carry out the business works related to the new establishment or change of the said public facilities under the conditions as prescribed by other Acts and subordinate statutes (hereinafter, in this Article, referred to as the “manager of the public facilities”), defray part or all of the expenses necessary for the said compartmentalization and rearrangement project, under the conditions as prescribed by the Presidential Decree, within the range of the expenses necessary for the aquisition of the building site for the said public facilities.

(2) In a case where the executor desires to have the expenses required for his project defrayed as prescribed in paragraph (1), the executor shall in advance consult with the manager of the public facilities and determine the amount of the dues and the method to pay the dues in the plan for the compartmentalization and rearrangement project.

Article 75 #

Deleted.<by Act No. 4175, Dec. 30, 1989>

Article 76(Subsidy) #

In a case where it is particularly necessary for the promotion of the compartmentalization and rearrangement projects, the State or local governments may subsidize part of the expenses required for the compartmentalization and rearrangement project to the executor thereof, under the conditions as prescribed by the Presidential Decree, within the limit of the relevant budget.

Article 76-2(Restriction on Use of Dues and Subsidies, etc.) #

(1) As for the revenue from the compartmentalization and rearrangement project, such as the money coming from the sale of the land secured by the authority in recompense for the development outlay, from the sale of the reserved land, or from the collection of the settlement money and the dues and subsidies, etc., as prescribed in Articles 73 through 76, the executor may not use them for any other purpose than that of the said compartmentalization and rearrangement project.

(2) In a case where there is any remainder of the project funds after the completion of his compartmentalization and rearrangement project, the executor shall use it for the establishment of public facilities within the district where the said compartmentalization and rearrangement project has been executed, with the authorization of the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor. <Amended by Act No. 5454, Dec. 13, 1997>

[This Article Newly Inserted by Act No. 3255, Jan. 4, 1980]

Article 77(Supervision) #

(1) In a case where the execution of the compartmentalization and rearrangement project is in violation of this Act, an order or disposition released under this Act, the rules of execution, the Articles, the covenant, the plan for the compartmentalization and rearrangement project, or the replotting plan, the Minister of Construction and Transportation may order the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor or the executor to cancel, change or suspend the dispositions taken by the latter, to suspend or modify the construction works concerned, to change the board members concerned, or to take other necessary measures. <Amended by Act No. 5454, Dec. 13, 1997>

(2) In a case where the execution of the compartmentalization and rearrangement project is in violation of this Act, an order or disposition released under this Act, the rules of execution, the Articles, the covenant, the plan for the compartmentalization and rearrangement project, or the replotting plan, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor may order the executor to take such measures as are prescribed in paragraph (1). <Amended by Act No. 5454, Dec. 13, 1997>

(3) In a case where the Minister of Construction and Transportation has found out that the executor, who is a land owner or the cooperative, violated the order as prescribed in paragraph (1) or (2), or that the said executor is incapable of completing the compartmentalization and rearrangement project within the designated period, or that the continuation of the execution of the compartmentalization and rearrangement project by the said executor, may cause a harm to the public interests, the said Minister may cancel his authorization of the execution in question or his authorization of the establishment of the cooperative in question. <Amended by Act No. 5454, Dec. 13, 1997>

Article 77-2(Hearing) #

Where the Minister of Construction and Transportation intends to cancel the execution of the project in question or the authorization of establishment of the cooperative in question under Article 77 (3), he shall hold a hearing.

[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]

Article 78(Audit, etc.) #

The Minister of Construction and Transportation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor, may order the executor to make reports or submit materials, or may audit the conditions of the executor’s business affairs or accounting, within such a range as is needed for the enforcement of this Act. <Amended by Act No. 5454, Dec. 13, 1997>

Article 79(Succession to Rights and Responsibilities) #

(1) Deleted. <by Act No. 5904, Feb. 8, 1999>

(2) In a case where there has been a change concerning an executor or a person having a right to the land or building structures, etc. within the execution district (hereinafter referred to as the “executor, etc.” in this paragraph), the dispositions, procedures, or other acts, taken or committed by or towards the previous executor, etc., under the conditions as prescribed by this Act, orders released under this Act, covenant, articles, or rules of execution, shall be considered as having been taken or committed by or towards the new executor, etc. <Amended by Act No. 5904, Feb. 8, 1999>

Article 80(Plan for Compartmentalization and Rearrangement Project) #

The plan for the compartmentalization and rearrangement project shall be in harmony with the plan for such public facilities, and other facilities, as have already been decided by dint of the urban planning, and shall be set up in such a manner as to secure such school building sites as are necessary for the primary, middle, and high school education. <Amended by Act No. 2848, Dec. 31, 1975; Act No. 5069, Dec. 29, 1995>

Article 80-2(Legal Fiction concerning Such Authorizations and Permissions, etc., as Prescribed in Other Acts and Subordinate Statutes) #

(1) In a case where the executor has obtained the authorization of the execution of the compartmentalization and rearrangement project as prescribed in Article 9, 16 or 32, he shall be considered as having obtained the following permissions or licenses, etc.: <Amended by Act No. 5893, Feb. 8, 1999; Act No. 5911, Feb. 8, 1999>

1. The license as prescribed in Article 9 of the Public Waters Reclamation Act; and

2. The permission on the execution of a river construction work as prescribed in Article 30 of the River Act, or the permission on the occupation or use of a river as prescribed in Article 33 of the same Act.

(2) In a case where the Minister of Construction and Transportation intends to grant the authorization of the execution of the compartmentalization and rearrangement project under this Act, and where in the said authorization is included such a matter as prescribed in any of the provisions of subparagraphs of paragraph (1) above, the said Minister shall in advance consult with the head of the related administrative agency. <Amended by Act No. 5454, Dec. 13, 1997>

(3) In a case where the executor has reported on the completion of the construction work of the compartmentalization and rearrangement project as prescribed in Article 61 of this Act, he shall be considered as having obtained the authorization of the completion of the construction work as prescribed in Article 25 of the Public Waters Reclamation Act. <Amended by Act No. 5911, Feb. 8, 1999>

[This Article Newly Inserted by Act No. 3255, Jan. 4, 1980]

Article 81(Preservation of Related Documents) #

(1) In a case where the executor, who is not an administrative agency, has completed or given up the compartmentalization and rearrangement project, the executor shall transfer the related documents to the head of Si/Gun under the conditions as prescribed by the Presidential Decree.

(2) The executor who is an administrative agency, or the head of Si/Gun to whom the documents of the compartmentalization and rearrangement project have been transferred in accordance with the provisions of paragraph (1), shall keep them on file during the period, as determined by the Ordinance of the Ministry of Construction and Transportation, for period of not exceeding 10 years. <Amended by Act No. 5454, Dec. 13, 1997>

Article 82(Administrative Litigation) #

In a case where the executor, who is not an administrative agency, desires to raise an objection against a disposition taken under this Act, he may bring, under an administrative litigation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor, within one month from the date on which he has found out the said disposition was taken against himself and within three months from the date on which the said disposition was taken. <Amended by Act No. 3255, Jan. 4, 1980; Act No. 3755, Dec. 15, 1984; Act No. 5454, Dec. 13, 1997>

Article 83(Legal Fiction concerning Application of Penal Provisions) #

The board members, representatives, and employees of the Cooperative who carry out such business affairs as prescribed in this Act shall be regarded as public officials in the application of Articles 129 through 132 of the Criminal Act.

[This Article Wholly Amended by Act No. 3255, Jan. 4, 1980]

Article 84(Idem) #

The person who has given or promised a bribe to the person as prescribed in the provisions of Article 83 shall be punished by imprisonment for not more than three years or by a fine not exceeding three million won. <Amended by Act No. 3255, Jan. 4, 1980>

Article 85(Idem) #

The person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than six months or by a fine not exceeding five hundred thousand won: <Amended by Act No. 3255, Jan. 4, 1980>

1. The person who has refused, or interfered with the entry to the land of a third party as prescribed in Article 36 (1); and

2. The person who has not restored the land to its original state, or has not moved or removed the building structure, etc., in violation of the order as prescribed in the provisions of Article 39 (3).

Article 86(Idem) #

In a case where the executor, who is the land owner, falls under any of the following subparagraphs, he shall be punished by a fine not exceeding five hundred thousand won: <Amended by Act No. 3255, Jan. 4, 1980; Act No. 5454, Dec. 13, 1997>

1. In a case where he has violated the provisions of Article 15;

2. In a case where he has violated the order of the Minister of Construction and Transportation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor, released in accordance with the provisions of Article 77 (1) or (2); and

3. In a case where he has refused, avoided, interfered with the audit or has not made the report thereto, or has made a false report thereof, by the Minister of Construction and Transportation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor as prescribed in Article 78.

Article 87(Idem) #

In a case where the cooperative has committed such an act as falls under any of the following subparagraphs, its board member who has committed the act in question shall be punished by a fine not exceeding five hundred thousand won: <Amended by Act No. 3255, Jan. 4, 1980; Act No. 5454, Dec. 13, 1997>

1. In a case where the cooperative has conducted other projects than the compartmentalization and rearrangement project;

2. In a case where the cooperative has violated the provisions of Article 15 which are applied mutatis mutandis as prescribed in Article 31 (1);

3. In a case where the cooperative has violated the order, of the Minister of Construction and Transportation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor, as prescribed in the provisions of Article 77 (1) or (2);

4. In a case where a person has refused, avoided, interfered with the audit or has not made the report thereto, or has made a false report thereof, by the Minister of Construction and Transportation, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor as prescribed in Article 78; and

5. In a case where the cooperative has not given such a public notice as required by this Act, or has given a false public notice.

Article 88(Idem) #

The person who falls under any of the following subparagraphs shall be punished by a fine not exceeding six hundred thousand won: <Amended by Act No. 3255, Jan. 4, 1980>

1. The person who has violated the provisions of Article 24; and

2. The person who has violated the provisions of Article 42 (2).

Article 89(Idem) #

The person who has violated the provisions of Article 20 (2) shall be punished by a fine not exceeding five hundred thousand won. <Amended by Act No. 3255, Jan. 4, 1980>

Article 90(Joint Penal Provisions) #

In a case where the representative of a juridical person, an agent, servant, or any other employee of a juristic person or a natural person has committed an act of violation as prescribed in Article 85, with respect to the official tasks or properties of the said juristic person or natural person, not only the violator himself shall be punished, but the said juristic person or natural person shall be subjected to such a fine as prescribed in the provisions of Article 85.