LAND SURVEY ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to securing the accuracy of land survey and the sound development of the land survey industry by providing standards for land survey and by having the land survey technology efficiently utilized and managed, which has been obtained through research and development.

[This Article Wholly Amended by Act No. 8071, Dec. 20, 2006]

Article 2(Definitions) #

The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 6532, Dec. 19, 2001; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

1. The term "survey" means the indication, by drawing and in number, of the results of a measurement of the position of points, located on the surface of the earth, underground, in the water, and in space, and then, the calculation of the distance, height, area, volume and displacement of the said position or the restoration, on the actual locale concerned, of the said location, indicated by drawing and in number; it includes, as well, making maps, the survey of coastal areas, and taking aerial photography for the purpose of survey;

2. The term "fundamental survey" means a survey which serves as the base for all kinds of surveys and has been executed by the president of the National Geographic Information Institute under a relevant order issued by the Minister of Land, Transport and Maritime Affairs;

3. The term "public survey" means, among other surveys than the fundamental survey, the one which is executed by the State, local governments, government-invested institutions prescribed in the provisions of Article 2 of the Framework Act on the Management of Government-Invested Institutions, or institutions as prescribed by Presidential Decree: Provided, That such surveys designated by the Minister of Land, Transport and Maritime Affairs under the conditions prescribed by Presidential Decree shall be excluded therefrom;

4. The term "general survey" means other surveys than the fundamental survey and the public survey: Provided, That such surveys designated by the Minister of Land, Transport and Maritime Affairs under the conditions prescribed by Presidential Decree shall be excluded therefrom;

5. The term "survey planning agency" means the one which draws the plans for the fundamental survey and the public survey;

6. The term "survey execution agency" means the one which conducts the work of surveying, under the direction of or on consignment by the survey planning agency, including the case where the survey planning agency directly executes the survey planned by itself;

7. The term "survey result" means the final result obtained from the relevant survey;

8. The term "survey record" means the record of the works of surveying executed until the survey result has been obtained;

9. The term "survey business" means the business of having contracts for the services of the fundamental survey, public survey or general survey;

10. The term "survey businessman" means the person who is engaged in the survey business after having registered himself, as such, under the relevant provisions of this Act;

11. The term "order placer" means the person who gives out a contract for survey services to a survey businessman: Provided, That the contractor who subcontracts the survey services contracted for himself shall be excluded therefrom;

12. through 14. Deleted; <by Act No. 6238, Jan. 28, 2000>

15. The term "survey technician" means a person who falls under any of the following items, who can be classified as prescribed by Presidential Decree:

(a) A person who has acquired the qualification in the survey, topographical space information, cartography, diagraming or aerial photography as prescribed in the National Technical Qualifications Act; or

(b) A person who has a certain academic background or career in such fields as survey, topographical space information, cartography, diagraming or aerial photography, and meets the qualification standards as prescribed by Presidential Decree; and

16. The term "map" means one which indicates the position of points, located on the surface of the earth, underground, in the water, and in space, and various topographical space information such as topography, natural features and names of places, etc., according to a certain reduced scale and by the symbols or letters, etc. In such cases, it shall include those falling under one of the following items, and exclude the drawings such as the cadastral maps under the Cadastral Act, and the hydro-graphic charts such as the navigator’s chart under the Waterway Service Act:

(a) Numerical relief maps produced in such a way that they may be analyzed, edited, input and output by using electronic data systems (including the orthovideo maps produced by utilizing the video information acquired from the aircraft or satellites; hereafter the same shall apply in item (b)); and

(b) Numerical subject maps as prescribed by Presidential Decree, such as an underground facility map or a land utilization status map produced in regard to a specific subject by utilizing the numerical relief map under item (a).

Article 2-2(Education and Training for Persons Engaged in Survey Service, etc.) #

(1) The Minister of Land, Transport and Maritime Affairs may conduct the education and training for public officials, employees of public survey planning agency and survey technicians who are all involved in the survey service and are prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in order to improve the performance of their survey services: Provided, That the education and training that survey technicians are required to undergo under Article 6 of the Construction Technology Management Act shall be governed by the Construction Technology Management Act. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(2) Necessary matters concerning the time and ways for conducting the education and training referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 7102, Jan. 20, 2004]

Article 2-3(Report, etc. of Survey Technician) #

(1) A survey technician (excluding the survey technician who is a construction engineer under subparagraph 8 of Article 2 of the Construction Technology Management Act) who is engaged in the survey business may report the matters necessary for the career management, such as the place of work, career, etc. as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to the Minister of Land, Transport and Maritime Affairs. The same shall apply to the alteration of reported matters. <Amended by Act No. 8852, Feb. 29, 2008>

(2) When the Minister of Land, Transport and Maritime Affairs has been reported under paragraph (1), he shall maintain and manage the report concerning the place of work, career, etc. of the survey technician. <Amended by Act No. 8852, Feb. 29, 2008>

(3) When a survey technician requests, the Minister of Land, Transport and Maritime Affairs may issue a certificate attesting the place of work, career, etc. of the relevant survey technician (hereinafter "surveying technique record certificate"). <Amended by Act No. 8852, Feb. 29, 2008>

(4) Where necessary for the confirmation of the details of report under paragraph (1), the Minister of Land, Transport and Maritime Affairs may request the submission of related data to the heads of related agencies, such as central administrative agencies, local governments, schools under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act, business to which the survey technician who made report belongs and so on. In such cases, the heads of related agencies shall comply with such request unless there is a special reason. <Amended by Act No. 8852, Feb. 29, 2008>

(5) When the head of administrative agency, who intends to grant authorization, permission, registration, license, etc. under this Act or other related Acts, is in need of confirmation of the place of work, career, etc. of the survey technician, he shall have them confirmed by the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

(6) No survey technicians shall make false reports in making report or report of alteration under paragraph (1).

(7) Necessary matters concerning the report of survey technicians, maintenance and management of records, the issuance of surveying technique record certificates referred to in paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

[This Article Wholly Amended by Act No. 8071, Dec. 20, 2006]

Article 2-4(Construction of Cooperation System) #

(1) When necessary for the maintenance and management of maps, etc. by utilizing data concerning topography and natural features, the Minister of Land, Transport and Maritime Affairs may construct a cooperation system with the related agencies, such as national agencies, local governments, other public agencies, etc. <Amended by Act No. 8852, Feb. 29, 2008>

(2) The Minister of Land, Transport and Maritime Affairs may supply data on the maps, etc. to the agencies that have participated in the cooperation system under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 8071, Dec. 20, 2006]

Article 3(Survey Marker) #

(1) The survey marker shall be divided into a permanent survey marker, a temporary survey marker, and a temporarily installed survey marker.

(2) The details of permanent survey marker, temporary survey marker and temporarily installed survey marker under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 8071, Dec. 20, 2006>

(3) and (4) Deleted. <by Act No. 8071, Dec. 20, 2006>

Article 4(Shapes and Indication of Survey Markers) #

(1) The shapes of the survey markers, as prescribed in the provisions of Article 3, shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) On a permanent survey marker or a temporary survey marker shall be indicated whether it is a marker for a basic survey or for a public survey, and the names or titles of its installer and manager as well.

Article 5(Standards of Survey) #

(1) Survey shall be executed according to the following standards: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6532, Dec. 19, 2001; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006>

1. The location shall be indicated by the geographical longitude and latitude, and by the elevation from the mean sea level: Provided, That if deemed necessary for producing the maps, it may be indicated by the rectangular coordinate, elevation from the mean sea level, polar coordinate, and the elevation from the mean sea level or geocentric orthogonal coordinate;

2. Geographical coordinates shall be measured by the world geodetic reference system;

3. The distance and area shall be indicated by the value on the rotating ellipsoid coordinates; and

4. The datum of the survey shall be the starting datum of the longitude and latitude of the Republic of Korea and the standard datum for levelling of the Republic of Korea: Provided, That this shall not apply to the case where approval of the president of the National Geographic Information Institute has been obtained when isolated islands are to be surveyed or when there are other special reasons.

(2) Detailed matters necessary for a determination, etc. of the world geodetic reference system, rotating ellipsoid, and the value of standard datum of survey under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 6532, Dec. 19, 2001>

Article 6(Research and Development, etc. of Survey Technology) #

For the development of the survey system and its technology, the Minister of Land, Transport and Maritime Affairs shall enforce the necessary policies for the research and development of new survey technology, for the introduction thereof and for the exchange of information thereon, etc. under the conditions as prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 6-2(Test of Survey Instruments) #

(1) Survey instruments shall undergo a performance test performed by the Minister of Land, Transport and Maritime Affairs (hereinafter "performance test"): Provided, That in the event that any survey instrument undergoes the correction test that is conducted by an agency in exclusive charge of national correction services provided for in Article 14 of the Framework Act on National Standards and it is recognized by the Minister of Land, Transport and Maritime Affairs as meeting the performance standards under paragraph (3), it shall be considered to have undergone the performance test. <Amended by Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(2) The act of surveying by means of such survey instruments that have not undergone the performance test, shall not be allowed.

(3) Necessary matters concerning the objects, period, performance standards, method and procedures, etc. of the performance test shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

(4) A person who has been registered as a performance test agent under Article 6-3 may conduct as proxy the performance test of the Minister of Land, Transport and Maritime Affairs under paragraph (1). <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 5284, Jan. 13, 1997]

Article 6-3(Registration of Performance Test Agent) #

(1) Any person who intends to conduct the performance test of survey instruments by proxy shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, Do governor of the Jeju Special Self-governing Province (hereinafter "Mayor/Do governor") by installing the technological capability and facilities, etc. as prescribed by Presidential Decree. In case where he intends to alter the matters as prescribed by Presidential Decree such as the technological capability and facilities, etc. from among the registered matters, he shall make an alteration registration and an alteration report under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(2) The Mayor/Do governor shall, in case where deemed satisfying the registration standards upon receipt of an application for a registration under paragraph (1) (including an alteration registration; hereinafter the same shall apply), deliver a registration certificate of survey instruments performance test agent to the relevant applicant and shall notify the Minister of Land, Transport and Maritime Affairs thereof after making a public announcement thereof. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(3) Necessary matters for the registration standards, registration procedures and test fees, etc. of the person who intends to register as a performance test agent under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

(4) A performance test agent shall be deemed as a public official in the application of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 8071, Dec. 20, 2006>

[This Article Wholly Amended by Act No. 6238, Jan. 28, 2000]

Article 6-4(Disqualification of Registration of Performance Test Agent) #

A person who falls under any of the following subparagraphs shall not register as a performance test agent: <Amended by Act No. 8071, Dec. 20, 2006>

1. An incompetent and a quasi-incompetent;

2. A person sentenced to bankruptcy and not reinstated as yet;

3. A person who is sentenced to imprisonment for a violation of this Act, and for whom two years have not elapsed since its execution was completed (including the case where it is deemed to have completed its execution) or exempted from its execution;

4. A person who is sentenced to a suspended sentence of imprisonment for a violation of this Act, and in the period of grace;

5. A person for whom two years have not elapsed since a revocation of his registration under Article 6-7 (1); and

6. A corporation for which there exists a person who falls under any of subparagraphs 1 through 5 from among its officers.

[This Article Newly Inserted by Act No. 6238, Jan. 28, 2000]

Article 6-5(Prohibition, etc. of Lending Certificate of Performance Test Agent) #

(1) No performance test agent shall have another person conduct the duty of performance test agent by using his name or trade name, nor shall commit an act of lending his certificate of performance test agent.

(2) No one shall conduct the duty of performance test agent by using name or trade name of another person, or shall use a certificate of performance test agent after borrowing it from another person.

[This Article Newly Inserted by Act No. 8071, Dec. 20, 2006]

Article 6-6(Report of Business Closure of Performance Test Agent) #

When a registered performance test agent has closed his business, he shall report it to the Mayor/Do governor as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 8071, Dec. 20, 2006]

Article 6-7(Revocation, etc. of Registration of Performance Test Agent) #

(1) The Mayor/Do governor shall, in case where a performance test agent comes to fall under any of the following subparagraphs, revoke his registration: <Amended by Act No. 8071, Dec. 20, 2006>

1. Where he has registered by an illegal means;

2. Deleted; <by Act No. 7102, Jan. 20, 2004>

3. Where he falls under any of the subparagraphs of Article 6-4;

3-2. Where he has had another person conduct the duty of performance test agent by using his name or trade name, or has lent his certificate of performance test agent in violation of Article 6-5 (1); or

4. Where he continually operates his business during the period of business suspension.

(2) The provisions of paragraph (1) shall not be applicable not later than the date when six months have elapsed since the date when a corporation has fallen under any of subparagraph 6 of Article 6-4 or when a successor to the status of a performance test agent has come to fall under any of subparagraphs 1 through 5 of Article 6-4. <Amended by Act No. 8071, Dec. 20, 2006>

(3) The Mayor/Do governor shall, in case where he has revoked a registration under paragraph (1) or (4), notify the Minister of Land, Transport and Maritime Affairs of it after making a public announcement thereof. <Amended by Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(4) The Mayor/Do governor may, if any performance test agent falls under any of the following subparagraphs, revoke his registration or order him to suspend his business for the period of not more than one year: Provided, That in the case of subparagraphs 1 through 3, he may only order the performance test agent to suspend the business: <Amended by Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006>

1. Where he fails to make an alteration registration or an alteration report of the registered matters in contravention of the latter part of Article 6-3 (1);

2. Where he refuses or avoids the performance test without any justifiable reasons;

3. Where he conducts a performance test by deceit or an illegal means;

4. Where he fails to meet the registration standards provided for in Article 6-3 (1): Provided, That the case where his failure to meet the registration standards is temporal and other cases prescribed by Presidential Decree shall be excluded therefrom; and

5. Where other administrative agency asks for revoking his registration or suspending his business in accordance with Acts and subordinate statutes.

[This Article Newly Inserted by Act No. 6238, Jan. 28, 2000]

Article 7(Plan for Fundamental Survey) #

The Minister of Land, Transport and Maritime Affairs shall draw up a long-term plan for the fundamental survey and the president of the National Geographic Information Institute shall draw up an annual plan for the fundamental survey. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

Article 8(Submission of Data and Investigation of Geography) #

(1) The head of Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall, in case where there have been changes in the topography and natural features within the area of his jurisdiction, report changes in the topography and natural features to the president of the National Geographic Information Institute as prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 8071, Dec. 20, 2006>

(2) When the head of public survey planning agency is performing or has completed a construction work, etc. of a kind and scale prescribed by Presidential Decree that invite changes in the topography and natural features, he shall notify the president of the National Geographic Information Institute of the changes in the topography and natural features. <Newly Inserted by Act No. 8071, Dec. 20, 2006>

(3) The president of the National Geographic Information Institute may ask the administrative agencies, or other persons concerned to submit the data on the fundamental survey or to conduct a geographical investigation. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8071, Dec. 20, 2006>

(4) Necessary matters concerning the details of notification on the completion drawing, etc. of construction work, etc. that invite changes in the topography and natural features under paragraph (2) and concerning the submission of data and investigation of geography under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

Article 9(Notification of Execution of Fundamental Survey and Public Notice Thereof) #

(1) The Minister of Land, Transport and Maritime Affairs shall, in case where he intends to execute a fundamental survey, notify in advance the area, period and other necessary matters to the Mayor/Do governor. This provision shall also apply to the case where a fundamental survey has been completed. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(2) The Mayor/Do governor shall, upon receipt of the notification under paragraph (1), without delay notify the head of Si/Gun/Gu, and make a public notice thereof under the conditions as prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000>

Article 10(Access to Land, etc.) #

(1) When necessary for the execution of a survey, the person who is engaged in the fundamental survey may have access to land or building of a third party. <Amended by Act No. 5284, Jan. 13, 1997>

(2) In a case where a person intends to come in and out of a building, a housing site, a dry or paddy field with the crops growing on it, or the land, of a third party, which is surrounded by a wall or fence, in accordance with the provisions of paragraph (1), he shall, in advance, notify its occupant of his intention; and, before sunrise and after sunset, he shall not be allowed to enter the dwelling place of a third party, or the land of a third party, which is surrounded by a wall or fence, without the consent of its occupant: Provided, That this provision shall not apply to the case where the occupant is unknown, or where there are other unavoidable reasons. <Amended by Act No. 5284, Jan. 13, 1997>

(3) The person who desires to come in and out of the land or building of a third party, under the provisions of paragraph (1), shall carry a certificate that indicates his authority and produce it to the person(s) concerned.

(4) Necessary matters concerning the certificate of authority, as prescribed in the provisions of paragraph (3), shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 11(Alteration or Removal of Obstacles) #

(1) In cases where the person who is engaged in the fundamental survey finds it necessary for the execution of his survey, he may alter or remove, in advance, plants or other things which are in the way of the said survey, with the consent of their owner(s) or occupant(s) having been obtained: Provided, That this provision shall not apply to the case where the owner(s) or occupant(s) is unknown, or where there are other unavoidable reasons. <Amended by Act No. 5284, Jan. 13, 1997>

(2) In cases where plants or other things have been altered or removed under the proviso to paragraph (1), their owner(s) or occupant(s) shall be notified without delay.

Article 12(Temporary Use of Land, etc.) #

In a case where a person who is engaged in the fundamental survey finds it necessary, in order to install a temporarily installed survey mark, he may use, temporarily, the land, buildings, bamboo and trees, or other structures, after having notified, in advance, their owner or occupant of it: Provided, That this provision shall not apply to the case where their owner(s) or occupant(s) is unknown, or where there are other unavoidable reasons. <Amended by Act No. 5284, Jan. 13, 1997>

Article 12-2(Land Occupant’s Duty of Toleration) #

The occupant of the land, etc., shall not, without justifiable reason, refuse or interfere with the execution of the duties of the person who is engaged in the fundamental survey as prescribed in the provisions of Article 10 and 12.

[This Article Newly Inserted by Act No. 5284, Jan. 13, 1997]

Article 13(Expropriation or Use of Land) #

(1) In a case where the Minister of Land, Transport and Maritime Affairs finds it necessary, for the execution of a fundamental survey, he may expropriate or use land, buildings, bamboo and trees, or other structures. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) In so far as the expropriation or use as prescribed in the provisions of paragraph (1) is concerned, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply. <Amended by Act No. 6656, Feb. 4, 2002; Act No. 8071, Dec. 20, 2006>

Article 14(Compensation for Loss) #

(1) In cases where there is a person who has suffered from a loss by the acts as prescribed in the provisions of Articles 10 through 12, the president of the National Geographic Information Institute shall compensate for the loss, under the conditions as prescribed by Presidential Decree. <Amended by Act No. 7102, Jan. 20, 2004>

(2) As for the compensation for loss, as prescribed in the provisions of paragraph (1), the president of the National Geographic Information Institute shall consult with the person who has suffered from the loss concerned. <Amended by Act No. 7102, Jan. 20, 2004>

(3) In a case where the consultation, as prescribed in the provisions of paragraph (2), has not led to an agreement, the president of the National Geographic Information Institute or the person who has suffered from the loss concerned may apply for an adjudication by the competent Land Expropriation Committee, under the conditions as prescribed by Presidential Decree. <Amended by Act No. 7102, Jan. 20, 2004>

Article 15(Notification, etc. of Installation of Survey Markers) #

(1) In a case where the Minister of Land, Transport and Maritime Affairs has established a permanent or temporary survey marker for the execution of a fundamental survey, he shall notify the competent Mayor/Do governor of its nature and the location where it has been established under conditions prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) When the Mayor/Do governor has been notified, as prescribed in the provisions of paragraph (1), he shall, without delay, notify the head of Si/Gun/Gu thereof. <Amended by Act No. 5284, Jan. 13, 1997>

(3) Under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, the head of Si/Gun/Gu shall investigate the current condition of the permanent and temporary survey markers installed within the area of his jurisdiction, not less than once a year, and shall report the results of his investigation to the Minister of Land, Transport and Maritime Affairs, via the Mayor/Do governor. This shall also apply to the case where the said permanent or temporary survey markers have been found to have been destroyed or damaged, or found to be in any other abnormal condition. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 16(Management of Survey Markers) #

The president of the National Geographic Information Institute shall manage the survey markers established for the purpose of the fundamental survey, and may investigate the current condition of the survey markers established for the purpose of the fundamental survey, in cases where he finds it necessary for proper management of the said survey markers. <Amended by Act No. 7102, Jan. 20, 2004>

Article 17 #

Deleted.<by Act No. 5284, Jan. 13, 1997>

Article 18(Protection of Survey Markers) #

(1) No person shall be allowed to move, inflict damage on or destroy, or do any other kinds of harm against the utility of the survey markers installed for the purpose of the fundamental survey.

(2) The head of Si/Gun/Gu shall keep an eye on the survey markers installed within the area of his jurisdiction.

Article 19(Notification upon Moving, etc. Survey Markers) #

(1) In a case where the president of the National Geographic Information Institute has moved, removed or destroyed a permanent or temporary survey marker installed for the purpose of the fundamental survey, he shall, without delay, notify what he has done to the competent Mayor/Do governor and the owner or occupant of the site concerned. <Amended by Act No. 7102, Jan. 20, 2004>

(2) In a case where the Mayor/Do governor has been notified, as prescribed in the provisions of paragraph (1), he shall notify it to the head of Si/Gun/ Gu without delay.

Article 20(Application for Move of Survey Markers) #

(1) A person who intends to inflict damage on or destroy, or do any other kinds of harm against the utility of survey markers, within an area a permanent or temporary survey marker is installed for the purpose of the fundamental survey, shall file an application for their move with the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) When the Minister of Land, Transport and Maritime Affairs receives an application under paragraph (1), he shall move the survey marker except for the cases where it does not obstruct the fulfillment of the object of the applicant’s activity even though the survey marker is not moved, and where it is impossible to move the survey marker, he shall notify the applicant of it. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(3) The expenses required for the move of the survey markers, as prescribed in the provisions of paragraph (2), shall be borne by the applicant concerned.

Article 21(Notification and Custody of Survey Results) #

(1) The president of the National Geographic Information Institute shall give a public notice of the results of the fundamental survey, under the conditions as prescribed by Presidential Decree. <Amended by Act No.

7102, Jan. 20, 2004>

(2) The president of the National Geographic Information Institute shall have the custody of the results and the records of the fundamental survey, and shall have them available for the public viewing. <Amended by Act No. 7102, Jan. 20, 2004>

Article 22(Application for Issuance of Copies of Survey Results, etc.) #

(1) A person who desires to get copies of the results or the records of the fundamental survey, shall file an application for them with the president of the National Geographic Information Institute. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004>

(2) In cases where the president of the National Geographic Information Institute has received the application, as prescribed in the provisions of paragraph (1), he shall issue copies of the results or the records of the fundamental survey unless the application under consideration falls under any of the following subparagraphs: <Newly Inserted by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

1. In a case where the president of the National Geographic Information Institute finds that there exists a danger that the material interests of the State, such as the national security, the national defense, etc. may be put in a difficult situation;

2. In a case where the survey results or records, under consideration, have been legally categorized as matters that should not be known to the public, such as they are to be maintained as secrets or their perusal is limited, etc., in accordance with other Acts and subordinate statutes; and

3. In other cases, similar to the ones as provided in subparagraphs 1 and 2, which fall under the reasons as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Article 23(Publication, etc. of Survey Results) #

(1) Under the conditions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, the president of the National Geographic Information Institute shall publish maps and other necessary publications (hereinafter referred to as the "maps, etc.") by using the results of the fundamental survey, and sell or distribute them. In such cases, the matters which are likely to inflict damage to national security shall not be indicated on the maps, etc. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(2) The president of the National Geographic Information Institute may designate an agent in order to have him publish, sell or distribute the maps, etc. as prescribed in paragraph (1), or to have him sell or distribute the published maps, etc. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006>

(3) The agent under the provisions of paragraph (2) shall pay the expenses spent for the making, etc. of the negative plates of the maps, etc., to the president of the National Geographic Information Institute, under the conditions as prescribed by Presidential Decree. <Amended by Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004>

(4) When the agent (hereinafter "agent of map sales") who sells or distributes maps, etc. under paragraph (2) falls under any of the following subparagraphs, the president of the National Geographic Information Institute may cancel the designation of agent of map sales: Provided, That if he falls under subparagraph 1, the designation of agent of map sales shall be cancelled: <Newly Inserted by Act No. 8071, Dec. 20, 2006>

1. Where he has obtained designation of agent of map sales by fraud or other fraudulent methods;

2. Where he has come to fall short of the standards for designation of agent of map sales under paragraph (5);

3. Where he has reproduced and distributed survey results or survey records without permission;

4. Where he has published maps, etc. in violation of Article 25 (1);

5. Where he has taken abroad maps, national base maps of the coastal area, and photos taken for the purpose of survey in violation of Article 27; or

6. Where he has not conducted the duty of selling maps as proxy for two months or longer without justifiable reasons.

(5) The standards for designation and management of agent of map sales and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(6) The sale price of the maps, etc. as prescribed in the provisions of paragraph (1) shall be determined by the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(7) The president of the National Geographic Information Institute may designate, as the national base map, a map which satisfies the requirements as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, from among the maps published under the provisions of paragraph (1). <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

Article 24(Reproduction of Survey Results, etc.) #

(1) A person who intends to reproduce the results or records of the fundamental survey shall apply to the president of the National Geographic Information Institute under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5800, Feb. 5, 1999; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(2) The survey results or records reproduced under the provisions of paragraph (1), shall not be sold.

(3) Where the president of the National Geographic Information Institute has received an application for reproduction under paragraph (1), he shall permit reproduction except for the cases falling under any of the following subparagraphs: <Newly Inserted by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

1. Where it is apprehended to harm important national interests, such as national security, national defense, etc.;

2. Where it is prescribed as a confidential matter, such as the one being kept secret, perusal of which is restricted and so on under other Acts and subordinate statutes;

3. Where reproduction is used for commercial purpose; or

4. Where it falls under other cause prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 5284, Jan. 13, 1997]

Article 25(Use of Survey Results, etc.) #

(1) A person who desires to publish the maps, etc. by using the results and records of the fundamental survey or by using the maps, etc. as prescribed in the provisions of Article 23 (1) and (2), and then sell or distribute them, shall go through the examination of the president of the National Geographic Information Institute before the publication of the maps, etc., under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(2) Notwithstanding the provisions of paragraph (1), the provisions of Articles 29, 33 and 34 shall apply to cases where the person who desires to publish the maps, etc. is a public survey planning agency. <Amended by Act No. 5284, Jan. 13, 1997>

(3) A person who publishes, and then sells or distributes the maps, etc. under the provisions of paragraphs (1) and (2), shall indicate the results or records of the fundamental survey used on the said maps, etc., under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(4) The survey results, which are in conflict with the survey results publicly notified under Article 21 (1), shall not be used.

Article 25-2(Fees for Use of Survey Results, etc.) #

A person who intends to use the survey results or records of fundamental survey shall pay the fees for use to the president of the National Geographic Information Institute under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the president of the National Geographic Information Institute may, for the public survey planning agency, reduce or exempt the fees for use under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 6238, Jan. 28, 2000]

Article 26(Revision of Survey Results) #

In cases where the results of a fundamental survey are different from the state concerned, because of the change of the earth crust, the land shape, and the land features by the president of the National Geographic Information Institute, the said results of the fundamental survey shall

be revised without delay. <Amended by Act No. 7102, Jan. 20, 2004>

Article 27(Prohibition of Taking Survey Results Abroad) #

(1) Except for such cases as prescribed by Presidential Decree, no person shall take abroad the map, the national base map of the coastal area, and the photos taken for the purpose of survey, from among the results of a fundamental survey, without permission of the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) When the Minister of Land, Transport and Maritime Affairs intends to give permission under paragraph (1), he shall permit to take it abroad except for the cases falling under any of the following subparagraphs: <Newly Inserted by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

1. Where it is apprehended to harm important national interests, such as national security, national defense, etc.;

2. Where it is prescribed as a confidential matter, such as the one being kept secret, perusal of which is restricted and so on under other Acts and subordinate statutes; or

3. Where it is similar to the cases thereto, which falls under the cause prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Article 28(Basis for Public Survey) #

The public survey shall be executed on the basis of the results of the fundamental survey or of other public surveys.

Article 29(Working Regulations of Public Survey) #

(1) In cases where the public survey planning agency desires to execute a public survey, it shall, in advance, draw up the working regulations for the survey concerned in accordance with the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and shall have them authorized by the Minister of Land, Transport and Maritime Affairs. This provision shall also apply to cases where it desires to change the said working regulations. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) The public survey shall be executed under the working regulations as prescribed in the provisions of paragraph (1).

(3) The Minister of Land, Transport and Maritime Affairs may, in case where the public survey planning agency conducts a public survey without the approval under paragraph (1), request the correction thereof. <Newly Inserted by Act No. 6238, Jan. 28, 2000; Act No. 8852, Feb. 29, 2008>

Article 30(Request for Submission of Public Survey Plans) #

(1) In cases where the Minister of Land, Transport and Maritime Affairs finds it necessary, for the purpose of securing an accuracy of public surveys or for the purpose of avoiding possible duplication of public surveys, he may request the public survey planning agency to submit long-term plans, or annual plans, of public surveys. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) The Minister of Land, Transport and Maritime Affairs shall review the appropriateness of the plans submitted, under the provisions of the paragraph (1), and coordinate them according to the results of the said review; and shall notify the public survey planning agency of the results of the review and coordination. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 31(Request for Materials and Notification of Establishment of Survey Mark) #

(1) The public survey planning agency or the public survey execution agency, may order or request the administrative agencies, or other persons concerned, to submit necessary materials for public surveys.

(2) In cases where the public survey planning agency has established a permanent marker for the execution of a public survey, he shall notify the location of its establishment and other necessary matters to the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(3) Deleted. <Act No. 5284, Jan. 13, 1997>

Article 32(Application Mutatis Mutandis of Provisions Concerning Fundamental Survey) #

The provisions of Articles 9 through 14, 15, 16, 18 through 20, 24, 25, and 27 shall apply mutatis mutandis to the public survey. <Amended by Act No. 5284, Jan. 13, 1997>

Article 33(Submission of Copies of Survey Results and Survey Records) #

(1) In cases where the public survey planning agency has obtained the result of a public survey, he shall, without delay, send a copy of the result to the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) In cases where the Minister of Land, Transport and Maritime Affairs finds it necessary, he may have the public survey planning agency submit a copy of its survey records. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 34(Examination of Survey Results) #

(1) In cases where the Minister of Land, Transport and Maritime Affairs has received a copy of the survey results, as prescribed in the provisions of Article 33 (1), he shall examine it without delay, and shall notify the public survey planning agency of the results of the examination. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) In cases where the Minister of Land, Transport and Maritime Affairs has discovered, as a result of the examination prescribed in the provisions of paragraph (1), that the survey results in question have a sufficient degree of accuracy, he shall give public notice of the said survey results, under the conditions prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(3) No survey result, which is different from the survey results given public notice of under the provisions of paragraph (2), shall be allowed to be used.

Article 35(Keeping, on File, and Public Viewing of Survey Results) #

(1) The public survey planning agency shall keep, on file, the results and the records of public surveys, and shall have them available for public viewing.

(2) A person who desires to obtain copies of the results and the records of public surveys shall apply to the public survey planning agency. <Amended by Act No. 5284, Jan. 13, 1997>

(3) The president the National Geographic Information Institute shall keep, on file, the copies of the survey results and the survey records, which were sent to himself under Article 33, and shall have them available for public viewing. <Amended by Act No. 7102, Jan. 20, 2004>

Article 35-2(Publication of Public Survey Results) #

The public survey planning agency may publish the maps, etc. using the survey results of the public survey, and sell or distribute them under the conditions as prescribed by Presidential Decree. In such cases, the matters which are likely to inflict harms on the national security as prescribed by Presidential Decree, such as the military installations, etc. under the Protection of Military Bases and Installations Act shall not be indicated on the maps, etc. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8733, Dec. 21, 2007>

[This Article Newly Inserted by Act No. 6238, Jan. 28, 2000]

Article 36(Basis for General Survey) #

In principle, the general survey shall be executed on the basis of the results and records of the fundamental survey or the public survey.

Article 37(Submission of Survey Results, etc.) #

Under the conditions as prescribed by Presidential Decree, the Minister of Land, Transport and Maritime Affairs may have the person, who has executed a general survey, submit a copy of the result and the record of the general survey under consideration. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 38(Surveys Corresponding to Public Surveys) #

(1) As for such a general survey that has much to do with public interests and, concurrently, has been prescribed by Presidential Decree, the Minister of Land, Transport and Maritime Affairs may designate it as a public survey. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) The provisions concerning the public survey shall apply mutatis mutandis to the survey designated as a public survey in accordance with the provisions of paragraph (1).

Article 39(Registration of Survey Business) #

(1) A person who desires to run a survey business shall register his survey business by type of survey business as prescribed by Presidential Decree, with the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor. This shall also apply to cases where alterations are to be made to the registered matters. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(2) As prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor shall deliver a certificate and a pocketbook of registration of survey business to the survey businessman who has registered his business under the provisions of paragraph (1). <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(3) Deleted. <by Act No. 5284, Jan. 13, 1997>

(4) Deleted. <by Act No. 5800, Feb. 5, 1999>

(5) Necessary matters concerning the standards and the procedures of the registration as prescribed in the provisions of paragraph (1) shall be prescribed by Presidential Decree.

Article 39-2(Succession to Status of Survey Business) #

(1) In case where a person who has registered his survey business has transferred his business or died, or where there has been a merger of corporations, the transferee of relevant business, successor or a corporation surviving after the merger or a corporation established by the merger, shall succeed to the status of former survey businessman.

(2) A person who has succeeded to the status of survey businessman under paragraph (1) shall report thereon to the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor within 30 days from the date when the relevant cause has occurred. <Amended by Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 6238, Jan. 28, 2000]

Article 40(Disqualifications for Registration of Survey Business) #

A person falling under any of the following subparagraphs shall not register a survey business: <Amended by Act No. 8071, Dec. 20, 2006>

1. An incompetent or quasi-incompetent;

2. A person who has been declared bankrupt, and has not yet been reinstated;

3. A person who was sentenced to imprisonment without prison labor or heavier penalty for the violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and for whom two years have not elapsed since the completion of its execution (including the case where it is deemed that its execution was completed) or the date when its execution was exempted;

4. A person who has been declared a suspended sentence of punishment heavier than imprisonment without prison labor for the violation of this Act, the National Security Act or Articles 87 through 104 of the Criminal Act, and who is still in the period of grace;

5. A person for whom two years have not yet lapsed after his registration of survey business was revoked under Article 46; and

6. A juristic person which has a person who falls under any of subparagraphs 1 through 5 among its officers.

[This Article Wholly Amended by Act No. 6238, Jan. 28, 2000]

Article 41(Duty of Making Reports of Survey Businessmen) #

(1) In case where a survey businessman falls under any of the following subparagraphs, the person who is prescribed in the relevant subparagraph shall report the fact to the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor under the conditions as prescribed by Presidential Decree: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

1. through 3. Deleted; <by Act No. 5800, Feb. 5, 1999>

4. In case where the juristic person which used to be a survey businessman has been dissolved, on account of a reason other than the bankruptcy or merger, its liquidator; and

5. In case where the survey businessman has permanently closed his business, the survey businessman himself or the representative of the said juristic person.

(2) Deleted. <by Act No. 5284, Jan. 13, 1997>

Article 42(Placement of Survey Technician on Field) #

Under the conditions as prescribed by Presidential Decree, the survey businessman shall place survey technicians on the field of his survey project during the period of survey project, so that the latter may manage the said survey project.

Article 43(Prohibition on Lending Survey Business Registration Certificate) #

(1) A survey businessman shall be prohibited from performing the act of getting other person to render the survey service using his name or his firm name or from lending his registration certificate or his registration pocketbook to the latter.

(2) No person shall perform the survey service by using other person’s name and firm name, and renting other person’s registration certificate, registration pocketbook or surveying technique record certificate (including the construction technique record certificate provided for in Article 6-2 of the Construction Technology Management Act) in order to use them. <Amended by Act No. 8071, Dec. 20, 2006>

[This Article Newly Inserted by Act No. 7102, Jan. 20, 2004]

Article 44(Comprehensive Management of Information concerning Survey Businessman) #

(1) The Minister of Land, Transport and Maritime Affairs may comprehensively manage information on the survey businessman, such as capital, business conditions, performance record of survey services, present situation of survey technician and equipment on hand, etc. and supply it to the placers of order of survey service, administrative agencies, related organizations, etc. <Amended by Act No. 8852, Feb. 29, 2008>

(2) The survey businessman shall report the information under paragraph (1) to the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

(3) Methods and procedures of supply and report of information under paragraphs (1) and (2) and other matters necessary for the comprehensive management of information on survey businessman shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 8071, Dec. 20, 2006]

Article 45 #

Deleted.<by Act No. 5800, Feb. 5, 1999>

Article 46(Revocation, etc. of Registration of Survey Business) #

(1) In case where a survey businessman falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor shall revoke the registration of the survey business: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 5800, Feb. 5, 1999; Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

1. Where he has violated the provisons of Article 43 (1) and (2);

2. Where he has done the registration as prescribed in Article 39, by falsity or other illegal means;

3. Where he falls under any of subparagraphs of Article 40; and

4. Where he violates the disposition of business suspension under paragraph (3).

(2) The provisions of paragraph (1) shall not be applicable until the date when six months have elapsed since a corporation fell under subparagraph 6 of Article 40, or since a successor to the status of the survey businessman fell under any of subparagraphs 1 through 5 of Article 40.<Newly Inserted by Act No. 6238, Jan. 28, 2000>

(3) In case where a survey businessman falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor may revoke the registration of his survey business, or order him to suspend his business operation with fixing a period of not more than one year: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

1. Where he has inaccurately conducted his survey intentionally or by fault;

2. Where he has failed to meet the registration standards under Article 39 (1): Provided, That cases where he has temporarily failed to meet the registration standards and other cases prescribed by Presidential Decree shall be excluded therefrom;

3. Where other administrative agency has asked the Minister of Construction and Transportation or the Mayor/Do governor to revoke his survey business registration or to suspend his survey business under conditions prescribed by other Acts or subordinate statutes; and

4. Deleted. <by Act No. 5800, Feb. 5, 1999>

Article 47(Hearing) #

The Minister of Land, Transport and Maritime Affairs, the president of the National Geographic Information Institute or Mayor/Do governor shall hold a hearing in cases where he intends to conduct disposition falling under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>

1. Revocation of the registration of performance test agent under Article 6-7 (1) or (4);

2. Revocation of designation of agent of map sales under Article 23 (4); or

3. Revocation of registration of survey business under Article 46 (1) or (3).

[This Article Wholly Amended by Act No. 8071, Dec. 20, 2006]

Article 48(Execution of Survey Projects, etc. by Survey Businessman after Disposition of Registration Revocation, etc.) #

(1) The survey businessman, who has been subjected to the disposition of business suspension or registration revocation, or whose general successor may continue to conduct the survey project contracted before the said disposition. <Amended by Act No. 6238, Jan. 28, 2000>

(2) In the case of paragraph (1), the survey businessman or his general successor shall, without delay, notify the contents of relevant disposition to the person who has placed an order of survey project.

(3) A person who continues to conduct a survey project in accordance with the provisions of paragraph (1), shall be considered as a survey businessman until the date of the completion of the survey project.

(4) Except for cases where there exist any special reasons, the person who has placed an order of survey project may terminate the contract for survey project, only within 30 days from the date of receiving the notification under paragraph (2) from the relevant survey businessman, or from the date when he has come to know of the relevant facts.

Article 49(Report and Inspection) #

(1) In case where the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor deems that a survey businessman inaccurately makes a survey or does not meet the standards for the registration, he may have a survey businessman make necessary reports, or may have the public officials under his jurisdiction inspect the field. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 5800, Feb. 5, 1999; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(2) The public official who conducts the inspection under the provisions of paragraph (1) shall carry a certificate that indicates his authority, and produce it to the persons concerned.

(3) Necessary matters concerning the certificate as prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

Article 49-2(Submission of Material for Registration, etc., of Agent of Performance Test and Survey Business) #

The Minister of Land, Transport and Maritime Affairs may ask the Mayor/Do governor to submit the material concerning the current state on registrations, etc. of the agent of performance test and survey business. <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 7102, Jan. 20, 2004]

Article 50(Survey Technician) #

No person other than a survey technician shall be allowed to conduct a survey as prescribed in this Act.

[This Article Wholly Amended by Act No. 5800, Feb. 5, 1999]

Article 50-2(Responsibility, etc. of Good Faith) #

Survey technicians shall survey land impartially with good faith, and shall not refuse land survey without justifiable reasons.

[This Article Newly Inserted by Act No. 8071, Dec. 20, 2006]

Article 51(Prohibition on Lending, etc. Surveying Technique Record Certificates) #

Every survey technician shall be prohibited from getting other person to render his survey service by using his own name or lending his surveying technique record certificate to other person.

[This Article Newly Inserted by Act No. 7102, Jan. 20, 2004]

Article 52(Suspension of Survey Technician’s Survey Service) #

(1) When a survey technician (excluding the survey technician who is a construction technician provided for in subparagraph 8 of Article 2 of the Construction Technology Management Act) falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may suspend the performance of the duty of survey service for a specified period of not more than one year: <Amended by Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

1. When he has reported his place of work, career, etc. fraudulently or reported the alteration thereof fraudulently in violation of Article 2-3 (6); or

2. When he has had another person conduct the duty of survey service by using his name or has lent his surveying technique record certificate in violation of Article 51.

(2) Standards for suspending the survey service in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 7102, Jan. 20, 2004]

Article 53(Survey Projects Cost) #

(1) Necessary matters concerning the standards and the calculation methods of the cost of fundamental survey projects and public survey projects (hereinafter referred to the "survey projects cost"), shall be prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997>

(2) When the Minister of Land, Transport and Maritime Affairs intends to set forth the standards for survey projects cost, he shall consult with the Minister of Strategy and Finance. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 8852, Feb. 29, 2008>

Article 54(Formation of Survey Association) #

(1) Survey businessmen and survey technicians may form a survey association (hereinafter referred to as the "association") in order to preserve their dignity, to improve their survey techniques, and to contribute to the development of a sound survey system. <Amended by Act No. 5284, Jan. 13, 1997>

(2) The association shall be in the form of a juristic person.

(3) The association shall be formed upon completing the registration of its formation where the seat of its principal office is to be located.

(4) Survey businessmen and survey technicians may become members of the association under the conditions as prescribed by the articles of association. <Amended by Act No. 5284, Jan. 13, 1997>

(5) Deleted. <by Act No. 5800, Feb. 5, 1999>

(6) Deleted. <by Act No. 5284, Jan. 13, 1997>

Article 54-2(Authorization, etc. for Establishing Association) #

(1) When it is intended to establish an association, not less than 300 survey technicians and not less than 10 percent of survey businessmen shall act as founders in oder to make the articles of association after going through a resolution of the inaugural general meeting and obtaining authorization thereof from the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>

(2) Matters to be entered in the articles of association shall be prescribed by Presidential Decree.

(3) The Minister of Land, Transport and Maritime Affairs shall, when he grants the authorization referred to in paragraph (1), publish it under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 7102, Jan. 20, 2004]

Article 55(Supervision, etc. over Association) #

Matters concerning the supervision over the association or other necessary matters shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 5800, Feb. 5, 1999]

Article 56(Application Mutatis Mutandis of Provisions of Civil Act) #

Except for the cases for which there are provisions in this Act, the provisions, concerning incorporated associations of the Civil Act, shall apply mutatis mutandis to the association. <Amended by Act No. 8071, Dec. 20, 2006>

Article 57(Geographical Names) #

All other geographical names than the ones determined by the Local Autonomy Act and other Acts and subordinate statutes, shall be determined in accordance with the provisions of Article 58, and then, shall be given a public notice of by the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

Article 58(Geographical Names Committee) #

(1) In order to deliberate and decide on the naming and alteration of geographical names and other important matters concerning the geographical names, the Central Geographical Names Committee shall be established within the Ministry of Land, Transport and Maritime Affairs, the City/Do Geographical Names Committee shall be established at the level of the Special Metropolitan City, Metropolitan City or Do, and the Si/ Gun/Gu Geographical Names Committee, at the level of the Si/Gun/Gu (hereinafter referring to the autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(2) The City/Do Geographical Names Committee shall deliberate and decide on the geographical names after being reported by the Si/Gun/Gu Geographical Names Committee, and then, shall make a report, on its decision, to the Central Geographical Names Committee; and the Central Geographical Names Committee shall deliberate and decide upon the geographical names after being reported by the City/Do Geographical Names Committee: Provided, That where the matters of deliberation and decision extend over two or more Sis/Guns/Gus, the City/Do Geographical Names Committee shall report to the Central Geographical Names Committee after deliberation and decision after hearing opinions of the head of Si/Gun/Gu; and in cases where it extends over two or more Special Metropolitan City, Metropolitan Cities/Dos or Jeju Special Self-governing Province, the Central Geographical Names Committee may deliberate and decide after hearing opinions of the Mayors/Do governors concerned. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8071, Dec. 20, 2006>

(3) The Minister of Land, Transport and Maritime Affairs shall give a public notice of the geographical names, deliberated and decided upon by the Central Geographical Names Committee, under the conditions as prescribed by Presidential Decree <Amended by Act No. 5284, Jan. 13, 1997; Act No. 8852, Feb. 29, 2008>

(4) Necessary matters, except for those as provided in this Act, concerning the function, formation, operation of the Central Geographical Names Committee, shall be prescribed by Presidential Decree; and necessary matters, except for those provided in this Act, concerning the function, formation, operation of the City/Do Geographical Names Committee and of the Si/Gun/Gu Geographical Names Committee, shall be prescribed by the Municipal Ordinance of the local government concerned, in accordance with the standards as prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997>

Article 58-2(Request, etc. for Data) #

When necessary for the deliberation and decision of naming and alteration of geographical names under Article 58 and for other matters on the geographical names, the Minister of Land, Transport and Maritime Affairs may request, the heads of related agencies and local governments to submit or confirm necessary information or data. <Amended by Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 8071, Dec. 20, 2006]

Article 59(Surveying and Mapping Council) #

(1) The Surveying and Mapping Council shall be established and placed in the National Geographic Information Institute in order to advise the president of the National Geographic Information Institute on important matters concerning a survey. <Amended by Act No. 7102, Jan. 20, 2004>

(2) Necessary matters concerning the organization and operation, etc. of the Survey and Mapping Council as provided in paragraph (1) shall be prescribed by Presidential Decree.

Article 60(Taking Works from Outside) #

In case where he finds it necessary for the benefit of public interest, and in so far as his Institute’s duties are not hampered, the president of the National Geographic Information Institute may conduct surveys entrusted by the general public, under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

Article 61(Delegation and Entrustment, etc. of Authority) #

(1) Under the conditions as prescribed by Presidential Decree, the Minister of Land, Transport and Maritime Affairs may delegate part of his authority as prescribed in this Act, to the Mayor/Do governor, the president of the National Geographic Information Institute, or the Administrator of the Regional Construction and Management Office. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(2) The following authority, from among that of the Minister of Land, Transport and Maritime Affairs or that of the president of the National Geographic Information Institute as prescribed in this Act, may be entrusted to the association or non-profit institutions that are established with permission of the Minister of Land, Transport and Maritime Affairs in accordance with Article 32 of the Civil Act and have survey-related manpower and equipment prescribed by Presidential Decree: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 5800, Feb. 5, 1999; Act No. 6532, Dec. 19, 2001; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

1. The examination of the maps, etc. as prescribed in the provisions of Article 25 (1);

2. The examination of the public survey as prescribed in the provisions of Article 34 (1); and

3. Other matters prescribed by Presidential Decree.

(3) Officers and employees of the association or non-profit institutions who are engaged in the work that is entrusted by the Minister of Land, Transport and Maritime Affairs and the president of the National Geographic Information Institute under paragraph (2) shall be deemed public officials in the application of the provisions of Articles 127 and 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

Article 62(Fees) #

The person who applies for any of the following matters, shall pay the fee under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the said fee may be waived in cases where the applicant is an agency as prescribed in subparagraph 3 of Article 2: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 5800, Feb. 5, 1999; Act No. 6238, Jan. 28, 2000; Act No. 8852, Feb. 29, 2008>

1. Application for the performance test as prescribed in the provisions of Article 6-2 (1);

2. Application for the registration of the performance test agent as prescribed in the provisions of Article 6-3;

3. Application for the issuance of a copy of the result, etc. of a survey as prescribed in the provisions of Articles 22 and 35 (2);

4. Application for reproduction of the result, etc. of a survey as prescribed in the provisions of Article 24 (1) (including the cases applied mutatis mutandis under the provisions of Article 32);

5. Application for the examination of the maps, etc. as prescribed in the provisions of Article 25 (1) (including the cases applied mutatis mutandis under the provisions of Article 32);

6. Application for permission on taking the result of a survey out of the Korean national boundary, as prescribed in the provisions of Article 27 (including the cases applied mutatis mutandis under the provisions of Article 32);

7. Application for the registration of a survey business as prescribed in the provisions of Article 39; and

8. Application for the re-issuance of a certificate or a pocketbook of registration.

Article 63(Penal Provisions) #

The survey businessman who has made a bid at the price concocted, in advance, by conspiracy with other bidders, or who has been in the way of the submission of an estimate or of a bidding by another person, in a competitive bidding, shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004>

Article 64(Penal Provisions) #

A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006>

1. A person who has done, in a false manner, the performance test as prescribed in the provisions of Article 6-2 (1);

2. A person who has registered by a fraudulent method, or who has continued his business during the period of business suspension in violation of Article 6-7 (1) or subparagraph 4;

3. A person who has violated the provisions of Article 18 (1);

4. A person who has intentionally made the result of a survey contrary to the fact;

5. A person who has violated the provisions of Article 24 (2);

5-2. A person who has examined maps, etc. under Article 25 (1) different from the truth intentionally;

6. A person who has violated the provisions of Article 27 (including the cases applied mutatis mutandis under the provisions of Article 32);

7. A person who has registered his survey business by an illegal means; or

8. A person who has examined public survey results under Article 34 (1) different from the truth intentionally.

Article 65(Penal Provisions) #

A person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 5800, Feb. 5, 1999; Act No. 6238, Jan. 28, 2000; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006>

1. Person who has conducted a performance test by proxy without making a registration as prescribed in Article 6-3 (1);

1-2. Person who has had another person conduct the duty of performance test agent by using his name or trade name or has lent his certificate of performance test agent to another person, or who has had a person conduct the duty of performance test agent by using another person’s name or trade name or has used a certificate of performance test agent after borrowing it from another person in violation of Article 6-5;

2. Person who has reproduced survey results or survey records without the necessary permission obtained, in violation of the provisions of Article 24 (1);

3. Person who has sold or distributed maps, etc. without having gone through the necessary examination as prescribed in the provisions of Article 25 (1);

4. Deleted; <by Act No. 5800, Feb. 5, 1999>

5. Person who has run his survey business without having registered it in accordance with the provisions of Article 39;

6. Person who has violated the provisions of Article 43 (1) and (2);

7. Person who has violated the provisions of Article 50; and

8. Deleted. <by Act No. 7102, Jan. 20, 2004>

Article 66 #

Deleted.<by Act No. 5800, Feb. 5, 1999>

Article 67(Joint Penal Provisions) #

In case where the representative of a juristic person or an agent, servant or employee of such juristic person or an individual has committed any of the acts of violation corresponding to the penal provisions of Articles 63 through 65 in connection with the business of the said juristic person or individual, not only the violator shall be punished, but also the said juristic person or individual shall be punished by the fine as prescribed in the relevant Article. <Amended by Act No. 6238, Jan. 28, 2000>

Article 68(Fine for Negligence) #

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won: <Amended by Act No. 5284, Jan. 13, 1997; Act No. 5800, Feb. 5, 1999; Act No. 6238, Jan. 28, 2000; Act No. 8071, Dec. 20, 2006>

1. A person who has reported fraudulently in violation of Article 2-3 (6);

1-2. A person who undergoes a performance test under Article 6-2 (1) by an illegal means;

2. A person who conducts a survey using the survey instruments which have not undergone a performance test, in violation of the provisions of Article 6-2 (2);

3. A person who fails to make an alteration registration or an alteration report of a performance test agent, in violation of the provisions of the latter part of Article 6-3 (1);

3-2. A person who has not reported closure of business in violation of Article 6-6;

4. A person who refuses or interferes with the entry into the land or buildings under Article 10 without any justifiable reason;

5. A person who refuses or interferes with the temporary use of land, bamboos and trees, buildings, or other structures under Article 12 without any justifiable reason;

6. A person who violates the provisions of Article 25 (4) or 34 (3);

7. A person who fails to make a report, in violation of the provisions of Article 39-2 (2);

8. A person who fails to make the alteration registration under the latter part of Article 39 (1);

9. A person who fails to make the report under Article 41, or who has made the said report in a false manner;

9-2. A person who has not reported or has reported fraudulently in violation of Article 44 (2); or

10. A person who interferes with conducting a survey without any justifiable reason.

(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor under the conditions as prescribed by Presidential Decree. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(3) A person who intends to raise an objection to the disposition of the fine for negligence under paragraph (2) may file a written complaint with the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor within 30 days from the date on which he is informed of the said disposition. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8852, Feb. 29, 2008>

(4) In cases where a person, against whom the disposition of the fine for negligence under paragraph (2) was taken, has filed a complaint in accordance with the provisions of paragraph (3), the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor shall make notice of it, without delay, to the competent court; and the competent court, thus notified, shall bring the case, of the fine for negligence, to a trial under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 5284, Jan. 13, 1997; Act No. 7102, Jan. 20, 2004; Act No. 8071, Dec. 20, 2006; Act No. 8852, Feb. 29, 2008>

(5) In cases where the fine for negligence has not been paid without a complaint having been filed within the period as prescribed in the provisions of paragraph (3), the fine for negligence shall be collected according to the example of a disposition taken to collect the national tax or the local tax in arrears. <Amended by Act No. 7102, Jan. 20, 2004>