Article 1(Purpose) #
The purpose of this Act is to prescribe the criteria and method pertaining to the acquisition and use of land, etc. by agreement and to the subsequent compensation for loss, necessary for public projects in order to facilitate smooth execution and to determine the appropriate compensation for loss.
Article 2(Definitions) #
For the purpose of this Act, the definitions of terms shall be as follows: <Amended by Act No. 4484, Dec. 31, 1991>
1. The term “land, etc.” means the land, the rights under Article 2 (2) 1 of the Land Expropriation Act, living trees, buildings, and materials firmly affixed to the land, and rights thereof, with the exception of ownership falling under Article 2 (2) 2, rights pertaining to mining claims, fishing rights, and use of water (including water facilities) under Article 2 (2) 3, and soil, stones and pebbles falling under land under Article 2 (2) 4;
2. The term “public project” means projects of expropriation and use of land, etc. (including land compartmentalization and re-arrangement projects, redevelopment projects, and farmland amelioration projects) pursuant to Article 3 of the Land Expropriation Act;
3. The term “project operator” means a person executing a public project (including a person executing operations pertaining to the acquisition of land, etc. and its use pursuant to the persons mandate);
4. The term “acquisition of land, etc.” means the acquisition or extinguishment of land, etc. necessary for a public project through agreement by the project operator as opposed to the procedures determined by the Land Expropriation Act;
5. The term “use of land, etc.” means the use or restrictions of land, etc. necessary for a public project through agreement by the project operator as opposed to the procedures determined by the Land Expropriation Act;
6. The term “owner of land, etc.” means the owner or a person with rights to the land, etc. necessary for a public project; and
7. The term “price time” means the point of time of the criteria for the amount of compensation assessment as provided in Article 4 (1).
Article 3(Principle of Compensation for Loss) #
(1) Compensation for loss of land, etc. by the owner due to the acquisition or use of land, etc. for a public project shall be compensated by the project operator.
(2) The disbursement of indemnity as stipulated under paragraph (1) shall be paid in cash save in the case of special provisions of other Acts: Provided, That in case where the project operator is the State, local government, the Korea Land Corporation, or other government-invested institution or a public organization as prescribed by the Presidential Decree, and where the owner of the land, etc. intends, the indemnity may be disbursed by bonds issued by the project operator concerned. <Amended by Act No. 4484, Dec. 31, 1991; Act No. 5109, Dec. 29, 1995>
(3) The compensation as stipulated under paragraph (1) shall be disbursed individually to the owner of the land, etc: Provided, That this shall not apply in case where the compensation amount cannot be calculated individually by the owner of the land, etc.
(4) In case where the project operator disburses the indemnity by bond as stipulated under the proviso of paragraph (2), the time limit for redemption and interest rate, etc. of the bonds shall be determined to ensure a reasonable compensation. In this case the time limit shall be determined within the scope not to exceed 5 years and the interest rate shall be at least the interest level of a 1 year maturity fixed deposit at the time of the issuance of the bond. <Newly Inserted by Act No. 4484, Dec. 31, 1991>
Article 3-2(Issuance of Public Use Compensation Bonds) #
(1) For the purpose of compensation the owner of land, etc. for loss due to the acquisition of land, etc. or use of land, etc., for road construction as stipulated under the Road Act, industrial complex development project as stipulated under the Industrial Sites and Development Act, construction and amelioration project of public railroad as stipulated under the Public Railroad Construction Promotion Act, port construction as stipulated under the Ports Act, and others as prescribed by the Presidential Decree for a public project, the State may issue public use compensation bonds (hereinafter in this Article referred to as “bonds”) with the encumbrance of accounts of the following subparagraphs: <Amended by Act No 5237, Dec. 30, 1996>
1. General account;
2. Special account for traffic facilities; and
3. Special account for railroad projects.
(2) Bonds shall be issued by the Minister of Finance and Economy pursuant to a request by the head of the central government agency in charge of managing the accounts of the State. <Amended by Act No. 5237, Dec. 30, 1996>
(3) Deleted. <by Act No. 5237, Dec. 30, 1996>
(4) When the Minister of Finance and Economy seeks to issue bonds, each account shall obtain a resolution of the National Assembly. <Amended by Act No. 5237, Dec. 30, 1996>
(5) Bonds shall be issued upon delivery to the owner of the land, etc.
(6) Bonds may be transferred or tendered for mortgage.
(7) The method for issuance of bonds, the method for a decision on the interest rate, the method for redemption and other necessary matters pertaining to the issuance of bonds shall be as prescribed by the Presidential Decree.
(8) In matters pertaining to the issuance of bonds, save in the case of special provisions as provided by this Act, the rules as stipulated under the State Bond Act shall apply.
[This Article Newly Inserted by Act No. 4484, Dec. 31, 1991]
Article 4(Assessment Period and Its Method and Criteria) #
(1) The amount of compensation shall be assessed following the criteria of the price of land, etc. or use at the time of the place of contract (locus contractus): Provided, That this shall not apply in case of special provisions of other Acts pertaining to the assessment period and method for the amount of compensation in force.
(2) The assessment method for the amount of compensation as stipulated under paragraph (1) shall be as the following subparagraphs:
1. With regards to the land to be acquired, the criteria shall be the publicly assessed land prices pursuant to the Public Notice of Values and Appraisal of Lands, etc. Act, and the amount of compensation shall be the actual cash value determined by considering the plan of use for the land concerned pursuant to related Acts and subordinate statutes from the day of public notice to the price time, the rate of change in price of the land for areas with no change in price of land due to the public project concerned, the wholesale price increase rate of other locations, features, environment, use situation, etc. of the land concerned;
2. With regard to the land to be used, the amount of compensation shall be the actual cash value determined by the perceived price of the land and rent price, etc. of nearby similar land; and
3. With regard to materials firmly affixed to a building, living trees, and land and its rights with the exception of when pertaining to ownership, or to mining claims, fishing rights, and use of water (including water facilities) and the stones and sand, pebbles, etc. belonging to land, the amount of compensation shall be a justifiable amount appraised with consideration to transaction price, prime cost, and proceeds, etc.
(3) The publicly assessed land price pursuant to paragraph (2) shall be the publicly assessed land price closest to the time of public notice of the price time of the publicly assessed land price publicly notified at the time of the price time of the land concerned: Provided, That in case where it is acknowledged that there is a change in the price of the land to be acquired due to pubic notification or public notice of the plan or execution of the public project, the publicly assessed land price shall be the publicly assessed land price closest to the day of the public notice of the price time of the publicly assessed land, price publicly notified at the time of the price time of the land concerned.
(4) The appraisal method for land, etc. and the assessment method for amount of loss and criteria, etc. pursuant to subparagraphs of paragraph (2) shall be as prescribed by the Presidential Decree.
(5) With regard to crop, seedbed garden, sericulture, relocation expenses, farming abandonment expenses, etc., the proceeds, investment expenses, required expenses, etc. these matters shall be considered and determined by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No, 5237, Dec. 30, 1996>
(6) Where the usual use of the remaining balance is significantly complicated due to the acquisition of parts of land belonging to the owner of the same land, etc., the land, etc. as stipulated by the request by the owner, may be acquired, and in such cases the guidelines as provided under paragraphs (2) through (5) shall apply mutatis mutandis.
(7) To deliberate on matters pertaining to the compensation affairs related to the acquisition of land, etc. or its use, a compensation deliberation committee may be established in a local government as prescribed by the Presidential Decree, and the formation of the compensation deliberation committee shall be composed of not less than 30 percent of the land owners, etc.
[This Article Wholly Amended by Act No. 4484, Dec. 31, 1991]
Article 5(Compensation for Land, etc. Without Registration of Preservation) #
(1) In case where the project operator acquires or seeks to use land, etc. for the execution of a public project and where paying the indemnity, if there is a land, etc. without a preservation or transfer of registration of ownership, the payment of the indemnity shall be made to a person with legitimate rights confirmed by the head of the Gu/Si (limited to Dong area in City in the urban and rural complex form: hereinafter the same shall apply to the following provisions) or head of Eup/Myeon as prescribed by the Presidential Decree. <Amended by Act No. 4796, Dec. 22, 1994>
(2) A head of Gu/Si or the head of Eup/Myeon who has received a request for the issue of a written confirmation under paragraph (1) shall publicly notify the facts for 30 days and afterwards issue a written confirmation as prescribed by the Presidential Decree.
(3) A person with objections with regards to the contents of the public notification under paragraph (1) may present a document of objection with reasons thereof, within the period described in the public notification under paragraph (2) to the head of Gu/ Si, or the head of Eup/Myon.
(4) When objections are filed under paragraph (3) the head of Gu/ Si, or the head of Eup/Myeon shall investigate and confirm the facts within 20 days from the day of acceptance of the objection and afterwards issue a written confirmation or disregard the objection.
(5) With regard to land, etc. which is confirmed as legitimately owned by a person with the rights to the land, etc. concerned as stipulated under paragraph (1), the amended provisions of Article 10 of the addenda of the amended Civil Act, Act No. 1668 shall not apply: Provided, That in case where the provisions of the same Article do not apply the confirmation, shall be conducted by the compensation deliberation committee. <Amended by Act No. 5237, Dec. 30, 1996>
(6) Where the project operator disburses the indemnity and seeks to acquire the land, etc. as stipulated under paragraph (1) with the transfer of registration or preservation registration of ownership, the required papers to verify the cause of registration of Article 40 (1) 2 of the Registration of Real Estate Act shall be substituted by the papers of the following subparagraphs and the certificate of completion of registration pertaining to the rights of the obligator of registration of Article 40 (1) 3, shall not be presented:
1. A written confirmation issued by the head of Gu/Si or the head of Eup/Myeon as stipulated under paragraph (1); and
2. Documents verifying the payment of indemnities.
(7) Despite the provisions of Article 28 of the Registration of Real Estates Act, the transfer of registration of ownership under paragraph (6) may be made by the registered holder of a title deed.
Article 6 #
Deleted.<by Act No. 5237, Dec. 30, 1996>
Article 7(Expenses for Partition Survey) #
Necessary expenses for a partition survey of land, etc. incorporated into a public project due to the execution of a public project shall be borne by the project operator.
Article 8(Relocation Plan) #
(1) The project operator, on behalf of the person who has lost sources of livelihood because he has provided the land necessary for the execution of the public project, shall establish and execute a relocation plan for the person (hereinafter referred to as the “migrator”) as prescribed by the Presidential Decree.
(2) Where seeking to establish a plan for relocation under paragraph (1) the project operator shall in advance consult with the head of the local government under jurisdiction.
(3) The State or a local government, with regards to the formation of a housing zone and construction of housings in accordance with the execution of a relocation plan, shall give preference and support to the national housing fund as stipulated under the Housing Construction Promotion Act.
(4) The project operator may consign to the head of a local government under jurisdiction, by delegating the matters, related to the purchasing of land, etc. for the migrator and the establishment and execution of the plan for relocation as prescribed by the Presidential Decree.
Article 9(Redemptive Right) #
(1) Where the whole or parts of acquired land, etc. becomes unnecessary due to the abrogation, changes, or other reasons involving the public project concerned within 10 years from the day of acquisition, then the owner or general successor (hereinafter referred to as “person with redemptive rights”) of the land, etc. at the time of the acquisition may purchase the land, etc., from within 1 year when the land, etc. is deemed unnecessary or within 10 years from the day of acquisition, by paying a comparable amount of the paid indemnity of the land, etc. to the project operator.
(2) The provisions of paragraph (1) shall apply mutatis mutandis in case where the whole of the acquired land, etc. has not been used by a public project after the elapse of 5 years from the day of acquisition, and in this case the redemptive right shall be exercised within 6 years from the date of acquisition.
(3) Where the price of land, etc. has significantly changed compared to the price at the time of acquisition, the project operator and the person with redemptive rights shall negotiate with regards to the price and if an agreement is not reached, then as prescribed by the Presidential Decree, a request for adjudication may be filed to the Land Expropriation Committee with jurisdiction over the location of the land, etc.
(4) Redemptive rights pursuant to this Article as stipulated under the Registration of Real Estate Act, when registered, may be set up against third parties.
(5) The provisions of Article 72 of the Land Expropriation Act shall apply mutatis mutandis the redemptive rights pursuant to paragraphs (1) and (2).
Article 10(Entrustment, etc. of Issuance of Related Documents) #
(1) The project operator may request to the State or local government, as prescribed by the Presidential Decree, the issuance of documents necessary for the transfer registration to be prepared by the owner of the land, etc. and the State or local government shall comply with the request.
(2) The handling charge for issuance of documents by the State or local government, as stipulated under paragraph (1), shall be waived. <Amended by Act No. 5914, Feb. 8, 1999>
Article 11(Relation to Forestry Act, etc.) #
Amongst project operators, where a license pursuant to the Forestry Act is necessary for the execution of a public project from an administrative agency and government-invested institution, an advanced consultation with the person with licensing rights shall be conducted to obtain approval or agreement, and when an agreement is reached or approval is obtained, it shall be regarded as obtaining the permit under Articles 62 and 90 of the Forestry Act. <Amended by Act No. 4206, Jan. 13, 1990>
Article 12(Enforcement Decree) #
Matters necessary for the enforcement of this Act shall be prescribed by the Presidential Decree.