ENFORCEMENT DECREE OF THE ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS — 법갈피

Article 7(Preparation of land record document and object record document) #

(1) When a plan for a public works project is finalized, the relevant project operator shall draw up a site map indicating the land involved in the relevant cadastral map or forest land map under the Act on the Establishment and Management of Spatial Data and prepare a basic survey report containing the results of the investigation of public records related to the land, etc. and those of field investigation. <Amended on Jun. 1, 2015; Nov. 23, 2021>

(2) Pursuant to Article 14(1) of the Act, the relevant project operator shall prepare a land record document (hereinafter referred to as "land record document") and an object record document (hereinafter referred to as "object record document"), based on the site map drawn up and the basic survey report prepared under paragraph (1). <Amended on Nov. 23, 2021>

(3) The following matters shall be stated in a land record document:

1. Location, lot number, land category, total area, and included area of the land and the actual state of use of the land;

2. Names or titles and domiciles of the landowners;

3. Names or titles and domiciles of the persons who have any right, other than ownership, over the land and the type and details of such right;

4. Date of preparation;

5. Other matters necessary for the computation of compensation for the land.

(4) The following matters shall be stated in an object record document: <Amended on Aug. 26, 2020>

1. Location and lot number of the land where the relevant object is installed (including a mining right, fishing right, aquaculture business right, or right to use water; hereinafter the same shall apply);

2. Type, structure, standards, and quantity of the relevant object;

3. Name or title, and domicile of the owner of the relevant object;

4. Name or title, and domicile of a person who has any right, other than ownership, over relevant object and the type and details of such right;

5. Date of preparation;

6. Other matters necessary for the computation of compensation for the relevant object.

(5) When a project operator prepares an object record document for a building, he or she shall state the total floor area of the building and the included area in the record document in addition to the matters listed in paragraph (4) and shall attach measured floor drawings thereto; provided, the measured floor drawings may be substituted by the existing building drawings, if the included area actually measured conforms to the included area stated in the existing building drawings attached to the relevant building register.

(6) Detailed matters relating to the preparation of a basic survey report under paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Added on Nov. 23, 2011>

(7) The forms of land record documents and object record documents shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Nov. 23, 2021>

[This Article Wholly Amended on May 28, 2013]

Article 8(Procedures and methods for consultation) #

(1) When a project operator intends to have consultations under Article 16 of the Act, he or she shall provide a written notice to each landowner and relevant person of the request for consultation on compensation in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport, stating the following matters therein; provided, if the project operator is unable to ascertain the identification, domicile, or abode of a landowner or relevant person, or other place for serving a notice, such notification may be substituted by public announcement under paragraph (2):

1. The period, place, and method for consultation;

2. The time, method, and procedure for compensation and the amount of compensation;

3. Documents required for concluding a contract.

(2) Public announcement under the proviso, with the exception of the subparagraphs, of paragraph (1) shall be made by serving documents subject to the public announcement on the head of the competent Si (including the head of an administrative Si), Gun, or Gu (including the head of a non-autonomous Gu) having jurisdiction over the location of the land, etc. involved and posting them on the bulletin board and website of the relevant Si (including an administrative Si), Gun, or Gu (including a non-autonomous Gu) and the website of a project operator for at least 14 days. <Amended on Jan. 6, 2016>

(3) The consultation period prescribed in paragraph (1)1 shall be at least 30 days, except for special circumstances.

(4) A contract concluded pursuant to Article 17 of the Act shall include matters concerning termination of or amendment to the contract, recovery of the compensation, reinstatement, etc. following the termination or amendment.

(5) If a project operator fails to reach an agreement within the consultation period prescribed in paragraph (1)1, he or she shall prepare an explanatory note of the consultation stating the following matters in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport and shall have the landowners and relevant persons affix their signatures or seals thereon; provided, if any landowner or relevant person refuses to affix his or her signature or seal or if it is impracticable to have a landowner or relevant person affix his or her signature or seal thereon because the project operator is unable to ascertain the identification, domicile, or abode of the landowner or relevant person, or other place for serving a notice, the project operator shall not be obliged to have the landowner or relevant person affix his or her signature or seal but shall state such reason in the explanatory note of the consultation:

1. The date, place, and method of the consultation;

2. The location, lot number, land category, and area of the land involved and the types, structures, and quantities of the objects on the land;

3. The name or title and domicile of the landowner and relevant person;

4. Details of the argument of the landowner or relevant person and the project operator's opinion thereon;

5. Other matters regarding the consultation.

[This Article Wholly Amended on May 28, 2013]

Article 10(Application for project approval) #

(1) A person who intends to obtain project approval under Article 20(1) of the Act (hereinafter referred to as "project approval") shall file an application for project approval in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "project approval application") with the Minister of Land, Infrastructure and Transport via the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), whoever is competent, stating the following matters therein; provided, if the project operator is the State, the head of the central administrative agency who is to execute the relevant project may file a project approval application directly with the Minister of Land, Infrastructure and Transport:

1. The name or title and domicile of the project operator;

2. The type and name of the project;

3. The planned project area.

4. Grounds for applying for the project approval.

(2) A project approval application shall be accompanied by the following documents and drawings: <Amended on Jun. 25, 2019>

1. A project plan;

2. Drawings in which the planned project area and the project plan are described;

3. Protocols, drawings, and a written opinion of the manager of the land, etc. involved, if the planned project area includes the land, etc. specified in Article 19(2) of the Act;

4. If the use of land within the planned project area is restricted by any other statute or regulation, a written opinion of the head of the administrative agency having the authority over the enforcement of such statute or regulation;

5. Documents proving the license, authorization, or other disposition by an administrative agency for the implementation of the project or a written opinion of the head of such administrative agency, if such license, authorization, or disposition is required for the implementation of the project;

6. Documents stating the details of consultations with the landowners or relevant persons (limited to where such consultations have been made);

7. Documents stating the category of the land to be expropriated or used (where any good or right other than land is to be expropriated or used, referring to the category of land where such good or right exists);

8. A written opinion prepared by the project operator with regard to public needs of the relevant public works project, the necessity for expropriation, etc., as determined by the Central Land Tribunal.

[This Article Wholly Amended on May 28, 2013]

Article 11(Hearing of opinions) #

(1) Upon receipt of a request from the Minister of Land, Infrastructure and Transport for consultation on project approval under Article 21(1) of the Act, the head of a relevant central administrative agency or a Mayor/Do Governor shall present his or her opinion to the Minister of Land, Infrastructure and Transport within seven days from the date of receiving such request for consultation, except for special circumstances. <Amended on Apr. 17, 2018>

(2) Where the Minister of Land, Infrastructure and Transport or a permitting, authorizing, approving authority, etc. for a public work project, which is deemed to have project approval under the statutes prescribed in the Appendix of the Act, intends to hear the opinions of interested parties on project approval pursuant to Article 21(1) or (2) of the Act, he or she shall forward the copies of the project approval application (referring to a written application for permission, authorization, approval etc., for public work projects deemed to have obtained project approval under the statutes prescribed in the Appendix of the Act) and relevant documents (or transmit electronic documents thereof; hereafter in this Article the same shall apply) to the head of the Si (including the head of an administrative Si; hereafter in this Article the same shall apply), Gun, or Gu (including the head of a non-autonomous Gu; hereafter in this Article the same shall apply) having jurisdiction over the location of the land, etc. involved. <Amended on Apr. 17, 2018>

(3) Upon receipt of documents forwarded pursuant to paragraph (2), the head of a Si/Gun/Gu shall publicly announce the following matters on the bulletin board of the Si (including an administrative Si), Gun, or Gu (including a non-autonomous Gu) without delay and shall make such documents available to the general public for perusal for at least 14 days from the date of such announcement:

1. The name or title and domicile of the project operator;

2. The type and name of the project;

3. The planned project area.

(4) When the head of a Si/Gun/Gu makes a public announcement pursuant to paragraph (3), he or she shall notify each landowner and relevant person of the details of such public announcement (or notify a landowner or relevant person thereof by electronic document, if the landowner or relevant person so wishes; hereafter in this paragraph the same shall apply), along with a statement to the effect that the landowner or relevant person may present a written opinion if he or she has any opinion thereon; provided, this shall not apply where the head of a Si/Gun/Gu is unable to ascertain the identification, domicile, or abode of the landowner or relevant person, or other place for serving a notice.

(5) A landowner and relevant person, or any other person who has an interest in project approval may present a written opinion thereon (or may present such opinion by electronic document) to the head of the competent Si/Gun/Gu during the perusal period specified in paragraph (3).

(6) The head of a Si/Gun/Gu shall forward a written opinion presented pursuant to paragraph (5) to the Minister of Land, Infrastructure and Transport, or a permitting, authorizing, approving authority, etc. for a public work project, which is deemed to have obtained project approval under the statutes prescribed in the Appendix of the Act, without delay after the elapse of the perusal period specified in paragraph (3) or shall notify the Minister of Land, Infrastructure and Transport that no written opinion has been presented (including notification by electronic document), if it is the case. <Amended on Apr. 17, 2018>

[This Article Wholly Amended on May 28, 2013]

Article 12(Application for adjudication) #

(1) A project operator who intends to apply for adjudication pursuant to Article 28(1) or 30(2) of the Act shall file an application for adjudication stating the following matters with the competent Land Tribunal in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport:

1. The type and title of the public works project: <Amended on Jun. 25, 2019>

2. Grounds for project approval and the date of public notification;

3. The location, lot number, land category, and area of the land to be expropriated or used (the location, lot number, type, structure, and quantity of goods, if the goods are to be expropriated or used);

4. The location, lot number, type, structure, and quantity of goods, if such goods exist in the land to be expropriated or used;

5. The method and period of the use of land, if it is intended to use the land;

6. The names or titles and domiciles of the landowners and relevant persons;

7. The amount of compensation and the details thereof;

8. The scheduled date of the commencement of expropriation or use;

9. The name or title and domicile of the applicant and the date of application (limited to where a person applies for adjudication pursuant to Article 30(2) of the Act);

10. The results of consultation with the Central Land Tribunal under Article 21(1) and (2) of the Act;

11. The following matters regarding the land or goods for which consultation with the landowner or the persons involved has been completed:

a. The location, lot number, land category and area of the land and the details of compensation;

b. The location, lot number, category, structure and quantity of the land and the details of compensation.

(2) An application for adjudication under paragraph (1) shall be accompanied by the following documents and drawings: <Amended on Jun. 25, 2019; Apr. 9, 2024>

1. A basic survey report under Article 7(1);

2. A land record document or object record document;

3. A statement of details of arrangement;

4. A project plan.

5. Drawings describing the planned project area and the project plan;

6. A written opinion of the Central Land Tribunal under Article 21(5) of the Act.

(3) A project operator who intends to pay compensation with bonds pursuant to Article 63(7) of the Act shall submit documents proving that the relevant public works project is qualified as a case for which compensation may be paid with bonds and a document describing the following matters, in addition to the documents and drawings specified in paragraph (2):

1. The amount of compensation to be paid with bonds;

2. The method and date of repayment of the principal of the bonds;

3. The interest rate of the bonds and the method and date of payment of interest.

[This Article Wholly Amended on May 28, 2013]

Article 15(Perusal of application for adjudication) #

(1) Upon receipt of an application for adjudication under Article 28(1) of the Act, the competent Land Tribunal shall forward the copies of the application and relevant documents, pursuant to Article 31(1) of the Act, to the head of the Si (including the head of an administrative Si; hereafter in this Article the same shall apply), Gun, or Gu (including the head of a non-autonomous Gu; hereafter in this Article the same shall apply) having jurisdiction over the location of the land, etc. involved and shall request him or her to make a public announcement thereof and make such documents available to the general public for perusal.

(2) Upon receipt of the documents forwarded pursuant to paragraph (1), the head of the relevant Si/Gun/Gu shall publicly announce the details of an application for adjudication by posting them on the bulletin board of the Si (including an administrative Si), Gun, or Gu (including a non-autonomous Gu) without delay and shall make such documents available to the general public for perusal for at least 14 days from the date of such public announcement; provided, if the head of a Si/Gun/Gu fails to make a public announcement or to make such documents available to the general public for perusal within 14 days from the receipt of the request therefor, due to a natural disaster or any other emergency, the competent Land Tribunal may publicly announce the details of an application for adjudication at his or her discretion (through the Official Gazette in the case of the Central Land Tribunal and through the public gazette in the case of a regional Land Tribunal) and may make the copies of the application for adjudication and the relevant documents available to the general public for perusal for at least 14 days. <Amended on Dec. 24, 2013; Jun. 25, 2019>

(3) When the head of a Si/Gun/Gu or the competent Land Tribunal makes a public announcement pursuant to paragraph (2), he or she or it shall notify each landowner and relevant person of the details of such public announcement, along with a statement to the effect that the landowner and relevant person may present a written opinion if he or she has any opinion thereon; provided, this shall not apply where the head of a Si/Gun/Gu or the competent Land Tribunal is unable to ascertain the identification, domicile, or abode of the landowner or relevant person, or other place for serving a notice. <Amended on Dec. 24, 2013>

(4) A landowner or relevant person may submit a written opinion to the head of the competent Si/Gun/Gu or the competent Land Tribunal (limited to the cases falling under the proviso of paragraph (2)) during the perusal period specified in paragraph (2). <Amended on Dec. 24, 2013>

(5) The head of a Si/Gun/Gu shall forward a written opinion submitted under paragraph (4) to the competent Land Tribunal without delay after the elapse of the perusal period specified in the main clause of paragraph (2) or shall notify the competent Land Tribunal that no written opinion has been submitted, if it is the case. <Amended on Dec. 24, 2013>

(6) Where the competent Land Tribunal deems that any reasonable ground exists, it may accept a written opinion submitted after the elapse of the perusal period specified in paragraph (2), notwithstanding paragraph (4).

[This Article Wholly Amended on May 28, 2013]

Article 26(Land owned by absentee real estate owners) #

(1) Any land owned by an absentee real estate owner referred to in Article 63(7)2 of the Act means any land owned by a person who has been unregistered as a resident in any of the following area since one year before the project approval is publicly notified: <Amended on Dec. 24, 2013>

1. A Si (including an administrative Si; hereafter in this Article the same shall apply), Gu (referring to an autonomous Gu; hereafter in this Article the same shall apply), Eup or Myeon (including an Eup or Myeon within a Si combined with functions of rural and urban communities; hereafter in this Article the same shall apply) in which the land involved is situated;

2. A Si/Gu/Eup/Myeon adjacent to an area specified in subparagraph 1;

3. An area, other than that specified in subparagraphs 1 and 2, which locates within a 30 km radius from the boundary of the land involved.

(2) Any land owned by a person who is registered as a resident in an area specified in paragraph (1) but does not actually reside in such area shall be deemed land owned by an absentee real estate owner under paragraph (1); provided, this shall not apply to a person who does not reside in such area due to any of the following causes or events:

1. Medical treatment for a disease;

2. Entry into military service upon conscription;

3. Official duty;

4. Schooling;

5. Other unavoidable cause or event equivalent to those specified in subparagraphs 1 through 4.

(3) Notwithstanding paragraph (1), any of the following land shall not be deemed land owned by an absentee real estate owner:

1. Land in which case one year has not lapsed since the owner acquired it by inheritance;

2. Land owned by a person who proves that he or she has actually resided in an area specified in paragraph (1) since one year before the project approval is publicly notified, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

3. Land owned for business purposes by a person who proves that he or she has actually operated his or her business in an area specified in paragraph (1) since one year before the project approval is publicly notified, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

[This Article Wholly Amended on May 28, 2013]

Article 27-2(Compensation with bonds for areas prone to land speculation) #

(1) "Area prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 63(8) of the Act means any of the following areas: <Amended on Jun. 25, 2019>

1. A Si (including an administrative Si; hereafter in this paragraph the same shall apply), Gun, or Gu (referring to an autonomous Gu; hereafter in this paragraph the same shall apply), in which an area subject to permission for a land transaction contract under Article 10 of the Act on Report on Real Estate Transactions;

2. A Si/Gun/Gu adjacent to an area specified in subparagraph 1.

(2) "Public institution or public organization designated and publicly notified pursuant to the Act on the Management of Public Institutions as prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 63(8) of the Act means any of the following institutions or organizations:

1. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;

2. The Korea Tourism Organization established under the Korea Tourism Organization Act;

3. The Korea Industrial Complex Corporation established under the Industrial Cluster Development and Factory Establishment Act;

4. A local public corporation established under the Local Public Enterprises Act.

(3) "Projects prescribed by Presidential Decree" in Article 63(8)3 of the Act means the following projects: <Amended on Apr. 29, 2014; Dec. 28, 2015>

1. A logistics complex development project under the Act on the Development and Management of Logistics Facilities;

2. A tourism complex development project under the Tourism Promotion Act;

3. An urban development project under the Urban Development Act;

4. A public housing project under the Special Act on Public Housing;

5. A project for the construction of multifunctional administrative city under the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital.

[This Article Wholly Amended on May 28, 2013]

Article 28(Recommendation of appraisal corporation by mayor/do governor and landowners) #

(1) When a project operator makes a public announcement of a compensation plan pursuant to Article 15(1) of the Act, he or she shall include, in the public announcement, the statement that the competent Mayor/Do Governor and the landowners concerned may recommend an appraisal corporation, etc. (referring to an appraisal corporation, etc. defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers; hereinafter referred to as "appraisal corporation, etc.") and shall notify the Mayor/Do Governor of the City/Do in which the land entitled to compensation is situated and the landowners concerned. <Amended on Aug. 31, 2016; Nov. 23, 2021>

(2) Pursuant to Article 68(2) of the Act, the competent Mayor/Do Governor and the landowners concerned may recommend an appraisal corporation, etc. to the relevant project operator within 30 days from the end of the period given for the perusal of the relevant compensation plan under Article 15(2) of the Act. <Amended on Nov. 23, 2021>

(3) A Mayor/Do Governor shall comply with the following guidelines in recommending an appraisal corporation, etc. pursuant to paragraph (2): <Amended on Nov. 23, 2021>

1. When the Mayor/Do Governor selects a group of appraisal corporations, etc. qualified for recommendation, he or she shall take into consideration the capability of conducting appraisals, the number of appraisers working for each appraisal corporation, records of performance of appraisals, records of disciplinary action, etc.;

2. The Mayor/Do Governor shall select an appraisal corporation, etc. in the group qualified for recommendation by drawing a lot or through other objective and transparent process;

3. The Mayor/Do Governor shall make the group qualified for recommendation under subparagraph 1 and the recommendation process open to interested parties;

4. If the land entitled to compensation stretches over two or more Cities/Dos, the relevant Mayors/Do Governors shall recommend an appraisal corporation, etc. upon consultation.

(4) Landowners who intend to recommend an appraisal corporation, etc. pursuant to paragraph (2) shall submit to the project operator a document proving that the landowners the area of whose land corresponds to at least one half of the total area of the land entitled to compensation and a majority of the landowners of the land entitled to compensation consent to the recommendation of the appraisal corporation, etc. In such cases, the landowners may consent to the recommendation of only one appraisal corporation, etc. <Amended on Nov. 23, 2021>

(5) A landowner who intends to recommend an appraisal corporation, etc. pursuant to paragraph (2) may request that the relevant Mayor/Do Governor and the Korea Association of Property Appraisers established under Article 33 of the Act on Appraisal and Certified Appraisers provide him or her with data necessary to recommend an appraisal corporation, etc. <Amended on Aug. 31, 2016; Nov. 23, 2021>

(6) For the purpose of calculating the area of the land eligible for compensation and the total number of landowners under the former part of paragraph (4), the State-owned or public land for which no intent to recommend an appraisal corporation, etc. was expressed pursuant to paragraph (2) shall be excluded from the area of the land eligible for compensation and the total number of landowners. <Added on Jun. 25, 2019; Nov. 23, 2021>

(7) The Minister of Land, Infrastructure and Transport may prepare and distribute standard guidelines for the recommendation of appraisal corporations, etc. by Mayors/Do Governors under paragraph (3). <Amended on Jun. 25, 2019; Nov. 23, 2021>

[This Article Wholly Amended on May 28, 2013]

[Title Amended on Nov. 23, 2021]

Article 37(Fluctuation rate of land price) #

(1) "Fluctuation rate of the land price prescribed by Presidential Decree" in Article 70(1) of the Act means the fluctuation rate of the land price surveyed and announced by the Minister of Land, Infrastructure and Transport pursuant to Article 17 of the Enforcement Decree of the Act on Report on Real Estate Transactions for each specific-use area of a Si (including an administrative Si; hereafter in this Article the same shall apply), Gun, or Gu (including a non-autonomous Gu; hereafter in this Article the same shall apply) in which the reference land deemed to have the same factors as, or similar factors to, the factors affecting the formation of the value of the land subject to appraisal, thereby having a similar utility value to the land subject to appraisal (hereinafter referred to as "reference land"), is situated; provided, if no fluctuation rate of the land price for the same specific-use area as the reference land has been surveyed or announced, it refers to the fluctuation rate of the land price for the specific-use area similar to the reference land, the fluctuation rate of the land price for the land currently used for the same purpose as the reference land, or the average fluctuation rate of the land price of the Si/Gun/Gu involved. <Amended on Jun. 25, 2019>

(2) If the land price of the Si/Gun/Gu in which the reference land is situated has changed due to the relevant public works project, the fluctuation rate of the land price in a neighboring Si/Gun/Gu not involved in the relevant public works project shall apply for the purpose of paragraph (1); provided, this shall not apply where the fluctuation rate of the land price of the Si/Gun/Gu in which the reference land is situated is lower than that of the land price of the neighboring Si/Gun/Gu.

(3) A case where the land price of the Si/Gun/Gu in which the reference land is situated has changed due to the relevant public works project as referred to in the main clause of paragraph (2) means that the relevant public works project is not related to a road, railroad, or river-related project, and that all the following conditions are satisfied: <Amended on Dec. 24, 2013>

1. The area of the relevant public works project shall be at least 200,000 square meters;

2. The fluctuation rate of the land price of the Si/Gun/Gu in which the reference land is situated during the period from the date of the public announcement of project approval to the point of time for pricing shall be at least three percent; provided, if it is recognized that the price of the reference land has changed as a consequence of the public announcement or public notification of the plan for the relevant public works project or the execution thereof, the fluctuation rate of the land price from the date of the public announcement or public notification of the plan for the relevant public works project or the execution thereof to the point of time for pricing shall be at least five percent;

3. The fluctuation rate of the land price of the Si/Gun/Gu in which the reference land is situated from the date of public announcement of project approval to the point of time for pricing shall be higher or lower, by at least 30 percent, than the fluctuation rate of the land price of the City/Do in which the reference land is situated.

[This Article Wholly Amended on May 28, 2013]

Article 38-2(Officially announced land price) #

(1) A case where it is recognized that the price of land to be acquired has fluctuated as referred to in Article 70(5) of the Act means that a project, other than a road, railroad, or river-related project, satisfies all the following conditions: <Amended on Aug. 31, 2016>

1. The area of the relevant public works project shall be at least 200,000 square meters;

2. The difference between the average fluctuation rate of the officially announced land price of the reference land referred to in Article 3 of the Act on the Public Announcement of Real Estate Values in the relevant public works project zone (referring to the officially announced land price, if no reference land exists in the relevant project area; hereafter in this Article referred to as "officially announced land price of the reference land") and the average fluctuation rate of the officially announced price of the reference land for the whole area of the Si (including an administrative Si; hereafter in this Article the same shall apply), Gun, or Gu (including a non-autonomous Gu; hereafter in this Article the same shall apply) in which the land subject to appraisal is situated shall be at least three percentage point;

3. The average fluctuation rate of the officially announced land price of the reference land in the relevant public works project zone shall be higher or lower, by at least 30 percent, than the average fluctuation rate of the officially announced land price of the reference land for the whole area of the Si/Gun/Gu in which the land subject to appraisal is situated.

(2) The average fluctuation rate prescribed in paragraph (1)2 or 3 shall be computed by dividing the aggregate of fluctuation rates for parcels of the relevant reference land by the number of parcels of the relevant reference land, and the average fluctuation rate of the officially announced land price of the reference land for the whole area of the Si/Gun/Gu in which the land subject to appraisal is situated shall be computed by converting the average fluctuation rate computed for each Si/Gun/Gu into an weighted average rate with the ratio of the relevant public works project zone in each Si/Gun/Gu, if the relevant public works project zone stretches over two or more Sis/Guns/Gus. In such cases, the period for calculation of the average fluctuation rate shall be the period from the base date of public notification of the officially announced land price, most lately announced after the date of public announcement of the plan for the relevant public works project or after the date of public notification of the implementation of the plan, to the base date of public announcement of the officially announced land price of the reference land under Article 70(3) or (4) of the Act.

[This Article Added on May 28, 2013]

Article 40(Formulation and implementation of relocation measures) #

(1) When a project operator intends to formulate relocation measures pursuant to Article 78(1) of the Act (hereinafter referred to as "relocation measures"), he or she shall notify, in advance, persons subject to relocation measures as referred to in that paragraph (hereinafter referred to as "persons subject to relocation measures") of the details thereof.

(2) Except in unavoidable circumstances specified by Decree of the Ministry of Land, Infrastructure and Transport, relocation measures shall be formulated and implemented, if the number of households of persons who desire to move to a new settlement, among persons subject to relocation measures, is at least ten; provided, a project operator shall be deemed to have formulated and implemented the relocation measures, if he or she has supplied housing sites or houses to persons subject to relocation measures pursuant to the Housing Site Development Promotion Act, the Housing Act, or other relevant statutes or regulations (including cases where the project operator has arranged the supply of housing sites or houses).

(3) When an operator of a project referred to in subparagraphs 6 and 7 of Article 4 of the Act (hereafter in this Article referred to as "incidental project") meets all the following requirements, he or she may request a main project operator to include relocation measures for such incidental project in formulating and implementing relocation measures for a project under subparagraphs 1 through 5 of Article 4 (hereafter in this Article referred to as "main project"), which is the cause of such incidental project. In such case, expenses incurred in implementing relocation measures for persons subject thereto for such incidental project shall be borne by the incidental project operator: <Added on Apr. 17, 2018>

1. An incidental project operator does not fall under cases where relocation measures are required to be formulated and implemented under Article 78(1) of the Act or the main clause of paragraph (2) of this Article;

2. Relocation measures for a main project have yet to be finalized.

(4) A main project operator requested to formulate and implement relocation measures pursuant to the former part, with the exception of the subparagraphs, of paragraph (3) shall cooperate therein, unless there is a compelling reason not to do so including the case where he or she is not subject to the formulation and implementation of relocation measures under Article 78(1) of the Act or the main clause of paragraph (2) of this Article. <Added on Apr. 17, 2018>

(5) Any of the following persons shall be excluded from persons subject to relocation measures: <Amended on Jan. 6, 2016; Apr. 17, 2018>

1. The owner of a building built or altered for any purpose other than the original purpose without permission therefor or without filing a report thereon, although obtaining permission or filing a report is required for the construction or alteration of the building for any purpose other than the original purpose;

2. The owner of a building in which the owner has not resided uninterruptedly during the period from the date a public notice, etc. under relevant statutes or regulations governing public works projects is given to the date of conclusion of the contract or the date of adjudication on expropriation; provided, this shall not apply where such owner has not resided in the building due to any of the following causes or events:

a. Medical treatment for a disease;

b. Entry into military service upon conscription;

c. Official duty;

d. Schooling;

e. Residing in a building within the relevant public work zone and owned by another person;

f. Other unavoidable cause or event similar to those specified in items a through d;

3. A tenant who resides in a building owned by another person; provided, a tenant who resides in a building owned by another person but owns a residential building in the relevant public work zone shall be excluded.

(6) Expenses for acquiring housing sites or houses within a new settlement under the main clause of paragraph (2) or housing sites or houses under the proviso of that paragraph may be offset against compensation payable to persons subject to relocation measures at his or her desire. <Amended on Apr. 17, 2018>

[This Article Wholly Amended on May 28, 2013]

Article 41(Payment of resettlement subsidies) #

Pursuant to Article 78(1) of the Act, a project operator shall pay resettlement subsidies to persons subject to relocation measures in any of the following cases, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Nov. 23, 2021>

1. Where the project operator fails to formulate and implement relocation measures;

2. Where a person subject to relocation measures intends to move to any area other than the new settlement;

3. Where a person subject to relocation measures has not resided uninterruptedly in the relevant building during the period from the date one year before the date a public notice, etc. under relevant statutes or regulations governing public works projects is given to the date of conclusion of the contract or the date of adjudication on expropriation;

4. Where a person subject to relocation measures belongs to any of the following institutions or enterprises (including where a person belonging to another institution or enterprise is in service at any of the following institutions or enterprises due to dispatch, etc.), or where three years have not passed since such person retired therefrom, as at the time a public notice, etc. under relevant statutes or regulations governing public works projects is given:

a. The Ministry of Land, Infrastructure and Transport;

b. The project operator;

c. Agencies granting permission, authorization, approval, etc. for public works projects, which are required to have consultation or hear opinions under Article 21(2) of the Act;

d. Central administrative agencies, local governments, public institutions established under Article 4 of the Act on the Management of Public Institutions, and local public enterprises established under the Local Public Enterprises Act that were subject to consultation, opinion-hearing, etc. under relevant statutes or regulations before a public notice, etc. under relevant statutes or regulations governing public works projects is given.

[This Article Wholly Amended on May 28, 2013]

Article 43(Institutions specializing in compensation affairs) #

(1) "Institutions prescribed by Presidential Decree" in Article 81(1)2 of the Act means the following institutions: <Amended on Dec. 23, 2014; Aug. 31, 2016; Dec. 8, 2020>

1. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;

2. The Korea Water Resources Corporation established under the Korea Water Resources Corporation Act;

3. The Korea Expressway Corporation established under the Korea Expressway Corporation Act;

4. The Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act;

5. The Korea Real Estate Board under the Korea Real Estate Board Act;

6. A local public corporation established by the Special Metropolitan City, a Metropolitan City, a Do or a Special Self-Governing Province to implement projects for the development of housing sites, the construction of houses, etc. pursuant to Article 49 of the Local Public Enterprises Act.

(2) Pursuant to Article 81 of the Act, a project operator may entrust the following affairs to any institution listed in the subparagraphs of Article 81(1) of the Act (hereinafter referred to as "institution specializing in compensation affairs"): <Amended on Jan. 17, 2014>

1. Formulation, public announcement, and perusal of a compensation plan;

2. Examination of official records, such as land registers and building registers. In such cases, examination of land registers and building registers may be replaced by examination of general official records of real estate;

3. Examination of facts related to the ownership of land, etc. and rights, other than ownership, thereto;

4. Land survey for partition and cadastral registration;

5. Examination of descriptions in a land record document and object record document;

6. Examination of compensation for the remaining land and the land outside the relevant public works project zone;

7. Investigation into losses incurred in business, farming, fishery, or mining;

8. Computation of the amount of compensation (excluding appraisal);

9. Consultations on compensation, the conclusion of a contract, and the payment of compensation;

10. Handling of civil complaints in relation to compensation and the performance of litigation therefor;

11. Registration of land, etc.;

12. Formulation and implementation of the relocation measures or the payment of resettlement subsidies;

13. Other affairs incidental to compensation.

(3) When a project operator intends to entrust an institution specializing in compensation affairs with the affairs specified in paragraph (2) pursuant to Article 81 of the Act, he or she shall hold prior consultations with the institution specializing in compensation affairs on the scope, terms and conditions of entrustment.

(4) When a project operator entrusts an institution specializing in compensation affairs with the affairs specified in paragraph (2) pursuant to Article 81 of the Act, he or she shall pay fees prescribed in Appendix 1 to the institution specializing in compensation affairs; provided, when the project operator entrusts the institution specializing in compensation affairs with some of the affairs specified in any subparagraph of paragraph (2), the fees for the partial entrustment shall be stipulated by agreement between the project operator and the institution specializing in compensation affairs.

(5) If an institution specializing in compensation affairs pays for any extra expense, such as an appraisal fee, land survey fee, registration fee, or attorney's fee, which is not an ordinary expense incurred in the course of performing affairs, the relevant project operator shall reimburse such expense to the institution specializing in compensation affairs separately in addition to the fees specified in paragraph (4).

[This Article Wholly Amended on May 28, 2013]

Article 44(Establishment, composition, and operation of optional compensation council) #

(1) A compensation council under the main clause, with the exception of the subparagraphs, of Article 82(1) of the Act (hereafter in this Article referred to as "compensation council") shall be established in the Special Self-Governing Province or the Si/Gun/Gu (Gu refers to an autonomous Gu; hereafter in this Article the same shall apply) having jurisdiction over the relevant project area.

(2) In cases falling under paragraph (1), if the area in which public works projects is to be implemented stretches over two or more Sis/Guns/Gus, the heads of the relevant Sis/Guns/Gus (referring to the head of an autonomous Gu; hereafter in this Article the same shall apply) shall determine the Si/Gun/Gu in which a compensation council shall be established through consultations.

(3) If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems it necessary to establish a compensation council under paragraph (1) or (2), he or she shall establish a compensation council within 30 days after the elapse of the perusal period for the relevant compensation plan under Article 15(2) of the Act and shall notify the relevant project operator thereof, unless there is a compelling reason not to do so.

(4) A compensation council shall be comprised of not less than eight but not more than 16 members, including one chairperson, and the relevant project operator shall be included in the members, while at least one third of the members shall be comprised of landowners or relevant persons.

(5) A Deputy Governor of the relevant Special Self-Governing Province or a deputy head of the relevant Si/Gun/Gu shall serve as the chairperson of the compensation council, and the council member designated by the chairperson shall act on behalf of the chairperson, if the chairperson is unable to perform his or her duty due to an unavoidable cause or event.

(6) The chairperson of a compensation council shall represent the compensation council and exercise overall control of its affairs.

(7) A meeting of a compensation council shall be duly formed with the attendance of a majority of its incumbent members.

(8) The chairperson of a compensation council shall notify the relevant project operator of the matters resolved at a meeting, and the project operator shall reflect the resolutions deemed reasonable in executing the project.

(9) A compensation council shall appoint an administrative secretary and clerks to handle its administrative affairs, and the administrative secretary and clerks shall be appointed by the chairperson of the compensation council, from among public officials of the relevant Special Self-Governing Province or Si/Gun/Gu.

(10) If a project operator is the State or a local government, the project operator may pay allowances to council members, except public officials who attend the compensation council meetings.

(11) The chairperson of a compensation council shall ensure that he or she does not interfere with the project operator's execution of the project in operating the compensation council, and matters necessary for the operation of the compensation council shall be determined by the chairperson, subject to prior deliberation by the compensation council.

[This Article Wholly Amended on May 28, 2013]

Article 44-2(Establishment, composition, and operation of compulsory compensation council) #

(1) The Special Self-Governing Province or Si/Gun/Gu (Gu refers to an autonomous Gu; hereafter in this Article the same shall apply) having jurisdiction over the project area for any public works project falling under paragraph (2) shall establish a compensation council under the proviso, with the exception of the subparagraphs, of Article 82(1) of the Act (hereafter in this Article referred to as "compensation council"); provided, the project operator must establish the compensation council in any of the following cases:

1. Where it is impracticable for the Special Self-Governing Province or Si/Gun/Gu having jurisdiction over the relevant project area to establish the compensation council due to any unavoidable cause or event;

2. If the area in which the project operator executes the public works project stretches over two or more Sis/Guns/Gus, but the heads of the Sis/Guns/Gus (referring to the head of an autonomous Gu; hereafter in this Article the same shall apply) fail to reach an agreement on the establishment of a compensation council within 30 days after the elapse of the perusal period for the compensation plan prescribed in Article 15(2) of the Act.

(2) "Public work exceeding the scale prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 82(1) of the Act means public works projects executed in an area of at least 100,000 square meters, and the number of owners of land, etc. of which is at least 50.

(3) If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to establish a compensation council pursuant to the main clause, with the exception of the subparagraphs, of paragraph (1), he or she shall establish a compensation council within 30 days after the elapse of the perusal period for the relevant compensation plan provided in Article 15(2) of the Act and shall notify the relevant project operator thereof, unless there is a compelling reason not to do so, while a project operator who intends to establish a compensation council pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1) shall establish a compensation council without delay and shall notify the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu thereof, unless there is a compelling reason not to do so.

(4) A Deputy Governor of the relevant Special Self-Governing Province or a deputy head of the relevant Si/Gun/Gu shall serve as the chairperson of the compensation council, and the council member designated by the chairperson shall act on behalf of the chairperson, if the chairperson is unable to perform his or her duty due to an unavoidable cause or event; provided, members of a compensation council established pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1) shall be appointed or commissioned by the relevant project operator, and the chairperson shall be elected by and from among the council members.

(5) A compensation council shall have an administrative secretary and clerks to handle its administrative affairs, who shall be appointed by the chairperson of the compensation council, from among public officials of the relevant Special Self-Governing Province or Si/Gun/Gu (referring to executive officers and employees of the relevant project operator in cases of a compensation council established pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1)).

(6) Article 44(2), (4), (6) through (8), (10) and (11) shall apply mutatis mutandis to the establishment, composition, operation, etc. of a compensation council under paragraph (1).

[This Article Wholly Amended on May 28, 2013]

Article 50-2(Management of personally identifiable information) #

(1) A project operator (including a person who was consigned the affairs concerning compensation or relocation measures pursuant to Article 81 of the Act) may manage data containing resident registration numbers or alien registration numbers pursuant to subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to conduct the following affairs:

1. Affairs concerning request for issuance of documents necessary for implementing a public works project pursuant to Article 8(1) of the Act;

2. Affairs concerning preparation of land record documents and object record documents pursuant to Article 14 of the Act;

3. Affairs concerning public announcement and notification of compensation plans pursuant to Article 15 of the Act;

4. Affairs concerning consultation on compensation for land, etc., and conclusion of contracts pursuant to Articles 16 and 17 of the Act;

5. Affairs concerning application for adjudication pursuant to Article 28(1) and 30(2) of the Act;

6. Affairs concerning application for verification of the yielded agreement on compensation for land, etc., pursuant to Article 29 of the Act;

7. Affairs concerning use of land at time of natural disasters pursuant to Article 38 of the Act;

8. Affairs concerning payment or deposit of compensation pursuant to Article 40 of the Act;

9. Affairs concerning compensation with land pursuant to the proviso of Article 63(1) of the Act and affairs concerning compensation with bonds pursuant to paragraphs (7) and (8) of that Article;

10. Affairs concerning compensation for land to be acquired pursuant to Article 70 of the Act;

11. Affairs concerning compensation for land to be used pursuant to Article 71 of the Act;

12. Affairs concerning compensation for rights pursuant to Article 76 of the Act;

13. Affairs concerning compensation for business losses, farm losses and wage losses suffered by the workers temporarily laid off or unemployed pursuant to Article 77 of the Act;

14. Affairs concerning establishment of relocation measures and establishment, etc. of relocation measures for factories pursuant to Articles 78 and 78-2 of the Act;

15. Affairs concerning compensation for losses of land, etc. outside of the area where a public works project is implemented pursuant to Article 79(2) of the Act;

16. Affairs concerning repurchase of land and notice, etc. of repurchase rights pursuant to Articles 91 and 92 of the Act.

(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may manage data containing resident registration numbers or alien registration numbers pursuant to subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to verify the grounds for disqualification referred to in Article 54 of the Act to appoint members of a Land Tribunal.

[This Article Added on Aug. 6, 2014]

[Previous Article 50-2 moved to Article 50-3 <Aug. 6, 2014>]

ENFORCEMENT DECREE OF THE ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS

Article 1(Purpose) #

Article 2(Verification of results of disposition made in response to request for improvement) #

Article 3(Notification) #

Article 4(Service) #

Article 5(Agent) #

Article 6(Application for issuance of documents) #

Article 6-2(Application for adjudication on compensation for loss) #

Article 7(Preparation of land record document and object record document) #

Article 8(Procedures and methods for consultation) #

Article 9 #

Article 10(Application for project approval) #

Article 11(Hearing of opinions) #

Article 11-2(Matters to be examined) #

Article 11-3(Notice of project approval) #

Article 12(Application for adjudication) #

Article 13(Application for verification of agreement yielded) #

Article 14(Request for application for adjudication) #

Article 15(Perusal of application for adjudication) #

Article 16(Composition of subcommittees) #

Article 17(Service of conciliation protocol) #

Article 18(Permission for use and notification thereof) #

Article 19(Provision of collateral) #

Article 20(Deposit of compensation) #

Article 21(Receipt of compensation by persons who have succeeded to rights) #

Article 22(Acquisition and return of collateral) #

Article 23(Method of requesting attendance) #

Article 24(Operation and methods of deliberation) #

Article 24-2(Entrustment of establishment and operation of adjudication information system) #

Article 24-3(Persons eligible for compensation with land) #

Article 25(Project operators who may issue bonds) #

Article 26(Land owned by absentee real estate owners) #

Article 27(Amount of compensation as basis for compensation with bonds) #

Article 27-2(Compensation with bonds for areas prone to land speculation) #

Article 28(Recommendation of appraisal corporation by mayor/do governor and landowners) #

Article 29(Projects eligible for issuance of compensation bonds) #

Article 30(Procedures for issuance of compensation bonds) #

Article 31(Methods of issuance of compensation bonds) #

Article 32(Interest rate and redemption of compensation bonds) #

Article 33(Descriptions of compensation bonds) #

Article 34(Institutions handling compensation bonds) #

Article 35(Procedures for handling administrative affairs regarding compensation bonds) #

Article 36(Location and service of register for delivery of compensation bonds) #

Article 37(Fluctuation rate of land price) #

Article 38(Temporary land utilization status) #

Article 38-2(Officially announced land price) #

Article 39(Determination on remaining land) #

Article 40(Formulation and implementation of relocation measures) #

Article 41(Payment of resettlement subsidies) #

Article 41-2(Scope of basic living facilities) #

Article 41-3(Formulation of plans for relocation measures for factories) #

Article 41-4(Public announcement of compensation plans for losses in connection with land) #

Article 42(Application for adjudication on compensation for losses or costs) #

Article 43(Institutions specializing in compensation affairs) #

Article 44(Establishment, composition, and operation of optional compensation council) #

Article 44-2(Establishment, composition, and operation of compulsory compensation council) #

Article 45(Filing objections) #

Article 46(Service of written adjudication on filing objections) #

Article 47(Certificate of determination of adjudication) #

Article 48(Conditions of agreement on repurchase amount) #

Article 49(Notice of alteration of public works project) #

Article 50(Public announcement of repurchase right) #

Article 50-2(Management of personally identifiable information) #

Article 50-3 #

Article 51(Criteria for imposition of administrative fines) #