Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Special Measures for Compensation for Inclusion of Land in River Areas and matters necessary for enforcing that Act.
Article 2(Preparation of records of included land) #
(1) With respect to land included in a river area, which is eligible for compensation for loss under Article 2 of the Act on Special Measures for Compensation for Inclusion of Land to River Areas (hereinafter referred to as the "Act"), the head of a Si/Gun/Gu (the head of Gu refer to the head of an autonomous Gu; hereinafter the same shall apply) shall prepare records of land included in a river area in accordance with attached Form 1 (hereinafter referred to as "records of land included"), in which the following matters are stated for each river:
1. The name of the river;
2. The location and area of the included land;
3. The status of use of the included land at the time of incorporation and the land category thereof on the official cadastral records;
4. Current status of use of the included land;
5. Whether an embankment has been installed;
6. Whether the included land is registered as state-owned;
7. The names and addresses of landowners and interested persons;
8. Other necessary matters.
(2) When the head of a Si/Gun/Gu has prepared the records of included land, he or she shall notify the details thereof to the landowners and interested persons (hereafter in this Article referred to as "landowners, etc.") and shall publicly announce them on the bulletin board of the Si/Gun/Gu/Eup/Myeon/Dong in the relevant area for at least 14 days; provided, where the person to be notified is not clear or where his or her address, residence, or other places to be notified is unknown, the notification need not be made.
(3) The landowners, etc. may submit their opinions on the records of land included in accordance with attached Form 2 within the period of public announcement under paragraph (2). In such cases, the head of the Si/Gun/Gu shall verify a certified copy of the register of real estate through administrative data matching under Article 36(1) of the Electronic Government Act. <Amended on May 4, 2010>
(4) Where the head of the Si/Gun/Gu deems that an opinion submitted pursuant to paragraph (3) is justifiable, he or she shall prepare new records of included land accordingly.
(5) When the head of the Si/Gun/Gu prepares the records of land included, if the boundary of the included land is not clear or if part of the land is included in the river area, he or she shall conduct a survey of the partitioned land in advance and adjust the official cadastral records; provided, if it is impossible to divide the land because the area of the land to be partitioned is inconsistent with the Building Act or any relevant statute or regulation, the head of the Si/Gun/Gu shall conduct a cadastral survey of the current status thereof and prepare the records of included land.
(6) When the head of the Si/Gun/Gu prepares, changes, or abolishes the records of included land, he or she shall send them to the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor (hereinafter referred to as the "Mayor/Do Governor") without delay.
(7) The Mayor/Do Governor shall prepare the records of included land for each river by collecting the records of included land by Si/Gun/Gu (Gu refers to an autonomous Gu) sent pursuant to paragraph (6), and publicly announce the details thereof.
(8) When the Mayor/Do Governor prepares, changes, or repeals the records of included land, he or she shall publicly announce such fact without delay.
(9) When the Mayor/Do Governor makes a public announcement under paragraph (7) or (8), he or she shall notify the landowners, etc. in the records of included land of matters necessary for filing a claim for compensation, such as the form of a claim for compensation, the period for filing a claim for compensation, and the standards for calculating and methods of paying compensation.
Article 3(Claim for compensation) #
(1) A person who intends to obtain compensation for loss on included land eligible for compensation under Article 2 of the Act shall file a claim for compensation with the Mayor/Do Governor via the head of the Si/Gun/Gu, stating the following matters in the claim for compensation in attached Form 3:
1. The name and address of the owner of the included land;
2. The location and area of the included land;
3. Other matters related to the claim for compensation.
(2) The claim for compensation under paragraph (1) shall be accompanied by the following documents: <Amended on May 4, 2010; Nov. 2, 2010>
1. A written final and conclusive judgment rendered by the court related to ownership (limited to where a final and conclusive judgment has been rendered by a court), which is a document proving that he or she is the landowner;
2. Deleted; <Nov. 2, 2010>
3. Certificate of registered seal.
(3) Upon receipt of a written claim for compensation under paragraph (1), the head of the Si/Gun/Gu shall verify the following documents through administrative data matching under Article 36(1) of the Electronic Government Act: provided, where the applicant does not consent to the verification under subparagraph 1, the applicant shall be required to attach such documents: <Add on Nov. 2, 2010>
1. A certified copy of the resident register;
2. A certified copy of the register of real estate (if the registration is canceled pursuant to Article 114 of the Registration of Real Estate Act, a certified copy of the canceled record of the register of real estate);
3. A cadastral map.
(4) If the claimant for compensation under paragraph (1) is an inheritor, documents proving the fact of inheritance shall be submitted, and if the claimant is a successor, documents proving the fact of succession shall be submitted together with the documents under paragraph (2), respectively. <Amended on Nov. 2, 2010>
(5) Upon receipt of a claim for compensation under paragraph (1), the head of the Si/Gun/Gu shall issue a receipt specifying the date and time of the claim to the relevant claimant for compensation and record it in the register of claims for compensation in attached Form 4 <Amended on Nov. 2, 2010>
Article 4(Determination of persons eligible for compensation) #
(1) Upon receipt of a written claim for compensation sent under Article 3(8), the Mayor/Do Governor shall examine the relevant written claim for compensation and documents attached thereto, such as written opinions, and the details of the records of included land, and determine whether the relevant land is eligible for compensation and whether the claimant for compensation is eligible for just compensation. <Amended on Nov. 2, 2010>
(2) If necessary for the determination under paragraph (1), the Mayor/Do Governor may, ex officio or upon request, require the claimant for compensation and other interested persons to submit their opinions in writing (including electronic documents) or orally.
(3) Where the Mayor/Do Governor makes the determination under paragraph (1), he or she shall, without delay, notify the claimant for compensation and the interested parties who have submitted written opinions of the fact in writing.
Article 5(Formulation of compensation plans) #
The Mayor/Do Governor shall annually formulate a compensation plan for the relevant year classified into national rivers and local rivers (referring to local 1st-class rivers before the enforcement date of the River Act (Act No. 8338)) in accordance with Form 5 and report it to the Minister of Climate, Energy and Environment by the end of March. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>
Article 6(Compensation Deliberation Committee) #
(1) A Compensation Deliberation Committee (hereinafter referred to as the "Committee") may be established in the Special Metropolitan City, a Metropolitan City, or a Do to deliberate on the following matters regarding compensation for included land:
1. Determination of the person eligible for compensation;
2. Formulation of compensation plan;
3. Matters regarding the assessment and payment of the amount of compensation;
4. Other matters deemed necessary by the Mayor/Do Governor.
(2) The Committee shall be comprised of up to 9 members, including 1 chairperson and 1 vice- chairperson.
(3) The chairperson and the vice-chairperson shall be appointed by the Mayor/Do Governor from among the members of the Committee.
(4) Members of the Committee shall be commissioned by the Mayor/Do Governor from among the following persons:
1. Residents of the jurisdiction;
2. A person who is qualified as a judge, prosecutor or attorney-at-law;
3. A person who has experience in compensation work, such as an certified appraiser.
(5) The chairperson shall convene and preside over meetings of the Committee.
(6) A meeting of the Committee shall be held with the attendance of a majority of the members, but at least 1/3 of the persons falling within paragraph (4)1 shall be included in the members present, and a resolution shall be passed with the concurrent vote of a majority of the members present.
(7) The Committee shall have an executive secretary and a clerk, who shall be appointed by the relevant Mayor/Do Governor from among public officials under his or her jurisdiction.
(8) Allowances and travel expenses may be paid to members who attend meetings of the Committee within the budget.
(9) The clerk of the Committee shall prepare the minutes of the meeting, and the details of the meeting shall be entered in the minutes of the Committee, and the chairperson and the clerk shall affix their names and seals.
(10) Except as provided in paragraphs (1) through (9), matters necessary for the organization and operation of the Committee shall be determined by the chairperson through a resolution of the Committee.
Article 7(Calculation of amount of compensation) #
(1) When the Mayor/Do Governor calculates the amount of compensation for land eligible for compensation, he or she shall calculate it by requesting at least 2 persons, including an appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers. In such cases, the calculation of the amount of compensation shall be based on the arithmetic mean of the values appraised by each appraisal corporation, etc. <Amended on Aug. 31, 2016; Jan. 21, 2022>
(2) Where the amount of compensation calculated pursuant to paragraph (1) falls under any of the following subparagraphs, the Mayor/Do Governor may request two or more other appraisal corporations, etc. to conduct an appraisal. In such cases, the calculation of the amount of compensation shall be based on the arithmetic mean of the re-appraised values: <Amended on Jan. 21, 2022>
1. Where the appraised value has been appraised, in violation of the relevant statute or regulation;
2. Where an appraisal corporation, etc. has any special reason which makes it impossible to recognize the appraised value of the appraisal corporation, etc. as appropriate because the appraisal corporation, etc. conducts an unfair appraisal, etc.;
3. Where the highest appraised value from among the appraised values exceeds 130 percent of the lowest appraised value.
(3) In calculating the amount of compensation for land included in a river area due to river works or permission to occupy and use a river by a river management agency (including a person other than a river management agency under Article 30 of the River Act), the land category and status of use immediately before the river works or permission to occupy and use a river shall be taken into consideration.
Article 8(Notification of payment of compensation) #
When the Mayor/Do Governor pays the compensation calculated pursuant to Article 7, he or she shall notify the relevant person eligible for compensation of the amount of compensation and the date of payment.
Article 9(Notification of land eligible for compensation located in section of public works project) #
A person who implements public works, such as river works, pursuant to Article 7(1) of the Act shall notify the competent Mayor/Do Governor of the details of the land to be compensated in advance.