SPECIAL ACT ON CADASTRAL RESURVEY

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SPECIAL ACT ON CADASTRAL RESURVEY — 법갈피

Article 4(Establishment of Master Plan) #

(1) In order to execute the cadastral resurvey project efficiently, the Minister of Land, Infrastructure and Transport shall establish a master plan for the cadastral resurvey project (hereinafter referred to as "Master Plan"), which shall include the following matters: <Amended on Mar. 23, 2013; Apr. 18, 2017; Jan. 12, 2021>

1. Basic direction-setting for the cadastral resurvey project;

2. The execution period and scale of the cadastral resurvey project;

3. An annual execution plan for the cost of the cadastral resurvey project;

4. A plan for the apportionment of the cost of the cadastral resurvey project to the Special Metropolitan City, each Metropolitan City, each Do, each Special Self-Governing Province, each Special Self-Governing City, and each large city including Gus under Article 198 of the Local Autonomy Act (hereinafter referred to as "City/Do");

5. A plan for securing human resources necessary for the cadastral resurvey project;

6. Other matters specified by Presidential Decree as necessary for the efficient execution of the cadastral resurvey project.

(2) When the Minister of Land, Infrastructure and Transport intends to establish the Master Plan, he or she shall hold a prior public hearing to hear opinions from appropriate experts and others, prepare a draft master plan, forward the draft to the Special Metropolitan City Mayor, each Metropolitan City Mayor, each Do Governor, each Special Self-Governing Province Governor, each Special Self-Governing City Mayor, and the Mayor of each large city including Gus under Article 198 of the Local Autonomy Act (hereinafter referred to as "Mayor/Do Governor") to hear their opinions, and shall present the draft at the Central Cadastral Resurvey Committee under Article 28 for deliberation thereon. <Amended on Mar. 23, 2013; Apr. 18, 2017; Jan. 12, 2021>

(3) Upon receiving a draft master plan under paragraph (2), a Mayor/Do Governor shall forward it to the competent cadastral authority without delay to hear its opinion.

(4) A cadastral authority shall submit its opinion to the competent Mayor/Do Governor within 20 days from the date on which the draft master plan is forwarded under paragraph (3), and the Mayor/Do Governor shall submit the competent cadastral authority's opinion along with his or her own opinion to the Minister of Land, Infrastructure and Transport within 30 days from the date on which the draft master plan is forwarded under paragraph (2). In such cases, when a cadastral authority or a Mayor/Do Governor fails to submit his or her opinion within the period, he or she shall be deemed to have no opinion with regard thereto. <Amended on Mar. 23, 2013>

(5) Paragraphs (2) through (4) shall also apply to a revision to the Master Plan: Provided, That the foregoing shall not apply to a revision of any minor matter specified by Presidential Decree.

(6) When the Minister of Land, Infrastructure and Transport establishes or revises the Master Plan, he or she shall give public notice thereof through the Official Gazette and notify each Mayor/Do Governor thereof, who shall in turn notify the competent cadastral authority thereof without delay. <Amended on Mar. 23, 2013>

(7) The Minister of Land, Infrastructure and Transport shall review the feasibility of the Master Plan once every five years after the date on which the plan is established and shall revise the Plan, if necessary. <Amended on Mar. 23, 2013>

Article 4-2(Establishment of City/Do Comprehensive Plan) #

(1) A Mayor/Do Governor shall establish a comprehensive plan (hereinafter referred to as "City/Do comprehensive plan") concerning the cadastral resurvey project, including the following, based on the Master Plan: <Amended on Dec. 10, 2019>

1. Detailed criteria for designating a cadastral resurvey district;

2. An annual resurvey quota allocated to each cadastral authority;

3. An annual estimate for the cost of the cadastral resurvey project;

4. A plan for allocating the cost of the cadastral resurvey project to each cadastral authority;

5. A plan for securing human resources necessary for the cadastral resurvey project;

6. Matters concerning education and publicity for the cadastral resurvey project;

7. Other matters necessary for the cadastral resurvey project of the competent City/Do.

(2) Where a Mayor/Do Governor establishes a City/Do comprehensive plan, he or she shall forward a draft City/Do comprehensive plan to each cadastral authority to hear its opinion, and shall present the draft at the City/Do cadastral resurvey committee under Article 29 for deliberation thereon.

(3) A cadastral authority shall submit its opinion within 14 days from the date on which the draft City/Do comprehensive plan is forwarded under paragraph (2). In such cases, when the cadastral authority fails to submit its opinion within the period, it shall be deemed to have no opinion with regard thereto.

(4) Where a Mayor/Do Governor determines a City/Do comprehensive plan, he or she shall submit such plan to the Minister of Land, Infrastructure and Transport without delay.

(5) When a City/Do comprehensive plan submitted under paragraph (4) is inconsistent with the Master Plan, the Minister of Land, Infrastructure and Transport may request the relevant Mayor/Do Governor to revise the City/Do comprehensive plan with clarification of the relevant reason. In such cases, the relevant Mayor/Do Governor shall comply with such request except in extenuating circumstances.

(6) A Mayor/Do Governor shall review the feasibility of the City/Do comprehensive plan once every five years after the date on which the plan is established and shall revise the plan, if necessary.

(7) Paragraphs (2) through (5) shall also apply to a revision to the City/Do comprehensive plan under paragraph (6): Provided, That the foregoing shall not apply to a revision to any minor matter specified by Presidential Decree.

(8) When a Mayor/Do Governor establishes City/Do comprehensive plan under paragraph (1) or revises it under paragraph (6), he or she shall give public notice thereof through the relevant City/Do official bulletin and notify the competent cadastral authority thereof.

(9) The Minister of Land, Infrastructure and Transport shall determine criteria and methods for preparing a City/Do comprehensive plan and other details concerning establishment of the City/Do comprehensive plan.

[This Article Newly Inserted on Apr. 18, 2017]

Article 7(Designation of Cadastral Resurvey Districts) #

(1) Each cadastral authority shall establish an implementation plan and file an application for the designation of a cadastral resurvey district with the competent Mayor/Do Governor. <Amended on Dec. 10, 2019>

(2) When a cadastral authority intends to file an application for the designation of a cadastral resurvey district with the competent Mayor/Do Governor, it shall obtain consent from at least two-thirds of the total number of landowners in the prearranged area for the cadastral resurvey (referring to the competent property management authority in cases of State-owned or public land; hereinafter the same shall apply) and the landowners who own at least two-thirds of the area of land in the prearranged area for the cadastral resurvey, taking the following matters into account: <Amended on Apr. 18, 2017; Dec. 10, 2019; ; Mar. 19, 2024>

1. Whether a substantial discrepancy between registration information in official cadastral records and the actual conditions of land has caused severe inconvenience to residents in the area;

2. Whether it is easy to execute the project;

3. Whether good results are expected from the execution of the project.

(3) Notwithstanding paragraph (2), a cadastral authority may file an application for preferentially designating an area, in which landowners organize a council in a prearranged area for the cadastral resurvey pursuant to Article 13 (hereinafter referred to as "landowners' council") and at least three-quarters of the total number of landowners consent to the designation, as a cadastral resurvey district. <Amended on Dec. 10, 2019; Mar. 19, 2024>

(4) Deleted. <Dec. 22, 2020>

(5) Deleted. <Dec. 22, 2020>

(6) When a Mayor/Do Governor intends to designate a cadastral resurvey district, he or she shall undergo deliberation by the City/Do cadastral resurvey committee under Article 29, as prescribed by Presidential Decree. <Amended on Dec. 10, 2019>

(7) Article 7 (1) through (3), and (6) and Article 6 (2) through (4) shall also apply to the modification of a cadastral resurvey district: Provided, That the foregoing shall not apply to a revision to any minor matter specified by Presidential Decree. <Amended on Dec. 10, 2019; Dec. 22, 2020>

(8) The method of calculating the number of consenting persons under paragraph (2), the procedure for granting consent, and other necessary matters shall be prescribed by Presidential Decree.

[Title Amended on Dec. 10, 2019]

Article 20(Determination of Amount of Liquidation) #

(1) Where the area on the official cadastral record is increased or decreased due to the determination of boundaries under Article 18, the competent cadastral authority shall determine and collect or pay the amount of liquidation based on the details of the increase or decrease in the area of by parcel. In such cases, where one landowner owns multiple parcels of land, the details of the increase or decrease in the amount of liquidation by parcel of land owned by the relevant landowner shall be collected or paid by aggregating the details of the increase or decrease in the amount of liquidation by parcel of land. <Amended on Mar. 19, 2024>

(2) Notwithstanding the provisions of paragraph (1), no amount of liquidation shall be collected or paid for State-owned or public land.

(3) The amount of liquidation shall be determined by arithmetically averaging the amount appraised by at least 2 appraisal corporations, etc. (if there is an appraisal corporation recommended by a landowners‘ council, including such 1 appraisal corporation: Provided, That in the absence of such recommendation, a cadastral authority shall make the recommendation) as at the time the relevant boundaries are determined under Article 18: Provided, That where a landowners' council requests, the amount of liquidation may be determined based on the officially assessed individual land price under the Act on the Public Announcement of Real Estate Values following deliberation by the competent Si/Gun/Gu cadastral resurvey committee under Article 30. <Amended on Apr. 18, 2017; Apr. 7, 2020; Mar. 19, 2024>

(4) When a cadastral authority intends to determine the amount of liquidation under paragraph (3), it shall table the case at the competent Si/Gun/Gu cadastral resurvey committee under Article 30 for deliberation.

(5) Except as provided in paragraphs (2) through (4), matters necessary for determining the amount of liquidation shall be prescribed by Presidential Decree.

Article 21(Payment, Collection, or Deposit of Amount of Liquidation) #

(1) The amount of liquidation shall be paid or received in cash. <Amended on Apr. 18, 2017>

(2) When a cadastral authority determines the amount of liquidation under Article 20 (1), it shall prepare a liquidation statement without delay and notify each landowner of the relevant amount of liquidation.

(3) A cadastral authority shall give a notice of receipt or payment of the amount of liquidation to a landowner within ten days from the date on which the relevant amount of liquidation is notified pursuant to paragraph (2).

(4) A cadastral authority shall pay the amount of liquidation within six months from the date on which it gives a notice of receipt pursuant to paragraph (3).

(5) A person in receipt of a notice of payment under paragraph (3) shall pay the amount of liquidation within six months from the date on which the notice is given: Provided, That the competent cadastral authority may allow him or her to pay the amount of liquidation in installments over one year, as prescribed by Presidential Decree. <Amended on Apr. 18, 2017>

(6) When a person liable to pay the amount of liquidation fails to do so by the deadline, the competent cadastral authority may collect such amount under the Act on the Collection of Local Administrative Penalty Charges. <Newly Inserted on Apr. 18, 2017; Mar. 24, 2020; Jun. 9, 2020>

(7) In any of the following cases, a cadastral authority liable to pay the amount of liquidation may deposit such amount in a depository office having jurisdiction over the location of land owned by a person entitled to receive the amount of liquidation: <Amended on Apr. 18, 2017>

1. If a person entitled to receive the amount of liquidation refuses to receive such amount or is unable to receive such amount because his or her domicile is unclear or due to any other reason;

2. If a cadastral authority is unable to identify a person entitled to receive the amount of liquidation without negligence on the part of the cadastral authority;

3. If the payment of the amount of liquidation is suspended due to attachment or provisional attachment.

(8) If a right is transferred after a cadastral resurvey district is designated, the person who succeeds to the right shall receive or pay the amount of liquidation under paragraph (1) or a deposit money under paragraph (7). <Amended on Apr. 18, 2017; Dec. 10, 2019>

Article 28(Central Cadastral Resurvey Committee) #

(1) The Minister of Land, Infrastructure and Transport shall establish a Central Cadastral Resurvey Committee (hereinafter referred to as the "Central Committee") under his or her control in order to deliberate and decide on major policies on the cadastral resurvey project. <Amended on Mar. 23, 2013>

(2) The Central Committee shall deliberate and decide on the following matters: <Amended on Jun. 9, 2020>

1. Establishment and revision of the Master Plan;

2. Matters regarding the enactment and amendment of relevant statutes or regulations and the improvement of systems;

3. Other matters the chairperson of the Central Committee tables at the Central Committee for deliberation as he or she deems necessary for the cadastral resurvey project.

(3) The Central Committee shall be comprised of not less than 15, but not more than 20 persons, including one chairperson and one vice chairperson.

(4) The Minister of Land, Infrastructure and Transport shall serve as the chairperson of the Central Committee, while the vice chairperson shall be appointed by the chairperson from among committee members. <Amended on Mar. 23, 2013>

(5) Members of the Central Committee shall be appointed or commissioned by the chairperson from among the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Grade I through III public officials of the Ministry of Economy and Finance, the Ministry of Justice, the Ministry of the Interior and Safety, or the Ministry of Land, Infrastructure and Transport or public officials who are members of the Senior Executive Service;

2. Judges, public prosecutors, or attorneys at law;

3. Persons who served or serve as a professor of law, cadastral records, or land surveying;

4. Other persons who have relevant expertise in the cadastral resurvey project.

(6) The term of office for a member who is not a public official, among members of the Central Committee, shall be two years.

(7) Meetings of the Central Committee shall commence with the attendance of a majority of incumbent members and pass resolutions with concurring votes of a majority of the members present.

(8) Other matters necessary for the organization and operation of the Central Committee shall be prescribed by Presidential Decree.

Article 29(City/Do Cadastral Resurvey Committees) #

(1) A Mayor/Do Governor may establish a City/Do cadastral resurvey committee (hereinafter referred to as "City/Do committee") under his or her control in order to deliberate and decide on major policies on the cadastral resurvey project of the competent City/Do.

(2) A City/Do committee shall deliberate and decide on the following matters: <Amended on Apr. 18, 2017; Dec. 10, 2019; Jun. 9, 2020>

1. An implementation plan established by a cadastral authority;

1-2. Establishment and revision of a City/Do comprehensive plan;

2. Designation and modification of a cadastral resurvey district;

3. Re-prioritization of cadastral resurvey projects in each Si/Gun/Gu;

4. Other matters the chairperson of a City/Do committee tables at the City/Do committee for deliberation as he or she deems necessary for the cadastral resurvey project.

(3) A City/Do committee shall be comprised of not more than ten members, including one chairperson and one vice chairperson.

(4) A Mayor/Do Governor shall serve as the chairperson of the competent City/Do committee, while the vice chairperson shall be appointed by the chairperson from among committee members.

(5) Members of a City/Do committee shall be appointed or commissioned by the chairperson from among the following persons:

1. Grade III or higher-ranking public officials in the competent City/Do;

2. Judges, public prosecutors, or attorneys at law;

3. Persons who served or serve as a professor of law, cadastral records, or land surveying;

4. Other persons who have relevant expertise in the cadastral resurvey project.

(6) The term of office for a member who is not a public official, among members of a City/Do committee, shall be two years.

(7) Meetings of a City/Do committee shall commence with the attendance of a majority of incumbent members and pass resolutions with concurring votes of a majority of the members present.

(8) Other matters necessary for the organization and operation of a City/Do committee shall be prescribed by municipal ordinance of the competent City/Do.

Article 30(Si/Gun/Gu Cadastral Resurvey Committees) #

(1) A cadastral authority may establish a Si/Gun/Gu cadastral resurvey committee (hereinafter referred to as "Si/Gun/Gu committee") under its control in order to deliberate and decide on major policies on the cadastral resurvey project of the competent Si/Gun/Gu.

(2) A Si/Gun/Gu committee shall deliberate and decide on the following matters: <Amended on Apr. 18, 2017; Jun. 9, 2020; Mar. 19, 2024>

1. Whether boundary relocation surveying and arrangement of official cadastral records under Article 12 (2) 3 is permitted;

2. Change of a land category under Article 19;

3. Determination on the amount of liquidation under Article 20;

3-2. Determination on an objection against the amount of liquidation under Article 21-2 (3);

4. Other matters that the chairperson of a Si/Gun/Gu committee tables at the Si/Gun/Gu Committee for deliberation as he or she deems necessary for the cadastral resurvey project.

(3) A Si/Gun/Gu committee shall be comprised of not more than 10 members, including one chairperson and one vice chairperson.

(4) The head of a Si/Gun/Gu shall serve as the chairperson of the competent Si/Gun/Gu committee, while the vice chairperson shall be appointed by the chairperson from among committee members.

(5) Members of a Si/Gun/Gu Committee shall be appointed or commissioned by the chairperson from among the following persons: <Amended on Dec. 10, 2019>

1. Grade V or higher-ranking public officials in the competent Si/Gun/Gu;

2. The head of the Eup/Myeon/Dong in which the relevant cadastral resurvey district is situated;

3. Judges, public prosecutors, or attorneys at law;

4. Persons who served or serve as a professor of law, cadastral records, or land surveying;

5. Other persons who have relevant expertise in the cadastral resurvey project.

(6) The term of office for a member who is not a public official, among members of a Si/Gun/Gu committee, shall be two years.

(7) Meetings of a Si/Gun/Gu Committee shall commence with the attendance of a majority of incumbent members and pass resolutions with concurring votes of a majority of the members present.

(8) Other matters necessary for the organization and operation of a Si/Gun/Gu Committee shall be prescribed by ordinance of the competent Si/Gun/Gu.

Article 31(Boundary Determination Committee) #

(1) Each cadastral authority shall establish a boundary determination committee under its control in order to have the committee make decisions on the following matters:

1. Making decisions on the definition of boundaries;

2. Making decisions on objections raised against the definition of boundaries.

(2) A boundary determination committee shall be comprised of not more than 11 members, including one chairperson and one vice chairperson.

(3) A judge who is a committee member shall serve as the chairperson of a boundary determination committee, while the vice chairperson shall be appointed by the competent cadastral authority from among committee members.

(4) Members of a boundary determination committee shall be the following persons: Provided, That persons under subparagraphs 3 and 4 may attend a committee meeting as members when the relevant cadastral resurvey district is on the meeting agenda: <Amended on Dec. 10, 2019>

1. A judge appointed by the Chief Judge of the competent district court;

2. Persons appointed or commissioned by the competent cadastral authority from among the following persons:

(a) Grade V or higher-ranking public officials in the competent cadastral authority;

(b) Attorneys at law, law professors, and other persons who have abundant knowledge of law;

3. Landowners in a cadastral resurvey district (referring to persons recommended by a landowners' council, if a landowners' council is already organized);

4. The head of the Eup/Myeon/Dong in which a cadastral resurvey district is situated.

(5) Members who fall under paragraph (4) 3 shall be always included in members of a boundary determination committee.

(6) The term of office for a member who is not a public official, among members of a boundary determination committee, shall be two years.

(7) A boundary determination committee may conduct a fact-finding survey ex officio or at the request of a landowner or interested party or may request an applicant, a landowner, or an interested party to submit necessary documents and may assign public officials who belong to the competent cadastral authority to conduct a fact-finding survey.

(8) A landowner or interested party may appear before the competent boundary determination committee to state his or her opinion or may submit evidential documents as necessary.

(9) A boundary determination committee shall make a decision or adopt a resolution in writing by an affirmative vote of a majority of incumbent members.

(10) A written decision or resolution under paragraph (9) shall state the main text, the reasons for the decision or resolution, the date of decision or resolution, and the names of committee members who participate in making the decision or adopting the resolution, and all committee members who participate in making the decision or adopting the resolution shall affix their signatures and seals thereon: Provided, That if a committee member refuses to affix his or her signature and seal or is unable to affix his or her signature and seal due to an extenuating circumstance, the member may omit affixing his or her signature and seal and may state only the circumstance.

(11) Necessary matters regarding the organization and operation of a boundary determination committee shall be prescribed by municipal ordinance of the competent Si/Gun/Gu.

Article 37(Entry into Land) #

(1) If necessary for the cadastral resurvey project, a cadastral authority may authorize public officials under its control or a responsible agency (including a person entrusted to conduct surveys and investigations for cadastral resurvey projects under Article 5 (4); hereafter in this Article the same shall apply) to enter or temporarily use another's land, building, or public waters (hereafter referred to as "land or property" in this Article) and may authorize them to alter or remove trees, earth, stones, and other obstacles (hereinafter referred to as "obstacles"), if particularly necessary. <Amended on Dec. 22, 2020; Mar. 19, 2024>

(2) When a cadastral authority authorizes public officials under its control or a responsible agency to enter or temporarily use another's land or property or to alter or remove obstacles under paragraph (1), it shall notify the owner, occupant, or manager of the relevant land or property of the date, time and place of entry by not later than three days before the date on which it is intended to enter the land or property. <Amended on Dec. 22, 2020>

(3) No one shall enter another's residential premises or another's land or property enclosed with a wall or fence before sunrise or after sunset without consent of the occupant of the land or property.

(4) No occupant of a lot of land or other property shall interfere with or refuse the activities under paragraph (1) without justifiable grounds.

(5) A person who intends to conduct the activities under paragraph (1) shall carry an identification card indicating his or her authority and a permit and shall produce them to persons involved.

(6) A cadastral authority shall compensate a person for losses inflicted on the person by the activities under paragraph (1).

(7) As regards compensation for losses under paragraph (6), the competent cadastral authority and the person who sustains losses shall reach an agreement.

(8) If a cadastral authority and the person who sustains any loss fail, or are unable, to reach an agreement under paragraph (7), either party may file a petition for adjudication with the competent land tribunal under the Act on Acquisition of and Compensation for Land for Public Works Projects.

(9) As to the adjudication by the competent land tribunal under paragraph (8), Articles 84 through 88 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis.

SPECIAL ACT ON CADASTRAL RESURVEY

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to Other Statutes) #

Article 4(Establishment of Master Plan) #

Article 4-2(Establishment of City/Do Comprehensive Plan) #

Article 5(Executor of Cadastral Survey Project) #

Article 5-2(Designation of Responsible Agency) #

Article 6(Establishment of Implementation Plans) #

Article 7(Designation of Cadastral Resurvey Districts) #

Article 8(Public Notice of Designation as Cadastral Resurvey District) #

Article 9(Invalidation of Designation of Cadastral Resurvey District) #

Article 10(Land Status Research) #

Article 11(Surveying for Cadastral Resurvey) #

Article 12(Suspension of Boundary Relocation Surveying and Adjustment of Official Cadastral Records) #

Article 13(Landowners' Council) #

Article 14(Standards for Establishing Boundaries) #

Article 15(Installation of Boundary Point Markers, Preparation of Prearranged Cadastral Verification Statements) #

Article 16(Determination of Boundaries) #

Article 17(Objections against Boundary Determination) #

Article 18(Determination of Boundaries) #

Article 19(Change of Land Category) #

Article 20(Determination of Amount of Liquidation) #

Article 21(Payment, Collection, or Deposit of Amount of Liquidation) #

Article 21-2(Filing Objections against Amount of Liquidation) #

Article 22(Extinctive Prescription of Amount of Liquidation) #

Article 23(Public Announcement and Public Inspection of Completion of Project) #

Article 24(Preparation of New Official Cadastral Records) #

Article 25(Requests for Registration) #

Article 26(Management of Closed Official Cadastral Records) #

Article 27(Notification of Descriptions regarding Current Status of Buildings) #

Article 28(Central Cadastral Resurvey Committee) #

Article 29(City/Do Cadastral Resurvey Committees) #

Article 30(Si/Gun/Gu Cadastral Resurvey Committees) #

Article 31(Boundary Determination Committee) #

Article 32(Cadastral Resurvey Planning Team) #

Article 33(Request for Increase or Decrease of Rent) #

Article 34(Waiver of Right) #

Article 35(Restriction on Request) #

Article 36(Real Subrogation) #

Article 37(Entry into Land) #

Article 38(Inspection of Documents) #

Article 39(Reporting and Supervision of Cadastral Resurvey Project) #

Article 40(Delegation of Authority) #

Article 41(Prohibition of Divulgence of Confidential Information) #

Article 42(Application Mutatis Mutandis of the Urban Development Act) #

Article 42-2(Legal Fiction as Public Officials in Application of Penalty Provisions) #

Article 43(Penalty Provisions) #

Article 44(Joint Penalty Provisions) #

Article 45(Administrative Fines) #