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ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 1 / Purpose | Article 1 (Purpose) The purpose of this Act is to ensure the promotion of public welfare and the appropriate protection of property rights through the efficient implementation of public works projects, by prescribing matters for compensation for any loss incurred in the acquisition or use of land, etc. required for the... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 2 / Definitions | Article 2 (Definitions) The terms used in this Act are defined as follows:1. The term "land, etc." means any land, goods and right falling under any subparagraph of Article 3;2. The term "public works project" means any project falling under any subparagraph of Article 4;3. The term "project operator" means any person ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 3 / Those Subject to Application | Article 3 (Those Subject to Application) This Act shall apply where any project operator acquires or uses any of the following land, goods and rights: <Amended on Aug. 27, 2019>1. Land and rights other than the ownership thereof;2. Standing trees, buildings and other fixtures on land, and rights other than the ownershi... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 4 / Public Works Project | Article 4 (Public Works Project) Any project for which land, etc. can be acquired or used under this Act shall be as follows: <Amended on Mar. 18, 2014; Dec. 29, 2015>1. Projects for national defense and military affairs;2. Projects for public interests by obtaining permission, authorization, approval, designation, etc... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 4-2 / Limitation on Special Cases for Expropriation and Use of Land | Article 4-2 (Limitation on Special Cases for Expropriation and Use of Land) (1) No project allowed to expropriate or use land, etc. under this Act shall be decided unless a project is in compliance with Article 4 or the statutes prescribed in the attached Table.(2) The attached Table shall not be amended by any other s... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 4-3 / Request for Improvement regarding Establishment of New Public Works Project | Article 4-3 (Request for Improvement regarding Establishment of New Public Works Project) (1) The Central Land Tribunal under Article 49 may request improvement or present an opinion to the head of a central administrative agency with regard to the establishment, alteration or abolition of a project under subparagraph ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 5 / Succession to Rights and Duties | Article 5 (Succession to Rights and Duties) (1) Any project operator's rights and duties under this Act shall be transferred to any person who has succeeded to the relevant project.(2) Any procedures taken and other acts done under this Act shall take effect on any successor to a project operator, landowner or relevant... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 6 / Methods of Calculating Terms | Article 6 (Methods of Calculating Terms) Methods of calculating any term in this Act shall be governed by the Civil Act, and matters necessary for giving notice and serving documents shall be prescribed by Presidential Decree.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 7 / Agents | Article 7 (Agents) Any project operator, landowner or relevant person may designate a lawyer or any other person as his or her agent when doing such acts as filing an application for project approval or application for adjudication, submitting written opinions.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 8 / Application for Issuance of Documents | Article 8 (Application for Issuance of Documents) (1) Any project operator may request the State or a local government to issue documents necessary for implementing a relevant public works project, as prescribed by Presidential Decree, and the State or a local government shall issue such documents.(2) The State or a lo... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 9 / Permission for Access to Prepare Project | Article 9 (Permission for Access to Prepare Project) (1) A project operator may conduct a survey or an investigation to prepare a public works project by accessing the land occupied by any other person.(2) When a project operator (excluding cases where a Special Self-Governing Province or a Si/Gun/autonomous Gu is a pr... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 10 / Notice of Access to Land | Article 10 (Notice of Access to Land) (1) Any person who intends to access the land occupied by any other person pursuant to Article 9 (2) shall notify a Special Self-Governing Province Governor or the head of a Si/Gun/Gu of such date and place by no later than five days prior to the scheduled date of such access.(2) W... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 11 / Land Occupants' Obligation to Acknowledge | Article 11 (Land Occupants' Obligation to Acknowledge) When a project operator accesses the land occupied by any other person to conduct a survey or an investigation after notifying the relevant land occupant thereof pursuant Article 10, no land occupant shall interfere with such acts without good cause.[This Article W... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 12 / Removal of Obstacles | Article 12 (Removal of Obstacles) (1) Where a project operator needs to remove obstacles or excavate land (hereinafter referred to as "removal, etc. of obstacles") for any unavoidable cause when conducting a survey or an investigation by accessing the land occupied by any other person pursuant to Article 9, he or she s... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 13 / Carrying Identification Cards | Article 13 (Carrying Identification Cards) (1) Any person who intends to access the land occupied by any other person with permission from a Special Self-Governing Province Governor or the head of a Si/Gun/Gu pursuant to the main clause of Article 9 (2) and a person who intends to remove obstacles pursuant to Article 1... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 14 / Preparation of Land Record Document and Object Record Document | Article 14 (Preparation of Land Record Document and Object Record Document) (1) When any project operator needs to acquire or use land, etc. through consultation before project approval is granted under Article 20 to implement the public works project, he or she shall prepare a land record document and object record do... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 15 / Perusal of Compensation Plans | Article 15 (Perusal of Compensation Plans) (1) When a project operator has prepared the land record document and object record documents pursuant to Article 14, he or she shall publicly announce a compensation plan containing the outline of a public works project, details of the land record document and object record d... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 16 / Consultation | Article 16 (Consultation) A project operator shall faithfully consult with landowners and relevant persons about compensation for land, etc., and matters necessary for holding consultation, such as procedures and methods therefor, shall be prescribed by Presidential Decree.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 17 / Conclusion of Contracts | Article 17 (Conclusion of Contracts) A project operator shall enter into contracts with landowners and relevant persons, when consultation under Article 16 has yielded any agreement.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 18 / null | Article 18 Deleted. <Oct. 17, 2007> |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 19 / Expropriation or Use of Land | Article 19 (Expropriation or Use of Land) (1) Any project operator may expropriate or use land, etc., as prescribed by this Act, if necessary for implementing the public works project.(2) No land, etc. expropriated or being used for the public works project shall be expropriated or used for other public works, unless i... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 20 / Project Approval | Article 20 (Project Approval) (1) When any project operator intends to expropriate or use land, etc. pursuant to Article 19, he or she shall obtain project approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>(2) Any person who intends to file... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 21 / Consultation and Hearing of Opinions | Article 21 (Consultation and Hearing of Opinions) (1) When the Minister of Land, Infrastructure and Transport intends to grant project approval, he or she shall consult the heads of related central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Gov... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 22 / Public Notice of Project Approval | Article 22 (Public Notice of Project Approval) (1) When the Minister of Land, Infrastructure and Transport has granted project approval under Article 20, he or she shall notify, without delay, the project operator, landowners, relevant persons and the related Mayor/Do Governor of the purport thereof, and publicly notif... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 23 / Invalidation of Project Approval | Article 23 (Invalidation of Project Approval) (1) Where any project operator fails to file an application for adjudication under Article 28 (1) within one year from the date a public notice of project approval under Article 22 (1) is given (hereinafter referred to as "public notice of project approval"), such project a... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 24 / Discontinuation and Alteration of Projects | Article 24 (Discontinuation and Alteration of Projects) (1) When it becomes unnecessary to fully or partially expropriate or use land, etc. since all or part of a project has been discontinued or altered after the project approval was publicly notified, the relevant project operator shall file a report thereon, without... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 24-2 / Completion of Projects | Article 24-2 (Completion of Projects) (1) Upon completing a project, the project operator shall, without delay, report the name or title of the project operator, type of the project, project area, date of the public notice on project approval, and the particulars of the land acquired to the Mayor/Do Governor having jur... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 25 / Conservation of Land | Article 25 (Conservation of Land) (1) Subsequent to a public notice of project approval, no one shall alter the form and quality of the land for which public notice has been given, which is likely to hamper the project, or damage or remove goods provided for in subparagraph 2 or 4 of Article 3.(2) Subsequent to a publi... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 26 / Application Mutatis Mutandis of Procedures, such as Consultation | Article 26 (Application Mutatis Mutandis of Procedures, such as Consultation) (1) Any project operator who has obtained project approval under Article 20 shall complete such procedures as the preparation of land record document and object record documents, the public announcement, notification and perusal of a compensa... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 27 / Rights to Investigate Land and Goods | Article 27 (Rights to Investigate Land and Goods) (1) Subsequent to a public notice of project approval, a project operator or an appraisal corporation, etc. requested to make an appraisal pursuant to Article 68 (referring to an appraiser or an appraisal corporation under the Act on Appraisal and Certified Appraisers; ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 28 / Application for Adjudication | Article 28 (Application for Adjudication) (1) When consultation held under Article 26 yields no agreement, or cannot be held (including cases where no request is made for consultation under the proviso of Article 26 (2)), a project operator may file an application for adjudication with the competent Land Tribunal, as p... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 29 / Verification of Agreements Yielded | Article 29 (Verification of Agreements Yielded) (1) When an agreement is yielded between a project operator, landowners and relevant persons after completion of the procedures under Article 26, the project operator may, as prescribed by Presidential Decree, file an application for verification of the yielded agreement ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 30 / Request for Filing Applications for Adjudication | Article 30 (Request for Filing Applications for Adjudication) (1) When consultation yields no agreement subsequent to a public notice of project approval, any landowner and relevant person may request in writing any project operator to file an application for adjudication, as prescribed by Presidential Decree.(2) Any p... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 31 / Perusal | Article 31 (Perusal) (1) The Central Land Tribunal or a local Land Tribunal under Article 49 (hereinafter referred to as "Land Tribunal") in receipt of an application for adjudication under Article 28 (1) shall make a public announcement thereof without delay, as prescribed by Presidential Decree, and make the copies o... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 32 / Examination | Article 32 (Examination) (1) Where the perusal period under Article 31 (1) has expired, the Land Tribunal shall investigate and examine the relevant application without delay.(2) Where deemed necessary to conduct an examination, the Land Tribunal may require the project operator, landowners and relevant persons appear ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 33 / Advice on Conciliation | Article 33 (Advice on Conciliation) (1) The Land Tribunal may have a subcommittee comprised of three members advise the project operator, landowners and relevant persons to seek conciliation, prior to rendering adjudication. In such cases, the subcommittee shall be comprised of such members as may be designated by the ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 34 / Adjudication | Article 34 (Adjudication) (1) Any adjudication of the Land Tribunal shall be made in writing.(2) Any written adjudication under paragraph (1) shall contain the text of a judicial decision, the reasons therefor and the date of adjudication, and the chairperson and members present at the meeting shall affix their names a... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 35 / Adjudication Period | Article 35 (Adjudication Period) The Land Tribunal shall render its adjudication within 14 days from the date the examination under Article 32 has been commenced: Provided, That such period may be extended only once by up to 14 days if extenuating circumstances exist.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 36 / Rectification of Adjudication | Article 36 (Rectification of Adjudication) (1) When it is evident that any error exists in calculations or entries, or any other error similar thereto exists in the adjudication, the Land Tribunal may, either ex officio or upon a request from the parties concerned, render a ruling of rectification.(2) Any ruling of rec... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 37 / Omission of Adjudication | Article 37 (Omission of Adjudication) Where the Land Tribunal has omitted its adjudication on a part of any application, the application for such omitted part shall remain pending in the relevant Land Tribunal.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 38 / Use of Land at Time of Acts of God | Article 38 (Use of Land at Time of Acts of God) (1) When it is necessary to urgently implement the public works project to maintain public safety due to an act of God or any other incident, any project operator may immediately use any other person's land with permission from a Special Self-Governing Province Governor o... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 39 / Permission for Land Use in Urgency | Article 39 (Permission for Land Use in Urgency) (1) When the Land Tribunal in receipt of an application for adjudication under Article 28 deems that it is impracticable to prevent a disaster or it is likely to substantially hamper public interests, if such adjudication were to be waited, it may receive an application f... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 40 / Payment or Deposit of Compensation | Article 40 (Payment or Deposit of Compensation) (1) Except for the cases of using land under Article 38 or 39, a project operator shall pay compensation adjudicated by the competent Land Tribunal by no later than the commencement date of expropriation or use (referring to the commencement date of expropriation or use d... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 41 / Compensation for Land Use in Need of Urgency | Article 41 (Compensation for Land Use in Need of Urgency) (1) Where any project operator intends to use land pursuant to Article 39, if any landowner or relevant person requests compensation before the Land Tribunal adjudicates thereon, the project operator shall pay the compensation computed by himself or herself to t... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 42 / Invalidation of Adjudication | Article 42 (Invalidation of Adjudication) (1) Where any project operator fails to pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use, the adjudication by the relevant Land Tribunal becomes void.(2) Any project operator shall compensate a landowner... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 43 / Transfer of Land or Goods | Article 43 (Transfer of Land or Goods) Any landowner or relevant person, or others persons holding the right to the land to be expropriated or used or fixtures thereon, who are not landowners or relevant persons, shall transfer the relevant land to the project operator or relocate goods by no later than the commencemen... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 44 / Vicarious Transfer or Relocation | Article 44 (Vicarious Transfer or Relocation) (1) A Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall vicariously transfer land or relocate goods upon a request from the project operator in any of the following cases:1. Where any person liable to transfer land or relocate goods is unable to do s... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 45 / Acquisition, Termination and Limit of Rights | Article 45 (Acquisition, Termination and Limit of Rights) (1) Any project operator shall acquire the ownership of land or goods on the commencement date of expropriation, and other rights to such land or goods shall be terminated simultaneously therewith.(2) Any project operator shall acquire a right to use land or goo... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 46 / Risk Bearing | Article 46 (Risk Bearing) Where any land or goods to be expropriated or used are demolished or damaged without any intention or negligence by the landowner or relevant persons after the Land Tribunal adjudicates thereon, any losses incurred thereby shall be borne by the project operator.[This Article Wholly Amended on ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 47 / Real Rights Granted by Way of Security and Compensation | Article 47 (Real Rights Granted by Way of Security and Compensation) Where the objects of any real right granted by way of security have been expropriated or used, the relevant real rights granted by way of security may be exercised on the compensation to be received by a debtor following the expropriation or use of th... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 48 / Obligation to Return and Reinstate | Article 48 (Obligation to Return and Reinstate) (1) When the period for using the land or goods has expired, or it becomes unnecessary to use such land or goods due to the discontinuation or alteration of a project or for other grounds, the project operator shall return the relevant land or goods without delay to the o... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 49 / Establishment | Article 49 (Establishment) To render adjudication on the expropriation and use of land, etc., the Central Land Tribunal shall be established under the Ministry of Land, Infrastructure and Transport, and a local Land Tribunal shall be established under the Special Metropolitan City, a Metropolitan City, Do or Special Se... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 50 / Matters to Be Adjudicated | Article 50 (Matters to Be Adjudicated) (1) Matters to be adjudicated by the Land Tribunal shall be as follows:1. Zones of land to be expropriated or used, and methods of use;2. Compensation for losses;3. Commencement date of expropriation or use, and the period thereof;4. Other matters prescribed by this Act and other ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 51 / Jurisdiction | Article 51 (Jurisdiction) (1) The Central Land Tribunal under Article 49 (hereinafter referred to as the "Central Land Tribunal") shall take charge of adjudication on the following projects:1. Projects, the operator of which is the State or a City/Do;2. Projects, the land to be expropriated or used for which extends ov... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 52 / Central Land Tribunal | Article 52 (Central Land Tribunal) (1) The Central Land Tribunal shall consist of not more than 20 members, including one Chairperson, and the members in the number prescribed by Presidential Decree from among its members shall be permanent.(2) The Minister of Land, Infrastructure and Transport shall be the Chairperson... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 53 / Local Land Tribunals | Article 53 (Local Land Tribunals) (1) A local Land Tribunal shall be composed of not more than 20 members, including one chairperson. <Amended on Jun. 1, 2012>(2) A Mayor/Do Governor shall serve as the chairperson of the competent local Land Tribunal, and if the chairperson is unable to perform his or her duties due to... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 54 / Grounds for Disqualification of Members | Article 54 (Grounds for Disqualification of Members) (1) None of the following persons may become a member of the Land Tribunal: <Amended on Dec. 29, 2015>1. A person under adult guardianship, a person under the limited guardianship, or persons declared bankrupt and not reinstated yet;2. A person for whom two years hav... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 55 / Term of Office | Article 55 (Term of Office) Each permanent member and commissioned member of the Land Tribunal shall hold office for a term of three years, respectively, and may be appointed consecutively for further terms. |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 56 / Guarantee of Status | Article 56 (Guarantee of Status) Except for cases where the relevant Land Tribunal deems by its resolution that any of the following grounds exist, no commissioned member shall be dismissed against his or her will during his or her service:1. When he or she is unable to perform his or her duties due to his or her physi... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 57 / Exclusion from, Challenge to and Refrainment by Members | Article 57 (Exclusion from, Challenge to and Refrainment by Members) (1) Any member of a Land Tribunal who falls under any of the following subparagraphs shall be prohibited from attending any meeting of the Land Tribunal:1. A project operator, landowner or relevant person;2. A spouse, relative or agent of the project ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 57-2 / Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions | Article 57-2 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) A member of the Land Tribunal who is not a public official shall be deemed a public official for purposes of applying penalty provisions pursuant to the Criminal Act or other Acts.[This Article Newly Inserted on Mar. 21, 2017] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 58 / Authority regarding Deliberation or Investigation | Article 58 (Authority regarding Deliberation or Investigation) (1) When deemed necessary for deliberation, the Land Tribunal may do any of the following acts: <Amended on Apr. 7, 2020>1. Requiring any project operator, landowner, relevant person or witness to attend the Land Tribunal and make a statement, or to request... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 59 / Allowances and Travel Expenses for Members | Article 59 (Allowances and Travel Expenses for Members) The Land Tribunal may reimburse its members for allowances and travel expenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where members who are public officials appear before the Land ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 60 / Detailed Rules for Operation | Article 60 (Detailed Rules for Operation) Matters necessary for the operation, etc. of the Land Tribunal shall be prescribed by Presidential Decree.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 60-2 / Establishment and Operation of Adjudication Information System | Article 60-2 (Establishment and Operation of Adjudication Information System) (1) The Minister of Land, Infrastructure and Transport may establish and operate the adjudication information system in consultation with a Mayor/Do Governor for efficiently adjudicating related to expropriation and use of land, and for syste... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 61 / Compensation by Project Operators | Article 61 (Compensation by Project Operators) A project operator shall compensate landowners or relevant persons for any loss incurred in the acquisition or use of the land, etc. required for the public works project.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 62 / Advance Compensation | Article 62 (Advance Compensation) Any project operator shall pay the full amount of compensation to landowners and relevant persons before commencing his or her works for the relevant public works project: Provided, That the same shall not apply where the land is used at the time of an act of God under Article 38, wher... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 63 / Compensation in Cash | Article 63 (Compensation in Cash) (1) Except as otherwise provided in other statutes, compensation for any loss shall be paid in cash: Provided, That where a project operator can compensation a landowner for losses with land in consideration of a reasonable land use plan and the project plan for the relevant public wor... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 64 / Compensation by Individual | Article 64 (Compensation by Individual) Any compensation for losses shall be provided individually to respective landowners or relevant persons: Provided, That the same shall not apply where it is impossible to compute compensation by individual.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 65 / Lump Sum Compensation | Article 65 (Lump Sum Compensation) Where there exist, within the same project area, several pieces of land, etc. under the same ownership but with the different compensation periods, the project operator shall make a lump sum payment of compensation, when the landowners or relevant persons request so.[This Article Whol... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 66 / Prohibition of Offsetting Losses by Gains Accruing from Project Implementation | Article 66 (Prohibition of Offsetting Losses by Gains Accruing from Project Implementation) Where any project operator acquires or uses part of a group of land that belongs to the same landowner, even if the price of the remaining land has increased or any gains have accrued due to the implementation of the relevant pu... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 67 / Point of Time for Price Compensation | Article 67 (Point of Time for Price Compensation) (1) The computation of compensation shall be based on the price at the time of yielding an agreement where consultation is held, and the price at the time of adjudicating on the expropriation or use where such adjudication is rendered.(2) Where the price of land, etc. f... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 68 / Computation of Compensation | Article 68 (Computation of Compensation) (1) Where any project operator intends to compute compensation for land, etc., he or she shall select three persons among appraisal corporations, etc. (where both the Mayor/Do Governor and a landowner fail to recommend an appraisal corporation, etc., or either the Mayor/Do Gover... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 69 / Issuance of Compensation Bonds | Article 69 (Issuance of Compensation Bonds) (1) Where the State pays compensation with bonds pursuant to Article 63 (7) to compensate landowners and relevant persons for any loss incurred in the acquisition or use of land, etc. for road construction under the Road Act, industrial complex development projects under the ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 70 / Compensation for Land to Be Acquired | Article 70 (Compensation for Land to Be Acquired) (1) With respect to any land acquired through consultation or adjudication, compensation shall be provided based upon the officially assessed land prices under the Act on the Public Announcement of Real Estate Values, but such compensation shall be provided at a reasona... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 71 / Compensation for Land to Be Used | Article 71 (Compensation for Land to Be Used) (1) With respect to any land to be used through consultation or adjudication, compensation shall be provided at a reasonable price assessed by considering land rents, lease rents, methods of use, period of use, prices, etc. of such land and adjacent similar land.(2) Detaile... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 72 / Request for Purchase of Land to be Used | Article 72 (Request for Purchase of Land to be Used) In any of the following cases after a public notice of project approval, the owner of relevant land may either request the project operator to purchase his or her land, or request the competent Land Tribunal to expropriate his or her land. In such cases, a relevant p... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 73 / Compensation for Losses of Remaining Land and Construction Costs | Article 73 (Compensation for Losses of Remaining Land and Construction Costs) (1) Where the price of remaining land is reduced or other losses are incurred due to the acquisition or use of any part of a group of land belonging to the same landowner, or where it is necessary to install a new passage, ditch, fence, etc. ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 74 / Request for Purchase and Expropriation of Remaining Land | Article 74 (Request for Purchase and Expropriation of Remaining Land) (1) Where it is substantially impracticable to use the remaining land for its original purposes because part of a group of land belonging to the same landowner is purchased or expropriated through consultation, the relevant landowner may request the ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 75 / Compensation for Goods, such as Buildings | Article 75 (Compensation for Goods, such as Buildings) (1) For buildings, standing trees, structures and other fixtures on any land (hereinafter referred to as "buildings, etc."), compensation shall be provided in the amount of costs necessary for relocating them (hereinafter referred to as "relocation costs"): Provide... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 75-2 / Compensation for Losses of Remaining Buildings | Article 75-2 (Compensation for Losses of Remaining Buildings) (1) Where the price of any remaining building is reduced or any other losses are incurred because any part of a group of the buildings possessed by the same owner is acquired or used, the project operator shall provide compensation for such losses, as prescr... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 76 / Compensation for Rights | Article 76 (Compensation for Rights) (1) Compensation for mining rights, fishing rights, aquaculture business rights, and rights to use water (including water facilities), etc. shall be provided at a reasonable price assessed by considering the investment costs, expected gains, transaction prices, etc. <Amended on Aug.... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 77 / Compensation for Business Losses | Article 77 (Compensation for Business Losses) (1) Compensation for any business loss incurred in the disclosure or suspension of business shall be provided by considering the business profits, transfer expenses for facilities, etc. <Amended on Jun. 9, 2020>(2) Compensation for farm losses shall be provided to an actual... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 78 / Establishment of Relocation Measures | Article 78 (Establishment of Relocation Measures) (1) Any project operator shall either establish and take relocation measures or pay resettlement subsidies, as prescribed by Presidential Decree, for persons who are deprived of their base of livelihood by providing their residential building due to the implementation o... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 78-2 / Establishment of Relocation Measures for Factories | Article 78-2 (Establishment of Relocation Measures for Factories) Where a person who becomes unable to operate his or her factory (referring to a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act) in the relevant area any longer because the factory site is tra... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 79 / Compensation for Costs for other Land | Article 79 (Compensation for Costs for other Land) (1) Where any project operator requires the installation of new passages, ditches, fences, etc. or other works projects on the land other than the land acquired and used due to the implementation of public works (including the remaining land), he or she shall provide c... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 80 / Consultations and Adjudication on Compensation for Losses | Article 80 (Consultations and Adjudication on Compensation for Losses) (1) Compensation for costs or losses, or acquisition of land under Article 79 (1) and (2) shall be determined through consultations between a project operator and person who has suffered such losses.(2) When the consultations under paragraph (1) yie... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 81 / Entrustment of Compensation Affairs | Article 81 (Entrustment of Compensation Affairs) (1) Any project operator may entrust any of the following institutions with the affairs concerning compensation or relocation measures:1. A local government;2. Institutions prescribed by Presidential Decree which are public institutions under Article 4 of the Act on the ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 82 / Compensation Council | Article 82 (Compensation Council) (1) The head of a competent local government wherein a public works project is implemented may, if deemed necessary, establish a compensation council to consult the following matters: Provided, That where a public works project exceeding the scale prescribed by Presidential Decree are ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 83 / Filing Objections | Article 83 (Filing Objections) (1) Any person dissatisfied with adjudication rendered by the Central Land Tribunal under Article 34 may file an objection to said Land Tribunal.(2) Any person dissatisfied with adjudication rendered by the local Land Tribunal under Article 34 may file an objection to the Central Land Tri... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 84 / Adjudication on Filing Objections | Article 84 (Adjudication on Filing Objections) (1) The Central Land Tribunal in receipt of an objection filed under Article 83 may either revoke all or part of such adjudication, or alter an amount of compensation if it deems that adjudication under Article 34 is illegal or unjustifiable.(2) Where compensation has been... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 85 / Institution of Administrative Litigation | Article 85 (Institution of Administrative Litigation) (1) When any project operator, landowner or relevant person is dissatisfied with adjudication under Article 34, he or she may institute an administrative litigation within 90 days from the day he or she receives a written adjudication and within 60 days from the day... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 86 / Effect of Adjudication on Objections | Article 86 (Effect of Adjudication on Objections) (1) When the adjudication on any objection has been determined due to an absence of institution of any litigation within the period fixed under Article 85 (1) or for other grounds, a final and conclusive judgment under the Civil Procedure Act shall be deemed rendered, a... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 87 / Additional Payments Applying Statutory Interest Rates | Article 87 (Additional Payments Applying Statutory Interest Rates) Where the administrative litigation instituted by any project operator under Article 85 (1) has been rejected, dismissed, or withdrawn, such project operator shall pay, in addition to compensation, the amount computed by applying the statutory interest ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 88 / Non-Suspension of Effect of Disposition | Article 88 (Non-Suspension of Effect of Disposition) Filing of an objection under Article 83 or institution of an administrative litigation under Article 85 shall not suspend the progress of a project or the expropriation or use of land.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 89 / Vicarious Execution | Article 89 (Vicarious Execution) (1) Where any person liable to perform an obligation under this Act or any disposition taken thereunder fails to perform the obligation, or faces any difficulty in completing such obligation within the fixed period, or where there exist any grounds for deeming that requiring him or her ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 90 / Compulsory Collection | Article 90 (Compulsory Collection) Where any obligator under Article 44 (2) fails to pay any costs, a Special Self-Governing Province Governor and the head of a Si/Gun/Gu may collect such costs in the same manner as the delinquent local taxes are collected.[This Article Wholly Amended on Aug. 4, 2011] |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 91 / Repurchase Rights | Article 91 (Repurchase Rights) (1) Where all or part of the land acquired becomes unnecessary due to the discontinuance or change of a public works project or on other grounds, the landowner as of the date the land has been acquired through consultation or the date the expropriation thereof has commenced (hereafter in ... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 92 / Notice of Repurchase Rights | Article 92 (Notice of Repurchase Rights) (1) When any land needs to be repurchased under Article 91 (1) and (2), the project operator shall notify the repurchase right holder thereof without delay: Provided, That when the project operator is unable to identify who the repurchase right holder is, without any negligence,... |
ACT ON ACQUISITION OF AND COMPENSATION FOR LAND FOR PUBLIC WORKS PROJECTS / Article. 93 / Penalty Provisions | Article 93 (Penalty Provisions) (1) Any person who receives compensation by false or other illegal means, or any person who knowingly pays such compensation shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 30 million won.(2) Any person who attempts to commit a crime prov... |
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