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, by prescribing matters for the indemnification of any loss incurred by the acquisition or use of land, etc. required for the public works through consultations or expropriation. "Public works" means projects for national defence, for public interest (railroads, airports, etc.), for schools, museums, office buildings, etc. (art. 4). When any project operator intends to make a measurement or investigate in order to prepare for the public works by gaining access to the land occupied by another person, he or she shall obtain a permission from the head of Si/Gun/Gu by fixing the type of works, district of the land intended for gaining access, and the period (Chapter II). Chapter III deals with matters related to the acquisition or use of the land, etc. under consultations prior to a project approval. Any project operator may expropriate or use the land, etc. when it is necessary for implementing the public works after obtaining a project approval of the Minister of Construction and Transportation (arts. 19 to 39). Articles 40 to 48 deal with matters related to payment of indemnity for expropriation, for land use in need of urgency, etc. In order to render an adjudication on the expropriation and use of the land, etc., the Central Land Expropriation Committee shall be established under the Ministry of Construction and Transportation (Chapter V). Chapter VI establishes the principles of indemnification for losses and types and standards of loss indemnity. In case where the acquired lands become unnecessary due to a discontinuation or alteration of the relevant project within 10 years from the day the land has been acquired, the landowner at the time of acquisition date may repurchase such land by paying to the project operator the amount equivalent to the indemnity paid for such land (Chapter VIII). The remaining part of the Act contains penal provisions and provisions of miscellaneous nature.
Implemented by: Enforcement Decree of the Act on Acquisition of and Compensation for Land for Public Works Projects. (2016-01-22)
Implemented by: Enforcement Rules of the Act on Acquisition of and Compensation for Land for Public Works Projects. (2007-04-12)
Auteurs et éditeurs
An independent kingdom for much of its long history, Korea was occupied by Japan beginning in 1905 following the Russo-Japanese War. In 1910, Tokyo formally annexed the entire Peninsula. Korea regained its independence following Japan's surrender to the US in 1945. After World War II, a democratic-based government (Republic of Korea, ROK) was set up in the southern half of the Korean Peninsula while a communist-style government was installed in the north (Democratic People's Republic of Korea, DPRK).
Fournisseur de données
The FAO Legal Office provides in-house counsel in accordance with the Basic Texts of the Organization, gives legal advisory services to FAO members, assists in the formulation of