Illegal activities aiming to receive compensation should be prevented and cracked down on in accordance with Guideline for the Management of Proposed District after the announcement or notice of plan for public works and their implementation(Measures to Prevent Speculation for Compensation (Nov. 2009)).
(1) Strengthening the Criteria to Establish Living Support Measures Specification of residence requirement for those subject to supply of land for living support supply : Residence requirement should be specified for industries with the characteristics that require residence in that area including farmers like those growing vegetable with facilities, rancher, and those in flowering business.
Strengthening the requirement for facility held by rancher: The area of facility should be specified in case where a rancher is not subject to livestock industry registration in accordance with Livestock Industry Act or a rancher is not registered(facility on area of wider than 200㎡ including livestock breeding facilities and playground). Eligible facility held by apiarist is limited to fixed apiary(50 group of bees).
Elimination of any new businessmen after the base date by clarifying the starting date of business: Business start date is confirmed with the application date for business registration. If there is no business registration certificate or actual business started before the date written on business registration certificate or the place where business started is different from the relevant district, objective evidence including sales record and contract on lease replace business registration certificate.
(2) Strengthening the Monitoring on Speculation
Reward system for landowners, etc. who report speculation should be run and the system to designate local landowners, etc. as honorary squad to crack down on speculation should be implemented.
(3) Making Management of Project District through Expert Security Agency Mandatory
Using security service by expert agency should be mandatory for project districts where speculation is active or concerns over speculation is high including district
for new city or Bogeumjari (public rental) housing district.
(4) Installation of Image Information Processing Equipment
Image information processing equipment(CCTV or network camera) should be installed in major corner of the district and in the area where speculation for compensation is expected when public announcement on proposed area is made.
(5) Installation of Bulletin Board to Limit Activities
Standing signboard should be installed in major corner for the management of proposed district to prevent speculation for compensation asking for cooperation at the presentation in front of landowners, etc. and representative meeting.
4. Basic Survey to Prepare for Project Approval
If the acquisition of land required to execute public works is not possible through consultation, the land should be acquired following the procedure for land expropriation. The first step in the expropriation procedures is project approval. Project approval is administrative activity to give land expropriation authority to project operator by taking a series of steps stipulated in applicable laws. In preparation for this, cadastral map should be issued or current state map(aerial photo) should be created.
(1) Issuance of Cadastral Map
One should visit relevant office(city, county, district) that governs the land to get cadastral serial map and cadastral map(line) including the whole project district. For the area where computerization of cadastral map is completed, survey
should be conducted not to miss the land lot number included in project district through electronic file of cadastral map(drawing). If necessary, one can indicate the outline of project district to ask the creation of comprehensive cadastral map(copy of cadastral map) to Korea Cadastral Corporation. Instruction and supervision are required not to miss the land lot on cadastral map(forest land map) made on a scale of 1 to 1200 and not to make a mistake regarding scale upon creating new map based on forest land map.
(2) Issuance of Register including Land Register
Land register and a certified copy of the register regarding the land to be included should be issued. Location, lot number, land category, area, landowner and relevant people should be confirmed by looking at land register. Through these documents, land use constraints under public act including the purpose of the land should be checked.
(3) Creation of Current State Map and Aerial Photo
To create current state map of project district, one can ask the production of the map to Korea Cadastral Corporation or ask company which can create the map along with aerial photo. Current state map is usually the cadastral current status map which shows cadastral records. It is useful to receive output as well as soft copy of the drawing to modify record and print drawing continuously in the future.
(4) Writing Protocol of Land and Goods Necessary for the Application for Business Approval
Protocol of land and goods should be created based on contents in public data including cadastral record and register(location of land, lot number, land
category, area, landowner and relevant people) as application for business approval comes before compensation work. Protocol of land for business approval cannot be used for compensation work as detailed information including current state of land use necessary for compensation work is not sufficient. Protocol of land and goods necessary for compensation after identifying detailed information by conducting on-site survey when business approval is obtained.
Details of the land required for public works are announced along with notification of project approval in official gazette. Details of goods, however, don't need to be announced. Project approval does not take effect if announced lot number is incorrect or announced land area is smaller than that to be acquired regarding announcement for the land does not exist. Therefore it is important to conduct a survey property and write correct information.
(5) State/Public Land to be Acquired for Free or at Cost
State/public land included in project district is classified by acquisition type.
State/public land to be acquired at cost should be obtained in accordance with Land Compensation Act as private land. State/public land to be acquired for free is mostly land for public facility like road. In this case, the land for public facility is transferred from project operator to the nation and local government for free after installing public facilities and existing public facility belong to project operator.
State/public land subject to reversion for free can be identified correctly with survey on the current state of land use. If there is not sufficient survey information on the site, it is determined whether the land was acquired for free or at cost referencing the details of cadastral record of state/public land. The land to be given for free is confirmed not in the stage of land development planning but in the process of approval for detailed(district) planning. Therefore, current state
should be surveyed later to reflect the actual state that can be announced in notice of change in business approval.
(6) Confirmation of Land on the Boundary of Project District
Partial measurement can be conducted on the land to be included partially in project district, which is located in the boundary of district, after getting business approval. Before project approval, the area to be included should be confirmed by conducting cadastral measurement. After getting project approval, the area should be finally confirmed by partial measurement based on outcome of current state measurement.
chapter 3
Basic Survey
C ｜ H ｜ A ｜ P ｜ T ｜ E ｜ R ｜ 0 3
Basic Survey
1. Preparation
Project operator should conduct in-depth survey on the current state of land, those who have the right to the land and goods on the land located in proposed district. This survey becomes the basis for valuation, consultation compensation and land expropriation. Therefore acquisition procedure can be delayed with civil complaints and insincere consultation in the process of land expropriation.