지적불부합지정리를 위한 법률의 제정에 관한 연구

Abstract

This study aimed at the preparation of the system of the legislation and the general direction for the solution of cadastral non-corresponding parcels in Korea through the reflection of the changed external environment and the solution of fundamental cadastral problems. In order to achieve the research objective, the preceding researches of the relevant laws, that is, cadastral resurvey project bill(1996), special cadastral resurvey project bill(2005) and the special land survey bill(2006) were investigated and for the contents which is necessary to build up the bill, foreign relevant laws of cadastral resurvey project from Japan, Taiwan, France and Germany were investigated. The research method reflected the reports which were related to cadastral resurvey project or cadastral non-corresponding parcels, the literature investigation of casebook and data from a public hearing. Lastly field trip and opinion listening from Digital cadastre establishment example areas and consultation of experts were collected. The general direction of legislation set as the establishment of legal basis of cadastral non corresponding parcels arrangement simultaneously, the preparation of the conversion into the future cadastral system and legal rationalization of cadastral system on a large scale. In order to propel the cadastral non-correspondence arrangement project efficiently Ministry of Land, Transport and Maritime Affairs and municipalities establish a commission and the plan regarding the propulsion of this project was established through the discussion. When cadastral authorities designated an project district the executive plan should be established. Commission guides the boundary and liquidation of property. The boundary of cadastral non-correspondence parcels should be determined by application or its force of cadastral authority. On the basis of the cadastral books the change of the boundary or the increase of the area would be minimized. In this case the national funds would be used for it. Cadastral survey would be performed by World geodetic system for cadastral non-correspondence parcels and after this project the existed cadastral books would be closed. When new cadastral book would be written out, the location of the building would be marked in cadastral book. And matters about drawing up & management of cadastral book regulated in current ‘Law on the Geodetic, and the hydrographical survey & cadastre’ would be coordinated. Finally the law on the cadastral system would be unified.