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Public surveying

Public surveying
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Public surveying
1. The term "public survey" means a survey executed by the State, local governments, and other institutions prescribed by Presidential Decree based on a fundamental survey in order to implement other projects, etc. under relevant Acts and subordinate statutes, and a survey closely related to the public interest or safety and are prescribed by Presidential Decree, among the surveys executed by any person, other than those mentioned earlier.
2. Provided, That any survey designated by the Minister of Land, Transport and Maritime Affairs shall be excluded herefrom, as prescribed by Presidential Decree.
3. Excerpts from the legal provisions related to public surveys
Act on Land Survey, Waterway Survey and Cadastral Records
Article 1 (Purpose)
The purpose of this Act is to contribute to the efficient management of national land and the protection of ownership by people, by prescribing matters concerning standards and procedures for public surveys.
Article 2 (1) (Surveys)
The term "survey" means the indication, by drawing and in numbers, of the results of a measurement of the position of points located in space, and an investigation of its characteristics, or the reproduction of the said location indicated by drawing of the actual locale concerned, including taking photographs for the purpose of survey, making maps, and preparing drawings requested in various construction business.
Article 2 (2) (Fundamental Surveys)
The term "fundamental survey" means a survey executed by the Minister of Land, Transport and Maritime Affairs in order to provide information on space that serves as the basis for all kinds of surveys.
Article 2 (3) (Public Surveys)
The term "public survey" means a survey executed by the State, local governments, and other institutions prescribed by Presidential Decree based on the fundamental survey in order to implement other projects, etc. under relevant Acts and subordinate statutes, and a survey closely related to the public interest or safety, among the surveys executed by any person, other than those mentioned earlier: Provided, That surveys designated by the Minister of Land, Transport and Maritime Affairs shall be excluded herefrom, as prescribed by Presidential Decree.
Article 17 (1) (Standard of Public Surveys)
Public surveys shall be executed on the basis of the results of fundamental surveys or of other public surveys.
Article 17 (2) (Submission of Working Plans for Public Surveys)
A public surveyor who intends to perform a public survey shall, in advance, submit a working plan for a public survey to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(Delegated to the President of the National Geographic Information Institute pursuant to Article 103 (1) 19 of the Enforcement Decree of the Act on Land Survey, Waterway Survey and Cadastral Records)

- Article 21 of the Enforcement Rules of the Act on Land Survey, Waterway Survey and Cadastral Records: The regulations for public survey works shall be publicly announced by the President of the National Geographic Information Institute.
Article 17 (3) (Request for Submission of Long-Term Plans or Annual Plans for Public Surveys)
Where the Minister of Land, Transport and Maritime Affairs finds it necessary, for the purpose of increasing the accuracy of public surveys or avoiding possible duplication of public surveys, he/she may request a public surveyor to submit long-term plans or annual plans for public surveys.
(Delegated to the President of the National Geographic Information Institute pursuant to Article 103 (1) 20 of the Enforcement Decree)
Article 17 (4) (Review and Notification of Plans for Public Surveys)
The Minister of Land, Transport and Maritime Affairs shall review the appropriateness of the plans submitted under paragraph (2) or (3), and notify the public surveyor of the results thereof.
(Delegated to the President of the National Geographic Information Institute pursuant to Article 103 (1) 21 of the Enforcement Decree)
Article 18 (1) (Submission of Copies of Public Survey Results)
Where a public surveyor has obtained public survey results, he/she shall immediately submit a copy of such results to the Minister of Land, Transport and Maritime Affairs.
(Entrusted to the Korean Association of Surveying and Mapping pursuant to Article 104 (1) 2 of the Enforcement Decree)
Article 18 (3) (Examination of Public Survey Results)
Upon receipt of a copy of the public survey results under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall immediately examine the details thereof and notify the relevant public surveyor of the results thereof.
(Entrusted to the Korean Association of Surveying and Mapping pursuant to Article 104 (1) 2 of the Enforcement Decree)

- Article 22 of the Enforcement Rules: The regulation on examination of public survey results shall be publicly announced by the President of the National Geographic Information Institute.
Article 19 (Keeping and Perusal of Public Survey Results)
① The President of the National Geographic Information Institute and a public surveyor shall keep the results and the records of public surveys, or copies thereof, and shall make them available for public perusal.

② A person who intends to reproduce or obtain copies of the results or the records of public surveys shall apply for the reproduction or issuance thereof to the President of the National Geographic Information Institute (where he/she keeps them because the relevant surveyor cannot do so) or to a public surveyor.
Subparagraph 3 (b) of Article 2 of the Act and Article 3 of the Enforcement Decree (Surveys Corresponding to Public Surveys)

① Surveys publicly announced by the Minister of Land, Transport and Maritime Affairs, which are closely related to the public interest or safety, among the surveys executed by any person, other than the State, local governments, or other institutions prescribed by Presidential Decree.

② Provisions concerning public surveys shall apply mutatis mutandis to surveys designated in accordance with paragraph (1).

Article 39 (Survey Technicians)

No person, other than a survey technician, shall be allowed to conduct a public survey. (Article 31 of the Enforcement Decree: Survey technicians shall sign and affix seals on the survey publication prepared by them.)

Article 104 of the Enforcement Decree (Entrustment, etc. of Authority) To entrust the authority of the Minister of Land, Transport and Maritime Affairs to the Korean Association of Surveying and Mapping, etc.
Examination of public survey results pursuant to Article 18 (3) of the Act
-Framework Act on the Construction
Article 40 of the Framework Act on the Construction Industry and Article 35 (2) of the Enforcement Decree of the same Act (Assignment of Survey Technicians to Fields)
At least one construction engineer (in the fields of surveying and geospatial information) shall be assigned to a construction field and, where the scale of anticipated construction project cost is less than KRW3 billion, any of the following persons shall be assigned thereto:

-Industrial engineers or engineers with higher rank (At least three years of experience)
-Mid-level engineers or higher
-Elementary-level engineers (At least three years of experience)