지적 법제의 정합성에 관한 연구 : 공간정보관리법과 지적재조사법을 중심으로

공간정보관리법과 지적재조사법의 정합성 및 입법 개선을 검토한다.

The purpose of this study is to improve the coherence of the two legislations and to propose legislative amendments for the development of the spatial information industry by comparing and reviewing the cadastre related legislation(ACT ON MANAGEMENT OF SPATIAL DATA and ACT ON CADASTRAL RESURVEY). As a research method, the following three steps of researches were carried out sequentially using a comparative legal review method. 1. Legal theoretical consideration of cadastre First, in the cadastral examination of legal theories of cadastre, the justification of the cadastral resurvey project was derived, and the legal nature of the cadastral resurvey project was grasped.

As a result, in the promotion of cadastral resurvey project, it is necessary to delete legal regulations of obligation to notify when there is dissatisfaction with adjustment of agency to judge adjustment amount or when it disobeys contents decided by decision committee of border. And, It has been investigated that there is not yet a legal provision for the dis-inclusion, avoidance, avoidance of members of the committee.

In the legal system of cadastre in the developed countries, it was examined the cadastral resurvey project of Japan, the cadastral mapping project of Taiwan, and the cadastral information renewal project in France and searched for the possibility of applying the results to the cadastral legal system in Korea. In particular, through the case of Japan, there has been found a way to improve the legal absence of the land management plan that has not been bounded on Korean legal system in cadastre. In the case of Taiwan, it has been found that there is a merit of suitability that the land use status is well reflected as land use purpose is classified and registered.

In addition, it has been found that the landowners set up a temporary landmark marking the boundary point in accordance with the implementation of the cadastral resurvey project, thereby actively cooperating with the cadastral resurvey project. In the case of France, in order to improve the vastness of the cadastral information, the computerization of cadastral information was carried out through the cadastral information renewal project. It is understood that the French cadastre is different from the cadastral resurvey projects in Korea due to the differences in the system of personality and cadastral system. 2.

Comparative and legal review of the ACT ON MANAGEMENT OF SPATIAL DATA and ACT ON CADASTRAL RESURVEY. Through the comparison and legal review of the ACT ON MANAGEMENT OF SPATIAL DATA and ACT ON CADASTRAL RESURVEY, different parts were found, the results are as follows. First, during the past six years, problems have been identified that are not making good use of outcomes created by cadastral resurvey projects. Also, due to the confusion of the cadastral records of cadastral legislation, there is a problem of inconsistency between the dual management and registration matters.

Also, due to the confusion of cadastral records between the cadastral laws, there is a problem of inconsistency between the registration matters and dual management. In order to improve the absence of such a consistency, it is necessary to distinguish the terms of the comprehensive records of real estate between the two legislations, to provide the information of the land status survey for diversification of registration information for the cadastral study. And a method to utilize the ground boundary point register as a cadastral records was suggested. Second, the most important of the boundary setting in ACT ON CADASTRAL RESURVEY is reality boundary.

This is intended to modify the irrational boundaries of cadastral map according to existing ACT ON MANAGEMENT OF SPATIAL DATA to fit the boundaries of reality. But the land boundary setting criteria of the two laws were different. Third, according to the current ACT ON MANAGEMENT OF SPATIAL DATA and ACT ON CADASTRAL RESURVEY, there is no definition and no treatment method of unconfirmed land. Therefore, legal supplement is necessary. In addition, the legal nature of the adjustment amount, which is a legal issue in accordance with the ACT ON CADASTRAL RESURVEY, can be viewed on the basis of the public collection fee. The imposition of tax on this is not reasonable.

but, in accordance with the principle of tax law, it is proposed that the legal provisions on exemption of the adjustment amount due to the cadastral resurvey project be clarified legally through amendment of laws in the future. Fourth, since cadastral survey and cadastral resurvey have different discretion ranges, so they can not effectively achieve the legislative purpose of cadastre related legislation. In particular, it suggested that the scope of discretion on the cadastral survey results should be unified, since serious problems may arise in protecting the property rights for the people.

Fifth, as an administrative remedy for the legal system in cadastre, the ACT ON MANAGEMENT OF SPATIAL DATA recognizes the priest of cadastral surveying. However, the ACT ON CADASTRAL RESURVEY recognized the remedies of rights through objections and administrative litigation. The people are not able to receive relief through administrative lawsuit against the illegality and unfairness of cadastral surveying, because the act of applying the regulations to the cadastral survey results is not recognized. Only remedies through the system of judging the suitability and nonconformity of cadastral surveying are recognized.

It has been proposed that the ACT ON MANAGEMENT OF SPATIAL DATA should be amended in order to expand the function of the current cadastral committee in order to be recognized as a legal remedy for dissatisfaction with the result of examination of the suitability or nonconformity of cadastral survey results. 3. Legislation improvement plan The legislative improvement plan was suggested, based on the research of the foreign legal system of cadastre and problems in