地籍測量業務 管轄에 대한 憲法訴願審判請求事件 = The Constitutional Complaint in Connection with the Jurisdiction of Cadastral Surveying Business

다국어 초록 (Multilingual Abstract)

The cadastral law was reformed and taken effect on the 1st of January 2004. As a result, the cadastral surveying system which has been monopolistically performed by Korea Cadastral Survey Corporation(hereinafter referred as to “KCSC”) for about 30 years was unavoidablly changed. In other words, any agencies which has qualification for cadastral surveying are able to carry it out since reformation of law.However, some surveying agencies are still discontented with the reformed provision because their sphere of activity is limited. While KCSC can do that without any limitation, they should survey in the area in which a boundary coordinate register has already been established. Therefore, some surveying corporations are insisting that it is an invasion of constitutional rights(especially, an equal right and freedom of choice of occupation).It involves consideration from legal aspect and this paper aims to examine a matter closely. For this, we deals with the legal position of cadastral surveying corporation and organization and inquires into primary issue of law.Most of all, the articles and clauses which will be intensively reviewed in this study is the Cadastral Law §41-3; Cadastral surveying agencies can be in charge of the following cadastral surveys; (1) The cadastral survey in the area which a boundary coordinate register has already been established. (2) cadastral determinate survey which is implemented to enter the boundary points in the boundary coordinate register after the land development.

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