The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. Article 78(1) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Public Works Act”) provides that “A project operator shall either establish and implement relocation measures or pay resettlement funds as prescribed by the Presidential Decree for persons who are deprived of their base of livelihood due to the implementation of public works (hereinafter “persons subject to relocation measures”), and Article 40(2) of the former Enforcement Decree of the Public Works Act (amended by the Presidential Decree No. 2072 of Feb. 29, 2008; hereinafter the same shall apply) provides that “Where a person who wishes to move among those subject to relocation measures reaches or exceeds 10 houses, the project operator shall be deemed to have supplied housing sites or houses (including cases in which a project operator supplied housing sites or houses through good offices) pursuant to the Housing Site Development Promotion Act or the Housing Act, and Article 78(4) of the former Enforcement Decree of the former Public Works Act provides that “the relocation facilities shall be included in the local area.”

Comprehensively taking account of the above provisions, the supply of housing sites or houses (hereinafter “special supply”) by the project implementer to persons subject to the relocation measures under the relevant statutes, such as the Housing Site Development Promotion Act or the Housing Act, pursuant to the proviso to Article 40(2) of the former Enforcement Decree of the Public Works Act is also a method of taking the relocation measures that the project implementer can choose based on the delegation under Article 78(1)