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A Study on the Payment of Compensation and Deposit in Court in View of Enhancing the Effectiveness of Official Purposed Expropriation

  • Korea Real Estate Review
  • 2006, 16(2), pp.109-138
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

임호정 1

1가람감정평가법인

Candidate

ABSTRACT

The implementing body of public projects has to either pay directly the compensation for expropriated land, determined by the Land Expropriation Commission to the land owner, or officially deposit commensurate amount as guarantee in court, thus enabling maximum effectiveness of the land expropriation. If failed to pay the said compensation amount in due course, it is preferably stipulated to deposit the commensurate amount in court, to ensure avoidance of delaying smooth Implementation. Law on Land Acquisition and Compensation for Public Project merely describes the outline of payment or deposit in court, but fails to suffice deep-rooted detailed contents. In the long run, it often bring about a huge barrier to the successful implementation of public projects, due to disputed deposit through such as miscalculated amount of compensation and the conditional and controversial submission of documents including certification of Seal Impression, etc. The expropriated body consequently used to acknowledge the receipt of a compensation, since they misunderstood that the compensation once petitioned to court or appealed to administrative judgement would definitely escape from further legal dispute. In view of these, it is requested to review once for all the pending payment of compensation amount and official deposit in court, through focussing on the prevalent court judgement practices and other precedents concerning court deposit announced by the Office of Court Administration, so as to eliminate such wrong-doings and mistakes.

Citation status

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