@article{ART001060207},
author={Kim, Sang Seol and Park,Chang-Soo},
title={Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage},
journal={Korea Real Estate Review},
issn={2092-5395},
year={2007},
volume={17},
number={1},
pages={137-154}
TY - JOUR
AU - Kim, Sang Seol
AU - Park,Chang-Soo
TI - Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage
JO - Korea Real Estate Review
PY - 2007
VL - 17
IS - 1
PB - korea real estate research institute
SP - 137
EP - 154
SN - 2092-5395
AB - There has been long controversial whether 'the principle of prohibition of changing disadvantage'(PPCD), which mainly discussed in the code of legal procedure, could be applicable to administrative trials.
Theory confrontation among scholars was very heavy because there were no rules on the applicability of PPCD in the old petition law, whereas rules on administrative trials clearly defined that the PPCD was applicable to administrative trials.
The application of PPCD in the system of compensation for a loss, unlike in civil suit and criminal suit, beared particulatity and confusion in related laws. In this paper, what to keep in mind in applying PPCD to compensation for a loss were discussed.
Especially, it was argued that the scope of application of the PPCD and the matters that kept in mind in applying the PPCD should be precisely understood at each step of compensation for a loss because, in the system of compensation for a loss , the protection of personal interests which was the intent of the PPCD collided with the principle of compensation at this point of time.
KW - administrative trials;compensation for a loss;expropriation decision;the principle of prohibition of changing disadvantage
DO -
UR -
ER -
Kim, Sang Seol and Park,Chang-Soo. (2007). Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage. Korea Real Estate Review, 17(1), 137-154.
Kim, Sang Seol and Park,Chang-Soo. 2007, "Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage", Korea Real Estate Review, vol.17, no.1 pp.137-154.
Kim, Sang Seol, Park,Chang-Soo "Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage" Korea Real Estate Review 17.1 pp.137-154 (2007) : 137.
Kim, Sang Seol, Park,Chang-Soo. Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage. 2007; 17(1), 137-154.
Kim, Sang Seol and Park,Chang-Soo. "Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage" Korea Real Estate Review 17, no.1 (2007) : 137-154.
Kim, Sang Seol; Park,Chang-Soo. Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage. Korea Real Estate Review, 17(1), 137-154.
Kim, Sang Seol; Park,Chang-Soo. Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage. Korea Real Estate Review. 2007; 17(1) 137-154.
Kim, Sang Seol, Park,Chang-Soo. Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage. 2007; 17(1), 137-154.
Kim, Sang Seol and Park,Chang-Soo. "Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage" Korea Real Estate Review 17, no.1 (2007) : 137-154.