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Compensation for a Loss and the Principle of Prohibition of Changing Disadvantage

  • Korea Real Estate Review
  • 2007, 17(1), pp.137-154
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Kim, Sang Seol 1 Park,Chang-Soo 1

1전주대학교

Candidate

ABSTRACT

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.

Citation status

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