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The Remedy Systems for the Infringements ofProperty Rights by the Determination ofOfficially Assessed Land Price in Korea

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 21(), pp.229-252
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

朴倉奭 1

1한양대학교

Accredited

ABSTRACT

The officially assessed land Price under the ‘Public Notice of Values and Appraisal of Lands, etc. Act’ is in charged of a legally important function. Therefore, It is necessary for us to make a more profound study of the remedy systems when the property rights of a citizen are infringed by the determination of the officially assessed land price. In this study, I carefully considered the systems of Verification(Art.33 Ⅱ of Administrative Procedures Act), hearing of arguments(Art.22), correction of dispositions (Art.25), which would be an administrative remedy systems.I also reviewed the compensations for damages, as an administrative indemnity system, arising from illegal actions of the public officials, from different points of view. I finally studied whether administrative compensations for damages can be admitted by the ‘Public Notice of Values and Appraisal of Lands, etc. Act’. Additionally, in such the case, there are some opposing opinions on the legal characters of both officially assessed land price and individually officially assessed land price. In conclusion, the question of whether objection and administrative litigation can be recognised will lead to different conclusions under this conflict of views.

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