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Case Study on the Legal status and Business scope of Authorized Property Appraisers

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 58(), pp.161-178
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

육정균 1

1국토해양부

Accredited

ABSTRACT

The thesis mainly deals with the legal status and business scope of authorized property appraisers. Recently, financial institutions such as commercial banks establish their own appraisal division and hire appraisers to reduce financial costs such as appraisal commission on collaterals for home mortgages. Under these circumstances, the appraisal industry requests financial institutions to stop such practices, arguing that the internal self-appraisal will severly affect the appraisal market and infringe the appraisal business scope. But, effective measures have yet to be developed. Also, as the proper market price for land appraisal is difficult to be determined due to land's unique characteristics, the government allows state registered appraisers to set the market price, with a view to protecting citizens' property right and developing national economy. In Korea, the appraisal business can be performed by the people who gain the legal status as licensed authorized property appraisers and open their own offices. The Public Notice of Values and Appraisal of Real Estate Act stipulates that appraisal or consulting on collaterals of financial institutions shall be granted only to the licensed authorized property appraisers who have their own offices. Furthermore, the government temporarily allowed the internal self-appraisal from 1989 to 30 June 2004 when National Agricultural Cooperative Federation, National Federation of Fisheries and Korea Federation of Livestock provided a loan with official funds to businessmen in the agricultural and fisheries industries. Accordingly, the internal self-appraisal performed by financial institutions is clearly unconstitutional under the currently enforced laws. They will face heavy penalty and their appraisers will lose licenses if the institutions violate the law. The internal self-appraisal in the financial institutions generate many problems such as poor appraisal performances including overestimation of collateral values that lead the institutions to the risk of being bankrupt in an economic recession, difficulty for self-verification and infringement of other business areas. In conclusion, appraisal on collaterals of financial institutions shall be done only by the authorized property appraisers with their own offices. The financial institutions who continue internal self-appraisal may face maximum 2-year imprisonment or no more than 30 million won of penalty. Therefore, they should voluntarily stop the practices without delay.

Citation status

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