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Development Plans for Land Administration Law and Appraisal System - Focusing on Legal Disputes According to 3 Legislations of Appraisal and Assessment -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.303-333
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

Myung-Ho, BAE 1

1(주) 제일감정평가법인

Accredited

ABSTRACT

Land administration law is a concept encompassing the appraisal and assessment system, and thus the development of the appraisal and assessment system can be said to be an academic progress of the land administration law. In this study, four legal disputes arise from the enforcement of the 3 legislations of appraisal and assessment that were established and promulgated on January 19, 2016. ① According to the appraisal and assessment act, it is desirable for the duty of good faith to be regulated as an ethical standard or a self-regulatory clause, rather than as a mandatory clause separately provided. It is proved that burdening of administrative responsibility was an excessive sanction in terms of comparative legal review as a legal effect on the violation of duty banning wrongful appraisal and assessment by gross negligence. Appraisal feasibility studies may disregard the purpose of professional license system, and furthermore, leaving the task to the Appraisal Board like today is also problematic. Thus, it can be a way of improvement to jointly establish the tertiary committee by mutual agreement. ② As for the 「Act on the Public Announcement of Real Estate Values」, what should be provided as appraisal and assessment has been mistakenly replaced by such terms as “inspection / assessment” and “inspection / calculation”, which may cause average citizens to be confused. Therefore, one single legal term of appraisal and assessment should be used according to the rationale that inspection / assessment = inspection/calculation (equivalent to inspection/assessment). ③ According to the Paragraph 1, Article 22 of 「Act on Appraisal」, no person can use “Certified Public Appraiser Office,” “Appraisal and Assessment Corporation” or other similar titles if the person is not an appraisal business operator. Furthermore, according to the Article 12 of 「Act to the Korea Appraisal Board」, the Appraisal Board does not perform any appraisal and assessment work. Therefore, a change in the mission of the Appraisal Board is incontestable since the status of the appraisal business operator is lost. ④ Although the purpose of introducing the 1989 [Act of Public Notice of Values] was to unify both of the license systems, it seems to be far from consistency in policy since the newly established dual system allows the Association and the Appraisal Board to co-exit. This study tried to suggest the problems in regard to the legal issues of appraisal and assessment in the three legislations of appraisal and assessment and their solutions. It is expected that the legislators will be aware of the people, the sovereign entity of making a constitution and the constitutional principles and do their best to perform legal improvement obligations.

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