@article{ART002615334},
author={Yongjeon Choi},
title={Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases},
journal={Public Land Law Review},
issn={1226-251X},
year={2020},
volume={91},
pages={93-110}
TY - JOUR
AU - Yongjeon Choi
TI - Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases
JO - Public Land Law Review
PY - 2020
VL - 91
IS - null
PB - Korean Public Land Law Association
SP - 93
EP - 110
SN - 1226-251X
AB - Among recent cases related to the permission to occupy and use roads, this paper summarizes legal issues by analyzing the legal nature of permission, imposing and exempting occupancy and use fees, permission of road connection, and cancellation of permission. In particular, we reviewed improvements in the legal nature of permission to occupy and use roads regarding the cases of Sarang Church and Lotte World 2.
Based on the court judgments of the Sarang Church and Lotte World 2 cases, the road occupancy permission was found to be a financial accounting act under the purview of “management and disposal of properties” that has the characteristics of a loan contract that is similar to leasing. From the essential properties discussed above of the road occupancy permissions, I determined the private rights nature, the property rights nature of road occupancy rights, and the exceptional binding acts nature of permission to occupy and use roads to be relevant. The acceptability of road occupancy permissions that harmonizes public and private interests within limits that do not impair the original function and purpose of roads was presented.
To strengthen the control of the authorization of road occupancy permission by the Road Management Authority, the conclusion proposed legislation involving regulations regarding the road occupancy permit procedure, the stabilization of guidelines on the road occupancy permission standards, and management and supervision after permission.
KW - Permission to Occupy and Use the Roads;Government Property Use;Property for Public Use;Occupancy and Use Fees;Imposition;Exemption;Road Management Authority;Discretionary Acts;Binding Acts;Precedents of Supreme Court;Private Right;Right of Property;SaRang Church;Lotte World 2
DO -
UR -
ER -
Yongjeon Choi. (2020). Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases. Public Land Law Review, 91, 93-110.
Yongjeon Choi. 2020, "Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases", Public Land Law Review, vol.91, pp.93-110.
Yongjeon Choi "Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases" Public Land Law Review 91 pp.93-110 (2020) : 93.
Yongjeon Choi. Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases. 2020; 91 93-110.
Yongjeon Choi. "Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases" Public Land Law Review 91(2020) : 93-110.
Yongjeon Choi. Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases. Public Land Law Review, 91, 93-110.
Yongjeon Choi. Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases. Public Land Law Review. 2020; 91 93-110.
Yongjeon Choi. Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases. 2020; 91 93-110.
Yongjeon Choi. "Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases" Public Land Law Review 91(2020) : 93-110.
