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A Study on the Improvement for Legal Environment in Cadastral Administration

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 92(), pp.171-195
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : November 2, 2020
  • Accepted : November 23, 2020
  • Published : November 25, 2020

Seok,Ho-Young 1

1명지대학교

Accredited

ABSTRACT

Although the system of "Cadastral Administration" has been established and carried out nationwide, it is time for a fundamental review of the implementation system of "Cadastral Administration" that has continued to date as "Delegated Administrative Affairs" gradually being abolished as part of strengthening a decentralization. In particular, there is still confusion in the legal judgment for the disposition of “Cadastral Administration”, and it will be necessary to revise relevant laws to ensure a legal safety of “Cadastral Administration” by minimizing it. In the past, the consistent interpretation of the precedent was that the act of registration of cadastral studies could not constitute an administrative disposition subject to an appeal because its disposition was not recognized as an act that does not cause any change in the actual relationship of rights to the land as a result of the registration or change of the relevant year. However, given that landowners are subject to certain restrictions on the use, income, and disposal of land based on land, such as the regulation of public land laws, the imposition of development charges, the taxation of local taxes, the calculation of official land prices, and the calculation of the value of compensation for losses, etc., the designation is a prerequisite for the proper exercise of land ownership and is closely related to the actual public relations of landowners’ rights. As the scope of recognition of the disposition of "Cadastral Administration" is gradually expanding, it is necessary to clarify the legal nature of the review conducted by the Cadastral Committee, and to review the current legal system related to "Cadastral Administration" in order to secure legal stability for the Cadastral Committee's decision. In response, this study seeks to present measures to improve the legal environment of Cadastral Administration, such as the Legality Review of Cadastral Survey by securing clarity and objectivity on whether or not to recognize the disposition of Cadastral Administration and by strengthening the effectiveness of the Legality Review of Cadastral Survey conducted by the Cadastral Committee.

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