Generally it takes 3 to 4 months for adjudication from the receipt of application form. Major works related to adjudication on expropriation can be summarized as follows.
① Announcement and Reading of the application form and relevant document.
Land expropriation committee which receives application for adjudication should send the application form and copy of relevant document to city, province or county(county except for autonomous county) so that relevant city, province or county can post the document on its bulletin board for 14 days for public
access(Article 31.1 of Land Compensation Act). The statement that opinion can be given by landowner or relevant people should notified to them as well as information announced. Mayor, governor or head of county should send the result of posting and opinion resented by owner during reading period to Land expropriation committee after the expiration of reading period without any delay.
② Opinion presented by owner
During the reading period, landowner and relevant people can give a letter of opinion to relevant land expropriation committee under relevant city, province or county(Article 31.2 of Land Compensation Act). Land expropriation committee should review in principle with document, the opinion presented by owner is one of the ways for participation in the process of adjudication. If the letter of opinion is submitted to project operator by owner, project operator should take measures to transfer the letter to Central Land expropriation committee so that the opinion can be discussed during adjudication.
③ Collection of review document and survey
Land expropriation committee collects document required for review from project operator and conducts on-site survey if necessary if it considers that some of the opinion presented by owner during reading period of application form for adjudication requires opinion from project operator(Article 58 of Land Compensation Act).
④ Submission of opinion by project operator
If Land expropriation committee asks project operator to provide opinion on the opinion presented by owner, project operator should provide the letter of opinion on matters whether the opinion can be accepted or not with specific
reason. If project operator cannot accept the opinion of landowner, objective evidence should be provided.
⑤ Request for exclusion of adjudication.
If there exists land to be excluded from adjudication for reasons of agreement with landowner after application for adjudication, application for exclusion of adjudication should be done 2 to 3 weeks before the date of adjudication. The list of exclusion with the detailed information and amount for each owner should be presented to identify if the exclusion applies to the whole or part of the land held by the owner.
If the owner of land is changed after inheritance, etc. after the application for adjudication, the request for change of object for previous application should be made by attaching evidence including certified copy of register. If the ownership is changed after the adjudication is made, the procedure becomes very complicated to change the owner through adjudication for correction. Therefore the change of owner should be applied for before the adjudication.
⑥ Valuation on adjudication
If re-valuation is required in the process of adjudication on expropriation, re-valuation can be conducted. Central Land expropriation committee should select valuation corporation by asking Korea Association of Property Appraisers(KAPA) to recommend appraiser. The opinion of owner and opinion of the project operator should be sent to appraiser for re-valuation and appraiser should conduct valuation by visiting the site.
<Table 6-2> Procedure and Schedule of adjudication on Expropriation
Schedule Time Required after Receipt
Review and approval for received application 1 week Requesting local government to post the document and
receiving result 2 to 4 weeks
Inquiring and submission of opinion by project operator 5 to 6 weeks Asking KAPA to recommend valuation and selection 7 weeks Requesting for re-valuation and receipt of valuation report 8 -9 weeks
Reviewing valuation result 10 weeks
Writing plan for adjudication and request for printing
agenda 11 to 12 weeks
Adjudication the plan The closest date of adjudication after week 13
Sending Adjudication on expropriation Within 1 week from the date of adjudication
(2) Items to be reviewed on application form for adjudication
Land expropriation committee should check the following items before starting adjudication process.
1. Whether right person applied for adjudication : The project operator as of the date of project approval and person who applied for adjudication should be matched.
2. The application period for adjudication : Decision making application period should be done within project period.
3. Checking the details of land and area announced upon project approval:
Checking should be done whether the land area applied for adjudication on expropriation in land register is within the scope of area announced for project approval.
4. Whether the notification was delivered or not : One should check whether the notification was delivered to the land unregistered or land whose owner's location is not identified. 2-week's posting is required in bulletin board
of relevant authority and the picture of the bulletin board should be sent with the attachment of the notification of delivery completion.
5. Checking the name and address of owner and relevant people : One should check the owner in the consultation report, land protocol and goods, name in the public record and address in public record and resident registration.
6. Checking the amount presented by project operator : One should check whether compensation amount is presented for each item in land and goods protocol and if there is missing information related to additional goods.
7. Checking relevant people : One should check whether all relevant people in public record are included. In case of goods, some case does not record relevant people by inputting relevant people of representative relevant person.
Relevant people both for main property and attached property should be written.
8. Checking the equity of sharer : If the sharing of equity is complicated or sum of equity becomes less than 1 or more than 1, the equity should be recalculated. In case where the sum of total equity is less than 1 or more than 1, registration should be revised by checking existing register.
If the validity of equity cannot be identified due to the impossibility of registration revision, application for decision should be made by stipulating the land with uncertain equity sharing for all of the announced sharers.
(3) Method of adjudication on expropriation
① Principle of review
Review on the adjudication should follow the principle of document-based decision, non-disclosure and Offizial prinzip. Therefore, the opinion cannot be presented without the request by Land expropriation committee in principle.
The principle of Nemo iudex sine actore is applied so the items not insisted by person concerned cannot be reviewed. However, adjudication on increase of compensation can be possible(Article 50.2 of Land Compensation Act).
Items to be reviewed during adjudication on expropriation(Article 50.1 of Land Compensation Act) : Following should be reviewed during adjudication on expropriation.
1. District and use of the land to be expropriated or used 2. Compensation for loss
3. Starting date and period of expropriation or use
4. Other Goods under Land Compensation Act or other applicable act(including the expropriation of residual land)
② Form of adjudication
Adjudication should be done with document and document should have statement, reason and adjudication date with sealing of chairman and members who participated in the meeting(Article 3 of Land Compensation Act).
③ Delivery of statement on adjudication
The statement on adjudication becomes effective upon delivery. Central Land expropriation committee should send the statement on adjudication to project operator, landowner and relevant people thorough delivery verification postal service(or delivery report). In case where owner and relevant people live in other countries, chairman of the Central Land expropriation committee should ask the delivery of the statement to Minister of Foreign Affairs under Article 4 of Enforcement Decree of Land Compensation Act and Article 191 of Civil Litigation Act. If the person subject to receiving the document or address or place is not known, delivery through public notification should be used(Article 4 of
Enforcement Decree of Land Compensation Act).
(4) Effect of adjudication on expropriation
The procedure of expropriation is completed after adjudication. Project operator obtains the right to original acquisition of land on the condition of payment or deposit of compensation. Those whose land is expropriated should accept compensation and take the responsibility of delivery and transfer of object to be expropriated. If the person does not fulfill his responsibility, the project operator is allowed to apply for administrative execution by proxy.
① Project operator
Payment and deposit of compensation : If the statement on adjudication is delivered, project operator should notify the payment of compensation determined by adjudication to landowner. Upon notification, the intention to deposit the compensation in case of rejection of compensation should be informed. Project operator should pay or deposit the compensation until the expropriation period stipulated in adjudication(Article 40 of Land Compensation Act).
Acquisition and registration of right : Project operator obtains original acquisition right to the land by paying or depositing compensation until expropriation period. While the change in realestate property right becomes effective without registration, disposal requires registration. Registration recognizes special cases under Real Estate Registration Act. Therefore registration is possible only with statement on adjudication and documents that demonstrate the relationship of compensation payment(compensation receipt certificate or deposit document)(Article115 of Real Estate Registration Act). Upon registration of transfer of ownership, the cause of the registration should be "land expropriation"
and date of the cause should be "effective date of expropriation).
Transfer of risk burden : Under private law the risk should be borne by seller.
However, the risk burden of expropriation should be borne not by the person whose land is expropriated but by project operator. If the land or property is damaged or destroyed without any intention or mistake by landowner or relevant people after the adjudication by Land expropriation committee, the loss should be borne by project operator(Article 46 of Land Compensation Act).
② Person whose land is expropriated
Responsibility of delivery and relocation of the land, etc. : The land to be expropriated and building on the land should be delivered or relocated to project operator until expropriation period(Article 43 of Land Compensation Act). If the transfer of goods including building is not required, the goods should be removed. In this case the cost of removal should be paid by project operator(Article 33.4 of Enforcement Rule of Land Compensation Act). For the following cases, governor of special province, mayor, governor or head of county should do the delivery or relocation of land or property at the request of project operator(Article 44 of Land Compensation Act).
1. In case where person responsible for the delivery or relocation of land or goods cannot fulfill his obligation without intention or mistake.
2. In case where project operator cannot identify the person responsible for the delivery or relocation of land or goods
(5) Loss of effectiveness
① Loss of effectiveness
If the project operator does not pay or deposit compensation determined by
Land expropriation committee until the effective date of expropriation or land use , the adjudication on expropriation becomes invalid(Article 42 of Land Compensation Act). If the project operator does not pay or deposit compensation amount decided by Land expropriation committee until expropriation time, project operator does not acquire landownership even though the project operator pays compensation after expropriation period as the decision itself becomes invalid(Judgement 89 da ka no. 24346, made in June, 12 , 1990 of Supercrime Court).
② Correction of adjudication
If it is clear that there is mistake including miscalculation or writing incorrect information the land expropriation committee can perform adjudication again at the request of the person concerned. Adjudication for correction should be recorded on original and official copy of the original statement on adjudication and if the information cannot be written on official copy, official copy of adjudication for correction should be written and delivered to person concerned(Article 36 of Land Compensation Act).
The adjudication for correction is the correction of mistake happened in the process of adjudication as the application for the adjudication was done properly.
Therefore if the mistake happens in the application itself, the case is not subject to adjudication for correction.
③ Omission of adjudication
If some part of the land for which application for adjudication is missing by the land expropriation committee, the land expropriation committee should review the missing part continuously(Article 37 of Land Compensation Act).