Main Issues

Application for confirmation and validity of confirmations submitted after the expiration of the period prescribed in Article 9 (3) of the Enforcement Rule of the Farmland Reform Act

Summary of Judgment

According to subparagraph 5 of paragraph 1 of this Article and Article 9 of the Enforcement Rule of this Act, farmland in self-satisfy that is owned by schools, religious organizations, welfare institutions, etc., may be exempted from purchase under the same Act only if the person files an application for confirmation with the Minister of Agriculture and Forestry within 20 days from Apr. 28, 1950, the date of publication of the said Rule, and submit it

[Reference Provisions]

Article 6 of the Farmland Reform Act, Article 9 of the Enforcement Rule of the Farmland Reform Act

Plaintiff-Appellant

Dried Seniors;

Defendant-Appellee

Ansan et al. and four others

Judgment of the lower court

Seoul High Court Decision 57 civilian Gong75 delivered on September 13, 1957

Reasons

According to Article 6 (1) 5 of the Farmland Reform Act and Article 9 of the Enforcement Rule of the same Act, a person who owns an authorized school or religious organization's level welfare institution, etc., can be exempted from purchasing farmland under the same Act only if he/she files an application for confirmation within 20 days from April 28, 1951, which is short-term to the date of publication of the said Rule, through the competent Minister, and obtained such confirmation, within 20 days from April 28, 1951, which is short-term to the date of publication of the said Rule. In this case, according to the records and the facts indicated in the original judgment, the plaintiff has reached the procedure of confirmation around May 26, 1953, and the Minister of Agriculture and Forestry may have pride that he/she obtained such confirmation on June 26, 1954. However, since the act of confirmation by the Minister of Agriculture and Forestry violates the law