Procedures for objection to land expropriation and whether Article 18 of the Administrative Appeals Act and Article 20 of the Administrative Litigation Act shall apply (negative)

When there is an objection against the original adjudication by the competent Land Expropriation Committee in full view of the provisions of Articles 73 through 75-2 of the Land Expropriation Act, an objection shall be filed with the Central Land Expropriation Committee within one month from the day on which the original copy of the written adjudication is served, and if there is an objection against the adjudication by the Central Land Expropriation Committee in respect of an objection, an administrative litigation seeking the cancellation of such adjudication shall be filed only within one month from the day on which the original copy of the written adjudication is served, and the provisions of Article 18 of the Administrative Appeals Act and Article

Articles 73 and 75-2 of the Land Expropriation Act

Supreme Court Decision 87Nu246 Decided June 23, 1987

Plaintiff 1 and one other

The Central Land Expropriation Committee

The Head of Lee Construction and Administration

Seoul High Court Decision 86Gu850 delivered on March 10, 1988

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

With respect to the first to fourth points:

According to Articles 29 and 30 of the Urban Planning Act and Article 2 of the Land Expropriation Act, if not only the land, buildings, or fixtures on the land necessary for the urban planning project, but also the rights other than the ownership of the land, buildings, or things, etc. necessary for the urban planning project within the urban planning zone, it is evident that the urban planning project operator may expropriate or use the land in accordance with the procedure prescribed by the Land Expropriation Act, and if the land owner and person concerned, including the plaintiffs, have not reached an agreement with the land owner and person concerned before the expropriation of the land, etc. in this case, and it

For the purposes of paragraphs 5 to 7:

In full view of the provisions of Articles 73 through 75-2 of the Land Expropriation Act, when there is an objection against the original adjudication of the competent Land Expropriation Committee, an objection shall be filed with the Central Land Expropriation Committee within one month from the day on which the original copy of the written adjudication is served, and when there is an objection against the adjudication of the Central Land Expropriation Committee on the objection, an administrative litigation seeking the cancellation of the said adjudication shall be filed only within one month from the day on which the original copy of the written adjudication is served, and in this case, the provisions of Article 18 of the Administrative Appeals Act and Article 20 of the Administrative Litigation Act shall not be applicable (see Supreme Court Decision 87Nu246 delivered on June 23, 1987). Accordingly, as the court below duly confirmed, if the plaintiff 2 failed to file an objection within one month from the time when the original copy of the written adjudication of this case was served by the defendant on January 20, 1986, and the plaintiff 1 had to file an administrative litigation in this case beyond the peremptory period of this case.

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles or incomplete hearing as pointed out.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ansan-man (Presiding Justice)