「지적재조사에 관한 특별법」 상 불복제도에 관한 법적 쟁점

지적재조사 특별법상 불복제도의 법적 쟁점과 재산권 제한 문제를 검토한다.

At present, our cadastral systems are not only outdated but also exposes various problems throughout the system. Especially, cadastral irrigation area where cadastral boundaries do not coincide with actual boundaries is estimated to be 5.54 million parcels, which is about 14.8% of the whole country. In this irrigation areas has been suffering by various restrictions on property rights such as transfer of ownership and construction activities. Furthermore, it is estimated that the annual litigation cost due to boundary disputes between landowners is about 380 billion won.

In March 2012, the Korean government enacted the ‘Cadastral re-survey Special Law’ for the purpose of efficient registration management of the land and protection of property rights. Based on this law, the government is promoting cadastral re-survey projects nationwide. The cadastral re-survey project implemented by the first basic plan for the past four years will serve as a milestone for the project to be carried out by 2030. Therefore, it is meaningful to look at the administrative cases in the area where the project is completed. In particular, in order to promote the nationwide cadastral re-survey project, it is necessary to take measures to minimize the complaints of the landowners.

In this study, the major cases of administrative litigation related to cadastral review and cadastral resurvey are examined empirically, through this review, the protection of the rights related cadastral re-survey is suggested by review of the legal issues and the improvement plan of the appeal system in the cadastral re-survey law. In particular, a method is proposed to unify the current duality of the calculation of the adjustment fee by the appraisal method to ensure uniformity nationwide.