Haengsimwi: "Passing through to enter a building is not unauthorized occupation of state-owned land"

Asset Management Corporation Ordered to "Cancel the Imposition of Compensation Charges"

[Asia Economy Reporter Moon Chaeseok] An administrative adjudication ruling has determined that passing through nearby state-owned land for the purpose of accessing a building, without recognized permission to use the state-owned land, does not constitute unauthorized occupation of the state-owned land.

The Central Administrative Adjudication Committee (CAAC) under the Anti-Corruption and Civil Rights Commission announced on the 9th that it canceled the disposition by the Korea Asset Management Corporation, which imposed a compensation fee on a building owner for unauthorized occupation of state-owned land on the grounds that passing through the state-owned land was necessary to access the building.

According to the Anti-Corruption and Civil Rights Commission, the Korea Asset Management Corporation imposed a compensation fee on Mr. A, who owns a building near state-owned land in Jeonju-si, Jeollabuk-do, for unauthorized occupation of the state-owned land.

The Korea Asset Management Corporation judged that Mr. A’s passing through the state-owned land to access his own building should be regarded as unauthorized occupation.

According to the State Property Act, a compensation fee can be imposed on those who use, profit from, or occupy state property without permission or a lease contract.

The CAAC first found that there was no evidence that Mr. A installed any facilities to exclusively occupy the state-owned land.

The committee also took into account that not only users of the building but also the general public could freely pass through the state-owned land near Mr. A’s building.

Accordingly, the CAAC judged that Mr. A did not occupy the state-owned land without authorization and canceled the Korea Asset Management Corporation’s disposition.

Kim Myungseop, Director of the Administrative Adjudication Bureau at the Anti-Corruption and Civil Rights Commission, stated, "The CAAC will continue to strive to remedy rights violations caused by unfair administrative dispositions against the public."

This content was produced with the assistance of AI translation services.