Cadastral administration in accordance with the 「Spatial Data Management Act」 must have public confidence that all citizens can trust in terms of registering and managing property rights, the basic rights of citizens, in the cadastral records busi...
Cadastral administration in accordance with the 「Spatial Data Management Act」 must have public confidence that all citizens can trust in terms of registering and managing property rights, the basic rights of citizens, in the cadastral records business processing is required.
Cadastral survey for cadastral administration and public officials' errors in surveying performance tests, interpretation of extensions and reductions in laws and regulations, handling of different tasks for the same task, etc. as a remedy for the inconvenience and dissatisfaction of the people The committee handles civil complaints, administrative appeals, administrative litigation, and constitutional complaints.
However, the rights remedies system operated in accordance with individual laws and regulations have different processing targets and procedures, and there are cases where the processing results are also different, causing confusion not only to the public but also to public officials who have to apply the processing results to their work.
The direction of this study is to prevent disputes related to cadastral administration and protect people's property rights by examining the current status, problems, and operation of the people's rights relief system in cadastral administration, such as land movement and cadastral survey, and suggesting improvement plans.
After setting the research direction, the theoretical contents of the theoretical background of cadastral administration and rights relief system were summarized through literature review, and the analysis framework and method of this study were sought through previous research and analysis. The tasks to be improved are identified by analyzing the data provided by request from the agency operating the rights remedies (the result of the cadastral survey suitability examination, the result of the civil complaint) and the data registered on the website(the decision of the Administrative Appeals Committee, the decision of the Constitutional Court) derived.
As a result of the research analysis, it was found that the subject and scope of treatment differ depending on the law and nature of the law based on the remedy system, and the interpretation of the law is different, so the treatment result may be different.
The measures to improve these problems and expand the people's rights remedies are as follows.
First, the cadastral survey suitability review system by the Cadastral Committee needs to resolve the controversy over disposition and civil litigation due to the revision of the 「Spatial Data Management Act」, and it is necessary to secure expertise through the formation of a dedicated survey team.
Second, the Anti-Corruption and Civil Rights Commission must secure the ability to implement the committee's resolutions so that the agency is bound by the recommendations and resolutions, and through the reform of the system, it is necessary to enhance its expertise, such as expanding the manpower dedicated to performing cadastral surveying tasks.
Third, Administrative Appeals Committee Administrative adjudication needs to share work processing methods and results for each city and province and to communicate organically to ensure accuracy and consistency.
Fourth, it is necessary to expand the disposition of litigation in courts and constitutional courts in the overall cadastral administration to maintain consistency in court judgments, etc., and to expand people's rights remedies.
Lastly, it is necessary to improve the people-friendly system so that the public can be accurately informed about the role of individual rights remedies, the subjects they are dealing with, claim requirements, and solutions for dissatisfaction with the results of treatment, and so on.
Through this study, it was possible to confirm the implication that the laws, systems, and operating systems need to be improved in order to minimize confusion and expand rights remedies when the people's rights relief system dealing with cadastral administration performs its original role.
Previous studies dealt with the rights remedies related to cadastral administration in a fragmentary way, so that they can compare the nature of remedies, objects, procedures, and results of remedies, or suggest broad and clear legal and institutional improvements to expand people's rights remedies. there was no However, in this study, it will be meaningful as a study that enhances the understanding of the rights relief system in general by examining the intellectual administration-related rights remedies system broadly and deriving improvement plans.