If a public utility authorization is a measure to secure the acquiring authority (business enterpriser) the expropriation right to acquire private persons' property rights by force, it is questionable whether there exist objective and fair procedures ...
If a public utility authorization is a measure to secure the acquiring authority (business enterpriser) the expropriation right to acquire private persons' property rights by force, it is questionable whether there exist objective and fair procedures on how to determine the public necessity or the public interest in a particular public utility. As the requirement for expropriation, the public necessity is typically a contingent legal concept, and operates as an important standard when the Minister of Land, Transport, and Maritime Affairs authorizes a public utility (relevant business).
Therefore, if the public utility authorization is given to the nation's public project, the enforcement procedures for acquisition of private properties will proceed as the subsequent measure. In this case, the property rights of the expropriated will be deprived while the public utility proceeds. To the extent that once a public project has started, it is rarely cancelled later for the reason that it has no public interest, public utility authorization for a public project should be subject to a strict review at the initial performance stage. Thus, it seems to be necessary to have a third party public utility authorization institution, independent and specialized, for a judgement of the public necessity or the public interest. For instance, a public utility authorization agency as an independent administrative agency could be considered.
For the public utility authorization agency should be given the quasi-legislative right to establish rules of organization according to the necessity of an independent administrative organization, and for an independent and neutral decision-making, the quasi-judicial right to decide whether a particular business applied by the acquiring authority (business enterpriser) constitutes the public utility under the Article 4 of the Land Compensation Act.
As the truthful independent administrative agency at least equivalent of an independent regulation committee with the independent administrative fields, its legal status should be recognized and the independence of its functions and authorities should also be thoroughly recognized.
Therefore, this thesis generally intends to review and suggest the problems and the improvements of the public utility authorization system in the perspective of the Public Land Law, a commencement system of expropriation to acquire private persons' property rights.