38-4 · Land, buildings & compensation

Preparation and filing of administrative appeal documents concerning charges for unauthorized occupation of state or public land

Article 72 of the State Property Act and Article 81 of the Public Property and Commodity Management Act require an indemnity equal to 120/100 of the usage fee or lease fee to be collected from anyone occupying state or public land without permission or a lease contract; state land charges are imposed by the Korea Asset Management Corporation or the managing agency, and public land charges by the local government. If you receive a charge, first check whether you actually occupied and used the land exclusively, whether you were given prior notice and an opportunity to submit opinions, and whether periods beyond the 5-year extinctive prescription (Article 73-3 of the State Property Act) are included. Appeals are generally made by filing an administrative appeal within 90 days of learning of the disposition or within 180 days of the disposition. If you need to keep using the land, it must be resolved by a lease contract or purchase application separately from the dispute, or the indemnity will be charged again.

HWANG YUNSANG ADMINISTRATIVE OFFICESONGDO · 37.3892° N / 126.6439° E
#Preparation and filing of administrative appeal documents concerning charges for unauthorized occupation of state or public land#Official check#38-4
🌐 Preparation and filing of administrative appeal documents concerning charges for unauthorized occupation of state or public land
01

Procedure

Procedure

Procedure type
  • Appeal Difficulty High

    Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.

We will review the occupancy, area, period, and basis for calculation of national and public land compensation and prepare an administrative appeal request. Follow-up loan/purchase applications will be handled separately.

Scope & fee
Basic scope
We will review the occupancy, area, period, calculation, and procedure data for 1 compensation disposition and prepare an administrative appeal claim and a list of evidence. Surveying/appraisal and separate loan/purchase applications are not included. Scope of preparation: 1 type of administrative appeal claim, 5 pages per type. It does not include in-office submissions.
  1. 01

    Check the charge details and deadline: In the indemnity notice, check the area charged, the occupation period, and the officially assessed land price and rate used. Record the date you received the notice to calculate the 90-day administrative appeal deadline.

  2. 02

    Review the fact of occupation: The existence of an adjacent building alone is not enough to establish occupation; the issue is whether you actually use the land exclusively. Compare the occupied area and boundaries with the notice using cadastral maps, survey data and site photos.

  3. 03

    Check prescription and calculation errors: Divide the charged period by year to see whether any part beyond 5 years is included, and recalculate whether the area, land price and rate were applied correctly. Some land, such as road sites, can be charged even before the managing agency acquires ownership, so also check the nature of the land.

  4. 04

    Check procedural defects: Check whether you were given prior notice and an opportunity to submit opinions before the disposition, and whether the disposition states its legal basis and reasons. There are rulings in which the entire charge was cancelled because prior notice was omitted and reasons were not given.

  5. 05

    Prepare and submit the administrative appeal petition: Organize the applicable arguments among occupation, prescription, calculation errors and procedural defects with supporting materials and submit an administrative appeal petition. File within 90 days of learning of the disposition or within 180 days of the disposition.

  6. 06

    Resolve the underlying issue by lease or purchase: If you need to keep using the land apart from the dispute, consider entering into a lease contract or applying to purchase it. If left as is, the indemnity for the next period will be charged again.

02

Filing route

Filing route

Agency imposing the indemnity (Korea Asset Management Corporation or local government) or the Administrative Appeals Commission

Confirm the current filing office, jurisdiction, and online availability on the official website.

Official check
Actual processing agencyCompetent Korean authority or official service · Competent city, county, or district office · Metropolitan or Provincial Administrative Appeals Commission
Statutory and policy authorityCompetent Korean authority or official service · Ministry of the Interior and Safety
Online routeOnline Administrative Appeal (simpan.go.kr)
03

Deadlines & processing notes

Deadlines & processing notes

Check deadlines and next steps against the notice, filing date, and any request for additional documents.Official check
04

Fees & official charges

Fees & official charges

Administrative service fee
  • Basic scope from KRW 600,000
All administrative service fees exclude 10% VAT.

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and responses to up to two supplement requests.

Conditional success fee — For this service, any conditional success fee may be separately agreed within the lawful service scope and stated in a written engagement agreement. No outcome is guaranteed.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Fees & official charges →
05

Basic documents

Basic documents

Basic documents0 / 7

If you keep using the same land while disputing the indemnity, the indemnity for the next period will be charged again, so decide on a lease contract or purchase application alongside the administrative appeal.

Scope of services

Scope of services

Hwang Yunsang Administrative Agent Office prepares and translates documents for administrative agencies, submits them on your behalf, and guides you through permit, application, and notification procedures. Services that require the principal’s personal appearance, principal’s application, or electronic signature may be limited in delegation.