Article 1(Purpose) #
The purpose of this Decree is to prescribe matters regarding the organization and operation of the Property Claims Committee established under Article 39 of the Act on Disposal of Property Devolving upon the State (hereinafter referred to as the "Committee").
Article 2(Composition) #
(1) The Committee shall be composed of a chairperson and members.
(2) The chairperson shall be the Vice Commissioner of the National Tax Service, and the members shall be appointed or commissioned by the President upon the recommendation of the Minister of Finance and Economy from among 1 general public official of the Senior Executive Service of each of the Ministry of Justice, the Ministry of Government Legislation, and the National Tax Service; 1 person from the business sector; 1 person from academia; and 3 persons from the legal profession. <Amended on Jun. 16, 1962; Jan. 22, 1963; Mar. 11, 1964; Mar. 11, 1966; Jun. 12, 2006; Feb. 29, 2008; Dec. 30, 2025>
Article 3(Matters for deliberation) #
The Committee shall deliberate and decide on appeals filed against the following administrative dispositions: <Amended on Jun. 5, 2018>
1. Eligibility for the purchase of vested property;
2. Designation of a person with a priority right to purchase vested property (including the order of priority);
3. Appointment or dismissal, or designation, of lessees or custodians of vested property;
4. Implementation of bidding and determination of successful bidders in the sale of vested property;
5. Other improper or unlawful dispositions by the competent administrative agency in the course of the sale, lease, or management of vested property.
Article 4(Period for filing appeals) #
(1) A party or interested person who has received an administrative disposition under Article 3 shall, within 1 month from the date of receiving the written notice of the disposition or within 3 months from the date of the disposition, submit an appeal to the Committee through the administrative agency that rendered the disposition, using the written appeal in the Form, along with the notice of the disposition, a written statement of reasons for appeal, and relevant supporting documents. <Amended on Jun. 5, 2018>
(2) The administrative agency through which the appeal is filed under paragraph (1) shall forward the appeal to the Committee within 7 days from the date of receipt, along with its written opinion and relevant documents.
(3) The period set forth in paragraph (1) shall be non-extendable.
Article 5(Deliberation of appeals) #
Appeals shall be decided through the examination of relevant documents without oral hearings.
Article 6(Authority of the chairperson) #
(1) The chairperson shall represent the Committee and have general supervision and control of its business affairs. <Amended on Jan. 5, 2021>
(2) Where the chairperson is unable to perform their duties due to unavoidable circumstances, a member designated by the chairperson shall act on their behalf.
Article 7(Meeting) #
(1) The chairperson shall convene meetings of the Committee and preside over them.
(2) A majority of the members of the Committee (including the chairperson) shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. In the event of a tie, the chairperson shall have the casting vote.
(3) Meetings shall not be open to the public.
Article 8(Notification of decision) #
(1) When the Committee deliberates and makes a decision on an appeal, it shall, without delay, deliver an authenticated copy of the written decision to the appellant and send a duplicate thereof to the administrative agency that rendered the disposition for processing.
(2) The decision of the Committee shall be binding on the administrative agency that rendered the disposition.
(3) No request for reconsideration may be made against the decision of the Committee.
Article 9(Personnel) #
(1) The Committee shall have 1 secretary-general, a few executive secretaries, and 1 clerk to handle its business affairs. <Amended on Jan. 22, 1963>
(2) The secretary-general, executive secretaries, and clerk shall be appointed or commissioned by the chairperson. <Amended on Jan. 22, 1963>
(3) The secretary-general shall, under the direction of the chairperson, handle general affairs of the Committee.
(4) The executive secretaries and the clerk shall, under the direction of their superiors, engage in general affairs of the Committee. <Amended on Jan. 22, 1963>
Article 10 #
Deleted. <Jan. 22, 1963>
Article 11(Meetings) #
(1) The Committee shall prepare and keep minutes of its meetings.
(2) The minutes referred to in paragraph (1) shall record the full proceedings of the meeting and shall bear the names and seals of the members present.
Article 12(Allowances and detailed operating rules) #
Matters necessary for allowances for the members and staff of the Committee and for the operation of the Committee shall be determined by the chairperson following a resolution of the Committee.
[This Article Wholly Amended on Jan. 22, 1963]