When must a district deliberation council send a compensation case up to the headquarters or special council, and who then makes the decision?
General information · Not legal advice
Material to check
In practice material of this kind, we read the compensation application, the estimate of the compensation amount worked out on the file, the paper showing the figure the Presidential Decree sets for transfer, and the record of the district deliberation result attached to the file when it is sent up.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that once the district deliberation council has deliberated an application, it must without delay attach its deliberation result to the case file and transfer the file to the headquarters or special council wherever the estimated compensation reaches the amount the Presidential Decree sets, or wherever the Presidential Decree has assigned that kind of case to those councils; the headquarters or special council must then make a compensation decision within the period the provision sets.
Another reading notes that both transfer triggers are written by reference to what a Presidential Decree provides, so the provision itself does not name the cases that must go up beyond the amount threshold, and it does not state what decision-making power the district council keeps over a case it has been required to transfer.
Your judgment
If the parties dispute the estimate of the compensation amount, what in the case file could show whether the case belongs with the district council or must be sent up?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which cases must be transferred, if the Presidential Decree sets a different amount or adds a category of case, or if a court decision explains how the estimate is to be worked out.