What is the Korean adjudication-request delay surcharge?
When compensation negotiations for a Korean public project fail, a landowner or interested party may demand that the project operator apply for adjudication through the statutory procedure.
Land Compensation Act Article 30 establishes a filing period after a valid demand and a surcharge based on adjudicated compensation when the operator files late.
The owner’s demand to the operator and the operator’s application to the competent Land Tribunal are separate actions.
This Korea-specific calculator reconciles the demand receipt date, filing deadline, delay days and reference surcharge using rules verified in 2026.
It does not value land from official prices or nearby transactions.
For compensation valuation, use the land compensation calculator; enter only the verified adjudicated compensation applicable to this surcharge here.
Three distinctions to check with your family
- Distinguish the mailing date from the operator’s actual receipt date.
- Distinguish the compensation payment date from the adjudication application receipt date.
- Check whether another cash-settlement delay-interest calculation covers the same period.
Verify the applicable conditions first
The ordinary public-project route requires a project recognition notice and unsuccessful negotiations.
Enforcement Decree Article 14 provides for submitting the demand after the negotiation period has elapsed.
The written demand must identify the operator, project, claimant, relevant land and objects, and the reason negotiations failed.
A telephone complaint or a general inquiry about the offered amount is not automatically treated as a completed written demand.
An ordinary first demand
The supported case has a verified recognition notice, elapsed negotiation period, valid written demand and delivery evidence.
A demand received on or before the negotiation end date is withheld for separate review rather than automatically validated.
Cases needing separate review
Redevelopment cash settlements under historical or transitional provisions, early demands where negotiation failure is clear, and refiling after an adjudication lapses can have different starting points.
Checking the ordinary-case box does not resolve these exceptions.
The checkboxes record the user’s evidence review.
They do not replace a tribunal or court’s decision about demand validity.
If the project’s legal route is uncertain, establish whether Article 30 applies before using a money result; the dates and evidence list can still help organize the inquiry.
What the date and money inputs mean
Receipt and negotiation end
Request receipt means the date the operator received the written demand.
Use delivery certification or an acknowledged receipt alongside the certified-mail dispatch record.
Negotiation end is the last day of the formally notified negotiation period, rather than the day a private conversation ended.
Actual filing and reference date
Actual filing means the competent commission’s verified application receipt date.
Do not substitute internal approval or document preparation dates.
The reference date states the point in time being reviewed; a supposedly completed filing later than that date produces an error.
Adjudicated compensation
Enter the applicable compensation from the adjudication in whole KRW.
Do not use the negotiation offer, official land price or a hoped-for increase.
Separate compensation from any surcharge already included in a total so that the surcharge itself does not become part of the base.
Blank is unknown; it is different from a verified zero.
The KRW 1 trillion input limit is a UI safeguard, not a statutory compensation cap.
The money field preserves the text being edited, including deletion and commas, and commits the numeric amount when focus leaves the field.
The compensation confirmation must also be checked before an amount can be calculated.
The 60-day deadline and holidays
Unadjusted deadline = request receipt date + 60 days
Adjusted deadline = endpoint after applicable weekend and holiday extensions
Delay starts = the day after the adjusted deadline
Under the initial-day exclusion principle in Civil Act Article 157, counting starts the day after receipt.
These are 60 calendar days: weekends and holidays inside the period count.
Civil Act Article 161 moves a Saturday or public-holiday endpoint to the following day, repeating the extension when that day is also a holiday.
Adding 60 business days would produce a different deadline.
Receipt on 2026-07-01 gives an unadjusted deadline of 2026-08-30, a Sunday.
The adjusted deadline is 2026-08-31 and delay starts on 2026-09-01.
Receipt on 2026-07-26 gives 2026-09-24, the first day of the Chuseok holiday; the holiday sequence and Sunday move it to 2026-09-28.
Receipt on 2026-05-18 gives 2026-07-17, which moves through the included national holiday and weekend to 2026-07-20.
The included 2026 calendar combines the KASA calendar announcement with verified holiday regulations and later changes.
It includes May 1, the June 3 election, July 17 and applicable substitute holidays.
Add any actually designated temporary holidays in the additional-holiday field.
A deadline crossing into 2027 remains a provisional schedule and withholds money calculations.
Recheck actual designations and the competent commission’s receipt hours before submission.
The 12% annual surcharge formula
One supported rate period: 2026
Reference surcharge = compensation × 12% × net delay days ÷ 365
Net delay days = gross delay days − distinct verified excluded days
Reference combined amount = compensation + reference surcharge
The regulation prescribing the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings sets 12% annually from 2019-06-01.
This page supports monetary calculations only when the request, deadline, filing and reference dates lie within 2026.
It does not apply that rate across historical rate changes or future amendments.
Delay includes the day after the adjusted deadline through the actual filing date, with both endpoints included.
Filing on the deadline produces zero delay days; filing the next day produces one.
Do not extend this application-delay calculation through the later compensation payment date.
Adjudication, taking commencement and payment dates matter to their respective procedures, but none substitutes for actual application receipt here.
The 365-day denominator and a single final truncation to whole KRW are disclosed comparison assumptions.
The tool does not truncate each daily amount before multiplying by the days.
Reconcile actual day-count and rounding with the adjudication.
The result is not an after-tax receipt or an estimate of collectible additional cash; taxes, prior payments, other delay interest and compounding are outside this formula.
Use the calculator alongside your records
- Collect the demand evidence. Group the recognition notice, negotiation-period notice, written demand and delivery evidence by case.
For multiple parcels or demands, identify the demand corresponding to the compensation being used.
- Enter dates and filing status. Distinguish filed, not filed and unknown.
Filed requires actual commission receipt; an operator’s intention to apply is not completed filing.
- Reconcile compensation and exclusions. Enter the adjudicated base and confirm it.
Use only separately verified exclusions and preserve unknown status where a dispute remains.
- Read the timeline and review reasons. Compare the unadjusted and adjusted deadlines, delay window and gross, excluded and net days with the records.
A displayed date does not mean the conditions for a money result are confirmed.
- Save the report and request verification. TXT and print output preserve the reference date and evidence status.
Use the demand and commission receipt with the report to ask the operator about missing surcharge entries or filing status.
Worked example: KRW 100 million
This fictional ordinary first-demand example assumes verified negotiation end on 2026-06-30, demand receipt on 2026-07-01, actual application receipt on 2026-10-01, reference date 2026-10-16 and compensation of KRW 100,000,000.
The adjusted deadline is 2026-08-31.
The inclusive delay window from 2026-09-01 through 2026-10-01 contains 31 days.
Reference surcharges with different exclusions for KRW 100 million compensation| Condition | Excluded days | Net days | Surcharge (KRW) | Combined (KRW) |
|---|
| No exclusions | 0 | 31 | 1,019,178 | 101,019,178 |
| Two overlapping verified periods | 8 | 23 | 756,164 | 100,756,164 |
| Filed the day after the deadline | 0 | 1 | 32,876 | 100,032,876 |
Overlapping exclusions
Verified ranges 2026-09-05 through 2026-09-10 and 2026-09-08 through 2026-09-12 contain eight distinct excluded days.
Their lengths are not added independently; net delay becomes 23 days.
Only the overlap with the actual delay window is deducted.
Not-filed date comparison
A mathematical comparison assuming the same KRW 100 million base, not-filed status and reference date 2026-10-16 gives 46 days and KRW 1,512,328.
If an actual not-filed case has no adjudicated compensation yet, leave the amount unknown rather than entering an offer.
This comparison is not a payment award.
Not filed and unknown are different results
Verified not-filed status
The calculation uses the reference date and labels any amount provisional.
Further delay can change the days, so compare saved reports using their dates.
Unknown compensation or exclusions continue to withhold the monetary result.
Unknown application status
No response from the operator does not prove that no application was filed.
Confirm the commission’s receipt status and date before changing the selection.
Unknown status shows only a reference schedule and withholds a numerical surcharge.
Late demands and missing delivery evidence can create a dispute about the starting point.
Returned mail, an incorrect address and a mismatched recipient also require evidence review.
This tool does not decide the legal weight of those records; it helps identify missing documents and the questions to ask.
Exclusions and overlapping interest claims
Continued negotiations do not automatically remove every negotiation day from delay.
Exclusion inputs compare periods whose legal basis has already been reviewed separately.
Supreme Court 2016Du63361 addressed special circumstances and agreed renewed negotiations in the context of refiling after an adjudication lapsed.
Do not generalize that exception to every first-demand negotiation or enter a lapse date as though it were the demand receipt date.
Avoid counting the same period twice
Supreme Court 2019Du46411 distinguished historical cash-settlement payment-delay interest from the Article 30 surcharge and addressed restrictions on simultaneously exercising both claims for the same period.
This page does not automatically add a cash-settlement calculator result to the surcharge.
Review whether differently named amounts compensate overlapping periods and loss.
Keep the relevant land, demand, application receipt and any correction records, adjudicated compensation items and exclusion decisions together by case.
Another owner’s demand date or another parcel’s compensation can produce a mathematically correct but inapplicable result.
Use the pending messages to identify evidence still needed rather than checking every box simply to obtain an amount.
Frequently asked questions
Do the 60 days start when I mail the demand?
The tool uses the date the operator received the demand.
Check dispatch and delivery records together; leave delivery unconfirmed if receipt is uncertain.
The default calculation excludes receipt day.
Are weekends inside the 60 days removed?
No; interior weekends and holidays count as calendar days.
Only a Saturday or holiday endpoint moves to the next non-holiday day.
Recheck additional temporary designations and commission receipt deadlines.
Does this surcharge run through payment?
This Article 30 calculation addresses late adjudication applications and ends on actual filing.
Payment-delay interest or other damages have separate requirements.
Entering payment day as filing day would overstate this delay window.
Can I use the offered amount before adjudication?
The tool requires verified adjudicated compensation.
Do not substitute zero or a negotiation offer for an unknown base.
Check the deadline and documents first, then calculate the amount when the applicable adjudicated base is known.
Does this cover every redevelopment cash settlement?
No; project type, applicable law, historical and transitional provisions, and demand timing matter.
The historical circumstances in Supreme Court 2015Du50535 are not automatically applied to ordinary cases.
Obtain separate review where the ordinary first-demand scope is uncertain.
What happens when exclusion periods overlap?
The tool deducts each date within the delay window only once.
Both range endpoints are included and each range needs evidence and confirmation.
Any unconfirmed exclusion keeps the monetary result withheld.
Can I calculate a 2025 or 2027 case?
Money calculations are limited to the 2026 interval.
Treat dates shown for other years as provisional and separately verify the applicable rates, holidays and effective rules.
Do not apply today’s 12% rate to every historical period or future year.
Is the exported report a ready-to-submit claim?
It records inputs and calculation assumptions for reference.
It does not replace a statutory form or submission; verify the recipient, relevant land, documents and filing period.
Also reconcile the surcharge entry required in the adjudication under Enforcement Decree Article 14 with the compensation payment records.
Official sources and effective dates
Primary sources were checked on 2026-10-16 through the National Law Information OPEN API, including current statute status, articles and actual precedent identifiers.
The Land Compensation Act version is effective 2026-09-08 (MST289333); the Decree version is effective 2026-05-12 (MST285977); and the statutory-rate regulation is effective 2019-06-01 (MST208701).
The Civil Act version is effective 2026-03-17 (MST284415).
The holiday regulation is MST285779, incorporating Articles 2–3 effective 2026-05-01 and changes since the original KASA calendar announcement.
The precedent dates are 2015-12-23 for 2015Du50535, 2017-04-07 for 2016Du63361, and 2020-07-23 for 2019Du46411.
Distinguish each case’s facts and applicable law from your situation.
Future maintenance must recheck Article 30, Decree Article 14, the statutory rate, new holidays, demand validity, exclusions and actual adjudication day-count and rounding.
Preserve delivery evidence and the reference date
Use the result to prepare a concrete verification request.
Confirm demand delivery and actual commission receipt, separate the adjudicated compensation base, and save the dated report.
Family members and the operator can then discuss the same documents and identify omitted items.
First distinguish a calculated zero from an amount withheld because information is missing.
Even a displayed amount does not determine demand validity, legal acceptance of an exclusion, payment or collection.
Preparing compensation valuation and application-delay evidence separately helps make the outstanding questions clear.
Open the land compensation calculator →