수용보상제도의 합리적 개선방안

Abstract

The current society has carried out many public undertakings to achieve the aim of nation, welfare business or public interest business as a welfare nation, and the most subject of the public undertakings are individual land. Many public undertakings are being driven in order to improve the economic structure of high expense and low efficiency on the whole scale according to the development of industry and the urbanization, to expand the infra facilities for the balanced development of the space, and to construct the planned city space by the development plan. This research, based on the dispute that the public infringement on property right causing the loss compensation related to the acquisition, acceptance and utilization of this public interest business land differentiates the special sacrifice and the social restrict by what standard for the public need or the public interest, discussed the theoretical study about this within the theory about the expropriation compensation on the executive law and within the special land expropriation law. Though the expropriation compensation system of our nation has developed gradually, the waste of excessive budget according to the delay of the business schedule with the land securing being difficult at proper time owing to the friction caused by the property right infringement of land expropriation between land owners within the business area and the expropriation performer occurs during the land expropriation procedure. And the main factors is as follows. Firstly, when the continuous land price rising due to the land development business of neighboring living area including the business area is expected according to the public interest business, one factor is the repulsion about the relative fairness which excludes the interest relatives and the expropriation land owner from the development profit the owners of neighboring area have and comes from requiring a special traits to the owners of neighboring area. Secondly, while in the commercial area or residing area of city in which trading and leasing are frequent the compensation valuation somewhat reflecting the market price, in case of farmland or forest land in which trading is rare the amount of compensation valuation may be short of reality for the public announcement land price can't reflect adequately the trading price. Thirdly, when the loss of development is expected by establishing the facilities recognized as so-called disgust facilities, by the development opposing to the tradition or customs(the cutting of Hyul based on the theory of configuration of the ground, ancestral burial ground), and by the change of living surroundings and the environment destruction owing to the development. the repulsion of neighborhood expecting damages is a factor. Fourthly, the other factor is the properness of compensation valuation, the reasonableness, the shortage of professional workers and public interest business budget with the contradictory regulation on the compensation law or the law system. Finally, though it is important to improve suitably to the reality through the improvement of the compensation law or the law system, it is also more important to find a wide countermeasure for the fundamental problem resolution with the improvement of the expropriation compensation system. I looked around the content and structure of the land compensation law newly enacted in this view at chapter 4. It seems that the legislative purport should be valued high in that it wiped out the two-dimensional compensation law system by correcting the detail matters according to the so-called step-by-step innovation theory and confirmed the one-dimensional compensation system. However I think that the new land compensation law can't accept and resolve all the problems suggested before. I pointed out some problems as follows about the new land compensation law. Firstly, it does not sufficiently reflect the interest relation of the parties in relation to the business recognition system as a core procedure among the compulsory acquirement procedures. Secondly, it does not sufficiently arrange the regulation of the special law about the business recognition business which depreciates the purport of business recognition system. Thirdly, it remained the so-called "the exchange system of the public interest business" which practically makes the right of repurchase useless. We, focusing on the performing of the right compensation, and the efficiency securing of the people's right protection and the public interest business performing, should improve the content of the development plan more realistic and concrete, and it is expected that some problems about the expropriation compensation system will be gradually improved by correcting the detail matters according to the step-by-step innovation theory.