연구 요약
연구 요지 (AI)
남강댐 사업 사례를 중심으로 토지 수용 손실보상의 문제와 개선책을 연구했다.
초록
South Korea is no more than 99,222㎢ in area and 66 percent of the nation is occupied by mountains. The structure of land use is in a poor shape and the special characteristics of limited land pose a major problem between the property rights of individuals and public interest in implementing public projects. It is natural that privately-owned land should be incorporated so as to achieve public objectives and that landowners and public enterprises should be at odds with each other. Modern welfare states should have to protect both public interest and individual property rights.
In this context, the following problems take place: to what extent is the government responsible for private property rights; how much compensation should the government make and for whom should it make reparation? The Special Law on Public Land Acquisition and Loss Compensation, the Loss Acceptance Law and other special laws, South Korea's foundations for the current land compensation system, leave something to be desired in terms of foundations for making correct compensation, much less the systematic devices appropriately applied to the features of each public enterprise.
This leads to constant public grievances from the places where public enterprise is conducted, creating an obstacle to public projects. It is difficult to specifically quantify the losses of individual property rights incurred by large-scale public enterprise including dam projects. The related views and determination of compensation remain widely divided. It is necessary in this context that problems with the present conditions of compensation should be analyzed and that alternatives should be promptly presented.
The study is designed to take a look at the current situation of the loss compensation system and to deal with problems with the reinforcement work of Nam-river Multipurpose Dam in which I was once engaged. It is also aimed at figuring out the definition of legitimate compensation for the infringement of property rights, working out innovations and applying it to real practices. This research will hopefully contribute to a proper understanding of the loss compensation system for the benefit of those who get compensation as well as supporting the practical business of compensation affairs.
As far as the compensation of the reinforcement work of Nam-river Multi-purpose Dam is concerned, it encompasses all the cases in terms of the extent of enterprise and the kinds of compensation unlike such narrow areas as roads. As the problems drawn from the findings of the research are similar to those of other projects, the generalized findings can be applied to practical business.
발행 정보
2002. 경상대학교 국내석사 학위논문