公共用地 取得에 따른 損失補償制度에 관한 硏究

공공용지 취득에 따른 손실보상 제도와 사유재산권 제한을 연구했다.

When we consider our real situation that Korea has concentrated his energy on bringing up the richness itself rather than distributing the richness to the rapidly growing of economy with overall development of territory for rational and intentional use, in the procedure the right of private property has been limited or infringed under the idea of the public good and people have thought that they should help the public works. The loss compensation due to the acquisition of public land should be correspondent to protecting the owner's interest and propelling the public enterprises smoothly. So it is necessary that public benefit and private benefit should be harmonized properly.

As people's protection of property has been strengthened with economic growth, the manner and standards of estimation of the compensation system have been revised whenever they were needed to amend or problems were brought up. Nowadays the compensation system becomes so various and the kind, size and time of the public enterprises vary, and then it is insufficient to apply uniformly. We try keep the actual state of the compensation system and the equilibrium of compensation, and the actual problem is showed that we should try to compensate for the poor's lives fundamentally carrying out side by side the social well fare administration which is the social policy level going forward 2000's.

Compensation problems m the existing loss compensation system in connection with the acquisition of public land, which separately come from the kind of public enterprises, the size of enterprises. enterpriser and carrier of enterprise, the time of carrying out, are so various that we deal with the part of being necessary of revision because of the limit of this research. In other words, the core of the research is as follows.

First, I will deal with the organization of compensation council which can carry out the meditative role of adjustment, understanding persuasions and conference demanding in advance, so that the owner of land and the carrier of enterprise may discuss about the compensation problems. Secondly, I will deal with the problems of the point of time of the value depended on the calculation period of the compensation amount which is the standard of the compensation estimation amount recently becoming the major issue.

Thirdly, We will deal with the actual conditions and problem of ownership confirmation note for the special case registry which is the system of the refief measure for actual owner of land having good faith and fairness who must follow a procedure of the expropriation of land about the property of preservation. Before-registry or inheritance before-registry. Fourthly, I will deal with problems of the standard of business compensation classified by the kinds of stock owing to the range of stock raising and the subject for compensation in connection with the policy for the promotion of stock breeding as to the business compensation of the stock raisint.

Therefore, the improvement measures suggested in this study are as follows. First: As fot the managing and organizing the compensational council.(l) to high ten the specialty and representativeness of council,(2) to make it an obligation to establish the council,(3) to strengthen the voting right of council(4) to make it reasonable to operate to council. Second: As for the point of time of the value depended on the calculation period of the compensation amount.(l) to unify the calculation period of the compensation amount and the point to time the value,(2) to shorten the available period of the estimation papers.

Third: As for the issue of ownership confirmation note for the special case registry.(l) to strengthen the certification of documentary evidence at the time of issue of ownership confirmation note,(2) to prevent the leak of the tax funds. Fourth: As for the business compensation of stock raising.(l) to keep the consistency with the policy for the promotion of stock breeding,(2) to solidify the standards of the subject for the compensation of stock raising business, (3) to suggest the improvement measures by the fixed period of business compensation classified by the kind of stock and making the standard of the rate of the loss due to the sale.

Although the very good system is made in the compensation, the carrier and residents should be cooperative in saluting the problem for effectiveness. The technique of loss compensation should be studied concretely and deeply by enterprise analyzing the actual conditions of the public enterprises system through such procedures and problems linked up with the policy of territory.