도로부지에 대한 보상평가규정의 법규성

도로부지 보상평가 규정의 법적 성격과 평가 기준을 검토했다.

Provisions as to the evaluation of road bed went through a number of amendments, leading to the current regulations: Article 26 of enforcement regulations of the law on land compensation.

The law on Private land has it that private land shall be evaluated within a fifth and that defacto private-land sites shall be evaluated within a third of evaluated value of land in the vicinity and that the other road bed shall be normally evaluated.On the authority of the law on planning and using national land, the complex-partition streets established by the owner for himself or herself with a view to enhancing the efficacy of the streets as decided and notified public sites can be evaluated within a third in that they are to be regarded as de facto private sites for there are reason that they can be compensated at a price lower than the estates in the vicinity.In case the article is interpreted this way, the provision cannot but be an illegal order for its legal nature should be viewed as an order based on formalism.

This problem can be taken care of by working out an exceptional regulation which can ease the standards of exercising one's discretion decided as a form of legal order.(주제어) 공공시설용지, 도로의 개념, 도로부지, 보상평가방법, 법규명령형식의 행정규칙, 재량준칙