公營開發事業의 맞춤補償에 관한 硏究

공영개발사업에서 맞춤형 보상 제도를 연구했다.

A Study on the Customized Compensation for Public Development Projects Park, Yong-Han Department of Real Estate Graduate School, Kangwon National University ABSTRACT Korea has made great economic growth by promoting continuous economic development policies, and as a result of it, rapid urbanization and industrialization have been made. Under this circumstance, the demand of lands for housing, factories, and public facilities has increased, and in order to meet with this demand, public development projects have been driven in accordance with the Residential Site Development Promotion Act.

However, public development projects use and expropriate personal lands in the process of their performance, so they have caused conflicts with land owners. In order to solve this problem, the government revamped the legislation of loss compensation. However, many people under compensation have been still dissatisfied with compensation for loss and this dissatisfaction has appeared in various ways, such as conflicts and civil petitions. This study intended to find out a solution to the problems with compensation. For this, it reviewed the existing previous researches and examined the current status of compensation and civil petition, and the problems with compensation.

And further, through questionnaires, it analyzed the behavioral types of compensation. The analysis of the behaviors regarding compensation showed that most of them agreed with housing development projects, but more than half of them were dissatisfied with compensation. Details of their dissatisfaction were; low compensation money; poor settlement and living measure. This study purported to prepare customized compensation which is a way to solve the problems with loss compensation in advance and to smoothly promote public development projects.

For this customized compensation, basic directions should be established, such as application of living compensation principles, residents’ active participation in the steps of development and compensation, and diversification of development and compensation methods. For this, first, it is necessary to legally stipulate living compensation. At present, the Act on Land Compensation does not have unified living compensation principles so it is necessary to stipulate the principles in the Act and unify. Secondly, residents’ participation in customized compensation should be reinforced.

(1) Prior to the formulation of a development plan, preliminary survey and collection of information on the area to be developed should be carried out. (2) Residents’ participation in public development projects should be expanded. Exiting public development projects have been planned one-sided by project developers without residents’ involvement so conflicts with residents were serious. From now on, it will be necessary to establish a system that a development plan, in which residents participate from the step of planning, is formulated to prevent any conflicts or civil petition in advance in the early days of the development.

(3) A compensation council should be organized and stationed in a local municipal government and its sub-committee should be installed so a local municipal government's participation should be mandatory. By doing this, a local municipal government's attitude of not wanting to be involved in local civil petition like a third party and onlooker can be corrected, and a development project, in which residents, a local self-governing body, and a project developer participate together, can be operated so local problems will be smoothly solved. Thirdly, in order to diversify compensation methods, compensation in bond needs to be modified.

That is, compensation in bond should be optional, not mandatory, and the conditions for bond issuance should be improved too. In addition, escaping from compensation in cash, the government should think about expanding the supply of alternative lands and compensation in kind (i.e., buildings) should be introduced. Based on the establishment of the basic directions for customized compensation described above, this study suggested the processes of customized compensation for each party under compensation. For land owners, (1) application of the declared land price to appraisal for loss compensation should be improved.

That is, the difference between the declared land price and the current market price, and the standard date for the application of the declared land price should be reduced. The current declared land price is quite much different from the market price so compensation needs to be made based on the declared land price in which the market price is reflected. (2) For diversification of compensation methods, compensation in kind (i.e., alternative lands or buildings) should be introduced. (3) In the event that a land is transferred through discussion or is forcibly expropriated, additional reduction/exemption of the transfer income tax should be made.

(4) Compensation in bond for absentee landlord should be improved. (5) A house should be offered to a land transferor. For house owners and tenants, (1) the standard date, standards, and details of moving countermeasures, which are differently applied by individual law, should be legally stipulated. (2) For house owners, middle and large-sized apartments should be offered as a settlement measure; compensation in kind (i.e., alternative lands or buildings) should be made; and various types of sites, such as sites for apartments or block houses, should be supplied for settlers.

(3) For tenants, the size of rental apartments, which are offered to tenants, should be expanded to the size of a national house; settlement measures for tenants should be taken and the moving cost for residence should be covered for maximum 6 months. For merchants, commercial sites or neighborhood sites should be supplied as an alternative commercial spot. For those who close or change their business, active education/training (including job re