연구 요약
연구 요지 (AI)
택지개발 과정의 손실보상과 집단민원 실태 및 해소 방안을 연구했다.
초록
This study is conducted, seeing the collective civil appeals that are made in various ways as our society is getting diversified, to search out for the way how to efficiently minimize the collective civil appeals, which may harm the national economy if it causes the implementation of public projects such as residential land developing projects to be handicapped. This study is aimed, especially, to search out for a solution to prevent civil appeals that may arise out of a new residential land developing project by analyzing the characteristics of the cases of civil appeals for compensation among the collective civil appeals arising out of residential land developing process.
Those who reside on the land needed to secure public land for development of residential land shall be compensated as a Just Compensation specified in Constitution. It is, however, disputed to clearly specify and identify the limit and content of the Just Compensation. This study is, therefore, focused on a theoretic thought on the compensation content regarding the whether the compensation for residential land development is categorized in the Just Compensation and on the content of relevant civil appeals.
"Juckjeon, Yongin", "Dongtan, Hwasung" and "Pankyo, Sungnam", the recent representative project districts of Korea Land Corporation, were selected as case districts for this study, and analyzed on their state of civil appeals arising out of residential land developing process in terms of field and year and on the cause of collective civil appeals, characteristics of compensation appeal and thoughts of the residents collectively appealing. In terms of the causes of such collective civil appeals, this study result indicates as follows: Firstly, such collective civil appeals are based on the rapid industrialization of our society.
The economic growth focused policy has caused our social system to grow in unbalanced way and through unbalanced distribution of wealth. Secondly, it is based on confrontation for profit. As industrialized, our society changes dynamically. The differentiation, diversification and rapid change of our social system make our society more complicated. Third, it is based on pursuit of change and resistance. Our society rapidly changing has both pursuit of reform/change and pursuit of tradition/maintenance, which trigger the collective appeals to increase.
In terms of the characteristics of compensation civil appeal, this study result indicates as follow: Firstly, the civil appeals for compensation of movement and house-distribution were 428 cases among 620 civil appeal cases that had arisen in such 3 case districts, which accounted for 62.03% of the total number of cases. As the second characteristics, the residents collectively appealing for compensation asked for earlier compensation / realistic compensation price, extension of residential land to move, sales to flower farmers / factory owners, establishment of housing complex for movers and etc.
It is analyzed that they want be compensated in such ways set forth based on mainly their worry that the actual compensation price is calculated by official land price which is much lower than the real price. Third, as a compensation for movement, they asked for supply of residential land for unregistered building owners to move, extension of supply size and etc.
Forth, as a compensation for tenants, they refused the inspection prior to establishment of compensation standard and asked for cancellation of residential registration censorship against residents of illegal buildings so that the relevant tenants could be registered in residential registration; right for tenants to move into 32-pyeong-level rental apartment; compensation for non-voluntary illegal tenants; job based compensation for various kinds of job organizations; distribution of land for living; and etc, which were all big troubles to solve.
『Questionnaire-Survey on Thought of Collective Civil Appeal』was conducted focusing on the basic viewpoint, general opinion on compensation and feeling on collective appeal of those who were to be compensated, general residents and experts who led the compensation appeals. This survey indicates as follows: Firstly, the questioned people are negative on the compensation because the opinions unsatisfied on the compensation amount account for 60.35%. Secondly, the reliability of appraisal is low because the opinions that it is fair to decide the amount assessed by appraiser as the compensation amount account for 28.81%.
Third, the feeling about the collective appeals has changed because the opinions that the collective appeals shall be endured even if their claims are acceptable account for 36.75% in 2005, whereas such opinions accounted for 72.0% in 1990. Based on such causes of collective appeals and characteristics of compensation appeals set forth above and status of thoughts indicated in the survey on the residents' thoughts on collective appeals, I would like to suggest the statutory/systemic solutions as follow: Firstly, the collective civil appeals shall be prevented in advance. For this, first of all, the participatory and open administration shall be enforced.
For, the positive participation of relevant bodies shall be induced to solve the cause of compensation related collective civil appeals in advance. Secondly, the reflection and publication of residents' public opinions shall be built up.
For the residential land developing project which may face collective appeals in many ways, the future developing direction, countermeasure for moving, compensation method, etc should be fully deliberated with the relevant local government through an explanation meeting that consists of relevant bodies, project carrier and relevant civil officials and the preliminary plan should be decided through public hearing, local meeting, explanation meeting, etc before the developing plan is approved. Besides, the preliminary/follow-up environmental assessment shoul
발행 정보
2005. 성균관대학교 국내석사 학위논문