公共用地取得에 있어서 損失補償에 관한 硏究

공공용지 취득 과정의 손실보상제도를 연구했다.

Today urbanization, industrialization and globalization have been accelerated owing to the development of scientific technology including information communication technology and economy has been rapidly developed. Especially, localization has been extended by the execution of local autonomy system. Therefore, state, local governments and public organizations have extended acquisition of public sites and related businesses. Land of national real estates as of Jan.

1, 2001 is 15,721 hundred million ㎢, reaching 15% of the national territory, but public sites for public utilities are insufficient and since resistance of land owners against violation of their property rights has been strong in the process of acquiring public sites and countermeasures are urgently required.

Although a lot of researches on legal principles and systems of loss compensation from the acquisition of public sites by state, local governments and public organizations have been made, research of acquisition methods of public sites and legal principles and systems of loss compensation from acquisition of public sites, suggestion of policy alternatives and harmony of public and private interests is relatively insufficient.

In addition, though it is desirable that public works agent acquires public site by the consultation with private land owners, enterprise must pay compensation or place money on deposit when it acquires public site coercively or a decision by land expropriation committee under jurisdiction is made. When enterprise didn't pay compensation or place the money OM deposit, effect of expropriation decision would be lost and it might cause a great damage to carry out public utilities.

In addition, since there are separate special regulations such as urban planning law and laws of industrial location and development based on the National Property Law and Local Finance Law related to acquisition of national and public sites which will be incorporated into public work district in order to handle problems related to acquisition of public sites, there have been continuous conflicts between public work agencies and property management offices due to a gap in their legal interpretations.

Accordingly, this study investigates the legal principles in the process of public site acquisition and is to devise method to ensure private property rights and efficiency of public site acquisition by public works agencies from the viewpoint of harmonizing public and private interests. From such a viewpoint, this study is composed of these; Chapter 1 is introduction, Chapter 2 is general principles of public site acquisition, Chapter 3 is foreign legislative cases of public site acquisition, Chapter 4 is legal principles of loss compensation, Chapter 5 is problems and improvements of loss compensation system for public site acquisition and Chapter 6 is conclusion.