http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
- 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
- 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
RISS 인기검색어
- 검색키워드
- 저자 : 이익선(Lee Ik Son) (검색결과 1 건)
- 무료
- 기관 내 무료
- 유료
-
이익선(Lee Ik Son) 국민대학교 법학연구소 2008 법학논총 Vol.20 No.2
After Korean war, personal right of property was foraged by national compulsion with the purpose of national security and army as the status of confrontation South with North was ongoing, but there was not righteous compensation for it. As government compensated them with government securities not with cash cause of difficult national finance, it caused damage to the owners with property. So government established ‘a special law for arrangement to foraged property’ to secure the right of repurchase ensuring regain of their property when the military necessity was over, so as to minimize damage of owner's property who received government securities. They also ensured the right of repurchase for those whose right was already expired by establishing a special law beneficially. Nevertheless, government led the military facilities and U.S army base to move after extinction of the right of repurchase so they cut off the right of repurchase having constitutional meaning. Therefore I examined legal ground based on the restoration of ownership to foraged real estate with the awareness above and consulted the rule of the right of repurchase in the positive law, its operation, and problems through comparative review. I suggested the results from these contemplation. Therefore when government offers a sale for the foraged real estate whose military purpose was off, they have to apply the rule that insists government have to get agreement of the original owners who have received damage of property for a long time by nation in the view that the public necessity and welfare exist on the righteous security of private ownership, so that the ownership can be restored. And when it is impossible for the ownership to be restored, the accordant right of claim for compensation has to be recognized, so that the ownership to be ensured as in clause 1 of article 23 of the constitution.
KCI
DBpia연관 검색어 추천
이 검색어로 많이 본 자료
활용도 높은 자료
