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김철용 건국대학교 1970 學術誌 Vol.11 No.1
In proportion as public enterprises increase infinitely and are on a large scale according to the National Land Development Plan, it arouses a difficult problem of solving how to acquire the public lands required. It goes without saying that for acquiring the public lands required, the Land Expropriation Act which is practically the fundamental law of lavas concerning expropriation is arranged. It is a question that in the face of a new situation like public enterprises increase infinitely and are on a large scale, the Land Expriation Act which is enacted without expectation of the new situation of today's can exhibit it's original function, which adjusts public interest and private interest, to some degree, as expected. It is said generally that the Land Expropriation Act doesn't exhibit its original function as expected. It's evidence are as follows : 1) Enterprisers don't put the Act to practical use. 2) On the occasion of putting it to practical use, enterprisers don't want to acquire the public lands required compulsorily, but want to acqire them by mutual consent with landowners etc. Therefore I think that it is very important to consider a counter-measure which the Act can exhibit sufficiently it's original fuction. Such counter-measiures as I think fit is as follows : 1) It must be taken a maesure for lightenning the burden of compensation which enterprisers ought to indemnify landowners etc. I think it is possible to find out some proper measures. And I think that the most important measure of them is how to expected profit by carrying on public enterprises from compensation. But this measure has a difficult problem, for it must be inquired into whether the measure which excludes the expected profit from compensation is permitted or not in connection with our constitution. 2) It must be taken a measure for protecting rights and property of landowners etc. It is obvious that the excessive valuation of compeneation is not favorable for our poor finance. But we can not allow to infringe upon rights and proprety of landowners etc. 3) I think it is valuable to consider the simplicity of the procedure concerning the expropriation. But it has difficult problems practically. 4) I think it must be standardized the basis of compensation. And it must be applied to estimating the compensation of lands acquired compulsorily as well as to estimating the value of lands acquired bymutual consent with landowners etc.