토지보상법에서의 손실보상액 결정방법 = The Method to Decide the Indemnity for Losses of Act on Acquisition of and Compensation For Land, ETC. for Public Works

다국어 초록 (Multilingual Abstract)

There have been frequent expropriations of lands due to recent housing land development projects in large scale. Since the expropriatee deserves his rightful compensation according to the Constitution and Act On Acquisition Of And Compensation For Land, ETC. For Public Works, he is to receive his loss compensation based on the agreement with the project operator or, if failing to reach such an agreement, based on the decisions made by the project operator and the Land Commission. However, in case the land owner chooses not to agree with the amount or the object of compensation proposed by administrative agencies such as the Local Land Commission, Act On Acquisition Of And Compensation For Land, ETC. For Public Works defines the procedures in which the land owner files an objection to the Central Land Commission and the procedures in which he files an administrative litigation or a litigation for demanding increase of compensation, which is a party litigation. Also, even if the land was not included among objects of expropriation when the announcement for the project approval was made, but the remaining land is to lose its utility due to the main expropriation of other lands, the expropriate may demand for expropriation of that remaining land; since the legal nature of such a demand corresponds to that of a litigation for increasing compensation, the lawsuit should be made with the project operator as the defendant. Because the loss compensation determined by the Central Land Commission and the court relies heavily on an appraisal made by appraisers due to practical reasons, not only acknowledgement of the appeal procedures is required, but examining the appropriateness of the appraisal made is also necessary.