수용보상제도의 변천·왜곡과 주요 기본권침해내용에 관한 연구

다국어 초록 (Multilingual Abstract)

The main purpose of this paper is to review how the practice of the power of eminent domain has infringed on the property rights which is constitutionally warranted.
Accordingly, extensive study was done on major amendments made on the Condemnation Law since its enacting in 1962 as well as cases regarding with it.
It focuses on the following issues ;
It deals with that, when there is a publication of an acquiring authority about an implementation plan of a project(or a program) undertaken by him in the course of applying mutatis mutandis the provisions of the Condemnation Law, his approval of the project(or the program) be made and publication thereof as referred to the conformation that can be exercised the power of eminent domain for public uses, of the Minister of Construction and Transportation, 「the Due Process Clause」 protected by the Constitution shall be infringed on in eminent domain proceedings.
And it also deals with the fact that if an increased value for some potential use or development (a prospective value also included) in estimating compensation therefor to be paid by the public entity may be excluded, it can not be a full and exact equivalent for the property taken, and unless a full and exact equivalent for it be returned to the owners, it shall breach the Just Compensation demanded under the Constitution.