한계심도 이하의 지하공간 보상에 관한 연구 = A study on the compensations for Underground Space at Critical Depth Levels

국문 초록 (Abstract)

영문초록:Underground Space is called the last resources which remain to mankind. The life of mankind reaches the breaking point. the room of human life which has been used over the surface of the ground become increasingly to use the room of above and below surface of ground. the legislation which covers the life of above the surface of the ground reaches the breaking point in many aspects. the most serious problem has gradually raised its head. it is about the right of ownership in Civil law. It has been said that the boundary of ownership about the underground space extends infinitely in Continental law system. but the necessity has gained powers that the boundary of ownership about the underground space must be limited to the profit under the control in our civil law system. although the legislation has this demand peoples failed to adapt themselves to this legal surroundings because they cannot alter the concept of ownership influenced by Roman Civil Law.The effective use of ground-space will make the interest of public society increased. It is necessary that the step on the national scale must be taken for the public interest. there is one problem which is to be solved before this step. It has to be possible that the legislation makes the development of the underground space permitted under the conception of private ownership. Actually the legislation permits the development of private ground but there is a difficult problem that people can hardly accept the development of the underground space as it is for the efficiency in cost. the development of the underground space has spent the high cost but gained a little. For exemples if someone must get the ownership fo the ground when he wants to construct the underground facility which penetrates under the ground of the private ownership the cost may be higher than the profit of the facility. It is necessary that the legislation which permits the use of the underground space will be established. the purpose of this study is to take the rational scheme into consideration for the efficient public regulation. the structure of the underground space is regulated with respective to the use above the surface of ground to some of depth levels. but If we reach to some of depth levels we can find that the development of underground space may not affect the use above the surface of the ground because the man who have the ownership of the ground cannot develop the ground. it is possible that we conclude the right about the underground space differs from the right above the surface of the ground regardless of other titles. that is 'the critical depth levels of underground space'. the legislation about the critical depth of underground space help the owners and the developer come to cooperations with the developments of the grounds in developed countries, which contributes to the effective use of the grounds.It is said that the legisration related to the critical depth of underground space is necessary for the use of the right about the ground with the compensations for that. but the limitation of this study is the boundary which is limited to the compations for the critical depth of underground space chiefly in the public law.the legislation about the compensations for the critical depth of underground space in the public law is concentrated on the security of the private property so that the public interests may be maximized and the infringement of private interests may be minimized. the legislation about the compensations for the critical depth of underground space basically deals with the compensations for the worth of the ground and the special sacrifice about the use of the ground. the way to regulate the critical depth of underground space is resonable because the critical depth of underground space is connected with the surface of the ground. But the some depth below the critical depth of underground space cannot be regulated in the same way with the legislation of the critical depth of underground space because there are some problems in many aspects. Firstly, the depth below the critical depth of underground space has no resonable cause to claim the right about that because it has no available values to private persons. that is beyond the reach of ownership. accordingly it cannot be owned by a private person and be the object to compensate for.Secondly, according to article 23 of the constitution peoples are responsible for the sacrifices to the developments of the grounds in the boundary of private ownership to the degree for the public interests. In these cases, the compensations for the critical depth of underground space are not accomplished. the formation and the legal contions about the contents of ownership depend upon the intention of the legislator. the legislation about the compensations for the critical depth of underground space will have an effect on the legislation about the right below the critical depth of underground space. Consequently this study is important to solve the conflict between the interests and to accomplish the public interest in the development of the critical depth of underground space. this legislation needs to obtain the common sense about the compensations for the critical depth of underground space and take the prudent access