The purpose of this study is to improve the efficiency of public projects regarding indirect losses due to noise pollution, vibration damage, invasion of right to sunshine, etc. and seeks to find schemes to improve the indirect loss compensation syste...
The purpose of this study is to improve the efficiency of public projects regarding indirect losses due to noise pollution, vibration damage, invasion of right to sunshine, etc. and seeks to find schemes to improve the indirect loss compensation system.
The method of study include the consideration of theories related to indirect loss compensation based on research of relevant literature, reviewing existing relevant laws and systems, and deducing pertinent issues by analysing actual conditions and case law with respect to remedies for losses incurred by noise pollution, vibration damage, invasion of the right to sunshine, etc. In addition, a survey was conducted of experts(compensation managers, certified public appraisers) to inquire of the experts' overall awareness on the indirect loss compensation system. Based on the result of first survey, a second survey was conducted of experts(professors of real estate studies, compensation managers and certified public appraisers) to derive an improvement scheme for the indirect loss compensation system. At the conclusion, the improvement scheme is derived by determining the level of significance for each item of second survey through the analytic hierarchy process statistics analysis(AHP).
The analysis was conducted by implementing a frequency analysis by using the SPSS 18.0, a statistics analysis method, for the inquiry on the awareness of experts, and the AHP method was used to derive an improvement scheme for the indirect loss compensation system.
The major study results regarding the improvement scheme for indirect loss compensation systems for the improvement of efficiency of public projects are as follows:
First, establish a concept of indirect loss compensation and the range of compensation should be increased. In order to do so, the expansion of the physical and technical range for indirect loss compensation is required. To be more detailed, it includes compensation for noise pollution, vibration damage, etc., compensation for water sources, compensation for invasion of the right to sunshine and radio wave disturbance and compensation for construction works.
Second, a standard for calculating damages must be established. In order to do so, a systematic institutionalization is required by enacting and enforcing an official standard for calculating damages, and a systematic reformation is necessary for the designation and operation of a institution that calculates such damages.
Third, the establishment and improvement of indirect loss compensation related schemes are necessary. In order to do so, the written stipulation of such schemes through the enactment or amendment of indirect loss compensation regulations is necessary, and the scope and standards for indirect loss compensation should be set up for the standardization of the scope of indirect loss compensation, and situation variables must be considered when determining the endurance limits. Also, as a preliminary scheme to the enactment or amendment of laws relating to indirect loss compensation, there is a need for consideration of implementing a provisional compensation system by introducing and adopting similar foreign legislation.
Forth, convert from the concept of compensating damages to compensating losses.
Lastly, it is necessary to supplement loopholes in indirect loss compensation-related legislation, and improve the operational aspects to increase the efficiency of the carrying out projects and promptly solve any complaints through the flexible operation of the system. In order to do so, efforts to consolidate the institutions that receive complaints, investigate and determine losses, transfer the burden of proof and determination of losses and causal relationship to the violator.
Overall, the most pressing task at hand for improving the indirect loss compensation system is legislative changes. Furthermore, the conclusion of this study is that improvement efforts are required so that each project promoter or damage investigation or determination institution could carry out proper compensation and remedial works for violation of private rights within the current system as an alternative to resolve any issues arising out of the absence of relevant legislation.