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강신은(Shin Eun Kang) 중앙법학회 2010 中央法學 Vol.12 No.3
Because of Youngsan disastrous accident, we take a profound interest in town redevelopment project and residing redevelopment project etc, especially in migration measures for residential and commercial building`s tenant in redevelopment site. Generally we think that the developer for redevelopment project has to plan migration measures, but in redevelopment projects it has to be reconsidered. Because redevelopment project uses method of public changing rights for new ones. Expropriation plays only a secondary role. To systematize migration measures in redevelopment projects, we need to review the purpose and contents of "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents". So I present new approach to migration measures in redevelopment projects by analyzing "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents" and "Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor" that is a general law.
최종관(Jong Kwon Choi ),강신은(Shin Eun Kang) 중앙법학회 2015 中央法學 Vol.17 No.3
「Act on acquisition of and compensation for land, etc. 「 for public works projects」(AACL) provides that project operator acquire and compensate for land etc. for public works projects. AACL, provides things in takings jurisprudence, is different from Civil act. Because the concept of things is messily provided, things is understood and provided in classified as things of in a narrow sense, obstacle, things of in a broad sense There is the opposition between relocation principle and acquisition principle for compensation of obstacle. AACL adopted the relocation principle. In view of the compensation practice and realistic changes for obstacle, however, relocation principle must be changed to acquisition principle. In case obstacle was determined a price compensation and given a relocation decision, the Supreme Court judged that project operator can’t acquire ownership. But project operator can remove obstacle at his ownexpense and owner must endure removal. Therefore, in case he did not acquire ownership and has lost obstacle, he did nor burden liability for damages. Even if the Supreme Court reached a right conclusion denying liability for damages of project operator, the process was not squarely logic leading to the conclusion. It was originated from illogical and unsystematic AACL. So the provisions of the takings and compensation for obstacle will be logically and systematically improved.