In this study, it is to ensure the efficiency and fairness of the system to derive the problems of land expropriation decision system focused on the Gyeongsangnam-do Local land expropriation committee.
Land compensation methods that can be forced to...
In this study, it is to ensure the efficiency and fairness of the system to derive the problems of land expropriation decision system focused on the Gyeongsangnam-do Local land expropriation committee.
Land compensation methods that can be forced to accommodate the property rights of individuals for the common good business, because there is a side to unduly infringe upon the people's property rights, it is necessary to severe restrictions that eminent domain system is a national effect to bring, because corresponding, through the problems of the eminent domain system of fat land expropriation committee, taking into account both the public interest and the private interest, there is its significance to prepare a reasonable improvement measures.
For this reason, as was studied prior to the center of the Gyeong sangnam-do Local land expropriation committee, it is possible to point out the problems of the eminent domain system of local land expropriation committee in the following manner.
First of all, is recognized as a public utility to the applicant prior to the issue of the decision, this is expropriation to the special provisions of the application deadline of business and certification decision by the specific identification method is abuse, legally ambiguous sincere consultation enforcement of standards and business thing that has not been made strict limits only for the eminent domain of the application rights and procedures and requirements of the eminent domain application to be recognized person.
The second in the decision in the application and subsequent problems with fully reflect the opinions of the owner of the committee proceedings at the time of the land, there is a limit to confirm the consultations of the business enforcement person, eminent domain of land expropriation committee there has been defined in the law, there is a practical problem of the calculation criteria limit the compensation in the range of eminent domain.
As a matter of fact on the substantive rights Relief System of the owner of the land for the third to start right remedy that the opposition and the administrative litigation is corresponding to the principle of the stop of the executive as a problem of the right remedy for ruling it is that does not have the effect of.
To overcome the overall problems and limitations of eminent domain system of these fat land expropriation committee, the improvement plan, which it is possible to ensure the efficiency and fairness is proposed as follows.
First of all, as a remedy of the problems and limitations of the previous application of the decision, to prepare the development of institutional standards of public business certification, abolition of land expropriation exclusivity ensure the government, the deadline special provisions of the eminent domain application, nationwide such is to be sincere strengthening consultation standards prepared with the decision application procedures and requirements.
Committee legally guarantee the opportunity to participate in such as land owner as a remedy for the problems and limitations of the decision application later in the second, to adopt a party principle in which the oral argument principle to principle in psychology procedure it is to convert to a democratic direction, such as.
In addition, the authority that it is possible to expand the scope and authority of local land expropriation committee of the ruling, to grant restricted deliberation authority of business certification, deal with the subject of the decision of the Commission for the various claims of land owners and the need to expand and grant is intended to enable the increase eminent domain of compensation and allocation system of development benefits for the public utilities.
By extending the billing period of objection application and administrative litigation as a remedy of right relief of the expropriation decision in the third, it is to convert the principle of limiting the enforcement stop the current enforcement unit stop principle.