宅地開發過程에서의 損失補償에 따른 集團民願 實態分析 및 解消方案 = Fact-research and solution for collective civil appeals to compensation arising out of development process of residential land

다국어 초록 (Multilingual Abstract)

This study is conducted, seeing the collective civil appeals that are made in various ways as our society is getting diversified, to search out for the way how to efficiently minimize the collective civil appeals, which may harm the national economy if it causes the implementation of public projects such as residential land developing projects to be handicapped. This study is aimed, especially, to search out for a solution to prevent civil appeals that may arise out of a new residential land developing project by analyzing the characteristics of the cases of civil appeals for compensation among the collective civil appeals arising out of residential land developing process. Those who reside on the land needed to secure public land for development of residential land shall be compensated as a Just Compensation specified in Constitution. It is, however, disputed to clearly specify and identify the limit and content of the Just Compensation. This study is, therefore, focused on a theoretic thought on the compensation content regarding the whether the compensation for residential land development is categorized in the Just Compensation and on the content of relevant civil appeals.
"Juckjeon, Yongin", "Dongtan, Hwasung" and "Pankyo, Sungnam", the recent representative project districts of Korea Land Corporation, were selected as case districts for this study, and analyzed on their state of civil appeals arising out of residential land developing process in terms of field and year and on the cause of collective civil appeals, characteristics of compensation appeal and thoughts of the residents collectively appealing.
In terms of the causes of such collective civil appeals, this study result indicates as follows:
Firstly, such collective civil appeals are based on the rapid industrialization of our society. The economic growth focused policy has caused our social system to grow in unbalanced way and through unbalanced distribution of wealth.
Secondly, it is based on confrontation for profit. As industrialized, our society changes dynamically. The differentiation, diversification and rapid change of our social system make our society more complicated.
Third, it is based on pursuit of change and resistance. Our society rapidly changing has both pursuit of reform/change and pursuit of tradition/maintenance, which trigger the collective appeals to increase.
In terms of the characteristics of compensation civil appeal, this study result indicates as follow:
Firstly, the civil appeals for compensation of movement and house-distribution were 428 cases among 620 civil appeal cases that had arisen in such 3 case districts, which accounted for 62.03% of the total number of cases.
As the second characteristics, the residents collectively appealing for compensation asked for earlier compensation / realistic compensation price, extension of residential land to move, sales to flower farmers / factory owners, establishment of housing complex for movers and etc. It is analyzed that they want be compensated in such ways set forth based on mainly their worry that the actual compensation price is calculated by official land price which is much lower than the real price.
Third, as a compensation for movement, they asked for supply of residential land for unregistered building owners to move, extension of supply size and etc.
Forth, as a compensation for tenants, they refused the inspection prior to establishment of compensation standard and asked for cancellation of residential registration censorship against residents of illegal buildings so that the relevant tenants could be registered in residential registration; right for tenants to move into 32-pyeong-level rental apartment; compensation for non-voluntary illegal tenants; job based compensation for various kinds of job organizations; distribution of land for living; and etc, which were all big troubles to solve.
『Questionnaire-Survey on Thought of Collective Civil Appeal』was conducted focusing on the basic viewpoint, general opinion on compensation and feeling on collective appeal of those who were to be compensated, general residents and experts who led the compensation appeals. This survey indicates as follows:
Firstly, the questioned people are negative on the compensation because the opinions unsatisfied on the compensation amount account for 60.35%. Secondly, the reliability of appraisal is low because the opinions that it is fair to decide the amount assessed by appraiser as the compensation amount account for 28.81%. Third, the feeling about the collective appeals has changed because the opinions that the collective appeals shall be endured even if their claims are acceptable account for 36.75% in 2005, whereas such opinions accounted for 72.0% in 1990. Based on such causes of collective appeals and characteristics of compensation appeals set forth above and status of thoughts indicated in the survey on the residents' thoughts on collective appeals, I would like to suggest the statutory/systemic solutions as follow:
Firstly, the collective civil appeals shall be prevented in advance. For this, first of all, the participatory and open administration shall be enforced. For, the positive participation of relevant bodies shall be induced to solve the cause of compensation related collective civil appeals in advance.
Secondly, the reflection and publication of residents' public opinions shall be built up. For the residential land developing project which may face collective appeals in many ways, the future developing direction, countermeasure for moving, compensation method, etc should be fully deliberated with the relevant local government through an explanation meeting that consists of relevant bodies, project carrier and relevant civil officials and the preliminary plan should be decided through public hearing, local meeting, explanation meeting, etc before the developing plan is approved. Besides, the preliminary/follow-up environmental assessment should be strictly implemented.
Third, the prior briefing system for civil appeal should be introduced. For the project involving and being largely interested by many of residents or the civil appeal that may arise out of city plan, land receiving, etc, the residents' opinions should be reflected in the policy by hearing their opinions through prior briefing. The methods for prior briefing as a main policy for a project relevant people includes notice, local meeting paper, publication through paper sending, public hearing, talk, explanation meeting and etc.
The compensators should reform their work and prepare statutory/systemic devices as follow:
Firstly, in terms of specialty, the compensator should understand the basic content of Residential Land Developing Promotion Decree and memorize content of Land Compensation Law and the other relevant Decrees and Acts.
Secondly, in terms of morality, the compensator should have the attitude to make her/his best efforts so that the principles of equality, proportion, reliability based protection, etc can be observed in implementation of the relevant project.
Third, it is necessary to search out for a realistic land receiving compensation method. Any of methods to truly protect the nation's property rights should be searched out for by introducing alternative compensation system that makes it possible to be compensated in the ways other than cash or bond or by introducing the comparison system of transaction cases for the land appraisal process.
Forth, the cost for tenants' resident should be supported. The current Land Compensation Law regulates that the tenants who are to move shall be supported for the 3-month residential cost in accordance with number of their family members. Its administrative regulation, however, regulates that such residential cost shall not be supported if the relevant tenant has received a right to move in a house in accordance with another decree. It is, therefore, recommendable to give the relevant tenant the 3-month residential cost as well as the priority to move in a rental house.
Fifth, the concept of the loss-compensation based Just Compensation should be renewed. Korean Constitution declares the principle of Just Compensation regarding the compensation, stating 『Receiving/Use or Limitation of Property Rights needed for public use and Relevant Compensation must be done in accordance with relevant law, and the compensation must be paid in a just way』. A united opinion has not yet set for such Just Compensation. It is, therefore, required to renew the concept of Just Compensation by maximizing such concept so that a perfect compensation can be made for the relevant body beyond the current concept.
Sixth, it is necessary to bring up the organization specialized in compensation, which is regulated in Land Compensation Law. Currently, several organizations specialized in compensation are appointed including Korea Land Corporation and etc. They are, however, not regulated on detailed items such as their position, education and etc. Such organizations should be, therefore, brought up being specifically regulated in their courtesy, position, education and etc so that the effective compensation can be smoothly made.
Finally, the compensation standard should be revised on those who are compensated in small amount. Land Compensation Law regulates that the compensation amount must be 3million KRW if a residential building and its relevant land are assessed in 3million KRW or less in total. It will be, however, a realistic compensation to upgrade such amount to 15million KRW for the householder whose residential building and land are assessed in 15million KRW or less in total. This suggestion is fair in terms of equity compared with the Metropolitan congested area based prior reimbursed amount specified in House Lease Protection Law, which is 16million KRW.
Based on such study results set forth above, this study has suggested how to solve the collective civil appeals for compensation arising out of residential land developing process. The collective civil appeals often go to demonstration because many people are involved and grouped. Most of collective civil appeals have been solved based on the state, public opinion, residents' emotion, etc of the relevant project site. It is, therefore, necessary to make a positive and convenient foundation for the people to freely appeal their claims with the negative thought of collective civil appeals dismissed.

목차 (Table of Contents)

• 차례
• 제 1 장 서론 = 1
• 제1절 연구의 목적 = 1
• 제2절 연구의 대상과 범위 = 3
• 1. 연구의 대상 = 3
• 2. 연구의 범위 = 4
• 제3절 연구의 방법 = 5
• 제 2 장 연구의 이론적·제도적 배경과 분석의 틀 = 9
• 제1절 택지개발에 따른 손실보상의 내용 = 9
• 1. 토지의 보상 = 9
• 2. 토지이외의 재산권보상 = 10
• 3. 부대적 손실보상 = 11
• 4. 생활보상 = 12
• 5. 기타 간접보상 = 12
• 제2절 택지개발에 따른 손실보상의 유형 = 13
• 1. 토지등 재산권보상 = 13
• 2. 부대적 손실보상 = 15
• 3. 협의양도인 택지 = 15
• 4. 생활보상Ⅰ(가옥소유 이주자) = 16
• 5. 생활보상Ⅱ(세입자) = 17
• 6. 생활대책 = 18
• 제3절 현행 손실보상제도의 운영상의 문제점 = 19
• 1. 수용 및 보상절차의 복잡화 = 19
• 2. 보상기준의 다양화 = 20
• 3. 토지평가에 대한 불만 = 21
• 4. 사업시행에 따른 홍보부족 = 21
• 제4절 분석의 틀 = 22
• 제 3 장 택지개발에 따른 집단민원의 실태 = 24
• 제1절 집단민원의 사례분석 = 24
• 1. 사례지구 현황 = 24
• 2. 사례지구별 보상현황 = 30
• 3. 사례지구별 민원현황 = 33
• 4. 집단민원을 선도하는 이익집단 = 46
• 제2절 집단민원에 대한 인식 및 실태 = 53
• 1. 보상에 따른 주민의식 = 53
• 2. 집단민원(행동)에 관한 주민의식 = 56
• 3. 설문에 대한 결론 = 61
• 제 4 장 손실보상과 관련된 집단민원의 해소방안 = 63
• 제1절 집단민원의 사전적 예방 = 63
• 1. 참여행정 및 공개행정의 실천 = 63
• 2. 법적·제도적 개선방안 = 64
• 3. 주민여론 반영 및 홍보활동 강화 = 67
• 4. 민원사항에 대한 사전브리핑 제도 = 68
• 5. 민원해소의 사후 관리방안 모색 = 68
• 제2절 보상주체의 업무개선방향 = 70
• 1. 보상담당자의 자질향상 = 70
• 2. 민원처리 담당자의 책임 회피적 질의회신 지양 = 71
• 3. 보상담당기관 상호간의 유기적 협조체제 확립 = 72
• 제3절 집단민원 개선을 위한 법적·제도적 보완 = 73
• 1. 토지보상법등의 보완정비 = 73
• 2. 적정보상가 산정방법 개선 = 74
• 3. 현실적인 토지수용방안 모색 = 77
• 제 5 장 결론 = 79
• 제1절 연구의 요약 = 79
• 제2절 정책제언 = 83
• 제3절 연구의 한계 및 향후 연구과제 = 86
• 참고문헌 = 87
• ABSTRACT = 90