公共用地의 取得 및 損失補償에 관한 硏究 : 盆唐新都市建設에 따른 補償을 中心으로

다국어 초록 (Multilingual Abstract)

We can say that, up to now, compensation for land for public use whieh is ready to suffer a little popular complaint and a popular sacrifice for altaing a big object of national economy base construction and national economy development has based on development police of the gospel of efficency.
But now, time comes that the government pursues not only economic growth but also economic balance, the government must receive all people's increasing desire resulting from democratization for the national harmony and stability.
The compensation system has many problems and important contents being differently underlined according to type studied.
From this standpoint, We can classify compensation system problems of compensation price & people's concerned for the land merged, living security.
Compensation price is confined to be paid by normal compensation price except exploitation profit & speculation profit.
Because appraisal way of exploitation profit is not studied sufficiently, It is the fact that appraisal way of exploitation profit follows compensation price on the basis of market Price, thus conpensation price can possibly originate rise of land price, Production of speculative cause, Cost of public investment.
Way of fitting compensation price appraisal must be prepared as fast as possible.
So I want to conculucte this treatise summaring problems and improvement course of public land acquisition & loss compensation as followings ;
Firstly, the perception on the part of public officials involved in this iSsue of compensations and a minber of recipients that the amount of compensation is below the market value of the land concerned in most of cases should be eradicated through mutual efforts, the subject should be handled depth from the perspective of returning benefits accrued from the development of the land on the rational ground.
Secondly, the compensations for the people with little income should be perceived from the dimension of not merely recompensating for the land taken from them but also from a level of finding new basis of livelihood of these people.
Thirdly, for the people who are forced to change their occupations as a result of such public-managed projects, Special supports should be provided to alleviate the difficulty of finding new occupations.
Fourthly, measures to induce rational spending of the amount of compensations received by these people need to be taken.
If a major portion of compensated amount is invested again to real estate alone then, it will be criticised that public-managed projects only created price hikes of real estate.
Fifthly, the migrants who are forced to leave the place where they used to live should be provided not with single choice but various alternatives so that they can adapt to the environment to the best of their ability.
Sixthly, the public officials handling compensations are required to have more humane attitude to the recipients apart from mere financial compensation.
Seventhly, the officials concerned should prouide sincere guidance for the recipients on the other legal remedies can be taken by them while these officials implement the policy with sincerity.
Eighthly, the public officials concerned should strive to perform compensations on the basis of market price, the most prominent point in the mind of residents, of course this question can not be implemented by policy measures alone.
Ninethly, cpportunity for participation by residents is required to be more broadened in the process of execution of public policies so that impression of unilateral promotion on the part of the executors can be lessened.
Tenthly, govennment is demanded to have more diversified land pricing system and uniform evaluation system so that more consistency in the policy implementation and no more confusions and distrust regarding this issue can be secured.
Eleventhly, change in the affitude of people viewing the land is required for unimpeded acquisition of and compensation for the land subjected to promotion of land development project, Success of the projects would not be possible if there are people who attempt to abuse the system and conspiring to take advantage of the projects as subjects of their investment.

목차 (Table of Contents)

• 目次 = ⅰ
• 第 1 章 序論 = 1
• 第 1 節 硏究의 目的 = 1
• 第 2 節 硏究의 範圍 및 方法 = 3
• 第 2 章 公共用地의 取得에 관한 現行制度 = 5
• 第 1 節 公共用地 取得의 理論的 基礎 = 5
• I. 理論的 背景 = 5
• II. 實定法的 根據에 관한 學說 = 8
• III. 損失報償의 原因과 基準 = 12
• 第 2 節 公共用地 取得에 따른 補償制度 = 15
• I. 法的根據와 補償의 原則 = 15
• II. 補償의 對象과 節次 = 21
• III. 補償評價 = 25
• Ⅳ. 補償價格의 算定 = 26
• 第 3 節 外國의 公共用地 補償制度 = 26
• I. 東南亞 = 26
• II. 美國 = 32
• III. 유럽 = 34
• 第 3 章 事業의 槪要 = 42
• 第 1 節 事業의 槪要 = 42
• I. 事業의 背景 = 42
• II. 事業의 目的 및 必要性 = 42
• III. 事業의 效果 = 47
• 第 2 節 用地補償 = 48
• 第 3 節 補償評價 = 50
• I. 周邊環境 = 50
• II. 地價水準 變遷過程 = 50
• III. 土地評價에 參酌한 其他事項 = 53
• 第 4 章 分唐新都市 補償에 따른 問題點과 改善方向 = 57
• 第 1 節 開發에 따른 住民不滿要素 = 57
• I. 土地所有者 = 57
• II. 他人垈地上의 家室所有者 = 57
• III. 貰入者 = 58
• Ⅳ. 補償節次와 人間關係 = 59
• Ⅴ. 其他 = 59
• 第 2 節 分野別 民願과 解消方案 = 60
• I. 原住民 = 60
• II. 貰入者 = 63
• III. 花卉農 = 64
• Ⅳ. 畜産農 = 64
• Ⅴ. 施設菜蔬農 = 64
• Ⅵ. 工場 = 65
• 第 3 節 補償制度의 改善方向 = 65
• I. 評價의 信賴性 確保 = 65
• II. 補償節次 및 時期의 公示 = 66
• III. 住民參與 擴大 = 67
• Ⅳ. 建築物의 存置基準變更 = 68
• Ⅴ. 中央土地收用委員會 常設機構化 = 69
• 第 4 節 補償政策의 課題와 對應方案 = 71
• I. 展開方向 = 71
• II. 補償政策 轉換의 背景 = 72
• III. 主要課題와 對應方案 = 78
• 第 5 章 結論 = 85
• 參考文獻 = 88
• 英文抄錄 = 93