都市計劃施設事業의 長期未執行과 損失補償 = A study on Urban Infrastructure Planning and Compensation for Its Delay

다국어 초록 (Multilingual Abstract)

This paper suggests some important factors in modifications and to our current system of urban infrastructure planning and remedy for relevant violation of the right of individual property.
As is generally known, if the plan of operation in connection with the infrastructure utilities doesn't have been carried out for unreasonable long-term period after the relevant urban planning had been decided, the property rights are subject to a special sacrifice (Besondersopfer). Notwithstanding the fact, there is no provision for compensation in the Urban Planning Act or the Compulsory Purchase of Land Act, and so forth.
In relation to this issue, this research attempts to analyze legal as well as theoretical problems as to the liability for the retrievement for demage, to the right claiming for eminent domain (Enteignung) and compensation. But the liability for the retrievement and right of claim as mentioned above are not admitted in the provision of the positive acts and regulations.
Therefore, so as to settle down the problems of the remedy for the violation of the right of individual property caused by the unreasonable delay of urban infrastructure operation for long-term period, some supplements to our current urban land use control and compensation system are needed as follows: (1) enactment of general statute, the Land Use Control and Compensation Act, (2) modification of the yearly operation program system, (3) adoption of invalidation system due to not being carried out for unreasonable long-term period, (4) institutionalization of the right of claim for purchase of land.

목차 (Table of Contents)

• Ⅰ. 問題의 提起
• Ⅱ. 都市計劃施設의 設置와 行爲制限
• 1. 都市計劃施設의 意義
• 2. 都市計劃施設의 設置
• 3. 行爲制限
• 4. 長期未執行에 대한 實定法의 態度
• Ⅲ. 長期未執行과 損失補償
• 1. 序說
• 2. 損失補償請求權의 問題
• 3. 損失補償對象性의 問題
• Ⅳ. 長期未執行에 대한 立法論的 考察
• 1. 損失補償法의 制定
• 2. 年次別 執行計劃制度의 改善
• 3. 失效制度의 導入
• 4. 買收請求權制度 등의 導入
• Ⅴ. 結論
• 參考文獻