토지수용에서의 손실보상 범위에 관한 논의 = Discussion on Scope of Loss Compensation in Expropriation

다국어 초록 (Multilingual Abstract)

Compensation for loss due to public expropriation shall be faithful to the protection of private property rights guaranteed by the Constitution. The object is not limited to direct losses due to public expropriation or restrictions, but indirect losses are also covered. Especially, in case of various life compensation, there are many complaints about actual loss. Therefore, more specific criteria should be laid out for the expansion of business loss compensation and appropriate compensation. In the case of compensation for land, such as buildings, it is necessary to clarify the requirements for the right to demand for purchase the business operator by giving appropriate criteria. Likewise, it is equitable to recognize the owner`s right to request the purchase of the remaining building. In calculating operating loss, it should be improved to reflect all periods in which actual operating loss occurs. And as for the meaning of actual period of suspension of business, the legal system should be improved. Therefore, if the business location is to be relocated, it is reasonable to estimate the length of the business off period until the actual business sales are normalized. As a result, loss compensation for public expropriation requires continued efforts to achieve fair compensation. From that point of view, it must be improved in such a way as to be able to objectively and fairly estimate the actual losses incurred by the business.