사업손실의 권리구제에 관한 고찰 = A Study on the Relief of Right for Project Loss

다국어 초록 (Multilingual Abstract)

  "Project losses" refer to losses incurred outside of the project site area after implementation or completion of a public project. It was understood before that only losses that directly resulted from public uses would be compensated. Therefore, project losses (i.e. losses, such as obstruction of sunshine/scenery, noise, vibration, dust, drying up of water, etc., are treated differently from compensation for taking land and other direct losses) were not traditionally eligible for compensation in principle.<BR>  In public projects today, aside from direct infringement of rights from taking of properties, the number of complaints filed not for compensation for direct losses but for project losses that are more indirect losses/damages from execution public projects on the rise.<BR>  However, regulations only provide for compensation for land taking and other such direct losses and there are no regulations thatprovide for losses incurred outside of project sites in spite of clear material damages to properties. In the absence of these regulations, such losses/damages are rarely properly compensated.<BR>  Disputes between people and project executors occur frequently because of this and often leads to long delays in public projects. Even when damages/losses are compensated, there is no consistency in compensation owing to the different regulations applied by the project executors.<BR>  In view of the recent developments, the conclusion that is reached is that there are no actual benefits to be gained from deciding whether losses are within the scope of compensation for losses or for damages. For efficient remedy of the victim"s rights resulting from project losses, it would be more useful and advantageous to include them in the scope of compensation for losses.<BR>  For these reasons, consideration should be given to compensations before damage has occurred when losses from a project are clearly anticipated in order to ensure smooth execution of public projects and efficient remedies of infringement to property rights.<BR>  There needs to be consistent regulations or rules on compensations to reduce burden on officials in charge of compensation and to ensure consistency in compensated amounts. In addition, scopes and standards of compensation for losses outside of the project area needs to be established before the said tasks can be undertaken.

목차 (Table of Contents)

• Abstract
  Ⅰ. 서론
  Ⅱ. 사업손실보상의 개요
  Ⅲ. 현행 사업손실 보상제도
  Ⅳ. 사업손실보상의 권리구제와 평가
  Ⅴ. 결론
  참고문헌