宅地開發事業推進에 따른 土地買入 關聯 民願의 問題點 및 改善方案 硏究 = (A) Study of the Civil Petitions related to Land Acquisition in Residential Projects

다국어 초록 (Multilingual Abstract)

A lot of public works had been conducted in the process of remarkable economic development since the foundation of Korea, and even today, they are being conducted. Especially in a welfare state, it is necessary to effectively utilize the land to provide people with agreeable living space. Due to this, the need for public works is gradually getting large.
As public works need a lot of land in nature, the cooperation of landowners is an indispensable condition. That is, we could say whether public works are successful or not depends on the issue of loss compensation.
The inevitable problem of loss compensation that people should undergo in the process of public works is a serious infringement on private ownership that is the backbone of capitalism. However, the national policy that tries to accomplish public works that is more important than the above problem is possible only at the cost of loss compensation.
This thesis has been written in my own way to find out the problems and improvements on the civil appeals that arise in relation to the execution of housing site development project, which is one of the typical public works.
The purpose of housing site development project lies in directly solving the housing problem, which is one of fundamental human needs of clothes, food and housing. One of related laws, housing site development promotion law defines "The purpose of the law is to contribute to the improvement of stability and welfare as to people's housing problem".
The government has recently not only tried to secure necessary housing sites to solve people's housing problems but also minimized the conflicts with landowners and tried in its own way to shorten the periods of the projects.
Nevertheless, the national consciousness has been improved and the expectation on the compensation has also been elevated. That is why the conflict between compensators and compensation recipients is getting serious. Because of this, the housing site development project has been delayed and this delay eventually led to the burden of people. Consequently, invisible expenses due to the delay of national policy have reached the level of not being neglected.
Therefore, it is necessary to take measures to minimize the conflicts with the compensation recipients in the process of public works. In relation to this, the government is in the process of unifying compensation related laws by abolishing "special law of public land acquisition ＆ loss compensation" and "eminent domain law " of late and arranging "land compensation law".
However, the "land compensation law" is mainly focused on the shortening of work period through the improvement of procedural systems on land acquisition. So it is true that the law still appears to be insufficient on the part of compensation recipients. Therefore, this thesis approached from the following aspects to find out the problems and improvements focusing on housing site development projects from the viewpoint of compensation recipients.
First, the issue of reliability on appraisal and of appropriateness of compensation price as the solutions to the complaints of compensation price
Second, the issue of moving measures due to the execution of the project
Third, the issue of securing the transparency of exclusion and maintenance of a system that arise in relation to the designation of scheduled district for housing site development
The fundamental purpose of the land compensation law (proposed) is to improve the problems and contradictions in compensation related systems, and eliminate the obstacles to shortening work period by unifying the eminent domain law and the special laws of public land acquisition ＆ loss compensation.
Especially in relation to the compensation, the shortening of work period becomes conflicting concerns when it is seen from the viewpoints of project executor and compensation recipients. Therefore, the top priority issue for the future land compensation law to solve is the compensation price, which is the core in the harmony of both parties, and to establish reasonable moving measures in order to make the compensation recipients to participate so that the successful public works can be accomplished.

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 = 2
• 第2章 宅地開發事業과 損失補償 = 3
• 第1節 宅地開發事業槪要 = 3
• 第2節 損失補償의 意義 와 節次 = 14
• 第3章 損失補償과 民願現況分析 = 45
• 第1節 損失補償과 民願 = 45
• 第2節 宅地開發事業과 民願現況分析 = 58
• 第4章 改正損失補償制度의 改善方向(案) = 74
• 第1節 補償制度 一元化推進 = 74
• 第2節 損失補償制度 改善方向(素) = 86
• 第5章 結論 = 91
• ＜參考文獻＞ = 94
• Abstract = 97