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A comparative study about administration loss compensation in the local autonomy of korea and japan

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(2), pp.87-112
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kim， jong sik 1

1오산대학교

Candidate

ABSTRACT

This paper was a case study about administrative loss compensation of Korea and Japan. The reason is that, according to today's sudden changes and trends of society in nation, needed institutional response. so, To do this, I wanted to examine what kind of changes Japan which has developed more legally and institutionally than Korea. First of all, Theoretically when the national or local government do public works, and than take estates, uses, or limits the individual’s property. So, I try to study about them concern in theories, laws, institutionally, and Judicatures of the Supreme Court. followed about the results. First, The third cause of Article 23 of the Korea constitution law and the third cause of Article 29 of the Japan constitution have, But I found that These did not different point. Second, There is no general law on administration loss compensation between the two countries, and I could understand fact that this did by individual law. Third, If it were not any individual law, we claim damages directly by constitutional provision? theories are fact divided. Fourth, in case of expropriation, utilization, and restrict personal property rights, South Korea is approaching from the perspective of specific damage and acceptance. Japan is applying, it to the extent of utilizing and restricting property rights. This was the case especially in recent justicial decision in Japan for restricting property rights permanency.

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