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Practical Issues on Land Acceptance Decision for the Maintenance Project of Natural Disaster Prone Areas

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(3), pp.123-150
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : August 30, 2019

Hwang Jung Hoon 1

1호서대학교 일반대학원 법학과

Candidate

ABSTRACT

In order to implement the natural disaster risk improvement district maintenance project, consultations between owners and project operators on land of autographs belonging to the business area shall not be conducted in accordance with the constitutional limitation that exercise of property rights should be exercised to suit public welfare. If it is not, the decision can be proceeded according to the application for acceptance decision, and even in case of acceptance, the right compensation should be made. We reviewed economic analysis through cost-benefit analysis, disaster reduction case analysis, and perception survey by public officials in charge of natural disaster risk improvement district maintenance project. It is not suitable for reviewing public works aimed at substantive guarantees of today's environmental rights. Therefore, case analysis should be conducted under the ecological proportional principle that puts environmental protection first. In connection with the land acceptance decision procedure, the implementation plan for the natural disaster risk improvement district maintenance project is announced and the loss compensation agreement is made. When the Land Acceptance Committee receives the application for decision, it shall promptly announce it and make a copy of the document available to the public for public review, and the landowner or related person may make an opinion. Compensation for land is compensated for the loss compensation based on the announced land price, but the higher price is compensated by comparing the evaluation amount of the appraisal service provider with the amount presented by the project operator in consideration of the plan related to the development of the target land. Protect landowners' rights and interests. In the United States, the Stafford Act was enacted and implemented to establish an integrated disaster management system and comprehensively cope with disasters in the United States in order to review relevant foreign legislation. In Japan, for the purpose of securing social order and public welfare. The Framework Act on Disaster Prevention has been enacted and is in operation. Through the review of foreign legislation and the practical operation, the plan for rational implementation of natural disaster risk improvement district improvement project will be examined.

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