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A Study on the Redemptive Right to the ExpropriatedEstate

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 22(), pp.239-254
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Oh,Hyun-Jin 1

1청주대학교

Accredited

ABSTRACT

The Korean law-system permits ex-owners of expropriated estate the redemption right to buy it back preferentially when the purpose of land expropriation is expired or given up. According to majority view of scholars that is a public right based on public law and therefore to be brought to an administrative litigation in case of violation. It is generally thought that this redemptive right is derived from the clause of property right on Article 23. in Korean Constitution. Recently many korean scholars begin to insist that the new idea about property right which firmly guarantees the continuation of property endorses redemptive rights of ex-owners. But this right can be secured to one directly not by constitutional clause but by individual law, for example The Act on Optional or Compulsory Purchase Land and Compensation for Public Utilities.(주제어) 환매권, 재산권의 존속보장, 공권설, 공익사업의 변환

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