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A comprehensive study about the Indirect Compensation for Loss and the compensation for the stabilization of livelihood

  • Public Land Law Review
  • Abbr : KPLLR
  • 2006, 34(), pp.23-44
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

尹秀眞 1

1서울시공무원교육원

Accredited

ABSTRACT

In the process of large-scale public works, the people's expectation value of the loss-compensation level is inevitably increasing. But the existing legal system only guarantee the compensation for the loss of property rights that is specified in the article 23 of Korean constitutional law, "Expropriation, use or restriction of private property for public necessity and compensation therefor shall be governed by statute: Provided, That in such a case, just compensation shall be paid. ". So there is a lively discussion on the new patterns of loss compensation that is known as the Indirect Compensation for Loss and the compensation for the stabilization of livelihood.But existing discussion about these new patterns couldn't break themselves of the article 23 of korean constitutional law just by stretching the law.However , if we look at the situation from a different angle, the loss compensation system does not only include the part of property rights but also the part of Social security. That means we should separate the part of social security from existing discussion of loss compensation so that we could accurately formulate a system of loss compensation.

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Citation status

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