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Indirect Expropriation in the Korea-U.S. FTA and the Korean Compensation Requirement under the Constitution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 39(), pp.1-32
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1 김지엽 2

1성균관대학교
2Pace Law School

Accredited

ABSTRACT

This paper explores how the indirect expropriation provision in the Korea-U.S. FTA will affect the Korean legal system on the similar principle. To do this, it examines the development and the meaning of indirect expropriation in international law and regulatory taking in the U.S.; and compares with the Korean legal principle under the Constitution. As a result, it has found that the Korean courts have already recognized the similar concept to regulatory taking or indirect expropriation, although they do not admit the term of regulatory taking or indirect expropriation. However, it is likely that the Korea-U.S. FTA will further the change of the Korean legal principle on the compensation requirement under the Constitution toward more reasonable structure.

Citation status

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