본문 바로가기
  • Home

The Reappraisal of Indirect Compensation for Loss

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 40(), pp.427-445
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이동찬 1

1군산대학교

Accredited

ABSTRACT

The loss caused by execution of public works is occuring not only at the district of public work but also outside of the district. Compensation for the loss has been recognized only inside public works. The compensation for the loss that occurred was out of the district, namely indirect compensation for loss has not been recognized. However, the compensation for the loss which happened not only at the district of public works but also outside of the district of public works has to been made the same. This article observes the concept, legal nature, legal basis of indirect loss compensation and the problem and the improvement which is appearing from indirect compensation for loss. First, it is necessary to define the concept and the scope of indirect compensation for loss. Second, the legislative improvement and complement about current indirect compensation for loss is necessary. Third, in the case that current indirect compensation for loss is deficient, constitution 11, the principle of equality and constitution 23-3 will be ground for compensation requisition. Forth, research about the standard date for indirect compensation, discussion and calculation is necessary.

Citation status

* References for papers published after 2023 are currently being built.