@article{ART001254686},
author={이동찬},
title={The Reappraisal of Indirect Compensation for Loss},
journal={Public Land Law Review},
issn={1226-251X},
year={2008},
volume={40},
pages={427-445}
TY - JOUR
AU - 이동찬
TI - The Reappraisal of Indirect Compensation for Loss
JO - Public Land Law Review
PY - 2008
VL - 40
IS - null
PB - Korean Public Land Law Association
SP - 427
EP - 445
SN - 1226-251X
AB - 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.
KW - 간접손실보상(Indirect compensation for loss);손실보상(compensation for loss);간접보상(indirect compensation);유추적용(analogy);평등원칙(the principles of equality);공익사업(public works)
DO -
UR -
ER -
이동찬. (2008). The Reappraisal of Indirect Compensation for Loss. Public Land Law Review, 40, 427-445.
이동찬. 2008, "The Reappraisal of Indirect Compensation for Loss", Public Land Law Review, vol.40, pp.427-445.
이동찬 "The Reappraisal of Indirect Compensation for Loss" Public Land Law Review 40 pp.427-445 (2008) : 427.
이동찬. The Reappraisal of Indirect Compensation for Loss. 2008; 40 427-445.
이동찬. "The Reappraisal of Indirect Compensation for Loss" Public Land Law Review 40(2008) : 427-445.
이동찬. The Reappraisal of Indirect Compensation for Loss. Public Land Law Review, 40, 427-445.
이동찬. The Reappraisal of Indirect Compensation for Loss. Public Land Law Review. 2008; 40 427-445.
이동찬. The Reappraisal of Indirect Compensation for Loss. 2008; 40 427-445.
이동찬. "The Reappraisal of Indirect Compensation for Loss" Public Land Law Review 40(2008) : 427-445.