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Legal Problem in Vesting Expropriation with Private Man

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(1), pp.277-308
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, NAM WOOK 1

1명신대학교

Accredited

ABSTRACT

Demand for privatization of public enterprise and performance of public duties by private enterprise according to the economic deregulation has been increased, concept of commonality has been revised and increasingly extended with the changes of social and economic conditions and legal cases of giving expropriation to land for the purpose of performing public utility projects by private enterprises, individuals or land owners, association and private and governmental joint corporation have been also increased. But, eminent domain for public utilities must be used for public purposes by public agencies, but since giving expropriation to profit-seeking private enterprises has a source of unconstitutionality, it must be examined that requirements of exercise of eminent domain need to be regulated more strictly, judgement of unconstitutionality of public expropriation for the private man needs to be discussed more seriously in light of historical changes of recent privatization and private and government cooperation, and there is a possibility of violating basic rights of public expropriation for the private man. Therefore, this study examines meaning and allowable conditions of expropriation grant system for private man, the authorized range of expropriation for private man and expropriate grant system for private man on current law and then reviews clarification of public necessary concept as legal task of private man's violation of public service, reinforcement of public necessary conditions as allowable factor of public expropriation by private man, creation of criterion of public interests, possibility of extending the authorized area of expropriation by private man, redemption of development profits and legal institutionalization of continuous public duty performance security means.

Citation status

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