@article{ART001393076},
author={Heo, Kang Moo},
title={Review on compensation of premium for redevelopment project in Public Law perspectives},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={46},
pages={159-176}
TY - JOUR
AU - Heo, Kang Moo
TI - Review on compensation of premium for redevelopment project in Public Law perspectives
JO - Public Land Law Review
PY - 2009
VL - 46
IS - null
PB - Korean Public Land Law Association
SP - 159
EP - 176
SN - 1226-251X
AB - Premium is the well established practice in Korean property market, however there are no systematic devices to protect the tenants who paid premium. By this reason, premium compensation became the primary cause for incessant disputes during redevelopment process.
The problem of premium compensation did reach the critical point where the law can not stand idle or disregard any more under the excuse that the premium is difficult for objectification.
As long as premium does exist as market practice, just Compensations be enforced to achieve the genuine purpose of fair cost-bearing and protection of private property right
This study, under the purpose of providing the discussion point to seek solution for premium problem and smooth operation of redevelopment projects, takes the following process:
Chapter II conceptualizes and classifies Premium. Chapter III reviews concept of property right under Constitutional Law, and premium as taxable income, to discuss whether premium may be recognized as property right.
Chapter IV, firstly reviews premium paid by commercial properties tenants, business compensation to commercial properties tenants pursuant to 'Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor', and then derives how to improve business compensation for commercial properties tenants' Premium.
KW - 권리금(premium);영업보상(business compensation);재산권(property right);재개발사업(redevelopment project);정당보상(just Compensation)
DO -
UR -
ER -
Heo, Kang Moo. (2009). Review on compensation of premium for redevelopment project in Public Law perspectives. Public Land Law Review, 46, 159-176.
Heo, Kang Moo. 2009, "Review on compensation of premium for redevelopment project in Public Law perspectives", Public Land Law Review, vol.46, pp.159-176.
Heo, Kang Moo "Review on compensation of premium for redevelopment project in Public Law perspectives" Public Land Law Review 46 pp.159-176 (2009) : 159.
Heo, Kang Moo. Review on compensation of premium for redevelopment project in Public Law perspectives. 2009; 46 159-176.
Heo, Kang Moo. "Review on compensation of premium for redevelopment project in Public Law perspectives" Public Land Law Review 46(2009) : 159-176.
Heo, Kang Moo. Review on compensation of premium for redevelopment project in Public Law perspectives. Public Land Law Review, 46, 159-176.
Heo, Kang Moo. Review on compensation of premium for redevelopment project in Public Law perspectives. Public Land Law Review. 2009; 46 159-176.
Heo, Kang Moo. Review on compensation of premium for redevelopment project in Public Law perspectives. 2009; 46 159-176.
Heo, Kang Moo. "Review on compensation of premium for redevelopment project in Public Law perspectives" Public Land Law Review 46(2009) : 159-176.