@article{ART001426318},
author={류하백},
title={A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={48},
pages={229-268}
TY - JOUR
AU - 류하백
TI - A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan
JO - Public Land Law Review
PY - 2010
VL - 48
IS - null
PB - Korean Public Land Law Association
SP - 229
EP - 268
SN - 1226-251X
AB - Article 23 of the Constitution of South Korea guarantees private property rights of all citizens, and goes on to provide that condemnation of property rights for public use shall be governed by law and upon payment of just compensation therefor, and Article 29 of the Constitution of Japan does as well.
The taking of property presupposes four requirements for serious but vain attempts to reach amicable agreements with landowner, for a public use, by statutes and under payment of just compensation. In japan the limits placed on the exercise of eminent domain are defined in the regulation(Cabinet Order enacted) and statutes that created them, but Korea has any regulation not to affect the essential substances of private property. Japanese Land Expropriation Act(JLWA) governing condemnation proceedings requires a variety of notices and hearings for the landowner. but Korean Public Land Aquisition and Compensation Act(KPLACA) does. But in Korea public use requirement of the Constitution is made null and void by compulsory provisions of every statute that ought to be taken for the contemplated project, and those provisions give him or her a naked grant of authority to determine a contemplated project to take lands needed denying applying a strict public use test of the Constitution's requirement.
In Japan the basis of valuing personal property taken by eminent domain for purposes of computing just compensation shall invariably be the amount based on current value(fair market value), meanwhile in Korea the amount of compensation be based on the officially assessed land price as just compensation which might violate the principle of private autonomy, and development gains shall be excluded from just compensation for the land taken by the Constitutional Court.
KW - 토지수용(land-taking);재산권보장(guarantee of private property rights);공공필요(public use);사업인정(recognition of project);정당한 보상(just compensation)
DO -
UR -
ER -
류하백. (2010). A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan. Public Land Law Review, 48, 229-268.
류하백. 2010, "A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan", Public Land Law Review, vol.48, pp.229-268.
류하백 "A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan" Public Land Law Review 48 pp.229-268 (2010) : 229.
류하백. A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan. 2010; 48 229-268.
류하백. "A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan" Public Land Law Review 48(2010) : 229-268.
류하백. A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan. Public Land Law Review, 48, 229-268.
류하백. A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan. Public Land Law Review. 2010; 48 229-268.
류하백. A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan. 2010; 48 229-268.
류하백. "A Comparative Study on Requirements for the Admissibility of Condemnation in South Korea and Japan" Public Land Law Review 48(2010) : 229-268.
