@article{ART001476577},
author={JEONG, HA MYOUNG},
title={The alternative discussions on takings law in Korea},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={50},
pages={149-170}
TY - JOUR
AU - JEONG, HA MYOUNG
TI - The alternative discussions on takings law in Korea
JO - Public Land Law Review
PY - 2010
VL - 50
IS - null
PB - Korean Public Land Law Association
SP - 149
EP - 170
SN - 1226-251X
AB - The Korean Constitution provides for just compensation in cases of takings : Article 23 (3) takings, use, or restriction of private property from public necessity and compensation therefore are governed by law. It is stipulated by “Act on the Acquisition of Land, Etc. For Public Works and the Compensation Therefore of 2010” (the Compensation Act). The purpose of the act is to “ensure a promotion of public welfare and a pertinent protection of property rights through an efficient implementation of the public works, by prescribing the matters for indemnity of any loss incurred by the acquisition or use of the land, etc. required for the public works through consultations or expropriation.” Chapter VI of the Compensation Act outlines the possible types of indemnities and relevant methods of payment to be made to the “landowner or person concerned for any loss incurred by acquisition or use of the land, etc. required for public works.” Besides lawful landowners, “person[s] concerned for any loss” are also included in the compensation scheme. It may protect tenant's interests. There is no proper compensation for the evicted tenants according to the acts. South Korea has had decades of social unrest resulting from the lack of compensation, The act also has some provisions about the repurchase right for the taken property' owner. The pre-requisition of repurchase is too difficult to meet and the government also has the power change the public projects to keep the land for public purpose. The government is needed to introduce civil penalties to disgorges windfall-profits from curmudgeon and some kind of shield to deflect the ever-mounting resistance.
KW - 공용수용(taking);손실보상(compensation);공용수용권(eminent domain);공익사업(Public Project);환매권(repurchase rights);과잉보상(windfall profits)
DO -
UR -
ER -
JEONG, HA MYOUNG. (2010). The alternative discussions on takings law in Korea. Public Land Law Review, 50, 149-170.
JEONG, HA MYOUNG. 2010, "The alternative discussions on takings law in Korea", Public Land Law Review, vol.50, pp.149-170.
JEONG, HA MYOUNG "The alternative discussions on takings law in Korea" Public Land Law Review 50 pp.149-170 (2010) : 149.
JEONG, HA MYOUNG. The alternative discussions on takings law in Korea. 2010; 50 149-170.
JEONG, HA MYOUNG. "The alternative discussions on takings law in Korea" Public Land Law Review 50(2010) : 149-170.
JEONG, HA MYOUNG. The alternative discussions on takings law in Korea. Public Land Law Review, 50, 149-170.
JEONG, HA MYOUNG. The alternative discussions on takings law in Korea. Public Land Law Review. 2010; 50 149-170.
JEONG, HA MYOUNG. The alternative discussions on takings law in Korea. 2010; 50 149-170.
JEONG, HA MYOUNG. "The alternative discussions on takings law in Korea" Public Land Law Review 50(2010) : 149-170.
