@article{ART001554139},
author={이상훈 and 윤동건},
title={A Study on Key Issues of the Project Recognition and Just Compensation},
journal={Public Land Law Review},
issn={1226-251X},
year={2011},
volume={53},
pages={87-112}
TY - JOUR
AU - 이상훈
AU - 윤동건
TI - A Study on Key Issues of the Project Recognition and Just Compensation
JO - Public Land Law Review
PY - 2011
VL - 53
IS - null
PB - Korean Public Land Law Association
SP - 87
EP - 112
SN - 1226-251X
AB - Just compensation was always at the center of the dispute on the issue of compensation for a loss. It is truly rightful to provide just compensation according proper expropriation process in case of forced expropriation of property rights of a private individual. According to the land compensation law, it is provided to give assessment based on standard land value by public announcement. And regarding the estrangement issue with the actual trading value which is the limit of the land value by public announcement, it has been dealt through revisions of other factors acknowledged by precedents. The problem raised in compensation appraisal done by appraiser is rather in the calculation of compensation amount based on land value by public announcement that is not excluded of development gains. Suppose there is a sharp increase of the image price at the phase of development plan or starting of construction. If the compensations are given based on this condition, then naturally a problem of over-compensation occurs. In order to solve this problem, it seems that changing of the standard date of land value by public announcement from the value announced in prior year to the value announced two years ago, and to that applying land value fluctuation rate, regional factors, individual factors and other factors for additional revision would help improving the problem of excessive compensation. Also, concerning the project recognition process and contents, it is considered that sharing the right of project recognition which is now solely exclusive to the minster of land, transportation and maritime affairs, together with mayors and governors which more appropriate for provincial self-government.
KW - 사업인정(Project recognition);정당보상(Just compensation);기타요인(Other factors);지방분권(Decentralization);개발이익배제(Exclusion of development gains)
DO -
UR -
ER -
이상훈 and 윤동건. (2011). A Study on Key Issues of the Project Recognition and Just Compensation. Public Land Law Review, 53, 87-112.
이상훈 and 윤동건. 2011, "A Study on Key Issues of the Project Recognition and Just Compensation", Public Land Law Review, vol.53, pp.87-112.
이상훈, 윤동건 "A Study on Key Issues of the Project Recognition and Just Compensation" Public Land Law Review 53 pp.87-112 (2011) : 87.
이상훈, 윤동건. A Study on Key Issues of the Project Recognition and Just Compensation. 2011; 53 87-112.
이상훈 and 윤동건. "A Study on Key Issues of the Project Recognition and Just Compensation" Public Land Law Review 53(2011) : 87-112.
이상훈; 윤동건. A Study on Key Issues of the Project Recognition and Just Compensation. Public Land Law Review, 53, 87-112.
이상훈; 윤동건. A Study on Key Issues of the Project Recognition and Just Compensation. Public Land Law Review. 2011; 53 87-112.
이상훈, 윤동건. A Study on Key Issues of the Project Recognition and Just Compensation. 2011; 53 87-112.
이상훈 and 윤동건. "A Study on Key Issues of the Project Recognition and Just Compensation" Public Land Law Review 53(2011) : 87-112.
