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A Research of the Fair Society and Land Compensation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 54(), pp.1-31
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이재삼 1

1경원대학교

Accredited

ABSTRACT

A fair society is the society that fair assessment is achieved in all fields. That is, the ‘Fair Society’ settles the difficulties and difference through opportunity equality to all people and citizen welfare, and secures the pioneer nation's competitive power as the democratization ethical and practical infra. For the realization of a fair society, the national sympathy formation is needed. In other words, it should be the society that the value's variety is recognized, moral ideal is respected and the values should be competed in fairness. Therefore, it is important to establish constitutionalism including extermination of lawbreaking, injustice, shortcut and evasion of the law, polarization and social conflict settlement, and respect of law and procedure. The ‘Fairness’ idea prescribed in the existing law, secures the fairness by what is fair and not fair, and prohibit or avoid some behavior. That is, it sets down the election in the constitution and the vote's fair supervision, public service worker's kindness and fair duty in the National Public Service Worker's Law and unfairness trade action prohibition in the Monopoly Control and Fair Trading Law. In the constitution court, it says ‘fairness and independence is the constitutional requirement’ and makes clear that the fairness of law is the government's constitution principle. Especially, fairness can be said to have the meaning of legitimacy in the constitution Provision 23 Paragraph 3 of Loss Compensation. The justifiable compensation principle comes under the target and idea that the loss compensation about the property right violation should be searched. Recently, the idea is raised that the loss compensation cannot reach the justifiable compensation principle for the compensation about the property rights, and ‘life compensation’ that recovers the inmate's life condition can carry through the justifiable compensation. For the general law of life compensation, it is prescribed in the Law of Purchase and Compensation of Land for Public Works. In the Land Compensation Law, it prescribes the life compensation (Indirect Compensation) - compensation for building, business loss and migration counterplan and settlement fund - besides the accommodation, use, purchase request of use land and compensation request of remaining land. However, in the life compensation, point at issues including migration counterplan insufficient, migration settlement fund, house transfer cost differentiation, residence building compensation, average living cost compensation, sales loss compensation, shutdown compensation and jobless compensation is still insufficient. Therefore, for the improvement plan for life compensation, the advance counterplan about residents and tenants, realization of the life settlement fund, realization of general price of migration complex, purchase compensation of actual residence building, realization of give up farming and removal cost, differentiation prohibition of resident, house tenant and store tenant, compensation for finance cost and immaterial properties besides sales loss, and expanding occupation settlement compensation for living support is needed. Also, compensation for mental pain having through life base loss through public works should be considered in the life compensation content. And, for the compensation procedure, a fair and reasonable compensation method is important considering inmates and compensating people. When there is a procedure error or illegal action of public service worker, the legal problem occurs to the compensation body and a concrete standard of compensation should be set. For double compensation or compensation exceeding the loss, the compensation scope should be adjusted through special examination.

Citation status

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