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Legal Systematic Improvement Measures through the Behavioral Analysis of Inhabitants Migration Measures

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 55(), pp.35-58
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim,Jong Ha 1

1목원대학교

Accredited

ABSTRACT

Inhabitants migration measures are playing the role of adjustment device between the public and private interest. However, since the regulation related to the inhabitants migration measures stated in Act on Acquisition and Compensation of Land and Forth for Public Utilities, which is insufficient and composed unsystematically. The special provision program should be directly regulated by the Act on Acquisition and Compensation of Land and Forth for Public Utilities as a methods of inhabitants migration measures. The council in regards to inhabitants migration measures with local government should regulate to be conducted at the compensation council, which is the current legal organization. However, the time for the inhabitants migration measures plan about each development project should be unified and regulated clearly in order to discuss with the apprase for compensation at the compensation council. Therefore, it is judged that it would be at the same time of establishing the development plan. Such improvement measure seems advisable not only from the aspect of “Planing of Inhabitants Migration Measures in ahead, after Compensation and Migration” but also from the fact that the discretion of promoter can be properly controlled. And that it could increase the ratio of re-settlement. On the other hand, it seems that if inhabitants migration measures are included in the subject for judgment, relief of right in regards to inhabitants migration measures could progress a step further.

Citation status

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