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A Study on the Compensation Standard for the Underground Space Use

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.319-344
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

kyungkyu seo 1

1대구가톨릭대학교

Accredited

ABSTRACT

Due to the change in social environment, the public works by the use of underground space is increasing. However, insufficient or unreasonable compensation standard of these public works is causing numerous conflicts and confusion. The purpose of this study is to analyze the problems of these compensation standards and to suggest ways to improve the compensation standards for underground space use. Problems of the standard include ① insufficiency of legal basis, ② imperfectness of the compensation standard, ③ insufficiency of right relief, ④ rigidity of the compensation standard, ⑤ deficiency of conference compensation promotion system, ⑥ confusion of related terms, ⑦ complexity and unreasonableness of calculation standards, ⑧ the problem of the rate of multi-dimensional use and the hinderance rate of multi-dimensional use, ⑨ the problem of reflecting the aging rate, and ⑩ the inadequacy of depth limits. For its improvements, it has been suggested to ① enact special laws regarding this problem, ② elaborate the standard, ③ improve the flexibility of the standard, ④ give preference to the recipient by agreement, ⑤ unify related terms, ⑥ improve the calculation formula, ⑦ enhance rationality and efficiency, ⑧ enlarge depth limits. In the state of active discussions on the utilization of multi-dimensional space, it is expected that this paper contributes to the activation of the study of the compensation standard for the use of multi-dimensional space. and be used as the base data for system improvement.

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