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Legal Issues and Improvement Directions regarding Special Provision of Housing by the Public Expropriation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.423-441
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee,Heon-Seok 1

1서원대학교

Accredited

ABSTRACT

Those who offered land for public development projects, suffer form gaining alternative land and requiring longtime to resettlement even if they were received just compensation. To resolve this problems government has made several measures but it was not enough to establish fundamental migration policy. Some resident, who have stable living foundation, is prone to take free-migration. In these respect, to provide not just nominal but substantial migration policy, the project developers must carry out migration policy like preparing housing. The "Special Provision of Housing or Purchase Right for Migrants", which forms a part of the relocation measures, involve the project implementers creating housing lots within or near the relevant project district pursuant to relevant laws such as the Housing Act and the Housing Site Development Promotion Act. In order to improve such relocation measures and system of special provision of housing for migrants, first, legal feature of special provision of housing or purchase right has to be considered as the just compensation. From the idea about just compensation, the livelihood compensation has to be granted as a constitutional right of displaced people whose property rights were in fringed. Second, the relevant laws should incorporate detailed delegation provisions regarding relocation measures so that relocation measures applicable by project and by project implementer do not change and the applicable provisions and standards of relocation measures by project should be adjusted to be similar. Third, relocation measures should be established at an early stage so that it may be included as a matter for ruling and the suggestions of migrants subject to relocation measures should be actively heard and reflected during the establishment and implementation stage of relocation measures.

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