@article{ART002375384},
author={Yun, Jae Seok and Jang Kyo-Sik},
title={A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities},
journal={Public Land Law Review},
issn={1226-251X},
year={2018},
volume={83},
pages={85-104}
TY - JOUR
AU - Yun, Jae Seok
AU - Jang Kyo-Sik
TI - A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities
JO - Public Land Law Review
PY - 2018
VL - 83
IS - null
PB - Korean Public Land Law Association
SP - 85
EP - 104
SN - 1226-251X
AB - The strengthening of the public's sense of right inevitably led to more than the compensation of property rights, but also to more compensation for life and other indirect rewards. Recently, there has been a lot of controversy over the compensation, as well as the public track on the cargo ship. Article 23 (3) of the Constitution stipulates that people should pay compensation for infringement of property rights by law. In order to meet a fair compensation, there is still no clear separation criteria, although there is a controversy regarding the scope of compensation. Compensation due to infringement of public utilities is natural, but the criteria for property rights compensation, living compensation, and indirect compensation are unclear. Of course, living compensation or indirect compensation through supporting legislation is becoming increasingly legal, but a clear standard has not been provided yet. It is necessary to apply different compensation ranges by type of public utility, region and subject. In addition, utilities are justified in terms of the realization of the public good, but standards need to be presented on how far they will go in terms of the scope of infringement of property rights, living compensation and indirect compensation. Good luck on the air tracks has been a controversial issue. In other words, direct limitations with respect to air tracks are compensated by internal treatment guidelines and indirect restrictions are guaranteed by statute. Also, the individual laws specify property rights, living compensation and indirect compensation, but they do not apply to all utilities. Therefore, there is a need for direct and specific criteria for the scope of life compensation or indirect compensation that can be applied to each individual project. The need for integration is also raised in the case of similar legislation in relation to air tracks.
KW - Power Transmission Facilities;the remedy of rights;indirect compensation;regulation of infringement;Property compensation
DO -
UR -
ER -
Yun, Jae Seok and Jang Kyo-Sik. (2018). A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities. Public Land Law Review, 83, 85-104.
Yun, Jae Seok and Jang Kyo-Sik. 2018, "A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities", Public Land Law Review, vol.83, pp.85-104.
Yun, Jae Seok, Jang Kyo-Sik "A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities" Public Land Law Review 83 pp.85-104 (2018) : 85.
Yun, Jae Seok, Jang Kyo-Sik. A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities. 2018; 83 85-104.
Yun, Jae Seok and Jang Kyo-Sik. "A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities" Public Land Law Review 83(2018) : 85-104.
Yun, Jae Seok; Jang Kyo-Sik. A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities. Public Land Law Review, 83, 85-104.
Yun, Jae Seok; Jang Kyo-Sik. A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities. Public Land Law Review. 2018; 83 85-104.
Yun, Jae Seok, Jang Kyo-Sik. A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities. 2018; 83 85-104.
Yun, Jae Seok and Jang Kyo-Sik. "A Study on the Regulation of Infringement and Compensation for Power Transmission Facilities" Public Land Law Review 83(2018) : 85-104.
