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A Comparative Legal Review on the Standard for Public Interest of Project Recognition System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 85(), pp.21-42
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2019
  • Accepted : February 15, 2019

Seok,Ho-Young 1

1명지대학교

Accredited

ABSTRACT

The Land Compensation Act stipulates that a particular project that can accept or use another person’s land should first fall under ‘the project for public interest’, and the government’s decision that the relevant business falls under the project for public interest which allows the project operator to use or accept other person’s land has to be made. This is called ‘the project approval’. In addition, the Land Compensation Act also stipulates that the project that an accept or use land etc has to conform to the projects listed on the [Appendix] under Article 4 paragraph 8 of the Act, and projects that can accept or use land etc. can be settled on the criteria of ‘project approval’ under the Land Compensation Act if there are certain procedures for approval of development plans, approval of implementation plans or approval of formation plans as provided under each individual law. In spite of the fact that the former ‘project approval’ is the first step in the process of accepting and using one’s land, in practice, the latter ‘project deemed project approval has been used as a method of evading the procedure of project approval, which grants the right of eminet domain to the project operator. As a result, it has been pointed out that the scope of public service projects is unclear as a result of the widespread recognition of the business recognition system in individual laws, and thus the security of people’s property rights is not stable. Accordingly, on December 29, 2015, the National Assembly amended the relevant regulations under the Land Compensation Act, including the request of the Central Land Expropriation Committee before the approval or approval of the project was granted to guarantee the participation opportunity for the people and to enhance the public interest. In the end, the most important thing in a project subject to the Land Compensation Act for Public Use or the project recognition system is whether or not the public interest for the project can be clearly judged and whether a adequate legal system is prepared for the project. Thus, this paper will first review the revision of relevant regulations under the Land Compensation Act and the contents of recent researches performed in relation to the business recognition, and then review the current standard for public interest in the existing business recognition system through the comparative research on the judgment criteria for public interest in Japan which has the most similar system compared to South Korea in the business recognition.

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