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The Paradigm Shift and Tasks on Violation for Public Use and Compensation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.111-140
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

kyungkyu seo 1

1대구가톨릭대학교

Accredited

ABSTRACT

It has been 100 years since the system on violation for public use and compensation was implemented. In the past 100 years, our environment has changed greatly in all areas, including politics, economy, society, and culture. However, the system and theory on violation for public use and compensation have many conflicts because they hadn't actively accept the rapid changes in the related environment. This paper analyzed the change of environment over the past 100 years and researched the paradigm shift and tasks on violation for public use and compensation. In the study, as the basic direction for paradigm shift, four things were set up: democracy, legitimacy, efficiency and equity, and specific tasks were derived. First, in the principle of democracy, strengthening the requirements on expropriation, protecting the rights of stakeholders, and realizing actual just compensation were proposed. Second, in the principle of legitimacy, reorganization of relevant statutes and realization of the principle of legitimacy were proposed. Third, in the principle of efficiency, the permanent establishment of the land tribunal, the guarantee on independence of appraisal business entity and the innovation of compensation standards were proposed. Fourth, in the principle of equity, the innovation of land compensation standards and the enhancement on equity in the relevant system were proposed.

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