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Legal review to eradicate speculation and compensate for legitimate losses

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 95(), pp.73-94
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2021
  • Accepted : August 23, 2021
  • Published : August 25, 2021

ShinPyeongWoo 1

1명지전문대학

Accredited

ABSTRACT

Compensation for loss resulting from acceptance is the basic responsibility of a state that is faithful to the protection of private property rights guaranteed by the Constitution. Therefore, it is reasonable that the resulting compensation should be a legitimate compensation. However, speculative activities aimed at compensation such as planting seedlings and growing hives in places where public utilities such as the development of new cities are definitely expected by utilizing prior information like the so-called "LH situation" must be eradicated. The reason why such speculative activities are not eradicated is clearly the institutional aspect that the base point of loss compensation overlooks such speculative activities. On the other hand, it is clear that the compensation amount did not reflect the current market price from the perspective of those who were originally eligible for the consultation and acceptance of the indigenous people. In addition, under the current system, the owner is fundamentally excluded from the reduction of the remaining land unless there is a separate claim from the landowner, and there is also an institutional limitation where the valuation of the remaining buildings is significantly reduced. Therefore, 103 laws, including the Act on Acquisition and Compensation of Public Interest Projects, should supplement the institutional loopholes that restrict development activities such as land after the project recognition notice, and promote the revision of the statute to the time of project recognition. And for fair compensation, the actual transaction price, not the official land price, which is the standard for land compensation, needs to be reflected, and since the Emotional Assessment and Appraisal Service Act is enacted, it would be reasonable to revise the Public Interest Business Act in accordance with this. In addition, it would be necessary to institutionalise the project operator to clear the project completion date notice at the stage of the compensation assessment of the residual land, and to grant the project owner the right to claim the project.

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