土地收用에 따른 損失補償額 算定의 具體的 方法

Abstract

Article 23(3) of Constitution of the republic of Korea stipulates that expropriation from public necessity and compensation therefor shall be governed by Act, and provided, that in such a case, just compensation shall be paid. It means that the state should compensate landowners for their special loss completely. Land cannot be produced or substituted, and our disposable land is in an absolute shortage in comparison to the population. So the necessity for the efficient and balanced use of land through expropriation is getting bigger than ever before. ACT ON THE ACQUISITION OF LAND, ETC. FOR PUBLIC WORKS AND THE COMPENSATION THEREFOR, set up to embody constitutional thoughts, is prescribing matters for indemnity of any loss incurred by the acquisition of the land, required for the public works through consultations or expropriation. According to the provision of the Act, we should establish a standard based on the price of the reference land, and should eliminate the influence of that public work simultaneously. In the case, after the land was designated for development of a park(urban planning facility), ‘use area’ was changed from ‘ordinary residential area’ to ‘natural green area’, in process of long-term non-performance of urban planning. In the recent Supreme Court Decision 2006 Du 11507 delivered July 12, 2007 the court ruled that the change should not be considered, therefore the reference land, located in the same ordinary residential area, should be chosen in calculating the compensation for loss in land expropriation. The author of this paper agrees with the Supreme Court’s decision in that ‘use area’ is the root of our land administration, and ‘development gain(loss)’ should be denied. Furthermore, when the new restrictions are set up as a result of change of land shape or conditions, caused by the long-term non-performance of urban planning, the consequence of the new limitations should be ruled out, to fully guarantee the right of property of all citizens.