토지보상협의회 설치 및 운영에 관한 문제점과 개선방안

Abstract

Public utilities are operated through the compromise between a land’s owner and the operator who wants to get the ownership of the land. It is suitable for private self-governing principles. Private property right should be guaranteed by the constitution. There is a law regulating Compensation Council that discusses how to compensate in accordance with the law of owning and recompensing for public utilities. Compensation Council could infringe on the private property right. Thus, explicit and specific regulations about compromise should be sated in the law. As a measure to improve the law, the causes to establish temporary and obligatory council are regulated in enforcement ordinance. To protect the property right of the minority by the constitution, however, it is needed to exclude the regulation on temporary council. Rather, it should be changed into obligatory regulation. This study reviewed some problems the law of compensation council could have like limiting or infringing on the private property right. Thus, it suggested alternative improved measures.