협의보상율 향상을 위한 제도 개선 연구

Abstract

The state or public institution implements many public utilities, including multi-purpose dams, roads, railways, ports, and industrial complexes, and houses or educational facilities, and the state or public organizations first consult with their owners to acquire them. At this time, if a smooth consultation is made, necessary land, etc. is purchased by signing a mutual contract, and if the consultation is not made, land for public works is forcibly acquired through the land expropriation system. The Act on Acquisition and Compensation of Land, etc. for Public Works (hereinafter referred to as the "Land Compensation Act") stipulates "Acquisition or Use by Consultation" and "Acceptance or Use of Land, etc." If consultation with landowners is not smooth, it takes at least one year to settle an objection. Therefore, considering the speed and efficiency of the project promotion and the economic benefits of the expropriated landowners, it is desirable to ensure that the project can be promoted and completed quickly through smooth consultation between the project operator and the landowner. Therefore, this paper aims to examine the status and procedures of consultation compensation through an overview of the consultation compensation system under the Land Compensation Act, and to derive implications for Korea through a review of foreign expropriation systems and consultation compensation systems. Through this, we tried to examine the problems related to the current consultation compensation system and suggest ways to improve it. As a result, "the need to improve the uncertainty of the provisions of the Land Compensation Act, rationalization of the period in the consultation compensation procedure, efficient operation of the compensation council, provision of benefits for consultation compensation, and adjustment of compensation calculation standards" were suggested as improvement measures.