토지보상법의 최근 개정 동향- 공용수용에 대한 실질적·절차적 통제의 강화를 중심으로

Abstract

The continuing criticism that the exercise of eminent domain power (also known as “expropriation right”) centers on ensuring convenience in pursuing public sector-led development projects and concerns over the government’s misuse and abuse of such power triggered the need for stronger substantial and procedural control with respect to expropriation of land for public projects through the revision of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Expropriation Act”). Specifically, the revised Land Expropriation Act restrictively enumerates the types of public projects in which the exercise of eminent domain power is permissible, and requires the competent government body to seek cooperation, understanding, and opinions from relevant administrative agencies, the Central Land Tribunal, and interested parties on the legality and validity of expropriation and use of land for public projects (see Articles 4 subparag. 8, 4-2, and 21(2)-(3)). While the Act takes into consideration that the public project approval system is being broadly utilized, it does not provide for the introduction of a uniformed approval system as a way to determine whether it is necessary to keep the expropriation procedure intact. Nonetheless, the revision is positively deemed as a first step toward further legislative improvements to ensure that the eminent domain power is properly exercised and the expropriation procedure is strictly monitored.