토지수용과 손실의 보상에 관한 연구 - 토지수용 보상과 손실보상에 관한 판례 중심으로 -

Abstract

In Article 23 of the Constitution, all people's property rights are guaranteed, and its contents and limitations are prescribed by law. The exercise of such property rights shall be suitable for public welfare, and the acceptance, use or restriction of property rights by public necessity and compensation thereto shall be prescribed by law and due compensation. The land expropriation procedures under the Act on Acquisition of and Compensation for Land, etc. for Public Works are carried out by the recognition and acceptance of the project, and the difference in the protection of individual rights arises depending on how the relationship between the two is viewed. In addition, the Land Compartmentalization and Rearrangement Project is a project to raise the value of utility as a land and improve the residential environment by rationally dividing the land in the area and installing various public facilities by organizing the topographical and land forms. It was implemented for large-scale housing development in the 1960s and 1970s, and the compensation for the conversion method to landowners resulted in side effects such as privatization of development profits and a rise in land prices. In this regard, various cases surrounding land expropriation and loss compensation will be analyzed and various opinions will be presented.