공익사업을 위한 토지 등의 취득과 그 손실보상에 있어 행정형 대체적 분쟁해결제도 연구

Abstract

「Act on the Acquisition of Land etc. for Public Works and the Compensation」 stipulates the confirmation of reaching agreements and the recommendation of compromise by the land commission as ‘administrative’ alternative dispute resolutions in the acquisition of land etc. for public works and the compensation. But the confirmation of reaching agreements and the recommendation of compromise are not widely used on account of ambiguous provisions related to each resolution. If the business operator, landowners and the parties concerned accept the recommendation of compromise, the land commission makes the compromise protocol. Ambiguous provisions related to the legal effects of the compromise protocol arouse the controversy about the practical benefit of the recommendation of compromise. It is necessary to amend the provisions related to the confirmation of reaching agreements and the recommendation of compromise to make plain the procedures and the legal effects. Especially, I suggest to give landowners and the parties concerned the rights to request the confirmation of reaching agreements. I don’t think there is any substantial reason to invest only business operators with the rights to request the confirmation. It is reasonable to let the land commission itself(not a subcommittee) recommend compromise to the business operator,landowners and the parties concerned. And the confirmation of reaching agreements and the recommendation of compromise are used after the notification of the public utility authorization. It is necessary to adopt administrative alternative dispute resolutions before the notification of the public utility authorization, such as arbitration and conciliation. Through this research, I hope the discussions on the related issues would be more active.