영업손실 보상범위의 문제점과 개선방안
Issues and improvements on the Compensation Coverage of the Business Loss
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Usually, the rightful persons of business compensations have to transfer their business offices. However they are consistently complaining about the difficulties of selecting alternative offices and lack of compensation, etc. Those complaints bring about the delay of public works. Thus, rational and realistic system is urgently needed to avoid the delay of public works. The purpose of this study is to find out the problems on coverage of business loss compensation. Largely the coverage is divided into the compensation items and period of compensation. Literature reviews, interviews and survey are used for the research. In the compensation items, the special articles of compensation are confusing and the goodwill is not included on the business compensation. The compensation for temporary offices is insufficient. The periods for the closure compensation are fixed and the periods for closed compensation are unreasonable. Improvements are as follows : First, in the compensation items, the special articles of compensation should be unified. The administration goodwill should be included in the business compensation. The compensation for temporary offices should be sufficient. Next, the period of closure compensation should be applied flexibly and the period of closed compensation should be expanded.
Abstract
Usually, the rightful persons of business compensations have to transfer their business offices. However they are consistently complaining about the difficulties of selecting alternative offices and lack of compensation, etc. Those complaints bring about the delay of public works. Thus, rational and realistic system is urgently needed to avoid the delay of public works. The purpose of this study is to find out the problems on coverage of business loss compensation. Largely the coverage is divided into the compensation items and period of compensation. Literature reviews, interviews and survey are used for the research. In the compensation items, the special articles of compensation are confusing and the goodwill is not included on the business compensation. The compensation for temporary offices is insufficient. The periods for the closure compensation are fixed and the periods for closed compensation are unreasonable. Improvements are as follows : First, in the compensation items, the special articles of compensation should be unified. The administration goodwill should be included in the business compensation. The compensation for temporary offices should be sufficient. Next, the period of closure compensation should be applied flexibly and the period of closed compensation should be expanded.
참고문헌 (16)
- 류하백, "일본의 손실보상제도 해설" (1999), 감정평가연구원
- 박윤흔, "행정법강의(상)" (2001), 박영사
- 석종현, "일반행정법(상)" (2005), 삼영사
- 이선영, "신토지수용과 보상법론" (2008), 리북스
- 用地補償實務硏究會, "營業補償の理論と實務" (2009), 大成出版社
- 민태욱, "營業補償에 있어서 信義誠實原則의 適用에 관한 硏究", 토지공법연구, 16(1), pp.7~180 (2002), 한국토지공법학회
- 이헌석, "영농보상제도에 관한 연구", 토지공법연구, 44, pp.67~86 (2009), 한국토지공법학회
- 유일용, "공법상 영업손실보상에 관한 연구", 박사, pp.2006
- 이윤경, "공공사업 시행시 영업보상의 개선방안", 석사, pp.2002
- 차용석, "상가권리금의 형성요인과 산정방식에 관한 연구", 석사, pp.2004
- 김중수, "공공용지 취득과정에서의 정부신뢰에 관한 연구", 박사, pp.2006
- 국책사업의 갈등해결을 위한 보상제도 개선방안연구, "정희남", 국토연구원, ~ (2008)
- 공공용지취득 및 손실보상제도 개선방안 연구(Ⅱ), "건설교통부", ~ (2000)
- 토지보상제도 개선 연구, "건설교통부", ~ (2005)
- 소상공인진흥원, "제1차 소상공인 경기동향 모니터링 조사결과", ~ (2008)
