환매권 제한에 대한 법적 쟁점 -공익사업의 변환을 중심으로-

Abstract

This paper study legal issues on "Restriction of Repurchase Right" according to Article 91(6) of 「Act on the Acquisition of Land, etc, for Public Works and the Compensation therefor」(hereinafter "the Act"). The act has been admitted repurchase right. However, there are some restriction about the exercise of repurchase right. From the time of the introduction of this provisions sparked off a debate among the judiciary and legal scholars. In cases of the 96Hun-Ba94, June 26, 1997 and 2001Hun-Ba49, November 29, 2012, the Constitutional Court decided that Article 91(6) of the Act which admits the "Restriction of Repurchase Right" is constitutional. Nevertheless, even today, there is divided pro and con on the provisions of "Alteration of the Public Works". In this paper work to confirm the abuse of this provisions on the part of the government including excessive expropriation and alteration of the public works after expropriation due to voiding the repurchase right. Therefore, it is impossible toexercise complete repurchase right. In order to reduce the potential nefarious scheme by the State, local governments or public agencies in various public works, Article 91(6) of the Act which restricts of the repurchase right in the case of the "Alteration of the Public Works" for public needs should be revised. This is an effective way to ensure "the Continuance Guarantee of the Property Right".