개발사업지구 생활기본시설 설치비용 산정기준의 적정성

Abstract

In development project districts, there has been a growing number of conflicts between residents and public developers as to how the costs of installing fundamental facilities for inhabitants migration measures should be allocated between them. These conflicts often take the form of lawsuits seeking restitution of unjust enrichment; more than 500 of such lawsuits have been filed nationwide, involving over 10,000 plaintiffs, and the amount of restitution is in trillions of KRW. The legal issue is whether the provisions governing installation costs of fundamental facilities should also cover inhabitants migration measures, while the technical question is how to estimate such costs. Even though the Supreme Court has decided on these issues, disagreements continue to exist. The controversy surrounding the deduction of installation costs of fundamental facilities not only concerns residents, developers, and their respective interests, but also can lead to a more serious social problem. If the residents who are not refugees but settlers eligible for fundamental facilities are allowed to take an additional deduction of installation costs of fundamental facilities, they may be awarded with development benefits in excess of fair compensation, leaving the costs to the public developers or to a third party. Therefore, when the issue of deducting installation costs of fundamental facilities in development project districts is discussed, it has to be done in the light of proportionality and the rule of excluding development benefits so that economic efficiency can be considered and achieved. This thesis discusses the allocation of installation costs of fundamental facilities for inhabitants migration measures, with a focus on the technical question of how to estimate installation costs of fundamental facilities and the problems underlying the current criteria of estimation set out by the Supreme Court, and discusses a reasonable scope of estimation. Special attention is given to suggesting a new method for estimating construction costs for roads, which has been hotly debated.