사업손실보상제도의 개선방안에 관한 연구

Abstract

This study is concerned on the contribution to the appropriate loss compensation and smooth performance of public projects, by analyzing the contents of the public project loss compensation, deriving the problematic points from the current system and suggesting the detailed improvement scheme. A summary of problems with the compensation for public project loss in effect are as follows. First, under the current Land Expropriation Act, compensation for lands located outside of public project zones, compensation for business losses caused by public projects and compensation for public project loss such as noise / vibration / dust / right to sun / drying up of water / etc. concepts are not clearly distinguished or defined. Second, the absence of regulations on compensation for damages arising outside of the public project zones nor damages on physical / technical aspects making redemption of rights difficult so that project periods often have to be extended due to complaints from and demonstrations by the public. Third, there is a waste of administrative efforts and of government budget that should be spent in public projects with suits being brought for public project loss in cases where damage occurrence can easily be foreseen and other cases where compensations are obvious. The following is a summary of ways to improve the problems arising from compensation for public project loss. First thing that must be established is the concept of compensation that views all public project loss, arising from results of public projects as subjects of compensation. Second, regulations should provide the basis for compensations in cases of public project loss occurring outside of public project zones because direct redemption of rights by victims is not easy. Third, it would be desirable to place the new compensation regulations under the authority of the government body in charge and to prepare detailed criteria / standards and internal regulations for project implements so that matters of compensation can be judged discretely case by case.