공익사업의 변경 또는 중복 추진에 따른 공법적 문제 - 보금자리주택사업을 중심으로 -

Abstract

For purposes of the Bogeumjari Housing Project, the government has lifted off restrictions on certain development restricted areas that have a lower level necessity for preservation. During this process, due to the simultaneous implementation of government projects for the expansion of infrastructure facilities such as the development of metropolitan urban expressways within Bogeumjari Housing project areas or the rising issue of excessive housing supply along with the recent real estate market recession, areas that were initially designated as Bogeumjari Housing project areas have unavoidably become subject to modification into other public works such as the development of industrial complexes. However, pursuant to the current Land Compensation Act, where overlapping public work projects which accompany the change to specific use areas are designated with slightly different implementation periods or existing Bogeumjari Housing project areas are changed into different public work projects, the compensation standard for the preceding project and the succeeding project is different if the subject area is assigned to both the initially designated public work project and the later designated public work project or if the initially designated public work project is cancelled and the same subject area is then designated to a different public work project. As a result, complaints from land owners are anticipated resulting from the lack of fairness in the compensation amount and, in cases where overlapping public work projects are designated, it is highly probable that such public work projects will not be smoothly carried out as it is highly likely that project operators will be demanded to grant a level of compensation that is advantageous to land owners. The current Article 23 of the Enforcement Regulations of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is used as a method to eliminate the unearned income of land owners, which is considered as private interests, in achieving the public interest purpose that exclude the gain of any development benefits that arise out of coincidental administrative actions. However, the current Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is an incomplete framework that needs to rely on legal interpretation due to defective legislation on the compensation standards for lands subject to public work projects accompanied by certain changes to restrictions in the method of construction that have not been compensated for the current project and has been repealed or cancelled, in whole or in part, and has been subsequently designated to other public work projects. Therefore, a reasonable and improvements to the system that can clarify and give shape to the legislation is demanded. Thus, to enhance the level of fairness regarding compensation and also to effectively carry out the budget and smoothly carry out public work projects, a rational compensation standard must be legislated in detail for subject lands that are accompanied by changes to certain restrictions to the method of construction such as specific use areas and have been simultaneously designated to multiple public work projects or designated to a different public work project.