토지취득보상법상 재결에 관한 고찰

The property rights of the citizen is guaranteed by constitution, but the acquisition of land is permitted for public use. The acquisition of land for public use is the system, which take a person into custody property rights such as lands etc. for specific public works. So, the acquisition of land for public use follows in the process which the law decides and it does. For this purpose, 'ACT ON THE ACQUISITION OF LAND, ETC. FOR PUBLIC WORKS AND THE COMPENSATION THEREFOR' is established. The purpose of this Act is to ensure a promotion of public welfare and a pertinent protection of property rights through an efficient implementation of the public works, by prescribing matters for indemnity of any loss incurred by the acquisition or use of the land, etc. required for the public works through consultations or expropriation. Expropriation decision is the final stage to expropriate other's properties compulsorily for public use. Accordingly, those who insubordinate to the expropriation decision should be relieved of the people's right and interest infringed according to the procedure of the administrative appeal, and it is necessary to have the insubordinate system to guarantee the legitimacy and fitness of the administration. In this study the legal nature, appeal system, procedure etc. of the expropriation decision will be investigated.