韓美 FTA의 間接收用과 韓國 損失補償 法理의 比較 硏究

This paper explores how the indirect expropriation provision in the Korea-U.S. FTA will affect the Korean legal system on the similar principle. To do this, it examines the development and the meaning of indirect expropriation in international law and regulatory taking in the U.S.; and compares with the Korean legal principle under the Constitution. As a result, it has found that the Korean courts have already recognized the similar concept to regulatory taking or indirect expropriation, although they do not admit the term of regulatory taking or indirect expropriation. However, it is likely that the Korea-U.S. FTA will further the change of the Korean legal principle on the compensation requirement under the Constitution toward more reasonable structure.