택지개발사업에 있어서 민간에 대한 수용권부여의 문제점 검토

Korean Residential Site Development Promotion Act grants the eminent domain by the private sector for smooth residential land development. The problem is that due to the national generality․extensiveness of residential land, grant of eminent domain by private sectors would be shown a full-fledged grant of eminent domain. To resolve such problem, it should be defined more rigorously than eminent domain by private sectors in another specific area. In addition, unlike national works or government business, public services by expropriation by private sectors or private enterprises cannot assure continuous ex-post achievement in profits. If their genuine purpose, pursuit of profits doesn't come up with the conduct of competent public work, there is always a risk that the achievement of the public work would be neglected or given up. In case of granting eminent domain to private sectors, the requisite and use should be regulated more strictly rather than one of public sector to enhance the public interest and sort out companies with the object of the pursuit of profits to some degree. Also, unlike expropriation by public institutions, another problem is that there is no compulsory measure to continue the performance of a project in expropriation by private sectors. A way to resolve this problem can be expropriation by public-private corporation. In case of a process is done by private joint corporation, even if a private enterprise back out, a state or public institution that could finish the performance will remain and complete the project in the long run.