공용수용제도의 발전적 개선방안

The Korean Constitution provides for just compensation in cases of takings : Article 23 (3) takings, use, or restriction of private property from public necessity and compensation therefore are governed by law. It is stipulated by “Act on the Acquisition of Land, Etc. For Public Works and the Compensation Therefore of 2010” (the Compensation Act). The purpose of the 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 the 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.” Chapter VI of the Compensation Act outlines the possible types of indemnities and relevant methods of payment to be made to the “landowner or person concerned for any loss incurred by acquisition or use of the land, etc. required for public works.” Besides lawful landowners, “person[s] concerned for any loss” are also included in the compensation scheme. It may protect tenant's interests. There is no proper compensation for the evicted tenants according to the acts. South Korea has had decades of social unrest resulting from the lack of compensation, The act also has some provisions about the repurchase right for the taken property' owner. The pre-requisition of repurchase is too difficult to meet and the government also has the power change the public projects to keep the land for public purpose. The government is needed to introduce civil penalties to disgorges windfall-profits from curmudgeon and some kind of shield to deflect the ever-mounting resistance.