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학술논문행정법연구2010.12 발행KCI 피인용 9

이주대책의 개념과 특별공급의 적용법조

A concept of the migration measure and regulations for the special provision

김종보(서울대학교)

28호, 163~182쪽

초록

The migration measure means needs for migration and measures that are caused by public work in general. This is pretty same with livelihood compensation and includes stipend for residential move, compensation for tenants etc. On the contrary to this, the migration measure in a narrow sense signifies making migration settlement and providing houses and housing sites. Owing to different concepts on the migration measure, a range of applications and laws applied are not clear. The migration measure in act on the acquisition of land, etc. for public works and the compensation therefor is creation of migration settlements and collective migrations. The developers can award resettlement stipend instead of creation of migration settlements, if there are statutory reasons. The special provision is a mean of livelihood compensation in a development project that builds houses and housing sites. It substitutes for migration measures. Clauses for migration measures are not applied for special provisions, because it's a matter of choosing either migration measures and special provisions. Historically, the clause for expense of facilities stipulates expenses of migration measures in detail. So it is not applied for special provisions. An added clause recently in act on the acquisition of land, etc. for public works and the compensation therefor is open to dispute concerning the scope of delegation, a range of applications etc. Furthermore, this added clause is not applied for cases that are developed before the revised law would go in effect.

Abstract

The migration measure means needs for migration and measures that are caused by public work in general. This is pretty same with livelihood compensation and includes stipend for residential move, compensation for tenants etc. On the contrary to this, the migration measure in a narrow sense signifies making migration settlement and providing houses and housing sites. Owing to different concepts on the migration measure, a range of applications and laws applied are not clear. The migration measure in act on the acquisition of land, etc. for public works and the compensation therefor is creation of migration settlements and collective migrations. The developers can award resettlement stipend instead of creation of migration settlements, if there are statutory reasons. The special provision is a mean of livelihood compensation in a development project that builds houses and housing sites. It substitutes for migration measures. Clauses for migration measures are not applied for special provisions, because it's a matter of choosing either migration measures and special provisions. Historically, the clause for expense of facilities stipulates expenses of migration measures in detail. So it is not applied for special provisions. An added clause recently in act on the acquisition of land, etc. for public works and the compensation therefor is open to dispute concerning the scope of delegation, a range of applications etc. Furthermore, this added clause is not applied for cases that are developed before the revised law would go in effect.

발행기관:
행정법이론실무학회
분류:
법학

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이주대책의 개념과 특별공급의 적용법조 | 행정법연구 2010 | AskLaw | 애스크로 AI