개발이익 배제 원칙에 대한 소고

For the fairness and sustainability of large-scale development projects, it is essential and very important to determine the relevant standards on the allocation of betterment to real estate. In our law of eminent domain, it is one of the principles that the betterment which occurs through the development project should be excluded from the compensation to land owners. And this principle is also repeatedly recognized by the Supreme Court and Constitutional Court. But in specific cases, determining the extent and range of this principle brings not only difficulty but also constitutional issues. The principle of betterment exclusion can be constitutionally justified but in practice the compensation based on the officially appraised standard land price cause problems on just compensation. In addition, private takings raise issues of equity when complying with the principle. Speculative activities and rent-seeking behavior to acquire betterment profit should be prohibited. But betterment exclusion should not go beyond that purpose in order to secure the just compensation. To make betterment exclusion with just compensation more compatible, improving land appraisal methods, rationalizing the official land price, intensifying residents’participation and depriving speculative betterment profit more thoroughly are to be considered.