대토보상제도에 관한 연구- 민사법적 분석을 중심으로 -

As for the Land Compensation Act, Any project operator shall indemnify landowners or persons concerned for any losses incurred by the acquisition or use of the land, etc. required for the public works(§ 61). At this time except as otherwise expressly provided for in other Acts, the indemnity for losses shall be paid in cash. Provided, That if it is deemed possible for the project operator to indemnify with land, after taking a reasonable land use plan and the project plan of the relevant public works into account, when the landowner wants such indemnity with land, he/she may indemnify with the land developed by implementing such public works pursuant to the following standards and procedures for the part, other than an indemnity paid in cash under the § 63 or in bonds under paragraphs (7) and (8) out of indemnities to be paid to the landowner. In Land Compensation Act, Prohibits of resale, Prohibits of business participation of private project operator, limitation of the area of substitute land compensation and so on are issues to be pointed out. However, improving these problems only is not enough to activate the substitute land compensation. According to comparative law discussed, the United States and Japan, the measure of compensation where all of a person’s land is taken is the “just compensation” of the property as of the time of taking. Consequently, where landowners or persons concerned for any losses incurred by the acquisition or use of the land, etc. required for the public works, the measure of compensation must be the “just compensation” in our case. In addition, It is necessary to expand the application to land held by the project operator like substitute land compensation of Japan.