미국과 독일헌법상의 공용수용과 보상에 관한 비교적 고찰

The modern constitution prescribes the system for capitalism and the idea of social state. The idea of social state in the modern constitution has been adopted for resolution about the problems that is caused from capitalism. The modern constitution prescribes also the social obligation of property right. According to the social obligation of property right, property right is to be restricted without the compensation. Constitution prescribes also about the restriction of property right which has to accompany the compensation for public purpose. The modern constitution prescribes as ‘taking’ about restriction of property right unlike expression about the restriction of other fundamental right. The constitution prescribes the essential requirements for taking. This structure for guarantee of property has been adopted in constitution of united states america and germany. Korean constitution has been adopted the similar system as this states. Therefore, it is for the theory of interpretation for property of these constitution to be of help to interpret for the property in korean constitution. This paper is started from this premise. It has been for this paper to investigate the leading case of supreme court of U.S.A. and constitution court of germany. This paper has presented the method for interpretation on the problems that is caused of the system of property in korean constitution from the result of this investigation.