규제수용과 보상: 장기미집행 공용수용사업들을 중심으로

Although a vast amount of areas has been designated by local governments for building urban planning facilities in Korea, actual takings for such constructions have often been delayed for long time. These non-executed urban planning facilities incur a significant level of losses to landowners because their development activities are severely restricted upon the designation regulation. In fact, the non-executed facilities also cause social costs such as the inefficient use of land, destruction of village communities, disputes, and demoralization costs. This paper, based on the utilitarian theories of regulatory takings, probes that adequate compensation to landowners can be not only a fair solution to the regulated but also an efficient mechanism that effectively deters the over-regulating incentives on the part of the regulators. Furthermore, the paper investigates the current situation concerning such non-executed facilities nationwide, utilizing a large-scale dataset that was collected in a preceding study (Kim, 2018). From the dataset, we discover several interesting characteristics about the regulatory taking that were not explored sufficiently in the preceding study. Surprisingly enough, once actual takings are delayed for ten years, the conditional probability of the delay for more than fourteen years ran as high as eighty percent. The paper also attempts to estimate the monetary losses to landowners incurring from these non-executed facilities, based on a few tentative parameters already estimated in the aforementioned preceding study, by a loss-calculation method that is generally consistent with the major principles offered by the court overseas. For instance, in the most typical case of designating the urban planning facilities (i.e., roads) with the average duration of the regulation (i.e., thirteen years), the losses were calculated to be about four million won for the average size in the sub-sample of parcels where the designation of roads was made by the government. The level of losses increased up to one hundred million won for the parcels located in the residential areas that usually command higher land prices. The current study, in spite of the tentativeness of all these statistical figures, suggests a revision in the relevant laws to render the requirement compensation more explicit and extensive. To be sure, further rigorous estimation is necessary before such legislation is implemented in a fairly workable fashion.