부동산 투기예방을 위한 대토보상제도 활성화 방안 연구 : 토지보상법 개정 필요성을 중심으로

Land compensation refers to the right of indigenous people to be compensated with land in the district as a means of cash replacement compensation after development in the project zone is completed. Indigenous people's right to compensate with land in place of cash compensation is a legally valid right under Article 63 of the Land Compensation Act of Korea. However, the real land compensation system has not been activated based on the land compensation performance of each business district. There are a number of complicated reasons for this, but policy issues were excluded from the study as part of the government's policy of promoting land compensation. In institutional matters, it is necessary to revise Articles 63 (1) through (3) of the Land Compensation Act for the Promotion of Land Compensation. Only when the law is amended will the implementer's guidance on land compensation be changed. The purpose of this study is to revitalize the land compensation system due to the revision of the Land Compensation Act, prevent real estate speculation in new town development areas, and devise fundamental measures to enjoy resettlement opportunities and development profits. In addition, the implementer of the project will return some of the indigenous people's resettlement and development profits to the indigenous people only when compensation is made in consideration of the characteristics of the indigenous people (metropolitan and non-metropolitan areas) before the law.