손실보상액 산정절차와 보상액 결정기준에 관한 연구

It is very important how to establish a system to achieve just compensation. Various discussions and experiences on compensation are stipulated in the Takings and Compensation Act. However, in determining the scope of compensation and the amount of compensation, the principles set by the Act are not properly observed. This is because individual laws have various exceptional measures. Each year, more than 3,000 projects are developed by eminent domain. But, Less than 1% of projects are implemented based on the Act. 99% of projects are initiated by exceptional 93 laws. This process is called the ‘quasi-permission of a public project.’ The institution for only facilitate the takings process functions to reduce the scope of compensation and the amount of compensation in Korea. Also, there should be only a year time-lag between acquisition through negotiation and compulsory acquisition. ᅲBut, this period can be extended by 77 laws. The increase in land prices during this period is not properly reflected in compensation valuation. Exceptional legal provisions in favor of the developer should be deleted for just compensation. In addition, it is necessary to consider the new compensation rule. First, it is to give more compensation to owners who hold it for a long time. Second, it is to share the development surplus with the owner in economic development projects.