연혁적 고찰에 따른 잔여지 보상규정의 법적 쟁점

The concept of ‘remaining land’ refers to land that is not incorporated or included when a portion of ‘a group of land’, owned by the same individual, is acquired or used for public works projects. Compensation for remaining land can be categorized into three types: compensation for the acquisition of remaining land, compensation for losses of remaining land, and compensation for construction costs. ‘A group of land’ represents land with similar characteristics resulting from its general use. The criteria for identifying ‘a group of land’ include the sameness of ownership, continuity of the ground, and uniformity of purpose. ‘Sameness of ownership’ implies that the land belongs to the same owner in terms of ownership. ‘Continuity of the ground’ suggests that a ‘group of land’ should possess contiguous or adjoining characteristics. ‘Uniformity of purpose’ refers to the objective conditions resulting from its general use being consistent. Previously, prior to the enactment of the 「Act on Acquisition and Compensation for Land for Public Works Projects」, compensation was governed by the 「Land Expropriation Act」 and the 「Negotiatory Land Purchase and Compensation Law」. The 「Land Expropriation Act」 regulated land acquisition through expropriation, while the 「Negotiatory Land Purchase and Compensation Law」 governed land acquisition through negotiation. Currently, the 「Act on Acquisition and Compensation for Land for Public Works Projects」 has been implemented to unify the dualistic land compensation system. Article 74 of the Act governs the compensation for the acquisition of remaining land, while Article 73 covers compensation for losses of remaining land and construction costs. Approaching this issue from a positive standpoint based on a historical analysis, two significant aspects emerge. Firstly, the 「Act on Acquisition and Compensation for Land for Public Works Projects」 has provided greater clarity on the rights and obligations related to land compensation through revisions. Secondly, there has been a gradual extension in the application or claim period, allowing for increased opportunities to claim compensation. However, a critical analysis reveals several negative aspects. Firstly, the integration of the 「Land Expropriation Act」 and the 「Negotiatory Land Purchase and Compensation Law」 has resulted in complexities and changes in the provisions pertaining to remaining land compensation. Secondly, although there have been some improvements in the regulations and procedures through amendments to the Act, further refinement is still necessary. Thirdly, despite the extended claim period for remaining land compensation, which has led to a dualistic approach in the claiming procedure, a comprehensive examination and legislative response to address new legal issues have been lacking. Finally, the provision granting the project operator the right to purchase land may be perceived as favoring the operator over safeguarding landowners' property rights.