일본의 토지수용법상 손실보상제도 연구

The reason for reviewing Japan's Land Expropriation Act's Expropriation Procedure and Compensation for Any Loss is similar to the fact that our current Act on Acquisition of and Compensation for Land for Public Works Projects has special restrictions on the acceptance and use of land. This is to obtain implications for improving the expropriation procedure or loss compensation system under the Land Expropriation Act by comparing and reviewing the fact that only projects listed in the Land Expropriation Act are recognized as public works projects without taking a legislative form that grants land expropriation rights in individual laws. Japan's land expropriation process is mainly divided into two stages: project approval and expropriation adjudication. The main content of project approval is to secure the publicity of the expropriation project and the expropriation adjudication is to determine compensation by the expropriation committee. In Japan, the project application procedure and the compensation determination procedure are not clearly separated into two-step procedures, but are mixed together. As such, the legislative method that unifies the project application procedure and the compensation determination procedure can be said to be similar to our system. In the acceptance process, it is mandatory to listen to the opinions of the right holder and hold public hearings, but the focus of the discussion is not the necessity of the acceptance project, but the determination of compensation, so residents are not given the opportunity to ask about the publicity of the acceptance project in the first place.