earticle

영어

The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor play a role as the framework act regarding the expropriation for public works and the compensation for their loss. In other acts, the special provisions against the same Act are prescribed and then the provisions of the same Act may apply mutatis mutandis with respect to the other matters. As a result, the provisions regarding the expropriation prescribed in each act has the standard pattern.However, the same Act may not play a role as the framework in case of entering land in possession of another person to inspect and to survey necessary for enforcing public-interest project, temporary using land in possession of another person as provisional loads, or changing/removing of obstacles. The same Act prescribes the matters about the requirements of entering land in possession of another person, the procedure, the compensation for loss, the penal provisions, etc. in detail, while the National Land Planning and Utilization Act also prescribes the matters about entering land in possession of another person, etc. in detail. In other acts, usually one of the two acts shall apply mutatis mutandis, and the way of applying is somewhat different. Even some acts may have an independent provision regardless of the two acts. As a consequence, the matters about preparation activities for enforcing public-interest project may not have the standard pattern and different contents may be prescribed in each act, which may cause a stir in legislation, interpretation, or application. This article will examine the legislative cases about entering land in possession of another person, etc. focusing on the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and the National Land Planning and Utilization Act, analyze the strengths and weaknesses, and present a proper legislative model based on the most reasonable legislative case.