earticle

영어

The Korea Land & Housing Corporation has recently announced the project adjustment plan to cancel, reduce or change the designated project district due to the worsening of the business value and burden of debts arising from the recession of real estate business. The landowners residing in the areas where the designation of the project has been cancelled or reduced have come to suffer from the tremendous loss of property rights. Whether the loss of this property rights may be categorized as the particular sacrifice and the loss may be compensated for is at issue.
But the governing law of individual public service projects does not require loss compensation. This study attempts to make a concrete survey of the types of damage and present the solution through the investigation of overseas legislation, in order to examine the problem of loss compensation arising from the cancellation of the public-service district. As a result, it proposed the plan to complement the Public-service Compensation Law in a general legal position of public infringement and loss compensation as the legislative alternatives to loss compensation.
The compensation plan is examined, when the passage of 3~5 years under restriction on the rights is regarded as the special sacrifice in case of the delay of the project, or whether the financial cost is related to the provision of the alternative land in case of the change or cancellation of the project. And we attempted to investigate the plan to prevent the prolongation of the project or the procedural improvement plan, such as the complementation of the procedures for public hearings, considering the importance of the protection of property rights at the prior stage.