公益事業用地取得補償法에 關한 小考

A study on the Expropriation for Public Works and Compensation Act

Public Works for the Complementary and Purchase of Land Law was made on February 4, 2002 and it is enforced from January 1, 2003. We have two kinds law before this law made. One is the Acquisition of Public Land and Complementary Act is belong to the private law. The other is the Compulsory Purchase of Land Law is belong to the public law. There was the section which was duplicated each other, and the two law caused disorder. Therefore, scholars and lawyer hoped to be unified in the law that two law was one. According to this law to have been unified is to be born in this time. But, the above problem has not been solved satisfactorily yet. That was did not reflected expert opinion. Therefore, this law is going to indicate a problem to have. the First, It must exchange the protection which property rights are reasonable for the term that was just protection of property rights in this law article 1. the Second, It will elide "to use must delete land according to other law except" in this law article 4, section 7. the Third, It deleted a signature seal rule of the public employee who participated in the spot in new law, or an owner of he pertinent land deleted the rule that had to be included above 30% in this with configuration of a commissioner of a deliberation committee and did not leave a detailed rule of execution by proxy. This is because the side preserving private property rights grows weak. the Fourth, local Committee of Expropriation have same power of the National Committee of Expropriation. Therefore, it must do it in order to be able to Local Committee with an independence legislative organ. The fifth, this judge's robe article 91, section 6 must be elide. the Lastly, range of a Compensation must be expanded.