Eminent Domain에 관한 미국 연방대법원 Kelo v. New London 사건 분석

Judicial decisions the Matter in Kelo v. New London American Supreme Court of the Eminent Domain

&nbsp;&nbsp;Eminent Domain has been a great matter of interest in American society. The 5th Amendment stipulates about eminent domain, meanwhile the Korean Constitution Article 23 (3) provides it. Both of the provisions have similar meanings in spite of trivial differences on the forms.<BR>&nbsp;&nbsp;In America, opinions have divided over the boundary of eminent domain, especially over private development, which means, in short, a private entity, for example a corporation for private profits projects public development plan. To speak roughly, there has been the conflict between two opinion, the first being what in the case of private development, permit a broader generosity of eminent domain, whereas the second being what gives more importance on private property, so to speak, having eminent domain get more difficulty.<BR>&nbsp;&nbsp;Judicial decisions also have been divided, but the main stream being the former. June, 2005 the American Supreme Court eventually adjudicated one more time on this matter in Kelo v. New England, which attracted a great attraction of American society . The majority of 5 to 4 concluded for the former. But powerful dissents was attached. It particularly stressed the sacrifices of the social weakness and ethnic who don&quot;t have proper influence on the process of eminent domain. And this is verified by vivid, corroborative evidences.<BR>&nbsp;&nbsp;In interpreting the Korean Constitution Article 23 (3), so it is necessary for us to give a full heed to the American experiences in the process of eminent domain so that the property of the social weakness couldn&quot;t be victimized unfairly under the name of void &quot;public welfare&quot;.