私的 개발의 공용수용에 관한 연구

A Study on the Eminent Domain for Private Owner

Recently, as the private sector have been increased in national economy, and many acts have appeared to authorize private expropriation. In those acts, the point is the range of permit, to which private can be authorize the expropriation right, because the right has public colors so it should satisfy the public necessity provided in Constitution. In addition, when the acts permit private expropriation can be compensated for the protection of their fundamental rights. This article aims to collectively examine the viewpoints of the scholars and courts about the above matters, to readjust the legal theories around the matters, and to present improvement devices of the law and the system related to the matters.