이주대책 보상제도의 문제점 및 그 개선방안에 관한 연구

Abstract

It is generally accepted that compensation laws aim to compensate for a loss in living standard throughout the various relocation measures both in academic disciplinary and precedents. The compensation for a loss in living standard means to restore the expropriatee’s living standard to the status quo ante. However current compensation for a loss in living standard has some problem in terms of the principles of laws since it was developed and institutionalized with the rapid growth of development business. One of the problems in the compensation for a loss in living standard is the equity of compensation. The reason why the issue of the equity of compensation is happened is that there are numbers of laws which rule codes of compensation. Therefore it seems necessary to manage current system of compensation laws to minimize the difference of compensation from the laws. The second reason of the issue of the equity of compensation is that current land compensation law which rules relocation measures has yet to present clear rules for the implementation of relocation measures. That is, although current land compensation law regulate construction and provision of moving settlement, provision of financial aid for resettlement, and special provision of resettlement land and resettlement house the compensation effects of these provisions are quite different due to the different condition and content of the provisions, respectively. The final reason of the issue of the equity of compensation comes from inequitable distribution of development profit between expropriated land owners and neighboring land owners. Based on these findings this study suggests that it is necessary to continue research about the way to secure the equity of compensation including relocation measures.