공익사업에 따른 생활대책제도의 실증분석

Abstract

The purpose of this study is to contribute to the efficient promotion of public works and to faithfully protect the people's property rights and living rights by deriving the issues of living measure system of public works in Korea and seeking the improvements based on this. To this purpose, the jurisprudential approach was first attempted to interpret the legal principles of living measure of public works. Next, the implementation case analysis, dispute case analysis, and precedent analysis were conducted to analyze the actual condition of living measure of public works. After deriving the issues of living measure system of public works by combining the legal principles interpretation and actual condition analysis, the improvements were sought based on this. From the perspective of realizing justified compensation in relation to the living measure system of public works, the following improvements were devised as the result of deriving legal and institutional issues focusing on the equity aspect of living measure and the smoothness aspect of public works, and seeking the improvements. First, in order to secure the equity of contents of living measure, the basic regulations for establishment and implementation of living measure should be newly established in the ｢Act on the Acquisition and Compensation of Land for Public Works, etc.｣. Second, in order to secure the equity of living measure targets, the scope of living measure targets should not be limited to those who have entered into the consultation contracts and migrated by themselves, but also include those who have been judged the expropriation decision. Lastly, in order to support the migrants to smoothly convert to the other vocations, the professional vocational training should be preceded by the preferential hiring and job placement.