토지보상에서의 공익과 사익의 조화

Abstract

In expropriation of land, there is a conflict between public interest and private interest. Public interest request land expropriation, but it deprive ownership from private owner. It is unreasonable to give priority only one party, so reasonable balance is need between the two interests. With this point in view, the Constitution request ‘public needs’ to expropriate land and ‘just compensation’ to private owner. The main purpose of land expropriation is to pursue public interest. The modern state which act in wide-ranging area for people can expropriate land extendedly. Even law permit for private housing developer to expropriate land. In this case, the balance between public interest - private interest of developer - private interest of land owner are out of proportion, and there is no legal device to use the profits which derived from land expropriation continuously for public needs. So giving land expropriation power to private housing developer is required further examination. ‘Just compensation’ are composed ‘justified price compensation’ and ‘exclusion of development gains’. ‘Justified price compensation’ which means ‘compensation by market value’ is properly observed. Though Land Compensation Act prescribe that land is compensated by Standard Public Land Price, actually land is compensated by market sales price. On the other hand, ‘exclusion of development gains’ is not observed properly, it is influenced by appraiser’s discretion, because regal device is inadequate and public implementer is passive in control. So it is desirable that change legal standard of compensation from Standard Public Land Price to market value. And appraiser recommendation of owner and administrative agent system are in need of reform.