土地收用과 補償制度의 改善方案에 관한 硏究
A study an land acquisition and compensation system improvements
iii, 86 p.
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After administrating of our government got such an importance, there was a period of the government actively involving into matters of citizens with their real estate properties. But now, because of the changed atmosphere of our time demanding democratization and free trading and localization, citizens defied to the government or representatives of the government demanding such sacrifices in the name of public interests. Therefore, the government was left with no choice but accept citizens requirements. So here in this thesis, I look into eminent domain and compensation systems in general to protect the citizens rights and efficient public enterprises. Countries like mine that believe in capitalism economic system, freedom and equality stipulate expressly in their constitutes about protecting citizens rights and compensating them in cases of losses. For this, my thesis is mainly dealing with two specific problems. 1. How other countries are doing with their eminent domain and compensation systems. 2. How compensation systems actually work in real term basis and what are the problems of them and how improvement plans are applied to. And in addition, I also look into what the improvements are actually all about. I studied literature and analyzed documents on the problems I mentioned above and I came to a conclusion as followed. These are the suggestions I make to improve the current system and have it function better. Government should reconsider functions of a committee with compensation and let the committee make decisions which reflect peoples demands. And the government ought to give it a thought on the need of an organization supervising the committee. Imbalance problems with acceptability application period have to be improved and limit written decision application period has to be limited while they are at it and in the case of postponing of decisions after businesses get endorsements, the decision procedures should have to be delayed and a decided day of resumed decision procedure has to be the first day of business endorsement. To provide fair compensations, unified land acquisition procedures and compensation standards are essential and when government issues official prices of lands, they have to be realistic prices and the prices ought to be fair prices comparing to Those of land owners neighbors. Also, the owners of lands that are located near of target lands shouldnt take advantage of the developments and to make it sure, a law or a statute has to be enacted. To give appropriate compensations in any cases, a standard price has to be set and with this standard price, prices for public sites can be calculated and for this, current diversified standards have to be unified and all those appreciation organizations have to be one as well. Systematic changes have to be done to burden developmen's costs with not only owners of lands in the developed area but also owners of lands being located near the developed area. Also, throughout plans and preparations have to be completed to prevent any kind of speculations in the would-be developed areas. The functions of the land acceptance committees have to be improved to have the committee keep their own independences and center land committee and local land committees have to share and burden equal responsibilities and rights.