Earticle

초록

영어

The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor play a role as the framework act regarding the expropriation for public works and the compensation for their loss. In other acts, the special provisions against the same Act are prescribed and then the provisions of the same Act may apply mutatis mutandis with respect to the other matters. As a result, the provisions regarding the expropriation prescribed in each act has the standard pattern.However, the same Act may not play a role as the framework in case of entering land in possession of another person to inspect and to survey necessary for enforcing public-interest project, temporary using land in possession of another person as provisional loads, or changing/removing of obstacles. The same Act prescribes the matters about the requirements of entering land in possession of another person, the procedure, the compensation for loss, the penal provisions, etc. in detail, while the National Land Planning and Utilization Act also prescribes the matters about entering land in possession of another person, etc. in detail. In other acts, usually one of the two acts shall apply mutatis mutandis, and the way of applying is somewhat different. Even some acts may have an independent provision regardless of the two acts. As a consequence, the matters about preparation activities for enforcing public-interest project may not have the standard pattern and different contents may be prescribed in each act, which may cause a stir in legislation, interpretation, or application. This article will examine the legislative cases about entering land in possession of another person, etc. focusing on the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and the National Land Planning and Utilization Act, analyze the strengths and weaknesses, and present a proper legislative model based on the most reasonable legislative case.

목차

Ⅰ. 문제의 제기
 Ⅱ. 타인토지에의 출입 등에 관한 일반적 사항
  1. 타인토지에의 출입 등의 법적 성질
  2. 허용행위
  3. 허용절차
  4. 손실보상
  5. 실효성 확보
 Ⅲ. 타인토지에의 출입 등에 관한 입법례 분석
  1. 타인토지에의 출입 등의 규정형식
  2. 허용행위의 유형
  3. 허용절차
  4. 손실보상
  5. 실효성 확보수단
 Ⅳ. 맺음말 - 입법의견
 

키워드

저자

• 鄭泰容 [ 정태용 | 아주대학교 법학전문대학원 교수(Professor, Law School, Ajou University) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  土地補償法硏究 [토지보상법연구]

• 간기

  연간

• pISSN

  1976-5150

• 수록기간

  2001~2024

• 십진분류

  KDC 363 DDC 340