Earticle

초록

영어

In cases where the land is expropriated pursuant to 「Act on the Acquisition of Land, etc, for Public Works and the Compensation therefor」, a project operator shall pay the indemnity adjudicated by the competent land expropriation committee to the landowner or the person concerned. When any project operator has failed to pay or deposit the indemnity adjudicated by the competent land expropriation committee by the day of commencing the expropriation or use, the adjudication by the relevant land expropriation committee shall lose its validity. But, If it conform to Article 40(2) of this Act, a project operator may deposit the indemnity at the deposit office in the location of the land, etc. intended for the expropriation or use, not later than the day of commencing the expropriation or use. Notwithstanding, This Act merely describes the outline of deposit the indemnity at the deposit office in the location of the land, but does not define the detailed contents. It often bring about a huge barrier to the successful implementation of public works projects, due to defective deposit through such as submission of documents including certification of Seal Impression, etc. In some cases, the true landowners have not received compensation. In view of these, this paper is study the requirements of deposit in accordance with the「Act on the Acquisition of Land, etc, for Public Works and the Compensation therefor」and examines the effectiveness of the acquisition of the land-ownership of the project operator by a non-legitimate deposit.

목차

Ⅰ. 머리말
 Ⅱ. 수용보상금의 지급에 갈음하는 공탁
  1. 토지수용과 보상금지급의무
  2. 공탁의 의의
  3. 공탁의 요건
 Ⅲ. 하자있는 공탁
  1. 의의
  2. 유형 및 효과
  3. 공탁흠결의 치유
 Ⅳ. 부적법한 보상금의 지급(공탁)과 토지수용의 효력
  1. 관련판례의 유형
  2. 관련판례의 분석 및 평가
 Ⅴ. 맺음말
 참고문헌
 ABSTRACT

키워드

저자

• 김성원 [ Kim, Sung-Won | 원광대학교 법학전문대학원 교수, 법학연구소 연구위원, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340