Eminent Domain에 관한 미국 연방대법원 Kelo v. New London 사건 분석

• 영문명: Judicial decisions the Matter in Kelo v. New London American Supreme Court of the Eminent Domain
• 발행기관: 세계헌법학회 한국학회
• 저자명: 신평(Shin Pyung)
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第12卷 第1號, 187~214쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  Eminent Domain has been a great matter of interest in American society. The 5th Amendment stipulates about eminent domain, meanwhile the Korean Constitution Article 23 (3) provides it. Both of the provisions have similar meanings in spite of trivial differences on the forms.
  In America, opinions have divided over the boundary of eminent domain, especially over private development, which means, in short, a private entity, for example a corporation for private profits projects public development plan. To speak roughly, there has been the conflict between two opinion, the first being what in the case of private development, permit a broader generosity of eminent domain, whereas the second being what gives more importance on private property, so to speak, having eminent domain get more difficulty.
  Judicial decisions also have been divided, but the main stream being the former. June, 2005 the American Supreme Court eventually adjudicated one more time on this matter in Kelo v. New England, which attracted a great attraction of American society . The majority of 5 to 4 concluded for the former. But powerful dissents was attached. It particularly stressed the sacrifices of the social weakness and ethnic who don"t have proper influence on the process of eminent domain. And this is verified by vivid, corroborative evidences.
  In interpreting the Korean Constitution Article 23 (3), so it is necessary for us to give a full heed to the American experiences in the process of eminent domain so that the property of the social weakness couldn"t be victimized unfairly under the name of void "public welfare".

목차

Ⅰ. 사건의 줄거리
Ⅱ. 공용수용에 관한 한국과 미국의 법
Ⅲ. 기존 미국 판례의 입장
Ⅳ. 연방대법원의 Kelo v. New England 사건의 판결
Ⅴ. 마침말
ABSTRACT

키워드

공용수용 수정헌법 제5조 Kelo v. New London 사건 사적 개발 헌법 제23조 제3항 Eminent Domain Kelo v. New London. Private Development the 5th Amendment Korean Constitution Article 23(3)