학술논문
사업손실의 권리구제에 관한 고찰
이용수 45
- 영문명
- A Study on the Relief of Right for Project Loss
- 발행기관
- 한국주거환경학회
- 저자명
- 최제호(Choi Je-Ho) 문영기(Moon Young-Ki)
- 간행물 정보
- 『주거환경(한국주거환경학회논문집)』住居環境 제3권 제2호, 67~84쪽, 전체 18쪽
- 주제분류
- 사회과학 > 지역개발
- 파일형태
- 발행일자
- 2005.12.01
4,960원
구매일시로부터 72시간 이내에 다운로드 가능합니다.
이 학술논문 정보는 (주)교보문고와 각 발행기관 사이에 저작물 이용 계약이 체결된 것으로, 교보문고를 통해 제공되고 있습니다.
국문 초록
영문 초록
"Project losses" refer to losses incurred outside of the project site area after implementation or completion of a public project. It was understood before that only losses that directly resulted from public uses would be compensated. Therefore, project losses (i.e. losses, such as obstruction of sunshine/scenery, noise, vibration, dust, drying up of water, etc., are treated differently from compensation for taking land and other direct losses) were not traditionally eligible for compensation in principle.
In public projects today, aside from direct infringement of rights from taking of properties, the number of complaints filed not for compensation for direct losses but for project losses that are more indirect losses/damages from execution public projects on the rise.
However, regulations only provide for compensation for land taking and other such direct losses and there are no regulations thatprovide for losses incurred outside of project sites in spite of clear material damages to properties. In the absence of these regulations, such losses/damages are rarely properly compensated.
Disputes between people and project executors occur frequently because of this and often leads to long delays in public projects. Even when damages/losses are compensated, there is no consistency in compensation owing to the different regulations applied by the project executors.
In view of the recent developments, the conclusion that is reached is that there are no actual benefits to be gained from deciding whether losses are within the scope of compensation for losses or for damages. For efficient remedy of the victim"s rights resulting from project losses, it would be more useful and advantageous to include them in the scope of compensation for losses.
For these reasons, consideration should be given to compensations before damage has occurred when losses from a project are clearly anticipated in order to ensure smooth execution of public projects and efficient remedies of infringement to property rights.
There needs to be consistent regulations or rules on compensations to reduce burden on officials in charge of compensation and to ensure consistency in compensated amounts. In addition, scopes and standards of compensation for losses outside of the project area needs to be established before the said tasks can be undertaken.
In public projects today, aside from direct infringement of rights from taking of properties, the number of complaints filed not for compensation for direct losses but for project losses that are more indirect losses/damages from execution public projects on the rise.
However, regulations only provide for compensation for land taking and other such direct losses and there are no regulations thatprovide for losses incurred outside of project sites in spite of clear material damages to properties. In the absence of these regulations, such losses/damages are rarely properly compensated.
Disputes between people and project executors occur frequently because of this and often leads to long delays in public projects. Even when damages/losses are compensated, there is no consistency in compensation owing to the different regulations applied by the project executors.
In view of the recent developments, the conclusion that is reached is that there are no actual benefits to be gained from deciding whether losses are within the scope of compensation for losses or for damages. For efficient remedy of the victim"s rights resulting from project losses, it would be more useful and advantageous to include them in the scope of compensation for losses.
For these reasons, consideration should be given to compensations before damage has occurred when losses from a project are clearly anticipated in order to ensure smooth execution of public projects and efficient remedies of infringement to property rights.
There needs to be consistent regulations or rules on compensations to reduce burden on officials in charge of compensation and to ensure consistency in compensated amounts. In addition, scopes and standards of compensation for losses outside of the project area needs to be established before the said tasks can be undertaken.
목차
Abstract
Ⅰ. 서론
Ⅱ. 사업손실보상의 개요
Ⅲ. 현행 사업손실 보상제도
Ⅳ. 사업손실보상의 권리구제와 평가
Ⅴ. 결론
참고문헌
Ⅰ. 서론
Ⅱ. 사업손실보상의 개요
Ⅲ. 현행 사업손실 보상제도
Ⅳ. 사업손실보상의 권리구제와 평가
Ⅴ. 결론
참고문헌
해당간행물 수록 논문
- 한국주거환경학회지 논문 투고 및 심사에 관한 규정 외
- 공동주택 장기수선충당금 운영에 대한 거주자의 의식에 관한 연구
- 민간중대형임대주택수요자의 특성에 관한 연구 - 수도권 거주가구를 대상으로
- 진주지역 공동주택의 주호 특성에 따른 도시가스 사용실태에 관한 조사연구
- 사업손실의 권리구제에 관한 고찰
- 택지개발 민원사례를 통해 본 세입자 보상의 문제점
- 경회루 조영의 역사적 고찰과 이용자의 의식조사를 통한 보존 활용에 대한 연구
- 상가건물 경매시 등록사항 열람제도 문제점에 관한 연구 - 상가임차인 정보공개개선에 관하여
- 국ㆍ공유지의 효율적 이용방안 - 포천시 사례를 중심으로
참고문헌
교보eBook 첫 방문을 환영 합니다!
신규가입 혜택 지급이 완료 되었습니다.
바로 사용 가능한 교보e캐시 1,000원 (유효기간 7일)
지금 바로 교보eBook의 다양한 콘텐츠를 이용해 보세요!