환매권 제한에 대한 법적 쟁점

• 영문명: Legal Issues on Restriction of Repurchase Right -Focusing on the provisions of "Alteration of the Public Works"-
• 발행기관: 원광대학교 법학연구소
• 저자명: 김성원(Kim Sung Won)
• 간행물 정보: 『원광법학』제29권 제3호, 7~25쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

This paper study legal issues on "Restriction of Repurchase Right" according to Article 91(6) of 「Act on the Acquisition of Land, etc, for Public Works and the Compensation therefor」(hereinafter "the Act"). The act has been admitted repurchase right. However, there are some restriction about the exercise of repurchase right. From the time of the introduction of this provisions sparked off a debate among the judiciary and legal scholars. In cases of the 96Hun-Ba94, June 26, 1997 and 2001Hun-Ba49, November 29, 2012, the Constitutional Court decided that Article 91(6) of the Act which admits the "Restriction of Repurchase Right" is constitutional. Nevertheless, even today, there is divided pro and con on the provisions of "Alteration of the Public Works". In this paper work to confirm the abuse of this provisions on the part of the government including excessive expropriation and alteration of the public works after expropriation due to voiding the repurchase right. Therefore, it is impossible toexercise complete repurchase right. In order to reduce the potential nefarious scheme by the State, local governments or public agencies in various public works, Article 91(6) of the Act which restricts of the repurchase right in the case of the "Alteration of the Public Works" for public needs should be revised. This is an effective way to ensure "the Continuance Guarantee of the Property Right".

목차

Ⅰ. 머리말

Ⅱ. 공익사업의 변환과 환매권 행사의 제한

Ⅲ. 공익사업의 변환제도에 대한 다양한 시각

Ⅳ. 맺는말

참고문헌

ABSTRACT

키워드

재산권 보장 공용수용 환매권 공익사업의 변경 사업시행자의 변경 Guarantee of Property Right Expropriation Right of Repurchase Alteration of the Public Works Alteration of the Project Operator