Central Land Tribunal is the organization systemized by「Land Expropriation Act」in 1962 to expropriate land and to make compensation for property right, and it is an organization that needs to play the role of expropriation decision making organization deciding the legal balance of the two sides whic...
Central Land Tribunal is the organization systemized by「Land Expropriation Act」in 1962 to expropriate land and to make compensation for property right, and it is an organization that needs to play the role of expropriation decision making organization deciding the legal balance of the two sides which achieves 'just compensation' in the standpoint of the land owner and carrying out the public services smoothly. Currently, Central Land Tribunal belongs to the Ministry of Land and Transportation, and to overcome the logical contradiction of having both status of disposition authority and decision making authority, reorganization of the status for the functions and roles of Central Land Tribunal is necessary, so I tried to find the problems of Central Land Tribunal operation and to suggest an enhancement plan. To find the problems related to the expropriation decision of Central Land Tribunal, this paper studied overall contents of the land expropriation decision system with Central Land Tribunal at the center through the literature researches including books, thesis, and the relevant law「Law on the Acquisition and Compensation of Land, etc. for Public Services」, etc. To basically study the current expropriation decision system, first, important matters related to the expropriation decision such as the meaning of the expropriation, expropriation procedure, history and meaning of the expropriation decision system, types of the decision making organizations, and the characteristics of Land Tribunal along with practical matters were reviewed, jurisdiction, function, composition and meetings, decision making procedure, and incident processing status were studied, and the legislation examples of the systems of the advanced overseas countries such as France, U.S, Britain, and Japan were reviewed with comparative consideration. The problems of the decision system of Central Land Tribunal were pointed out and the enhancements were suggested, and the major issues are as follows. First, it is better to have Central Land Tribunal independently in a 3rd party organization which is not related to government projects, rather than in the Ministry of Land and Transportation, to secure the independence·fairness as a decision making organization, and to secure the fairness of the deliberation within the current system, system improvements such as the enhancement of the decision making method of Central Land Tribunal, open type appointment system for the standing member of the committee, and limitations on the number of the consecutive terms of the standing and non-standing members of the committee are necessary. Second, to dispel the suspicions of the people that the investigation·deliberation of the incidents are not enough due to the processing of many decision making issues with small manpower, the office organization shall be adjusted upward, manpower shall be secured, experts shall be appointed for the special characteristics of the business, and human resource administration support such as designation·management of expert rank shall be sought. Third, conversion of the land decision making information system operated with the support of Korea Association of Property Appraisers to an independently operated system is urgent, so support for the budget and expert manpower required for independent operation is necessary. Fourth, the revision of the laws for bestowing defense opportunity to the land owner and public notice and adjustment of the viewing system for the expropriation decision contents, which is being promoted currently to improve the decision system, shall be completed early, and other issues requiring system improvement related to the land expropriation system shall be continuously researched·reviewed and improved. Not as Central Land Tribunal as the decision making organization in charge of the land expropriation at the time of establishing·promoting development oriented policies, in the future, as an organization protecting more rights of the citizens, I hope Central Land Tribunal to be born again as a decision making organization fairly achieving deserved compensations, and based on such change of recognition, the review on overall land expropriation decision system and the study on the improvement shall be continued.
Central Land Tribunal is the organization systemized by「Land Expropriation Act」in 1962 to expropriate land and to make compensation for property right, and it is an organization that needs to play the role of expropriation decision making organization deciding the legal balance of the two sides which achieves 'just compensation' in the standpoint of the land owner and carrying out the public services smoothly. Currently, Central Land Tribunal belongs to the Ministry of Land and Transportation, and to overcome the logical contradiction of having both status of disposition authority and decision making authority, reorganization of the status for the functions and roles of Central Land Tribunal is necessary, so I tried to find the problems of Central Land Tribunal operation and to suggest an enhancement plan. To find the problems related to the expropriation decision of Central Land Tribunal, this paper studied overall contents of the land expropriation decision system with Central Land Tribunal at the center through the literature researches including books, thesis, and the relevant law「Law on the Acquisition and Compensation of Land, etc. for Public Services」, etc. To basically study the current expropriation decision system, first, important matters related to the expropriation decision such as the meaning of the expropriation, expropriation procedure, history and meaning of the expropriation decision system, types of the decision making organizations, and the characteristics of Land Tribunal along with practical matters were reviewed, jurisdiction, function, composition and meetings, decision making procedure, and incident processing status were studied, and the legislation examples of the systems of the advanced overseas countries such as France, U.S, Britain, and Japan were reviewed with comparative consideration. The problems of the decision system of Central Land Tribunal were pointed out and the enhancements were suggested, and the major issues are as follows. First, it is better to have Central Land Tribunal independently in a 3rd party organization which is not related to government projects, rather than in the Ministry of Land and Transportation, to secure the independence·fairness as a decision making organization, and to secure the fairness of the deliberation within the current system, system improvements such as the enhancement of the decision making method of Central Land Tribunal, open type appointment system for the standing member of the committee, and limitations on the number of the consecutive terms of the standing and non-standing members of the committee are necessary. Second, to dispel the suspicions of the people that the investigation·deliberation of the incidents are not enough due to the processing of many decision making issues with small manpower, the office organization shall be adjusted upward, manpower shall be secured, experts shall be appointed for the special characteristics of the business, and human resource administration support such as designation·management of expert rank shall be sought. Third, conversion of the land decision making information system operated with the support of Korea Association of Property Appraisers to an independently operated system is urgent, so support for the budget and expert manpower required for independent operation is necessary. Fourth, the revision of the laws for bestowing defense opportunity to the land owner and public notice and adjustment of the viewing system for the expropriation decision contents, which is being promoted currently to improve the decision system, shall be completed early, and other issues requiring system improvement related to the land expropriation system shall be continuously researched·reviewed and improved. Not as Central Land Tribunal as the decision making organization in charge of the land expropriation at the time of establishing·promoting development oriented policies, in the future, as an organization protecting more rights of the citizens, I hope Central Land Tribunal to be born again as a decision making organization fairly achieving deserved compensations, and based on such change of recognition, the review on overall land expropriation decision system and the study on the improvement shall be continued.
주제어
#Tribunal expropriation compensation
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