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KMID : 0615219870120010151
Journal of Kwangju Health
1987 Volume.12 No. 1 p.151 ~ p.176
A Study on Administrative Damage Compensation
李輔泳
Abstract
Administrative Damage Compensation is a controlling property compensation done by administrative body in terms of securing the individual property rights and fair sharing by the whole for the ´Special Sacrifices´ made in the process of the legal enforcement of public authority required in the public.
Administrative Damage Compensation is mainly caused by 1. publicly needed expropriation, use and restriction of individual property rights 2. special sacrifices forced on individual property rights in that process.
Of late, as a way for achieving the aims set up for welfare administration through the administrative scheming such as making the use of national territory, city planning and etc, the cases of plan regulation by way of designating the needed areas and zones are gradually incresing, however, because it is common that clauses related with damage compensation are not included in the basic laws for plan regulation, other theories are being taken into account, with a new questionable issue of how to distinguish special sacrifices from social resreiction on property rights coming out.
Compelled to put much emphasis on the improvement of public welfare, the nations of modern era are trying to expand the extent of limitation on property rights, making all kinds of restriction methods available.
Recent disputes to expand the scope of social restriction on property rights supported by too much accent on the public use relationship of land property rights can have the meaning of challenge to the Damage Compensation Theories advocated so far.
It is also needed for us to pay attention to the current trend that the intrusions into property rights caused by plan restrictions for which any kind of compensation procedure is not secured, in the case of when the compensation for expropriation precedes ahead.
The real extent of compensation under the current Constitution takes a stand reaching a considerable degree of compensation, but in reality, it is considered to be based on total compensation excluding a distinctively exceptional case.
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