ABSTRACT

This chapter examines the structure and content of the legal system related to land expropriation in Korea and also examines the current issues. The petitioners insisted that the provisions infringed upon their right to property. Petitioners were owners of land located in the development area. The Petitioners filed a case seeking to revoke the disposition of the Tribunal in the Daejeon District Court. On October 30, 2014, the Constitutional Court rendered another judgment concerning private taking. “Public Interest”The scope of projects that are in the public interest for which expropriation is permissible, i.e., “public works,” must be clearly defined by law according to the principle of reservation of laws on expropriation. The Act enumerates the possible executers of “regional development project” including a private corporation. Project approval means the determination of any public works as a project to expropriate or use land, etc.