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      • KCI등재

        토지개발사업에 따른 재산권 제한과 손실보상에 관한 연구

        엄수원(Eom Su-Weon) 한국토지공법학회 2005 土地公法硏究 Vol.26 No.-

        Land development project accompanies land acquisition and brings about restriction to the right of land property. Public restriction to the exclusive ownership and use of land is necessary because of physical characteristics of land resources such as limitedness and irreversibility. This is why sociality and publicness of land become important. The constitution guarantees the regulation for the property right of land and stipulates the clause including regulation on the right of land property for the public use simultaneously. But the constitution also provides that legitimate compensation should be made in case of compulsory land purchase and public restriction to the right of property. For the purpose of constitutional spirit, "the law of land acquisition and compensation for public use" has been in force. But it involves a lot of problems in many respects. This study understands the theoretical basis for the infringement of right of land property and analyze the operative situation and problem in the respects of legal institution. This study also focus on the suggestion of improvement for the current institution. The policy suggestion is as follows : the enhancement of reality of concept of the legitimate compensation which is stipulated in the constitution, the realization of standardized lot price for public notification which is standard price for the compensation for condemnation, the clarification of period of claim for damage, the adherence to the principle that relocation program should precede the compensation, the measures for the community restoration and social integration, the cultivation of professional compensation institution, the diversification of measures for compensation, the strengthening of protection regulation for the lessee, the support for resettlement and relocation.

      • KCI등재

        시장친화적 토지공개념의 정책방향에 관한 연구

        엄수원(Eom Su-Weon) 한국토지공법학회 2007 土地公法硏究 Vol.38 No.-

          The land is natural resource given by nature. The inherent characteristics of land justify the public restriction imposed against the private ownership and use of land. Public concept of land that land is public goods was introduced and put into practice in 1989. But it was abolished shortly after its inception. There arose discussion about the market-friendly public concept of land use. In this context, this study is to grope for the significance, value of the market-friendly market-friendly public concept of land use and the assignment for the realization of those policies. The spirit of market-friendly market-friendly public concept of land use is to protect the weak and to emphasis the sociality and publicity of land use. Given the fact that the purpose of the market-friendly market-friendly public concept of land use is efficient use of national territory, appropriate distribution of land resource and proportional distribution of profits, the market-friendly market-friendly public concept of land use should be recognized as the assignment to be enforced actively in the future.

      • KCI등재

        토지개발에 따른 주민대책의 실효성 제고방안에 관한 연구

        엄수원(Eom Su-Weon) 한국토지공법학회 2004 土地公法硏究 Vol.24 No.-

        The compensation policy for the residents in the land development project area mainly consists of indemnification in cash but the measures for the relocation, residence and livelihood are insufficient. There arise various civil petition from the residents in the land development project area. The purpose of this study is to suggest the improvement measures for the residents' livelihood from the erspective of efficient expedition for land development and improvement of living condition for residents focusing on the matters of residents in the region. The method of study is to come up with the measures for the residents' livelihood based upon the survey of actual condition done by focus group interview with the developer, related professionals and residents. The results of this study suggest the improvement plans of the measures for residents such as an enhancement of reality of the concept of fair compensation which is stipulated in the constitution, reinforcement of non-monetary compensation, adherence to the principles that relocation program should be implemented prior to the indemnification, promotion of residents' participation and reinforcement of support for the residents and restoration of community and social integration.

      • KCI등재후보

        아파트 구매 거주자의 만족도 특성분석을 통한 마케팅 전략 연구

        엄수원(Eom Su Weon),임구원(Lim Koo Won) 한국부동산학회 2005 不動産學報 Vol.25 No.-

        The purpose of this study was to analyze apartment house clients' satisfaction characteristics, reviewing the strategies of apartment marketing. For this purpose, the following study points were set up; First, theories of apartment marketing would be reviewed, the conditions of housing industry in Korea would be analyzed. Second, potential apartment house clients would be surveyed via questionnaire to analyze their satisfactions. Third, based on the results of the survey, strategies and policy alternatives of apartment house marketing would be examined. The results of this study are as follows ; First, apartment house clients' satisfactions for apartment house differed depending on such demographic variables as age, number of family members and income level. Second, apartment house clients's satisfaction was affected more by the quality of apartment house than its price. Lastly, based on the above findings, the following strategies of apartment house marketing were put forwards ; it is necessary to improve the quality of apartment house to meet the changing market for apartment houses, while making efforts to create a better external environment for apartment houses. And also, it may well be necessary to produce more decent apartment houses which can sell in the market, and at the same time, reinforce the marketing strategies in a more systematic way through a scientific management of market, information and estimation.

      • KCI등재후보

        공공시설의 입지선정에 따른 분쟁조정에 관한 연구

        엄수원(Eom Su Weon),임구원(Lim Koo Won) 한국부동산학회 2007 不動産學報 Vol.31 No.-

          1. CONTENTS<BR>  (1) RESEARCH OBJECTIVES<BR>  With the increasingly higher level of needs among local residents since the launch of local self-governing bodies, Korea has been seeing an increase in conflicts and disputes in locating a site for public facilities which are essential to us.<BR>  Therefore, whether a project is successful or not depends on how to resolve a dispute concerning locating a site for public facilities in Korea and this study examines general theoretical approaches to site disputes for public facilities, actual conditions of site disputes for public facilities, and schemes to resolve site disputes for public facilities in Korea.<BR>  (2) RESEARCH METHOD<BR>  This study adopted the existing theoretical literature review and government data analysis.<BR>  (3) RESEARCH RESULTS<BR>  Problems with dispute resolution concerning site location for public facilities in Korea can be summarized as follows:<BR>  First, problems with operating a dispute resolution body in locating a site for public facilities. Second, problems with systems to resolve a dispute for public facilities.<BR>  Third, problems with relying on central government and coping with changes.<BR>  Fourth, problems with cooperation between central and local governments.<BR>  On the ground of these problems, the following schemes can be made for resolving disputes concerning site location for public facilities.<BR>  First, improve the current system and make resolution through negotiation and intervention. Second, activate a full-charge dispute resolution system. Third, make comprehensive and systematic resolution by types of dispute. Fourth, institutionalize residents" participation and substantiate information revelation.<BR>  2. RESULTS<BR>  So site location disputes for public facilities should be resolved in a systematic and comprehensive point of view and substantial alternatives should be made in consideration of developmental local conditions in that it is necessary to construct a mutual cooperation system and settle negotiation culture.

      • KCI등재
      • KCI등재후보

        한국의 고령사회 대비에 따른 실버산업 활성화 방안 연구

        엄수원(Eom Su Weon),임구원(Lim Koo Won) 한국부동산학회 2006 不動産學報 Vol.28 No.-

          1. CONTENTS<BR>  (1) RESEARCH OBJECTIVES<BR>  This study aimed at activating the silver industry in preparation for aged society of Korea; while research conditions were poor due to the failure to establish many environmental conditions for the silver industry, there have recently been many concerns about the silver industry.<BR>  The purpose of this study was to investigate foreign case analyses, the actual condition and state of the current silver industry, problems of the silver industry, and plans to activate the silver industry on the theoretical ground.<BR>  (2) RESEARCH METHOD<BR>  This study adopted the existing theoretical literature review and government data analysis.<BR>  (3) RESEARCH RESULTS<BR>  Problems of the silver industry in preparation for aged society of Korea included narrow silver market, legal and institutional problems, problems of welfare tools for the aged, problems of governmental and private roles, and other general problems related to the silver industry; schemes to activate the silver industry included improvement in residence, health care and medical service, financial and insurance affairs, leisure and daily living, and development of welfare tools for the aged as well as legal and institutional complement.<BR>  2. RESULTS<BR>  The whole nation should be aware that problems of aged society are directly connected with survival of this society and take interest in the problems and make preparations from now on. In addition, it is necessary to establish a basic law of aged-friendliness to implement and evaluate many policies comprehensively and to set and implement master plans steadily one by one as a measure for aged society.

      • KCI등재

        부동산투자회사(REITs)활성화를 위한 법ㆍ제도개선 방안 연구

        엄수원(Eom Su-Weon) 한국토지공법학회 2006 土地公法硏究 Vol.31 No.-

          The REITs(Real Estate Investment Trusts) has been introduced into Korea since 2001 in order to stimulate the corporate restructuring and establish the transparency of real state transaction after the IMF foreign exchange crisis. But Korean REITs market is not active up to present. So, government amended the REITs Act on September 2004. A lot of institutional improvement has been made through the amendment of REIT Act. Under the amended REITs Act, the externally managed REITs which is general REITs is classified as the paper company and treated as the entity that is endowed with the tax benefits and the establishment of REITs has become relatively easier than before due to the reduction of minimum capital required for the establishment of REITs. But REITs market in Korea is at the stage of inception and there are a lot of problems to be resolved for the activation of REITs market. This study analyzed the factors why Korean REITs market is not active and suggested  certain solution for the improvement. Those proposal includes the building up of information infrastructure for the real estate market, enhancement of investment return, and bringing up of real estate management experts etc.

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