The purpose of this study is to establish a definite guideline and realistic system for compensation of business loss incurred in public projects for prompt dispute resolution and fair remedy of private rights. For the research method, it used literature study through the review of the existing laws, precedent studies and judicial precedent. and survey analysis. The study result reveals general problems which are summarized as irrationality and incompleteness in compensation related laws and regulations such as 「Act on the Acquisition of Land for public projects and the Land Compensation」. This study presents system improvement proposals as follows with focus on the related laws and regulation on compensation system for business loss incurred by public projects;
First, 「Act on the Acquisition of Land for Public Projects and the Land Compensation 」shall be revised so that business loss suffered by independent businessmen, who have registered for business license pursuant to Income Tax Act and VAT Act at an unlicensed building within public project area, may be compensated. Second, business loss suffered by real estate lessors who have registered for business license and leasing business at a lawful place within public project area shall be eligible for compensation. For this purpose, applicable provisions shall be added to「 business loss compensation assessment guideline」so that compensational assessment may be available. Third, System improvement is required such as new additions of applicable provisions to「Act on the Acquisition of Land etc for public projects and the Compensation therefor Enforcement rule」, so that preemptive remedy may be available to loss compensation pursuant to「 Act on the Acquisition of Land etc for Public Projects and the Compensation therefor」in case business loss is obviously expected to happen the business, which duly registered for business license at a lawful place outside public project area, due to noise, vibration, dust. This paper tried to present reasonable alternatives to business loss compensation in time of implementing public projects by reviewing existing laws, precedent studies, compensation system of foreign countries and judicial precedents etc.
For preparation of definite guideline and establishment of reasonable system, more in-depth reviews and supplements are considered to be required in the course of government’s future legislation policy discussion process.