• Title/Summary/Keyword: Land compensation

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Study on the Appropriate Method Applying Gross Tons for Compensation for Damage of Coastal Fisheries in Case of Boat Change (연안어업의 어업손실보상시 어선대체로 인한 톤수변경의 경우 타당한 톤수적용 방안에 관한 연구)

  • Seo, Sang-Bok;Ryu, Dong-Gi
    • The Journal of Fisheries Business Administration
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    • v.42 no.2
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    • pp.31-45
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    • 2011
  • Costal fisheries use small boat. The boats are frequently substituted with newly made boat or proper boat. When the boat which is substituted with another one after the fixed date for compensation is estimated for fisheries loss by public project, it is matter that which boat is the object for estimating average catch of fish. There are three ways in practical business. They are based on the date of spot probe, the date of conference for compensation and fixed date for compensation. In case of applying the first and the second ways, as the object of compensation is not fixed, there is problem that estimated result can be changed depending on changing boat tons even after the date of spot probe and the fixed date for compensation. Most of all, these ways are against Attached Form No.4 of the Enforcement Ordinance of Fisheries Law which regulate to calculate average catch of fish applying result of fishery for retroactively counted 3 years from the year before the year in which administrative measure day is. The other side, in applying boat tons based on the fixed date for compensation, estimated result of compensation will not change even boat substituted after the fixed date for compensation. Even though applying tons based on the fixed date for compensation, a problem still remains. If the boat get bigger after the fixed date for compensation, the then boat size must be applied for calculating average catch. But the boat get smaller, the changed boat size must be applied. Because changed small boat would be damaged less than the previous boat. And decrease in catch by changing boat into small one is not due to the project but due to the personal responsibility. This will help to increase objectivity and reliance on the compensation result. As the other objects are fixed based on the fixed date for compensation in the Act on Acquisition and Compensation of Land and Others for Public Project, it can be balanced with other object.

The Comparative study of Land Compensation Act between korea & japan (한·일 토지보상법 비교연구)

  • Jeon, Chang-Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.1
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    • pp.163-170
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    • 2012
  • Most of the cities and countries have distressed themselves about the urban social problem caused by the concentration of industry and population. Especially, disorderly expansion of cities and infrastructure improvement in rapid urbanization have also come into question. For this reason, proven urban planning facilities and tightened regulation on city planning are indispensible to solve these serious problems that we face. There are lots of similar studies to verify how to cope with a rapid urbanization.

Development of Land Compensation Cost Estimation Model : The Use of the Construction CALS Data and Linked Open Data (토지 보상비 추정 모델 개발 - 건설CALS데이터와 공공데이터 중심으로)

  • Lee, Sang-Gyu;Kim, Jin-Wook;Seo, Myeong-Bae
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2020.07a
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    • pp.375-378
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    • 2020
  • 본 연구는 토지 보상비의 추정 모델 개발을 위해서 건설 CALS (Continuous Acquisition & Life-cycle Support) 시스템의 내부데이터와 개별공시지가 및 표준지 공시지가 등의 외부데이터, 그리고 개발된 추정 모델의 고도화를 위한 개별공시가 데이터를 기반으로 생성된 데이터를 활용하였다. 이렇게 수집된 3가지 유형의 데이터를 분석하기 위해서 기존 선형 모델 또는 의사결정나무 (Tree) 기반의 모델상 과적합 오류를 제거할 경우 매우 유용한 알고리즘으로 Decision Tree 기반의 Xgboost 알고리즘을 데이터 분석 방법론으로 토지 보상비 추정 모델 개발에 활용하였다. Xgboost 알고리즘의 고도화를 위해 하이퍼파라미터 튜닝을 적용한 결과, 실제 보상비와 개발된 보상비 추정 모델의 MAPE(Mean Absolute Percentage Error) 범위는 19.5%로 확인하였다.

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Experimental investigation on the flow control in non-axisym- metric flat die extrusion-II (비축대칭 평금형 압출에서 유동제어에 관한 실험적 연구-II)

  • 김영호;배원병;강범수;박재우
    • Journal of the Korean Society for Precision Engineering
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    • v.14 no.3
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    • pp.130-136
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    • 1997
  • The velocity distrubution at the exit of extrusion die depends on the width of bearing land very much. When uniform bearing land without flow guide is used, the material which is extended through the same die does not, deflect to the constant direction, but when the flow guide is equipped and then the volume compensation is done accurately, the material deflects to one constant direction. Therfore, the part of problem can be known exactly, and extrusion products of straight shape can be produced by the corrected bearing land width.

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A study on DGPS data Compensation using Vision System through respectively coordinates conversion for Autonomous Land Vehicle

  • Janghun park;Seongryong Mun;Suckwoo Song;Junik Jeong;Park, Dohwan
    • 제어로봇시스템학회:학술대회논문집
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    • 2002.10a
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    • pp.53.3-53
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    • 2002
  • 1. Introdition : The necessity of DGPS data compensation. 2. Configuration of the GPS and coordinates conversion 2-1. Coordinates conversion of CCD 3. Vehicle Model and Evaluation 4. Accurate error position algorithm. 5. Experiment and result. 6. Conclusion: It was possible that we converted the CCD data into the GPS coordinates data.

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A Study on Problems and Improvement of Living Measure System - Focused on SH'Moonjung Project - (이주자 생활대책 제도의 문제점과 개선방안에 관한 연구 - SH공사 문정지구를 중심으로 -)

  • Park, Yong-Han
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.6
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    • pp.1505-1511
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    • 2012
  • This study intends to find out a solution to the problems with living measure system. Korea with great economic growth increase the demand of lands for housing, factories and public facilities. Under this circumstance, public developments have been driven in, loss compensation has changed from property compensation into living compensation. The improvements on practical compensation business is : First, it is necessary to legally stipulate living measure in the Act on Land. Second, beekeeping compensation should be tightened. Third, preferential hiring, job recommendation and vocational training should be offered to residents'. These living measures will promote smoothly public development projects.

Issuing Municipal Bonds to Pay Compensation for Lands and Selecting Compensation Priority Areas for Urban Parks and Greenbelts unexecuted in the Long-Term - With a Focus on Seoul City - (장기미집행 도시공원 및 녹지 보상재원 마련을 위한 지방채 발행과 보상우선지역 선정 - 서울특별시를 대상으로 -)

  • Kim, Yu-Ri
    • Journal of the Korean Institute of Landscape Architecture
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    • v.45 no.3
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    • pp.92-106
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    • 2017
  • This paper examines the validity of issuing municipal bonds for land compensation of long-term unexecuted urban parks and greenbelts. Then it suggests that municipal bonds should be issued for compensation priority areas with high rising prices. By conducting correlation analysis and PLS(Partial Least Squares) regression for 32 long-term unexecuted urban parks and greenbelts, the factors were identified that affected 'rising prices of IAPLP(Individually Announced Public Land Price) after seven years'. According to the analysis results, Variable Importance in the Projection in PLS regression was higher in 'IAPLP of base year(1.919)' and 'Accumulated rising Rates of average IAPLP in the borough(1.176).' The implications of this study are as follows. In Seoul, the accumulated rising rates of average IAPLP over the past 12 years is higher than the accumulated interest rates for seven years of urban planning facility bonds, which means that IAPLP have risen more than the interest payments due to the issuance of municipal bonds. In addition, since the actual compensation is three times that of IAPLP, it is judged that the land price is actually much higher than the interest payments. This shows that issuing municipal bonds and preferentially compensating for areas like high rising land prices can increase the economic efficiency of the budget execution. Also, for economic efficiency of budget execution, it is necessary to propose an 'area with high IAPLP' or 'a part in the borough with high rising rate of average IAPLP,' which is expected to have a high rising land price as criteria for compensation priority areas. In the future, when issuing municipal bonds to compensate long-term unexecuted urban parks and greenbelts, variousresearch on financing for municipal bonds repayment should be conducted.

A Study on Calculation Method of Compensation for Indirect Damage of Fishery by Undertaking Public Project (공익사업시행(公益事業施行)으로 인한 어업(漁業)의 간접피해(間接被害) 보상액(補償額) 산출방법(算出方法)에 관(關)한 연구(硏究))

  • Kim Ki-Dae;Kim Byung-Ho
    • The Journal of Fisheries Business Administration
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    • v.37 no.1 s.70
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    • pp.25-44
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    • 2006
  • Under the provision of Article 63 of the Enforcement Regulation of the Act on Acquisition and Compensation of Land and Others for Public Project that is recently enacted and implemented (hereinafter referred to as the 'Lend Compensation Act') the compensation is required to make 'When the Actual Damage Amount' is confirmed for the damage in fishery affairs that is outside of the public project area. The compensation for fishery business on the indirect damage area has been excluded from the advance compensation subject to conflict with the existing laws on fishery business compensation with the controversy in method, procedure, time and others to confirm the actual damage amount, and it lacks the standard of calculation for detailed compensation on partial damages outside of business implementation area, which caused the ceaseless conflicts and straggles between the project implementation party and the victimized fishermen regarding the calculation method of damages, standard, compensation period and others. In particular, from the numerous problems in damage compensation in fishery on the indirect damage area, the most recent problem emerged is the issue on application method of damage period in calculating the damage compensation amount that the struggle has been deepened with the differences between the project implementation party and the victimized fishermen without the stipulation on the compensation, that caused the difficulties in carrying out the public project and other serious social problems. In this study, the reasonable application method for the damage period and the calculation plan of the damage amount for calculating the damages on fishery industry outside of the public project implementation zone that is not fully specified under the Land Compensation Act, and the indirect damage area is not influenced for the notification of project recognition, and the compensation to undertake with the damage in the fishery industry in project implementation area to have the nature of damage compensation, the right to engage in fishery industry has the perpetual nature of rights, the fishery damage compensation system of Japan also recognizes the perpetual right on fishery industry to calculate the compensation amount, and the compensation for damage amount has been exercised for the period of actual damage occurrence period regardless of remaining effective period for most of fishery permit and license for fishery compensation outside of the project implementation area following the recent various public projects as well as the development process of theory on fishery loss compensation that the calculation of damage amount on the fishery industry outside of the project implementation zone would be prudent to compensate by calculating the applicable damages during the period of actual damages, and by doing so, the 'just compensation' guaranteed under the Constitution may be materialized. Therefore, the calculation of the damages from the implementation of the public project shall consider the actual period of damages and the degree of damage from the public project to calculate by the income capitalization method, however, considering the equitable consideration with the compensation following the cancellation, it shall not exceed the compensation following the termination of the applicable fishery businesses. Furthermore, the calculation method of partial damage amount on the fishery business following the project implementation shall apply, depending on the period of damage occurrence, by (1) the case of calculating the future damage amount at the present time, and (2) calculating the damage from the past to the present time as well as the damage to be incurred later, by selecting the calculation method for damages following the damage occurrence type.

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Securing Land Rights in Myanmar Development Project : Focusing on Foreign Investment and Land System (미얀마 개발사업 추진시 토지권리 확보방안 : 외국인투자 및 토지제도를 중심으로)

  • Jeong, Yeun-Woo
    • Land and Housing Review
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    • v.8 no.3
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    • pp.145-159
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    • 2017
  • Despite the longing for democracy of most people, Myanmar has missed opportunities for social and economic development by military dictatorship. However, since 2010, the civilian government has gained new opportunities for reform. After turning to economic reform, developed countries such as the US and EU lifted the economic sanctions that they had taken in the past. As a result, it is growing rapidly compared to neighboring countries due to attracting foreign capital, tariff benefits on export items, and expansion of industrial infrastructure. Despite the increased investment value due to economic growth and democratization, the complex and customary land system of Myanmar must be an uneasy factor in securing stable land rights when entering overseas markets. Therefore, this study sought the method of securing the land rights in the development project through the analysis of the foreign investment system in Myanmar and the investigation of joint development cases. The results of this study are as follows. First, the acquisition of land use rights at the early stage of development can be considered through the foreign investment system. Under the Foreign Investment Law and Myanmar Investment Law, the land can be used for up to 70 years, and Under the Special Economic Zone Law, the land can be used for up to 75 years. Second, in relation to land compensation, it is required to establish a detailed resettlement plan for the indigenous people as the difficulty of land acquisition is expected due to the recent democratization trend and strengthening the voice of residents. Third, land use at the operational stage can be achieved by leasing the land from developers, and this will be the most realistic plan at present. In other words, the developer can directly develop the land created under the Foreign Investment Law and the Special Economic Zone Law, or Sub-lease and transfer the land use right to a third party.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.