• KDI Journal of Economic Policy
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• v.33 no.3
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• pp.121-161
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• 2011

We study incentive structures of public developers and land owners in the process of public expropriations using a sequential game model. In the model, we show that there is an incentive for the public developer to give more compensation than just compensation that are defined by law. Also the model shows that there is an incentive for the land owners to revolt strategically against the public expropriation. Then an ideal authority delegation model is introduced to resolve the problems, where an independent appraiser determines the compensation for the expropriation. In the real world, improving the independence of appraisal process is critical to make the system closer to the ideal authority delegation model. So this paper concludes by making a few policy suggestions to improve the current appraisal system.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.6
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• pp.929-937
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• 2011

This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary ${\triangle}$ to enhance the professionality of the local land expropriation committee, ${\triangle}$ to expropriate lands by the analysis of land type, and ${\triangle}$ to come up with alternative measures to prevent the rights of the expropriated.

• Korean Journal of Construction Engineering and Management
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• v.5 no.1 s.17
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• pp.62-70
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• 2004

The use of private property occurs fatally to achieve public work such as road construction and appropriate compensation for land expropriation must be performed to use private property such as land. Since compensation of land expropriation is complicated and compensation target is various, electronic processing system development for land compensation processing business is required. The land compensation system for Regional Construction Management Office applied geographic information system (GIS) technology to land drawing that becomes basis of compensation business when constructing roads. It can perform the establishment of compensation planning, the understanding of the present state of compensation and the management of compensation business by connecting with land position information on drawings. We also implemented our system so that it can effectively accomplish various kinds of works such as compensation by agreement, expropriation, decision and deposit etc. Development of the land compensation system that can reduce time for processing civil affair administration and decrease costs efficiently to handle land compensation business

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.121-145
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• 2009

South Korea has investment agreements such as FTAs, BITs with several countries. Up to now, no single case has been registered against the Korean government on breach of investment agreements, but it is likely that the number of such cases would increase. Therefore, an investor-state dispute settlement system, an arbitral procedure by which a foreign investor may seek compensation of damage against the host country, is gaining its importance. The provision of the ISDS has been one of the hottest issues in Korea while the Kor-US FTA was being signed. In this respect, with the growing number of regional agreements such as BITs and FTAs, a careful scrutiny on the ISDS is necessary for Korea. I have therefore studied theoretically subjects including the National Treatment(NT), the Most-Favored Nation(MFN), Fair and Equitable Treatment and Expropriation - those that have been the objects of protection on investors. And I have analyzed ICSID arbitral awards and provided implications. In the ICSID arbitral awards, the Fair and Equitable Treatment turned out to be the most recognized violation on investors by the host State in terms of investor protection. On the other hand, Indirect Expropriation - a matter of which public anxiety was shown led by civic groups - was not generally recognized in arbitral awards. This study is written for sake of governments, local autonomous entities and public enterprises that are in charge of FTAs and BITs.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.5
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• pp.749-756
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• 2011

Recently, ever-growing land price has caused public projects to come to considerable deadlocks. Up to date, project principals have relied upon mandatory expropriation policy or other relevant policies in order to procure land sites required for public projects in a short period, but these policies have brought about collective resistances and civil appeals from land owners and cause land compensation price to rise, resulting in delayed progress of public projects. Therefore, land banking system is enforced to resolve these issues. Successful implementation of land banking system requires purchase of sufficient land sites at affordable price so as to execute public projects and control real estate market. However, current version of Land Banking Act reveals several questions as contrary to public expectations in the days of its introduction. This study sought to make further analysis on the whole content of current legal system concerning land banking system. And based on the analysis, this study explored possible solutions for problems that hinder land banking system from its stable operations, so that this land banking system could contribute to resolving land problems by active promotion of public projects as originally intended and by the stabilization of land market based on balance control between supply and demand of land.

• The Journal of the Korea institute of electronic communication sciences
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• v.7 no.3
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• pp.617-623
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• 2012

In the situation where the number of anguished people are increasing recently related to the remained lot purchase, there occurs the need for the specification of the 'regulation on the remained lot's purchase'. The remained lot is the remained land that is left after the allocation to the public business, and is compensated for its loss by the business implementor through the 'remained lot purchase request' by the people accommodated. This thesis presents issues based on the case studies on the remained lots that was accommodated and adjudicated in the local autonomous entity, and has the objective of implementing the protection of rights and effective compensation administration through the just compensation of the loss to the people who are accommodated.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.3-27
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• 2022

Climate change is a man-made disaster that has become a major global concern today. With increasingly visible symptoms of climate change in recent years, it has become evident that climate action can no longer be dismissed as a mere matter of choice, but as a matter of survival for the human being. To address the impending climate change crisis in a collaborative and sustainable manner, the international community has been taking various measures including Kyoto protocol and the Paris Agreement. With respect to the private investor's project investment in line with international agreements on climate change, recently we have seen multiple legal judgments which clearly indicate the subject of judicial responsibility for investment in climate change related projects. However, in order to hold judicial responsibility occurring during the implementation of climate change related projects, a causal relationship between the responsible entities and clear responsibility must be demonstrated, and applicable institutional arrangements need to be arranged. It may be the right time for global community to consider shifting not only to human ethical obligations but also legal obligations. In this regard, concerned governments should consider legislating arbitration laws, regulations, and institutional arrangements in more specific and applicable manner.

• KDI Journal of Economic Policy
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• v.34 no.3
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• pp.1-29
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• 2012

Based on the spatial and land price data of innovation cities and their periphery areas in Korea, this study examines the degree and timing of changes in land price in relation to projects concerning innovation city. The study result confirms that the current system is inconsistent with the principle of restitution of development gain and therefore, this study attempts to seek improvement measures so that the current system can better fit the principle. The analysis reveals that most innovation cities, excluding Sinseo-dong of Daegu and Ujeong-dong of Ulsan, recorded a statistically significant increase in land prices since 2005, compared to those of their neighboring areas. It can be said that the information related to projects concerning innovation city was reflected in the land price since 2005. However, the standard land price pursuant to Article 70 of the Land Compensation Act is the officially assessed land price released on 1st of January 2007, and this official land price was actually applied to the compensation process. Therefore, estimating the compensation amount for land expropriation based on this land price will contradict the principle of restitution of development gain. In other words, despite the fact that development-related information was already reflected in land prices of innovation cities from 2005 to the end of 2006, the compensation process were carried out without institutional arrangements or efforts to exclude such reflection. To solve this problem, this study makes two suggestions. First, it is necessary to cast aside the limitations of the official land price that can be retroactively applied in accordance with Paragraph 5 of Article 70 of the Land Compensation Act, and instead apply the land price which is the most latest but deemed to have no reflection of development gains. Based on this revised standard land price, if the compensation amount is corrected by the average inflation rate and the average rate of increase in land price during the period until the time of the recognized land price, the amount would better satisfy the principle of restitution of development gain. Second, it is necessary to clearly stipulate the standards of development gains being reflected on the land price by including it in the secondary legislation. Under the current system, it is highly likely that appraiser's arbitrary interpretation on development gains is included in the process of calculating the amount of compensation for land expropriation. In this regard, it is necessary to improve the standards on determining whether development gains are reflected based on the results of this academic research and the existing guidelines for appraisal of compensation for land expropriation published by the Korea Association of Property Appraisers.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.