철도건설사업으로 조성된 토지의 국유화에 대한 법적 문제점

초록

Article 17 of the Railway Construction Act stipulates that all facilities established and installed through railway construction shall be nationalized. This restriction, however, is excessive in light of the constitutional guarantee of property rights. This study aims to examine whether guaranteeing only the right to use and profit free of charge, based on the premise of primitive nationalization of railway construction, constitutes full compensation for property rights, or if it violates Article 23 of the Constitution's guarantee of property rights. The research method aims to determine whether the characteristics of railways, which are inherent in natural monopolies and serve the public good of guaranteeing citizens' right to mobility, act as a factor in the acceptance of property rights restrictions. Ultimately, this will stimulate investment in railway facilities and contribute to public safety.

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