이주대책대상자제외처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds alleged by the plaintiff in the court of first instance while appealed from the judgment of the court of first instance are not different from the contents alleged by the plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the plaintiff's claim even if each evidence submitted in the court of first instance and the court of first instance and the court of
Therefore, the reasoning for this Court regarding this case is as follows, except for the addition of the judgment on the plaintiff's assertion as follows, and therefore, the reasoning for the judgment of the court of first instance is identical to the reasoning for the judgment of the court of first instance.
2. The addition;
A. The Plaintiff asserts that Article 40(3)1 of the Enforcement Decree of the Land Compensation Act is an infringement of fundamental rights, which provides for the exclusion of a person subject to relocation measures, and that the provision of the Enforcement Decree of the Land Compensation Act, which is a Presidential Decree, does not directly stipulate in the Land Compensation Act, violates the principle of statutory reservation and the principle of prohibition of comprehensive delegation.
However, the relocation measures are not directly included in the reasonable compensation that takes place in response to the restriction of the exercise of property rights, which are fundamental rights by expropriation, etc., but in addition, it is not related to the essential contents of fundamental rights of the State (see, e.g., Supreme Court en banc Decision 2001Da57778, Jul. 25, 2003; Constitutional Court en banc Decision 2004Hun-Ma19, Feb. 23, 2006). In addition, the right to demand the establishment and implementation of such relocation measures is only the right that only forms the specific contents in accordance with the contents of the law, so the scope of the persons subject to relocation measures, requirements, etc., that are subordinate to the law by delegation of the law, and thus, is the principle of statutory reservation.