The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.

1. Judgment on the Defendant’s ground of appeal

A. According to Article 64(1)2 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) with respect to the assertion of violation of jurisdiction, where it is inevitable for a person who operates a business subject to compensation for operating losses outside a zone for the execution of public works to suspend his/her business for a certain period due to the suspension of the access route due to the implementation of public works or other inevitable reasons, he/she shall be deemed to be incorporated into the zone for the execution of public works at the request of such business operator in cases falling under any of the grounds of appeal.

Such right to claim compensation falls under public law rights as a kind of compensation for the special sacrifice of property caused by the legitimate exercise of public authority, such as the implementation of public works, from the perspective of the overall fairness burden, and the lawsuit on the compensation is required not to be civil litigation but to follow administrative litigation procedures.

It is the major principle of the Constitution that the property rights of all citizens shall be guaranteed and the legitimate compensation shall be paid for the expropriation of property rights due to public necessity (Article 23 of the Constitution). In this regard, as a result of the implementation of public works, the implementation of the public works is to prepare detailed regulations concerning the standards, etc. for compensation for indirect losses, etc. that may affect outside the area where the public works are performed or to determine the details of subordinate statutes

Although the operating loss outside such a public service implementation zone occurs simultaneously with the implementation of the public service, it is different from the cause and time of occurrence in the case of the installation work of public facilities or the operation of public facilities installed by the public service.