The judgment below

Among the attached claims, the part against the plaintiff concerning the No. 1, 2, and 4 of the damage compensation claim shall be reversed, and this shall apply.

The grounds of appeal are examined.

1.(a)

Article 77(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Land Compensation Act”) provides for compensation for business losses, and Article 77(4) provides for matters concerning the detailed calculation of compensation amount.

The Enforcement Rule of the former Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 131, Oct. 22, 2014; hereinafter referred to as “Enforcement Rule of the Land Compensation Act”).

Articles 46 and 47 provide for the method of calculating the amount of compensation for business losses by dividing the cases. Article 47(3)1 provides for one of such cases that “where a part of a business facility is incorporated into a public-service business, and it is impracticable to newly install the facility or to continue the business without repairing the remaining facility due to the incorporation of a part of the business facility into a public-service business, the business losses due to the reduction of the size of the business and the operating losses due to the reduction of the size of the remaining facility” shall be “business profits during the period required for the installation, etc. of the relevant facility” (Article 1), “expenses normally required for the installation, etc. of the relevant facility” (Article 2), “The amount of sales losses of fixed assets, raw materials, products, and goods

In comparison with the compensation for the remaining land under Article 73 (1) of the Land Compensation Act and the compensation for the loss of remaining buildings under Article 75-2 (1) of the Land Compensation Act, only the kinds of the objects acquired by the project implementer in installments are different. All of them are the Constitution by allowing the project implementer to compensate for the loss incurred by the remaining land, building, or business facilities, if the project implementer acquires part of a group of land, building, or business facilities in installments to implement public works.