土地區劃整理事業의 法的 問題點에 관한 硏究

토지구획정리사업의 법적 문제점을 검토한다.

System on urban development in Korea had been introduced in 1930s for the first time however under Japanese Rule before the Liberation land readjustment project had been particially implemented. Since the Liberation for 10 years mainly reconstruction projects and continuation of projects undertaken under Japanese. Rule had been promoted for this reason there has been no remarkable urban development during the period.

Land Readjustment Project was a product of a desire which saw in the Project means for improving utilization value of the land under a circumstance of recognizing the need for control over the land from standpoint of public laws for better and systematic utilization of the land to have solution of urban problems following industrialization of the nation since 1960s. Land Readjustment Project started in German in early 20th century and now it spread to Japan and Korea and it is a system whereby cost of land development is not borne either by government or local self-governing body bun by land owners.

For this reason most of urban develop-ment projects have taken a form of Land Readjustment Project because government could ill afford for paying cost for such land development out of-its treasury. Likewise it is quite true that land readjustment project has been instrumental for urban development in the nation on the other hand due to long project period numerous complaints on the part of land owners arose and scores of infringing private property right appeared out of uncooth planning, frequent changes of project plans and expropriation of land which is substituted and employing it for the purpose of expan-sion of road, Park and plazas.

On numerous occasions there were cases of land speculations against land under land readjustment project; for this reason in 198C Land for Housing Development Promotion Act was enacted which is a form of publicly operated development, and current-ly most of large scale urban development are subjected to the said Act. Therefore in this treatise the land readjustment project has been anaiysed in terms of its system, implementation and operation in con-nection with guarantee of private property right because this project is built upon a premise of public restriction. of private property right through expropriations etc.

and the writer proposed the measures for improvement of the project as the following: Firstly, as a measure for improvement of system, system of ceiling for the possession of substituted land shall be adopted so that area of substitution of land allowable to a certain person should be subjected to restriction according to supply and demand for the land. To ensure rational substitution of land adoption of eclectic method of land sub-stitution would be required meaning that method of appraisal should consider method of area.

Secondly, for improvement of implementation development of compre-hensive urban development plan and its systematic implementation are essential for the purpose of avoiding any duplication and waste of efforts furthermore time for project, economic factor and sizes for development should be considered and status of demand for land for housing also must be included in basic plan.

Thirdly, for improvement of operation proper payment of expences and subsidies to keep balance between public and private interest should be preceded for rational share of responsibilties for involved cost; through ratlonal designation of land secured by authority in recompense of development outlay scheduled price for Che said land should be decided objectively; by proper adjustment of the location of land secured by authority in recompense of development outlay according to distribution of price of land stability of land price must be secured.

Under the current system land owners are forced to rely on supervision of local self governing body for checking on sluggish push for the project, Procrastination, irrational decision on tbe designation of land secured by authority in. recom-pense of development outlay, improperness of settlement amount and emerging of superfluous project cost etc. due to insufficient legal ground for prevention of che above mentioned occasions for this reason earlier advent of better and practicable supervision system is essential.

Despite numerous points requiring improvement in land readjustment project for half a century this project has been instrument for advancpment of urban development in the country, in view of expected importance of issue of distribution of wealth as a focus of economic policy in the 21st century the adequate distribution of land seems one of more urgent tasks facing us.in the future. Accordingly land readjustment project should not be treated merely as improving supply of land for housing in urban areas it should become a system which assumes a role in policy as well.

However due to lack of measures adequate enough to response co the call of time the iand readjustment project has been waning in its inportance slowly but when above meii-tioned improvements in terms of executions and operations are rein-forced then this project would eb able to play more effective role as a systea of efficiency in the relevant field.

目次 = 0 第 1 章 序論 = 5 第 1 節 硏究의 目的 = 5 第 2 節 硏究의 範圍 및 方法 = 7 第 2 章 土地區劃整理事業의 一般論 = 8 第 1 節 土地區劃整理事業의 歷史的 考察 = 9 Ⅰ. 土地區劃整理專業의 淵源 = 9 Ⅱ. 우리 나라에서의 制度導入 및 變遷過程 = 11 1. 1930年에서 1945年까지 = 11 2. 1945年에서 1960年까지 = 13 3. 1960年에서 1980年까지 = 15 4. 1930年에서 現在까지 = 16 第 2 節 土地區劃整理事業法의 改正과 主要內容 = 16 Ⅰ. 第 1 衣 改正 = 17 Ⅱ. 第 2 衣 改正 = 18 Ⅲ. 第 3 衣 改正 = 19 Ⅳ. 第 4, 5 衣 改正 = 19 第 3 節 土地區劃整理事業의 特性 = 19 Ⅰ. 一般的 特性 = 19 1. 關聯 權利者의 立場에서의 特性 = 20 2. 事業施行者의 立場에서의 特性 = 23 3. 節次的 側面에서의 特性 = 25 Ⅱ. 關聯制度 와의 比較上 特性 = 27 1. 宅地關發促進法에 의한 公營開發方式의 槪要 = 27 2. 土地區劃整理事業과 公營開發方式의 比較 = 29 第 3 章 土地區劃整理事業의 施行方法 = 33 第 1 節 土地區劃整理事業의 對象 및 主體 = 33 Ⅰ. 對象 = 33 Ⅱ. 主體 = 33 第 2 節 土地區劃整理事業의 施行 節次 = 35 Ⅰ. 準備段階 = 35 1. 地區의 選定 = 35 2. 現況調査와 設計 = 35 3. 法的 保護措置 = 36 Ⅱ. 認可申請期間指定과 事業施行認可 = 37 1. 認可申諦期間指定 = 37 2. 事業施行認可 = 37 Ⅲ. 換地段階 = 38 1. 換地計劃 = 38 2. 換地豫