開發制限區域의 損失補償에 關한 硏究

개발제한구역 지정에 따른 토지이용 제한과 손실보상을 연구했다.

The green belt, which prevents the urban sprawl, preserves the natural environment and supplies the urbanites with a sound open space secures the historical validity that its designation was inevitable in the process of urban development. Therefore the need of its preservation is great, if there won't be raised an epoch-marking device to be able to substitute its role in the part of city planning or architectural engineering. But the green belt of this country has exposed a lot of problems since its designation, because it was designated in the absence of deep study on the problems which might be caused by designating of the area. Out of these problems.

the absence of loss compensation for green belt is the most serious problem in the points that restricting on ownership by its designation is the most fundamental infringement upon the people's property right whose protection is prescribed in a constitutional law and the most primary factor to prevent the stable preservation of green belt. So the disparity between the need of preservation of this area and the residents' damages should be controled and this is possible by offering the loss compensation for green belt.

The validity of loss compensation for green belt is like the following First, the fact that the land price level of this area is lower than one-tenth of non-green belt's level means a specific sacrifice which exceeds the limit of social restriction being in naturally in property right. Second, there is an article of loss compensation on public infringement in a constitutional law. Third, the need of control between windfalls and wipeouts is required.

The appropriate measures of loss compensation for the green belt could be taken like the following, and they are nation's buying the land of green belt at a rational price, introducing the system of transferable development rights(TDR) and offering various compensations for living. And the limitations of compensation are shortage of national finance, an ambiguity of selecting compensators and deciding the 'timely when' for compensation, and spreading effect from the changeability of public administration.

As a result, of the discussion, the management such as a partial release of administrative regulations to the green belt is not a substantial way to solve the problems related with its designation. On the contrary, to adopt the way to strengthen control of the area after offering compensation enough for the green belt is to solve the dilemma between the need of preservation of green belt and the residents' economic damages as well as to enhance the quality of human life by the way or preservation of natural environment.

目次 第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍 및 方法 = 2 第2章 開發制限區域의 損失補償에 관한 理論的 接近 = 4 第1節 土地所有權의 制限 = 4 1. 土地所有權制限의 意義 = 4 2. 土地所有權制限의 根據 = 8 3. 土地所有權制限의 範圍와 內容 = 10 第2節 土地所有權制限에 대한 損失補償 = 13 1. 損失補償의 意義 = 13 2. 損失補償의 近據 = 13 3. 損失補償의 範圍와 內容 = 16 第3節 開發制限區域의 指定目的 및 期待效果 = 19 1. 開發制限區域의 指定目的 = 19 2. 開發制限區域 指定의 期待效果 = 24 第4節 開發制限區域에 대한 損實補償의 當爲性 = 26 1. 二論的 側面 = 26 2. 法的 側面 = 29 3. 衡平的 側面 = 32 第3章 開發制限區域의 實態分析 = 40 第1節 開發制限區域의 實態 = 40 1. 開發制限區域의 指定現況 = 40 2. 開發制限區域 地價에 대한 事例分析 = 41 3. 行爲制限 = 48 第2節 開發制限區域의 問題點 = 55 1. 境界線과 開發壓力의 問題 = 55 2. 土地效率性 低下 = 57 3. 損失補償問題의 發牲 = 60 第4章 開發制限區域에 대한 損失補償案 및 限界 = 62 第1節 開發制限區域에 대한 損失補償 現況 = 62 1. 韓國의 損失補償 現況 = 62 2. 外國의 損失補償 現況 = 63 第2節 開發制限區域에 대한 損失補償 方案 = 65 1. 土地買收請求權의 認定 = 65 2. 開發權讓渡制의 導入 = 66 3. 生活補償 = 69 第3節 開發制限區域에 대한 損失補償의 限界 = 71 1. 國家財源의 不足 = 71 2.