토지설계법상 계획제한과 사권보호에 관한 연구 : 국토건설종합계획법, 국토이용관리법, 도시계획법을 중심으로

국토·도시계획에 따른 계획제한과 사권 보호를 연구했다.

Land Planning Law was legislated mainly to govern the factors that affect national utilization of land and other life surroundings which have been being ruined these days due to the urbanization as the societies became industrialized. In this connection, it is inevitable for gevernment to control some private rights with a limitation on a certain extent as per the Constitution as long as the private rights are basically guaranteed in accordance with the provisions of law. However, under the present circumstances questions as to how the private rights are protected occur because they are not expressly stipulated in the provisions of pertinent law.

The article 22-3 of the Constitution stipulates " In case of expropriation, use or restriction of private property for public purposes, just compensation shall be paid in accordance with the provisions of law. The compensation shall be made fairly so that public and private interests shall not be affected as will be stipulated in the concerned law." However, the Land use and Management Law governing on how to plan and manage the land is not satisfactorily stipulating the process of compensation and thus require supplementary provisions.

Accordingly, this thesis discusses the Law of Land Development and Plan, the Land Use and Management Law and the City Planning Law which are important governing land development practices with a viewpoint of how to deal with planning restriction (restriction in execution) by the government. Also it is about positive laws in force protecting private rights in terms of how to solve problems occurring in the course of executing those laws.