토지이용규제에 대한 한국과 미국의 비교 연구- 헌법의 재산권 보장 관점을 중심으로-

한국과 미국의 토지이용규제를 헌법상 재산권 보장 관점에서 비교했다.

Although Korea and the U.S. share a common goal pursuing public interest in regulating land use, property rights in Korea, which are protected under the constitution, have long been outweighed by public goals and there was litle effort to reflect the conspaper explores as to what the legal significance of the Korean land use system should be fundamentaly considered within the constitutional requirements on property rights through comparing to the U.S.'s experiences.

As a result, this study has found that the Korean legal system began to when the Korea Constitutional Court ruled that the Gren Belt law is not consistent with the Constitution based on the similar reasoning to the U.S.'s initial case laws on regulatory taking, such as Pennsylvania Coal and Lucas. Consequently, for Korea to have more democratic, advanced system for land use control, legal