土地利用規制와 土地公有化 方案에 관한 硏究

토지이용규제와 토지공유화 방안을 연구했다.

The Land is the basic foundation of the state and provides its people vith the spaces for daily living and production activities. In the most of the modern welfare states, the development and preservation of the land space are the primary responsibilities of the state. The right of property of all citizens shall be guaranteed (constitution Para. 1 of Art. 23). However the property rights have been restricted by the laws of the land planning such as the Land Use and Manegement Law and the City Planning Law etc.. These days, a nation or local government generalized the restriction of land use from the general viewpoint of urban and the land development.

These gevernmental restrictions on private land property resulted in consideral property damages or disadvantages due to the legal inconsistency between the constitution and the subordinate position laws. Therefore, the methods to compensate or relief for damages have been intensively studied in light of the basic theory of laws. The concept and theoretical ground of the planning control of the living space has been written. The restrictions of land use on the ground of the administrative planning and the current actual status of the land use and its restrictions are also studied.

Provided that the restrictions are not exceeding the scope of the social limitations, no compensation is required. However, the damages in some cases forcing sacrifices and exceeding the limitations are to be compensated. But, in fact, the compensation has not been implemented. Since there are no stipulated regulations or rules to the laws and ordinances. So the appropriate legislative enactment and the suitable administrative policy are required to enable the compensation. The compensation for the restriction of land use is different from the case of land expropriation. So the damages are not practically easy to determine the value and the scope of the compensations to make.

Accordingly, the government measures to alleviate the damages are needed. According to the restrictions or controls of land use, the funds to compensate for the damages caused by the development Bay well be appropriated to the interest following the regional land development. This has been the prevailing practices in the advanced countries these days. It is rather desirable to nationalization the privately owned lands that are legally restricted within the green belts and the like as other nations are executing. As stated above, recently, the green belt zones in the urban area is threatened with the increasing development pressure caused by rapid urbanization and industrialization.

The best alternative for this problem-solving is to establish the public ownership of the land property in the green belt areas. Therefore a widely acceptable method of obtaining the funds required for the public ownership of the private lands should be carefully worked out and carried out on the gradual basis considering the financial availability. The funds are to be raised from the development profits, the government's subsidy and issuing bonds. In conclusion, summarizing the study on the subject the transfer of the private ownership to the public should be considered, and the limitations and the various problem areas to be solved are poinded out in this study.