都市計劃法上의 用途地域制에 관한 硏究 그 法的 性質을 中心으로 : with Emphasis on the Legal Nature of City Planning as to Zoning

도시계획법상 용도지역제의 개념과 법적 성격을 연구했다.

The purpose of this study is to identify the concept and contents of city planning as to zoning and the lagal nature of it. There are more people, the more land needed. But land as natural resource is very limited and cant be maltiplied according to the demand In many countries, especially like urbanized and industrial ized countries, sincere efforts for the best use of land have been made. There are various methods of land regulation in modern states. Zoning is very attractive method to modern city planning armong them.

In Korea, the beginning of city planning law was the Town Act enacted in 1934 in modern meaning but in the meaning of nowadays it is a City Planning Law amended wholly in 1971 Our city planning had meant physical planning by 1960s, but it means a comprehensive planning contained socioecommic planning as well as physical planning after 1970s. Zoning had police administrative function at the beginning from the view of technique of city planning, but it has been developed gradually and has the function of land use controll in cities.

Nowadays, the laws pertaining to administrative plan become the most important theme in the administrative law and such a plan has the binding force for each individual. Thus, as to the legal nature of city planning about zoning, there are various opinions. Some say its legal nature is similar to law, and others, a kind of administrative act. This plan violates and alters the rights of residents concerned concretely and individually. And such violation and alteration is complete when it is decided and promulgated. In this reason the city planning as to zoning must be the object of the judicial review.

In this treatise, I don't deal with the qualification of a plaintiff and the illegality in procedure of city planning and so forth. The contents of this treatise are composed as follows; I.Introduction II.The concept and development of zoning III.Zoning, Land Use Plan and Urban Master Plan IV.Zoning In Korea V.The legal nature of city planning as to zoning VI.Conclution