土地利用規制(計劃制限)와 正當補償問題

토지이용계획 제한에 따른 정당한 손실보상 문제를 검토했다.

The reparation for damages should be unified. I refer to the limitation of designation of the area, the specific use zoning, the scenic zoning, the determination zoning in advance of the activity, the long-term leaving of planning control, the public property and the public facilities in the importance of modern planning control and each article. In the just compensation is dealed with the range and methods of conpensation for damages. And the preliminary relief is refferd to in the planning control and right protection on the administrative procedure. I agree to the direct effective theory. The just compensation is devided by three cases.

They are the cases of enough paying of conpensation for damages, no compensation and the withdrawal of a profit for development to the government. In the conclusion, I propose that the administrative procedure Act or ombudsman system be reconstructed so that the preliminary relief can be applicate to the procedure of planning control establishment and the decision of just compensation.