開發制限區域 指定과 政策에 관한 硏究 = (A) study on the designation and policy of the limited development district

개발제한구역 지정 정책의 목적과 토지이용 및 주민 재산 피해 문제를 검토했다.

The limited development district was designated with a view of preventing the disorderly expansion of cities and towns from gravitation of the population and industry toward them and preserving the natural environment of the outskirts from environmental pollution. However, the designation of the limited development district resulted in the problems such as the damage of the inhabitants' properties and lack of the principle of equity of land utilization.

Also one of the biggest problems in regulatory measures of the limited development district was that they had one principle of only regulating various acts in the limited development district, but the measure to the permission of many acts was unprincipled and unplanned. Accordingly, the purpose of this article was to present reasonable utilization and management plan to the limited development district in order to improve living conveniences of related inhabitants and keep pace with the invigoration of regional economy at this point of localization age.

This article compared and analyzed studies precedent and the result of the questionnaire survey to present the problems of operational conditions to the designation, management and utilization of the limited development district and search for the policy plan thereto based on the theory on the relation between the existence reason of the limited development district and the local government.

The model carried out the analysis on the validity inspection, democratic character of policy, rationality, and equity to the designation, management, and utilization of the limited development district in Korea as the effective utilization and need of management of the district is on the rise for invigorating the regional development of the limited development district and improvement of inhabitants' conveniences, and presented policy plans through the evaluation of the limited development district. The problems through the analysis on the actual conditions of the limited development district are as follows. The following are the problems in designating it.

First, in the initial stage of designating the limited development district they did not conduct a spot investigation prior to the designation of a district, so there are many unreasonable borders in the limited development district. Second, the limited development district has been designated including already urbanized area, which results in an obstacle to the growth of the city concerned and a hindrance to the balanced development of a territory. Third, in deciding the city plan to the limited development district, the procedural security of the plan for guaranteeing the reasonableness and democratization of it lacks. The following are the problems in managing it.

First, behavioral restrictions cause falling behind compared to adjoining regions as there is no development. Second, the limited development district aims at limiting development acts, so it is impossible to devise a positive plan for use or utilization, and lacks a long-term plan and policy. Third, some self-governing communities take up a high rate of the limited development district, so they can not provide proper urban administrative services to the inhabitants.

Fourth, the region should be managed for the purpose of effective utilization, but it has an adverse effect on the management system for effective use as its management based on a stiff way of thinking is changed to the end, not the means, and recognized as a passive tendency of leaving alone or legal application. Fifth, in a variety of inspections, they are executed in an exposure-centered way, not with a view to finding out fundamental problems, where objectively acceptable matters are removed and accused, and the transpositive manner of the spot inspectors and administrative authorities inherently have administrative improperness and conflicts with inhabitants.

Sixth, in the management expenses of the limited development district, the burden of adjacent local governments directly and indirectly suffering from damage in spite of non-flood time is increasing. The problems in use are as follows. First, due to the regulation of land usable from the limited development district, use lands lack, the local government is difficult to perform the regional development project. Second, the area accounting for 1.3% of the total was damaged from 1971 to May 1990.

Of it the case of the change of land form and nature from the government's public project accounts for 84.5% of the total, so the government's unprincipled use of the limited development district is a problem. Third, the higher-dense the inside city becomes in the current condition difficult to analyze measurements, the higher the value of the green belt surrounding the limited development district becomes higher, which results in the unreasonableness of land use.

Fourth, the excessive restriction of acts imposed on the relevant area due to the designation of the limited development district causes a problem in compensating for the land property right by making the land resources located in the proper district not available. The policy direction drawn through the analysis on the above contents can be presented as follows. First, the limited development district is a natural resource to be handed down to our descendents, so the policy decided by a long-term plan with related inhabitants, specialists and the government participating in, not by necessity as occasion demands is needed.

Second, in order to achieve the designation goal of the green belt, the green belt of value to be preserved should be maintained from the point of designation, and as to the inhabitants dense area, the land use should be effective by sharply deregulating the control related to living and livelihood. Third, to the restriction of property right exercise due to the behavioral limit in the limited development district, a proper compensation measure should be taken. Fourth, considering the spatial ch

목차 = ⅰ 제1장 序論 = 1 1. 硏究의 目的 = 1 2. 硏究의 對象 및 範圍 = 2 3. 硏究 方法 = 4 第2章 開發制限區域에관한 理論的 基礎 = 6 第1節 開發制限區域의 存在理由 = 6 1. 開發制限區域의 槪念 = 6 2. 開發制限區域의 沿革 = 7 3. 都市와 開發制限區域 = 10 第2節 開發制限區域과 地方自治와의 關係 = 13 1. 地方自治와 地域政策決定 = 13 2. 開發制限區域에 대한 自治團體의 役割 = 14 3. 自治時代의 住民參與 = 17 第3節 分析의 틀 = 21 1. 分析틀 = 21 2. 設問調査의 실시 = 22 第3章 韓國의 開發制限區域制度의 分析 = 26 第1節 開發制限區域의 指定 = 26 1. 指定目的 = 26 2. 制度의 變遷科程 = 29 3. 指定基準 및 節次 = 36 4. 指定現況 = 39 第2節 開發制限區域의 管理 = 42 1. 行政的 管理 = 42 2. 開發制限區域 管理政策 = 45 3. 制度改善을 통한 地域住民 不便解消 = 49 第3節 開發制限區域의 利用 = 51 1.行爲制限의 原則 및 許容範圍 = 51 2. 開發制限區域의 利用現況 = 59 第4節 開發制限區域의 問題點 = 67 1. 指定上의 問題點 = 67 2. 管理上 問題點 = 68 3. 利用上의 問題點 = 71 第4章 開發制限區域制度의 評價 = 75 第1節 外國의 開發制限區域政策 = 75 1. 英國의 그린벨트 政策 = 75 2. 日本의 近郊地域 政策 = 78 3. 프랑스의 綠地保全地域 政策 = 80 4. 主要國 경험의 정책적 合意 = 81 第2節 開發制限區域의 指定效果 = 82 1. 開發制限區域制度의 肯定的 側面