土地利用의 公法的 規制에 관한 硏究 : 用途地域 地區制를 中心으로

토지이용의 공법적 규제와 용도지역·지구제의 개선방안을 연구했다.

So far, in this thesis, after I've looked into the contents of various use of land regulation system which has been enforcing in our country in reference to the public concept of land system, as a key-subject, I've selected zoning which can be a representative regulating means of the use of land-restriction and I've examined its concrete, its status quo of specifications and its improvement problem and debate about a measure of reform. As a result of examination, the current use of zoning can just a bit be estimated as a successful one on the side of the preservation of national territory, however I've found out a lot of problems to be improved on the other side of the effective use of land.

After all, as the regulation problem of the use of land is the very one of land-legislation question about land, It ought to be requested that we urgently improve and complement this problem. From this point of view, I, in person, as a researcher, can't conclude this treatise until I've summarized the analysis result of problems on the use of zoning and presented the improvement measures on the system. First, we systematically have got to improve the current related laws and ordinances. It is necessary that more than eighty sorts of complicated, many branched, related laws and regulations of the use of land. We synthetically research and examine to systematize them.

It is desirable that we should establish a special research institute which belongs to prime minister in order to carry out them effectively. Second, It's necessary that we need the use of zoning along with its system-improvement to be come out of a uniform, stiff administration and administered more elastically than ever. So as to improve to make the most use of our samll and and narrow national land efficiently, we should draft the policy of land through special analyses of the actual conditions every three or five years. It's also desirable that the right to designate and change the use of land district should be turned over the reins of local governor by means of systematic improvement.

Third, we can not realistically recognized the full scale and all out public property of land which can be considered as the original plan of land-system but the introduction and enforcement of the public concept of land must be reinforced increasingly the days ahead. The strengthening of the restriction of the policy on the possession of land. Here it is: ? By restricting the possession of land, so as to prevent land from a speculative venture and realize a society of justice on the distribution of fortune, the top limit of the possession of land should continuously be amended and complemented.

The top limit of the agricultural land must be relieved at a moderate level to guarantee the industrialized agriculture. ? For strengthening the top limit of the possession of mountains, the right of possession and the right of making use should be divided and the system about the certificate of the sale of the mountains must strongly be attested and it is desirable that we should amend it taking the lead in the right of making use. ? The development benefit must be returned for the sake of our society and the legislation of the amendment of laws in reference to the development loss should be realized.

The development benefit must be paid back to our society and the development loss must adequately be compensated for on the ground of the principle of equity. Fourth, to raise the efficiency of the use of land, it is necessary to reduce and regulate the reserved development destrict. It is a also advisable to reguire examination of the measures against the land which is left as it stands recklessly without being made use of owing to the law of the limited development district and the reserved development district on the outskirts of the cities.

It is also desirable that to settle these problems is to magnify and enforce the cultivation by proxy and actively make use of the returning to the society of the development benefit. Fifth, the use of land district and zone must be subdivided. The subdivision of it and the sort of the use of land district, the facilities, the size of land must be realized according to each local trait so as to make the most of characteristics of every district and zone.

Sixth, As the division between the right of land-possession and the right to make use of land is a useful system to make the efficient of land to administer land, it might as well be restrictively recognized in case of not performing of a duty on the ground of actual realities of life. Accordingly the cultivation by proxy and the right to make use of the mountains should be strongly made the most of them. Seventh, in deciding to designate and change the use of land district and zone.

We not only expland to have many experts take a participation in such a decision but the plan of local residents' participation must also be considered of So far, in this treatise, I've looked over the articles about the regulation system of the use of land and studied putting a key note on the improvement plan of zoning and the presentation of it. In conclusion, I consider that the problem to regulate the use of land depends upon how the combination between the public interest and the private interest should be systematized.

There is somewhat limit for me to present the concrete measures of enforcement of the use of land, however believing that the above-mentioned articles whould be reflected on the policy of the legislation and the system would rationally be amended close this treatise.

目次 = ⅰ 第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍및 方法 = 4 第2章 土地利用規制에 대한 一般的 考察 = 6 第1節 土地 槪念과 特性 = 6 Ⅰ. 土地의 槪念 = 6 Ⅱ. 土地의 特性 = 7 第2節 土地利用規制의 必要性 = 10 Ⅰ. 土地利用規制의 意義 = 10 Ⅱ. 土地利用規制의 必要性 = 11 Ⅲ. 土地利用規制의 目的 = 11 第3節 土地財産權에 대한 公法上 規制 = 12 Ⅰ. 土地의 公槪念制度 = 12 Ⅱ. 公法上 土地利用規制의 種類 = 14 Ⅲ. 外國의 土地利用規制制度 = 24 第4節 土地利用規制의 法的 根據및 法制度 體系 = 31 Ⅰ. 土地利用規制의 法律的 根據 = 31 Ⅱ. 土地利用規制의 關聯法 體系 = 34 第3章 土地利用規制 手段 및 內容 = 36 第1節 土地利用計劃 = 37 Ⅰ. 土地利用計劃의 意義 = 37 Ⅱ. 土地利用計劃의 種類 = 38 Ⅲ. 土地利用計劃 樹立節次 및 效果 = 42 第2節 用途地域地區制 = 46 Ⅰ. 用途地域制 = 47 Ⅱ. 用途地區制 = 53 Ⅲ. 用途區域制 = 54 第3節 用途地域地區制의 行爲制限 = 55 Ⅰ. 一般的 行爲制限 = 55 Ⅱ. 用途地域에서의 行爲制限 = 55 Ⅲ. 用途地區에서의 行爲制限 = 64 Ⅳ. 用途區域에서의 行爲制限 = 68 Ⅴ. 行爲制限에 대한 特例 = 69 第4節 用途地域地區制의 指定實態 = 71 Ⅰ. 地目別 土地利用現況 = 71 Ⅱ. 用途地域 指定現況 = 73 Ⅲ. 開發制限區域 指定現況 = 75 Ⅳ. 絶對農地 指定告示現況 = 77 Ⅴ. 保全林地 指定告示現況 = 78 第4章 用途地域地區制의 問題點 및 改善方案 = 7