군사시설보호법의 개정방향

• 영문명: Amendment of Military Installation Protection Act
• 발행기관: 한국부동산법학회
• 저자명: 소성규(Soh Sung Kyu)
• 간행물 정보: 『부동산법학』부동산법학 제12집, 113~145쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

The ultimate goal of the Military Installation Protection Act (MIPA) is national security. To achieve this goal, the government maintains the Military Installation Adjacent Area (MIAA). Military authorities strongly emphasize the importance of MIPA, according to them; only strict application of the MIPA will restrict civilians development actions in the MIAA and will be an advantage to military operations during an urgent national situation. It will ultimately lead to completion of the capital defense area and establishment of stable national security. Military authorities will have to consider how they will resolve the conflict between public interest and private interest. National security can be categorized as a public interest and the Rights to Private Property as individual interest. Considering the unique situation of a divided country, there is a need to maintain a MIAA. At the same time, a person right to private property will have to be protected as well. Just because a person resides adjacent to MIAA that does not mean the person right to private property can be deprived. In this thesis, I suggested systemically solutions to resolve the conflicts within MIAA pertaining to protection of individuals rights to private property. I examined MIAA system to see if it contradicts the sprit of the Constitution. I insist on the reversion of MIAA legislation, which should be controlled by an administrative department and not by the military. If there is a necessity for military operations, the military should counsel with administrative departments beforehand. The MIAA is not an issue that we can resolve in the near future. The suggestions in this thesis are for practical amendments for the short-term. I suggest reduction of military installation areas, maintaining a fair MIAA committee, a duration of observance from the Military (if there is no notification within the duration. It will be considered as □agreed□) and legislation of new regulations on security rights to private property and compensation. Additionally, I suggest not to repeat the same regulations on the same facts, therefore; I recommend legislating a united law, Military Installation Protection Code The following is the content of the thesis; Ⅰ. Introduction Ⅱ. General theory of Military Installation Protection Act (MIPA) 1. MIPA related legal system 2. Development of MIPA 3. Legal meaning of Military Installation Adjacent Area (MIAA) 4. Designating MIAA and prohibitions Ⅲ. MIPA Conflicts 1. Statistics of Military installation area and complaints? 2. Conflicts within MIPA application 3. Is MIAA concept in MIPA against Constitution? 4. Analysis: Constitutional Trial Committee against Constitution; Judgment on development restrict area in the old City Development Act. Ⅳ. Amendment of MIPA 1. Access Method theory of MIPA 2. Amendment of MIPA (1) Reduction of MIAA (2) Fair MIAC (3) Observance of Duration (Military) (4) Legislation of Rights to Private Property and its Compensation Ⅴ. Conclusion

목차

Ⅰ. 서설

Ⅱ. 군사시설보호법의 일반론

Ⅲ. 군사시설보호법의 문제점

Ⅳ. 군사시설보호법의 개정방향

Ⅴ. 결론

【참고문헌】

【Abstract】