개발제한구역제도와 재산권침해

• 영문명: Restricted Development Areas and the Violation of Property Right
• 발행기관: 한국부동산학회
• 저자명: 김지현(Kim, Ji Hyun)
• 간행물 정보: 『부동산학보』不動産學報 第44輯, 17~30쪽, 전체 14쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2011.02.28

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES The objective of this study is to explore whether Restricted Development Zones (so-called Greenbelt, hereafter RDZ) have infringed on property rights and what controversial arguments regarding compensations of property loss in RDZ have been drawn. (2) RESEARCH METHOD The main research method for this study was a documentary review and legislation analysis. I have first investigated the relationship between land use controls including RDZ and the restrictions on property right. In terms of the constitutional requirements on property rights, I have analyzed the how RDZ regulations have violated property right. (3) RESEARCH FINDINGS The results show that RDZ regulations have infringed on property rights. First, Korea’s government have removed massive RDZ in accordance with the modified criteria of the RDZ However, most landowners could not accept this new criteria resulting in frequent illegal acts and incompliant behavior. Second, the RDZ Act has designated the community zone based on the number of houses(10-20) in order to support households in RDZ, which might bring about inequity. Third, the compensations have been only made under the strict conditions that land should be used for agricultural purpose, which turns out to be feasibly useless to increase residents’ income causing their discontent. When it comes to purchasing request system as an alternative for compensations, landowners have found that it is very difficult to satisfy legal requisites to sell their land. 2. RESULTS This study finds that there exist problems of RDZ regulations in terms of constitutional requirements on property rights. In order to solve these problems, the government should comply with due process and just compensation whenever it places a restriction on the property right, In more detail, I suggest that the government should listen up residents’ opinions before setting the criteria of RDZ’s rearrangement and compensating for property losses. In addition, compensation should be focused on raising residents’ income rather than improving physical environment. The target and methods of compensation should be selected more reasonably and cautiously.

목차

ABSTRACT

Ⅰ. 서론

Ⅱ. 토지이용규제와 재산권제한

Ⅲ. 개발제한구역제도로 인한 재산권침해 논란

Ⅳ. 제언과 결론

參考文獻

키워드

Restricted Development Zone(RDZ) land use control rearrangement of RDZ violation of property right just compensation due process 개발제한구역 토지이용규제 구역조정 재산권침해 정당한 보상 공정한 절차