개발제한구역 규제 개선방안의 법적 검토

Abstract

Greenbelt policy started as needs to regulate and manage excessive city expansion rose. Greenbelt have not been newly designated in the past 50 years and have been released according to occasional needs. It was lifted to secure land, mainly to supply housing. There are several legal issues with the supply of housing using greenbelts as well as The Bogeumjari Housing. First, A large part of the Bogeumjari Housing Project is the supply of pre-sale housing. There is a fundamental problem in the public interest of the project in that it is a policy to promote housing stability for the low-income class by releasing a considerable amount of greenbelt. Second, although the release of the greenbelt is an important matter for the people's property rights and the balanced development and preservation of national land, there is a problem that the legal basis for the cancellation of the greenbelt for housing supply is not clear. Lastly, although the legal basis for the restoration of the greenbelt has been established, the question of the legitimacy of the restoration still remains. Although the release of greenbelts with low conservation value and supplying them to public housing areas can be seen as a weakening of public necessity at the time of designation of Bogeumjari housing districts, it is a logical contradiction that it is restored to a greenbelt due to the deterioration of the real estate market. The importance of preserving the greenbelt is further revealed in that the expansion of environmental capacity is important for urban growth management. In a situation where the concept of ‘sustainable development’ has emerged as an important issue in national land policy, it is necessary to develop and manage the greenbelt in a balanced manner under national consensus and mid- to long-term plans.