토지이용규제 관리강화를 위한 입법적 검토

Abstract

Land is a representative property right guaranteed by the Constitution as well as its ownership is understood as a basic right supporting human life. Land is one of the limited natural resources and base of human survival such as water and air and its external effectiveness is quiet big. In addition, due to its original characteristics such as locational immobility, fixed enlargement, permanency and use diversity the value of the land is changed according to its uses and its usage. Therefore, although the individual land ownership is allowed by the society it should use properly in terms of following its public characteristics. For this reason land use regulation which limit the individual land ownership should have an obvious reason for justifying such a regulation. Considering these circumstances, it is an acceptable assumption that the current land use regulation has an obvious reason for regulating land uses. Thus, even though it take quiet some time to use the land because of the overlapped land use regulations we need to have a clear understanding about the reason of the implementation of the overlapped land use regulations to minimize unwanted problems generated from the overlapped land use regulations. From these perspetives we propose that the current efforts to solve the problems generated from the overlapped land use regulations need to restart to make it clear what is the public interest from implementation of the the land use regulations.