토지이용규제 수단에 관한 연구

Abstract

The Framework Act on the Regulation of Land Use (hereinafter referred to as the “Land Use Regulation Act”) was enacted on December 7, 2005, which stipulates basic matters concerning the designation and management of areas and districts related to land use. Prior to the enactment of the Land Use Regulation Act, the Urban Planning Act enacted in 1962 introduced a use area and use area system for land use regulation. The National Land Use Management Act enacted on December 30, 1972 stipulated the preparation and determination of a land use plan according to the comprehensive national land construction system and its implementation. The National Land Use Management Act was abolished from January 1, 2003 when the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) was enacted. Although there has been a change in the law on land use regulation, there has been no change in land use regulation through the designation of regions, districts, etc. In the attached Table of Article 5 of the Land Use Regulation Act, 243 are listed in 100 laws. Article 5 of the Land Use Regulation Act includes the following subparagraphs (i.e., areas, districts, etc. prescribed by Presidential Decree under the delegation of other laws, areas, districts, etc. under the Prime Minister's decree, ordinances, and municipal ordinances). It stipulates that it cannot be done. The Land Use Regulation Act stipulates restrictions on activities in business districts and restrictions on activities in regions and districts determined by urban and county management plans.
 According to the Framework Act on Land Use Regulation and the National Land Planning Act, restrictions on activities in use areas and districts impose a duty of action or omission to limit development activities or obtain approval or permission related to land use. Such restrictions on behavior correspond to academic restrictions on common use. There is a problem of compensation for property rights violations caused by public restrictions, but the Constitutional Court's Green Belt decision takes the separation theory taken by the German Constitutional Court and says that if there are no compensation provisions in individual laws, it cannot be compensated.
 This paper aims to examine the types of use areas and use districts, focusing on the basic law on the designation of use areas and use districts, one of the means of land use regulation, and to review the deliberation procedures for the establishment and designation of areas and districts. In addition, we would like to outline the details of restrictions on behavior in business districts, review the theory's position on whether to compensate for losses raised in connection with such restrictions, and present judicial issues while reviewing the position of the theory on the legal nature of development permission to legalize development activities.