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A study on Characteristics of Landscape Benefits on the landscape act in japan

  • DONG-A LAW REVIEW
  • 2017, (75), pp.237-260
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : April 15, 2017
  • Accepted : May 24, 2017
  • Published : May 31, 2017

WOOJOO BYUN 1

1동아대학교

Accredited

ABSTRACT

In Korea, the Landscape Act was enacted and enforced in 2007, in order to systematically manage and preserve the landscape. And this Act is also a result of the high social interest reflected in the introduction of economic growth and the introduction of local autonomy. However, the legal action to ensure the benefits of landscape should be realized in relation to the rights of the landscape. Landscape Benefits has the characteristics of being forced to change or limit depending on the circumstances surrounding the surroundings. Because these traits of landscape are characteristic of them, It is generally impossible to control the complete control of Landscape Benefits. In relation to this, If the extent of the infringement of the Landscape Benefits is realized, it is problematic to prevent infringement of the act and the remedies. On the other hand, in case of Japan, the Landscape Benefits are separated from the perspective of the view. In particular, the court recognized the Landscape benefits as a benefits and protections of laws and recognized the characteristics as individual profits. Thus, in reviewing the remedy for the Landscape benefits, the understanding of the legal character and discussions about the Landscape benefits in Japan could give us a lot of context in our legislation.

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