2010, Vol.50, No.

The Legislation System on Land Use Planning of Korea

Bae Young-Kil | 2010, 50 | pp.1~22 | number of Cited : 10

The purpose of the Legislation System on Land Use Planning of Korea is to contribute to the sound development of the national land and the improvement of the national welfare by providing for fundamental matters concerning the formulation and implementation of plans for and policies on the national land. Recently, many legislation on national land planning has been made, espacially in 21st centuries. But in many cases, Legislation on national land planning in Korea has been enacted without elaborate interrelation between national plans and rules. Accordingly it is very hard to recognize the exact restrictions on the specific place in Korea, in spite of the owner of the land or the specialist on public land law to. Moreover recently, the government has enacted many special statutes to arrange the foundation for development of the province or to build a new administrative capital and so-called innovative cities. These newly enacted statutes have very different contexts from the existing positive lawsystems. Thus, these actions will make the conditions to be more difficult. In order to solve these problems mentioned above, this article will suggest some solutions mentioned below. First, concerning the area or district, where the regulation of land use is applied, it is needed to reduce regulations on the specific area or district. Meanwhile, for the long term, it is necessary to change the system of national land management from regulation on specific use-oriented to the planning-oriented system as in Europe countries. Secondly, a fundamental and integrate Act on the enforcement of development project is needed. And, it is recommendable that the number of many special laws on land should be reduced. Especially, Korea Constitutional Court declared disagreement with Constitutional law on The Urban Program Act, article 21 in 1998, and urged a proper legislation which fits the 20th century. Thus the special law according to the above decision was enacted in 2008, but this law should be integrated into the above fundamental law. Third, Groping for systematization of municipal law is recommendable. Because, in order to work out the complicate problems systematically, it is necessary to approach in larger and more integrated scale(method).

Das Rechtssystem der Raumordnung in der Bundesrepublik Deutschland

Im, Hyun | 2010, 50 | pp.23~42 | number of Cited : 8

The Study on Japan's Land Planning Laws

Jae Kwang Kim , 김경덕 | 2010, 50 | pp.43~68 | number of Cited : 0

Legal System and Issues for Land Use Planning and Control in U.S.

KIM, JEEYEOP | 2010, 50 | pp.69~93 | number of Cited : 9

A study on the use and control of Korea Land

lee jae sam | 2010, 50 | pp.93~124 | number of Cited : 7

First of all, according to Basic Land Law, it is desirable that land plan should start with comprehensive outline about overall land based upon basic and long-term development direction, followed by regional and sectorial plan. Also, it is desirable to set up city plan by purpose according to land plan and use law. Specifically, comprehensive land plan should include long-term policy direction such as land status, environment change, realignment of space structure and regional function direction, enhanced national competitiveness, improved nation's life, effective use and control of land resources and environment preservation and improvement for land development. Also, it is important to recognize ‘No plan, No development’. Therefore, 'First plan- Second development' mechanism should be established in terms of land use. Thus, from land plan to development, legitimity of land should be established. For the most effective and efficient land use, consistent land control measures should be set up and efficient land use should be enhanced and land use should be controled in order to give stability and justice in land use. In order to achieve ultimate goal of land use regulation effectively, transparent land regulation and convenient land use by the public are prerequisite. In other words, it is necessary to simplify and clarify land use regulation. For sustainable development and effective land use, land development should focus on ‘First plan and second development’ mechanism. It is also important to pursue the development, considering eco-friendly, equal development and competitive land environment. Due to strong publicity and sociality of land, in terms of exercising ownership, use and development of land based upon personal ownership guarantee, the public interest is greatly violated. In terms of plan, use and development of land, damages toward land owner and local residents continue, causing obstacles to effective land control. Thus, proactive care toward land owners whose ownership has been violated due to public regulation, is crucial for ownership guarantee and enhanced land competitiveness. Thus, legislators should institutionalize various remedies and rewards through deregulation of land, giving acceptance application, right to request purchase and financial reward.

A Review the Problem of investing the Private sectors with Eminent Domain on Residential Site Development Project

Jeong Kuk Won | 2010, 50 | pp.125~148 | number of Cited : 6

The alternative discussions on takings law in Korea

JEONG, HA MYOUNG | 2010, 50 | pp.149~170 | number of Cited : 14

국토관리에 대한 평가와 과제

Kim,Young-Sam , 정사언 | 2010, 50 | pp.171~190 | number of Cited : 1

A Legal Review on the Rejection Disposition against Alteration Request of Land Parcel Category - focused on the Gunsan Country Club -

Hyun-Joon Lee | 2010, 50 | pp.191~218 | number of Cited : 1

The examination of the law enforcement right of a local self government to manage a crisis.

WON JUNG KIM | 2010, 50 | pp.219~240 | number of Cited : 3

A Study on the Improvement of Enforcement Fine in the Present legislations

Lee, Dong-Chan | 2010, 50 | pp.241~271 | number of Cited : 7

A Study of Cultural Policy

Jang Kyo-Sik | 2010, 50 | pp.273~294 | number of Cited : 5

예방적 금지를 구하는 행정소송

Kim, Hyun Joon , Park, woong-kwang | 2010, 50 | pp.295~320 | number of Cited : 11

Legal Issues about Integrated Pollution Prevention and Control(IPPC)

KIM, MIN HO , 양은영 | 2010, 50 | pp.321~346 | number of Cited : 6

Integrated Pollution Prevention and Control(IPPC) has become an idealistic environmental prevention concept in developed countries and corresponds to the principal of Industrial Ecology. The concept of emission regulatory integration is a key factor for an integrated environmental management system. While most EU member countries have a cross-media regulatory system, Korea has a media-specific regulatory system which was discovered to have many environmental management problems. The European Union has adopted the Integrated Pollution Prevention and Control (IPPC) approach to control the pollution problem and has prepared the Best Available Technique Reference (BAT, BREFs) for each medias. The purpose of this study is to integrate the emission regulatory system by solving the difficulties through procedural, organizational, and substantial analysis of integration. After reviewing the permit process of each law in Korea and related regulations of foreign countries on this study, we can identify the need for a improvement of the environmental pollution permit system in the short and long term. In order to this, the following ways have performed; the first is to determine the target on the integrated emission regulatory system. The second is to design a regulatory system model. Lastly, on the basis of this research, a revised bill for an integrated emission regulatory system is suggested. And the substantial analysis of integration focused on BAT needs to complement itself in order to make the integrated emission regulatory system operate normally as an environmental management policy and regulation method. Most of all, in the existing laws which is providing the emission regulatory system has delegated exorbitant authority to local government. In the aspect of administrative organization, it is reasonable to exclude specific competency of mandate from central government to local government for maintaining the essential power of central government. And also the government needs to get the most out of working group. Therefore, the improvement of legal system and administrative organization is needed urgently.

Eine Betrachtung zur Polizeipflicht von Hoheitsträgern

Lee Sang-Hak | 2010, 50 | pp.347~370 | number of Cited : 1

The application and the limitation of the Principle of the Good Faith and Fair Dealing to a taxpayer

김영순 | 2010, 50 | pp.371~392 | number of Cited : 4

The problem of the personal exemption system in the Income Tax Act

Wansouk Kim | 2010, 50 | pp.393~414 | number of Cited : 8

Zum geschichtlichen Verlauf des Parlamentswahlsystems

Kim Do-Hyub | 2010, 50 | pp.415~436 | number of Cited : 5

Protection of Nation for Crime Victim -Focusing on the Crime Victim Protection Act 2010-

김창휘 | 2010, 50 | pp.437~472 | number of Cited : 8

Eine Studie über das Wahlsystem Deutschlands

Shin, Okju | 2010, 50 | pp.473~498 | number of Cited : 7

Disapproval of the State and Berne Convention - Focused on the controversies surrounding the protection of the works between North Korea and Japan(Tokyo District Court Dec.14,2007) -

KIM MINBAE | 2010, 50 | pp.499~526 | number of Cited : 5

North Korea joined the Berne Convention in January 2003. Japan has already joined the Berne Convention in 1975. However, Japan has not accepted North Korea as a nation under international law. And article 6 of the Copyright Law in Japan to protected works are as follows. Only those works falling under one of the following items shall receive protection under this Act:(i)works of Japanese nationals (Japanese nationals includes juridical persons established under the laws and regulations of Japan and those who have their principal offices in Japan; the same shall apply hereinafter); (ⅱ)works first published in this country, including those first published outside this country and thereafter published within this country within thirty days from the date from their first publication;(ⅲ)works in addition to those listed in the preceding two items, with respect to which Japan has the obligation to grant protection under an international treaty. Based on the above provisions, the North Korea claim that the works are available for this event. Article 6 by the copyright laws of Japan, Japan said that works are duty of care to protected works. North Korea argues that the works protection have universal value. North Korea argues that copyright protection set by the Berne Convention Article 3(1)(a),the conditions of concerning the rights and obligations for the international community. In other words, Article 3 of the Berne Convention claim to compliance, Criteria of Eligibility for Protection:(1)The protection of this Convention shall apply to: (a)authors who are nationals of one of the countries of the Union, for their works, whether published or not. Highlights of this case are as follows. First, Is the plaintiff eligible parties? Second, Is Japan protected by copyright law? In this paper, the problem of eligible parties (the plaintiffs) were examined. And Japan is obligated to protect the copyright or have not been reviewed for. In conclusion, the Tokyo District Court had dismissed to the plaintiff (North Korea) claims.

KJCKorea
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Public Land Law Review 2023 KCI Impact Factor : 1.14

2010, Vol.50, No.