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A Study on the Improvement Solutions of Greenbelt Policy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 41(), pp.85-101
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Sang-Kyum 1

1동국대학교

Accredited

ABSTRACT

Greenbelt policy started in 1971, as needs to regulate and manage excessive city expansion rose. Green area was fostered to block city expansions. Greenbelt policy has faced both positive and negative criticism since its introduction. This policy made a great contribution in preventing chaotic expansion of metropolitan area, in restricting real estate speculation and in providing greens to the citizens. However, small cities in and adjacent to the greenbelt area had to go through unwanted inconvenience because of the excessive restriction on land usage and development. Especially the residents within the area were compelled to sacrifice the exercise of their property rights. People's higher awareness of their rights with the advent of democratization and regionalization has called for a rational solution to the existing stiff greenbelt policy. As a result, a large-scale greenbelt policy reform was decided in 1999. The Constitutional court declared disagreement with Consitutional law on Urban program act article 21 in 1998 and urged a proper legislation which fits the 21th century. Afterwards, greenbelt policy was modified several times. Unlike the original purpose, the focus of the policy reform was to decide the region that would be excluded from greenbelt area. Greenbelt issues from now on must focus on the resolutions to prevent indiscreet cancellation of greenbelt area and to solve the negative side effects coming from the alleviated restriction. Moreover, what important is, is to make stakeholders participate in reaching a solution, thus enabling proper usages of greenbelt which can last to the future generation. In order to accomplish these purposes, government should develop related legislations. Violation of property rights due to random greenbelt area designation should be compensated. However, it is important that indiscreet greenbelt cancellation should not be linked to the violation of environmental rights. A long run solution to guarantee both property rights and environmental rights is in need. To establish such a solution, promoting people's awareness and understanding of this issue by rational policy making is important.

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