@article{ART001426307},
author={Youngzo Kim},
title={Land Use Regulation and Religious Freedom in the U.S.},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={48},
pages={203-228}
TY - JOUR
AU - Youngzo Kim
TI - Land Use Regulation and Religious Freedom in the U.S.
JO - Public Land Law Review
PY - 2010
VL - 48
IS - null
PB - Korean Public Land Law Association
SP - 203
EP - 228
SN - 1226-251X
AB - Freedom of religion, along with freedom of expression, is at the core of spiritual freedom. Religious freedom includes freedom of belief and freedom of religious exercise, and the latter requires a certain space and thus inevitably involves land use. Therefore, The land use regulation against religious groups could lead to the infringement on freedom of religious exercise. In the United States, cases abound where religious groups file a lawsuit for the violation of religious freedom caused by the land use regulation. As the standard to decide whether the land use regulation violates freedom of religion, the Supreme Court of the United States adopted the existing strict scrutiny test, but renounced the standard in the 1990s.
Due to the consequential concern that the decision could greatly limit freedom of religious exercise, the Congress enacted the Religious Land Use and Institutionalized Persons Act in 2000. The Act is divided into two sections: the provision on the land use regulation and the provision on institutionalized persons. The core contents of the Act stipulate that in order for the government to impose a substantial burden on a person's religious exercise, it should meet the requirements that such burden is necessary for the compelling governmental interest and that the burden should prove to be the least restrictive means. Amid a great deal of controversy over the constitutionality of the Act, the Supreme Court ruled that the provision on institutionalized persons is constitutional, but has yet to decide whether the provision on land use regulation is constitutional.
Despite a lot of controversy on the interpretation and application of the Act, It is considered that the Act can contribute to protecting freedom of religious exercise, especially protecting religious minorities. In Korea, however, few lawsuits has been filed for the violation of religious freedom caused by the land use regulation.
In the light of the experience of the United States, Korea also needs to have more concern on the land use regulation against religious groups. In this respect, the Constitutional Court's recent decision leaves something to be desired in that it constitutionalized the law prohibiting the establishment of any enshrinment facility in the catholic churches near schools.
KW - 토지이용규제(land use regulation);종교의 자유(religious freedom);국교설립금지조항(Establishment Clause);종교행사자유조항(Free Exercise Clause);‘종교적 토지이용 및 피수용자법’(Religious Land Use and Institutionalized Persons Act)
DO -
UR -
ER -
Youngzo Kim. (2010). Land Use Regulation and Religious Freedom in the U.S.. Public Land Law Review, 48, 203-228.
Youngzo Kim. 2010, "Land Use Regulation and Religious Freedom in the U.S.", Public Land Law Review, vol.48, pp.203-228.
Youngzo Kim "Land Use Regulation and Religious Freedom in the U.S." Public Land Law Review 48 pp.203-228 (2010) : 203.
Youngzo Kim. Land Use Regulation and Religious Freedom in the U.S.. 2010; 48 203-228.
Youngzo Kim. "Land Use Regulation and Religious Freedom in the U.S." Public Land Law Review 48(2010) : 203-228.
Youngzo Kim. Land Use Regulation and Religious Freedom in the U.S.. Public Land Law Review, 48, 203-228.
Youngzo Kim. Land Use Regulation and Religious Freedom in the U.S.. Public Land Law Review. 2010; 48 203-228.
Youngzo Kim. Land Use Regulation and Religious Freedom in the U.S.. 2010; 48 203-228.
Youngzo Kim. "Land Use Regulation and Religious Freedom in the U.S." Public Land Law Review 48(2010) : 203-228.
