@article{ART001476558},
author={Bae Young-Kil},
title={The Legislation System on Land Use Planning of Korea},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={50},
pages={1-22}
TY - JOUR
AU - Bae Young-Kil
TI - The Legislation System on Land Use Planning of Korea
JO - Public Land Law Review
PY - 2010
VL - 50
IS - null
PB - Korean Public Land Law Association
SP - 1
EP - 22
SN - 1226-251X
AB - 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).
KW - 국토계획(National Land Planning);토지이용계획(Land use Planning of Korea.);국토기본법(The Urban Program Act);국토계획법(A fundamental and integrate Land Use Act);도시법(학)(Municipal law)
DO -
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ER -
Bae Young-Kil. (2010). The Legislation System on Land Use Planning of Korea. Public Land Law Review, 50, 1-22.
Bae Young-Kil. 2010, "The Legislation System on Land Use Planning of Korea", Public Land Law Review, vol.50, pp.1-22.
Bae Young-Kil "The Legislation System on Land Use Planning of Korea" Public Land Law Review 50 pp.1-22 (2010) : 1.
Bae Young-Kil. The Legislation System on Land Use Planning of Korea. 2010; 50 1-22.
Bae Young-Kil. "The Legislation System on Land Use Planning of Korea" Public Land Law Review 50(2010) : 1-22.
Bae Young-Kil. The Legislation System on Land Use Planning of Korea. Public Land Law Review, 50, 1-22.
Bae Young-Kil. The Legislation System on Land Use Planning of Korea. Public Land Law Review. 2010; 50 1-22.
Bae Young-Kil. The Legislation System on Land Use Planning of Korea. 2010; 50 1-22.
Bae Young-Kil. "The Legislation System on Land Use Planning of Korea" Public Land Law Review 50(2010) : 1-22.