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A study on the use and control of Korea Land

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 50(), pp.93-124
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

lee jae sam 1

1경원대학교

Accredited

ABSTRACT

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.

Citation status

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