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A Study on the National Land Planning Acts

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 52(), pp.23-70
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim,Hee-Gon 1

1우석대학교

Accredited

ABSTRACT

Korean Constitution provides, the property right of all citizens shall be guaranteed and the exercise of it shall conform to the public welfare(Article 23). It provides, the economic order of the Republic of Korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs(Article 119 Clause 1). The State may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents(Article 119 Clause 2). National Land is considered as a source of all products that are necessary for all citizens of a nation in the present and future. It have several special characteristics, for example unproductivity, irreplaceability, immobility, indestructibility, heterogenity, connectivity, modification etc. But it may be said that appearance of national scaled land planning had been made at (the beginning of) 20 century in order to develop and use limited national land in an effective, systematic method. Korean Constitution provides, the land and natural resources shall be protected by the State, and the State shall establish a plan necessary for their balanced development and utilization(Article 120 Clause 2). Therefore, the State has established many acts about National Land Planning and Development. Especially, National Land Planning and Development Acts has been improved markedly at the beginning of 2000. For example, Framework Act on the National Land(2002), National Land Planning and Utilization Act(2002), Framework Act on the Regulation of Land Use(2005) etc. But our present Acts about National Land Planning and Development have several problems inspite of a few estimatable points. For example, problems in legal system, plan system and system management etc. This paper is focused as follows :Ⅰ. Introduction Ⅱ. Constitutional basis and history of National Land Planning and Development Acts Ⅲ. System and contents of National Land Planning and Development Acts Ⅳ. Review of National Land Planning and Development Acts Ⅴ. Conclusion

Citation status

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