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Evaluation of legislation for land-related laws - The preliminary plan for legislative evaluation to ensure the rationality of land-related laws -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 52(), pp.93-114
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

차현숙 1

1한국법제연구원

Accredited

ABSTRACT

According to the changing times, the legal issues related to land, the grounds of human life and major economic foundations, have varied, and subsequent legal rules have been changed in various ways. Because land has become the object of private ownership and at the same time the public goods as a finite resource, legal rules related to land have been various. Land-related laws, such as Framework Act on the National Land, National Land Planning and Utilization Act, and etc., prescribe regulations for balanced use and development, and the forms of regulations are different, depending on the type and use of land. The law which makes provision for land is appearing in many types, such as regulations on land ownership restrictions, regulations on development and maintenance of national land, land use planning-related regulations, land development-related regulations, land conservation-related regulations, restitution of development gains-related regulations, and etc. Legislation related to land which regulates land use activities by about 116 Acts, classifying the zoning and the lack of consistency of restrictions, appears constraining the lives of people and scientific policy making is difficult because of the lack of land-related information collection and management, and statutory administrative issues are appearing. Therefore, it needs the comprehensive and systematic reviewing and analyzing legislation related to land, and this review and analysis using legislation evaluation, recently introduced and actively engaged in discussions, seem to be done. However, considering the wide and diversity of land-related laws, maintenance of land-related laws will be possible with experts in the field of individual laws evaluating legislation. Hereafter, it needs constant attention in terms of “Korea Public Land Law Association”.

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