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Study on Roadway Maintenance Laws

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 56(), pp.153-174
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Woo-Suk Chae 1

1숭실대학교

Accredited

ABSTRACT

Roadways are typically regarded as one of the representative public property and the laws on public property within the traditional administrative law has been the basis of its legal principals. The laws on public property, especially in Korean administrative law jurisprudence, has been studied as one of the itemized discussions within the administrative laws due to the influence of German and Japanese laws and the studies are focused to public property's establishment, extinguishment, limitation, management and it's use. However the legal characteristic of roadways has been changing with the periodical change. If the studies and discussions within the traditional laws were focused on the maintenance of roadways, one need to raise the legal principal which can, including the maintenance, provide the basis of roadways as public goods that are provided to the public for more efficient and comfortable use herefrom. Furthermore, the legal principals regarding roadways should be formed in connection to the environmental issues which is the biggest issue in modern society on the basis of national land use and development.

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