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The possibility for Relief of rights from designation of green belt

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 71(), pp.63-82
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong Hoe Gun 1

1남서울대학교

Accredited

ABSTRACT

A law for green belt is national land planning and utilization act and act on special measures for designation and management of green belt. These acts are to prescribe necessary matters to designate and cancel the green belt, to restrict activities performed in green belt, to provide support to residents in development restriction zones, to purchase land, and to efficiently manage green belt. There are the controversy that it is whether the act to designate the green belt has disposal characteristics, that it is whether the act to designate the green belt has general abstract canonicity for the inhabitants in the zone, as a green belt is one kind of the urban․Gun management planning. If consider it at the side of the administrative legislation, there is a problem to cannot lay formal complaint against that on an existing law. And there is a problem whether shall take it as the disposal of what kind of form, even if consider it by disposal. Therefore, it will have to be taken as disposal so that it receives relief by administrative litigation in a current system. Development is prohibited in principle in the zone, if appointed in a green belt, but the exceptional development is accepted only as permission or a declaration. When a development restrictions zone does not come true in the designated standard of the development restriction zone, this can be adjusted and can be canceled. Such a designation act and the cancellation act of designation bring effects to remove a limit or to limit the property right of the nation. Therefore, administrative litigation can be stated at this time. However, it is difficult to receive relief by administrative litigation even if the property right event of the nation is subject to a limit by designation and the cancellation of the development restriction zone because an application right for adjustment and the cancellation is not prescribed on an existing law for the inhabitants in the green belt. In addition, it is difficult to solve the damage of the property, because there is no the compensation for their loss. Generally, the acts of green belt not to protect personal profit, are aimed only for protection of the public benefit, and standing to sue is not accepted. However, if the property right of the nation is limited by the designation of the development restriction zone and cancellation and special sacrifice depends on a property right, can be state cancellation suit to cancel designation through administrative litigation to the landowner of the development restriction zone, and the right that can be proposed cancellation must be recognized. In addition, what kind of remedy will have to be derived to be able to receive loss compensation.

Citation status

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