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A Legal Study on the Cultural Heritage Protection Zones and Historic and Cultural Environment Preservation Areas

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.175-195
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Woo-Suk Chae 1

1숭실대학교

Accredited

ABSTRACT

The legislative purpose of designating cultural heritage protection zones and historic and cultural environment preservation areas is to prevent any damage to cultural property or loss of cultural value due to indiscreet development activities. Within these zones and areas, the related administrative agency may exercise administrative power to protect cultural property as various administrative acts. The administrative agency may impose public restriction on the property right through the permission system and notification system for the change of the land status. The administrative agency may impose public restriction on the property right through the permission system and notification system for the change of the land status. The administrative office may also exercise the right of reception or use of the land in such zones and areas. In addition, the administrative office can exercise various administrative measures or administrative orders in a wide range. The designation system for zones and areas can be a regulatory administrative act that restricts individual property rights. Therefore, the designation of zones and areas should be exercised properly. It is also necessary to clarify the procedural requirements, since this designation corresponds to the discretionary act to compare the benefits gained by development with the benefits gained by protecting cultural properties.

Citation status

* References for papers published after 2022 are currently being built.