@article{ART002347917},
author={Kwon, Yeong-Woo and Hong， Sung-Jin},
title={A study on mediative compensation for the urban park determined by urban or Gun management plans},
journal={Public Land Law Review},
issn={1226-251X},
year={2018},
volume={82},
pages={41-65}
TY - JOUR
AU - Kwon, Yeong-Woo
AU - Hong， Sung-Jin
TI - A study on mediative compensation for the urban park determined by urban or Gun management plans
JO - Public Land Law Review
PY - 2018
VL - 82
IS - null
PB - Korean Public Land Law Association
SP - 41
EP - 65
SN - 1226-251X
AB - The urban park are built or designated to contribute to protecting urban natural scenery and improving health, recreation, and aesthetic sentiments of citizens in urban areas; determined by urban or Gun management plans of urban park facilities and urban natural park areas.
If the land can not be use for a conventional purpose or the possibillity of private use is impossible according to urban park determined by urban or Gun management plans, it should be regarded as exceeding the social limit. however, determination of urban park is authority of local government, and considering the poor financial status of local governments, it is impossible to build the urban park facilities which occupy the widest area among the urban or Gun planning facilities. Also, considering the urban functions, it would be difficult to simply release of the Gun planning facilities. To solve this dilemma, the government and the National Assembly have introduced a new urban natural park areas system.
「Act on urban parks, green areas, etc」 has the problems of the principle of protection of legitimate expectation in the implementation or invalidation, the principle of proportionality in claims for land purchase to introduce as a mitigation measure according to the designation of urban natural park areas, the principle of system legitimacy in purchase of lands through consultation.
Therefore, in order to determin urban parks, it is necessary to introduce mediative compensations such as the restraint of designation of urban natural park areas, alleviate claims for land purchase, resident support projects, tax cut, etc. and improve purchase of lands through consultation.
KW - public concept of land;urban park determined by urban or Gun management plans;urban park facilities;urban natural park areas;the principle of protection of legitimate expectation;the principle of proportionality;the principle of system legitimacy;mediative compensation
DO -
UR -
ER -
Kwon, Yeong-Woo and Hong， Sung-Jin. (2018). A study on mediative compensation for the urban park determined by urban or Gun management plans. Public Land Law Review, 82, 41-65.
Kwon, Yeong-Woo and Hong， Sung-Jin. 2018, "A study on mediative compensation for the urban park determined by urban or Gun management plans", Public Land Law Review, vol.82, pp.41-65.
Kwon, Yeong-Woo, Hong， Sung-Jin "A study on mediative compensation for the urban park determined by urban or Gun management plans" Public Land Law Review 82 pp.41-65 (2018) : 41.
Kwon, Yeong-Woo, Hong， Sung-Jin. A study on mediative compensation for the urban park determined by urban or Gun management plans. 2018; 82 41-65.
Kwon, Yeong-Woo and Hong， Sung-Jin. "A study on mediative compensation for the urban park determined by urban or Gun management plans" Public Land Law Review 82(2018) : 41-65.
Kwon, Yeong-Woo; Hong， Sung-Jin. A study on mediative compensation for the urban park determined by urban or Gun management plans. Public Land Law Review, 82, 41-65.
Kwon, Yeong-Woo; Hong， Sung-Jin. A study on mediative compensation for the urban park determined by urban or Gun management plans. Public Land Law Review. 2018; 82 41-65.
Kwon, Yeong-Woo, Hong， Sung-Jin. A study on mediative compensation for the urban park determined by urban or Gun management plans. 2018; 82 41-65.
Kwon, Yeong-Woo and Hong， Sung-Jin. "A study on mediative compensation for the urban park determined by urban or Gun management plans" Public Land Law Review 82(2018) : 41-65.
