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Problems and Improvement Plan on permission standard for conversion from a mountainous district

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 84(), pp.21-38
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2018
  • Accepted : November 22, 2018

Jung, Kyung-Mo 1,  Jeong Hoe Gun 1

1남서울대학교

Accredited

ABSTRACT

The purpose of this study is to investigate the permitting system for conversion of mountainous district, which is stipulated in the "Mountainous district Management Act". The mountain district refers to land that is forest land, the land where the trees are collectively growing, the land where the land is temporarily lost, and the land which is used for collective growth of trees. In order to promote economic development, such mountainous district may be developed in mountainous district. A person who intends to use the mountainous district for the purpose of development of the mountainous district may use the mountainous district with the permission of the Minister of Forestry, etc. according to the type and conversion of ​​the mountainous district specified by the Mountain Regulations. However, the regulations on the permission for exclusive use of mountainous district are uniform and uniform, and it is very difficult to adapt them to various mountain forms. In addition, the permission standards for conversion of mountainous district are variously regulated by the regulations of local autonomous bodies, so that permission for exclusive use of mountainous district is not uniform and indiscernible, which raises the issue of equity for each region, which causes civil complaints. On the other hand, since licensing standards for mountainous district are prescribed by the ordinances of local governments, it is often the case that permission for permission is applied in accordance with the permission standards of the ordinance. This is a concern. In future, global warming and heat waves will continue to fly and the frequency of landslides will increase due to localized heavy rain. Therefore, the role of mountain regions is very important to prevent such natural disasters. Conservation of mountainous district is very important because the development of mountain district or natural disasters will have a great impact on our economy. In order to solve these problems, it is necessary to establish reasonable and unified licensing criteria for mountainous district that can be applied to various kinds of mountainous district of Korea and characteristics of each region, to prevent the development of mountainous regions and to contribute to the national economy by preserving the mountainous district something to do. Therefore, in this paper, the problem of the mountain clearance permit standard prescribed in the "Mountainous district Management Act" was derived and the improvement direction was studied.

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