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The Improvement Direction of Compensation System by Restrictions for Public Use

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 85(), pp.93-121
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2019
  • Accepted : February 15, 2019

kyungkyu seo 1

1대구가톨릭대학교

Accredited

ABSTRACT

Although there are many laws with restrictions for public use, there are few compensation rules about them or insufficient. In order to solve the problems of long term unexecuted urban or gun planning facility parks, it has been increasingly designated as urban natural park zones. Therefore, it is urgent to compare and analyze urban or gun planning facilities parks, urban natural park zones, and natural parks, which are similar systems for managing parks in the form of restrictions for public use. The purpose of this study is to analyze the problems of the compensation system on restrictions for public use and to suggest improvement plans. The results of the study are summarized as follows. First, to improve equity between similar systems, it is needed to reform the invalidation system, to improve the system of purchase request, to generalize of tax reduction, and to treat in the same way on limitation of the public law in compensation appraisal. Second, to protect rights, reflecting the characteristics of restrictions for public use, it is needed to regulate a general law on the compensation of the restrictions for public use and to review the compensation system for each type of restrictions for public use. Third, to strengthen the protection of right, it is needed to adopt the depreciated compensation system and to be accepted the compensation request actively by the court.

Citation status

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