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Improvement Measures of the Act on Public Land Reservation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 89(), pp.61-80
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 30, 2020
  • Accepted : February 21, 2020
  • Published : February 25, 2020

Lee,Heon-Seok 1

1서원대학교

Accredited

ABSTRACT

The land problem is not likely to be solved easily despite of government's many-sided efforts. The need for reserving land by the public sector directly intervening in land market was continuously raised under understanding that existing regulation-focused measures have limits. The result of raising the issue was the introduction of 「Act on Public Land Reservation」 (Law No 9439, Enacted 2009). However, the effect of Public Land Reservation Act is insufficient. Thus, what the reason is for being operated for different analysis. Problems may be due to the legal system, and Korea Land & Housing Corporation's internal operating conditions. This study's aims at the establish new direction by reviewing structures of general theory of the land baking systems and current Public Land Reservation Act from comprehensive angles to improve effectiveness of the land banking system, and suggested theory of legislative divided into legal aspect. The land banking system can augment housing stability and can strengthen industrial comparativeness by supplying housing and industrial land at a reasonable price. Land banking also makes it possible to control the land supply for public projects at the national level, but can also control land prices and prevent reckless speculation. Land banking is a very useful and direct land policy that can contribute to the smooth activation of public projects and prevent the development returns from becoming private. It is too early to asses the effects of land reservation system since the system is only just been introduced but the system can be regarded as significantly meaningful changes in policy for solving chronic land problems. There is always possibility that the land reservation system may not perform its role be cause of various problems mentioned from the above despite expectations on the land reservation system. It is believed that the establishment of identity of land reservation system by the establishment of relationship with close system and stable operation of system through legislative controls are the conditions necessary for long-term table operation of the land reservation system to contribute in solving the problems of land.

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