개발제한구역 내 토지보상에 관한 연구: 사유재산권 침해 보상방안을 중심으로

Abstract

This study examines the loss compensation for land property rights in the restricted zone and proposes a compensation plan. The purpose of the restricted zone system is to prevent the city's indiscriminate expansion and promote balanced development of the city through environmental protection and rational management. It was controversial, however, because it violated private property rights on land within the restricted zone. In 1988, the Constitutional Court's decision was made. And discussions of improvement on this system have begun. Difficulties in financially estimating infringement of land property rights in restricted areas. The government's budget for implementing the land purchase system is insufficient. Subsidy payments are not just rewards but just welfare levels. Currently, compensation for loss of land property due to the restricted zone system is not justified. Therefore, this study proposes a plan to compensate for the loss of land property within the restricted development zone. First, conduct a basic survey to measure the amount of loss financially; second, specify details of the claim for land purchase in the National Land Planning Act; Fourth, the improvement of the quality of life of local residents through the introduction of issuance, transfer of development rights, and the strengthening of welfare policies in the district. Proper compensation for land property rights in restricted areas and the original purpose of the system of balanced development of land and protection of environment should be achieved. To this end, the government needs to conduct a basic investigation for the provision of compensation rules, legislation on regulations, and the implementation of welfare policies.