불법훼손 산지 원상회복 법제의 적용상 문제점과 개선방안 연구 - 행정심판 사례와 법령해석 중심 -

Abstract

If 20 years have passed since a cemetery was illegally installed on another person's land, any act of damaging the mountain site by illegally remodeling or expanding the cemetery where the 'right to lay a grave', a private right under customary law, is established, becomes an 'illegal act' and requires restoration. occurs. In some cases, there is an obligation to move the graveyard according to funeral laws. However, 'illegal offenders, etc.' under the 「Mountain Management Act」 and the 「Development Restricted Areas Act」 includes not only illegal offenders but also mountain area owners, so if there is no immediate and active action against illegal offenders, there will be no practical effect in restoring damaged mountain areas to their original state. will be lowered. Forests are composed of mountainous areas and forests, and as a national asset, they are closely related not only to public value but also to individual property rights. The state and local governments are implementing mountain policies and forestry policies to harmonize public and private interests. It is also true that mountainous land is necessary not only for use as a cultural and recreational resource, but also for the establishment and management of cemeteries. In particular, we would like to review the problems in interpretation and implementation of relevant laws necessary for restoration of damage to mountainous areas in relation to gravesite rights, which are private property rights, and propose ways to improve the efficiency of law enforcement in order to realize policies to protect mountainous areas and forests.