지하공간 활용을 위한 국토관리법제 구축방안

Abstract

The main legal issues of the underground space utilization are the effectiveness range of the land ownership, the indemnification of the utilization of the underground space, and the procedure of the expropriation of the land for the underground space, etc. The effectiveness range of the land ownership and the indemnification issue are linked closely as the indemnification issue for a private person is not occurred for the underground space where the effectiveness of the land ownership does not reach. Furthermore, as the land expropriation is subject to the fact that the ownership of a private person is acknowledged, this issue is related to the effectiveness range of the land ownership, too. Considering the intent of legislation for Civil Act of the Republic of Korea which stipulates that the effectiveness of the land ownership reaches within the range where the rightful benefit exists, the effectiveness range of the land ownership is restrictively construed. However, even if the rightful benefit is not recognized for the underground space where the use act of a private person is hard to be done, the prudent access is necessary for the legislation which restricts the entire land ownership of a private person uniformly. The current legislation for the underground space does not seem to have systematicity and rationale in that the laws related with the utilization of the underground have been enacted individually as per the main agent of development or the ministry and office concerned. Therefore, the unified plan and legislation that embraces the ground and underground is needed to prevent thoughtless development and make the national territory into sustainable basis of life. Accordingly, by preparing for the method defining the contents regarding the utilization of the underground space as the National Land Planning And Utilization Act and the provision of evidence on the utilization of the underground space in National Land Planning And Utilization Act, one of the methods such as the Act on the Special Measures in Japan, the method of legalization, can be considered in the aspect of its specific contents. In the case of the formal, establishing the systematic and unified land management system on the basis of the pre-planning and post-development principle is meaningful, and if any legislation on the use of separate underground spaces is required in the regulatory system of the National Land Planning And Utilization Act is necessary, the latter method is also available.