도시공원에 관한 법제적 고찰

Abstract

Modern urban parks are very helpful for the leisure, rest break, health care of urban dwellers. And they are also useful to the conservation of nature and scenery, historical resources and the experience learning activities of urban dwellers. And the level of the quantity and quality of urban parks has become the important indicator of the international competitiveness among modern cities. Nevertheless, the area of urban parks per head in Korea is very small compared with the advanced countries. By the way, we needs much private lands to create urban parks as public goods. And there can be diverse regulations of property rights on land of urban park. We should keep a balance between the public benefits of urban parks and the limitation to private property rights. The problems of long delayed urban planning facilities, especially urban park are very complicated in the point of legal view. Especially, Korean government revised the Urban Park Act in 2005 to introduce the legal system of 'Urban natural park zone' instead of the abolished (long delayed) urban natural parks. However, I think that the revision of law can cause the some legal problems of the violation of the constitutional principle such as principle of trust protection. Therefore, I made some proposals of the rational legal systems such as urban park fund, contract for usage of urban park land, national urban park etc.