개발제한구역제도와 사유재산권 보장에 관한 연구


A Study on Greenbelt and the Guarantee of Private Property Rights


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Greenbelt regulations have started in 1971 when green space was installed for the purpose of reasonable city management and proper regulation of city expansion. There have been numerous debates over the effects of the regulation. However, in general, greenbelt is as sessed to have made a big contribution to curbing random expansion of the city area and to constraining real estate speculation and furthermore, to providing green space to the city residents. However, as a result of excessive restraint over land use, small and middle sized cities near the greenbelt area have suffered much difficulties regardless of their will. Especially residents within the greenbelt area have been forced to sacrifice their rights to exercise private property rights. The advent of democracy and lozalization along with the enhanced awareness of people regarding their rights have called for a reasonable measure to address the problems of the rigid greenbelt regulation. As a result, the regulation went through athorough revamp in 1999. The Constitutional Court ruled that the absence of compensation clauses on land does not comply with the Constitution which states the guarantee of people's right to property. It called for a legislation which introduces a reasonable greenbelt area fit for the 21th century. Since then, greenbelt regulation has been headed toward easing the restraints on land property right. Violation of personal property rights resulting from random designation of greenbelt area should be addressed properly. Therefore, countermeasures which do not make a dent in the effects and original intention of the greenbelt area and at the same time guarantee the individual property rights should be taken.


Ⅰ. 서론
 Ⅱ. 개발제한구역제도의 의의와 법적 근거
 Ⅲ. 개발제한구역제도의 내용과 문제
 Ⅳ. 개발제한구역제도의 개선과 사유재산권의 보장
 Ⅴ. 결론


  • 임명순 Myung-Soon Lim. 동국대학교 일반대학원 박사과정


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