계획제한과 손실보상에 관한 연구

다국어 초록 (Multilingual Abstract)

The property rights such as utilization, profits, disposal and succession of all citizens in the market-economy system shall be guaranteed in the Constitution of Korea. However, the exercise of property rights shall conform to the public welfare. And then the expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by law. Provided, That in such a case, just compensation shall be paid.
Exceeding the limits of social toleration and restraint in planning restrictions due to public necessity, the compensation for an invasion of property rights is not sufficient as compared with it for the expropriation and use of them. Because there was no compensation for excess invasion of the property rights, the Constitutional Court made a judgment that the related Act for specifying areas of restricted development was not in accord with constitutional systems.
This paper studies the social toleration and restraint giving a justification in the invasion of property rights, compares the property systems guaranteed in the Constitution of Korea with it in Germany, and examines judgments which the Constitutional Court made for planning restrictions. Lastly, it points out problems on the compensation for planning restriction on the property rights