개발제한구역제도의 개선방안에 관한 연구 = A Study on the Improvement Solutions of Greenbelt Policy

다국어 초록 (Multilingual Abstract)

Greenbelt policy started in 1971, as needs to regulate and manage excessive city expansion rose. Green area was fostered to block city expansions. Greenbelt policy has faced both positive and negative criticism since its introduction. This policy made a great contribution in preventing chaotic expansion of metropolitan area, in restricting real estate speculation and in providing greens to the citizens. However, small cities in and adjacent to the greenbelt area had to go through unwanted inconvenience because of the excessive restriction on land usage and development. Especially the residents within the area were compelled to sacrifice the exercise of their property rights.
People's higher awareness of their rights with the advent of democratization and regionalization has called for a rational solution to the existing stiff greenbelt policy.
As a result, a large-scale greenbelt policy reform was decided in 1999. The Constitutional court declared disagreement with Consitutional law on Urban program act article 21 in 1998 and urged a proper legislation which fits the 21th century.
Afterwards, greenbelt policy was modified several times. Unlike the original purpose, the focus of the policy reform was to decide the region that would be excluded from greenbelt area. Greenbelt issues from now on must focus on the resolutions to prevent indiscreet cancellation of greenbelt area and to solve the negative side effects coming from the alleviated restriction. Moreover, what important is, is to make stakeholders participate in reaching a solution, thus enabling proper usages of greenbelt which can last to the future generation.
In order to accomplish these purposes, government should develop related legislations. Violation of property rights due to random greenbelt area designation should be compensated. However, it is important that indiscreet greenbelt cancellation should not be linked to the violation of environmental rights. A long run solution to guarantee both property rights and environmental rights is in need. To establish such a solution, promoting people's awareness and understanding of this issue by rational policy making is important.

다국어 초록 (Multilingual Abstract)

Greenbelt policy started in 1971, as needs to regulate and manage excessive city expansion rose. Green area was fostered to block city expansions. Greenbelt policy has faced both positive and negative criticism since its introduction. This policy made a great contribution in preventing chaotic expansion of metropolitan area, in restricting real estate speculation and in providing greens to the citizens. However, small cities in and adjacent to the greenbelt area had to go through unwanted inconvenience because of the excessive restriction on land usage and development. Especially the residents within the area were compelled to sacrifice the exercise of their property rights.
People's higher awareness of their rights with the advent of democratization and regionalization has called for a rational solution to the existing stiff greenbelt policy.
As a result, a large-scale greenbelt policy reform was decided in 1999. The Constitutional court declared disagreement with Consitutional law on Urban program act article 21 in 1998 and urged a proper legislation which fits the 21th century.
Afterwards, greenbelt policy was modified several times. Unlike the original purpose, the focus of the policy reform was to decide the region that would be excluded from greenbelt area. Greenbelt issues from now on must focus on the resolutions to prevent indiscreet cancellation of greenbelt area and to solve the negative side effects coming from the alleviated restriction. Moreover, what important is, is to make stakeholders participate in reaching a solution, thus enabling proper usages of greenbelt which can last to the future generation.
In order to accomplish these purposes, government should develop related legislations. Violation of property rights due to random greenbelt area designation should be compensated. However, it is important that indiscreet greenbelt cancellation should not be linked to the violation of environmental rights. A long run solution to guarantee both property rights and environmental rights is in need. To establish such a solution, promoting people's awareness and understanding of this issue by rational policy making is important.

참고문헌 (Reference)

1 홍정선, "행정법원론(하)" 박영사 2008

2 박균성, "행정법론(하)" 박영사 2008

3 김동희, "행정법II" 박영사 2007

4 김남진, "행정법II" 법문사 2008

5 황희연, "특집 개발제한구역 제도 개선과 도시개발, 개발제한구역제도개선의 남은 과제, 도시문제"

6 진영환, "특집 개발제한구역 제도 개선과 도시개발 in 개발제한구역 제도개선 주요내용과 의의" 도시문제 2001

7 권용우, 이재준, 나혜영, 변병설, "친환경적 도시 구현을 위한 개발제한구역의 공영토지매입에 관한 연구" 국토지리학회 39 (39): 479-490, 2005

8 조명래, "지상토론 그린벨트 제도 개선 찬반 논쟁2 in 시장주의?개발주의의 망령에서 벗어나자" 1999

9 허재완, "영국의 그린벨트와 우리나라 개발제한구역, 대한지방행정공제회, 도시문제"

10 김남진, "그린벨트제도의 법적문제점과 개선방향" 개발제한구역정책자료집 1992

11 정세훈, "그린벨트의 정치사회학(그린벨트 해제의 사회 동학을 중심으로)" (가을) : 2004

12 권용우, "그린벨트에 관한 연구동향" 국토지리학회 38 (38): 513-528, 2004

13 조명래, "그린벨트 해제의 문제점과 친환경적 관리방안" 2004

14 박창수, "개발제한구역해제에 관한 소고" 16 : 1992

15 석종현, "개발제한구역지정으로 인한 재산권침해에 대한 손실보상" (9월) : 1991

16 박평준, "개발제한구역제에 대한 재검토" 16 : 1998

17 김병록, "개발제한구역제도의 헌법적 조명" 10 : 2000

18 김재호, "개발제한구역의 지정과 행정상 손실보상 - 특별한 희생의 성립여부를 중심으로" 4 : 1997

19 김현주, "개발제한구역의 보존 및 활용방안" 삼성경제연구소 1998

20 강현호, "개발제한구역에 대한 손실보상" 9 : 2000

21 이주희, "개발제한구역 주민의 재산권 보호" 개발제한구역정책자료집 1993