토지설계법상 계획제한과 사권보호에 관한 연구 : 국토건설종합계획법, 국토이용관리법, 도시계획법을 중심으로 = Planning restriction and protection of private rights in the land planning law

다국어 초록 (Multilingual Abstract)

Land Planning Law was legislated mainly to govern the factors that affect national utilization of land and other life surroundings which have been being ruined these days due to the urbanization as the societies became industrialized. In this connection, it is inevitable for gevernment to control some private rights with a limitation on a certain extent as per the Constitution as long as the private rights are basically guaranteed in accordance with the provisions of law. However, under the present circumstances questions as to how the private rights are protected occur because they are not expressly stipulated in the provisions of pertinent law.
The article 22-3 of the Constitution stipulates " In case of expropriation, use or restriction of private property for public purposes, just compensation shall be paid in accordance with the provisions of law. The compensation shall be made fairly so that public and private interests shall not be affected as will be stipulated in the concerned law." However, the Land use and Management Law governing on how to plan and manage the land is not satisfactorily stipulating the process of compensation and thus require supplementary provisions.
Accordingly, this thesis discusses the Law of Land Development and Plan, the Land Use and Management Law and the City Planning Law which are important governing land development practices with a viewpoint of how to deal with planning restriction (restriction in execution) by the government. Also it is about positive laws in force protecting private rights in terms of how to solve problems occurring in the course of executing those laws.

목차 (Table of Contents)

• 목차
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 4
• 第2章 土地計劃法의 理論的 背景 = 6
• 第1節 土地計劃의 理論的 背景 = 6
• 1. 槪說 = 6
• 2. 土地計劃의 憲法的 根據 = 7
• 3. 土地計劃과 行政計劃과의 關係 = 9
• 第2節 土地計劃法의 法的 性質과 原理 = 11
• 1. 槪說 = 11
• 2. 行政法의 基本原理 = 12
• 3. 土地計劃法의 原理 = 15
• 第3節 土地計劃法의 槪念整理와 範圍 = 18
• 1. 槪念整理 = 18
• 2. 範圍 = 19
• 第3章 土地計劃法上의 計劃制限과 私權保護 = 21
• 第1節 計劃制限의 意義 = 21
• 1. 槪說 = 21
• 2. 意義 = 35
• 第2節 土地計劃法上의 計劃制限內容 = 27
• 1. 意義 및 原則 = 27
• 2. 計劃制限의 內容 = 38
• 第3節 計劃制限과 私權保護 = 47
• 1. 槪說 = 47
• 2. 實體法上의 私權保護 = 47
• 2. 節次法上의 私權保護 = 51
• 第4節 計劃制限과 私權保護의 衡平問題 = 53
• 第4章 結論 = 56
• 參考文獻 = 59
• ABSTRACT = 62