土地利用規制의 改善方向에 관한 硏究

다국어 초록 (Multilingual Abstract)

Korean government enacted the Land Use and Management Law in 1972 and provided the foundation for the positive law for the establishment of land utilization projects.
And it came to adopt the use region district system according to the function and use of the whole land from the microscopic dimension of the efficient utiIization and management of national land.
Various questions on the land that we are faced today are attributable to social and economic development such as the cityward tendency of the population and the industry despite of fixations of available supply of land due to its intrinsic natural property.
Due to this factor rise of land price is inevitably and rapidly increased land price in connection with resulting from various public and private development project.
The Korean government imposed policy of price control to the land developer by often strengthening or relieving land use policy depend on social and economic situations. All of these land policies have been established on the level of a state, and it has been used, therefore it was generated the problems causing uncomfort and unsatisfaction to people.
Accordingly to analyze the enforcement of the current land use policy and the concomitant controversial points, and then suggest its reformative plan, it is as follows;
Firstly, controversial point is the system of land law. Land law was made rapidly for willing to economic development or price control, therefore it makes many problems for urgent countermeasure. It's system will have to reform simply for a people are comprehended and use.
Secondly, controversial points of the use region district system and its reformative plan. Since the use region management in Korea is committed to the head of the pertinent administrative agency or the head of the local self-governing body, land use and management is not comprehensively adjusted. Designation for use region will be made in an downward mode, but because of participation of land specialists in designation for use region is excluded, democratizatlon and scientific enagement in use region designation is precluded.
In addition, following the enforcement of the local self-government system the central government will unpower establishment of land use policy and public finance to the local self government.
Thirdly, controversial point is supply of land for urban using. Agricultural land in the urban plan district must be revocation from use restriction and then land supply will be enough for housing and industrial demand. And government establish the population dispersion policy for prevention of the cityward tendency.
Fourthly government have to enforce land census in the base of land ownership declaration, then land polley is made usefulness because of foundation of accurate data.
Finally, controversial point is globalization and open door policy. Government control have to decrease and government support will be increased because of globalization age is coming. In view of land use policy government reenforce organization of land school and establish land research institute for bring up land specialist.

목차 (Table of Contents)

• 目次 = 0
• 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 土地利用規制의 必要性 = 7
• 第 1 節 土地所有權의 制限 = 7
• 第 2 節 土地利用規制의 當爲性 = 10
• Ⅰ. 土地行政의 槪念 및 特性 = 10
• Ⅱ. 土地行政의 必要性 = 15
• Ⅲ. 土地利用規制의 性質 = 18
• 第 3 章 現行 土地利用規制 現況 = 21
• 第 1 節 主要 土地利用規制 現況 = 21
• Ⅰ. 國土利用管理法에 의한 行爲規制 = 24
• Ⅱ. 都市計劃法에 의한 行爲規制 = 30
• Ⅲ. 建築法에 의한 規制 = 36
• Ⅳ. 首都團整備計劃法에 의한 規制 = 40
• Ⅴ. 上水源 保護를 위한 規制 = 41
• Ⅵ. 軍事保護區域 = 44
• Ⅶ. 文化財保護區域 = 44
• 第 2 節 農地轉用에 대한 規制 = 46
• 第 3 節 山林 및 草地轉用에 대한 規制 = 50
• Ⅰ. 山林轉用에 대한 規制 = 50
• Ⅱ. 草地轉用에 대한 規制 = 51
• 第 4 章 土地利用規制의 問題點 및 改善方向 = 53
• 第 1 節 用途地域制 = 53
• Ⅰ. 用途地域制의 問題點 = 55
• 1. 法規體制의 問題點 = 55
• 2. 用途地域區分의 問題點 = 59
• 3. 開發制限區域內 地域別·所有者別 差等規制 = 90
• 第 2 節 農地轉用 規制 = 93
• Ⅰ. 農地轉用規制의 問題點 = 93
• Ⅱ. 農地轉用規制의 改善方向 = 95
• 第 3 節 山林 및 草地轉用의 規制 = 99
• Ⅰ. 山林 및 草地轉用規制의 問題點 = 99
• Ⅱ. 山林 및 草地轉用規制의 改善方向 = 100
• 第 5 章 結論 = 102
• 參考文獻 = 107
• ABSTRACT = 114