Earticle

초록

영어

In the Democratic and Capitalistic Society, the Right of Property is supposed to be protective, but it could be limited through the lawful contents and process under the purpose of Public Welfare. For the purpose like this, under our unique historical background and experiences, the restriction of land utilization has formed and improved in the flow of "First is Public Welfare, Second Private Right of Property".
Also as Korean restriction of land utilization has had the character of Public Law depended on the strong government-centered power, when the interpretation of "Public Welfare", that is the core in the restriction of land utilization, is needed, national needs have been considered as Public Welfare.
If we consider only Article 23, the Constitution, unlike in Germany and United States, Korean Constitution seems to guarantee the Right of Property even wider because it is stipulated that the infringement's range, that must be compensated, about the Right of Property includes the use or the restriction as well as the general expropriation.
In fact, however, the Restriction, although there is no concrete compensation provision, is enforced because it is just thought as the reasonable obligation like in the Restriction of land utilization by Act of the Planning and Utilization of the National Territory.
Recently, the Constitutional court has decided that, if the Restriction on the Right of Property exceeds the simple social restriction, the expropriation effect must be admitted. This is a big step in point of the balance and the harmony between the Protection of Private Right of Propertyand Public Welfare. There are still many things to be done.
In this paper, I will suggest some alternative plans on the balance between the Right of Property on Constitution and the Restriction of Land Utilization for Public Welfare.

목차

Ⅰ. 서론
 Ⅱ. 재산권 보장과 제한
  1. 헌법 제23조
  2. 토지재산권 제한의 근거 규정
 Ⅲ. 토지이용규제
  1. 토지재산권 제한유형
  2. 인식전환의 필요성
  3. 현행 토지공용제한법제의 문제점과 개선책
 Ⅳ. 토지공용제한과 정당보상
  1. 법률에 의한 정당한 보상
  2. 정당한 보상의 의미
  3. 검토
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 박정일 [ Bak, Jeong-Il | 서해대학교 부동산컨설팅과, 벽성대학교 부동산학과 강사 ․ 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340