토지비축사업의 사업인정 방안

The boundary of taking will change according to conditions of each society. Although Korean constitutional law protects property right of individuals, it can be appropriated for public purpose. In this paper, I focused on theme of authorization of taking for land banking. Land banking means appropriation of land for future use. It aims two goals. First of all, government can provide land for construction of social objective capital. And the burden of compensation can be avoided if government buy and deposit it beforehand. In present Korean taking institution, land banking itself has no legal ground for permission of taking. Revision of taking institution is needed. In this case, we should ask if there exist public interest in land banking. Constitution provides that economic order shall be based on freedom and initiative of private individuals. Land banking shall be accepted so far as it does not hurt free and democratic economic order. When a special law for land banking is enacted it will function as legal ground for taking. But the constitutionality will be examined in Constitutional Court. To avoid constitutional problems, the preposition for land banking should be carefully schemed. With regard to these prepositions, the purpose, duration and compensation are most important.