도시관리계획에 의한 재산권 제한의 적정성 확보 방안 연구

A country has an obligation to establish necessary plans to promote the public welfare and to improve the life of the people in order to continuously develop the national land, the living space of the people. Especially, the country which has very narrow national land always needs to establish a comprehensive plan in order to utilize and to develop the national land efficiently, and also needs to make legal and institutional efforts to implement the established plan. Accordingly, we enacted the National Land Planning Act that specifies the basic items necessary for the establishment and implementation of plans, and the plans stipulated in this act include the regional town planning, the urban master planning, and the urban management planning. In particular, due to the fact that the urban management planning as the plan established for developing, maintaining, or conserving the areas under the jurisdiction of municipalities, metropolitan cities, special autonomous cities, special self-governing provinces, cities or districts includes many concrete plans, the decision or notification of the urban management planning corresponds to the restrictive plan carrying legally binding power that regulates the rights of local residents, imposes a development commitment on the local residents, or prohibits the local residents form certain development activities. Because the decision of such urban management planning entails the designation of the use district or use zoning and the decision of the urban management planning which installs the urban planning facilities such as road, railroad, park, school, broadcasting facility, communication facility, sewer, etc., the decision of the urban management planning involves certain restrictions on the land use. Especially, the land or building owners in the areas corresponding to the urban management planning shall not be able to use their own properties for its conventional purposes, and the private use possibility of the land shall also be abolished due to the fact that the land use method legally permitted practically no longer exists. As a result, the land and building owners are no longer able to obtain some proper economic profits from selling their properties because they experience a decrease in the value of their properties. In this regard, the decision of the urban management planning shall cause the excessive restriction to the land owners' properties. Therefore, by reviewing the content and the legal nature of the urban management planning and the cases of the property right restricted by the urban management planning, this study presents a method which can secure the adequacy of property right restricted by the urban management planning in order to minimize the excessive restriction imposed on the land owners.