판례평석을 통한 관광개발사업 공공성에 관한 비판적 고찰 : 헌재 2013.2.28. 선고 2011헌바250 결정을 중심으로

This study examines the publicness of tourism development and the property rights that can be called the basic rights of the people due to the development of the tourism complex. In addition, the 'public need' and its detailed requirements that conform to the judgment in the Constitutional Court are hierarchically classified into 'publicness', 'necessity' and 'proportionality' based on the theoretical grounds. As a result, the publicity judgment of the tourist complex is divided into legal and procedural perspectives. The tourism complex project is being reviewed by the city / provincial governor, who is the subject of approval, to determine whether the public will use and have access, and furthermore, decide on procedures for judging the ability and appoint doctors to perform public service projects pertaining to the 'appropriateness of public service'. The results of the 'proportional' review of the proportion between the public and the public interest resulting from the execution of the project indicated that there was a pre-approval procedure to review the proportion between the benefit of the cause of death and the public nature so that it would not be discharged from the original purpose of legislation.