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Territorial Development National Land Development

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규제수용과 재산권 보호에 관한 연구(Regulatory takings and property rights: Focusing on the green belt regulation in Korea) : 개발제한구역을 중심으로

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Title 규제수용과 재산권 보호에 관한 연구(Regulatory takings and property rights: Focusing on the green belt regulation in Korea)
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Sub Title

개발제한구역을 중심으로

Material Type Reports
Publisher

세종 : 한국개발연구원

Date 2015-12
Series Title; No 정책연구시리즈 / 2015-09
Pages 77
Subject Country South Korea(Asia and Pacific)
Language Korean
File Type Documents
Original Format pdf
Subject Territorial Development < National Land Development
Holding 한국개발연구원; KDI국제정책대학원
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Abstract

hether to compensate the losses due to a regulation. Under the assumption that the regulation satisfies ‘public necessity’ concept in the Constitution of Korea, the losses should be compensated if the regulation is implemented not based upon the state’s police power, there is a significant imbalance between the beneficiaries and the regulated, and the amount of the losses is significant. We studied the Green Belt regulation of Korea with the criteria, and showed that the compensation is necessary, which is consistent with the decision by the Constitution Court of Korea in 1998.