비도시지역의 토지이용규제 체계에 대한 법제 고찰 -비도시지역 산지를 중심으로-

초록

Land use regulations for non-urban area restrict the land use according to the zoning system and hierarchy system of the regulations. However, the classification system of the zoning system is not reasonable and there are problems with the classification system and the legal effect. Hence, when the land use is regulated for rural areas, conflicts of spatial values of conservation and development frequently occur, and social conflicts and inequality related to the restrictions arise. In this study, the main objectives are to discuss the fundamental problems and present legal issues along with practical examples through the legislation analysis and the literature review on land use regulation system for non-urban area. The results show the problems on several points: the legal effect of the zoning system and hierarchy system of land use regulations, efficiency of the hierarchy system, the spatial conflict between conservation and development, guarantee of property rights and infringement of the private property rights, and prolonged regulatory barriers and uncertainty. The necessity of reorganization of the classification system for land use regulations for rural areas and simplification and establishment of the legal effect of land use regulations were suggested as an improvement. The results regarding the land use regulation system for non-urban area will provide an insight into the improved classification system of zoning in rural areas.

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