| 요약2 |
Although Korea and the U.S. share a common goal pursuing public interest in regulating land use, property rights in Korea, which are protected under the constitution, have long been outweighed by public goals and there was little effort to reflect the constitutional rights on land use system. This paper explores as to what the legal significance of the Korean land use system should be fundamentally considered within the constitutional requirements on property rights through comparing to the U.S.'s experiences. As a result, this study has found that the Korean legal system began to recognize regulatory taking, which was not accepted until 1998 when the Korea Constitutional Court ruled that the Green Belt law is not consistent with the Constitution based on the similar reasoning to the U.S.'s initial case laws on regulatory taking, such as Pennsylvania Coal and Lucas. Consequently, for Korea to have more democratic, advanced system for land use control, legal consistency with the Constitution should be preceded. |