| 요약2 |
The Transfer of Development Rights can be used as an useful urban management tool for, among other things, growth management, preserving landmarks, or protecting environmental quality. In Korea, there have been many attempts to adopt it; but, legal disputes as to whether it can be implemented within the Korean legal system. This paper proposes the legal framework to adopt the TDR in Korea. To do so, it analyzed laws, theories, and legal issues related to TDR. First, it revealed that the legal disputes in the previous studies resulted mainly from misunderstanding the term, Development Rights. Second, it found that TDR is not related to the fundamental concepts of the Korean property law, but it is just one of the values attached to each land property. Finally, it provides a foundation for the legal theories to implement TDR in Korea based on the Korean property laws, the Korean FAR(Floor Area Ratio) system, and the principles of the Korea regulatory taking laws. |