| 논문명 |
건축선후퇴에 의한 전면공지의 법적 한계와 개선방향 / Legal Limitations and Improvement Schemes of Frontage Space of Building by the Setback Requirements |
| 저자명 |
김지엽 (Kim Jee-Yeop) ; 배웅규(Bae Woong-Kyoo) ; 한지형(Han Ji-Hyung) |
| 수록사항 |
대한건축학회논문집 계획계, v.26 n.11 (2010-11) |
| 주제어 |
건축선후퇴 ; 전면공지 ; 공개공지 ; 재산권보장 ; 손실보상 ; 계획제한 ; 수용유사침해 ; 규제적수용 ; Setback ; Frontage Space of Building ; Privately Owned Public Space ; Land Use Control ; Regulatory Taking |
| 요약2 |
Frontage space of building is a kind of privately owned pubic space, which has been created in a city to, among other things, provide usable pedestrian space by the setback requirement under land use laws, such as Building Code and the National Land Planning and Utilization Act. But, it has been also frequently criticized that they are mostly used for private purpose. This study explores the legal limitations of the frontage space of building and proposes the improvement schemes. In doing so, it examines the constitutional requirements and legal theories regarding land use control and draws the legal aspects of the space. In conclusion, it finds that frontage space of building may constitute a regulatory taking under the Korean law if it severly restricts private use of the space. Therefore, it suggests an approach based on the incentive system to acquire the space, and proposes to establish an effective guideline to manage the space. It is expected for this study to lay a legal foundation in designing and managing a frontage space of building. |
