중앙데일리

Green Belt Partly Unconstitutional

Dec 24,1998
Korea's Constitutional Court ruled that the green belt system is constitutional but the fact it does not provide compensation to landowners who cannot use their land is unconstitutional.
In 1989, three cattle farmers brought a constitutional lawsuit concerning the law which prescribes restrictions on development in designated green belt areas. The court ruled in favor of the petitioners on December 24.
As a result, laws related to green belt areas should be revised soon. Furthermore, this judgment will influence many other laws and regulations including those regarding natural parks.
The court said, 'The green belt system is constitutional because it is for environmental preservation and national security. If an owner is allowed to use his or her land inside a green belt area as it was used formerly, the fall of the land's price is an unfortunate side effect arising from a benefit to society as a whole which he or she should accept.'
However, the court said, 'If owners cannot use their land as before the green belt designation or not at all, the law should be revised to compensate for landowners' loss.'



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