| Title |
Court Ruling about the Public and Private Interests Conflict on Urban Parks as the Rights - With Special Emphasis on the Case Law about Property Rights and Environmental Rights |
| Keywords |
토지 ; 보상 ; 조망과 경관 ; 행정 집행 ; 생활권 Land ; Compensation ; Prospect and Landscape ; Administrative Execution ; Living Circle |
| Abstract |
By examining the rights provided by legal judgments, this study aims to understand the legal relationship between public and private interests with regard to urban parks, their legal issues, and the limitation of legal rights. In detail, this paper addresses environmental rights that can expand traditional rights-based property rights. Property rights infringements include parks not created for a long time, unequal rewards, and unreasonable administrative implementation. Environmental rights infringements include nuisances and the legitimacy of environmental restoration through landscaping. As a result, the right to urban parks means the ‘power to protect’ private property and the communal environment from land ignored after park designation and parks whose natural character has been damaged. Nevertheless, in the name of ‘social character’, court rulings determine the hierarchy of rights to be: public interest, land property rights, and environmental rights. To overcome the limitations of court rulings on rights, there is a need to prioritize land rights for living and being over public land and for complementary public and private rights. Therefore, it is time to change the scope of urban park rights to living rights. |