Abstract
A Study on the Compensation method of land development restriction area around Cultural Properties
-Empirical Analysis For an adoption of the Transfer Development Rights System-
Lee, Seon-Jun
Department of Public Policy
Graduate School Pub...
Abstract
A Study on the Compensation method of land development restriction area around Cultural Properties
-Empirical Analysis For an adoption of the Transfer Development Rights System-
Lee, Seon-Jun
Department of Public Policy
Graduate School Public Administration Korea University
(Supervised by Professor Kim, Sang-Bong)
The study examined a present legal framework for a restriction of developing land in a designated cultural heritage or within a protected area for a cultural heritage, and thereafter it takes several case studies for an theoretical understanding of private ownership and development right in order to provide a possible framework for a sustainable development of a historical site. The dissertation concluded with a recommendation that The Transfer Development Rights(TDR) as an efficient way of compensation rather should be considered to replace a present system of monetary compensation.
Present Korean Cultural Heritage Protection Law has no clear regulation of compensation in the case of restricting a development in a designated cultural heritage site. Although development right in a private land is secured in Korean Law, it is difficult to develop such site because of a strict planning control in the process of planning application. In addition, there are no clear guidelines for a criteria of possible development within a designated heritage site. The Korean Law states that an authority of enactment can adopt a framework of reducing a loss from a restriction of a development.
Traditional concept of ownership in Korea understands that it is difficult to separate a development right from a concept of land ownership. However, considering that it is not a problem for American and British legal frameworks to separate a development right and Germany, France, and Japan, which do not separate the right in their legal frameworks, allow to separate a development right in actual practice, the matter whether a development right can be separate or not depends on the willingness of a responsible authority of policy making.
Based on the examination of domestic and foreign legal frameworks and their theoretical backgrounds, the dissertation recommended to adopt The Transfer Development Rights(TDR). Different from a general prejudice, a public survey in the dissertation displayed that the public recognize that the level of controling development in a designated heritage site against a development is not strict enough, and over a half of response would accept a restriction if they own a such site. Therefore, the research analyzed that it is not a problem to execute a development restriction but it is necessary to reduce a economic loss of an owner resulted from a restriction so that a right for private ownership in the Korean Law can be secured.
Another finding from the survey in this research is that majority of the response understands a necessity of adopting The Transfer Development Rights(TDR), yet their level of knowledge about the details of the system is relatively low. There are several studies to introduce the system, but still a decision-making authority and the public has not fully understand the system. In addition the survey showed that the public prefers a monetary compensation and tax benefit, but they favours The Transfer Development Rights(TDR) if it is difficult for a government to provide such compensation.
In conclusion, although The Transfer Development Rights(TDR) is a new to Koreans, it can be an alternative system to improve a present framework to secure the right for a ower of a designated cultural heritage site. The dissertation argued that it will become an efficient system if a government organises serial seminars for a public understanding of the system. In particular, historic cities such as Gyeongju, Gongju, Buyeo, and Iksan, of which citizens who owns a designated cultural sites, can be the first candidates to exercise the system for a successful adoption. In order for doing that, the system should be introduced in the Cultural Heritage Protection Law and Historic Cities Protection Law and the details of execution should be clarified in a local regulation.
Considering that there are 419 area for a restriction of a land development in Korea, the system will provide a satisfactory framework for a government, a land owner, and a developer.