자연공원법상 자연공원 지정 및 용도지구 지정의 법적 성격과 손실보상의 기준 - 대법원 2019. 9. 25. 선고 2019두34982 판결을 중심으로

Legal Nature of Designation of Natural Parks and Special Purpose Districts and Standards for Compensation for Losses : Focusing on the 2019du34982 decision of the Supreme Court on September 25, 2019

The Supreme Court’s decision on September 25, 2019, 2019du34982, is significant in that it explicitly ruled for the first time that the legal nature of the designation of natural parks and special purpose districts designation under the Natural Parks Act is, in principle, a “general planning restriction.” Considering the legislative purpose of the Natural Parks Act and the content and system of each regulation, the legal nature of the designation of natural parks and special purpose districts can be said to be ‘general planning restrictions’. Plus, the amount of compensation for the loss of the land subject to expropriation should be assessed as it is under the restriction. I think the Supreme Court’s decision that comes to the same conclusion as above is correct. Despite the Supreme Court’s ruling, when it comes to the compensation for losses of general planning restricted land such as the designation of natural parks and special purpose districts, it is still necessary to discuss and research on whether to exclude from the compensation as social restrictions inherent in property rights, or to include the compensation from the perspective of fair compensation under Article 23, Paragraph 3 of the Constitution. Therefore, I hope this research will continue