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      • 지역개발제도의 개선방안에 관한 연구

        박영하 한국지역사회개발학회 2000 地域社會開發硏究 Vol.25 No.2

        This paper suggests some indispensable factors in modification and supplements to our current laws as to regional planning and development system. In relation to this issue, this research attempts to analyze legal as well as theoretical problems as to regional development policy and national physical plans in our country. As is generally known, Korea has achieved rapid economic growth during the last thirty years. The economic growth and its structural changes have resulted in significant changes in spatial structure. Thus the central government has made various policies and measures continuously for growth control of major large cities for balanced regional development approach. But the National Physical Plans and the Capital Region Consolidation Plans could not achieved their goals. the 4th National Physical Plan has admitted the failure in the restrictions on physical development in the Capital region and the balanced national land development. In other words, the existing acts in Korea, e.g., the Capital Region Consolidation Act, the Balanced Regional Development Act, the Black Region Development Promotion Act, the Agriculture and Fishery Development Consolidation Act etc. have been proved not to meet their own aim, to have many problems. Therefore in order to settle down the problems some supplements and revisions to the current regional development acts are needed as follows ; (1) unification and consolidation as to regional development acts, (2) reformulating land use planning system, (3) integration of acts as to regional development, (4) restoration of the coordination and democratization in planning system and (5) readjustment of regional development project systems.

      • 都市計劃施設事業의 長期未執行과 損失補償

        朴永夏 전주대학교 1994 論文集 Vol.23 No.-

        This paper suggests some important factors in modifications and to our current system of urban infrastructure planning and remedy for relevant violation of the right of individual property. As is generally known, if the plan of operation in connection with the infrastructure utilities doesn't have been carried out for unreasonable long-term period after the relevant urban planning had been decided, the property rights are subject to a special sacrifice (Besondersopfer). Notwithstanding the fact, there is no provision for compensation in the Urban Planning Act or the Compulsory Purchase of Land Act, and so forth. In relation to this issue, this research attempts to analyze legal as well as theoretical problems as to the liability for the retrievement for demage, to the right claiming for eminent domain (Enteignung) and compensation. But the liability for the retrievement and right of claim as mentioned above are not admitted in the provision of the positive acts and regulations. Therefore, so as to settle down the problems of the remedy for the violation of the right of individual property caused by the unreasonable delay of urban infrastructure operation for long-term period, some supplements to our current urban land use control and compensation system are needed as follows: (1) enactment of general statute, the Land Use Control and Compensation Act, (2) modification of the yearly operation program system, (3) adoption of invalidation system due to not being carried out for unreasonable long-term period, (4) institutionalization of the right of claim for purchase of land.

      • 條例制定權의 限界에 관한 硏究

        朴永夏 건국대학교 1990 論文集 Vol.30 No.1

        The purpose of this sutdy is to identify the conecpt and the limits of the legislative power of byelaws exercised by local self - governing bodies. Bylaws have very important meaning in the daministrative state. According to this, It is very expedient to identify the concept of byelaw, to make certain the original status of it in the legal system framework of a nation and the change of its status under the principle of law-governed administration in the present age. On the other hand, it is also of use to consider as to the legal ground of the legislative power of byelaws and its categorial and legal limits from reviewing the words of constitution and the provisions concerned of the Local Government Act. In the first place, let's consider the categorial limit of the legislative power of byelaws. The scope of local affairs which shall be regulated by the legislative power of local self governing bodies are enlarged more and more in many countries, conforming to the constitutional need of present time. And, with a view to promote the guarantee of fundamental human rights and local autonomy, it is recognized that the scope of national affairs should be limited. Furthermore, we must established the system of coorporation and mutual assitance between acts of parliament and byelaws. To return to the topic, byelaws have a certain legal limits, for it is a part of the legal system or framework of a nation. In order to omake certain the legal limit of it, it is useful for us to review the constitutional principle of 'rule of law' and the classical theory as to the relation between acts of parliament and byelaws, that is, the doctrine of absolute unlimited legislative control. There are various opinions about the relation of them and we can find the doctrine of absolute unlimited legislative control has its foundation that the national interest is superior to that of local self- governing body. But it seems tone that this point of view should he overcome since it is is an anachronistical way of thinking. Being over against this, a new point of view becomes a prominent figure in 1970s, which is called the constitutional point of view. The constitutional point of view has its grounds on the constitutional gurantee for the independent powers and sbsolute rights of local autonomy. According to this point of vew, when acts of parliament infringe the constitutional rights and powers of local self-governing bodies, the acts will be the unaconsitutional ones. Nowadays, rapid urvanization and industrialization has caused a universal thendancy of reappraining the question of local autonomy, even though the aspects differ with countries. On reflection, in Korea, the first Local Government Act was enacted in 1949 but the local assemblies, based upon the Act 1949, has disorganzed in 1961. However, in accordance with the whole amendment of the Local Government Act in 1988, local autonomy have met a new turning point and byelaws became to have its own substance. Henceforth our scientifical and practical efforts are consistantly needed to meet the manifold administrative demands of residenzs and to activate local autonomy. The contents of this treatise are composed as follows ; Ⅰ. Introduction Ⅱ. The concept of byelaw and its status in legal framework of a nation Ⅲ. The legal ground of the legislative power of byelaw Ⅳ. The Limits of the legislative power of byelaw Ⅴ. The relation between constitution and byelaw Ⅵ. The relation between act of parliament and byelaw Ⅶ. Conclusion

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