정비사업의 광역 인프라 재원 확보를 위한 서울시 기부채납 제도 개선 방안 연구 ― 현금 기부채납 활성화 및 국민주택규모 주택 공공분양 전환을 중심으로― = A Study on Improving the Contribution System for Securing Regional Infrastructure Financing in Seoul Urban Redevelopment Projects — Focusing on Activating Cash Contributions and Converting National Housing-Scale Units to Public Sales —

다국어 초록 (Multilingual Abstract)

Seoul's residential structure faces structural problems of decreasing habitable households and increasing commuting demand to the metropolitan area during the transition from low-rise to apartment-centered development. The current urban redevelopment system is concentrated on district-level infrastructure installation, limiting the expansion of regional infrastructure connecting Seoul and the wider metropolitan area. This study aims to propose legal and institutional improvements to transform the contribution system of Seoul's redevelopment projects into a means of securing financing for regional infrastructure.
The research methodology combines empirical statistical analysis of Seoul's population, household, and housing data (1995–2024), legal analysis of the Urban Redevelopment Act and related legislation, in-depth comparative legal review of cash-contribution-type development burden systems in Germany, Japan, and the United Kingdom, and policy analysis of the government's recent housing supply measures. The empirical analysis confirms that redevelopment projects — including New Town projects — cause an average 10–20% decrease in household numbers, indirectly generating regional transportation demand, yet the current legal framework fails to reflect this reality (Jang Nam-jong et al., 2008).
The comparative legal review focuses specifically on the two core policy instruments: activating cash contributions and converting national housing-scale units to public sales. Germany's Städtebaulicher Vertrag (BauGB §11), Japan's development burden agreement system, and the United Kingdom's Community Infrastructure Levy (Planning Act 2008, ss.205, 216) collectively demonstrate that cash-based development burden systems with broader geographic scope are internationally prevalent. In particular, the UK CIL's nexus-free principle provides the most direct comparative precedent for the proposed regional infrastructure fund conversion.
Accordingly, this study proposes three key measures: first, expanding the scope of the Urban Redevelopment Fund to include regional infrastructure through amendment of Article 126 of the Urban Redevelopment Act; second, activating cash contributions in connection with Seoul's three-dimensional park system; and third, establishing a revenue recycling structure through converting national housing-scale units to public sales. These three measures constitute a logically integrated system directed toward the single objective of securing regional infrastructure financing.
The legal justification for institutional reform rests on the legal recognition of indirect causation and the principle of integrated urban planning, grounded in an examination of the proportionality principle and the prohibition of undue linkage (Supreme Court, 1997. 3. 11. 96Da49650).