Underground passageways have many benefits as decreasing traffic accidents by reducing crosswalks on the ground, facilitating ground traffic, and bringing convenience in walking in wet weather. In some cases, these underground passageways are construc...
Underground passageways have many benefits as decreasing traffic accidents by reducing crosswalks on the ground, facilitating ground traffic, and bringing convenience in walking in wet weather. In some cases, these underground passageways are constructed and operated by the public-sector party but they may be constructed and operated by the private-sector party as well. In the case of underground passageways constructed by the private-sector party, they have been promoted in a way that allows the private-sector party to operate the underground shopping complex from the past because they should be able to retrieve the investment. They have been promoted in a way that the private-sector party constructs an underground shopping complex, donates it to Public Entity, and receives free use permission in return according to Public Property Act. It can be considered as BTO(Build-Transfer-Operate) method, which is one of the methods of promoting Public-Private-Partnerships. This study intended to investigate the problems and ways to improve them by reviewing the relevant provisions of Public Property Act and Road Act, the legal basis of contributed acceptance of underground shopping center and free use permission method. First, the Pubic Authority may grant permission to use or profit from administrative property according to Public Property Act. However, the current Operating Standards of Public Property of Local Government are different from the above regulations of the Public Property Act. This study investigated whether donor can use or profit from administrative property pursuant to the above operating standards. Next, this study investigated the legal nature of donation and free use permission according to Public Property Act. This study investigated if there is a bilateral relationship between the donation of underground shopping center and free beneficiary right of use. In particular, the donor s interests need to be protected even if the permission for use is revoked. Third, this study investigated whether public control by Public Authority is required to acquire necessary administrative property, such as project feasibility, forced open bidding, and construction management in the process of the donation and free use permission. Lastly, the underground shopping centers under the road are required to obtain permission to occupy and use roads according to Road Act. Recently, the Local Government Ordinance on the Occupancy and Use of Roads deleted the applicable provisions that may grant a long-term permission for occupation and use of roads considering a high initial investment by the private-sector party. This study reviewed the period of permission for occupation and use of roads.