都市計劃條例의 特性分析을 통한 效率的 運用方案에 관한 硏究 = Research on an efficient application scheme through characteristic analysis of urban planning-ordinance

다국어 초록 (Multilingual Abstract)

The national land planning system of Korea comprises three steps, including the district unit planning, which is a metamorphosed format from the two step structure based on usage regional system. The district unit planning resembles the detailed planning system of Europe, but taking the contents and application range of the plan into consideration, its function is limited to assisting the usage regional system.
In the recently legislated national land planning law, the application range of the district unit planning has been extended, and is comprehensively applied as the application method of the ‘planning first, development later’ paradigm, including urban and suburban regions.
However, in the land usage system based on usage regional system, the establishment of district unit planning is also founded on the usage regional system; thus, there is a limit. In the case of Japan and the U.S., who also operate an identical usage regional system, various urban management methods are developed in order to overcome such limitations. Especially, they utilize it as a systematic instrument matching the region’s characteristics and urban management direction through the operation of ordinances.
Urban planning-ordinance, a unique function of the local assembly, is a legal and systematic tool that can construct a autonomous system in the range of law, taking the self-governing body’s characteristics and realities into consideration. Thus, there is a need to establish a cooperative relationship between urban planning and urban planning- ordinance, each as the practical tools of urban management considering the regional characteristics.
Consequently, urban management as a legal system was originated in order to enable practical urban management according to specific regional situations. The operation of urban planning-ordinance is expected to perform an important role in urban management in the upcoming future.
In this research, we will take a look at the character of Korea's national land use as well as the structural characteristics and system of related laws. An efficient application scheme of the newly introduced urban planning ordinance is organized in the aspects of contents and management through its evaluation and analysis of application characteristics. The purpose is to present a scheme in which the relationship between law, urban management planning, and urban planning ordinance stand opposed to one another can be used as a practical tool for urban management.
The contents are such as examination of the characteristics of the usage district system, which is Korea’s urban management system, observation of the related tasks on the level of land planning law, the advent of ordinance following the reform of urban management system, the details regarding each city/town’s ordinance enactment, and the role of urban planning-ordinance in efficiently settling the urban management planning. Archive research was done in order to define the characteristics and legal trait of the urban management system; and for the operation status of the urban planning-ordinance, case study was chosen.
As the result of this research, we’ve discovered that various types of problems are occurring inthe aspect of establishment and operation of urban planning ordinance. Therefore, the scheme to discover the causes for such problems and to use urban planning ordinance as a tool for urban managing is described below.
(1) Content Aspect
First, the examination function of ordinance establishment procedures must be strengthened to preserve the lawfulness of the ordinance while also preserving lawfulness of the ordinance contents to examine the relationship with the law during ordinance judgment through the application of deliberation commission which includes a main office, legislative office, and related professionals.
Second, a standard must be provided through an objective analysis on the matter within the ordinance of settling on a value and a preliminary evaluation on the character and effect of each value is needed so that urban policies or urban planning directions can be reflected in the ordinance.
Third, it is necessary to differentiate the application of the ordinance for each location during establishment and the construction of a dualistic management system is required for this which can differentiate the application of urban management planning and ordinance.
(2) Management Aspect
First, it is required to examine the contents of the current ordinance, include a plan which presents the loopholes and complementary points of application, and arrange a standard in revising the urban planning ordinance according to the established plan.
Second, the participation of a professional might become necessary who can efficiently harmonize matters in case of a difference in opinions between the administration and assembly occur on ordinance revision where it is possible to use the corresponding urban planning committee when needed.
Third, time needs to be given in cases where preparations are needed to prepare at self-governing bodies through advance notices even when it is an ordinance announcement, while mutual cooperation must be especially fulfilled through exchange extensions and strengthening education between the central facility and local self-governing bodies. In addition, it is required to educate the professional knowledge base of government employee in charge and to install attached researchers and permanent planning body.
(3) Establishing Aspect of Relations with Urban Management Planning
This part can be distinguished into an urban management planning centralized type, an urban planning ordination centralized type, and an urban planning ordination parallel type.
The first of these types is a scheme to provide more detailed decision on usage areas and districts within the range of current laws and regulations.
The second type is a scheme to diversify the applications of the ordination per each area within the range of the current urban management planning.
The third type is a method to make application after distinguishing matters, which must be granted adaptability according to the regional characteristics, into urban planning ordination. In addition, urban management planning must not be altered in the aspect of urban management.
The transfer of authority to the local government is expected to expand in the future; operations assigned by law or the decision making power regarding urban management planning will also mostly be handed over to local autonomous entities. According to such policy changes, the urban management responsibilities of local autonomous entities are expected to increase. Nevertheless, taking the establishing characteristics of the current urban planning-ordinance, there must be more effort put into the preparation for urban management. In establishing urban planning-ordinance or urban management planning, there is a high demand for examining the reality of the region, various analysis, and professional operation of the plan application.
Urban planning-ordinance will be the method for urban managing, and also directly takes part in the citizens’life and rights; thus, the change of a once legislated ordinance should be done with the utmost prudence.

목차 (Table of Contents)

• 제 1 장 서론 = 1
• 제 1 절 연구의 배경 및 목적 = 1
• 1. 연구의 배경 = 1
• 2. 연구의 목적 = 2
• 제 2 절 연구의 내용 및 방법 = 3
• 제 2 장 도시관리체계 현황과 전망 = 5
• 제 1 절 도시관리체계 개념과 특징 = 5
• 1. 국토이용체계중 도시관리체계의 범위 = 5
• 2. 도시관리체계 특징 = 6
• 제 2 절 용도지역제 특성 = 13
• 1. 토지이용체계의 이원적 구분과 비교 = 13
• 2. 외국의 토지이용제도의 특성과 시사점 = 23
• 제 3 절 도시관리체계의 변화와 전망 = 33
• 1. 용도지역·지구제의 변화 = 33
• 2. 지방중심의 계획체계 = 34
• 제 4 절 소결 = 36
• 제 3 장 도시계획조례의 일반적 고찰 = 39
• 제 1 절 조례의 지위 및 역할 = 39
• 1. 조례의 성격과 특성 = 39
• 2. 조례의 기능과 역할 = 43
• 3. 조례제정의 절차 = 45
• 4. 조례에 대한 통제 : 재의요구(再議要求) = 50
• 제 2 절 도시계획법의 변화와 국토계획법제정 = 53
• 1. 도시계획법의 변화 = 53
• 2. 도시계획법 전면개정 = 57
• 3. 국토계획법의 제정과 내용적 특성 = 62
• 제 3 절 도시계획조례 특성 = 82
• 1. 도시계획조례의 의의 = 82
• 2. 도시계획조례 위임 특성 = 82
• 3. 도시관리계획과 도시계획조례의 관계 = 86
• 제 4 절 소결 = 88
• 제 4 장 도시계획조례 제정특성 분석 = 91
• 제 1 절 도시계획조례의 제정 = 91
• 1. 도시계획조례 시행시기 = 91
• 2. 도시계획조례 제정 내용 = 92
• 제 2 절 사례조사를 통한 내용분석 = 94
• 1. 사례도시의 선정과 사례도시의 특성비교 = 94
• 2. 조례내용별 비교분석 = 101
• 제 3 절 도시계획조례 개정 특성 = 122
• 제 4 절 소결 = 124
• 제 5 장 도시계획조례의 효율적 운용방안 = 127
• 제 1 절 도시계획조례관련 변화예측 = 127
• 1. 국토계획법 및 관련법령의 변화 = 127
• 2. 중앙부처권한의 지방이양 확대 = 128
• 3. 지역의 정체성 강화 = 128
• 제 2 절 도시계획조례의 운용방안 = 129
• 1. 내용적 측면 = 129
• 2. 관리적 측면 = 132
• 3. 도시관리계획과의 관계 측면 = 134
• 제 3 절 운용방안 적용을 통한 대안의 검증 = 137
• 1. 검증의 개요 = 137
• 2. 대안의 적용 = 140
• 3. 관리적측면의 대안검증 = 148
• 제 4 절 소결 = 151
• 제 6 장 결론 = 153
• 참고문헌 = 156