The overconcentration charge system is introduced as Korea's metropolitan area regulatory policy since the 1960s changed from a direct regulation method to an indirect regulation method. The system is the part of the metropolitan area regulation poli...
The overconcentration charge system is introduced as Korea's metropolitan area regulatory policy since the 1960s changed from a direct regulation method to an indirect regulation method. The system is the part of the metropolitan area regulation policy based on the Constitution's economic order provisions and land property rights regulation provisions.
However, the overconcentration charge system has not been thoroughly analyzed since its introduction in 1994, and more than 30 years have passed, and due to the widespread recognition of legislative discretion due to the constitutional nature of the regulation of land property rights with strong social ties. At this point, there is a need to review the constitutional justification of the system. Accordingly, this paper first examined the flow of the metropolitan area regulation policy and its constitutional basis, and the constitutional court's attitude toward overconcentration chrage was analyzed in connection with the discussion of special assessments, which is the legal nature of the system. And the necessity of reassessing the overconcentration charge system was raised based on the so-called economic principle. Accordingly, this paper presented an indicator as to whether the overconcentration charge was effective, and according to the indicator, the overconcentration charge was insufficient to prevent overcrowding in the metropolitan area and to achieve the goal of balanced development.
Based on the discussion, it was considered that the improvement of the overconcentration charge system should be in line with the realization of the comparison of public and private interests in the regulation of land property rights and the movement to strengthen decentralization. Therefore, in the aspect of imposing the overconcentration charge, an attempt was made to find legislative improvement through an example of a dispute about the overconcentration charge, as the occurrence of unnecessary disputes hinders legitimacy in terms of public interest, and in terms of the operation of overconcentration charge, it was found that allocation to the special account for national balanced development should be managed as the fund for mutual development of municipalities with the characteristics of a horizontal local financial adjustment system, because the special account for national balanced development does not possess the characteristics of special accounting and hinders fiscal decentralization, and in the allocation of the municipality, it was justified that the fiscal equilibrium between autonomous districts in Seoul was appropriated to be used as the local adjustment grant. In addtion to this, it was also found that the allocation of the municipality should be reduced in consideration of the purpose of the overconcentration charge system.
The metropolitan area regulation policy should not be dealt with in terms of physical dispersion as before, but should be in line with the national balanced development. The balanced national development at this time should be discussed in a way that each region can live uniquely, rather than simply deal with the distribution of the population. In order to find the right direction for improvement in the metropolitan area regulation policy, it is necessary to first identify what the “balanced development of the state”, which is the ultimate goal of the metropolitan area regulation policy.