국토계획법의 발전적 전개를 위한 법률과 제도에 관한 고찰

다국어 초록 (Multilingual Abstract)

The purpose of the National Land Planning and Utilization Act [NLPUA] is to promote the public welfare and to enhance the quality of living environment through land utilization, development and preservation. Especially, it is to reorganize the previous systems and introduce new institutions in the planning and utilization of the national territory in order to prohibit improper development or urban sprawl and construct the environment-friendly system for planning and utilization of the national territory. Containing the analysis and estimation of NLPUA and new legal institutions to prohibit improper land development, this study starts from presenting developing directions of new institutions and NLPUA.
In chapter 1, previous changes in the utilization and management of national territory are introduced in brief. The purpose and methods of this study are described.
In chapter 2, legislative purpose and background of NLPUA are explained. As a measure to restrain improper development in the quasi-agricultural zone following the policy to prevent improper land development of the Ministry of Construction and Transportation, NLPUA aims to establish the principle of Plan first, Develop later and the sustainable land utilization scheme.
In chapter 3, basic directions and significance of new institutions in NLPUA are examined. NLPUA is estimated to rearrange regulations and planning schemes for utilization in the national territory, to apply urban planning techniques to the national territorial planning, and to introduce measures to prohibit improper development.
In chapter 4, the contents of the legal institutions reformed and introduced in NLPUA are analyzed. NLPUA contains reorganization of Specific-Use Areas, enlargement of the Development Permission System, and introduction of the Type-II District Unit Planning System and the Development Charge System for Infrastructure Cost-Share.
In chapter 5, the estimation and developing directions of NLPUA are presented. NLPUA has problems with ideal and futuristic legal system, complicated planning schemes, the incomplete legal system, distinctive schemes between urban and rural areas, unfeasible plans in designating Specific-Use Areas, and the doubtful possibility of the Plan-led Development scheme. Accordingly, NLPUA is confronted with a number of issues, such as improvement of the plan-centered system for land utilization, integration of urban and rural areas, reconstruction of the Development Permission System, and rationalization of Infrastructure Cost-Share System for recapturing development gains.
Chapter 6 summarizes advantages and excellent results of NLPUA and emphasizes that the problems mentioned above should be solved for the improvement of NLPUA.