시설부담금 산정에 관한 분쟁 사례 연구 = A Case Study on Installation Charges Dispute Settlement by Benefits Analysis

다국어 초록 (Multilingual Abstract)

Composition depending on the development of industrial sites are located just within the existing facilities are hoping to become a retention, in accordance with the law will impose a liability amount. Then calculating the profit and loss analysis of the retention is required. In other words, the composition of the industrial site will be retained for existing facilities and the amount of the profit is necessary to analyze. In this study, the calculation of expenses and the income of retained existing facilities will be presented with analytical methods.
Especially the existing cases of dispute with the results of the adjustment and the calculation of contributions for a range of benefits associated with the analysis according to 'The Industrial Sites and Development Act', the following conclusions were drawn.
According to 'The Industrial Sites and Development Act', the facility at the industrial site composition within the limits of increasing the convenience of being charged is reasonable. In particular, the industrial site of buildings located within existing facilities depending on the composition and future industrial sites are public facilities available for the facility to consider the possibility of calculating contributions to be reasonable.
Additional benefits which can be the land prices, tax exemptions, and increasing efficiency of land use for the benefits are not yet realized the benefits against the expenses side, as well as imposing double taxation. Therefore, the heavy emphasis on convenience is not considered to be reasonable.
Including in the industrial site, the cost of damages caused, that is, noise, pollution, and the defective product possibility should be considered a side opinion, but it still does not promote the development of states estimated the cost of the damage is not right to be counted. Therefore, this facility should not be included in calculating contributions.

참고문헌 (Reference)

1 "택지개발촉진법/시행령/시행규칙"

2 "산업입지 및 개발에 관한 법률/법률 시행령/법률 시행규칙"

3 노동성, "민원 사례를 통해 본 기반시설 설치 부담의 문제점과 개선방안" 2007

4 강병주, "도시개발사업에서 공공시설 비용부담에 관한 연구- 도시철도 사업을 중심으로 -" 한국지역개발학회 15 (15): 145-164, 2003

5 강운산, "기반시설부담금제도 정비 방안" 한국건설산업연구원 2007

6 이영성, "기반시설부담금의 이론과 제도운용" 43 : 2005

7 강운산, "기반시설부담금의 문제점과 대안 검토. in: 건설산업동향" 한국건설산업연구원 2005

8 "국토의 계획 및 이용에 관한 법률/법률 시행령/법률 시행규칙"

9 강운산, "건설 관련 부담금 제도의 문제점과 개선 방안" 한국건설산업연구원 2008

10 건설교통부, "개발부담금제도 개요" 2006