지역이기주의와 공공용지 입지확보에 관한 연구

다국어 초록 (Multilingual Abstract)

This article is about a case study for people's boycott to the establishment of a LULU(Locally Unwanted Land Uses) around their living residence. The purpose of this study is, through the analysis of the regional factionalism, to find a solution of where to locate this LULU and how to manage it for the general benefit of the public.
Especially, this study emphasizes on 'a Nuclear Wast disposal site at Anmyun-do' and 'a Waste landfill sie at Chongwon-gun'. In these two areas, the inhabitants and the authorities are still conflicting because the compensation was hot agreed yet.
First, I would like to study the relation between regional factionalism and boycott to the establishment of a LULU, and to review it through case study. Second, I will analyse recent information received by the press and qualified specialist in this field. I also want to add my experience in the field.
Reginal factionalism often results in refusal to the establishment of LULU itself, or, in better case, excessive demand for the compensation money. LULU is an essential facility not only for the whole country but for the regioanl development, and so the important of these facilites is well known to everyone. However, the area where the facilities are established causes negative external effect, and the benefit to the area is relatively small, compared to the other area.
This case study includes following implications; In the case of, 'Nuclear waste disposal site at Anmyun-do', for example, the authorities did not carry out proper surveys for Nuclear power plant and the facility for its waste disposal. Furthermore, they had no preparation for the public activities. If they felt the necessity of public work for the inhabitants, they would have seeked for co-operation and help from the press and public organization.
To make it worse, the anthorites did not do any reasonable negotiation with the inhabitants for the compansation. That is, the administrative opportunism of the authorities and the regional factionalism was connected, and caused serious demanstration in nation-wide and extreme activities.
In the meantime, in case of waste landfill site at Chongwon-gun; the agreement between the authorities and the representatives of the inhabitants could not be made, regardless of a lot of explanation, speical events for the inhabitants and the arbitration by a public organizatiion. The inhabitants claimed the goverment for the cancel of the project, and was follwed by demonstration and excessive activities.
Through the study of these two cases, I would like to point out our attitude for the overcome of regional factionalism and the effective procurement of LULU as follows;
First, reasonable proposal, right negotiation and the response of the inhabitant is very impotant factors. But, last of all, the authorities have to finalize the selection of LULU by the use of administration power, that is, the legal power.
Second, the fact that the administration power is needed for the suceessvie procurement of LULU does not mean everything. The administration power of the authorities is to be decided absolutely by reasonable and democratic procedure, and to be minimised of its application.
Third, the administration power of the authorities has to be not the best way, but the last way.
As we can overcome most of regional factionalism through reasonable compensation, inhabitant's participation, public information and etc., we have to try for better negotiation.
In conclusion, the matter of establishment of LULU can be solved successively only when the authorities sulate adminstration opportunism and the inhabitants overcome regional factionalim. Especially, as shown well in this study, it is very important for the ingabitants to have temperance and positive way of thinking in expressing their group opinion.

목차 (Table of Contents)

• 目次 = 0
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 3
• 第2章 公共用地의 取得과 地域利己主義 = 4
• 第1節 公共用地 取得의 意義 = 4
• I. 公共用地取得의 槪念 = 4
• II. 公共用地取得의 制度的 基盤 = 6
• III. 實定法的 根□ = 10
• 第2節 公共用地의 取得制度 = 12
• I. 任意取得制度 = 12
• II. 强制取得制度 = 17
• III. 土地先實制度 = 19
• IV. 換地處分制度 = 21
• 第3節 地城利己主義와 □惡施設 = 22
• I. 地城利己主義의 □碩背景 = 22
• II. 地城利己主義의 基本性格 = 25
• III. 地城利己主義와 □惡施設立地 = 29
• 第4節 外國의 立法制度 = 33
• I. 英國 = 33
• II. 美國 = 34
• III. 佛□西 = 36
• 第3章 □惡施設의 立地拒否 事例分析 = 38
• 第1節 安眼島 核廢棄物處理場 租否事例 = 38
• I. 事例槪要 = 38
• II. 推進與件 및 利害關係 = 41
• III. 地城利己主義 性向表出 = 43
• 第2節 □城쓰레기 理立場 拒否事例 = 45
• I. 事例槪要 = 45
• II. 推遭與件 및 利害關係 = 47
• III. 地城利己主義의 性向表出 = 49
• 第3節 地城利己主義의 表出構造 = 52
• I. 地城利己主義의 發生原因 側面 = 53
• II. 地城利己主義의 表出方式 側面 = 56
• 第4章 □惡施設 用地取得上의 問題點과 改善方案 = 56
• 第1節 基本前提 = 56
• 第2節 □惡施設 立地確保上의 問題點 = 59
• I. 民主市民精神의 不在 = 59
• II. 合理的 問題解決의 方法開發 未熟 = 60
• III. 民官 相互間의 理備不足 = 61
• IV. 公共用地 取得制度의 制約性 = 63
• V. 損失□償制度의 不合理 = 65
• 第3節 □惡施設 立地確保上의 改善方案 = 67
• I. 制度的 裝置의 實效化 = 67
• II. 行政情報公開의 制度化 = 69
• III. 民主的 住民參與의 活性化 = 71
• IV. □惡施設地城 支援事業의 損大 = 73
• V. 適正 損失□償의 講究 = 75
• 第5章 結論 = 80
• 參考文獻 = 94
• 英文抄錄 = 90