지방자치단체의 공간계획 자치권에 관한 연구

Abstract

Establishment and approval of the metropolitan city planning, the city basic plan, the city management plan which is the basis of the spatial planning has been transferred from the central government to the local government. Nonetheless, there is a continuing need to expand the autonomy of planning and secure its effectiveness. Therefore, this study examined spatial planning autonomy of local government prescribed by law for Seoul. As a result of analyzing 25 plans of 24 laws and ordinances including urban, traffic and environment, the central government still has a great influence in the process of establishing spatial planning. Local governments formulate spatial plans, but their format and content are determined by the guidelines established by the central government, and there are many plans approved by the central government. It was also designed to allow the central government to participate in the plan if it was deemed necessary for the country. In addition, when establishing a high-level plan, there was no provision for local government participation, or it was only possible to present opinions except for metropolitan city planning, regional zone development plan, pollution management plan, and sewer maintenance plan. Especially, in the situation that the system such as linkage between upper planning is unclear, the spatial plan of local government established by upper plan and guideline lies in a structure which is incompatible with contradiction and conflict between plans established by state and local government. The absence of the authority and the means to coordinate this in local governments led to formalization of plan prescribed by law and establishment of plan not specified in law. In order to solve this problem, it is necessary to ensure the autonomy of the local government to plan the space and to increase the effectiveness of the plan by making it function effectively.