산업단지 관련법제에 대한 규제법적 고찰 - 울산광역시 산업단지 사례를 중심으로 -

Abstract

Industrial Complex, which took a major role in Korean economic development, is based on two major Statutes: “Act on the Industrial Location and Development” & “Act on the Facilitation of Industrial Concentration and Establishment of Factory.” These two Statutes have various regulatory provisions from selecting enterprises entering industrial complex to management of this complex, and therefore regulatory law perspective on these provisions needs to be addressed. In the context of legal theory on regulation, the concept of ‘regulatory reform’ should not be equated with the concept of ‘deregulation’, and be focused on the enhancing quality of regulation through various alternatives to regulation. On top of that, the Constitutional Law of Korea Article 37 Paragraph 2, Article 119 Paragraph 1 & 2, which can be evaluated as constitutional basis on regulation, should be interpreted in harmony. Industrial Complex related law still entails unresolved issues such as ambiguity of deregulation of industrial location entrance, and inefficiencies due to dual management system between the Ministry of Trade, Industry and Energy and the Ministry of Land, Infrastructure, and Transport. To address these issues, ‘balanced growth of national economy’, which is stipulated in the Constitution of Korea (Article 119 Paragraph 2), should be actualized in industrial complex entrance policy, and diverse regulatory policy coordination mechanisms including joint-jurisdiction regulations, and Memorandum of Understanding between two Ministries should be implemented. Ulsan Metropolitan City’s Industrial Complex has made efforts to address many challenges such as safety, deteriorated industrial complex, environment, and change of industrial structure. From the regulatory law perspective, regulation on safety and environment should be strengthened, and alternative to regulation such as contract should be actively implemented.