정비사업에서 기부채납제도의 기능과 법적 규율

Abstract

The improvement project made a significant contribution to satisfying urban functions and improving the residential environment. In the process, systems such as improvement plans, establishment of cooperatives, and project implementation were supplemented and established. The donation system also contributed greatly to securing infrastructure within the urban area. However, the identity of the donation of infrastructure was unclear, and as various functions were mixed, legal regulation was difficult. And it was carried out mainly by the actions of administrative agencies without legal discipline. The operating standards for donation of infrastructure in 2023 were introduced in the guidelines of improvement plan establishment. It has become a relatively reasonable level of legislation, reflecting the previous donation of infrastructure and urban planning work. With this as an opportunity, there is a need to discuss the overall system in donation of infrastructure and future development plans. First, unlike private donations, it is reasonable to view it as a unique legal act governed by public law. Only by understanding it in this way can the various functions of donation of infrastructure be explained. Second, the process by which donations of infrastructure are decided and executed during the implementation of the improvement project must be clearly explained. This is because the decision to accept donations of infrastructure is not made in one procedural step. Third, based on an understanding of these procedures, practices of donation of infrastructure must be operated in accordance with the newly legislated operation standards for donation of infrastructure. Lastly, starting from the institutionalization of the operating standards for donation infrastructure, administrative agencies must be cautious in exercising planning discretion to avoid excessive or irrelevant donation of infrastructure, and adjust the interests of project participants through active sentencing. Project implementors must also present various donation methods and actively engage in donation negotiations with the administrative office. In the future, we hope that the field of improvement projects will develop so that comprehensive management of donations of infrastructure can be carried out for the entire city rather than for individual improvement zone.