우리나라 농‧어촌 정비 및 재생을 위한 법제도 개선방안 -농어촌공간계획을 중심으로-

Abstract

In Korea, one side of rural villages is currently groaning over indiscriminately built factories and barns, while the other side is worried about empty houses that are about to collapse. In other words, the reality is that it suffers from the problems of reckless development and underdevelopment at the same time due to the absence of systematic space planning. As such, the biggest problem in Korea's rural development-related legal system is the lack of legal grounds for the mutual relationship between national land planning and various rural project plans in terms of its system. Therefore, regarding the rural development plan, it is necessary to revise the legal system to clarify the relationship between the national land plan and each rural plan. Recently, the Act on Support for Restructuring and Regeneration of Rural Spaces was enacted, and it is expected that it will serve as both a ground law and a business law for the introduction of a support system for rural space restructuring and regeneration. In the process of enforcing the Act, if it conflicts with existing laws, such as the National Territory Planning Act, this Act may be excluded, and there is a high possibility that the purpose of the Act will be halved. Therefore, it is also necessary to clarify that the above law takes precedence over other laws. In other words, the establishment of rural spatial structures and rural living zones in the basic plan for rural regeneration under the 「Act on Support for Restructuring and Regeneration of Rural Spaces」, which will be enforced in March 2024, is a spatial plan covering the entire national territory. Since there is overlap with the county basic plan, and there is a conflict between specialized rural districts and use districts, it is necessary to review a plan to further vitalize rural regeneration by revising and reorganizing individual rearrangement plans and district designation under the National Territory Planning Act. Furthermore, the purpose of rural regeneration and reorganization pursued by rural spatial planning within the scope of the existing law is made possible by more precisely defining urban/county basic plans and use districts/use areas under the National Territory Planning Act. , Establishment of rural planning is based on the 「Framework Act on Agriculture and Rural Areas」, which is the standard for rural development planning, and matters related to land use, such as designation of districts (rural area planning districts), are based on 「Act on Support for Restructuring and Regeneration of Rural Spaces」 and 「Rural Community Reorganization Act」, the existing rural spatial planning should be established more systematically. In addition, the current agricultural and fishing village development plan in Korea is state affairs in form, but in actual content, local government-specific affairs are mixed, so it is necessary to reorganize the relationship and jurisdiction.