정비사업의 투명성 강화 및 효율성 제고를 위한 법적 검토

Abstract

There were a lot of problems with the existing rearrangement project according to ‘Act on the maintenance and improvement’, because of a lack of the partnership’s expertise, financing and intervention of privileges by the related companies using these points. Public Management of Rearrangement Project, administrative and financial supporting system from formulation to complete of rearrangement plan by public administrator such as the head of a Si/Gun, has been implemented to solve the problem which are occurred in the rearrangement project,and promote transparency and efficiency. Public Management System has been mandatory implemented from the specified and notified day of rearrangement zone until work executors are selected by a general meeting of the partnership through the ‘Municipal Ordinance of Seoul Metropolitan City and The Housing Environment’. The Seoul City’s public management contents could be summarized into four parts. ① The timing of selection and improving management ②The consignment of Promotion committee and the partnership’s executives by the Election Commission ③ The expansion of the rearrangement business promotion’ loan, ④ The introduction of clean-up system. In terms of the law, there are some problems with Seoul’s Public Management of Rearrangement Projects. 1) Even though ‘The urban and residential environment rearrangement law’ requires that the timing of work executors’ selection should happen after authorization for project implement’, Seoul city has exceeded the limits of the local government’s municipal ordinance. 2) Funds allocated through the public management of rearrangement projects should be from rearrangement fund, however many local governments have very low reserve funds also, additional funding is still struggling. 3) In achieving the goal, necessary, effective and only minimal damage to residents are requirement to get legitimacy. However regardless of the choice of residents, the Seoul’s municipal ordinance that mandatory applied public management of rearrangement projects has infringed constitutional property right by excessive restrictions and has overstepped its limits