도시정비사업 기반시설 무상양도의 공법적 문제

Abstract

The institution adopted with the aim of using urban space efficiently, and the law adopted to maintain and renew the existing city is the urban development law. What emerged as an important issue as the law related with renewing urban areas is the problem of who will construct public facilities, namely, ‘urban infrastructure’, and who will operate it. In constructing a new city, It is easy to construct urban infrastructure and necessary buildings, using surplus land. But, when we try to renew or reconstruct existing urban area where private land, buildings, and public facilities like streets and parts are mixed, many complex problems take place. That is, the questions such as how existing private real estates and buildings, and basic facilities should be compartmentalized considering the quantities and qualities of new real estates, buildings, and infrastructures. What occurs as acute issues is equilibrium between private and public interests, harmony between developmental interests and public goods, and urban social consensus on improved environment, etc. This study dealt with the unfolding processes and major issues in administrative litigation, unconstitutionality suit, and civil suit, etc. related with contributed acceptance and unpaid reversion to the state of private properties, and gratuitous conveyance of public properties. In particular, this study limited the discussions on infrastructure stipulated in the Law on Plans and Use of National Land, and renewed infrastructure stipulated in the Urban and Housing Environment Renewal Law which can be changed, abolished, or constructed before and after an urban development project. Controversial legal items are Article 65 of the Urban and Housing Environment Renewal Law(conveyance of renewed infrastructure and land, etc.) and sub-article 2(contributed acceptance). This study analytically summarized legal issues, judicial cases and controversies in the central and local governments. Through such analyses, this study analyzed urban renewal projects and urban infrastructure construction from different perspectives such as legal judgement dimension, urban development and urban management dimension, and the dimension of administrative organizations and administrators, and examined different attitudes and positions depending on different dimensions, and suggested some ideas on how to revise related laws.