2종 항만배후단지 입지시설의 법적 성격과 개발 활성화를 위한 개선방안

Abstract

Through the complete revision of the Port Act in 2020, a new regulation has been established that prohibits the rental of port facilities in principle if the port facilities built by private investors do not belong to the state and are owned by the private sector, and the transfer of the port facilities for ten years after creation unless there are special reasons such as inheritance. With the introduction of this regulation, the development of port facilities by private investors has faced a major crisis. This has a greater impact on the revitalization of the second-class port hinterland where facilities for general business, commerce, and residence are located to support the port’s function than those of the first-class port hinterland, which perform original logistics roles. However, for facilities in and around the second-class port hinterland to be subject to the new regulation, it must be premised that those are port facilities, and there have been disagreements within the Ministry of Oceans and Fisheries as to whether they correspond to port facilities. As a result of requesting legal interpretation from the Ministry of Government Legislation, it was suggested that the facilities located in the second-class port hinterland correspond to port facilities. The opinion of the Ministry of Government Legislation is questionable, however, in its validity considering the legislative purpose of the second-class port hinterland. Therefore, this study examines the meaning, function, and future development plans for the port hinterland, and highlights problems in the interpretation by the Ministry through interviews with experts in the subject matter, literary interpretations of related regulations, and research on the legislative purpose. According to the history of the revision of the Port Act, it is clear that the facilities in the second-class port hinterland do not correspond to port facilities. Furthermore, this study proposes legislative improvement plans to address the problem caused by uncertainty in the legal character of the facilities.